Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Act of the 1997 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
85		17	2:20 p.m. April 3	April 3

Sincerely,

Joan Anderson Growe

Secretary of State

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 1088, relating to elections; allowing towns to rotate names of candidates on town ballots.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 1093, relating to elections; authorizing the electors of a metropolitan town to move the town election from March to November.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 219, relating to employment; requiring leaves of absence without pay for employees rendering services as members of the civil air patrol.

Warmest regards,

Arne H. Carlson

Governor

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
	1088	18	11:00 a.m. April 4	April 4
	1093	19	11:05 a.m. April 4	April 4
	219	20	11:10 a.m. April 4	April 4

Sincerely,

Joan Anderson Growe
Secretary of State

The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $122.

The party requesting a trial by jury shall pay $75.

The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $10, and $5 for an uncertified copy.

(3) Issuing a subpoena, $3 for each name.

(4) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $10.

(5) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $7.50.

(6) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.

(7) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.

(8) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.

(9) For the filing of each partial, final, or annual account in all trusteeships, $10.

(10) For the deposit of a will, $5.

(11) For recording notary commission, $25, of which, notwithstanding subdivision 1a, paragraph (b), $20 must be forwarded to the state treasurer to be deposited in the state treasury and credited to the general fund.

(12) When a defendant pleads guilty to or is sentenced for a petty misdemeanor other than a parking violation, the defendant shall pay a fee of $11.

(13) Filing a motion or response to a motion for modification of child support, a fee fixed by rule or order of the supreme court.

(14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the putative fathers' adoption registry under section 259.52.

The fees in clauses (3) and (4) need not be paid by a public authority or the party the public authority represents.

Sec. 12. [REPEALER.]

Delete the title and insert:

"A bill for an act relating to adoption; creating a putative fathers' adoption registry; amending adoption notice and consent provisions relating to fathers; amending Minnesota Statutes 1996, sections 13.99, by adding a subdivision; 257.352, subdivision 3, and by adding subdivisions; 259.21, by adding a subdivision; 259.49, subdivision 1; 260.221, subdivision 1, and by adding a subdivision; and 357.021, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 259; repealing Minnesota Statutes 1996, section 259.51."

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.

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

H. F. No. 301, A bill for an act relating to accountants; modifying licensing requirements; amending Minnesota Statutes 1996, section 326.19.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 326.19, is amended to read:

326.19 [LICENSURE; QUALIFICATIONS OF ACCOUNTANTS.]

Subdivision 1. [CERTIFICATES AND LICENSES AS CERTIFIED PUBLIC ACCOUNTANTS.] (a) Until January 1, 2001, a certified public accountant certificate shall be granted to any person:

(a) (1) who has attained the age of 18 years; and

(b) (2) who is of good character; and

(c) (3) who has successfully completed an examination in the subjects and at the times the board may prescribe in its rules.

(b) Until January 1, 2001, the examination shall be administered by the board only to a candidate who holds:

(i) (1) a master's degree with a major in accounting from a college or university that is fully accredited by the North Central Association of Colleges and Secondary Schools, or an equivalent accrediting association, or who has in the opinion of the board at least an equivalent education; or

(ii) (2) a baccalaureate degree, with a major in accounting, from a college or university that is fully accredited by the North Central Association of Colleges and Secondary Schools, or an equivalent accrediting association, or whose credits are acceptable to the University of Minnesota for admission to graduate study, or who has in the opinion of the board at least an equivalent education; or

(iii) (3) a baccalaureate degree from a college or university that is fully accredited by the North Central Association of Colleges and Secondary Schools, or an equivalent accrediting association, or whose credits are acceptable to the University of Minnesota for admission to graduate study, or who has in the opinion of the board at least an equivalent education, providing at least one year of experience of the type specified in subdivision 4, has been completed; or

a technical college, a Minnesota licensed private vocational school which fulfills the requirements of sections 141.21 to 141.36, or who has in the opinion of the board at least an equivalent education, providing at least three years experience of the type specified in subdivision 4, has been completed; or

(v) (5) a diploma as a graduate of an accredited high school or who has in the opinion of the board at least an equivalent education, providing at least five years experience of the type specified in subdivision 4 has been completed.

(c) On or after January 1, 2001, a certified public accountant certificate shall be granted to any person:

(1) who has attained the age of 18 years;

(2) who is of good character; and

(3) who has successfully completed an examination in the subjects and at the times the board may prescribe in its rules.

(d) On or after January 1, 2001, the examination shall be administered by the board only to a candidate:

(1) who has a baccalaureate or higher degree, with a major in accounting, from a college or university that is fully accredited by the North Central Association of Colleges and Secondary Schools, or an equivalent accrediting association, and has completed at least 150 semester or 225 quarter hours at a college or university that is fully accredited by the North Central Association of Colleges and Secondary Schools, or an equivalent accrediting association; or

(2) who has in the opinion of the board at least an equivalent education.

Subd. 2. [EXPERIENCE CERTIFIED PUBLIC ACCOUNTANT LICENSE.] A certified public accountant license shall be granted to any person who has been issued a certified public accountant certificate under subdivision 3. (a) Those persons holding certified public accountant certificates issued under subdivision 1, paragraphs (a) and (b), shall be granted licenses as certified public accountants providing that they have completed the following required experience of the type specified in subdivision 4 in addition to any experience required in subdivision 1, clause (c)(i) to (v) paragraph (b):

(i) (1) for those whose educational qualifications meet the requirements of subdivision 1, paragraph (b), clause (c)(i) (1), the experience requirement is one year;

(ii) (2) for those whose educational qualifications meet the requirements of subdivision 1, paragraph (b), clause (c)(ii) (2), the experience requirement is two years;

(iii) (3) for those whose educational and experience qualifications meet the requirements of subdivision 1, paragraph (b), clause (c)(iii) (3), the additional required experience is two years;

(iv) (4) for those whose educational and experience qualifications meet the requirements of subdivision 1, paragraph (b), clause (c)(iv) (4), the additional required experience is two years; and

(v) (5) for those whose educational and experience qualifications meet the requirements of subdivision 1, paragraph (b), clause (c)(v) (5), the additional required experience is one year.

(b) Those persons holding certified public accountant certificates issued under subdivision 1, paragraph (c), shall be granted licenses as certified public accountants providing that they have completed at least one year of experience of the type specified in subdivision 4.

Subd. 3. [CERTIFICATE AND LICENSE WITHOUT EXAMINATION.] The state board of accountancy may, in its discretion, waive the examination of and may issue a certificate and license as a certified public accountant to any person possessing the qualifications mentioned in this section, who:

(i) meets all of the requirements for the license or certificate in the state which has granted it to the applicant are, in the opinion of the state board of accountancy, equivalent to those herein provided that were applicable in this state at the time of the issuance of the applicant's certificate in the other state; or

(ii) meets all of the requirements currently in effect in this state; or

(iii) has at least five years of experience, within the last ten years prior to the date of application, of the type specified in subdivision 4;

(b) Shall be (2) is the holder of a degree or certificate of certified public accountant or chartered accountant, or the equivalent thereof, issued in any foreign country, provided that the applicant, at the time of application:

(i) meets all of the requirements for the degree or certificate are equivalent to those herein provided for the license of certified public accountant in this state. that were applicable in this state at the time of the issuance of the applicant's certificate in the foreign country and has at least five years of experience, within the last ten years, of the type specified in subdivision 4; or

(ii) meets all of the requirements currently in effect in this state; or

(c) Shall in another jurisdiction have (3) has completed successfully in another jurisdiction an examination which, in the opinion of the board, is comparable to that prescribed by the board in its rules and provided that such the person has satisfied the other requirements of subdivisions 1 and 2.

Subd. 4. [QUALIFYING EXPERIENCE FOR EXAMINATION AND GRANTING OF LICENSE.] Qualifying experience for subdivisions 1, 2 and 3 include public accounting experience (1) as a staff employee of a certified public accountant or public accountant, a firm of certified public accountants or public accountants, or a corporation formed for the practice of public accounting; or (2) as an auditor in the office of the legislative auditor or state auditor, or as an auditor or examiner with any other agency of government, which experience, in the opinion of the board is equally comprehensive and diversified; or (3) as a self-employed public accountant or as a partner in a firm of public accountants; or (4) in any combination of the foregoing capacities."

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

The report was adopted.

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

H. F. No. 329, A bill for an act relating to partnerships; enacting the Uniform Partnership Act of 1994; providing for limited liability partnerships; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 323A; repealing Minnesota Statutes 1996, sections 323.01; 323.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8; 323.03; 323.04; 323.05; 323.06; 323.07; 323.08; 323.09; 323.10; 323.11; 323.12; 323.13; 323.14; 323.15; 323.16; 323.17; 323.18; 323.19; 323.20; 323.21; 323.22; 323.23; 323.24; 323.25; 323.26; 323.27; 323.28; 323.29; 323.30; 323.31; 323.32; 323.33; 323.34; 323.35; 323.36; 323.37; 323.38; 323.39; 323.40; 323.41; 323.42; 323.43; 323.44; 323.45; 323.46; and 323.47.

Reported the same back with the following amendments:

Page 2, line 4, after "(5)" insert ""Filed" or"

Page 3, after line 6, insert:

Page 3, line 7, delete "(14)" and insert "(15)"

Page 3, line 19, delete "(15)" and insert "(16)"

Page 3, line 23, delete "(16)" and insert "(17)"

Page 3, line 31, delete "(17)" and insert "(18)"

Page 6, delete lines 18 to 24 and insert:

"(b) A certified copy of a statement that has been filed and has been recorded has the effect provided for recorded statements in this chapter. A recorded statement that is not a certified copy of a statement filed in the office of the secretary of state does not provide knowledge or notice and does not have the effect provided for recorded statements in this chapter."

Page 10, lines 27 and 33, before the period, insert ", without the necessity of an instrument of transfer executed by a partner in the partnership name"

Page 11, lines 4 and 5, delete "or had received a notification"

Page 11, line 9, delete "or had received a notification"

Page 12, line 25, delete "a certified copy of"

Page 12, line 26, delete "recorded in the office" and insert "whether or not a certified copy of the filed statement is recorded, and"

Page 12, line 31, delete "in the office for recording transfers of that"

Page 12, line 32, delete "real property" and delete "in the office for recording"

Page 12, line 33, delete "transfers of that real property"

Page 13, line 2, before "if" insert "only"

Page 13, lines 4 and 5, delete "in the office for recording transfers of that real property"

Page 13, delete lines 10 to 13

Page 33, line 11, after "A" insert "filed"

Page 33, line 12, delete "323A.303(d)" and insert "323A.303(d)(1)"

Page 33, line 13, after "and" insert ", if recorded,"

Page 33, line 14, delete "323A.303(e)" and insert "323A.303(d)(2) and (e)"

Page 40, line 29, delete "in the" and insert a period

Page 40, delete line 30

Page 43, delete lines 25 to 34 and insert:

Page 46, line 11, after "debts" insert ", including accepting a deed in lieu of foreclosure or cancellation,"

Page 46, after line 31, insert:

"Sec. 61. [322A.88] [LIMITED LIABILITY LIMITED PARTNERSHIP.]

(a) A limited partnership may become a limited liability partnership by:

(1) obtaining approval of the terms and conditions under which the limited partnership elects limited liability limited partnership status by the vote necessary to amend the limited partnership agreement except, in the case of a limited partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions;

(2) filing a statement of qualification under section 323A.1001(c) of the Uniform Partnership Act (1994); and

(3) complying with the name requirements of section 323A.1002 of the Uniform Partnership Act (1994).

(b) A limited liability limited partnership continues to be the same entity that existed before the filing of a statement of qualification under section 323A.1001(c) of the Uniform Partnership Act (1994).

(c) Sections 323A.306(c) and 323A.307(f) of the Uniform Partnership Act (1994) apply to both general and limited partners of a limited liability limited partnership."

Pages 47 and 48, delete section 63 and insert:

"Sec. 64. [323A.1203] [EFFECT OF DESIGNATION.]

Except as otherwise provided in this chapter, a partnership remains the same entity for purposes of holding title to or conveying an interest in real or personal property and for all other purposes:

(1) during the winding up of the partnership following its dissolution;

(2) whether the status of a partnership that is a limited liability partnership terminates under section 323A.105(d) or 323A.1003; and

(3) regardless of whether the words "limited liability partnership," "professional limited liability partnership," "general partnership," "registered limited liability partnership," or the designation "L.L.P.," "LLP," "P.L.L.P.," "PLLP," "R.L.L.P.," or "RLLP" are used in an instrument conveying an interest in real or personal property to or from the partnership or in any other writing."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 4, before "proposing" insert "proposing coding for new law in Minnesota Statutes, chapter 322A;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

subdivision 4; and 524.1-201; proposing coding for new law as Minnesota Statutes, chapter 149A; repealing Minnesota Statutes 1996, sections 145.14; 145.15; 145.16; 145.162; 145.163; 145.24; 149.01; 149.02; 149.03; 149.04; 149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13; 149.14; and 149.15; Minnesota Rules, parts 4610.0400; 4610.0410; 4610.0700; 4610.0800; 4610.0900; 4610.1000; 4610.1100; 4610.1200; 4610.1300; 4610.1500; 4610.1550; 4610.1600; 4610.1700; 4610.1800; 4610.1900; 4610.2000; 4610.2200; 4610.2300; 4610.2400; 4610.2500; 4610.2600; and 4610.2700.

Reported the same back with the following amendments:

Page 1, line 24, before "Data" insert "(a) Data on investigations and disciplinary actions by the commissioner of health are classified under section 149A.04, subdivision 5.

(b)"

Page 1, line 26, delete "chapter 149A" and insert "section 149A.97, subdivision 11"

Page 19, line 10, delete "INFORMATION" and insert "DATA"

Page 19, line 11, delete "Information" and insert "Data"

Page 19, line 12, delete "is" and insert "are"

Page 19, line 14, delete "information regarding" and insert "data on" and delete "is"

Page 19, line 15, delete "classified" and insert "are civil investigative data" and delete "and"

Page 19, line 16, delete everything after "(2)" and insert " data on individuals are licensing data under"

Page 19, line 17, before the period, insert "; and

(3) data on individuals who submit complaints to the commissioner regarding activities or practices regulated under this chapter are confidential data on individuals while an investigation is active and private data on individuals when an investigation becomes inactive"

Page 47, line 28, delete "INFORMATION" and insert "DATA" and delete "Information"

Page 47, delete line 29

Page 47, line 30, delete "pursuant to" and before the period, insert ", applies to data submitted to the commissioner under this section"

Page 97, line 16, delete "INFORMATION" and insert "DATA" and delete "Unless the data is summary"

Page 97, delete lines 17 to 21 and insert "Data on individuals collected and maintained under subdivision 7 are private data on individuals as defined in section 13.02, subdivision 12."

With the recommendation that when so amended the bill pass.

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

H. F. No. 469, A bill for an act relating to hospital districts; authorizing hospital districts to operate assisted living facilities; amending Minnesota Statutes 1996, section 447.33, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 447.33, is amended to read:

447.33 [POWERS.]

Subdivision 1. [BROAD POWERS OF DISTRICT.] Each hospital district created or reorganized under sections 447.31 to 447.37 has the powers necessary and convenient to acquire, improve, and run the hospital and, nursing home facilities, and facilities described in section 447.45, subdivision 2, paragraph (b), as the hospital board finds expedient. The list of powers in this section does not restrict the power of the board. It may take any action reasonably necessary or convenient to further the purpose for which the district exists which is not otherwise prohibited by law.

Subd. 2. [SPECIFIC POWERS.] Specifically, every district, acting through its hospital board, may:

(1) employ nursing, administrative, and other personnel, legal counsel, engineers, architects, accountants, and other qualified persons, who may be paid for their services by monthly salaries, hourly wages, and pension benefits, or by any fees agreed on;

(2) have reports, plans, studies, and recommendations prepared;

(3) lease, purchase, and contract for the purchase of real and personal property by option, contract for deed, conditional sales contract, or otherwise, and acquire real or personal property by gift;

(4) lease or construct, equip, furnish, and maintain necessary buildings and grounds;

(5) adopt, by resolution, rules for the operation and administration of the hospital and nursing home facilities under its control, and for the admission of patients;

(6) impose by resolution, and collect, charges for services and facilities provided and made available by it;

(7) levy taxes as prescribed in section 447.34;

(8) borrow money and issue bonds as prescribed in sections 447.345 and 447.35;

(9) buy liability insurance for the district or its officers and employees or both, for torts committed within the scope of their official duties, whether governmental or proprietary, and against damage to or destruction of any of its facilities, equipment, or other property;

(10) sell or lease its facilities or equipment as it finds expedient; and

(11) have its accounts, books, vouchers, and funds audited by competent public accountants; and

Sec. 2. Minnesota Statutes 1996, section 447.34, subdivision 1, is amended to read:

Subdivision 1. [EXPENSES PAID FROM REVENUE, TAXES, AND APPROPRIATIONS; TAX LIMITS.] Expenses of acquiring, improving, and running the hospital and, nursing home facilities, and facilities described in section 447.45, subdivision 2, paragraph (b), operated by a hospital district, amounts payable with respect to facilities of the type described in section 447.45, subdivision 2, that are attached or related to a nursing home and are providing supportive services to elderly persons who are not yet in need of nursing home care, including congregate housing, adult day care, and respite care services, under an agreement between the hospital district and a city or county, expenses incurred under section 447.331, subdivision 1, and expenses of organization and administration of the district and of planning and financing the facilities, must be paid from the revenues derived from them, and to the extent necessary, from ad valorem taxes levied by the hospital board on all taxable property within the district, and, to the extent determined from time to time by the board of county commissioners of any county containing territory of the district, from appropriations made by the county board in accordance with section 376.08. Money appropriated by the board of county commissioners to acquire or improve facilities of the hospital district may be transferred in the discretion of the hospital board to a sinking fund for bonds issued for that purpose. The hospital board may agree to repay to the county any sums appropriated by the board of county commissioners for this purpose, out of the net revenues to be derived from operation of its facilities, and subject to the terms agreed on.

Sec. 3. Minnesota Statutes 1996, section 447.45, subdivision 2, is amended to read:

Subd. 2. [POWERS OVER SPECIAL FACILITIES.] (a) With respect to facilities for the care, treatment, and training of persons with mental retardation or related conditions, and facilities attached or related to a nursing home providing supportive services to elderly persons who are not yet in need of nursing home care, including congregate housing, adult day care and respite care services, a county or city may exercise the powers in sections 447.45 to 447.50 as if these facilities were hospital or nursing home facilities within the meaning of sections 447.45 to 447.50. "County or city" includes cities of the first class and counties containing them. "Related conditions" is defined in section 252.27, subdivision 1a.

(b) With respect to facilities attached or related to a nursing home providing supportive services to elderly persons who are not yet in need of nursing home care, including congregate housing, adult day care, and respite care services, a hospital district may exercise the powers in sections 447.45 to 447.50 as if these facilities were hospital or nursing home facilities within the meaning of sections 447.45 to 447.50."

Delete the title and insert:

"A bill for an act relating to hospital districts; authorizing hospital districts to provide support services to certain persons not in need of nursing home care; amending Minnesota Statutes 1996, sections 447.33; 447.34, subdivision 1; and 447.45, subdivision 2."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 609, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1996, sections 168.101, subdivision 2; and 168.15, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1996, section 168A.10, subdivision 6.

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

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

H. F. No. 611, A bill for an act relating to health; exempting certain advisory councils and committees from expiration; amending Minnesota Statutes 1996, sections 145.881, subdivision 1; and 145A.10, subdivision 10.

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

The report was adopted.

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

H. F. No. 653, A bill for an act relating to insurance; health; requiring coverage for diabetes outpatient self-management training and education; amending Minnesota Statutes 1996, section 62A.45.

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

The report was adopted.

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

H. F. No. 857, A bill for an act relating to metropolitan government; modifying the metropolitan council cost allocation system for wastewater services; amending Minnesota Statutes 1996, sections 473.511, subdivision 4; and 473.517, subdivisions 1 and 2.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1076, A bill for an act relating to civil actions; clarifying admissibility of evidence regarding seat belts and child passenger restraint systems in certain actions; amending Minnesota Statutes 1996, section 169.685, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 20, delete "against a dealer, manufacturer,"

Page 1, line 21, delete "distributor, seller, or other person"

Page 2, delete lines 1 to 8

With the recommendation that when so amended the bill pass.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

16B.50; 16B.54, subdivision 8; 16B.61, subdivision 1a; 16B.72; 16B.73; 16B.747, subdivision 3; 16B.748; and 326.841; Laws 1996, chapter 463, section 13, subdivision 7; repealing Minnesota Statutes 1996, sections 13.072, subdivision 3; 15.171; 15.172; 15.173; 15.174; and 16B.88, subdivision 6.

Reported the same back with the following amendments:

Page 3, after line 33, insert:

"Sec. 4. Minnesota Statutes 1996, section 16B.49, is amended to read:

16B.49 [CENTRAL MAILING SYSTEM.]

The commissioner shall maintain and operate for state agencies, departments, institutions, and offices a central mailing system mail handling unit. Official mail of an agency occupying quarters within the boundaries of the city of St. Paul must be delivered unstamped to the central mailing station. Official, outgoing mail for units in St. Paul must be delivered unstamped to the unit. The unit also shall operate an interoffice mail distribution system. The department may add personnel and acquire equipment as necessary to operate the unit efficiently and cost-effectively. Account must be kept of the postage required on that mail, which is then a proper charge against the agency delivering the mail. To provide funds for the payment of postage, each agency shall make advance payments to the commissioner sufficient to cover its postage obligations for at least 60 days. For purposes of this section, the Minnesota state colleges and universities is a state agency."

Pages 4 and 5, delete section 6

Page 7, line 15, delete "or contract with"

Page 7, line 18, delete everything after the period

Page 7, delete lines 19 to 21

Page 7, line 22, delete everything before "A"

Page 9, line 23, strike "print" and after "communications" insert "media"

Page 10, line 3, delete "13.072, subdivision 3;"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 8, after "16B.482;" insert "16B.49;"

Page 1, line 9, delete "16B.61, subdivision 1a;"

Page 1, lines 12 and 13, delete "13.072, subdivision 3;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

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

The report was adopted.

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

H. F. No. 1183, A bill for an act relating to real estate; regulating compensation paid by licensees to tenants for referrals; amending Minnesota Statutes 1996, section 82.19, subdivision 3.

Reported the same back with the following amendments:

Page 2, delete lines 1 to 6

Page 2, line 7, delete everything before the period and insert "involving a person who receives a referral fee from the owner, manager, or employee of a residential property provided that in any 12-month period, no recipient may earn more than the value of one month's rent, that the recipient is a resident of the property or has lived there within 60 days of the payment of the fee, and that the person paying the fee is bound by any representations made by the recipient of the fee"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1257, A bill for an act relating to local government; authorizing removal and reinterment of bodies in the city of Luverne.

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. 1373, A bill for an act relating to children; modifying the definition of family under the MinnesotaCare program; providing for transfer of custody of a child to a relative by a consent decree; authorizing communication or contact agreements between adoptive parents and birth parents; providing for a relative conference and relative care agreement following a report of child abuse or neglect; creating a pilot project; appropriating money; amending Minnesota Statutes 1996, sections 119B.01, subdivision 10; 256.9366, subdivision 3; 257.02; 259.59 by adding a subdivision; 260.191, subdivision 3b; 260.241, subdivision 1; and 518.158; proposing coding for new law in Minnesota Statutes, chapters 257; 259; and 626.

Reported the same back with the following amendments:

Pages 1 and 2, delete sections 1 and 2

Page 3, line 29, after "amount" insert "and an allocation of child care costs as"

Page 4, line 8, delete "birth parents" and insert "that relative"

Page 4, line 11, delete "parent or parents" and insert "relative" and after the period, insert "For purposes of this section, "birth relative" means a parent, stepparent, grandparent, brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood or marriage. For an Indian child, birth relative includes members of the extended family as defined by the law or custom of the Indian child's tribe or, in the absence of laws or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act, United States Code, title 25, section 1903."

Page 4, line 13, delete "parent or"

Page 4, line 14, delete "parents" and insert "relative"

Page 4, line 20, delete "parent" and insert "relative"

Page 4, line 26, delete "parent or parents" and insert "relative"

Page 4, line 36, delete "a civil action" and insert "filing a petition or motion with the family court that includes a certified copy of the order granting the communication, contact, or visitation, but only if the petition or motion is accompanied by an affidavit that the parties have mediated or attempted to mediate any dispute under the agreement or that the parties agree to a proposed modification" and delete "in that action"

Page 5, line 11, delete "parents" and insert "relatives"

Page 10, line 23, after the comma, insert "a custody consent decree under section 257.0215,"

Page 11, line 9, delete everything after "1" and insert a period

Page 11, delete line 10 and insert "The notice must also inform the parents and relatives of the potential consequences and range of options if they do not enter into a relative care agreement that is in the best interests of the child and that the local service agency may intervene with protective services or determine that the child should be placed out of the home."

Page 11, line 18, delete everything after "agreement"

Page 11, line 19, delete "the home" and insert "results in a transfer of physical custody under section 257.0215 or chapter 518"

Page 11, line 21, after "staying" insert "shall file a motion with the court that approved the custody consent decree or ordered the transfer of custody under chapter 518. The parent"

Page 12, line 21, after "house" insert "of representatives"

Page 12, line 22, after "committees" insert "by January 15, 1999,"

Page 12, delete line 36

Page 13, line 1, delete "after July 1, 1997." and delete "2 to 11" and insert "1 to 9"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, delete everything before "providing"

Page 1, delete line 11

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.

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

H. F. No. 1379, A bill for an act relating to the city of Duluth; authorizing the creation of a nonprofit corporation and the transfer of all of the assets and liabilities of the Miller-Dwan Medical Center to the nonprofit corporation; requiring that the nonprofit corporation satisfy the state law requirement relating to charitable trusts.

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

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 1409, A bill for an act relating to agriculture; legislative review of feedlot permit rules; amending Minnesota Statutes 1996, section 116.07, subdivision 7.

Reported the same back with the following amendments:

Page 3, lines 16, 19, and 22, delete "members" and insert "chairs"

Page 3, line 17, delete "policy"

Page 3, line 23, before the period, insert "unless no public hearing was required for the adoption of rules"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 1531, A bill for an act relating to state government; reallocating appropriations for the renovation of the capitol building; amending Laws 1996, chapter 463, section 13, subdivision 4.

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

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 1542, A bill for an act relating to public employment; making technical changes; modifying definitions; ratifying certain labor agreements; amending Minnesota Statutes 1996, sections 3.855, subdivision 2; 179A.03, subdivision 14; 179A.10, subdivision 1; and 179A.11, subdivision 1.

Reported the same back with the following amendments:

Page 7, after line 34, insert:

"Sec. 5. Minnesota Statutes 1996, section 179A.16, subdivision 7, is amended to read:

Subd. 7. [DECISION BY THE ARBITRATOR OR PANEL.] The decision must be issued by the arbitrator or a majority vote of the panel. The decision must resolve the issues in dispute between the parties as submitted by the commissioner. For principals and assistant principals, the arbitrator or panel is restricted to selecting between the final offers of the parties on each impasse item. For firefighters, the arbitrator or panel is restricted to selecting between the final offer total package of one party or the other unless, before the commissioner certifies issues in dispute: (1) either party specifies in writing that the arbitrator or panel is required to resolve the issues in dispute between the parties as submitted by the commissioner; or (2) the parties agree in writing to restrict the arbitrator or panel to selecting between the final offers of the parties on each impasse item. For other employees, if the parties agree in writing, the arbitrator or panel is restricted to selecting between the final offers of the parties on each impasse item, or the final offer of one or the other parties in its entirety. In considering a dispute and issuing its decision, the arbitrator or panel shall consider the statutory rights and obligations of public employers to efficiently manage and conduct their operations within the legal limitations surrounding the financing of these operations. The decision is final and binding on all parties.

The arbitrator or panel shall render its decision within 30 days from the date that all arbitration proceedings have concluded. The arbitrator or panel may not request that the parties waive their right to have the decision rendered within 30 days, unless the commissioner grants an extension of the deadline. The commissioner shall remove from the roster for six months the name of any arbitrator who does not render the decision within 30 days or within the extension granted by the commissioner. The commissioner shall adopt rules establishing criteria to be followed in determining whether an extension should be granted. The decision must be for the period stated in the decision, except that decisions determining contracts for teacher units are effective to the end of the contract period determined by section 179A.20.

The arbitrator or panel shall send its decision to the commissioner, the appropriate representative of the public employer, and the employees. If any issues submitted to arbitration are settled voluntarily before the arbitrator or panel issues a decision, the arbitrator or panel shall report the settlement to the commissioner.

The parties may, at any time before or after issuance of a decision of the arbitrator or panel, agree upon terms and conditions of employment regardless of the terms and conditions of employment determined by the decision. The parties shall, if so agreeing, execute a written contract or memorandum of contract."

Page 7, line 35, delete "5" and insert "6"

Page 8, line 15, delete "6" and insert "7"

Page 8, line 16, delete "5" and insert "6"

Amend the title as follows:

Page 1, line 3, after the second semicolon, insert "modifying certain arbitration procedures;"

Page 1, line 6, delete "and" and before the period, insert "; and 179A.16, subdivision 7"

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

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

H. F. No. 1702, A bill for an act relating to health; regulating the practice of respiratory care; establishing the requirements for registration and regulation of respiratory care practitioners; providing for continuing education, fees, reporting obligations, disciplinary actions, and for an advisory council; providing criminal penalties; proposing coding for new law as Minnesota Statutes, chapter 147C; repealing Minnesota Rules, parts 4762.0010; 4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070; 4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300.

Reported the same back with the following amendments:

Page 12, line 16, delete "1" and insert "2"

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

The report was adopted.

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

H. F. No. 2042, A bill for an act relating to professions and occupations; defining pharmacy technician; amending Minnesota Statutes 1996, section 151.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 151.

Reported the same back with the following amendments:

Page 1, line 13, delete "associated with" and insert ". A pharmacy technician shall not perform tasks specifically reserved to a licensed pharmacist or requiring professional judgment."

Page 1, delete lines 14 to 15 and insert:

"Sec. 2. Minnesota Statutes 1996, section 151.06, subdivision 1, is amended to read:

Subdivision 1. [GENERALLY; RULES.] (a) [POWERS AND DUTIES.] The board of pharmacy shall have the power and it shall be its duty:

(1) to regulate the practice of pharmacy;

(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;

(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines dispensed in this state, using the United States Pharmacopeia and the National Formulary, or any revisions thereof, or standards adopted under the federal act as the standard;

(4) to enter and inspect by its authorized representative any and all places where drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices after paying or offering to pay for such sample; it shall be entitled to inspect and make copies of any and all records of shipment, purchase, manufacture, quality control, and sale of these items provided, however, that such inspection shall not extend to financial data, sales data, or pricing data;

(6) to license wholesale drug distributors;

(7) to deny, suspend, revoke, or refuse to renew any registration or license required under this chapter, to any applicant or registrant or licensee upon any of the following grounds:

(i) fraud or deception in connection with the securing of such license or registration;

(ii) in the case of a pharmacist, conviction in any court of a felony;

(iii) in the case of a pharmacist, conviction in any court of an offense involving moral turpitude;

(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; or habitual indulgence in intoxicating liquors in a manner which could cause conduct endangering public health;

(v) unprofessional conduct or conduct endangering public health;

(vi) gross immorality;

(vii) employing, assisting, or enabling in any manner an unlicensed person to practice pharmacy;

(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;

(ix) violation of any of the provisions of this chapter or any of the rules of the state board of pharmacy;

(x) in the case of a pharmacy license, operation of such pharmacy without a pharmacist present and on duty;

(xi) in the case of a pharmacist, physical or mental disability which could cause incompetency in the practice of pharmacy;

(xii) in the case of a pharmacist, the suspension or revocation of a license to practice pharmacy in another state; or

(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in violation of section 609.215 as established by any of the following:

(A) a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2;

(B) a copy of the record of a judgment of contempt of court for violating an injunction issued under section 609.215, subdivision 4;

(C) a copy of the record of a judgment assessing damages under section 609.215, subdivision 5; or

(D) a finding by the board that the person violated section 609.215, subdivision 1 or 2. The board shall investigate any complaint of a violation of section 609.215, subdivision 1 or 2;

(8) to employ necessary assistants and make rules for the conduct of its business; and

(9) to register pharmacy technicians; and

(10) to perform such other duties and exercise such other powers as the provisions of the act may require.

(c) [RULES.] For the purposes aforesaid, it shall be the duty of the board to make and publish uniform rules not inconsistent herewith for carrying out and enforcing the provisions of this chapter. The board shall adopt rules regarding prospective drug utilization review and patient counseling by pharmacists. A pharmacist in the exercise of the pharmacist's professional judgment, upon the presentation of a new prescription by a patient or the patient's caregiver or agent, shall perform the prospective drug utilization review required by rules issued under this subdivision."

Page 1, line 18, delete "nonjudgmental"

Page 1, line 20, delete "more than one technician" and insert "two technicians"

Page 1, line 22, after the period, insert "Nothing in this section prohibits the board of pharmacy from operating according to established rules setting ratios of technicians to pharmacists greater than two to one for the functions specified in rule."

Page 1, delete line 24 and insert "is subject to continuing review and becomes the"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, delete "pharmacy technician" and insert "and regulating pharmacy technicians"

Page 1, line 4, delete "section" and insert "sections" and after the semicolon, insert "and 151.06, subdivision 1;"

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:

S. F. No. 38, A bill for an act relating to health; modifying provisions relating to recordkeeping by persons regulated by the board of medical practice; amending Minnesota Statutes 1996, section 147.091, subdivision 2; repealing Minnesota Rules, part 5600.0605, subpart 10.

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

The report was adopted.

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

subdivision 2; 144.9506, subdivisions 1 and 5; 144.99, subdivisions 9 and 10; 257.73; 326.71, subdivisions 4 and 6; 326.72, subdivision 2; 326.74; 326.76; 326.78, subdivision 1; and 326.785; repealing Minnesota Statutes 1996, sections 62D.03, subdivision 2; and 62D.11, subdivision 4; Laws 1988, chapter 495, section 1; Minnesota Rules, part 4600.3900.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 62D.02, subdivision 10, is amended to read:

Subd. 10. "Consumer" means any person other than a person (a) whose occupation involves, or before retirement involved, the administration of health activities or the providing of health services; (b) who is, or ever was, employed by a health care facility, as a licensed health professional; or (c) who has, or ever had, a direct, substantial financial or managerial interest in the rendering of health service other than the payment of reasonable expense reimbursement or compensation as a member of the board of a health maintenance organization, including an enrollee, to whom a health maintenance organization directs marketing materials.

Sec. 2. Minnesota Statutes 1996, section 62D.03, subdivision 3, is amended to read:

Subd. 3. The commissioner of health may require any person providing physician and hospital services with payments made in the manner set forth in section 62D.02, subdivision 4, to apply for a certificate of authority under sections 62D.01 to 62D.30. An applicant may continue to operate until the commissioner of health acts upon the application. In the event that an application is denied, the applicant shall henceforth be treated as a health maintenance organization whose certificate of authority has been revoked. Any person directed to apply for a certificate of authority shall be subject to the provisions of this subdivision 2.

Sec. 3. Minnesota Statutes 1996, section 62D.03, subdivision 4, is amended to read:

Subd. 4. Each application for a certificate of authority shall be verified by an officer or authorized representative of the applicant, and shall be in a form prescribed by the commissioner of health. Each application shall include the following:

(a) a copy of the basic organizational document, if any, of the applicant and of each major participating entity; such as the articles of incorporation, or other applicable documents, and all amendments thereto;

(b) a copy of the bylaws, rules and regulations, or similar document, if any, and all amendments thereto which regulate the conduct of the affairs of the applicant and of each major participating entity;

(c) a list of the names, addresses, and official positions of the following:

(1) all members of the board of directors, or governing body of the local government unit, and the principal officers and shareholders of the applicant organization; and

(2) all members of the board of directors, or governing body of the local government unit, and the principal officers of the major participating entity and each shareholder beneficially owning more than ten percent of any voting stock of the major participating entity;

The commissioner may by rule identify persons included in the term "principal officers";

(d) a full disclosure of the extent and nature of any contract or financial arrangements between the following:

(1) the health maintenance organization and the persons listed in clause (c)(1);

(3) each major participating entity and the persons listed in clause (c)(1) concerning any financial relationship with the health maintenance organization; and

(4) each major participating entity and the persons listed in clause (c)(2) concerning any financial relationship with the health maintenance organization;

(e) the name and address of each participating entity and the agreed upon duration of each contract or agreement;

(f) a copy of the form of each contract binding the participating entities and the health maintenance organization. Contractual provisions shall be consistent with the purposes of sections 62D.01 to 62D.30, in regard to the services to be performed under the contract, the manner in which payment for services is determined, the nature and extent of responsibilities to be retained by the health maintenance organization, the nature and extent of risk sharing permissible, and contractual termination provisions;

(g) a copy of each contract binding major participating entities and the health maintenance organization. Contract information filed with the commissioner shall be confidential and subject to the provisions of section 13.37, subdivision 1, clause (b), upon the request of the health maintenance organization.

Upon initial filing of each contract, the health maintenance organization shall file a separate document detailing the projected annual expenses to the major participating entity in performing the contract and the projected annual revenues received by the entity from the health maintenance organization for such performance. The commissioner shall disapprove any contract with a major participating entity if the contract will result in an unreasonable expense under section 62D.19. The commissioner shall approve or disapprove a contract within 30 days of filing.

Within 120 days of the anniversary of the implementation of each contract, the health maintenance organization shall file a document detailing the actual expenses incurred and reported by the major participating entity in performing the contract in the preceding year and the actual revenues received from the health maintenance organization by the entity in payment for the performance.;

Contracts implemented prior to April 25, 1984, shall be filed within 90 days of April 25, 1984. These contracts are subject to the provisions of section 62D.19, but are not subject to the prospective review prescribed by this clause, unless or until the terms of the contract are modified. Commencing with the next anniversary of the implementation of each of these contracts immediately following filing, the health maintenance organization shall, as otherwise required by this subdivision, file annual actual expenses and revenues;

(h) a statement generally describing the health maintenance organization, its health maintenance contracts and separate health service contracts, facilities, and personnel, including a statement describing the manner in which the applicant proposes to provide enrollees with comprehensive health maintenance services and separate health services;

(i) a copy of the form of each evidence of coverage to be issued to the enrollees;

(j) a copy of the form of each individual or group health maintenance contract and each separate health service contract which is to be issued to enrollees or their representatives;

(k) financial statements showing the applicant's assets, liabilities, and sources of financial support. If the applicant's financial affairs are audited by independent certified public accountants, a copy of the applicant's most recent certified financial statement may be deemed to satisfy this requirement;

(l) a description of the proposed method of marketing the plan, a schedule of proposed charges, and a financial plan which includes a three-year projection of the expenses and income and other sources of future capital;

(m) a statement reasonably describing the geographic area or areas to be served and the type or types of enrollees to be served;

(o) a description of the procedures and programs to be implemented to meet the requirements of section 62D.04, subdivision 1, clauses (b) and (c) and to monitor the quality of health care provided to enrollees;

(p) a description of the mechanism by which enrollees will be afforded an opportunity to participate in matters of policy and operation under section 62D.06;

(q) a copy of any agreement between the health maintenance organization and an insurer or nonprofit health service corporation regarding reinsurance, stop-loss coverage, insolvency coverage, or any other type of coverage for potential costs of health services, as authorized in sections 62D.04, subdivision 1, clause (f), 62D.05, subdivision 3, and 62D.13;

(r) a copy of the conflict of interest policy which applies to all members of the board of directors and the principal officers of the health maintenance organization, as described in section 62D.04, subdivision 1, paragraph (g). All currently licensed health maintenance organizations shall also file a conflict of interest policy with the commissioner within 60 days after August 1, 1990, or at a later date if approved by the commissioner;

(s) a copy of the statement that describes the health maintenance organization's prior authorization administrative procedures;

(t) a copy of the agreement between the guaranteeing organization and the health maintenance organization, as described in section 62D.043, subdivision 6; and

(u) other information as the commissioner of health may reasonably require to be provided.

Sec. 4. Minnesota Statutes 1996, section 62D.04, subdivision 3, is amended to read:

Subd. 3. Except as provided in section 62D.03, subdivision 2, no person who has not been issued a certificate of authority shall use the words "health maintenance organization" or the initials "HMO" in its name, contracts or literature. Provided, however, that persons who are operating under a contract with, operating in association with, enrolling enrollees for, or otherwise authorized by a health maintenance organization licensed under sections 62D.01 to 62D.30 to act on its behalf may use the terms "health maintenance organization" or "HMO" for the limited purpose of denoting or explaining their association or relationship with the authorized health maintenance organization. No health maintenance organization which has a minority of consumers enrollees and members elected according to section 62D.06, subdivision 1, as members of its board of directors shall use the words "consumer controlled" in its name or in any way represent to the public that it is controlled by consumers.

Sec. 5. Minnesota Statutes 1996, section 62D.042, subdivision 3, is amended to read:

Subd. 3. [PHASE-IN FOR EXISTING ORGANIZATIONS.] (a) Organizations that obtained a certificate of authority on or before April 25, 1988, have until December 31, 1993, to establish a net worth of at least 8-1/3 percent of the sum of all expenses incurred during the previous calendar year, or $1,000,000, whichever is greater.

(b) By December 31, 1989, organizations shall have a net worth of at least one-fifth of 8-1/3 percent of the sum of all expenses incurred during the previous calendar year, or $1,000,000, whichever is greater.

(c) By December 31, 1990, organizations shall have a net worth of at least two-fifths of 8-1/3 percent of the sum of all expenses incurred during the previous calendar year, or $1,000,000, whichever is greater.

(d) By December 31, 1991, organizations shall have a net worth of at least three-fifths of 8-1/3 percent of the sum of all expenses incurred during the previous calendar year, or $1,000,000, whichever is greater.

(e) By December 31, 1992, organizations Each organization shall have a net worth of at least four-fifths of 8-1/3 percent of the sum of all expenses incurred during the previous calendar year, or $1,000,000, whichever is greater.

Sec. 6. Minnesota Statutes 1996, section 62D.06, subdivision 1, is amended to read:

body shall be composed of consumers enrollees and members elected by the enrollees and members from among the enrollees and members. For purposes of this section, "member" means a consumer who receives health care services through a self-insured contract that is administered by the health maintenance organization or its related third-party administrator. The number of members elected to the governing body shall not exceed the number of enrollees elected to the governing body. An enrollee or member elected to the governing board may not be a person (1) whose occupation involves, or before retirement involved, the administration of health activities or the provision of health services; (2) who is or was employed by a health care facility as a licensed health professional; or (3) who has or had a direct substantial financial or managerial interest in the rendering of a health service, other than the payment of a reasonable expense reimbursement or compensation as a member of the board of a health maintenance organization.

After a health maintenance organization which is a local governmental unit has been authorized under sections 62D.01 to 62D.30 for one year, an enrollee advisory body shall be established. The enrollees who make up this advisory body shall be elected by the enrollees from among the enrollees.

Sec. 7. Minnesota Statutes 1996, section 62D.07, subdivision 3, is amended to read:

Subd. 3. Contracts and evidences of coverage shall contain:

(a) No provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, or which are untrue, misleading, or deceptive as defined in section 62D.12, subdivision 1; and

(b) A clear, concise and complete statement of:

(1) the health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health maintenance contract;

(2) any exclusions or limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature and requirements for referrals, prior authorizations, and second opinions;

(3) where and in what manner information is available as to how services, including emergency and out of area services, may be obtained;

(4) the total amount of payment and copayment, if any, for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay with respect to individual contracts, or an indication whether the plan is contributory or noncontributory with respect to group certificates; and

(5) a description of the health maintenance organization's method for resolving enrollee complaints and a statement identifying the commissioner as an external source with whom grievances complaints may be registered.; and

(c) On the cover page of the evidence of coverage and contract, a clear and complete statement of enrollees' rights as consumers. The statement must be in bold print and captioned "Important Consumer Enrollee Information and Enrollee Bill of Rights" and must include but not be limited to the following provisions in the following language or in substantially similar language approved in advance by the commissioner, except that paragraph (8) does not apply to prepaid health plans providing coverage for programs administered by the commissioner of human services:

(1) COVERED SERVICES: Services provided by (name of health maintenance organization) will be covered only if services are provided by participating (name of health maintenance organization) providers or authorized by (name of health maintenance organization). Your contract fully defines what services are covered and describes procedures you must follow to obtain coverage.

(3) REFERRALS: Certain services are covered only upon referral. See section (section number) of your contract for referral requirements. All referrals to non-(name of health maintenance organization) providers and certain types of health care providers must be authorized by (name of health maintenance organization).

(4) EMERGENCY SERVICES: Emergency services from providers who are not affiliated with (name of health maintenance organization) will be covered only if proper procedures are followed. Your contract explains the procedures and benefits associated with emergency care from (name of health maintenance organization) and non-(name of health maintenance organization) providers.

(5) EXCLUSIONS: Certain services or medical supplies are not covered. You should read the contract for a detailed explanation of all exclusions.

(6) CONTINUATION: You may convert to an individual health maintenance organization contract or continue coverage under certain circumstances. These continuation and conversion rights are explained fully in your contract.

(7) CANCELLATION: Your coverage may be canceled by you or (name of health maintenance organization) only under certain conditions. Your contract describes all reasons for cancellation of coverage.

(8) NEWBORN COVERAGE: If your health plan provides for dependent coverage, a newborn infant is covered from birth, but only if services are provided by participating (name of health maintenance organization) providers or authorized by (name of health maintenance organization). Certain services are covered only upon referral. (Name of health maintenance organization) will not automatically know of the infant's birth or that you would like coverage under your plan. You should notify (name of health maintenance organization) of the infant's birth and that you would like coverage. If your contract requires an additional premium for each dependent, (name of health maintenance organization) is entitled to all premiums due from the time of the infant's birth until the time you notify (name of health maintenance organization) of the birth. (Name of health maintenance organization) may withhold payment of any health benefits for the newborn infant until any premiums you owe are paid.

(9) PRESCRIPTION DRUGS AND MEDICAL EQUIPMENT: Enrolling in (name of health maintenance organization) does not guarantee that any particular prescription drug will be available nor that any particular piece of medical equipment will be available, even if the drug or equipment is available at the start of the contract year.

(1) Enrollees have the right to available and accessible services including emergency services, as defined in your contract, 24 hours a day and seven days a week;

(2) Enrollees have the right to be informed of health problems, and to receive information regarding treatment alternatives and risks which is sufficient to assure informed choice;

(3) Enrollees have the right to refuse treatment, and the right to privacy of medical and financial records maintained by the health maintenance organization and its health care providers, in accordance with existing law;

(4) Enrollees have the right to file a grievance complaint with the health maintenance organization and the commissioner of health and the right to initiate a legal proceeding when experiencing a problem with the health maintenance organization or its health care providers;

(5) Enrollees have the right to a grace period of 31 days for the payment of each premium for an individual health maintenance contract falling due after the first premium during which period the contract shall continue in force;

(6) Medicare enrollees have the right to voluntarily disenroll from the health maintenance organization and the right not to be requested or encouraged to disenroll except in circumstances specified in federal law; and

Sec. 8. Minnesota Statutes 1996, section 62D.09, subdivision 1, is amended to read:

Subdivision 1. (a) Any written marketing materials which may be directed toward potential enrollees and which include a detailed description of benefits provided by the health maintenance organization shall include a statement of consumer enrollee information and rights as described in section 62D.07, subdivision 3, paragraphs (b) and (c). Prior to any oral marketing presentation, the agent marketing the plan must inform the potential enrollees that any complaints concerning the material presented should be directed to the health maintenance organization, the commissioner of health, or, if applicable, the employer.

(b) Detailed marketing materials must affirmatively disclose all exclusions and limitations in the organization's services or kinds of services offered to the contracting party, including but not limited to the following types of exclusions and limitations:

(1) health care services not provided;

(2) health care services requiring copayments or deductibles paid by enrollees;

(3) the fact that access to health care services does not guarantee access to a particular provider type; and

(4) health care services that are or may be provided only by referral of a physician.

(c) No marketing materials may lead consumers to believe that all health care needs will be covered. All marketing materials must alert consumers to possible uncovered expenses with the following language in bold print: "THIS HEALTH CARE PLAN MAY NOT COVER ALL YOUR HEALTH CARE EXPENSES; READ YOUR CONTRACT CAREFULLY TO DETERMINE WHICH EXPENSES ARE COVERED." Immediately following the disclosure required under paragraph (b), clause (3), consumers must be given a telephone number to use to contact the health maintenance organization for specific information about access to provider types.

(d) The disclosures required in paragraphs (b) and (c) are not required on billboards or image, and name identification advertisement.

Sec. 9. Minnesota Statutes 1996, section 62D.09, subdivision 3, is amended to read:

Subd. 3. Every health maintenance organization or its representative shall annually, before June 1, provide to its enrollees the following: (1) a summary of its most recent annual financial statement including a balance sheet and statement of receipts and disbursements; (2) a description of the health maintenance organization, its health care plan or plans, its facilities and personnel, any material changes therein since the last report; (3) the current evidence of coverage or contract; and (4) a statement of consumer enrollee information and rights as described in section 62D.07, subdivision 3, paragraph (c).

Sec. 10. Minnesota Statutes 1996, section 62D.09, subdivision 8, is amended to read:

Subd. 8. Each health maintenance organization shall issue a membership card to its enrollees. The membership card must:

(1) identify the health maintenance organization;

(2) include the name, address, and telephone number to call if the enroller enrollee has a complaint;

(3) include the telephone number to call or the instruction on how to receive authorization for emergency care; and

(4) include one of the following:

(i) the telephone number to call to appeal to or file a complaint with the commissioner of health.; or

Sec. 11. Minnesota Statutes 1996, section 62D.102, is amended to read:

62D.102 [FAMILY THERAPY.]

(a) In addition to minimum requirements established in other sections, all group health maintenance contracts providing benefits for mental or nervous disorder treatments in a hospital shall also provide coverage for at least ten hours of treatment over a 12-month period with a copayment not to exceed the greater of $10 or 20 percent of the applicable usual and customary charge for mental or nervous disorder consultation, diagnosis and treatment services delivered while the enrollee is not a bed patient in a hospital and at least 75 percent of the cost of the usual and customary charges for any additional hours of ambulatory mental health treatment during the same 12-month benefit period for serious or persistent mental or nervous disorders. Prior authorization may be required for an extension of coverage beyond ten hours of treatment. This prior authorization must be based upon the severity of the disorder, the patient's risk of deterioration without ongoing treatment and maintenance, degree of functional impairment, and a concise treatment plan. Authorization for extended treatment may be limited to a maximum of 30 visit hours during any 12-month benefit period.

(b) For purposes of this section, Covered treatment for a minor includes treatment for the family if family therapy is recommended by a health maintenance organization provider. For purposes of determining benefits under this section, "hours of treatment" means treatment rendered on an individual or single-family basis. If treatment is rendered on a group basis, the hours of covered group treatment must be provided at a ratio of no less than two group treatment sessions to one individual treatment hour. For a health maintenance contract that is offered as a companion to a health insurance subscriber contract, the benefits for mental or nervous disorders must be calculated in aggregate for the health maintenance contract and the health insurance subscriber contract.

Sec. 12. Minnesota Statutes 1996, section 62D.11, subdivision 1, is amended to read:

Subdivision 1. [ENROLLEE COMPLAINT SYSTEM.] Every health maintenance organization shall establish and maintain a complaint system, as required under section 62Q.105 to provide reasonable procedures for the resolution of written complaints initiated by or on behalf of enrollees concerning the provision of health care services. "Provision of health services" includes, but is not limited to, questions of the scope of coverage, quality of care, and administrative operations. The health maintenance organization must inform enrollees that they may choose to use an alternative dispute resolution process to appeal a health maintenance organization's internal appeal decision. If an enrollee chooses to use an alternative dispute resolution process, the health maintenance organization must participate.

Sec. 13. Minnesota Statutes 1996, section 62D.11, subdivision 1b, is amended to read:

Subd. 1b. [EXPEDITED RESOLUTION OF COMPLAINTS ABOUT URGENTLY NEEDED SERVICE MEDICALLY URGENT SERVICES.] In addition to any remedy contained in subdivision 1a, when a complaint involves a dispute about a health maintenance organization's coverage of an immediately and urgently needed a medically urgent service, the commissioner may also order the health maintenance organization to use an expedited system to process the complaint.

Sec. 14. Minnesota Statutes 1996, section 62D.11, subdivision 3, is amended to read:

Subd. 3. [DENIAL OF SERVICE COVERAGE.] Within a reasonable time after receiving an enrollee's written or oral communication to the health maintenance organization concerning a refusal denial of service coverage or inadequacy of services, the health maintenance organization shall provide the enrollee with a written statement of the reason for the refusal denial of service coverage, and a statement approved by the commissioner of health which explains the health maintenance organization complaint procedures, and in the case of Medicare enrollees, which also explains Medicare appeal procedures.

Sec. 15. Minnesota Statutes 1996, section 62D.12, is amended by adding a subdivision to read:

Sec. 16. Minnesota Statutes 1996, section 62D.20, subdivision 2, is amended to read:

Subd. 2. [PRIOR AUTHORIZATION.] The commissioner shall adopt rules that address the issue of appropriate prior authorization requirements, considering consumer enrollee needs, administrative concerns, and the nature of the benefit.

Sec. 17. Minnesota Statutes 1996, section 62J.15, is amended by adding a subdivision to read:

Subd. 3. [SUNSET OF ADVISORY COMMITTEE.] The advisory committee shall expire July 1, 2000.

Sec. 18. Minnesota Statutes 1996, section 62J.60, subdivision 3, is amended to read:

Subd. 3. [HUMAN READABLE DATA ELEMENTS.] (a) The following are the minimum human readable data elements that must be present on the front side of the Minnesota health care identification card:

(1) card issuer name or logo, which is the name or logo that identifies the card issuer. The card issuer name or logo may be the card's front background. No standard label is required for this data element;

(2) claim submission number. The standardized label for this element is "Clm Subm #";

(3) identification number, which is the unique identification number of the individual card holder established and defined under this section. The standardized label for the data element is "ID";

(4) identification name, which is the name of the individual card holder. The identification name must be formatted as follows: first name, space, optional middle initial, space, last name, optional space and name suffix. The standardized label for this data element is "Name";

(5) account number(s), which is any other number, such as a group number, if required for part of the identification or claims process. The standardized label for this data element is "Account";

(6) care type, which is the description of the group purchaser's plan product under which the beneficiary is covered. The description shall include the health plan company name and the plan or product name. The standardized label for this data element is "Care Type";

(7) service type, which is the description of coverage provided such as hospital, dental, vision, prescription, or mental health. The standard label for this data element is "Svc Type"; and

(8) provider/clinic name, which is the name of the primary care clinic the card holder is assigned to by the health plan company. The standard label for this field is "PCP." This information is mandatory only if the health plan company assigns a specific primary care provider to the card holder.

(b) The following human readable data elements shall be present on the back side of the Minnesota health identification card. These elements must be left justified, and no optional data elements may be interspersed between them:

(1) claims submission name(s) and address(es), which are the name(s) and address(es) of the entity or entities to which claims should be submitted. If different destinations are required for different types of claims, this must be labeled; and

(2) telephone number(s) and name(s); which are the telephone number(s) and name(s) of the following contact(s) with a standardized label describing the service function as applicable:

(i) eligibility and benefit information;

(ii) utilization review;

(iii) precertification; or

(c) The following human readable data elements are mandatory on the back side of the card for health maintenance organizations and integrated service networks:

(1) emergency care authorization telephone number or instruction on how to receive authorization for emergency care. There is no standard label required for this information; and

(2) one of the following:

(i) telephone number to call to appeal to or file a complaint with the commissioner of health; or

(ii) for persons enrolled under section 256.9363, 256B.69, or 256D.03, the telephone number to call to file a complaint with the ombudsperson designated by the commissioner of human services under section 256B.69 and the address to appeal to the commissioner of human services. There is no standard label required for this information.

(d) All human readable data elements not required under paragraphs (a) to (c) are optional and may be used at the issuer's discretion.

Sec. 19. Minnesota Statutes 1996, section 62J.69, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following definitions apply:

(a) "Medical education" means the accredited clinical training of physicians (medical students and residents), doctor of pharmacy practitioners, dentists, advanced practice nurses (clinical nurse specialist, certified registered nurse anesthetists, nurse practitioners, and certified nurse midwives), and physician assistants.

(b) "Clinical training" means accredited training that is funded and was historically funded in part by inpatient care revenues and that occurs in both inpatient and ambulatory care settings.

(c) "Trainee" means students involved in an accredited clinical training program for medical education as defined in paragraph (a).

(d) "Health care research" means approved clinical, outcomes, and health services investigations that are funded by patient out-of-pocket expenses or a third-party payer.

(e) "Commissioner" means the commissioner of health.

(f) "Teaching institutions" means any hospital, medical center, clinic, or other organization that currently sponsors or conducts accredited medical education programs or clinical research in Minnesota.

Sec. 20. Minnesota Statutes 1996, section 62Q.03, subdivision 5a, is amended to read:

Subd. 5a. [PUBLIC PROGRAMS.] (a) A separate risk adjustment system must be developed for state-run public programs, including medical assistance, general assistance medical care, and MinnesotaCare. The system must be developed in accordance with the general risk adjustment methodologies described in this section, must include factors in addition to age and sex adjustment, and may include additional demographic factors, different targeted conditions, and/or different payment amounts for conditions. The risk adjustment system for public programs must attempt to reflect the special needs related to poverty, cultural, or language barriers and other needs of the public program population.

(c) The public programs risk adjustment work group must be representative of the persons served by publicly paid health programs and providers and health plans that meet their needs. To the greatest extent possible, the appointing authorities shall attempt to select representatives that have historically served a significant number of persons in publicly paid health programs or the uninsured. Membership of the work group shall be as follows:

(1) one provider member appointed by the Minnesota Medical Association;

(2) two provider members appointed by the Minnesota Hospital Association, at least one of whom must represent a major disproportionate share hospital;

(3) five members appointed by the Minnesota Council of HMOs, one of whom must represent an HMO with fewer than 50,000 enrollees located outside the metropolitan area and one of whom must represent an HMO with at least 50 percent of total membership enrolled through a public program;

(4) two representatives of counties appointed by the Association of Minnesota Counties;

(5) three representatives of organizations representing the interests of families, children, childless adults, and elderly persons served by the various publicly paid health programs appointed by the governor;

(6) two representatives of persons with mental health, developmental or physical disabilities, chemical dependency, or chronic illness appointed by the governor; and

(7) three public members appointed by the governor, at least one of whom must represent a community health board. The risk adjustment association may appoint a representative, if a representative is not otherwise appointed by an appointing authority.

(d) The commissioners of health and human services, with the advice of the public programs risk adjustment work group, shall develop a work plan and time frame and shall coordinate their efforts with the private sector risk adjustment association's activities and other state initiatives related to public program managed care reimbursement. The commissioners of health and human services shall report to the health care commission and to the appropriate legislative committees on January 15, 1996, and on January 15, 1997, on any policy or legislative changes necessary to implement the public program risk adjustment system.

Sec. 21. Minnesota Statutes 1996, section 144.125, is amended to read:

144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.]

It is the duty of (1) the administrative officer or other person in charge of each institution caring for infants 28 days or less of age and, (2) the person required in pursuance of the provisions of section 144.215, to register the birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to cause arrange to have administered to every infant or child in its care tests for hemoglobinopathy, phenylketonuria, and other inborn errors of metabolism in accordance with rules prescribed by the state commissioner of health. In determining which tests must be administered, the commissioner shall take into consideration the adequacy of laboratory methods to detect the inborn metabolic error, the ability to treat or prevent medical conditions caused by the inborn metabolic error, and the severity of the medical conditions caused by the inborn metabolic error. Testing and the recording and reporting of the test results of the tests shall be performed at the times and in the manner prescribed by the commissioner of health. The commissioner shall charge laboratory service fees for conducting the tests of infants for inborn metabolic errors so that the total of fees collected will approximate the costs of conducting the tests. Costs associated with capital expenditures and the development of new procedures may be prorated over a three-year period when calculating the amount of the fees.

Sec. 22. Minnesota Statutes 1996, section 144.215, subdivision 1, is amended to read:

Sec. 23. Minnesota Statutes 1996, section 144.218, is amended to read:

144.218 [NEW REPLACEMENT CERTIFICATES OF BIRTH.]

Subdivision 1. [ADOPTION.] Upon receipt of a certified copy of an order, decree, or certificate of adoption, the state registrar shall register a supplementary replacement certificate in the new name of the adopted person. The original certificate of birth and the certified copy are confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order or section 144.1761. A certified copy of the original birth certificate from which the registration number has been deleted and which has been marked "Not for Official Use," or the information contained on the original birth certificate, except for the registration number, shall be provided on request to a parent who is named on the original birth certificate. Upon the receipt of a certified copy of a court order of annulment of adoption the state registrar shall restore the original certificate to its original place in the file.

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, 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 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.

Subd. 3. [SUBSEQUENT MARRIAGE OF BIRTH PARENTS.] If, in cases in which a certificate of birth has been registered pursuant to section 144.215 and the birth parents of the child marry after the birth of the child, a new replacement certificate of birth shall be registered upon presentation of a certified copy of the marriage certificate of the birth parents, and either an acknowledgment a recognition of parentage or court adjudication of paternity. The information presented and the original certificate of birth are confidential, pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.

Subd. 4. [INCOMPLETE, INCORRECT, AND MODIFIED CERTIFICATES.] If a court finds that a birth certificate is incomplete, inaccurate or false, or if it is being issued pursuant to section 259.10, subdivision 2, it may order the registration of a new replacement certificate, and, if necessary, set forth the correct information in the order. Upon receipt of the order the state registrar shall register a new replacement certificate containing the findings of the court, and the prior certificate shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.

Sec. 24. Minnesota Statutes 1996, section 144.664, subdivision 3, is amended to read:

Subd. 3. [NOTIFICATION.] Within five days of receiving a report of traumatic brain injury or spinal cord injury, the commissioner shall notify the commissioner of economic security. The notification shall include the person's name and other identifying information injured person or the injured person's family of resources and services available in Minnesota, pursuant to section 144.662, clause (2).

Sec. 25. Minnesota Statutes 1996, section 144.665, is amended to read:

144.665 [TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY DATA.]

Sec. 26. Minnesota Statutes 1996, section 144.672, subdivision 1, is amended to read:

Subdivision 1. [RULE AUTHORITY.] The commissioner of health shall collect cancer incidence information, analyze the information, and conduct special studies designed to determine the potential public health significance of an increase in cancer incidence.

The commissioner shall adopt rules to administer the system, collect information, and distribute data. The rules must include, but not be limited to, the following:

(1) the type of data to be reported;

(2) standards for reporting specific types of data;

(3) payments allowed to hospitals, pathologists, and registry systems to defray their costs in providing information to the system;

(4) criteria relating to contracts made with outside entities to conduct studies using data collected by the system. The criteria may include requirements for a written protocol outlining the purpose and public benefit of the study, the description, methods, and projected results of the study, peer review by other scientists, the methods and facilities to protect the privacy of the data, and the qualifications of the researcher proposing to undertake the study;

(5) specification of fees to be charged under section 13.03, subdivision 3, for all out-of-pocket expenses for data summaries or specific analyses of data requested by public and private agencies, organizations, and individuals, and which are not otherwise included in the commissioner's annual summary reports. Fees collected are appropriated to the commissioner to offset the cost of providing the data; and

(6) establishment of a committee to assist the commissioner in the review of system activities. The committee expires as provided in section 15.059, subdivision 5. The committee is governed by section 15.059, except it expires June 30, 1999.

Sec. 27. Minnesota Statutes 1996, section 144.9501, is amended by adding a subdivision to read:

Subd. 6a. [CHILD.] "Child" means an individual up to 72 months of age.

Sec. 28. Minnesota Statutes 1996, section 144.9501, subdivision 29, is amended to read:

Subd. 29. [SWAB TEAM SERVICES.] "Swab team services" means activities that provide protection from lead hazards such as:

(1) removing lead dust by washing, vacuuming with high efficiency particle accumulator (HEPA) or wet vacuum cleaners, and cleaning the interior of residential property;

(2) removing loose paint and paint chips and reporting repainting or installing guards to protect intact paint;

(3) covering or replacing bare soil that has a lead concentration of 100 parts per million or more;

(4) health education;

(5) advice and assistance to help residents locate and move to a temporary residence while lead hazard reduction is being completed; or

(6) any other assistance necessary to meet the resident's immediate needs as a result of the relocation.

Sec. 29. Minnesota Statutes 1996, section 144.9504, subdivision 2, is amended to read:

Subd. 2. [LEAD INSPECTION.] (a) An inspecting agency shall conduct a lead inspection of a residence according to the venous blood lead level and time frame set forth in clauses (1) to (4) (5) for purposes of secondary prevention:

(2) within five working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 45 micrograms of lead per deciliter of whole blood;

(3) within ten working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 20 micrograms of lead per deciliter of whole blood; or

(4) within ten working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level that persists in the range of 15 to 19 micrograms of lead per deciliter of whole blood for 90 days after initial identification; or

(5) within ten working days of a pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than ten micrograms of lead per deciliter of whole blood.

(b) Within the limits of available state and federal appropriations, an inspecting agency may also conduct a lead inspection for children with any elevated blood lead level.

(c) In a building with two or more dwelling units, an inspecting agency shall inspect the individual unit in which the conditions of this section are met and shall also inspect all common areas. If a child visits one or more other sites such as another residence, or a residential or commercial child care facility, playground, or school, the inspecting agency shall also inspect the other sites. The inspecting agency shall have one additional day added to the time frame set forth in this subdivision to complete the lead inspection for each additional site.

(d) Within the limits of appropriations, the inspecting agency shall identify the known addresses for the previous 12 months of the child or pregnant female with elevated blood lead levels; notify the property owners, landlords, and tenants at those addresses that an elevated blood lead level was found in a person who resided at the property; and give them a copy of the lead inspection guide. This information shall be classified as private data on individuals as defined under section 13.02, subdivision 12.

(e) The inspecting agency shall conduct the lead inspection according to rules adopted by the commissioner under section 144.9508. An inspecting agency shall have lead inspections performed by lead inspectors licensed by the commissioner according to rules adopted under section 144.9508. If a property owner refuses to allow an inspection, the inspecting agency shall begin legal proceedings to gain entry to the property and the time frame for conducting a lead inspection set forth in this subdivision no longer applies. An inspector or inspecting agency may observe the performance of lead hazard reduction in progress and shall enforce the provisions of this section under section 144.9509. Deteriorated painted surfaces, bare soil, dust, and drinking water must be tested with appropriate analytical equipment to determine the lead content, except that deteriorated painted surfaces or bare soil need not be tested if the property owner agrees to engage in lead hazard reduction on those surfaces.

(f) A lead inspector shall notify the commissioner and the board of health of all violations of lead standards under section 144.9508, that are identified in a lead inspection conducted under this section.

(g) Each inspecting agency shall establish an administrative appeal procedure which allows a property owner to contest the nature and conditions of any lead order issued by the inspecting agency. Inspecting agencies must consider appeals that propose lower cost methods that make the residence lead safe.

(h) Sections 144.9501 to 144.9509 neither authorize nor prohibit an inspecting agency from charging a property owner for the cost of a lead inspection.

Sec. 30. Minnesota Statutes 1996, section 144.9506, subdivision 1, is amended to read:

(b) Individuals shall not advertise or otherwise present themselves as lead inspectors unless licensed by the commissioner.

(c) An individual may use sodium rhodizonate to test paint for the presence of lead without obtaining a lead inspector license, but must not represent the test as a lead inspection.

Sec. 31. Minnesota Statutes 1996, section 144.9506, subdivision 5, is amended to read:

Subd. 5. [APPROVAL OF LEAD INSPECTION COURSE.] Until the commissioner adopts rules under section 144.9508 to license lead inspectors and approve lead inspector training courses, a lead inspection course sponsored by a training course provider in one of the regional lead training consortia established by the United States Environmental Protection Agency is an approved course for the purpose of this section, providing it covers the criteria listed in section 144.9505. The commissioner shall evaluate for approval by permit lead inspector courses other than those approved by the United States Environmental Protection Agency. After adoption of rules under section 144.9508, all training courses offered for the purpose of licensing individuals as lead inspectors must be reviewed and approved by the commissioner.

Sec. 32. Minnesota Statutes 1996, section 144.99, subdivision 9, is amended to read:

Subd. 9. [SUSPENSION OR REVOCATION OF PERMITS, LICENSES, REGISTRATIONS, OR CERTIFICATES.] The commissioner may suspend, place conditions on, or revoke a permit, license, registration, or certificate issued under the statutes or rules cited in subdivision 1 for:

(1) serious or repeated violations of the requirements in the statutes, rules, or other actions listed in subdivision 1 that apply to the permit, license, registration, or certificate, or if the applicant submitted;

(2) submitting false material information to the department in connection with activities for which the permit, license, registration, or certificate. is issued;

(3) allowing the alteration or use of one's own permit, license, registration, or certificate by another; or

(4) within the previous five years, conviction of a crime in connection with activities for which the permit, license, registration, or certificate was issued.

Sec. 33. Minnesota Statutes 1996, section 144.99, subdivision 10, is amended to read:

Subd. 10. [HEARINGS RELATED TO DENIAL, REFUSAL TO RENEW, SUSPENSION, OR REVOCATION OF A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE.] If the commissioner proposes to deny, refuses to renew, suspends, or revokes a permit, license, registration, or certificate under subdivision 8 or 9, the commissioner must first notify, in writing, the person against whom the action is proposed to be taken and provide the person an opportunity to request a hearing under the contested case provisions of chapter 14. If the person does not request a hearing by notifying the commissioner within 20 days after receipt of the notice of proposed action, the commissioner may proceed with the action without a hearing. This subdivision does not apply to:

(1) the denial of or refusal to renew a permit, license, registration, or certificate based on the applicant's failure to meet or maintain the minimum qualifications for holding the permit, license, registration, or certificate; or

(2) the denial of, refusal to renew, suspension of, or revocation of a permit, license, registration, or certificate if the person against whom the action is proposed to be taken has been granted a hearing under this subdivision within the previous 12 months.

Sec. 34. Minnesota Statutes 1996, section 257.73, is amended to read:

257.73 [BIRTH RECORDS.]

Subd. 2. The fact that the father and child relationship was declared after the child's birth shall not be ascertainable from the new replacement certificate but the actual place and date of birth shall be shown.

Subd. 3. The evidence upon which the new replacement certificate was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.

Sec. 35. Minnesota Statutes 1996, section 326.71, subdivision 4, is amended to read:

Subd. 4. [ASBESTOS-RELATED WORK.] "Asbestos-related work" means the enclosure, removal, or encapsulation of asbestos-containing material in a quantity that meets or exceeds 260 lineal feet of friable asbestos-containing material on pipes, 160 square feet of friable asbestos-containing material on other facility components, or, if linear feet or square feet cannot be measured, a total of 35 cubic feet of friable asbestos-containing material on or off all facility components in one facility. In the case of single or multifamily residences, "asbestos-related work" also means the enclosure, removal, or encapsulation of greater than ten but less than 260 lineal linear feet of friable asbestos-containing material on pipes or ducts or, greater than six but less than 160 square feet of friable asbestos-containing material on other facility components, or, if linear feet or square feet cannot be measured, greater than one cubic foot but less than 35 cubic feet of friable asbestos-containing material on or off all facility components in one facility. This provision excludes asbestos-containing floor tiles and sheeting, roofing materials, siding, and all ceilings with asbestos-containing material in single family residences and buildings with no more than four dwelling units. Asbestos-related work includes asbestos abatement area preparation; enclosure, removal, or encapsulation operations; and an air quality monitoring specified in rule to assure that the abatement and adjacent areas are not contaminated with asbestos fibers during the project and after completion.

For purposes of this subdivision, the quantity of asbestos containing material applies separately for every project.

Sec. 36. Minnesota Statutes 1996, section 326.71, subdivision 6, is amended to read:

Subd. 6. [CONTRACTING ENTITY.] "Contracting entity" means a public or private body, board, natural person, corporation, partnership, proprietorship, joint venture, fund, authority, or similar entity that contracts with a person to do asbestos-related work or asbestos management activity for the benefit of the contracting entity.

Sec. 37. Minnesota Statutes 1996, section 326.72, subdivision 2, is amended to read:

Subd. 2. [DISPLAY OF LICENSE.] Licensees shall post a project permit, obtained from the commissioner after compliance with the provisions of section 326.74 and rules promulgated under section 326.78, in a conspicuous place outside of the asbestos abatement work area. The actual license or a copy shall be readily available at the work site for inspection by the commissioner, other public officials charged with the health, safety, and welfare of the state's citizens, and the contracting entity.

Sec. 38. Minnesota Statutes 1996, section 326.74, is amended to read:

326.74 [REPORTING ASBESTOS WORK.]

At least five calendar days before beginning any asbestos-related work, Written notice shall be given to the commissioner of the an asbestos-related work project by the person holding the license issued under section 326.72, subdivision 1. Unless the project is an emergency project as defined in rule by the commissioner, the notice shall be given to the commissioner at least five calendar days before the project begins. The notice shall contain the following information:

(1) a brief description of the work to be performed;

(2) the name of the contracting entity;

(3) the location and address of the project work site;

(5) the approximate amount of the asbestos involved in the project;

(6) the name of any project manager; and

(7) other information required by the commissioner.

Sec. 39. Minnesota Statutes 1996, section 326.76, is amended to read:

326.76 [DUTIES OF CONTRACTING ENTITIES.]

A contracting entity intending to have asbestos-related work or asbestos management activity performed for its benefit shall include in the specifications and contracts for the work a requirement that the work be performed by contractors and subcontractors licensed or certified by the commissioner under sections 326.70 to 326.81 and in accordance with rules prescribed by the commissioner related to asbestos abatement asbestos-related work and asbestos management activity. No contracting entity shall allow asbestos-related work or asbestos management activity to be performed for its benefit unless it has seen that the person has a valid license or certificate. A contracting entity's failure to comply with this section does not relieve a person from any responsibilities under sections 326.70 to 326.81.

Sec. 40. Minnesota Statutes 1996, section 326.78, subdivision 1, is amended to read:

Subdivision 1. [RULEMAKING.] The commissioner shall adopt and begin enforcement of rules necessary to implement sections 326.70 to 326.81. The rules adopted shall not be duplicative of rules adopted by the commissioner of the department of labor and industry. The rules shall include rules in the following areas:

(1) application, enclosure, removal, and encapsulation procedures;

(2) license and certificate qualification requirements;

(3) examinations for obtaining a license and certificate;

(4) training necessary for individual certification;

(5) qualifications for managers of asbestos abatement asbestos-related work projects;

(6) abatement asbestos-related work and asbestos management activity specifications;

(7) any contractor bonding and insurance requirements deemed necessary by the commissioner;

(8) license and certificate issuance and revocation procedures;

(9) suspension or revocation of licenses or certificates;

(10) license and certificate suspension and revocation criteria;

(11) cleanup standards;

(12) continuing education requirements; and

(13) other rules necessary to implement sections 326.70 to 326.81.

Sec. 41. Minnesota Statutes 1996, section 326.785, is amended to read:

326.785 [ASBESTOS CONTAINMENT BARRIERS.]

Sec. 42. [CONFORMANCE WITH FEDERAL REGULATIONS.]

The commissioner of health shall amend Minnesota Rules, chapter 4761, as needed to conform with federal regulations, and shall perform any procedural steps necessary to obtain authorization to administer the regulations in Code of Federal Regulations, title 40, part 745 (1996), adopted by the United States Environmental Protection Agency to implement the requirements of title X of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law Number 102-550, 106 Statutes at Large 3897.

Sec. 43. [REPEALER.]

(a) Minnesota Statutes 1996, sections 62D.03, subdivision 2; and 62D.11, subdivision 4, are repealed.

(b) Minnesota Rules, part 4600.3900, is repealed.

(c) Laws 1988, chapter 495, section 1, is repealed.

Sec. 44. [EFFECTIVE DATE.]

Sections 17 and 21 are effective the day following final enactment. Section 26 is effective retroactively to June 30, 1993."

Delete the title and insert:

"A bill for an act relating to health; modifying provisions related to health maintenance organizations; modifying lead inspection provisions; providing for the expiration of certain advisory and work groups; modifying vital statistics provisions; modifying asbestos abatement provisions; modifying provisions relating to traumatic brain injury and spinal cord injury notification and data; modifying licensing requirements for elderly housing with services; modifying provisions for hearings related to permitting, licensing, registration, and certification; modifying revocation and suspension provisions for permits, licenses, registration, and certifications; modifying provisions for testing infants for inborn metabolic errors; modifying medical education and research costs trust fund provisions; requiring conformance with federal regulations; amending Minnesota Statutes 1996, sections 62D.02, subdivision 10; 62D.03, subdivisions 3 and 4; 62D.04, subdivision 3; 62D.042, subdivision 3; 62D.06, subdivision 1; 62D.07, subdivision 3; 62D.09, subdivisions 1, 3, and 8; 62D.102; 62D.11, subdivisions 1, 1b, and 3; 62D.12, by adding a subdivision; 62D.20, subdivision 2; 62J.15, by adding a subdivision; 62J.60, subdivision 3; 62J.69, subdivision 1; 62Q.03, subdivision 5a; 144.125; 144.215, subdivision 1; 144.218; 144.664, subdivision 3; 144.665; 144.672, subdivision 1; 144.9501, subdivision 29, and by adding a subdivision; 144.9504, subdivision 2; 144.9506, subdivisions 1 and 5; 144.99, subdivisions 9 and 10; 257.73; 326.71, subdivisions 4 and 6; 326.72, subdivision 2; 326.74; 326.76; 326.78, subdivision 1; and 326.785; repealing Minnesota Statutes 1996, sections 62D.03, subdivision 2; and 62D.11, subdivision 4; Laws 1988, chapter 495, section 1; Minnesota Rules, part 4600.3900."

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:

S. F. No. 302, A bill for an act relating to health; allowing certain community health clinics to offer health care services on a prepaid basis; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

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

S. F. No. 424, A bill for an act relating to Ramsey county; providing for certification of eligibility for a position under county rules; amending Minnesota Statutes 1996, section 383A.291, by adding a subdivision; repealing Minnesota Statutes 1996, section 383A.291, subdivisions 1, 2, 3, and 4.

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

The report was adopted.

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

S. F. No. 641, A bill for an act relating to utilization review organizations; requiring a peer of the treating mental health or substance abuse provider to review a utilization review organization's determination not to certify a mental health or substance abuse service; amending Minnesota Statutes 1996, section 62M.09, subdivision 3, and by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 24, delete the colon and insert "requests for outpatient services in which the utilization review organization has concluded that a determination not to certify a mental health or substance abuse service for clinical reasons is appropriate, provided that any final determination not to certify treatment is made by a psychiatrist certified by the American Board of Psychiatry and Neurology, and appropriately licensed in the state in which the psychiatrist resides. Notwithstanding the notification requirements of section 62M.05, a utilization review organization that has made an initial decision to certify in accordance with the requirements of section 62M.05 may elect to provide notification of a determination to continue coverage through facsimile or mail."

Page 1, delete lines 25 to 27

Page 2, delete lines 1 to 3

With the recommendation that when so amended the bill pass.

The report was adopted.

Kalis from the Committee on Capital Investment to which was referred:

S. F. No. 1052, A bill for an act relating to state lands; authorizing the board of trustees of Minnesota state colleges and universities to convey certain land.

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

The report was adopted.

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

S. F. No. 1645, A bill for an act relating to public safety; appropriating money for costs relating to the 1837 treaty.

Delete everything after the enacting clause and insert:

"Section 1. [TREATY IMPLEMENTATION.]

Subdivision 1. [APPROPRIATION.] An amount as needed, not to exceed $6,500,000, is appropriated from the budget reserve in the general fund to the commissioner of public safety to reimburse the department of natural resources, the office of tourism, the department of public safety, the department of military affairs, the department of transportation, local units of government, and other state agencies for costs incurred relating to the 1837 treaty. The appropriation is available until June 30, 1997.

Subd. 2. [EQUIPMENT AUTHORIZATION.] The commissioner of public safety shall reimburse a state agency or local unit of government for costs incurred in acquiring equipment to implement the 1837 treaty only if the acquisition has been preapproved by the commissioners of public safety and natural resources.

Subd. 3. [COMMISSIONER'S AUTHORITY.] The commissioner of public safety may request that local units of government assign peace officers to assist the department of public safety with its duties relating to the 1837 treaty and may make appropriate arrangements to pay their compensation. The commissioner may also employ off-duty peace officers to implement the 1837 treaty.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 22, 56, 329, 367, 469, 609, 653, 857, 1076, 1134, 1183, 1257, 1379, 1409 and 2042 were read for the second time.

S. F. Nos. 465, 542, 38, 95, 302, 424, 641, 1052 and 1645 were read for the second time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Solberg moved that the rule therein be suspended and an urgency be declared so that S. F. No. 1645 be given its third reading and be placed upon its final passage. The motion prevailed.

Solberg moved that the Rules of the House be so far suspended that S. F. No. 1645 be given its third reading and be placed upon its final passage. The motion prevailed.

The bill was read for the third time.

Holsten, Osthoff, Pugh, Weaver, Haas, Farrell, Milbert, Molnau, Van Dellen, Hasskamp and Bakk moved to amend S. F. No. 1645, as amended by the Committee on Ways and Means, as follows:

Page 1, line 10, delete "An amount as needed, not"

Page 1, line 11, delete "to exceed"

Page 2, after line 5, insert:

"Subd. 4. [UNEXPENDED MONEY.] Any amount of the appropriation not expended by June 30, 1997, shall be appropriated for the 1998 fiscal year as follows:

(1) 40 percent to the commissioner of natural resources, to be used by the enforcement division to purchase equipment and to fund overtime pay; and

(2) 60 percent to the game and fish fund."

A roll call was requested and properly seconded.

The question was taken on the Holsten et al amendment and the roll was called. There were 26 yeas and 102 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Hasskamp	Kubly	Nornes	Swenson, D.	Workman
Bakk	Holsten	Mares	Osthoff	Tingelstad
Dehler	Jennings	Milbert	Pugh	Trimble
Farrell	Kielkucki	Molnau	Smith	Weaver
Haas	Knoblach	Ness	Stang	Westfall

Those who voted in the negative were:

Abrams	Entenza	Kahn	Macklin	Pawlenty	Solberg
Anderson, B.	Erhardt	Kalis	Mariani	Paymar	Stanek
Bettermann	Evans	Kelso	Marko	Pelowski	Sviggum
Biernat	Folliard	Kinkel	McCollum	Peterson	Swenson, H.
Bishop	Garcia	Knight	McElroy	Rest	Sykora
Boudreau	Greenfield	Koppendrayer	McGuire	Reuter	Tomassoni
Bradley	Greiling	Koskinen	Mulder	Rhodes	Tompkins
Broecker	Gunther	Kraus	Mullery	Rifenberg	Tuma
Carlson	Harder	Krinkie	Munger	Rostberg	Van Dellen
Chaudhary	Hausman	Kuisle	Murphy	Rukavina	Vickerman
Journal of the House - 33rd Day - Top of Page 1782
Clark	Hilty	Larsen	Olson, E.	Schumacher	Wagenius
Commers	Huntley	Leighton	Olson, M.	Seagren	Wejcman
Davids	Jaros	Leppik	Opatz	Seifert	Wenzel
Dawkins	Jefferson	Lieder	Osskopp	Sekhon	Westrom
Delmont	Johnson, A.	Lindner	Otremba	Skare	Winter
Dempsey	Johnson, R.	Long	Ozment	Skoglund	Wolf
Dorn	Juhnke	Luther	Paulsen	Slawik	Spk. Carruthers

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

S. F. No. 1645, A bill for an act relating to public safety; appropriating money for costs relating to the 1837 treaty.

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 114 yeas and 14 nays as follows:

Those who voted in the affirmative were:

Abrams	Entenza	Johnson, R.	McCollum	Peterson	Swenson, H.
Anderson, I.	Erhardt	Kalis	McElroy	Pugh	Sykora
Bakk	Evans	Kelso	McGuire	Rest	Tingelstad
Bettermann	Farrell	Kielkucki	Milbert	Reuter	Tomassoni
Biernat	Garcia	Koppendrayer	Molnau	Rhodes	Tompkins
Bishop	Greenfield	Koskinen	Mulder	Rifenberg	Trimble
Boudreau	Greiling	Kraus	Mullery	Rukavina	Tuma
Bradley	Gunther	Kubly	Munger	Schumacher	Van Dellen
Broecker	Haas	Kuisle	Murphy	Seagren	Vickerman
Carlson	Harder	Larsen	Ness	Seifert	Wagenius
Chaudhary	Hasskamp	Leighton	Nornes	Sekhon	Weaver
Clark	Hausman	Leppik	Olson, E.	Skare	Wejcman
Commers	Hilty	Lieder	Opatz	Skoglund	Wenzel
Daggett	Holsten	Long	Otremba	Slawik	Westfall
Davids	Huntley	Luther	Ozment	Smith	Westrom
Dawkins	Jaros	Macklin	Paulsen	Solberg	Winter
Delmont	Jefferson	Mares	Pawlenty	Stanek	Wolf
Dempsey	Jennings	Mariani	Paymar	Sviggum	Workman
Dorn	Johnson, A.	Marko	Pelowski	Swenson, D.	Spk. Carruthers

Those who voted in the negative were:

Anderson, B.	Juhnke	Knight	Lindner	Rostberg	Stang
Dehler	Kahn	Knoblach	Olson, M.
Folliard	Kinkel	Krinkie	Osskopp

The bill was passed and its title agreed to.

The following House Files were introduced:

Folliard; Slawik; Swenson, D.; Tingelstad and Greiling introduced:

H. F. No. 2089, A bill for an act relating to commerce; regulating advertisements for tobacco; restricting the placement of publicly visible advertisements for tobacco; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.

Macklin, Erhardt, Pugh, Harder and Milbert introduced:

H. F. No. 2090, A bill for an act relating to taxation; sales and use; exempting certain electronic surveillance services; amending Minnesota Statutes 1996, section 297A.01, subdivision 3.

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

Erhardt, Macklin, Van Dellen, Sykora and Abrams introduced:

H. F. No. 2091, A bill for an act relating to property taxation; establishing a uniform class rate for residential homestead property; amending Minnesota Statutes 1996, sections 273.13, subdivision 22; and 273.1398, subdivision 1a.

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

Paymar introduced:

H. F. No. 2092, A bill for an act relating to domestic abuse; establishing a pilot program regulating domestic abuse perpetrated by minors; amending Minnesota Statutes 1996, sections 260.015, subdivision 2a; 260.165, subdivision 1; 260.171, subdivision 2; and 609.748, subdivision 1.

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

Entenza, Kelso, Carlson, Weaver and Westrom introduced:

H. F. No. 2093, A bill for an act relating to education; providing for children who are deaf, deafblind, and hard-of-hearing in Minnesota; proposing coding for new law in Minnesota Statutes, chapter 120.

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

Jennings, Sviggum, Holsten, Mahon and Bakk introduced:

H. F. No. 2094, A resolution memorializing the United States Environmental Protection Agency to exempt the State of Minnesota from its scheduled State Implementation calls on regional transport of ozone.

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

Kahn introduced:

H. F. No. 2095, A bill for an act relating to education; appropriating money for the center for victims of torture.

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

Dorn, Greiling, Pelowski and Ness introduced:

H. F. No. 2096, A bill for an act relating to education; establishing a working group to recommend alternative school year calendars; appropriating money.

Harder, Winter and Molnau introduced:

H. F. No. 2097, A bill for an act relating to agriculture; changing limitations on ownership of agricultural land by corporations, limited liability companies, pension or investment funds, and limited partnerships; amending Minnesota Statutes 1996, section 500.24, subdivisions 2, 3, 3a, 3b, and 4.

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

Carruthers introduced:

H. F. No. 2098, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending until the year 2020 the period during which at least 40 percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund.

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

Mariani introduced:

H. F. No. 2099, A bill for an act relating to education; providing additional opportunities for student choice; appropriating money; amending Minnesota Statutes 1996, section 120.062, subdivisions 3, 7, 11, and by adding a subdivision; 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.

The Speaker called Wejcman to the Chair.

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 265, A bill for an act relating to agriculture; clarifying the employment status of certain farm crisis assistance personnel; amending Minnesota Statutes 1996, section 17.03, subdivision 9.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

The Senate has appointed as such committee:

Mr. Wiger; Mrs. Robling and Ms. Higgins.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 266, A bill for an act relating to water; including ex officio agency members as voting members of the board of water and soil resources; amending Minnesota Statutes 1996, section 103B.101, subdivisions 1, 2, and 5; repealing Minnesota Statutes 1996, section 103B.101, subdivisions 3 and 8.

Patrick E. Flahaven, Secretary of the Senate

Munger moved that the House concur in the Senate amendments to H. F. No. 266 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 266, A bill for an act relating to water; including ex officio agency members as voting members of the board of water and soil resources; amending Minnesota Statutes 1996, section 103B.101, subdivisions 1, 2, and 5; repealing Minnesota Statutes 1996, section 103B.101, subdivisions 3 and 8.

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

The question was taken on the repassage of the bill and the roll was called. There were 101 yeas and 25 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Juhnke	Mares	Ozment	Slawik
Anderson, I.	Farrell	Kahn	Marko	Paulsen	Solberg
Bakk	Folliard	Kalis	McCollum	Pawlenty	Swenson, D.
Bettermann	Garcia	Kelso	McElroy	Paymar	Sykora
Biernat	Greenfield	Kinkel	McGuire	Pelowski	Tomassoni
Bishop	Greiling	Knoblach	Milbert	Peterson	Tompkins
Broecker	Gunther	Koppendrayer	Mulder	Pugh	Trimble
Carlson	Haas	Koskinen	Mullery	Rest	Tuma
Chaudhary	Hasskamp	Kraus	Munger	Reuter	Van Dellen
Clark	Hausman	Kubly	Murphy	Rhodes	Vickerman
Commers	Holsten	Larsen	Ness	Rostberg	Wagenius
Dawkins	Huntley	Leighton	Nornes	Rukavina	Wejcman
Delmont	Jaros	Leppik	Olson, E.	Schumacher	Wenzel
Dempsey	Jefferson	Lieder	Opatz	Seagren	Westrom
Dorn	Jennings	Long	Osskopp	Sekhon	Winter
Entenza	Johnson, A.	Luther	Osthoff	Skare	Wolf
Erhardt	Johnson, R.	Macklin	Otremba	Skoglund

Those who voted in the negative were:

Anderson, B.	Dehler	Kuisle	Seifert	Swenson, H.	Workman
Boudreau	Harder	Lindner	Smith	Tingelstad
Bradley	Kielkucki	Molnau	Stanek	Weaver
Daggett	Knight	Olson, M.	Stang	Westfall
Davids	Krinkie	Rifenberg	Sviggum

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

Mr. Speaker:

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

S. F. Nos. 137, 127, 101 and 1255.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 137, A bill for an act relating to natural resources; modifying the provisions of the youth corps advisory committee; authorizing the commissioner to make certain contracts and grants; making conservation corps crew services available for natural resources projects; changing the method of allocation of conservation corps crew services; amending Minnesota Statutes 1996, sections 84.0887, subdivision 4, and by adding a subdivision; and 84.99.

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

S. F. No. 127, A bill for an act relating to the environment; modifying requirements relating to certain environmental advisory councils; amending Minnesota Statutes 1996, sections 115A.12; and 473.803, subdivision 4; repealing Minnesota Statutes 1996, section 473.149, subdivision 4.

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

S. F. No. 101, A bill for an act relating to human services; adding an exclusion to elderly housing with services establishment; downsizing the number of IMD beds; modifying the appeal process for nursing facilities; changing procedure for permanent placement of a child and provisions for reimbursement for family foster care; removing the time limitation on family general assistance; amending Minnesota Statutes 1996, sections 144D.01, subdivision 4; 245.466, by adding a subdivision; 256B.059, subdivisions 1, 2, 5, and by adding a subdivision; 256B.17, subdivision 7; 256B.431, subdivision 18; 256B.50, subdivisions 1, 1b, 1c, and 1e; 256D.01, subdivision 1a; 257.071, subdivision 2; 260.191, subdivision 3b; 260.192; 260.242, subdivision 2; and 382.18; repealing Minnesota Statutes 1996, sections 256B.17, subdivisions 1, 2, 3, 4, 5, 6, and 8; and 256B.50, subdivisions 1d, 1g, 1h, and 2.

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

S. F. No. 1255, A bill for an act relating to campaign finance; clarifying limits on contributions to candidates for local elected office; amending Minnesota Statutes 1996, section 211A.12.

The bill was read for the first time.

Mahon moved that S. F. No. 1255 and H. F. No. 1463, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

H. F. No. 1162, A bill for an act relating to state employment; making changes of a technical and housekeeping nature; amending Minnesota Statutes 1996, sections 43A.01, subdivision 2; 43A.02, subdivisions 1, 14, 20, 30, and 37; 43A.04, subdivisions 1, 2, 3, and 9; 43A.05, subdivisions 1 and 3; 43A.08, subdivisions 1 and 1a; 43A.13, subdivision 7; 43A.27, subdivision 1; 43A.30, subdivision 1; and 43A.36, subdivisions 1 and 2.

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

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

Those who voted in the affirmative were:

Abrams	Erhardt	Kalis	McCollum	Peterson	Sykora
Anderson, B.	Evans	Kelso	McElroy	Pugh	Tingelstad
Anderson, I.	Farrell	Kielkucki	McGuire	Rest	Tomassoni
Bakk	Folliard	Kinkel	Milbert	Reuter	Tompkins
Bettermann	Garcia	Knight	Molnau	Rhodes	Trimble
Biernat	Greenfield	Knoblach	Mulder	Rifenberg	Tuma
Bishop	Greiling	Koppendrayer	Mullery	Rostberg	Van Dellen
Boudreau	Gunther	Koskinen	Munger	Rukavina	Vickerman
Bradley	Haas	Kraus	Murphy	Schumacher	Wagenius
Broecker	Harder	Krinkie	Ness	Seagren	Weaver
Carlson	Hasskamp	Kubly	Nornes	Seifert	Wejcman
Chaudhary	Hausman	Kuisle	Olson, E.	Sekhon	Wenzel
Clark	Hilty	Larsen	Olson, M.	Skare	Westfall
Commers	Holsten	Leighton	Opatz	Skoglund	Westrom
Daggett	Huntley	Leppik	Osskopp	Slawik	Winter
Davids	Jaros	Lindner	Osthoff	Smith	Wolf
Dawkins	Jefferson	Long	Otremba	Solberg	Workman
Dehler	Jennings	Luther	Ozment	Stanek	Spk. Carruthers
Delmont	Johnson, A.	Macklin	Paulsen	Stang
Dempsey	Johnson, R.	Mares	Pawlenty	Sviggum
Dorn	Juhnke	Mariani	Paymar	Swenson, D.
Entenza	Kahn	Marko	Pelowski	Swenson, H.

The bill was passed and its title agreed to.

H. F. No. 1382, A bill for an act relating to boilers; modifying show boiler and engine provisions; amending Minnesota Statutes 1996, section 183.411, subdivisions 1, 2, and 3.

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

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

Those who voted in the affirmative were:

Abrams	Erhardt	Kalis	Marko	Peterson	Sykora
Anderson, B.	Evans	Kelso	McCollum	Pugh	Tingelstad
Anderson, I.	Farrell	Kielkucki	McElroy	Rest	Tomassoni
Bakk	Folliard	Kinkel	McGuire	Reuter	Tompkins
Bettermann	Garcia	Knight	Milbert	Rhodes	Trimble
Biernat	Greenfield	Knoblach	Molnau	Rifenberg	Tuma
Bishop	Greiling	Koppendrayer	Mulder	Rostberg	Van Dellen
Boudreau	Gunther	Koskinen	Mullery	Rukavina	Vickerman
Journal of the House - 33rd Day - Top of Page 1788
Bradley	Haas	Kraus	Munger	Schumacher	Wagenius
Broecker	Harder	Krinkie	Murphy	Seagren	Weaver
Carlson	Hasskamp	Kubly	Ness	Seifert	Wejcman
Chaudhary	Hausman	Kuisle	Nornes	Sekhon	Wenzel
Clark	Hilty	Larsen	Olson, E.	Skare	Westfall
Commers	Holsten	Leighton	Olson, M.	Skoglund	Westrom
Daggett	Huntley	Leppik	Opatz	Slawik	Winter
Davids	Jaros	Lieder	Osskopp	Smith	Wolf
Dawkins	Jefferson	Lindner	Osthoff	Solberg	Workman
Dehler	Jennings	Long	Otremba	Stanek	Spk. Carruthers
Delmont	Johnson, A.	Luther	Ozment	Stang
Dempsey	Johnson, R.	Macklin	Pawlenty	Sviggum
Dorn	Juhnke	Mares	Paymar	Swenson, D.
Entenza	Kahn	Mariani	Pelowski	Swenson, H.

The bill was passed and its title agreed to.

S. F. No. 368, A bill for an act relating to civil actions; providing immunity from civil liability for persons who preside at alternative dispute resolution proceedings; proposing coding for new law in Minnesota Statutes, chapter 604A.

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

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

Those who voted in the affirmative were:

Abrams	Erhardt	Kalis	Marko	Pelowski	Swenson, H.
Anderson, B.	Evans	Kelso	McCollum	Peterson	Sykora
Anderson, I.	Farrell	Kielkucki	McElroy	Pugh	Tingelstad
Bakk	Folliard	Kinkel	McGuire	Rest	Tomassoni
Bettermann	Garcia	Knight	Milbert	Reuter	Tompkins
Biernat	Greenfield	Knoblach	Molnau	Rhodes	Trimble
Bishop	Greiling	Koppendrayer	Mulder	Rifenberg	Tuma
Boudreau	Gunther	Koskinen	Mullery	Rostberg	Van Dellen
Bradley	Haas	Kraus	Munger	Rukavina	Vickerman
Broecker	Harder	Krinkie	Murphy	Schumacher	Wagenius
Carlson	Hasskamp	Kubly	Ness	Seagren	Weaver
Chaudhary	Hausman	Kuisle	Nornes	Seifert	Wejcman
Clark	Hilty	Larsen	Olson, E.	Sekhon	Wenzel
Commers	Holsten	Leighton	Olson, M.	Skare	Westfall
Daggett	Huntley	Leppik	Opatz	Skoglund	Westrom
Davids	Jaros	Lieder	Osskopp	Slawik	Winter
Dawkins	Jefferson	Lindner	Osthoff	Smith	Wolf
Dehler	Jennings	Long	Otremba	Solberg	Workman
Delmont	Johnson, A.	Luther	Ozment	Stanek	Spk. Carruthers
Dempsey	Johnson, R.	Macklin	Paulsen	Stang
Dorn	Juhnke	Mares	Pawlenty	Sviggum
Entenza	Kahn	Mariani	Paymar	Swenson, D.

The bill was passed and its title agreed to.

H. F. No. 614 was reported to the House.

Skoglund moved that H. F. No. 614 be continued on the Consent Calendar. The motion prevailed.

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

Milbert moved that his name be stricken as an author on H. F. No. 1292. The motion prevailed.

Chaudhary moved that the names of Lieder, Molnau, Kalis and Stanek be added as authors on H. F. No. 1541. The motion prevailed.

Skoglund moved that the name of Swenson, D., be added as an author on H. F. No. 1586. The motion prevailed.

McCollum moved that the name of Haas be added as an author on H. F. No. 1702. The motion prevailed.

Greiling moved that H. F. No. 897 be returned to its author. The motion prevailed.

Greiling moved that H. F. No. 961 be returned to its author. The motion prevailed.

Pelowski moved that H. F. No. 1929 be recalled from the Committee on Education and be re-referred to the Committee on Capital Investment. The motion prevailed.

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Tuesday, April 8, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and Speaker pro tempore Wejcman declared the House stands adjourned until 2:30 p.m., Tuesday, April 8, 1997.