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. 1067, memorializing the President, Congress, and the Secretary of Agriculture of the United States to design and implement adjustments to the federal milk marketing order system that are equitable to Minnesota's family dairy farmers; including reassessment of the use of wholesale price indicators derived from trade on the Green Bay Cheese Exchange.

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 Files:

H. F. No. 1187, relating to the city of Buffalo Lake; authorizing the city to negotiate contracts for a specific project without competitive bids.

H. F. No. 566, relating to the board of government innovation and cooperation; extending an exemption from enforcement of law granted by the board during calendar year 1996.

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
	1067	Resolution No. 2	10:29 a.m. April 21	April 21
227		39	10:14 a.m. April 21	April 21
424		40	10:15 a.m. April 21	April 21
	1187	41	10:12 a.m. April 21	April 21
	566	42	10:13 a.m. April 21	April 21
1071		43	10:17 a.m. April 21	April 21
1356		44	10:17 a.m. April 21	April 21
127		45	10:21 a.m. April 21	April 21
137		46	10:18 a.m. April 21	April 21
458		47	10:26 a.m. April 21	April 21

Sincerely,

Joan Anderson Growe
Secretary of State

Milbert from the Committee on General Legislation, Veterans Affairs and Elections reported on the following appointment which had been referred to the committee by the Speaker:

Reported the same back with the recommendation that the appointment be confirmed.

Milbert moved that the report of the Committee on General Legislation, Veterans Affairs and Elections relating to the appointment of Charles A. Slocum to the Ethical Practices Board be adopted. The motion prevailed and the report was adopted.

Milbert moved that the House, having advised, do now consent to and confirm the appointment of Charles A. Slocum, 15134 Williston Lane, Minnetonka, Minnesota 55345, in the county of Hennepin, effective June 15, 1996, for a term expiring January 1999. The motion prevailed and the appointment of Charles A. Slocum was confirmed by the House.

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

H. F. No. 272, A bill for an act relating to human services; adding provisions for licensing programs; imposing and modifying civil penalties; amending Minnesota Statutes 1996, sections 144.057, subdivision 1; 245A.02, subdivisions 15, 16, and 17; 245A.03, subdivision 2; 245A.04, subdivisions 3, 3a, 3b, 3c, 4, 5, 6, and 7; 245A.06, subdivisions 1, 3, 4, 5, 5a, 6, and 7; 245A.07, subdivisions 1 and 3; 245A.08, subdivisions 1 and 2; 245A.09, subdivision 7; 245A.11, subdivision 2; 245A.16, subdivision 2; 256E.115; and 364.09; proposing coding for new law in Minnesota Statutes, chapter 245A; proposing coding for new law as Minnesota Statutes, chapters 245B; and 245C; repealing Minnesota Statutes 1996, sections 245A.20; 245A.21; and 252.53; Minnesota Rules, parts 9503.0170, subpart 7; 9525.0215; 9525.0225; 9525.0235; 9525.0243; 9525.0245; 9525.0255; 9525.0265; 9525.0275; 9525.0285; 9525.0295; 9525.0305; 9525.0315; 9525.0325; 9525.0335; 9525.0345; 9525.0355; 9525.0500; 9525.0510; 9525.0520; 9525.0530; 9525.0540; 9525.0550; 9525.0560; 9525.0570; 9525.0580; 9525.0590; 9525.0600; 9525.0610; 9525.0620; 9525.0630; 9525.0640; 9525.0650; 9525.0660; 9525.1240, subpart 1, item E, subitem (6); 9525.1500; 9525.1510; 9525.1520; 9525.1530; 9525.1540; 9525.1550; 9525.1560; 9525.1570, subparts 2, 3, 4, 5, and 6; 9525.1590; 9525.1610; 9525.1620; 9525.1630; 9525.1640; 9525.1650; 9525.1660; 9525.1670; 9525.1680; 9525.1690; 9525.2000; 9525.2010; 9525.2020; 9525.2025; 9525.2030; 9525.2040; 9525.2050; 9525.2060; 9525.2070; 9525.2080; 9525.2090; 9525.2100; 9525.2110; 9525.2120; 9525.2130; 9525.2140; 9555.8000; 9555.8100; 9555.8200; 9555.8300; 9555.8400; and 9555.8500.

Reported the same back with the following amendments:

Page 2, line 9, before "all" insert "beginning July 1, 1999," and delete "and home care"

Page 2, line 10, delete "agencies"

Page 2, after line 20, insert:

"Sec. 2. Minnesota Statutes 1996, section 144A.46, subdivision 5, is amended to read:

Minnesota Rules, parts 9543.3000 to 9543.3090. Individuals disqualified under these provisions can request a reconsideration, and if the disqualification is set aside are then eligible to be involved in the management, operation or control of the provider. For purposes of this section, owners of a home care provider subject to the background check requirement are those individuals whose ownership interest provides sufficient authority or control to affect or change decisions related to the operation of the home care provider. An owner includes a sole proprietor, a general partner, or any other individual whose individual ownership interest can affect the management and direction of the policies of the home care provider. For the purposes of this section, managerial officials subject to the background check requirement are those individuals who provide "direct contact" as defined in section 245A.04 or those individuals who have the responsibility for the ongoing management or direction of the policies, services, or employees of the home care provider. Data collected under this subdivision shall be classified as private data under section 13.02, subdivision 12.

(b) Employees, contractors, and volunteers of a home care provider or hospice are subject to the background study required by section 144.057. These individuals shall be disqualified under the provisions of chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090. Until October 1, 1997, grounds for disqualification shall also include the crimes specified under Minnesota Rules, part 4668.0020, subpart 14, or a comparable crime or act in another jurisdiction. Nothing in this section shall be construed to prohibit a home care provider from requiring self-disclosure of criminal conviction information; however, compliance with the provisions of section 144.057 constitutes compliance with the provisions of Minnesota Rules, part 4668.0020, subpart 8.

(c) Notwithstanding the provisions of Minnesota Rules, part 4668.0020, subparts 12, 13, and 15, disqualifications under paragraph (b), removal from a direct care position, and the process for reconsiderations shall be governed by the provisions of section 144.057.

(d) Unless superseded by the provisions of section 144.057 or this section, the provisions of Minnesota Rules, part 4668.0020, remain in effect.

(e) Termination of an employee in good faith reliance on information or records obtained under paragraph (a) or (b) regarding a confirmed conviction does not subject the home care provider to civil liability or liability for reemployment insurance benefits."

Page 6, line 4, before "STUDY" insert "BACKGROUND"

Page 6, after line 21, insert:

"The commissioner shall initiate a pilot project to conduct up to 5,000 background studies under this chapter in programs with joint licensure as home and community-based services and adult foster care for people with developmental disabilities when the license holder does not reside in the foster care residence."

Page 6, line 22, strike "1997" and insert "1998"

Page 8, line 20, after the period, insert "For purposes of this section, a physician licensed under chapter 147 is considered to be continuously affiliated upon the license holder's receipt from the commissioners of health or human services of the physician's background study results."

Page 11, line 3, after "and" insert "child" and delete "unless the"

Page 11, line 4, delete everything before the period

Page 11, line 13, delete "1998" and insert "2000"

Page 13, line 20, strike everything after "(m)"

Page 13, strike lines 21 to 27

Page 13, line 32, delete everything after "following" and insert ": (i) a conviction of one or more crimes listed in clauses (1) to (4);"

Page 13, line 33, delete "history" and after the first "or" insert "(ii)"

Page 13, line 36, after "(4)" insert "; or (iii) an administrative determination listed under clause (4)" and after the comma insert "then"

Page 18, line 13, after "RESULTS" insert "; DETERMINATION OF RISK OF HARM"

Page 20, line 20, delete everything after "will" and insert "receive the same notification received by license holders in cases where the individual studied has no disqualifying characteristic."

Page 20, delete line 21

Page 20, line 22, delete everything before "If"

Page 21, line 15, reinstate the stricken language and delete "shall have the burden of"

Page 21, line 16, delete "proof to"

Page 25, line 13, delete "recession" and insert "rescission"

Page 40, line 30, delete "consumers" and insert "persons"

Page 45, line 1, delete "written" and insert "recorded"

Page 47, line 10, after "procedures" insert "are those procedures necessary to implement medication and treatment orders issued by appropriately licensed professionals, and"

Page 54, line 19, after the period, insert "Once a consumer with overriding health care needs is admitted, staff will be provided with remedial training as deemed necessary by the license holder and the health professional to meet the needs of that consumer."

Page 57, line 19, delete "damage" and insert "danger"

Page 59, line 18, after the comma, insert "or provisions governing data practices and information rights of consumers"

Page 59, line 20, delete "may" and insert "shall"

Page 59, line 24, delete everything after the period

Page 59, delete lines 25 to 29

Page 62, line 14, before the period, insert "as defined in section 626.5572, subdivision 5"

Page 68, after line 33, insert:

"Sec. 41. Laws 1995, chapter 158, section 7, is amended to read:

Sec. 7. [RECOMMENDATIONS ON REGULATING CHILD CARE PROGRAMS.]

The commissioner shall also examine and make recommendations regarding the feasibility of permitting worksite-based nonresidential child care programs serving 14 or fewer children to be licensed under the family and group family day care standards.

The commissioner shall submit the recommendations by December 15, 1997, to the chairs of the house health and human services committee and the health and human services finance division, and of the senate health and family services security committee and the health care and family services finance security budget division."

Page 69, after line 25, insert:

"Sec. 43. [UNLICENSED CHILD CARE PROVIDERS; INTERIM EXPANSION.]

Notwithstanding Minnesota Statutes, section 245A.03, subdivision 2, clause (2), until June 30, 1999, nonresidential child care programs or services that are provided by an unrelated individual to persons from two other unrelated families are excluded from the licensure provisions of chapter 245A, provided that:

(1) the individual provides services at any one time to no more than three children who are unrelated to the individual; and

(2) no more than two of the children who are unrelated to the individual are under the age of two.

Sec. 44. [FAMILY DAY CARE AND CHILD CARE CENTER LICENSURE; INTERIM EXPANSION.]

Subdivision 1. [INTERIM AGE GROUPINGS; FAMILY DAY CARE.] Notwithstanding Minnesota Rules, part 9502.0315, subparts 22, 28 and 30, until June 30, 1998, for the purposes of family day care and group family day care licensure the following definitions apply:

(1) "Preschooler" means a child who is at least 24 months old up to the age of being eligible to enter kindergarten within the next four months.

(2) "Toddler" means a child who is at least 12 months old but less than 24 months old, except that for purposes of specialized infant and toddler family and group family day care, "toddler" means a child who is at least 12 months old but less than 30 months old.

(3) "School age" means a child who is at least of sufficient age to have attended the first day of kindergarten, or is eligible to enter kindergarten within the next four months, but is younger than 11 years of age.

Subd. 2. [INTERIM AGE GROUPINGS AND RANGES; CHILD CARE CENTERS.] (a) A child care center that intends to utilize one or more of the age groupings in paragraph (b), must notify the commissioner in writing of this intent prior to utilizing the grouping.

(b) Notwithstanding Minnesota Rules, part 9503.0005, subpart 2, until June 30, 1998, for the purposes of child care center licensure the following definitions of age category apply:

(1) "Infant" means a child who is at least six weeks old but less than 12 months old.

(2) "Toddler" means a child who is at least 12 months old but less than 24 months old, provided that no more than three of every seven toddlers in the group are less than 18 months old.

(3) "Preschooler" means a child who is at least 24 months old up to the age of being eligible to enter kindergarten within the next four months, provided that no more than four of every ten preschoolers in the group are less than 36 months old.

When a child in a child care center reaches the minimum toddler or preschool age, the center must inform the parents of the risk and benefits of the child moving to the new age group, and of options to remain in the current age group, according to Minnesota Rules, parts 9503.0040, subpart 4. The center must have policies and procedures to address the health, safety, and child development needs of children when the age range of children in a group is greater than 24 months.

(c) Notwithstanding Minnesota Rules, part 9503.0040, subpart 3, item B, subitem 2, until June 30, 1998, during a center's regular hours of operation, children in different age categories may be mixed within a group if there is no more than a 48-month range in age among children in a group.

Subd. 3. [COMMISSIONER'S AUTHORITY.] (a) The commissioner may limit an individual child care center's use of the interim age groupings in subdivision 2 based on the performance of the center.

(b) The commissioner may grant a variance to any of the provisions in subdivisions 1 or 2, as long as the health and safety of the children served by the program are not affected. The request for a variance shall comply with the provisions of Minnesota Statutes, section 245A.04, subdivision 9."

Page 69, line 30, before "costs" insert "background study" and delete the second "of"

Page 69, line 31, delete "background studies" and delete "section" and insert "sections"

Page 69, line 32, after "3," insert "paragraphs (b) and (e) and 144.057, subdivision 1, clause (2),"

Page 70, line 16, before "Minnesota" insert "(a)"

Page 70, after line 17, insert:

"(b) Minnesota Rules, part 4668.0020, is repealed effective August 1, 1997."

Page 70, line 18, before "Minnesota" insert "(c)"

Page 70, line 36, delete everything before "are" and insert "Sections 1 to 29 and 38 to 46"

Page 71, line 2, delete "29 to 36 and 43" and insert "30 to 37 and 47, paragraphs (a) and (c)"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 5, after the semicolon, insert "144A.46, subdivision 5;"

Page 1, line 11, after the second semicolon, insert "Laws 1995, chapter 158, section 7;"

Page 1, line 15, after "parts" insert "4668.0020;"

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

The report was adopted.

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

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.

Reported the same back with the following amendments:

Page 3, line 26, after "child" insert "according to section 257.57"

Page 5, line 22, after "commissioner" insert "of health" and delete "rules,"

Page 5, line 23, delete the comma

Page 5, line 29, after "commissioner" insert "of health"

Page 6, line 19, after "commissioner" insert "of health"

Page 6, line 21, after "commissioner" insert "of health"

Page 6, line 23, after "commissioner" insert "of health"

Page 6, line 35, after "commissioner" insert "of health"

Page 7, line 2, after the period, insert "The search required by this subdivision must be conducted no sooner than 31 days following the birth of the child."

Page 7, line 4, after "commissioner" insert "of health"

Page 7, line 9, after the period, insert "In addition to the search required by this subdivision, the agency supervising the adoptive placement, the birth mother of the child, or, in the case of a stepparent or relative adoption, the county agency responsible for the report under section 259.53, subdivision 1, may request that the commissioner of health search the registry at any time."

Page 7, line 13, after "commissioner" insert "of health"

Page 7, line 18, after "commissioner" insert "of health"

Page 15, line 8, after the period, insert "The public acts, records, and judicial proceedings of any Indian tribe that provide an acknowledgment of paternity or that establish paternity pursuant to tribal law or custom shall be given full faith and credit as provided in United States Code, title 25, section 1911(d)."

Page 21, after line 28, insert:

"Sec. 13. [EFFECTIVE DATE.]

Section 8 is effective January 1, 1998. Section 11 is effective July 1, 1997."

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

The report was adopted.

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

Minnesota comprehensive health association assessment to reduce the premium tax burden on certain purchasers of health insurance; establishing a process for reviewing proposed state-mandated health plan benefits; expanding eligibility for the MinnesotaCare program; authorizing public information projects to inform uninsured persons about the availability of health coverage; encouraging health plans to collaborate with public health agencies; providing alternative funding for local public health activities and county social services; strengthening and enforcing the pass-through provision of the health care provider tax; reducing duplicative inspections and regulatory compliance requirements for health plan companies; authorizing emergency medical services pilot projects; appropriating money; amending Minnesota Statutes 1996, sections 62D.04, by adding a subdivision; 62E.11, by adding a subdivision; 62Q.075, subdivision 2; 256.9354, subdivision 5, and by adding a subdivision; 295.58; 295.582; and 297.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 62A; and 144.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 62Q.075, subdivision 2, is amended to read:

Subd. 2. [REQUIREMENT.] (a) Beginning October 31, 1997, all managed care organizations shall file biennially with the action plans required under section 62Q.07 a plan describing the actions the managed care organization has taken and those it intends to take to contribute to achieving public health goals for each service area in which an enrollee of the managed care organization resides. This plan must be jointly developed in collaboration with the local public health units, appropriate regional coordinating boards, and other community organizations providing health services within the same service area as the managed care organization. Local government units with responsibilities and authority defined under chapters 145A and 256E may designate individuals to participate in the collaborative planning with the managed care organization to provide expertise and represent community needs and goals as identified under chapters 145A and 256E.

(b) Local public health agencies may ask managed care organizations that are not required to collaborate to collaborate voluntarily. A managed care organization that is not required to comply with this section may voluntarily file a collaboration plan describing the actions the managed care organization has taken and those it intends to take to contribute to achieving public health goals.

Sec. 2. [STUDY OF NATIONAL ACCREDITATION ORGANIZATIONS.]

The commissioner of health shall study the requirements of national accreditation organizations for health care organizations and identify any overlaps of these requirements with the state statutory or regulatory requirements. The commissioner shall submit findings from this study to the legislature by January 15, 1998.

Sec. 3. [REPORT ON STATE CONSUMER ASSISTANCE ACTIVITIES.]

The commissioner of health, in consultation with affected state agencies, offices, and ombudsman programs, shall submit a report to the legislature regarding the feasibility and desirability of: consolidating and improving coordination of some or all existing state consumer assistance activities; and the establishment of the statewide consumer assistance office to help consumers locate these services. The report must include a budget that does not exceed the combined base level funding of existing programs."

Delete the title and insert:

"A bill for an act relating to health care; authorizing certain managed care organizations to file public health collaboration plans; requiring a study of national accreditation organizations for health care organizations; requiring a report of state consumer assistance activities; amending Minnesota Statutes 1996, section 62Q.075, subdivision 2."

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. 555, A bill for an act relating to health; providing for the isolation and detention of persons with active tuberculosis who pose an endangerment to the public health; establishing standards and procedures for isolation and detention; requiring reporting by licensed health professionals; modifying tuberculosis screening requirements; amending Minnesota Statutes 1996, section 144.445, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 144.445, subdivision 1, is amended to read:

Subdivision 1. [SCREENING OF INMATES.] All persons detained or confined for seven 14 consecutive days or more in facilities operated, licensed, or inspected by the department of corrections shall be screened for tuberculosis with either a Mantoux test or a chest roentgenogram (X-ray) as consistent with screening and follow-up practices recommended by the United States Public Health Service or the department of health, as determined by the commissioner of health. Administration of the Mantoux test or chest roentgenogram (X-ray) must take place on or before the seventh 14th day of detention or confinement.

Sec. 2. Minnesota Statutes 1996, section 144.445, subdivision 3, is amended to read:

Subd. 3. [EXCEPTIONS.] Subdivisions 1 and 2 do not apply to:

(1) a person who is detained or confined in a juvenile temporary holdover facility, provided that the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis;

(2) a person who is detained or confined in a facility operated, licensed, or inspected by the department of corrections where the facility holds a written record of a negative Mantoux test performed on the person (i) within three months prior to intake into the facility; or (ii) within 12 months prior to intake into the facility if the person has remained under the continuing jurisdiction of a correctional facility since the negative Mantoux test, provided that the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis;

(3) a person who is detained or confined in a facility operated, licensed, or inspected by the department of corrections where the facility has a written record of (i) a history of adequately treated active tuberculosis; (ii) compliance with currently prescribed tuberculosis therapy or preventive therapy; or (iii) completion of a course of preventive therapy, provided the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) to rule out active tuberculosis;

(4) a person who is detained or confined in a facility operated, licensed, or inspected by the department of corrections where the facility holds a written record of a negative chest roentgenogram (X-ray) (i) within six months; or (ii) within 12 months prior to intake in the facility if the person has remained under the continuing jurisdiction of a correctional facility since the negative chest roentgenogram (X-ray), provided that the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a new chest roentgenogram (X-ray) to rule out active tuberculosis;

(6) an employee with either a record of a past positive Mantoux test reaction or a positive or significant Mantoux test reaction in preemployment screening who does not complete a course of preventive therapy may be exempt from annual Mantoux testing or other screening. This determination shall be made by the commissioner of health based on currently accepted public health standards and the person's health status if the employee has a documented negative chest roentgenogram (X-ray) performed at any time since the initial positive Mantoux test, provided the employee has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis; and

(7) the commissioner may exempt additional employees or persons detained or confined in facilities operated, licensed, or inspected by the department of corrections based on currently accepted public health standards or the person's health status.

Sec. 3. [144.4801] [TITLE.]

Sections 144.4801 to 144.4813 may be cited as the "Tuberculosis Health Threat Act."

Sec. 4. [144.4802] [AUTHORITY.]

Subdivision 1. [AUTHORITY TO COMMIT.] Under the powers and duties assigned to the commissioner in this chapter and chapter 145, the commissioner may proceed under sections 144.4801 to 144.4813 whenever the commissioner has probable cause to believe that a person who has active tuberculosis or is clinically suspected of having active tuberculosis is an endangerment to the public health.

Subd. 2. [PREEMPTION.] Sections 144.4801 to 144.4813 preempt and supersede sections 144.4171 to 144.4186, 144.443, and 144.444 with regard to a tuberculosis health threat. Nothing in sections 144.4801 to 144.4813 restricts the commissioner's authority to seek injunctive relief pursuant to section 145.075, or any other relief under other statutes or at common law.

Subd. 3. [RELIANCE ON SPIRITUAL MEANS IN LIEU OF MEDICAL TREATMENT.] Nothing in sections 144.4801 to 144.4815 shall be construed to abridge the right of a carrier to refuse medical treatment for tuberculosis if the carrier opposes medical treatment on the basis of sincere religious beliefs and complies with a monitoring plan developed by the commissioner for the isolation of the carrier as defined in section 144.4804, subdivision 15. A carrier who meets the requirements of this subdivision is not considered an endangerment under section 144.4804, subdivision 11, clauses (2) to (6) and (8). Nothing in this subdivision shall be construed to limit the authority of the commissioner to take necessary actions to protect the public health according to sections 144.4801 to 144.4815.

Sec. 5. [144.4803] [DEFINITIONS.]

Subdivision 1. [ACTIVE TUBERCULOSIS.] "Active tuberculosis" includes infectious and noninfectious tuberculosis and means:

(1) a condition evidenced by a positive culture for mycobacterium tuberculosis taken from a pulmonary or laryngeal source;

(2) a condition evidenced by a positive culture for mycobacterium tuberculosis taken from an extrapulmonary source when there is clinical evidence such as a positive skin test for tuberculosis infection, coughing, sputum production, fever, or other symptoms compatible with pulmonary tuberculosis; or

(3) a condition in which clinical specimens are not available for culture, but there is radiographic evidence of tuberculosis such as an abnormal chest X-ray, and clinical evidence such as a positive skin test for tuberculosis infection, coughing, sputum production, fever, or other symptoms compatible with pulmonary tuberculosis, that lead a physician to reasonably diagnose active tuberculosis according to currently accepted standards of medical practice and to initiate treatment for tuberculosis.

Subd. 3. [CARRIER.] "Carrier" means a person who has active tuberculosis or is clinically suspected of having active tuberculosis.

Subd. 4. [CLINICALLY SUSPECTED OF HAVING ACTIVE TUBERCULOSIS.] "Clinically suspected of having active tuberculosis" means presenting a reasonable possibility of having active tuberculosis based upon epidemiologic, clinical, or radiographic evidence, laboratory test results, or other reliable evidence as determined by a physician using currently accepted standards of medical practice.

Subd. 5. [COMMISSIONER.] "Commissioner" means the commissioner of health.

Subd. 6. [CONTAGION PRECAUTIONS FOR TUBERCULOSIS.] "Contagion precautions for tuberculosis" means those measures under currently accepted standards of medical practice that prevent a carrier from exposing others to tuberculosis.

Subd. 7. [DEPARTMENT.] "Department" means the department of health.

Subd. 8. [DIRECTLY OBSERVED THERAPY.] "Directly observed therapy" means a method for ensuring compliance with medication directions in which a licensed health professional or designee observes a person ingesting prescribed medications or administers the prescribed medication to the person.

Subd. 9. [DISEASE PREVENTION OFFICER.] "Disease prevention officer" means a designated agent of the commissioner, or a designated agent of a board of health that has express delegated authority from the commissioner to proceed under sections 144.4801 to 144.4813.

Subd. 10. [ENDANGERMENT TO THE PUBLIC HEALTH.] "Endangerment to the public health" means a carrier who may transmit tuberculosis to another person or persons because the carrier has engaged or is engaging in any of the following conduct:

(1) refuses or fails to submit to a diagnostic tuberculosis examination that is ordered by a physician and is reasonable according to currently accepted standards of medical practice;

(2) refuses or fails to initiate or complete treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(3) refuses or fails to keep appointments for treatment of tuberculosis;

(4) refuses or fails to provide the commissioner, upon request, with evidence showing the completion of a course of treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(5) refuses or fails to initiate or complete a course of directly observed therapy that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(6) misses at least 20 percent of scheduled appointments for directly observed therapy, or misses at least two consecutive appointments for directly observed therapy;

(7) refuses or fails to follow contagion precautions for tuberculosis after being instructed on the precautions by a licensed health professional or by the commissioner;

(8) based on evidence of the carrier's past or present behavior, may not complete a course of treatment for tuberculosis that is reasonable according to currently accepted standards of medical practice; or

Subd. 11. [EPIDEMIOLOGICAL DATA OR EPIDEMIOLOGICAL EVIDENCE.] "Epidemiological data" or "epidemiological evidence" means data or evidence relating to the occurrence, distribution, clinical characteristics, and control of disease within a group of people or within a specified population.

Subd. 12. [HEALTH ORDER.] "Health order" means an order issued by the commissioner or a board of health with express delegated authority from the commissioner.

Subd. 13. [INFECTIOUS TUBERCULOSIS.] "Infectious tuberculosis" means the stage of tuberculosis where mycobacterial organisms are capable of being expelled into the air by a person, as determined by laboratory, epidemiological, or clinical findings.

Subd. 14. [ISOLATION.] "Isolation" means placing a carrier who has infectious tuberculosis in:

(1) a hospital or other treatment facility;

(2) the carrier's residence or current location; or

(3) any other place approved by the commissioner, provided that the place of isolation prevents or limits the transmission of the infectious tuberculosis agent to others during the period of infectiousness.

Subd. 15. [LICENSED HEALTH PROFESSIONAL.] "Licensed health professional" means a person licensed by one of the health-related licensing boards listed in section 214.01, subdivision 2.

Subd. 16. [PEACE OFFICER.] "Peace officer" means an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the board of peace officer standards and training, is charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state, and has the full power of arrest. "Peace officer" includes an officer of the Minnesota state patrol.

Subd. 17. [PHYSICIAN.] "Physician" means a person who is licensed by the board of medical practice under chapter 147 to practice medicine.

Subd. 18. [RESPONDENT.] "Respondent" means a person or group of persons to whom the commissioner has issued a health order, excluding the carrier.

Subd. 19. [TREATMENT FACILITY.] "Treatment facility" means a hospital or other treatment provider that is qualified to provide care, treatment, and appropriate contagion precautions for tuberculosis.

Sec. 6. [144.4804] [REPORTING RELATING TO TUBERCULOSIS.]

Subdivision 1. [MANDATORY REPORTING.] A licensed health professional must report to the commissioner or a disease prevention officer within 24 hours of obtaining knowledge of a reportable person as specified in subdivision 3, unless the licensed health professional is aware that the facts causing the person to be a reportable person have previously been reported. Within 72 hours of making a report, excluding Saturdays, Sundays, and legal holidays, the licensed health professional shall submit to the commissioner or to the disease prevention officer a certified copy of the reportable person's medical records relating to the carrier's tuberculosis and status as an endangerment to the public health of a reportable person under subdivision 3, clauses (3), (4), and (5). A reporting facility may designate an infection control practitioner to make reports and to send certified medical records relating to the carrier's tuberculosis and status as an endangerment to the public health under this subdivision.

Subd. 2. [VOLUNTARY REPORTING.] A person other than a licensed health professional may report to the commissioner or a disease prevention officer if the person has knowledge of a reportable person as specified in subdivision 3, or has probable cause to believe that a person should be reported under subdivision 3.

Subd. 3. [REPORTABLE PERSONS.] A licensed health professional must report to the commissioner or a disease prevention officer if the licensed health professional has knowledge of:

(2) a person who is clinically suspected of having active tuberculosis;

(3) a person who refuses or fails to submit to a diagnostic tuberculosis examination when the person is clinically suspected of having tuberculosis;

(4) a carrier who has refused or failed to initiate or complete treatment for tuberculosis, including refusal or failure to take medication for tuberculosis or keep appointments for directly observed therapy or other treatment of tuberculosis; or

(5) a person who refuses or fails to follow contagion precautions for tuberculosis after being instructed on the precautions by a licensed health professional or by the commissioner.

Subd. 4. [REPORTING INFORMATION.] The report by a licensed health professional under subdivision 1 or by a person under subdivision 2 must contain the following information, to the extent known:

(1) the reportable person's name, birth date, address or last known location, and telephone number;

(2) the date and specific circumstances that cause the person to be a reportable person;

(3) the reporting person's name, title, address, and telephone number; and

(4) any other information relevant to the reportable person's case of tuberculosis.

Subd. 5. [IMMUNITY FOR REPORTING.] A licensed health professional who is required to report under subdivision 1 or a person who voluntarily reports in good faith under subdivision 2 is immune from liability in a civil, administrative, disciplinary, or criminal action for reporting under this section.

Subd. 6. [FALSIFIED REPORTS.] A person who knowingly or recklessly makes a false report under this section is liable in a civil suit for actual damages suffered by the person or persons reported and for punitive damages.

Subd. 7. [WAIVER OF PRIVILEGE.] A person who is the subject of a report under subdivision 1 is deemed to have waived any privilege created in section 595.02, subdivision 1, paragraphs (d), (e), (g), (i), (j), and (k), with respect to any information provided under this section.

Sec. 7. [144.4805] [ISSUANCE OF HEALTH ORDER; RIGHTS OF CARRIER AND RESPONDENT.]

Subdivision 1. [AUTHORITY.] Only the commissioner, or a board of health with express delegated authority from the commissioner, may issue a health order under this section.

Subd. 2. [GROUNDS FOR HEALTH ORDER.] Whenever the commissioner has probable cause to believe that a carrier is an endangerment to the public health, the commissioner may issue a health order that the commissioner deems necessary to protect the public health. The commissioner may petition the court for enforcement of the health order. In a court proceeding for enforcement of the health order, the commissioner shall demonstrate the particularized circumstances constituting the necessity for the health order. The health order may be issued to any person, including to a carrier, physician, licensed health professional, or treatment facility. The health order may be in the form of a subpoena by the commissioner for certified medical records relating to the carrier's tuberculosis and status as an endangerment to the public health.

Subd. 3. [CONTENTS OF HEALTH ORDER.] A health order must include:

(1) a citation to this section as the legal authority under which the order is issued;

(2) a summary of evidence upon which the person is alleged to be a carrier;

(3) a description of the alleged conduct of the carrier that makes the carrier an endangerment to the public health;

(5) the preventive measure ordered; and

(6) a notice advising the carrier or respondent that:

(i) a hearing will be held if the carrier or respondent petitions the court for a hearing, or if the commissioner determines that the carrier has not complied with the health order;

(ii) the carrier or respondent has the right to appear at the hearing;

(iii) the carrier or respondent has the right to present and cross-examine witnesses at the hearing;

(iv) the carrier has the right to court-appointed counsel in a proceeding under sections 144.4801 to 144.4813; and

(v) the carrier or respondent has the right to the assistance of an interpreter in a proceeding under sections 144.4801 to 144.4813.

Subd. 4. [RIGHT TO COUNSEL.] (a) The carrier or respondent has the right to counsel in any proceeding under sections 144.4801 to 144.4813. The court shall promptly appoint counsel for a carrier if the carrier does not have counsel:

(1) at the time the court issues an order under section 144.4807, subdivision 7, authorizing the continued detention of the carrier;

(2) at the time the court issues an order under section 144.4808, subdivision 2, authorizing the carrier to be apprehended and held; or

(3) in all other cases, at the time either party files a notice for a preliminary hearing under section 144.4810, subdivision 2.

The court shall appoint counsel for the carrier. The cost of court-appointed counsel shall be paid by the court.

(b) Upon being notified of the name and address of counsel for the carrier, the commissioner shall promptly forward to the carrier and the carrier's counsel the following:

(1) a copy of the health order;

(2) a certified copy of relevant portions of the carrier's medical records; and

(3) the name and address of the licensed health professional, including the carrier's attending physician or nurse, or the public health physician or nurse whom the commissioner intends to have testify at the preliminary hearing, and a summary of the witness' testimony, including a copy of the witness' affidavit, if any.

Subd. 5. [DUTY TO COMMUNICATE.] The commissioner's counsel and the carrier's counsel shall make every effort to communicate prior to any hearing and to stipulate as to undisputed facts, witnesses, and exhibits.

Subd. 6. [RIGHT TO INTERPRETER.] The carrier or respondent has the right to the assistance of an interpreter in a proceeding under sections 144.4801 to 144.4813.

Subd. 7. [SERVICE OF ORDER.] A health order may be served by a disease prevention officer or peace officer.

Sec. 8. [144.4806] [PREVENTIVE MEASURES UNDER HEALTH ORDER.]

A health order may include, but need not be limited to, an order:

(2) requiring a carrier who is an endangerment to the public health to submit to diagnostic examination for tuberculosis and to remain in the treatment facility until the commissioner receives the results of the examination;

(3) requiring a carrier who is an endangerment to the public health to remain in or present at a treatment facility until the carrier has completed a course of treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(4) requiring a carrier who is an endangerment to the public health to complete a course of treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice and, if necessary, to follow contagion precautions for tuberculosis;

(5) requiring a carrier who is an endangerment to the public health to follow a course of directly observed therapy that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(6) excluding a carrier who is an endangerment to the public health from the carrier's place of work or school, or from other premises if the commissioner determines that exclusion is necessary because contagion precautions for tuberculosis cannot be maintained in a manner adequate to protect others from being exposed to tuberculosis;

(7) requiring a licensed health professional or treatment facility to provide to the commissioner certified copies of all medical and epidemiological data relevant to the carrier's tuberculosis and status as an endangerment to the public health;

(8) requiring the diagnostic examination for tuberculosis of other persons in the carrier's household, workplace, or school, or other persons in close contact with the carrier if the commissioner has probable cause to believe that the persons may have active tuberculosis or may have been exposed to tuberculosis based on epidemiological, medical, or other reliable evidence; or

(9) requiring a carrier or other persons to follow contagion precautions for tuberculosis.

Sec. 9. [144.4807] [NOTICE OF OBLIGATION TO ISOLATE OR EXAMINE.]

Subdivision 1. [OBLIGATION TO ISOLATE.] If the carrier is in a treatment facility, the commissioner or a carrier's attending physician, after obtaining approval from the commissioner, may issue a notice of obligation to isolate to a treatment facility if the commissioner or attending physician has probable cause to believe that a carrier is an endangerment to the public health.

Subd. 2. [OBLIGATION TO EXAMINE.] If the carrier is clinically suspected of having active tuberculosis, the commissioner may issue a notice of obligation to examine to the carrier's attending physician to conduct a diagnostic examination for tuberculosis on the carrier.

Subd. 3. [PRECAUTIONS TO AVOID EXPOSURE.] Upon receiving a notice of obligation to isolate or notice of obligation to examine, a treatment facility shall immediately take all reasonable precautions to prevent the carrier from exposing other persons to tuberculosis, including the use of guards or locks, if appropriate.

Subd. 4. [SERVICE OF HEALTH ORDER ON CARRIER.] When issuing a notice of obligation to isolate or examine to the carrier's physician or a treatment facility, the commissioner shall simultaneously serve a health order on the carrier ordering the carrier to remain in the treatment facility for treatment or examination.

Subd. 5. [DURATION OF DETENTION.] No carrier may be detained under subdivision 1 or 2 longer than 72 hours, excluding Saturdays, Sundays, and legal holidays, unless the court issues an order authorizing continued detention of the carrier pursuant to subdivision 7. A carrier may not be released prior to the expiration of the 72-hour hold without the express consent of the commissioner.

Subd. 7. [COURT ORDER EXTENDING 72-HOUR HOLD.] The court may extend the hold under subdivision 5 by up to six days, excluding Saturdays, Sundays, and legal holidays, if the court finds that there is probable cause to believe that the carrier is an endangerment to the public health. The court may find probable cause to detain, examine, and isolate the carrier based upon a written statement by facsimile or upon an oral statement by telephone from the carrier's attending physician or nurse, a public health physician or nurse, other licensed health professional, or disease prevention officer, stating the grounds and facts that demonstrate that the carrier is an endangerment to the public health, provided that an affidavit from such witness is filed with the court within 72 hours, excluding Saturdays, Sundays, and legal holidays. The order may be issued orally by telephone, or by facsimile, provided that a written order is issued within 72 hours, excluding Saturdays, Sundays, and legal holidays. The oral and written order shall contain a notice of the carrier's rights contained in section 144.4805, subdivision 3, clause (6). A carrier may not be released prior to the hold extended under this subdivision without the express consent of the commissioner.

Subd. 8. [APPOINTMENT OF COUNSEL.] If the carrier does not have counsel at the time the court issues an order to extend the hold under subdivision 7, the court shall promptly appoint counsel for the carrier.

Subd. 9. [IMMUNITY.] A disease prevention officer, peace officer, physician, licensed health professional, or treatment facility that acts in good faith under this section is immune from liability in any civil, administrative, disciplinary, or criminal action for acting under this section.

Sec. 10. [144.4808] [APPREHEND AND HOLD ORDER.]

Subdivision 1. [APPLICATION FOR APPREHEND AND HOLD ORDER.] The commissioner may make an ex parte application for an order to apprehend and hold a carrier who is not in a treatment facility if the commissioner has probable cause to believe that a carrier is:

(1) an endangerment to the public health; and

(2) either in imminent danger of exposing another person or persons to tuberculosis, or may flee or become unlocatable.

The commissioner shall file the application in the probate division of the district court of the county in which the carrier resides. The application may be filed orally by telephone or by facsimile, provided that a written application is filed within 72 hours, excluding Saturdays, Sundays, and legal holidays.

Subd. 2. [COURT ORDER TO APPREHEND AND HOLD.] The court may find probable cause to apprehend and hold the carrier based upon a written statement by facsimile or oral statement by telephone from the carrier's attending physician or nurse, a public health physician or nurse, other licensed health professional, or disease prevention officer, stating the grounds and facts that demonstrate that the carrier is an endangerment to the public health, provided that an affidavit from such witness is filed with the court within 72 hours, excluding Saturdays, Sundays, and legal holidays. The court may issue an order to a peace officer or to a disease prevention officer, or both to:

(1) apprehend and transport the carrier to a designated treatment facility, and detain the carrier until the carrier is admitted to the treatment facility; or

(2) apprehend and isolate the carrier.

The order may be issued orally by telephone, or by facsimile, provided that a written order is issued within 72 hours, excluding Saturdays, Sundays, and legal holidays. The oral and written order shall contain a notice of the carrier's rights contained in section 144.4805, subdivision 3, clause (6).

Subd. 3. [DURATION OF DETENTION.] A carrier may be detained under this subdivision up to six days, excluding Saturdays, Sundays, and legal holidays. A carrier may not be released prior to the expiration of the hold authorized under this section without the express consent of the commissioner.

Subd. 5. [APPOINTMENT OF COUNSEL.] If the carrier does not have counsel at the time the court issues an apprehend and hold order under subdivision 2, the court shall promptly appoint counsel for the carrier.

Subd. 6. [IMMUNITY.] A disease prevention officer, peace officer, physician, licensed health professional, or treatment facility that acts in good faith under this section is immune from liability in any civil, administrative, disciplinary, or criminal action for acting under this section.

Sec. 11. [144.4809] [PRELIMINARY HEARING.]

Subdivision 1. [GROUNDS FOR HEARING.] A party may petition the court for an order for enforcement of or relief from a health order or judicial order.

Subd. 2. [PETITION FOR PRELIMINARY HEARING.] The petitioning party shall serve on the commissioner and file in the probate division of the district court of the county in which the carrier or respondent resides a petition and notice of preliminary hearing. The court shall hold a preliminary hearing no later than 15 days from the date of the filing and service of the petition for a preliminary hearing. If a carrier detained under section 144.4807 or 144.4808 files a petition for a preliminary hearing, the hearing must be held no later than five days from the date of the filing and service of the petition, excluding Saturdays, Sundays, and legal holidays.

Subd. 3. [COMMISSIONER'S NOTICE OF HEARING.] If the commissioner petitions the court to enforce the health order, the notice of the preliminary hearing must contain the following information:

(1) the date, time, and place of the hearing;

(2) the right of the carrier to be represented by court-appointed counsel during any proceeding under sections 144.4801 to 144.4813;

(3) the right of the carrier or respondent to the assistance of an interpreter in any proceeding under sections 144.4801 to 144.4813;

(4) the right of the carrier or respondent to appear at the hearing;

(5) the right of the carrier or respondent to present and cross-examine witnesses;

(6) a statement of any disputed facts, or a statement of the nature of any other disputed matter; and

(7) the name and address of any witness that the petitioning party intends to call to testify at the hearing, and a brief summary of the witness' testimony.

Subd. 4. [CARRIER'S OR RESPONDENT'S NOTICE OF HEARING.] If the carrier or respondent petitions the court for relief from the health order or court order, the notice of preliminary hearing must contain the information in subdivision 3, clauses (1), (6), and (7).

Subd. 5. [DUTY TO COMMUNICATE.] (a) At least five days before the date of the preliminary hearing, excluding Saturdays, Sundays, and legal holidays, the nonpetitioning party shall respond to the petition for hearing by filing and serving on the petitioning party:

(1) a statement of any disputed facts, or a statement of the nature of any other disputed matter; and

(2) the name and address of any witness that the nonpetitioning party intends to call to testify at the hearing, and a brief summary of the witness' testimony.

If the carrier seeks release from an emergency hold ordered under section 144.4807, subdivision 7, or under section 144.4808, subdivision 2, the commissioner shall file and serve on the carrier's counsel the items in clauses (1) and (2) at least 48 hours prior to the preliminary hearing, excluding Saturdays, Sundays, and legal holidays.

Subd. 6. [HEARING ROOM IN TREATMENT FACILITY.] If the carrier is infectious, the treatment facility in which the carrier is sought to be detained or to which the carrier is sought to be removed shall make reasonable accommodations to provide a room where the hearing may be held that minimizes the risk of exposing persons attending the hearing to tuberculosis. If a room is not available at the treatment facility, the court may designate another location for the hearing.

Subd. 7. [STANDARD OF PROOF.] The commissioner must prove by a preponderance of the evidence that the carrier is an endangerment to the public health.

Subd. 8. [RULES OF EVIDENCE.] The court shall admit all reliable relevant evidence. Medical and epidemiological data must be admitted if it conforms with section 145.31, chapter 600, Minnesota Rules of Evidence, rule 803(6), or other statutes or rules that permit reliable evidence to be admitted in civil cases. The court may rely on medical and epidemiological data, including hearsay, if it finds that physicians and other licensed health professionals rely on the data in the regular course of providing health care and treatment.

Subd. 9. [SUFFICIENCY OF EVIDENCE.] It is a sufficient basis for the court to order continued confinement of the carrier or other preventive measures requested by the commissioner if reliable testimony is provided solely by the carrier's attending physician or nurse, a public health physician or nurse, other licensed health professional, or disease prevention officer.

Subd. 10. [FAILURE TO APPEAR AT HEARING.] If the carrier or respondent fails to appear at the hearing without prior court approval, the hearing may proceed without the carrier or respondent and the court may make its determination on the basis of all reliable evidence submitted at the hearing.

Sec. 12. [144.4810] [FINAL HEARING.]

Subdivision 1. [GROUNDS FOR HEARING.] After the preliminary hearing, the commissioner, carrier, or respondent may petition the court for relief from or enforcement of the court order issued pursuant to the preliminary hearing. The commissioner may petition the court for additional preventive measures if the carrier or respondent has not complied with the court order issued pursuant to the preliminary hearing. The petitioning party shall serve and file a petition and notice of hearing with the probate division of the district court. The court shall hold the final hearing no later than 15 days from the date of the filing and service of the petition for a final hearing.

Subd. 2. [NOTICE OF HEARING.] The notice of the final hearing must contain the same information as for the preliminary hearing in section 144.4809, subdivision 3 or 4.

Subd. 3. [DUTY TO COMMUNICATE.] The parties have a duty to communicate and exchange information as provided in section 144.4809, subdivision 5.

Subd. 4. [HEARING ROOM IN TREATMENT FACILITY.] The hearing room for the final hearing is governed by section 144.4809, subdivision 6.

Subd. 5. [STANDARD OF PROOF.] The commissioner must prove by clear and convincing evidence that the carrier is an endangerment to the public health.

Subd. 6. [RULES OF EVIDENCE.] The rules of evidence are governed by section 144.4809, subdivision 8.

Subd. 7. [SUFFICIENCY OF EVIDENCE.] The sufficiency of evidence is governed by section 144.4809, subdivision 9.

Subd. 8. [FAILURE TO APPEAR AT HEARING.] The failure of the carrier or respondent to appear at the hearing is governed by section 144.4809, subdivision 10.

Subd. 9. [RIGHT OF APPEAL.] The commissioner, carrier, or respondent may appeal the decision of the district court. The court of appeals shall hear the appeal within 60 days after filing and service of the notice of appeal.

Sec. 13. [144.4811] [PERIODIC REVIEW AND RELEASE FROM DETENTION.]

Subdivision 1. [PERIODIC REVIEW.] If the carrier has been detained in a treatment facility or has been isolated pursuant to a court order, the commissioner shall submit a report to the court, the carrier, and the carrier's counsel within 90 days of the date of the court-ordered detention and every 90 days thereafter, until the carrier is released. The report must state the treatment the carrier receives, whether the carrier is cured or noninfectious, and whether the carrier will continue to be detained. If the carrier contests the commissioner's determination for continued detention, the carrier may request a hearing. The hearing on continued detention is governed by the provisions for a final hearing under section 144.4810, excluding subdivision 5 of that section. The court shall order continued detention of the carrier if it finds that such detention is reasonable. This subdivision does not apply to consent orders or other confinement that has been voluntarily agreed upon by the parties.

Subd. 2. [CARRIER'S PETITION FOR RELEASE.] If the carrier is detained in a treatment facility or isolated pursuant to a court order, the carrier may make a good faith request for release from confinement prior to the 90-day review under subdivision 1 by filing a petition and notice of hearing with the court that ordered the confinement and by serving the petition and notice on the commissioner. The hearing on continued confinement is governed by the provisions for a final hearing under section 144.4810, excluding subdivision 5 of that section. The court shall order continued detention of the carrier if it finds that such detention is reasonable.

Subd. 3. [RELEASE FROM DETENTION BASED ON ORDER TO COMPEL EXAMINATION.] A carrier who has been detained in a treatment facility under a court order to compel the carrier to submit to a diagnostic tuberculosis examination shall be released only after:

(1) the commissioner determines that the carrier does not have active tuberculosis; or

(2) the commissioner determines that the carrier is not an endangerment to the public health.

Subd. 4. [RELEASE FROM DETENTION BASED ON ENDANGERMENT.] A carrier who is detained in a treatment facility or isolated under a court order because the carrier is an endangerment to the public health shall be released only after:

(1) the commissioner determines that the carrier is cured; or

(2) the commissioner determines that the carrier is no longer an endangerment to the public health.

Sec. 14. [144.4812] [COSTS OF CARE.]

The costs incurred by the treatment facility and other providers of services to diagnose or treat the carrier for tuberculosis must be borne by the carrier, the carrier's health plan, or public programs. During the period of insurance coverage, a health plan may direct the implementation of the care required by the health order or court order and shall pay at the contracted rate of payment, which shall be considered payment in full. Inpatient hospital services required by the health order or court order and covered by medical assistance or general assistance medical care are not billable to any other governmental entity. If the carrier cannot pay for treatment, and the carrier does not have public or private health insurance coverage, the carrier shall apply for financial assistance with the aid of the county. For persons not otherwise eligible for public assistance, the commissioner of human services shall determine what, if any, costs the carrier shall pay. The commissioner of human services shall make payments at the general assistance medical care rate, which will be considered payment in full.

Sec. 15. [144.4813] [DATA PRIVACY.]

Subdivision 1. [NONPUBLIC DATA.] Data on individuals contained in the health order are health data under section 13.38. Other data on individuals collected by the commissioner as part of an investigation of a carrier under sections 144.4801 to 144.4813 are investigative data under section 13.39.

Subd. 3. [RECORDS RETENTION.] A records retention schedule for records developed under sections 144.4801 to 144.4813 must be established pursuant to section 138.17, subdivision 7.

Sec. 16. [APPROPRIATION.]

$89,000 is appropriated from the general fund to the commissioner of human services for the fiscal biennium ending June 30, 1999, for the cost of care required to be paid by the commissioner, as described in section 14."

Amend the title as follows:

Page 1, line 7, after the semicolon, insert "appropriating money;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 824, A bill for an act relating to health; clarifying the status of the comprehensive health association under medical assistance and general assistance medical care; clarifying eligibility; opening the process for selecting a writing carrier; eliminating the four-month waiting period under MinnesotaCare for association enrollees; modifying coverage for medical assistance enrollees; transferring insurance premium tax revenue to the general fund; appropriating money; amending Minnesota Statutes 1996, sections 62E.02, subdivisions 13 and 18; 62E.11, by adding a subdivision; 62E.13, subdivision 2; 256.9357, subdivision 3; 256B.056, subdivision 8; 256B.0625, subdivision 15; 256D.03, subdivision 3b; and 295.58.

Reported the same back with the following amendments:

Page 7, after line 7, insert:

"(c) Paragraph (b) is effective for premium tax payments due for months beginning on or after July 1, 1997."

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:

518.1751; 518.179, subdivision 1; 518.195; 518.54, subdivision 6, and by adding a subdivision; 518.551, subdivisions 5b, 7, 12, 13, 14, and by adding a subdivision; 518.5511, subdivisions 1, 2, 3, 4, and by adding a subdivision; 518.5512, subdivisions 2, 3, and by adding subdivisions; 518.553; 518.575; 518.616, by adding a subdivision; 518.64, subdivision 2; 518.641, subdivision 2; 518.68, subdivision 2; 518C.101; 518C.204; 518C.205; 518C.207; 518C.301; 518C.304; 518C.305; 518C.310; 518C.401; 518C.501; 518C.603; 518C.605; 518C.608; 518C.611; 518C.612; 518C.701; 519.05; 548.091, subdivisions 1a, 2a, 3a, and by adding subdivisions; 550.37, subdivision 24; 609.375, by adding a subdivision; and 626.556, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 13B; 256; 518; 518C; and 552; repealing Minnesota Statutes 1996, sections 256.74; 256.979, subdivision 9; 256.996; 518.5511, subdivisions 5, 6, 7, 8, and 9; 518.611; 518.613; 518.645; 518C.502; 518C.9011; and 609.375, subdivisions 3, 4, and 6.

Reported the same back with the following amendments:

Page 13, line 34, after the period, insert "Child care support collections made pursuant to an assignment under subdivision 2, paragraph (c), shall be transferred, subject to any limitations of federal law, from the commissioner of human services to the commissioner of children, families, and learning and dedicated to the child care fund under chapter 119B. These collections are in addition to state and federal funds appropriated to the child care fund."

Page 51, after line 12, insert:

"Sec. 52. Minnesota Statutes 1996, section 518.551, is amended by adding a subdivision to read:

Subd. 5e. [ADJUSTMENT TO SUPPORT ORDER.] A support order issued under this section may provide that during any period of time of 30 consecutive days or longer that the child is residing with the noncustodial parent, the amount of support otherwise due under the order is reduced by up to 50 percent."

Page 51, line 30, delete "and" and insert a comma

Page 51, line 31, before the period, insert ", and minor parents"

Page 79, after line 20, insert:

"Sec. 70. Minnesota Statutes 1996, section 518.5852, is amended to read:

518.5852 [CENTRAL COLLECTIONS UNIT.]

The commissioner of human services shall create and maintain a central collections unit for the purpose of receiving, processing, and disbursing payments, and for maintaining a record of payments, in all cases in which:

(1) the state or county is a party;

(2) the state or county provides child support enforcement services to a party; or

(3) payment is collected through income withholding.

The commissioner of human services may contract for services to carry out these provisions, provided that the commissioner first meets and negotiates with the affected exclusive representatives."

Page 138, delete lines 4 to 7

Page 138, line 8, delete "Subd. 2." and insert "Subdivision 1." and delete "$......." and insert "$150,000"

Page 138, line 11, after the period, insert "Any balance in the first year does not cancel but is available in the second year."

Page 138, delete line 12, and insert "Subd. 2. [MOST WANTED PROGRAM.] $68,000 is appropriated from"

Page 138, line 13, after "fund" insert "to the commissioner of human services. The commissioner shall transfer this amount" and delete "fiscal year 1998" and insert "the biennium ending June 30, 1999,"

Page 138, line 14, after the period, insert "Any balance in the first year does not cancel but is available in the second year."

Page 138, line 16, delete "68, and 100 to 110" and insert "69, and 102 to 112"

Page 138, line 17, delete everything after "Section" and insert "104"

Page 138, line 19, delete "56, and 67" and insert "57, and 68"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 32, delete "a subdivision" and insert "subdivisions"

Page 1, line 34, after "518.575;" insert "518.5852;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1657, A bill for an act relating to children; child protection; providing a uniform process for children in need of protection or services petitions; providing certain notice in voluntary placements; providing for access to certain data on children; providing for contact and communication agreements in adoption; modifying the reasonable efforts requirement when a child has been placed outside the home; clarifying and modifying time requirements for permanency planning; providing earlier notice to relatives of permanency planning for a child; modifying grounds for termination of parental rights; appropriating money; amending Minnesota Statutes 1996, sections 256E.03, subdivision 2; 257.071, subdivisions 3, 4, and by adding subdivisions; 257.072, subdivision 1; 259.41; 259.59, by adding a subdivision; 259.67, subdivision 2; 260.012; 260.015, subdivisions 2a and 29; 260.131, subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, by adding a subdivision; 260.165, subdivision 3; 260.191, subdivisions 3a, 3b, and 4; 260.192; 260.221, subdivisions 1 and 5; and 260.241, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 257; and 259; repealing Minnesota Statutes 1996, section 259.33.

Reported the same back with the following amendments:

Page 3, line 31, delete "13.45" and insert "13.42"

Page 4, delete lines 8 to 11

Page 4, line 12, delete "(3)" and insert "(2)"

Page 4, line 17, delete "(4)" and insert "(3)"

Page 4, line 30, delete "(6)" and insert "(5)"

Page 19, line 15, reinstate the stricken language

Page 19, line 17, delete "; or"

Page 19, delete lines 18 to 21

Page 19, line 22, delete everything before the period

Page 19, line 26, strike "desirable" and insert "appropriate"

Page 26, line 12, delete "16" and insert "ten"

Page 34, after line 26, insert:

"Sec. 34. [COURT CONTINUITY AND CASE MANAGEMENT.]

The chief judges of the district courts, in consultation with the state court administrator, shall develop case management systems so that one judge hears all phases of a proceeding on a child in need of protection or services, including permanent placement or adoption, if any. The chief judges shall consider the "one judge, one family" model and the experience of the Ramsey county pilot project.

Sec. 35. [SOCIAL SERVICE CONTINUITY.]

Whenever feasible, managers and directors of local social service agencies should promote continuity and reduce delays in a case by assigning one person until it concludes in reunification or a permanent placement plan."

Pages 35 and 36, delete sections 36 to 38

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 13, delete "appropriating money" and insert "providing for juvenile code recodification and adoptive and foster family recruitment; providing for court and social service continuity"

With the recommendation that when so amended the bill pass.

The report was adopted.

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

H. F. No. 1863, A bill for an act relating to agriculture; establishing task force to make recommendations on modifications to the agricultural marketing and bargaining law.

Reported the same back with the following amendments:

Page 2, line 13, delete "December 15, 1997" and insert "January 15, 1998"

With the recommendation that when so amended the bill pass.

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

S. F. No. 960, A bill for an act relating to health care; prohibiting contracts that restrict communication between providers and their patients; requiring certain disclosures; requiring health plan companies to provide continuity of care and access to specialty care for certain enrollees; prohibiting certain exclusive arrangements; modifying dispute resolution provisions; requiring identification of health care providers; requiring emergency services coverage; establishing a consumer advisory board; amending Minnesota Statutes 1996, sections 62Q.105, subdivision 1; 62Q.30; 181.932, subdivision 1; and 214.16, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 62J; 62Q; and 144.

Reported the same back with the following amendments:

Page 2, lines 32 and 36, delete "insurance" and insert "insurer"

Page 4, line 13, delete "or" and after "certificate" insert "of coverage, or other written enrollee communication" and delete "Upon"

Page 4, line 14, delete "request, a health plan company or provider must" and insert "Health plan companies and providers must, upon request,"

Page 4, line 29, before "This" insert "Health plan companies and providers may enter into agreements to determine how to respond to enrollee or patient requests received by either the provider or the health plan company."

Page 4, line 36, delete "compares" and insert "explicitly makes a comparison of"

Page 5, line 13, delete "and health"

Page 5, delete line 14

Page 5, line 19, delete "(a)"

Page 5, line 20, delete everything after "company" and insert "shall contain on its declaration page the following statement:

Minnesota law requires that this policy or contract include this paragraph disclosing the loss ratio. The loss ratio is the average percentage of premiums that is expected to be paid for health care for the enrollee. This policy or contract is expected to have a loss ratio of (fill in the estimated loss ratio accepted by the commissioner). The lowest expected loss ratio permitted by state law for this policy contract is (fill in applicable minimum loss ratio)."

Page 5, delete lines 21 to 32

Page 6, line 35, after the period, insert "All due process rights afforded under chapter 14 apply to this section."

Page 7, line 6, delete "shall" and insert "may"

Page 7, line 13, after "either" insert "the provision of"

Page 7, line 14, before the comma, insert "or in an activity directly related to the provision of health care services"

Page 7, line 15, delete "and"

Page 7, line 16, before the period, insert "; and

Page 10, line 3, delete "insurance" and insert "insurer"

Page 10, lines 7 and 8, after "If" delete "a health plan company requires an enrollee" and insert "enrollees are required"

Page 12, line 14, delete "standing"

Page 12, line 15, delete everything after "procedures"

Page 12, line 16, delete "specialist"

Page 12, line 28, after the period, insert "The failure to wear a name tag is not reportable under chapter 214."

Page 13, line 11, delete everything after "(d)" and insert " the employee, in good faith, reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider places the public at risk of harm."

Page 13, delete lines 12 to 17

Page 14, line 19, after "board" insert "and other affected parties"

Page 14, delete lines 24 to 27 and insert:

"Sections 3, 17, and 18 are effective January 1, 1998, and apply to contracts entered into or renewed on or after the effective date. Sections 8, 9, 10, 11, 16, and 20 are effective the day following final enactment. Sections 4, 5, 12, 13, and 14 are effective January 1, 1998, and apply to contracts or coverage issued or renewed on or after the effective date."

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

The report was adopted.

H. F. Nos. 354, 555, 824, 925, 1657 and 1863 were read for the second time.

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 211, A bill for an act relating to telecommunications; authorizing the installation of extended area service within combined school districts.

H. F. No. 179, A bill for an act relating to drivers' licenses; providing for designation of advance health care directives on drivers' licenses and Minnesota identification cards; amending Minnesota Statutes 1996, sections 171.06, subdivision 3; and 171.07, subdivision 7.

Mr. Speaker:

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

H. F. No. 889, A bill for an act relating to housing; providing for changes in rights of parties to mobile home park rentals; amending Minnesota Statutes 1996, sections 327C.02, subdivision 5; 327C.07, subdivision 2; and 327C.09, subdivision 4.

H. F. No. 949, A bill for an act relating to the environment; making manufacturers of electric relays or other electrical devices responsible for the waste management costs of these devices; amending Minnesota Statutes 1996, sections 115A.932, subdivision 1; and 116.92, subdivision 3, and by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 1301, A bill for an act relating to local government; defining the department's classified service under a merged Saint Paul and Ramsey county department of public health; amending Minnesota Statutes 1996, section 383A.288, subdivisions 3 and 4.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 865, 854, 157, 890, 839, 1266 and 1170.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 780, 1000, 569, 351, 536 and 1470.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 865, A bill for an act relating to commerce; regulating rental-purchase agreements; modifying the definitions of certain terms; providing evidence of the cash price of property; limiting charges for cost-of-lease services; amending Minnesota Statutes 1996, sections 325F.84, subdivision 3, and by adding a subdivision; 325F.85; 325F.86; and 325F.91, by adding subdivisions.

The bill was read for the first time.

S. F. No. 854, A bill for an act relating to public employment; providing rights and procedures for certain public employees of local government units who are displaced as a result of a transfer of the provision of services from one local government unit to another local government unit; proposing coding for new law in Minnesota Statutes, chapter 465.

The bill was read for the first time.

Koskinen moved that S. F. No. 854 and H. F. No. 1078, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 157, A bill for an act relating to state government; rulemaking; enacting, eliminating, continuing, or modifying certain exemptions from the rulemaking requirements of the administrative procedures act; making technical and conforming changes; amending Minnesota Statutes 1996, sections 3.305, by adding a subdivision; 14.03, subdivision 3, and by adding a subdivision; 14.386; 14.47, subdivision 1; 15.50, subdivision 2; 16A.632, subdivision 2; 16A.641, subdivision 4; 16A.671, subdivision 5; 16B.18, subdivision 3; 16D.11, subdivision 7; 17.03, subdivision 10; 17.54, subdivision 4; 17.56, subdivision 2; 17.57, subdivision 1; 17.64, subdivision 2; 18.022, subdivision 9; 18.0227, subdivision 3; 32.394, subdivision 12; 41B.07; 41C.13; 43A.182; 48.221; 50.175, subdivision 2; 51A.361; 52.17, subdivision 2; 53.07, subdivision 1; 60A.13, subdivision 6; 60K.19, subdivision 6; 61B.21, subdivision 1; 62E.10, subdivision 8; 62J.04, subdivision 1; 62J.152, subdivision 4; 62J.61; 62L.13, subdivision 3; 62N.23; 62N.25, subdivision 6; 65B.28, subdivision 3; 79.34, subdivisions 1 and 2a; 79.362; 84.98, subdivision 2; 85.045, subdivision 3; 85A.02, subdivision 5b; 85A.05, subdivision 2; 88.80, subdivision 2; 97A.085, subdivision 4a; 115A.11, subdivision 2; 115A.20; 115A.58, subdivision 2; 116.17, subdivision 2; 116.44, subdivision 1; 116C.06, subdivision 1; 116O.05, subdivision 3; 123.3514, subdivision 8; 124.41, subdivision 2; 124.46, subdivision 2; 124.648, subdivision 3; 128C.02, subdivision 4; 129C.10, subdivision 3; 136A.40; 145.925, subdivision 9; 147A.26; 148B.66, subdivision 3; 148C.03, subdivision 1; 150A.04, subdivision 5; 152.02, subdivision 12; 153A.15, subdivision 3; 161.1231, subdivision 5; 167.50, subdivision 2; 169.06, subdivision 1; 169.452; 169.99, subdivision 2; 171.321, subdivision 2; 174.51, subdivision 2; 176.102, subdivision 2; 176.136, subdivision 1a; 176A.08; 182.655, subdivision 1; 216D.03, subdivision 2; 240A.02, subdivision 2; 244.13, subdivision 1; 245.494, subdivision 1; 245A.09, subdivision 10; 256.027; 256.9357, subdivision 3; 256.9685, subdivision 1; 256.969, subdivision 3a; 256B.431, subdivision 2e; 256B.434, subdivision 12; 256B.501, subdivision 10; 256B.502; 256B.503; 273.112, subdivision 6a; 299F.093, subdivision 1; 325F.665, subdivision 6; 346.58; 347.51, subdivision 2a; 401.03; 458A.03, subdivision 2; 474A.17; 475A.06, subdivision 2; 507.09; 518.14, subdivision 2; 518.611, subdivision 9; 518.613, subdivision 6; 518.64, subdivision 5; 518.641, subdivision 4; 624.22, subdivision 1; and 624.7151; Laws 1988, chapter 688, article 21, section 7, subdivision 1; and Laws 1991, chapter 265, article 4, section 28; proposing coding for new law in Minnesota Statutes, chapters 14; and 128C; repealing Minnesota Statutes 1996, sections 14.38, subdivisions 5, 6, 7, 8, and 9; 14.387; 126.56, subdivision 8; 214.06, subdivision 3; 469.173, subdivision 2; and 469.308, subdivision 2.

The bill was read for the first time.

Leppik moved that S. F. No. 157 and H. F. No. 197, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 890, A bill for an act relating to motor vehicles; providing for regulation and licensing of motor vehicle brokers; amending Minnesota Statutes 1996, section 168.27, subdivisions 1, 2, 10, 11, 12, 19a, 24, and by adding a subdivision.

The bill was read for the first time.

Entenza moved that S. F. No. 890 and H. F. No. 890, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 839, A bill for an act relating to employment; modifying bond requirements for certain search firms; amending Minnesota Statutes 1996, section 184.30, subdivision 1.

The bill was read for the first time.

S. F. No. 1266, A bill for an act relating to local government; authorizing town electors to require the removal of snow or ice from town roads in certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 366.

The bill was read for the first time.

Dehler moved that S. F. No. 1266 and H. F. No. 1313, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1170, A bill for an act relating to elections; precinct caucus; authorizing certain minors to be elected a delegate or officer at the precinct caucus; amending Minnesota Statutes 1996, section 202A.16, subdivision 1.

The bill was read for the first time.

Dawkins moved that S. F. No. 1170 and H. F. No. 703 now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 780, A bill for an act relating to the environment; modifying requirements for mercury testing in incinerator emissions; amending Minnesota Statutes 1996, section 116.85, subdivision 1.

The bill was read for the first time.

Kahn moved that S. F. No. 780 and H. F. No. 742, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1000, A bill for an act relating to professions; modifying certain board of psychology requirements relating to education and supervision; amending Minnesota Statutes 1996, sections 148.907, subdivisions 2 and 4; 148.908, subdivision 2; and 148.925, subdivision 7.

The bill was read for the first time.

Mulder moved that S. F. No. 1000 and H. F. No. 1071, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 569, A bill for an act relating to public safety; clarifying tax exemptions for implements of husbandry; increasing speed limit for towing heavy farm trailers not equipped with brakes; amending Minnesota Statutes 1996, sections 168.012, subdivision 2; 168A.01, subdivision 8; 169.01, subdivision 55; 169.145; 169.522, subdivision 1; and 169.801, subdivision 1.

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

S. F. No. 351, A bill for an act relating to administrative rules; assigning responsibility for legislative review of administrative rules to the legislative coordinating commission; abolishing authority to suspend rules without enactment of a statute; amending Minnesota Statutes 1996, sections 3.841; 3.842, subdivisions 2 and 4a; 3.843; 14.05, subdivision 5; 14.131; 14.14, subdivision 1a; 14.15, subdivision 4; 14.18, subdivision 1; 14.19; 14.22, subdivision 1; 14.225; 14.23; 14.26, subdivisions 1 and 3; and 14.47, subdivision 6; repealing Minnesota Statutes 1996, sections 3.842, subdivisions 4, 5, 6, and 7; 3.844; 3.845; and 15.065.

The bill was read for the first time.

S. F. No. 536, A bill for an act relating to public nuisances; adding to the definition of nuisance and the list of acts constituting a public nuisance; amending Minnesota Statutes 1996, sections 617.81, subdivision 2; and 617.88.

The bill was read for the first time.

Wejcman moved that S. F. No. 536 and H. F. No. 932, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1470, A bill for an act relating to cities of the first class; modifying provisions concerning neighborhood revitalization programs; amending Minnesota Statutes 1996, section 469.1831.

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

The Speaker called Wejcman to the Chair.

S. F. No. 145 was reported to the House.

Jefferson and Wolf moved to amend S. F. No. 145 as follows:

Page 80, after line 15, insert:

"Sec. 78. [WAITING PERIOD WAIVER.]

Subdivision 1. [WAIVER OF WAITING PERIOD.] The waiting period requirement under Minnesota Statutes, section 268.08, subdivision 1, clause (4), is waived for a claimant who would have been eligible for federal disaster unemployment assistance but for the claimant's establishment of a reemployment insurance account. The waiver applies to accounts established effective March 23, 1997, through May 31, 1997.

Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Wolf and Jefferson moved to amend S. F. No. 145, as amended, as follows:

Page 59, line 32, after the period, insert: "If requested, the representative of a commissioner shall make available a device for listening to the recording."

The motion prevailed and the amendment was adopted.

268.101, subdivisions 2, 3, 4, and by adding a subdivision; 268.105; 268.11, subdivision 3; 268.12, subdivisions 8 and 9a; 268.121; 268.14, subdivision 1; 268.16, subdivision 2; 268.161, subdivisions 4, 6, and 7; 268.167; 268.18, subdivisions 1, 2, 3, 4, 6, and by adding a subdivision; and 268.21; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1996, sections 268.026; 268.04, subdivisions 8, 13, 14, 20, 21, 32, and 35; 268.06, subdivisions 2, 4, 5, 30, and 33; 268.073, subdivision 7; 268.09, subdivisions 1, 2, 4, 5, 6, 7, and 8; 268.12, subdivisions 2, 4, 5, 7, and 11; 268.14, subdivisions 3 and 4; 268.16, subdivision 8; 268.161, subdivision 3; 268.165; and 268.18, subdivision 5.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

	KrinkieOlson, M.

The bill was passed, as amended, and its title agreed to.

H. F. No. 1692, A resolution memorializing Congress to recognize Earth Day as a national day of environmental service and education and establishing Earth Day as a state day of environmental service and education.

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 115 yeas and 11 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Johnson, R.	McCollum	Peterson	Tingelstad
Bakk	Farrell	Juhnke	McElroy	Pugh	Tomassoni
Bettermann	Finseth	Kalis	McGuire	Rest	Tompkins
Biernat	Folliard	Kelso	Milbert	Rhodes	Trimble
Bishop	Garcia	Kielkucki	Mulder	Rifenberg	Tuma
Boudreau	Goodno	Kinkel	Mullery	Rostberg	Tunheim
Bradley	Greenfield	Knoblach	Munger	Rukavina	Vickerman
Broecker	Greiling	Koskinen	Murphy	Schumacher	Wagenius
Carlson	Gunther	Kraus	Ness	Seagren	Weaver
Chaudhary	Haas	Kubly	Nornes	Sekhon	Wejcman
Clark	Harder	Kuisle	Olson, E.	Skare	Wenzel
Daggett	Hasskamp	Larsen	Opatz	Skoglund	Westfall
Davids	Hausman	Leighton	Orfield	Slawik	Westrom
Dawkins	Hilty	Leppik	Osskopp	Solberg	Winter
Dehler	Holsten	Lieder	Otremba	Stanek	Spk. Carruthers
Delmont	Huntley	Luther	Ozment	Stang
Dempsey	Jaros	Macklin	Paulsen	Sviggum
Dorn	Jefferson	Mahon	Pawlenty	Swenson, D.
Journal of the House - 44th Day - Top of Page 2823
Entenza	Jennings	Mares	Paymar	Swenson, H.
Erhardt	Johnson, A.	Marko	Pelowski	Sykora

Those who voted in the negative were:

Anderson, B.	Koppendrayer	Lindner	Reuter	Smith	Workman
Knight	Krinkie	Molnau	Seifert	Wolf

The bill was passed and its title agreed to.

The Speaker resumed the Chair.

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2158.

H. F. No. 2158 was reported to the House.

Trimble and Gunther moved to amend H. F. No. 2158, the first engrossment, as follows:

Page 29, after line 22, after "distribution" insert ", including a credit against premiums under section 79.3615,"

Page 29, line 24, after "distribution" insert ", including a credit against premiums under section 79.3615,"

Page 29, line 25, before the period insert ", other than a loan made by the state board of investment"

Page 35, line 9, delete "(a)"

Page 35, delete lines 26 to 28

Page 35, line 33, after "available" insert "as a loan"

Erhardt moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 32, line 25, strike "$60" and insert "$40"

Page 32, line 26, strike "$60" and insert "$40"

Page 36, after line 7, insert:

"Sec. 54. Minnesota Statutes 1996, section 80A.28, subdivision 2, is amended to read:

Subd. 2. Every applicant for an initial or renewal license shall pay a filing fee of $200 $100 in the case of a broker-dealer, $50 $25 in the case of an agent, and $100 $50 in the case of an investment adviser. When an application is denied or withdrawn, the filing fee shall be retained. A licensed agent who has terminated employment with one broker-dealer shall, before beginning employment with another broker-dealer, pay a transfer fee of $25."

Page 36, line 12, strike "$150" and insert "$75"

Page 36, line 13, strike "$100" and insert "$50"

Page 36, line 14, strike "$70" and insert "$35"

Page 36, line 15, strike "$40" and insert "$20"

Page 36, line 16, strike "$85" and insert "$45"

Page 36, line 17, strike "$60" and insert "$30"

Page 36, line 18, strike "$150" and insert "$75"

Page 36, line 19, strike "$100" and insert "$50"

Page 37, line 4, strike "$150" and insert "$75"

Page 37, line 5, strike "$100" and insert "$50"

Page 37, line 6, strike "$100" and insert "$50"

Page 47, line 19, strike "$75" and insert "$65"

Page 47, after line 27, insert:

"Sec. 74. Minnesota Statutes 1996, section 359.01, subdivision 3, is amended to read:

Subd. 3. [FEES.] (a) When making application for a commission the applicant must submit, along with the information required by the commissioner, a nonrefundable fee of $40 $10.

(b) All fees shall be retained by the commissioner and are nonreturnable, except that an overpayment of a fee is the subject of a refund upon proper application."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Erhardt amendment and the roll was called.

Pursuant to rule 2.05, Harder requested that she be excused from voting on the Erhardt amendment to H. F. No. 2158, the first engrossment, as amended. The request was granted by the Speaker.

There were 60 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Kraus	Mulder	Rostberg	Tingelstad
Anderson, B.	Dempsey	Krinkie	Ness	Seagren	Tompkins
Bettermann	Erhardt	Kuisle	Nornes	Seifert	Tuma
Bishop	Finseth	Larsen	Osskopp	Smith	Van Dellen
Boudreau	Goodno	Leppik	Otremba	Stanek	Vickerman
Bradley	Haas	Lindner	Paulsen	Stang	Weaver
Broecker	Holsten	Macklin	Pawlenty	Sviggum	Westfall
Commers	Kielkucki	Mares	Reuter	Swenson, D.	Westrom
Daggett	Knight	McElroy	Rhodes	Swenson, H.	Wolf
Davids	Koppendrayer	Molnau	Rifenberg	Sykora	Workman

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, R.	Luther	Osthoff	Slawik
Bakk	Garcia	Juhnke	Mahon	Ozment	Solberg
Biernat	Greenfield	Kahn	Marko	Paymar	Tomassoni
Carlson	Greiling	Kalis	McCollum	Pelowski	Trimble
Chaudhary	Gunther	Kelso	McGuire	Peterson	Tunheim
Clark	Hausman	Kinkel	Milbert	Pugh	Wagenius
Dawkins	Hilty	Knoblach	Mullery	Rest	Wejcman
Delmont	Huntley	Koskinen	Munger	Rukavina	Wenzel
Dorn	Jaros	Kubly	Murphy	Schumacher	Winter
Entenza	Jefferson	Leighton	Olson, E.	Sekhon	Spk. Carruthers
Evans	Jennings	Lieder	Opatz	Skare
Farrell	Johnson, A.	Long	Orfield	Skoglund

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

Sviggum moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 99, after line 36, insert:

"Sec. 8. [GENERAL FUND REDUCTION.]

Each general fund appropriation in this act shall be reduced by four percent for each fiscal year and the money shall be returned to the general fund and the taxpayers of the state of Minnesota and the section and subdivision totals adjusted accordingly."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Sviggum amendment and the roll was called. There were 61 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Kraus	Nornes	Smith	Vickerman
Anderson, B.	Erhardt	Krinkie	Olson, M.	Stanek	Weaver
Bettermann	Finseth	Kuisle	Osskopp	Stang	Westfall
Bishop	Goodno	Larsen	Ozment	Sviggum	Westrom
Boudreau	Haas	Lindner	Paulsen	Swenson, D.	Wolf
Bradley	Harder	Macklin	Pawlenty	Swenson, H.	Workman
Broecker	Holsten	Mares	Reuter	Sykora
Commers	Kielkucki	McElroy	Rifenberg	Tingelstad
Daggett	Knight	Molnau	Rostberg	Tompkins
Davids	Knoblach	Mulder	Seagren	Tuma
Dehler	Koppendrayer	Ness	Seifert	Van Dellen

Those who voted in the negative were:

Anderson, I.	Garcia	Johnson, R.	Mahon	Paymar	Tomassoni
Biernat	Greenfield	Juhnke	Marko	Pelowski	Trimble
Carlson	Greiling	Kahn	McCollum	Peterson	Tunheim
Chaudhary	Gunther	Kalis	McGuire	Pugh	Wagenius
Clark	Hasskamp	Kelso	Milbert	Rest	Wejcman
Dawkins	Hausman	Kinkel	Mullery	Rhodes	Wenzel
Delmont	Hilty	Koskinen	Munger	Rukavina	Winter
Dorn	Huntley	Kubly	Murphy	Schumacher	Spk. Carruthers
Entenza	Jaros	Leighton	Opatz	Skare
Evans	Jefferson	Leppik	Orfield	Skoglund
Farrell	Jennings	Long	Osthoff	Slawik
Folliard	Johnson, A.	Luther	Otremba	Solberg

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

Reuter moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 49, after line 14, insert:

"Sec. 76. [YEAR 2000 READY.]

Any computer software or hardware that is purchased with money appropriated in this bill must be year 2000 ready."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

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

Bettermann moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 35, delete section 52

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Bettermann amendment and the roll was called. There were 60 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Knight	Mares	Rhodes	Sykora
Anderson, B.	Dempsey	Knoblach	McElroy	Rifenberg	Tingelstad
Bettermann	Erhardt	Koppendrayer	Molnau	Rostberg	Tuma
Bishop	Finseth	Kraus	Mulder	Seagren	Van Dellen
Boudreau	Goodno	Krinkie	Ness	Seifert	Vickerman
Bradley	Gunther	Kuisle	Nornes	Stanek	Weaver
Broecker	Haas	Larsen	Olson, M.	Stang	Westfall
Commers	Harder	Leppik	Paulsen	Sviggum	Westrom
Daggett	Holsten	Lindner	Pawlenty	Swenson, D.	Wolf
Davids	Kielkucki	Macklin	Reuter	Swenson, H.	Workman

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, R.	Mahon	Otremba	Smith
Bakk	Garcia	Juhnke	Marko	Ozment	Solberg
Biernat	Greenfield	Kahn	McCollum	Paymar	Tomassoni
Carlson	Greiling	Kalis	McGuire	Pelowski	Trimble
Chaudhary	Hasskamp	Kelso	Milbert	Peterson	Tunheim
Clark	Hausman	Kinkel	Mullery	Pugh	Wagenius
Dawkins	Hilty	Koskinen	Munger	Rest	Wejcman
Delmont	Huntley	Kubly	Murphy	Rukavina	Wenzel
Dorn	Jaros	Leighton	Olson, E.	Sekhon	Winter
Entenza	Jefferson	Lieder	Orfield	Skare	Spk. Carruthers
Evans	Jennings	Long	Osskopp	Skoglund
Farrell	Johnson, A.	Luther	Osthoff	Slawik

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

Molnau moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 11, delete lines 25 to 33

Adjust totals accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

The question was taken on the Molnau amendment and the roll was called. There were 58 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Kraus	Ness	Rostberg	Tingelstad
Anderson, B.	Erhardt	Krinkie	Nornes	Seagren	Tuma
Bettermann	Finseth	Kuisle	Olson, M.	Seifert	Van Dellen
Bishop	Haas	Larsen	Osskopp	Smith	Weaver
Boudreau	Harder	Leppik	Ozment	Stanek	Westfall
Bradley	Holsten	Lindner	Paulsen	Stang	Westrom
Broecker	Kielkucki	Macklin	Pawlenty	Sviggum	Wolf
Commers	Knight	McElroy	Reuter	Swenson, D.	Workman
Daggett	Knoblach	Molnau	Rhodes	Swenson, H.
Davids	Koppendrayer	Mulder	Rifenberg	Sykora

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, A.	Mahon	Otremba	Tomassoni
Bakk	Garcia	Johnson, R.	Mares	Paymar	Trimble
Biernat	Goodno	Juhnke	Marko	Pelowski	Tunheim
Carlson	Greenfield	Kahn	McCollum	Peterson	Wagenius
Chaudhary	Greiling	Kalis	McGuire	Pugh	Wejcman
Clark	Gunther	Kelso	Milbert	Rest	Wenzel
Dawkins	Hasskamp	Kinkel	Mullery	Rukavina	Winter
Delmont	Hausman	Koskinen	Munger	Schumacher	Spk. Carruthers
Dempsey	Hilty	Kubly	Murphy	Sekhon
Dorn	Huntley	Leighton	Olson, E.	Skare
Entenza	Jaros	Lieder	Opatz	Skoglund
Evans	Jefferson	Long	Orfield	Slawik
Farrell	Jennings	Luther	Osthoff	Solberg

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

Rifenberg moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 8, line 30, after the period insert "The natural resources institute shall by February 1, 1998, develop and submit to the legislature a business plan that includes (1) a plan for maximizing patent rights and royalties in which the institute has a financial interest, and (2) a timeline for achieving self-sufficiency."

The motion prevailed and the amendment was adopted.

The Speaker resumed the Chair.

Sviggum moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 99, after line 36, insert:

"Sec. 8. [GENERAL FUND REDUCTION.]

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Trimble, Marko, Solberg and Peterson moved to amend the Sviggum amendment to H. F. No. 2158, the first engrossment, as amended, as follows:

Page 1, delete lines 5 and 6

Page 1, line 7, delete "be used" and insert "$20,000,000 is appropriated from the budget reserve in the general fund"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 126 yeas and 6 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Bradley	Dawkins	Kalis	Olson, M.	Osskopp

The motion prevailed and the amendment to the amendment was adopted.

Sviggum withdrew his amendment, as amended, to H. F. No. 2158, the first engrossment, as amended.

Kraus moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Pages 81 and 82, delete sections 5 to 7

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kraus amendment and the roll was called. There were 47 yeas and 81 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Koppendrayer	McElroy	Seagren	Van Dellen
Anderson, B.	Finseth	Kraus	Ness	Smith	Vickerman
Anderson, I.	Goodno	Kuisle	Osskopp	Stanek	Weaver
Bettermann	Gunther	Leppik	Ozment	Stang	Westfall
Boudreau	Haas	Lindner	Pawlenty	Sviggum	Westrom
Commers	Holsten	Macklin	Peterson	Swenson, D.	Wolf
Daggett	Juhnke	Mares	Reuter	Swenson, H.	Workman
Davids	Knoblach	Marko	Rifenberg	Tuma

Those who voted in the negative were:

Bakk	Evans	Johnson, R.	McGuire	Paulsen	Solberg
Biernat	Farrell	Kahn	Milbert	Paymar	Sykora
Bishop	Folliard	Kalis	Molnau	Pelowski	Tingelstad
Bradley	Garcia	Kielkucki	Mulder	Pugh	Tomassoni
Broecker	Greenfield	Kinkel	Mullery	Rest	Trimble
Carlson	Greiling	Knight	Munger	Rhodes	Tunheim
Chaudhary	Harder	Koskinen	Murphy	Rostberg	Wagenius
Clark	Hasskamp	Kubly	Nornes	Rukavina	Wejcman
Dawkins	Hausman	Leighton	Olson, E.	Schumacher	Wenzel
Dehler	Hilty	Lieder	Olson, M.	Seifert	Winter
Delmont	Huntley	Long	Opatz	Sekhon	Spk. Carruthers
Dempsey	Jaros	Luther	Orfield	Skare
Dorn	Jefferson	Mahon	Osthoff	Skoglund
Entenza	Johnson, A.	McCollum	Otremba	Slawik

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

Bettermann moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Pages 34 and 35, delete section 51

Pages 35 and 36, delete section 53

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Bettermann amendment and the roll was called. There were 57 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Knoblach	Mulder	Seagren	Van Dellen
Anderson, B.	Erhardt	Koppendrayer	Nornes	Seifert	Vickerman
Bettermann	Finseth	Kraus	Olson, M.	Stanek	Weaver
Bishop	Goodno	Krinkie	Osskopp	Stang	Westfall
Boudreau	Gunther	Kuisle	Paulsen	Sviggum	Westrom
Bradley	Haas	Leppik	Pawlenty	Swenson, D.	Wolf
Broecker	Harder	Lindner	Reuter	Swenson, H.	Workman
Commers	Holsten	Macklin	Rhodes	Sykora
Daggett	Kielkucki	McElroy	Rifenberg	Tingelstad
Davids	Knight	Molnau	Rostberg	Tuma

Those who voted in the negative were:

Anderson, I.	Folliard	Juhnke	McCollum	Paymar	Tomassoni
Bakk	Garcia	Kahn	McGuire	Pelowski	Trimble
Biernat	Greenfield	Kalis	Milbert	Peterson	Tunheim
Carlson	Greiling	Kelso	Mullery	Pugh	Wagenius
Chaudhary	Hasskamp	Kinkel	Munger	Rest	Wejcman
Clark	Hausman	Koskinen	Murphy	Rukavina	Wenzel
Dawkins	Hilty	Kubly	Ness	Schumacher	Winter
Delmont	Huntley	Leighton	Olson, E.	Sekhon	Spk. Carruthers
Dempsey	Jaros	Lieder	Opatz	Skare
Dorn	Jefferson	Long	Orfield	Skoglund
Entenza	Jennings	Luther	Osthoff	Slawik
Evans	Johnson, A.	Mahon	Otremba	Smith
Farrell	Johnson, R.	Marko	Ozment	Solberg

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

Westrom moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 9, after line 23, insert:

"A person may not serve more than a total of six years as a member of the rehabilitation advisory council for the blind or its predecessor, the council for the blind. Service prior to the effective date of this section is included in the six-year limit, except that a person currently serving on the rehabilitation advisory council for the blind may serve out the person's current term and serve one additional term."

The motion prevailed and the amendment was adopted.

Bettermann offered an amendment to H. F. No. 2158, the first engrossment, as amended.

Sykora moved to amend H. F. No. 2158, the first engrossment, as amended, as follows:

Page 3, line 56, delete "$100,000" and insert "$50,000"

Page 3, line 59, after the period, insert "This appropriation must be matched by an equal amount from nonstate sources.

Page 17, line 23, delete "$25,000" and insert "$13,000"

Page 17, line 37, after the period, insert "This appropriation must be matched by $12,000 from nonstate sources.

Adjust final totals accordingly

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

H. F. No. 2158, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and certain agencies of state government; establishing and modifying certain programs; providing for regulation of certain activities and practices; standardizing certain licensing service fees; establishing and modifying certain fees; modifying housing programs; establishing a task force; providing for a manufactured home park to be a conditional use; requiring reports; amending Minnesota Statutes 1996, sections 38.02, subdivisions 1, 2, and 3; 44A.01, subdivision 2; 60A.075, by adding a subdivision; 60A.23, subdivision 8; 60A.71, by adding a subdivision; 60K.06, subdivision 2; 65B.48, subdivision 3; 72B.04, subdivision 10; 79.253, subdivision 1; 79.255, by adding a subdivision; 79.361, subdivision 1; 79.371, by adding a subdivision; 82.21, subdivision 1; 82B.09, subdivision 1; 115A.908, subdivision 2; 115B.03, subdivision 5; 115C.021, by adding a subdivision; 115C.03, subdivision 9; 115C.08, subdivision 4; 115C.09, subdivision 3, and by adding a subdivision; 115C.13; 116J.551; 116J.552, subdivision 4; 116J.553, subdivision 2; 116J.554, subdivision 1; 116J.615, subdivision 1; 116L.04, subdivision 1; 116O.05, by adding a subdivision; 116O.122, subdivision 1; 138.91, by adding a subdivision; 155A.045, subdivision 1; 176.181, subdivision 2a; 268.022, subdivision 2; 268.362, subdivision 2; 268.38, subdivision 7; 268.63; 268.672, subdivision 6, and by adding subdivisions; 268.673, subdivisions 3, 4a, and 5; 268.6751, subdivision 1; 268.677, subdivision 1; 268.681; 268.917; 270.97; 298.22, by adding a subdivision; 326.86, subdivision 1; 394.25, by adding a subdivision; 446A.04, subdivision 5; 446A.081, subdivisions 1, 4, and 9; 446A.12, subdivision 1; 462.357, by adding a subdivision; 462A.05, subdivisions 14d, 30, 39, and by adding a subdivision; 462A.13; 462A.201, subdivision 2; 462A.205; 462A.206, subdivisions 2 and 4; 462A.207, subdivisions 1, 2, 3, 4, and 6; 462A.21, subdivision 12a; 469.303; and 469.305, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 45; 79; 116J; 268; 366; 462A; and 469; repealing Minnesota Statutes 1996, sections 115A.908, subdivision 3; 268.39; 268.672, subdivision 4; 268.673, subdivision 6; 268.676; 268.677, subdivisions 2 and 3; 268.678; 268.679, subdivision 3; 462A.05, subdivision 20; 462A.206, subdivision 5; and 462A.21, subdivisions 4k, 12, and 14.

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

The question was taken on the passage of the bill and the roll was called. There were 79 yeas and 52 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Juhnke	McGuire	Pugh	Tomassoni
Bakk	Garcia	Kahn	Milbert	Rest	Trimble
Biernat	Greenfield	Kalis	Mullery	Rhodes	Tunheim
Broecker	Greiling	Kelso	Munger	Rifenberg	Wagenius
Carlson	Gunther	Kinkel	Murphy	Rukavina	Wejcman
Chaudhary	Hasskamp	Koskinen	Ness	Schumacher	Wenzel
Clark	Hausman	Kubly	Olson, E.	Sekhon	Winter
Dawkins	Hilty	Leighton	Opatz	Skare	Workman
Delmont	Huntley	Lieder	Orfield	Skoglund	Spk. Carruthers
Dempsey	Jaros	Long	Osthoff	Slawik
Dorn	Jefferson	Luther	Otremba	Smith
Entenza	Jennings	Mahon	Paymar	Solberg
Journal of the House - 44th Day - Top of Page 2833
Evans	Johnson, A.	Marko	Pelowski	Swenson, D.
Farrell	Johnson, R.	McCollum	Peterson	Swenson, H.

Those who voted in the negative were:

Abrams	Dehler	Knoblach	McElroy	Reuter	Tuma
Anderson, B.	Erhardt	Koppendrayer	Molnau	Rostberg	Van Dellen
Bettermann	Finseth	Kraus	Mulder	Seagren	Vickerman
Bishop	Goodno	Krinkie	Nornes	Seifert	Weaver
Boudreau	Haas	Kuisle	Olson, M.	Stanek	Westfall
Bradley	Harder	Leppik	Osskopp	Stang	Westrom
Commers	Holsten	Lindner	Ozment	Sviggum	Wolf
Daggett	Kielkucki	Macklin	Paulsen	Sykora
Davids	Knight	Mares	Pawlenty	Tingelstad

The bill was passed, as amended, and its title agreed to.

There being no objection, the order of business reverted to Messages from the Senate.

The following message was received from the Senate:

Mr. Speaker:

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

S. F. No. 1342.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1342, A resolution memorializing Congress to recognize Earth Day as a national day of service and education and establishing Earth Day as a state day of service and education.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Munger moved that the rule therein be suspended and an urgency be declared so that S. F. No. 1342 be given its second and third readings and be placed upon its final passage. The motion prevailed.

Munger moved that the Rules of the House be so far suspended that S. F. No. 1342 be given its second and third readings and be placed upon its final passage. The motion prevailed.

S. F. No. 1342, A resolution memorializing Congress to recognize Earth Day as a national day of service and education and establishing Earth Day as a state day of service and education.

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 115 yeas and 11 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Knight	Lindner	Reuter	Sviggum	Workman
Kielkucki	Krinkie	Molnau	Seifert	Wolf

The bill was passed and its title agreed to.

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

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

Hasskamp moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 21, 1997, when the vote was taken on the Munger amendment to H. F. No. 2150, the first engrossment, as amended." The motion prevailed.

Leppik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 21, 1997, when the vote was taken on the Munger amendment to H. F. No. 2150, the first engrossment, as amended." The motion prevailed.

Mares moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 21, 1997, when the vote was taken on the first Sviggum amendment to H. F. No. 2150, the first engrossment, as amended." The motion prevailed.

Skoglund moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 21, 1997, when the vote was taken on the Munger amendment to H. F. No. 2150, the first engrossment, as amended." The motion prevailed.

Wejcman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Monday, April 21, 1997, when the vote was taken on the Knoblach et al amendment to H. F. No. 2150, the first engrossment, as amended." The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2147:

Kinkel, McGuire, Mariani, Sykora and Mulder.

Winter moved that when the House adjourns today it adjourn until 11:00 a.m., Wednesday, April 23, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Wednesday, April 23, 1997.