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. 591, relating to highways; requiring the commissioner of transportation to transfer certain easements to the city of Faribault; authorizing the commissioner of transportation to transfer certain excess property.

H. F. No. 1123, relating to telecommunications; establishing the practices of slamming and loading as consumer fraud; providing penalties and remedies; making permanent the requirement to disclose local telecommunications service options.

H. F. No. 473, relating to metropolitan government; permitting the metropolitan council to provide a program for health and wellness services for council employees.

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
1342		Resolution No. 4	2:30 p.m. April 29	April 29
591 67 2:20 p.m. April 29 April 29
1123 68 2:22 p.m. April 29 April 29
652 69 2:23 p.m. April 29 April 29
1025 70 2:25 p.m. April 29 April 29
465 71 2:27 p.m. April 29 April 29
473 72 2:30 p.m. April 29 April 29
1094 73 2:34 p.m. April 29 April 29

Sincerely,

Joan Anderson Growe
Secretary of State

Winter from the Committee on Rules and Legislative Administration to which was referred:

Delete the title and insert:

"A bill for an act relating to public administration; modifying requirements for spending to improve the capitol area and construct bridges, environmental learning centers, and community performing arts centers; appropriating money; amending Laws 1994, chapter 643, sections 3, subdivision 2; 15, subdivisions 2 and 4; and 23, subdivision 28, as amended; and Laws 1996, chapter 463, sections 13, subdivision 2; and 24, subdivision 8; repealing Laws 1996, chapter 463, section 7, subdivision 26."

With the recommendation that when so amended the bill pass.

The report was adopted.

Winter from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 647, A bill for an act relating to retirement; increasing pension benefit accrual rates; adjusting financing for pension plans; adding supplemental financial conditions information for pension funds; reducing appropriations; modifying or establishing various pension aids; appropriating money; amending Minnesota Statutes 1996, sections 3.85, subdivisions 11 and 12; 3A.02, subdivisions 1 and 4; 3A.07; 11A.18, subdivision 9; 352.01, subdivision 25; 352.04, subdivisions 2 and 3; 352.115, subdivision 3; 352.72, subdivision 2; 352.92, subdivisions 1 and 2; 352.93, subdivisions 2, 3, and by adding a subdivision; 352.95, subdivisions 1 and 5; 352B.02, subdivisions 1a and 1c; 352B.08, subdivisions 2 and 2a; 352B.10, subdivision 1; 352B.30, by adding a subdivision; 352C.031, subdivision 4; 352C.033; 353.01, subdivision 37; 353.27, subdivisions 2 and 3a; 353.29, subdivision 3; 353.651, subdivision 3; 353.656, subdivision 1; 353.71, subdivision 2; 353A.08, subdivisions 1 and 2; 353A.083, by adding a subdivision; 354.05, subdivision 38; 354.42, subdivisions 2, 3, and 5; 354.44, subdivision 6, and by adding a subdivision; 354.53, subdivision 1; 354.55, subdivision 11; 354A.011, subdivision 15a; 354A.12, subdivisions 1, 2a, 3a, and 3c; 354A.31, subdivisions 4 and 4a; 356.20, subdivision 2; 356.215, subdivisions 2, 4d, and 4g; 356.217; 356.30, subdivisions 1 and 3; 356.32, subdivision 2; 422A.06, subdivision 8; 422A.151; 423B.01, subdivision 9, and by adding a subdivision; 423B.06, by adding a subdivision; 423B.07; 423B.09, subdivision 1, and by adding a subdivision; 423B.10, subdivision 1; 423B.15, subdivisions 2, 3, 6, and by adding a subdivision; and 490.124, subdivisions 1 and 5; Laws 1965, chapter 519, section 1, as amended; Laws 1979, chapter 109, section 1, as amended; Laws 1989, chapter 319, article 19, section 7, subdivisions 1, as amended, 3, 4, as amended, and 7; and Laws 1993, chapter 125, article 1, section 1; proposing coding for new law in Minnesota Statutes, chapters 124; 273; 352; 352C; 352E; 354A; and 356; repealing Minnesota Statutes 1996, sections 124.195, subdivision 12; 124.2139; 353C.01; 353C.02; 353C.03; 353C.04; 353C.05; 353C.06; 353C.07; 353C.08; 353C.09; 353C.10; 354A.12, subdivision 2b; 356.70; and 356.88, subdivision 2; and Laws 1985, chapter 259, section 3; and Laws 1993, chapter 336, article 3, section 1.

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

The report was adopted.

Winter from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 858, A bill for an act relating to health; regulating health plans; providing for certain disclosures; amending Minnesota Statutes 1996, sections 62J.04, subdivisions 1, 1a, and 3; 62J.041; and 62J.042, subdivisions 2, 3, and 4.

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

Winter from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 1299, A bill for an act relating to utilities; allowing compensation for intervention in power transmission line certificate of need proceedings; reorganizing legislative electric energy task force; requiring comprehensive study, findings, and legislative recommendations and proposals regarding electric energy restructuring and regulation; amending Minnesota Statutes 1996, sections 216B.16, subdivision 10; and 216C.051, by adding subdivisions; repealing Minnesota Statutes 1996, section 216C.051, subdivisions 1, 2, 3, 4, 5, and 6.

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

The report was adopted.

Winter from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 1386, A bill for an act relating to public administration; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing the commissioner of administration, with the approval of the commissioner of finance, to enter into lease-purchase agreements and to provide for the issuance of certificates of participation; prescribing certain conditions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

The report was adopted.

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

H. F. No. 1542, A bill for an act relating to public employment; making technical changes; modifying definitions; modifying certain arbitration procedures; ratifying certain labor agreements; amending Minnesota Statutes 1996, sections 3.855, subdivision 2; 179A.03, subdivision 14; 179A.10, subdivision 1; 179A.11, subdivision 1; and 179A.16, subdivision 7.

Reported the same back with the following amendments:

Page 2, after line 35, insert:

"Sec. 2. Minnesota Statutes 1996, section 43A.06, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) The commissioner, through the labor relations bureau, shall perform the duties assigned to the commissioner by sections 3.855, 179A.01 to 179A.25 and this section.

(b) The deputy commissioner for the labor relations bureau shall be the state labor negotiator for purposes of negotiating and administering agreements with exclusive representatives of employees and shall perform any other duties delegated by the commissioner subject to the limitations in paragraph (c).

section 3.855, subdivision 2, the board of trustees must use procedures and assumptions consistent with those used by the commissioner of employee relations in calculating the costs of the proposed contract. The legislative coordinating commission must, when considering a collective bargaining agreement or arbitration award submitted by the board of trustees, evaluate market conditions affecting the employees in the bargaining unit, equity with other bargaining units in the executive branch, and the ability of the trustees and the state to fund the agreement or award."

Page 9, after line 31, insert:

"Subd. 4. [TECHNICAL COLLEGE FACULTY.] The labor agreement between the state of Minnesota and the united technical college educators, as recommended by the legislative coordinating commission subcommittee on employee relations on April 28, 1997, is ratified.

Subd. 5. [MANAGERIAL PLAN AMENDMENT.] The amendment to the managerial plan as recommended by the legislative coordinating commission subcommittee on employee relations on April 28, 1997, is ratified."

Page 9, line 33, delete "6" and insert "7"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 5, before the semicolon, insert "and proposals"

Page 1, line 6, after the first semicolon, insert "43A.06, subdivision 1;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 203, A bill for an act relating to adoption; creating a fathers' adoption registry; amending adoption notice and consent provisions relating to fathers; appropriating money; amending Minnesota Statutes 1996, sections 13.99, by adding a subdivision; 257.352, subdivision 3, and by adding subdivisions; 259.49, subdivision 1; 260.221, subdivision 1, and by adding a subdivision; and 357.021, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 259; repealing Minnesota Statutes 1996, section 259.51.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 13.99, is amended by adding a subdivision to read:

Subd. 76b. [PUTATIVE FATHERS' ADOPTION REGISTRY.] Data in the putative fathers' adoption registry are classified under section 259.52, subdivision 4.

Sec. 2. Minnesota Statutes 1996, section 257.352, subdivision 3, is amended to read:

in the adoption, or any other party has reason to believe that a child who is the subject of an adoptive or preadoptive placement proceeding is or may be an "Indian child," as defined in section 257.351, subdivision 6, and United States Code, title 25, section 1903(4), the agency or person shall notify the Indian child's tribal social service agency within seven days of the determination by registered mail with return receipt requested of the pending proceeding and of the right of intervention under subdivision 3c. If the identity or location of the child's tribe cannot be determined, the notice must be given to the United States secretary of interior in like manner, who will have 15 days after receipt of the notice to provide the requisite notice to the tribe. No preadoptive or adoptive placement proceeding may be held until at least ten days after receipt of the notice by the tribe or secretary. Upon request, the tribe must be granted up to 20 additional days to prepare for the proceeding. The agency or notifying party shall include in the notice the identity of the birth parents and child absent written objection by the birth parents. The private child-placing agency shall inform the birth parents of the Indian child of any services available to the Indian child through the child's tribal social service agency, including child placement services, and shall additionally provide the birth parents of the Indian child with all information sent from the tribal social service agency in response to the notice.

Sec. 3. Minnesota Statutes 1996, section 257.352, is amended by adding a subdivision to read:

Subd. 3a. [UNKNOWN FATHER.] If the local social service agency, private child-placing agency, the court, petitioner, or any other party has reason to believe that a child who is the subject of an adoptive placement proceeding is or may be an Indian child but the father of the child is unknown and has not registered with the putative fathers' adoption registry pursuant to section 259.52, the agency or person shall provide to the tribe believed to be the Indian child's tribe information sufficient to enable the tribe to determine the child's eligibility for membership in the tribe, including, but not limited to, the legal and maiden name of the birth mother, her date of birth, the names and dates of birth of her parents and grandparents, and, if available, information pertaining to the possible identity, tribal affiliation, or location of the birth father.

Sec. 4. Minnesota Statutes 1996, section 257.352, is amended by adding a subdivision to read:

Subd. 3b. [PROOF OF SERVICE OF NOTICE UPON TRIBE OR SECRETARY.] In cases where an agency or party to an adoptive placement knows or has reason to believe that a child is or may be an Indian child, proof of service upon the child's tribe or the secretary of interior must be filed with the adoption petition.

Sec. 5. Minnesota Statutes 1996, section 257.352, is amended by adding a subdivision to read:

Subd. 3c. [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any state court proceeding for the voluntary adoptive or preadoptive placement of an Indian child, the Indian child's tribe shall have a right to intervene at any point in the proceeding.

Sec. 6. Minnesota Statutes 1996, section 259.21, is amended by adding a subdivision to read:

Subd. 12. [PUTATIVE FATHER.] "Putative father" means a man who may be a child's father, but who:

(1) is not married to the child's mother on or before the date that the child was or is to be born; and

(2) has not established paternity of the child according to section 257.57 in a court proceeding before the filing of a petition for the adoption of the child.

"Putative father" includes a male who is less than 18 years old.

Sec. 7. Minnesota Statutes 1996, section 259.49, subdivision 1, is amended to read:

Subdivision 1. [TO WHOM GIVEN.] Except as provided in subdivision 3, and subject to section 259.51 259.52, notice of the hearing upon a petition to adopt a child shall must be given to:

(1) (a) the guardian, if any, of a child;

(2) (b) the parent of a child if:

(b) (2) the person has substantially supported the child, or;

(c) (3) the person either was married to the person designated on the birth certificate as the natural mother within the 325 days before the child's birth or married that person within the ten days after the child's birth, or;

(d) (4) the person is openly living with the child or the person designated on the birth certificate as the natural mother of the child, or both, or;

(e) (5) the person has been adjudicated the child's parent, or;

(f) (6) the person has filed an affidavit pursuant to section 259.51. a paternity action within 30 days after the child's birth and the action is still pending;

(7) the person and the mother of the child have signed a declaration of parentage under section 257.34 before August 1, 1995, which has not been revoked or a recognition of parentage under section 257.75, which has not been revoked or vacated; or

(8) the person:

(i) is not entitled to notice under clauses (1) to (7);

(ii) has registered with the putative fathers' adoption registry;

(iii) after receiving a putative fathers' adoption registry notice, has timely filed an intent to retain parental rights with entry of appearance form under section 259.52; and

(iv) within 30 days of receipt of the putative fathers' adoption registry notice has initiated a paternity action, unless, for good cause shown, he is unable to do so within the 30 days; a paternity action must be initiated by the putative father in district court; application to the public authority for paternity establishment services does not constitute initiation of an action; and

(c) the child's tribe pursuant to section 257.352, subdivision 3, if the child is an Indian child.

This Notice under this section need not be given to any above named a person listed in this subdivision whose parental rights have been terminated, whose notice of intention to retain parental rights filed pursuant to section 259.51 has been successfully challenged, who has consented to the adoption or who has waived notice of the hearing. The notice of the hearing may be waived by a parent, guardian, or other interested party by a writing executed before two competent witnesses and duly acknowledged. The waiver shall must be filed in the adoption proceedings at any time before the matter is heard.

Sec. 8. [259.52] [PUTATIVE FATHERS' ADOPTION REGISTRY.]

Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] (a) The commissioner of health shall establish a putative fathers' adoption registry for the purpose of determining the identity and location of a putative father interested in a minor child who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the adoption proceeding to the putative father who is not otherwise entitled to notice under section 259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7). The commissioner of health may establish informational material and public service announcements necessary to implement this section. Any limitation on a putative father's right to assert an interest in the child as provided in this section applies only in adoption proceedings and only to those putative fathers not entitled to notice and consent under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7). The commissioner of health has no independent obligation to gather or update the information to be maintained on the registry. It is the registrant's responsibility to update his personal information on the registry.

(b) The putative fathers' adoption registry must contain the following information:

(1) with respect to the putative father, the:

(ii) address at which he may be served with notice of a petition under this chapter, including any change of address;

(iii) social security number, if known;

(iv) date of birth; and

(v) if applicable, a certified copy of an order by a court of another state or territory of the United States adjudicating the putative father to be the father of this child;

(2) with respect to the mother of the child:

(i) name, including all other names known to the putative father by which the mother may be known;

(ii) if known to the putative father, her last address;

(iii) social security number, if known; and

(iv) date of birth;

(3) if known to the putative father, the name, gender, place of birth, and date of birth or anticipated date of birth of the child;

(4) the date that the commissioner of health received the putative father's registration; and

(5) other information the commissioner of health determines by rule to be necessary for the orderly administration of the registry.

(c) The commissioner of health shall set reasonable fees for the use of the registry; however, a putative father shall not be charged a fee for registering. Revenues generated by the fee must be deposited in the state government special revenue fund and appropriated to the commissioner of health to administer the putative fathers' adoption registry.

Subd. 2. [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for adoption may be granted unless 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 required under section 259.53, subdivision 1, requests that the commissioner of health search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of an adoption petition. The search required by this subdivision must be conducted no sooner than 31 days following the birth of the child. A search of the registry may be proven by the production of a certified copy of the registration form or by a certified statement of the commissioner of health that after a search no registration of a putative father in relation to a child who is or may be the subject of an adoption petition could be located. Certification that the putative fathers' adoption registry has been searched must be filed with the court prior to entry of any final order of adoption. 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.

Subd. 3. [SEARCH OF REGISTRY FOR CHILD SUPPORT ENFORCEMENT PURPOSES.] A public authority responsible for child support enforcement that is attempting to establish a child support obligation may request that the commissioner of health search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of a child support obligation. A search of the registry may be proven by the production of a certified copy of the registration form or by a certified statement of the commissioner of health that after a search, no registration of a putative father in relation to the child could be located. No fee may be charged to the public authority for use of the registry.

Subd. 4. [CLASSIFICATION OF REGISTRY DATA.] Data in the putative fathers' adoption registry are private data on individuals, as defined in section 13.02, subdivision 2. Data in the registry may be released to:

(2) a public authority as provided in subdivision 3.

A person who receives data under this subdivision may use the data only for purposes authorized under this section or other law.

Subd. 5. [CRIMINAL PENALTY FOR REGISTERING FALSE INFORMATION.] A person who knowingly or intentionally registers false information under this section is guilty of a misdemeanor.

Subd. 6. [WHO MAY REGISTER.] Any putative father may register with the putative fathers' adoption registry. However, any limitation on a putative father's right to assert an interest in the child as provided in this section applies only in adoption proceedings and only to those putative fathers not entitled to notice and consent under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7).

Subd. 7. [WHEN AND HOW TO REGISTER.] A putative father may register with the department of health before the birth of the child but must register no later than 30 days after the birth of the child. Registrations must be in writing and signed by the putative father.

Subd. 8. [FAILURE TO REGISTER.] Except for a putative father who is entitled to notice and consent under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7), a putative father who fails to timely register with the putative fathers' adoption registry under subdivision 7:

(1) is barred thereafter from bringing or maintaining an action to assert any interest in the child during the pending adoption proceeding concerning the child;

(2) is considered to have waived and surrendered any right to notice of any hearing in any judicial proceeding for adoption of the child, and consent of that person to the adoption of the child is not required; and

(3) is considered to have abandoned the child.

Failure to register under subdivision 7 is prima facie evidence of sufficient grounds to support termination of the putative father's parental rights under section 260.221, subdivision 1.

A putative father who has not timely registered under subdivision 7 is considered to have timely registered if he proves by clear and convincing evidence that:

(i) it was not possible for him to register within the period of time specified in subdivision 7;

(ii) his failure to register was through no fault of his own; and

(iii) he registered within ten days after it became possible for him to file.

A lack of knowledge of the pregnancy or birth is not an acceptable reason for failure to register.

Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO NOTICE.] Any time after conception, an interested party, including persons intending to adopt a child, a child welfare agency with whom the mother has placed or has given written notice of her intention to place a child for adoption, the mother of a child, or any attorney representing an interested party, may file with the court administrator a written request that the putative fathers on the registry who have registered in relation to the child be served with a putative fathers' adoption registry notice, an intent to claim parental rights with entry of appearance form, and a denial of paternity with entry of appearance and consent to adoption form pursuant to subdivision 11. These documents may be served on a putative father in the same manner as a summons is served in other civil proceedings, or, in lieu of personal service, service may be made as follows:

appearance and consent to adoption form together with an affidavit setting forth the putative father's last known address. The original putative fathers' adoption registry notice, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance and consent to adoption form must be retained by the court administrator.

(b) The court administrator shall mail to the putative father, at the address appearing in the affidavit, the copy of the putative fathers' adoption registry notice, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance and consent to adoption form by certified mail, return receipt requested. The envelope and return receipt must bear the return address of the court administrator. The receipt for certified mail must state the name and address of the addressee and the date of mailing and must be attached to the original notice.

(c) The return receipt, when returned to the court administrator, must be attached to the original putative fathers' adoption registry notice, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance and consent to adoption form and constitutes proof of service.

(d) The court administrator shall note the fact of service in a permanent record.

Subd. 10. [RESPONSE TO PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE; LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON FILING OF DISCLAIMER OF PATERNITY.] Within 30 days of receipt of the putative fathers' adoption registry notice, the intent to claim parental rights with entry of appearance form, and the denial of paternity with entry of appearance and consent to adoption form, the putative father must file a completed intent to claim parental rights with entry of appearance form with the court administrator stating that he intends to initiate a paternity action within 30 days of receipt of the putative fathers' adoption registry notice in order to preserve the right to maintain an interest in the child and receive notice during the pending adoption proceeding. Failure to initiate a paternity action within 30 days of receipt of the putative fathers' adoption registry notice does not act as a bar to receiving notice under section 259.49. If good cause is shown, the putative father must be allowed more time to initiate the paternity action. A putative father who files a completed denial of paternity with entry of appearance and consent to adoption form or who fails to timely file an intent to claim parental rights with entry of appearance form with the court:

(1) is barred from later bringing or maintaining an action to assert any interest in the child during the pending adoption proceeding concerning the child;

(2) is considered to have waived and surrendered a right to notice of a hearing in any judicial proceeding for adoption of the child, and consent of that person to the adoption of the child is not required; and

(3) is considered to have abandoned the child.

Failure to register is prima facie evidence of sufficient grounds to support termination of the putative father's parental rights.

Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE; INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND CONSENT TO ADOPTION FORM.] (a) The putative father's adoption registry notice sent under subdivision 9 must be substantially as follows:

"IN THE MATTER OF NOTICE TO . . . . . . . . . . . . . . . . . . . . , REGISTERED PUTATIVE FATHER.

You have signed the putative fathers' adoption registry indicating that you are the father of a child born on the . . . . . . . . . . . . . . . day of . . . . . . . . . . , . . . . . . . . , (or expected to be born on or about the . . . . . . . . . day of . . . . . . . . , . . . . . . . . ).

The mother of the child is . . . . . . . . . . . . . . . . . . . . .

The mother has indicated that she intends to place the child for adoption.

Minnesota, whose address is . . . . . . . . . . . . . . . . . . . . , Minnesota, within 30 days after the date of receipt of this notice, the enclosed intent to claim parental rights with entry of appearance form stating that you are, in fact, the father of the child and that you intend to retain your legal rights with respect to the child by initiating a paternity action within 30 days of receipt of the putative fathers' adoption registry notice.

If you do not file an intent to claim parental rights with entry of appearance form or a request for notice, then whatever legal rights you have with respect to the child, including the right to notice of any future proceedings for the adoption of the child, may be terminated without any further notice to you. When your legal rights with respect to the child are so terminated, you will not be entitled to notice of any proceeding instituted for the adoption of the child.

If you are not the father of the child, you may file with the court administrator the denial of paternity with entry of appearance and consent to adoption form enclosed herewith and you will receive no further notice with respect to the child."

(b) The intent to claim parental rights with entry of appearance form sent under subdivision 9 must be substantially as follows:

I, . . . . . . . . . . . . . . . . . . . . , state as follows:

(1) That I am . . . . . . . . . years of age; and I reside at . . . . . . . . . in the County of . . . . . . . . , State of . . . . . . . . . . . . . .

(2) That I have been advised that . . . . . . . . . . . . is the mother of a . . . . . . . . . . . . male/female child named . . . . . . . . . . . . born or expected to be born on or about . . . . . . . . . . . . and that such mother has stated that I am the father of this child.

(3) I declare that I am the father of this child.

(4) I understand that the mother of this child wishes to consent to the adoption of this child. I do not consent to the adoption of this child, and I understand that I must return this intent to claim parental rights with entry of appearance form to the court administrator of . . . . . . . . . . . . . County, located at . . . . . . . . . . . . , within 30 days of receipt of this notice.

(5) I further understand that I am also obligated to initiate a paternity action under the Parentage Act (Minnesota Statutes, sections 257.51 to 257.74) within 30 days of my receiving the putative fathers' adoption registry notice, or, if the child is not yet born, within 30 days after the birth of the child, unless for good cause shown I am unable to do so. That proceeding is separate and distinct from the above mailing of intent to claim parental rights with entry of appearance form; in the paternity action, I must state that I am, in fact, the father of said child for one or more of the reasons stated in Minnesota Statutes, section 257.55, subdivision 1, and that I intend to retain my legal rights with respect to said child, and request to be notified of any further proceedings with respect to custody or adoption of the child.

(6) I hereby enter my appearance in the above entitled cause.

I have been duly sworn and I say under oath that I have read and understand this intent to claim parental rights with entry of appearance form. The facts that it contains are true and correct to the best of my knowledge, and I understand that by signing this document I admit my paternity. I have signed this document as my free and voluntary act.

. . . . . . . . . .

(Signature)

Dated this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . , . . .

Signed and Sworn Before Me This . . . . . . . . . . . . day of . . . . . . . , . . .

. . . . . . . . . . . . . .

(c) The denial of paternity with entry of appearance and consent to adoption form sent under subdivision 9 must be substantially as follows:

I, . . . . . . . . . . . . . . . . , state as follows:

(1) That I am . . . . . . years of age; and I reside at . . . . . . . . . . in the County of . . . . . . . . . . , State of . . . . . . . . . . .

(2) That I have been advised that . . . . . . . . . is the mother of a . . . . . . . . . male/female child named . . . . . . . . . born or expected to be born on or about . . . . . . . . . and that I have registered with the putative fathers' adoption registry stating that I am the father of this child.

(3) I now deny that I am the father of this child. My denial at this time will not subject me to any criminal liability.

(4) I further understand that the mother of this child wishes to consent to the adoption of the child. I hereby consent to the adoption of this child, and waive any rights, remedies, and defenses that I may have now or in the future. This consent is being given in order to facilitate the adoption of the child and so that the court may terminate what rights I may have to the child. This consent is not in any manner an admission of paternity.

(5) I hereby enter my appearance in the above entitled cause and waive service of summons and other pleading.

I have been duly sworn and I say under oath that I have read and understood this denial of paternity with entry of appearance and consent to adoption. The facts it contains are true and correct to the best of my knowledge, and I understand that by signing this document I have not admitted paternity. I have signed this document as my free and voluntary act in order to facilitate the adoption of the child.

. . . . . . . . . .

(Signature)

Dated this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . , . . . . . . . . .

Signed and Sworn Before Me This . . . . . . . . day of . . . . . . . . . , . . . . .

. . . . . . . . . . . . . .

(notary public)"

[The names of adoptive parents must not be included in the notice.]

Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof of indigency, a putative father who has registered with the fathers' adoption registry, has received a putative fathers' adoption registry notice, and has timely filed an intent to claim paternal rights with entry of appearance form with the court administrator, must have counsel appointed at public expense.

Subd. 14. [FEES FOR PUTATIVE FATHERS' ADOPTION REGISTRY.] The district court administrator in every judicial district shall, in addition to any other filing fees, assess a $75 adoption filing fee surcharge on each adoption petition filed in the district court for the purpose of implementing and maintaining the putative fathers' adoption registry. The court administrator shall forward fees collected under this subdivision to the commissioner of finance for deposit into the state government special revenue fund to be appropriated to the commissioner of health to administer the putative fathers' adoption registry established under this section.

Sec. 9. Minnesota Statutes 1996, section 260.221, subdivision 1, is amended to read:

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

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

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

(1) That the parent has abandoned the child.; or

Abandonment is presumed when:

(i) the parent has had no contact with the child on a regular basis and no demonstrated, consistent interest in the child's well-being for six months; and

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

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

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

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

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

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

(i) a child has resided out of the parental home under court order for more than one year following an adjudication of dependency, neglect, need for protection or services under section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or neglected and in foster care, and an order for disposition under section 260.191, including adoption of the case plan required by section 257.071;

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

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

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

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

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

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

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

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

(v) the parent continues to abuse chemicals.

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

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

(7) That in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and either the person has not filed a notice of intent to retain parental rights under section 259.51 or that the notice has been successfully challenged registered with the putative fathers' adoption registry under section 259.52; or

(8) That the child is neglected and in foster care.

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

Sec. 10. Minnesota Statutes 1996, section 260.221, is amended by adding a subdivision to read:

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

(a) Abandonment is presumed when:

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

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

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

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

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

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

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

Sec. 11. Minnesota Statutes 1996, section 357.021, subdivision 2, is amended to read:

Subd. 2. [FEE AMOUNTS.] The fees to be charged and collected by the court administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the tax court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $122.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 12. [REPEALER.]

Minnesota Statutes 1996, section 259.51, is repealed.

Sec. 13. [EFFECTIVE DATE.]

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

Delete the title and insert:

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

With the recommendation that when so amended the bill pass.

The report was adopted.

Winter from the Committee on Rules and Legislative Administration 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 recommendation that the bill pass.

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

S. F. No. 1834, A bill for an act relating to agriculture; suspending the dairy trade practices laws during the month of June; amending Minnesota Statutes 1996, section 32.72, subdivision 2; repealing Minnesota Statutes 1996, section 32.73.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [LEGISLATIVE FINDINGS.]

The legislature finds that Minnesota family dairy farmers currently receive nearly the lowest farm gate milk prices in the nation, while Minnesota consumers of milk and perishable dairy products pay almost the highest retail prices. The legislature finds further that a major contributing factor in this price disparity results from laws passed in the 1950's that prohibit a handler or retailer of milk from selling the product at a price below the handler's or retailer's cost. Elimination of this artificial and archaic restraint on commerce in milk and dairy products will invite economic competition, stimulate consumption, and result in both lower prices for consumers and greater demand for Minnesota's high quality, healthful, and nutritious dairy products. The legislature finds further that a biennial expense amounting to $266,000 for enforcement of high milk prices can be reallocated to more appropriate and useful purposes.

Sec. 2. [REPEALER.]

Minnesota Statutes 1996, sections 32.70; 32.71; 32.72; 32.73; and 32.74, are repealed.

Sec. 3. [REPEALER.]

Section 2 is repealed and Minnesota Statutes 1996, sections 32.70; 32.71; 32.72; 32.73; and 32.74, are revived effective July 1, 1998.

Sec. 4. [EFFECTIVE DATE.]

Section 2 is effective 30 days after final enactment."

Delete the title and insert:

"A bill for an act relating to agriculture; providing for competition and economic fairness in the marketing of dairy products; allowing retail price flexibility in sales of milk and milk products; repealing Minnesota Statutes 1996, sections 32.70; 32.71; 32.72; 32.73; and 32.74."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 272, 361, 632, 858 and 1542 were read for the second time.

S. F. Nos. 739, 203, 960 and 1834 were read for the second time.

The following House File was introduced:

Pelowski introduced:

H. F. No. 2181, A bill for an act relating to education; establishing a Minnesota science and mathematics foundation; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 121.

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

The following House Advisory was introduced:

Garcia, Skoglund, Biernat, Stanek and Broecker introduced:

H. A. No. 2, A proposal to request the Judiciary Committee to study the issue of police pursuits.

The advisory was referred to the Committee on Judiciary.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 5, A bill for an act relating to crime; clarifying the elements of the harassment and stalking crime; amending Minnesota Statutes 1996, section 609.749, subdivisions 1, 2, 5, and by adding a subdivision.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

The Senate has appointed as such committee:

Messrs. Johnson, D. H.; Novak and Ourada.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

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

Patrick E. Flahaven, Secretary of the Senate

Kubly moved that the House refuse to concur in the Senate amendments to H. F. No. 1409, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

adding a subdivision; 256J.50, by adding a subdivision; 326.37, subdivision 1; 393.07, subdivision 2; 466.01, subdivision 1; 469.155, subdivision 4; 471.59, subdivision 11; 626.556, subdivisions 10b, 10d, 10e, 10f, 11c, and by adding a subdivision; 626.558, subdivisions 1 and 2; and 626.559, subdivision 5; Laws 1995, chapter 207, articles 6, section 115; and 8, section 41, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 144; 145A; 157; 252; 256B; and 257; repealing Minnesota Statutes 1996, sections 145.9256; 256.026; 256.82, subdivision 1; 256B.041, subdivision 5; 256B.0625, subdivision 13b; 256B.19, subdivision 1a; and 469.154, subdivision 6; Minnesota Rules, part 9505.1000.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Mr. Samuelson; Mses. Berglin; Junge; Kiscaden and Mr. Sams.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Greenfield moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1908. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

241.271; 242.19, subdivision 2; 242.32, by adding a subdivision; 242.55; 244.05, subdivision 8; 244.17, subdivision 2; 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, subdivisions 1, 1a, and by adding a subdivision; 260.165, subdivisions 1 and 3; 260.171, subdivision 2; 260.191, subdivisions 1, 3a, 3b, and 4; 260.192; 260.221, subdivisions 1 and 5; 260.241, subdivisions 1 and 3; 299A.38, subdivision 2, and by adding a subdivision; 299A.61, subdivision 1; 299C.065, subdivision 1; 299C.095; 299C.10, subdivisions 1 and 4; 299C.13; 299F.051; 299F.06, subdivisions 1 and 3; 326.3321, subdivision 1; 326.3386, subdivision 3, and by adding subdivisions; 357.021, subdivision 1a; 363.073, subdivision 1, and by adding a subdivision; 401.13; 609.035, subdivision 1, and by adding a subdivision; 609.10; 609.101, subdivision 5; 609.115, subdivision 1; 609.125; 609.135, subdivision 1; 609.152, subdivision 2a, and by adding a subdivision; 609.21; 609.221; 609.684, subdivision 4; 609.748, subdivision 1; 609.902, subdivision 4; 611A.038; 611A.675; 611A.71, subdivision 5; 611A.74, subdivisions 1, 3, and by adding a subdivision; 611A.75; 626.843, subdivision 1; Laws 1995, chapter 226, article 2, section 37, subdivision 2; article 3, section 60, subdivision 4, and by adding a subdivision; and Laws 1996, chapter 408, article 8, sections 21; 22, subdivision 1; and 24; proposing coding for new law in Minnesota Statutes, chapters 16A; 241; 242; 243; 257; 259; 299A; 299C; 299F; 609; 611A; and 626; repealing Minnesota Statutes 1996, sections 119A.30; 145.406; 242.51; 244.09, subdivision 11a; 259.33; 299F.07; and 609.684, subdivision 2.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Kelly, R. C.; Spear; Ms. Ranum; Messrs. Neuville and Knutson.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Murphy moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1880. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 184, 832, 240, 1292, 1504 and 1807.

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. 1324, 590, 1404, 338, 349, 995and 234.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 184, A bill for an act relating to the environment; modifying requirements relating to toxics in products; amending Minnesota Statutes 1996, section 115A.9651.

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

S. F. No. 832, A bill for an act relating to crime prevention; specifying that the prosecution may reply in rebuttal to the closing argument of the defense; amending Minnesota Statutes 1996, section 631.07.

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

S. F. No. 240, A bill for an act relating to state agencies; providing for the electronic conduct of state business; authorizing the commissioner of administration to approve digital signatures; amending Minnesota Statutes 1996, sections 16B.05, subdivision 2; and 16B.467.

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

S. F. No. 1292, A bill for an act relating to agriculture; changing the director of farmer-lender mediation; amending Minnesota Statutes 1996, section 583.22, subdivision 5; and Laws 1986, chapter 398, article 1, section 18, as amended.

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

S. F. No. 1504, A bill for an act relating to natural resources; extending permits for timber sales that expire in 1997.

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

S. F. No. 1807, A bill for an act relating to workers' compensation; changing certain reporting deadlines; modifying certain workers' compensation procedures; adding correctional officers to the presumption of occupational disease; amending Minnesota Statutes 1996, sections 79.55, subdivisions 9 and 10; 176.011, subdivision 15; and 176.191, subdivisions 1 and 5.

The bill was read for the first time.

Leighton moved that S. F. No. 1807 and H. F. No. 1870, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1324, A bill for an act relating to the city of Saint Paul; authorizing a program for the disconnection of rainleaders and repair of defective sanitary sewer connections and the charging or assessment of costs for the program and the issuance of general or special obligations to pay the costs of the program.

S. F. No. 590, A bill for an act relating to public utilities; adding a high voltage transmission line that crosses the state boundary to the definition of a large energy facility; amending Minnesota Statutes 1996, section 216B.2421, subdivision 2.

The bill was read for the first time.

Jennings moved that S. F. No. 590 and H. F. No. 537, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1404, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1996, sections 168.101, subdivision 2; and 168.15, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1996, section 168A.10, subdivision 6.

The bill was read for the first time.

Erhardt moved that S. F. No. 1404 and H. F. No. 609, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 338, A bill for an act relating to agriculture; changing limitations on ownership of agricultural land by corporations, limited liability companies, pension or investment funds, and limited partnerships; amending Minnesota Statutes 1996, section 500.24, subdivisions 2, 3, 3a, 3b, and 4.

The bill was read for the first time.

Harder moved that S. F. No. 338 and H. F. No. 2097, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 349, A bill for an act relating to insurance; regulating companies and agents; providing immunity from suit and indemnification for receivers and their employees; regulating coverages; providing certain notices and filing requirements; providing for a study; making certain technical changes; amending Minnesota Statutes 1996, sections 60A.02, subdivision 1a, and by adding a subdivision; 60A.052, subdivision 2, and by adding a subdivision; 60A.06, subdivisions 1 and 2; 60A.075, subdivisions 1, 8, and 9; 60A.077, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, and by adding a subdivision; 60A.092, subdivisions 6 and 11; 60A.10, subdivision 1; 60A.111, subdivision 1; 60A.13, subdivision 1; 60A.19, subdivision 1; 60B.21, subdivision 2; 60B.25; 60B.44, subdivisions 2, 4, 6, and by adding a subdivision; 60D.20, subdivision 2; 60K.02, subdivision 1; 60K.03, subdivisions 2 and 3; 60K.08; 60K.14, subdivision 4; 60K.19, subdivisions 7 and 8; 61A.28, subdivisions 6, 9a, and 12; 61A.32; 61A.60, subdivision 1; 61B.19, subdivision 3; 62A.04, subdivision 3; 62A.135, subdivision 5; 62A.316; 62A.50, subdivision 3; 62B.04, subdivisions 1 and 2; 62E.12; 62Q.16; 65A.01, subdivision 3, and by adding a subdivision; 65A.27, subdivision 4; 65A.29, subdivision 4; 65B.48, subdivision 5; 65B.56, subdivision 1; 67A.231; 72A.20, subdivision 34; 72B.04, subdivision 10; 79.34, subdivision 1; 79A.01, subdivision 10, and by adding a subdivision; 79A.02, subdivisions 1 and 4; 79A.03, subdivisions 6, 7, 9, 10, and by adding a subdivision; 79A.06, subdivision 5; 79A.21, subdivision 2; 79A.22, subdivision 7, and by adding a subdivision; 79A.23, subdivisions 1 and 2; 79A.24, subdivisions 1, 2, and 4; 79A.26, subdivision 2; and 79A.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 60B; 62A; and 65B; repealing Minnesota Statutes 1996, sections 60A.11, subdivision 24a; 60B.36; 60B.44, subdivision 3; 65A.29, subdivision 12; and 79A.04, subdivision 8.

The bill was read for the first time.

Juhnke moved that S. F. No. 349 and H. F. No. 740, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

authorizing benefit increases for the Richfield fire department relief association; providing postretirement adjustments for retirees and benefit recipients of the Nashwauk police pension plan and the Eveleth police and fire retirement trust fund; clarifying the benefit floor for certain benefit recipients of the St. Paul police and fire consolidation accounts; providing alternative retirement coverage for transferred employees of the Jackson medical center, the Melrose hospital, and the Tracy municipal hospital; creating a trust for the state deferred compensation program; modifying the handling of sabbatical leave contributions by the teachers retirement association; modifying the timing of higher education supplemental retirement plan contributions; making administrative changes in the higher education individual retirement account plan and supplemental retirement plan; authorizing additional individual retirement account plans; modifying various economic actuarial assumptions; clarifying certain retirement dates; authorizing certain purchases of prior service credit; extending the volunteer firefighter flexible service pension maximums; modifying retirement coverage for transferred university academic health center employees; modifying tax-sheltered annuity programs for university and college employees; including additional classes of persons in definition of state employee; providing general statewide and local employee pension plan modifications; modifying investment reporting provisions; making miscellaneous retirement plan modifications; amending Minnesota Statutes 1996, sections 69.021, subdivisions 4, 5, 6, 7a, 8, 9, 10, and 11; 69.031, subdivisions 1, 3, and 5; 69.051, subdivisions 1, 1a, and 1b; 136F.45, by adding subdivisions; 352.01, subdivisions 2a and 2b; 352.96, subdivisions 2, 3, and 6; 352F.02, subdivisions 3, 6, and by adding subdivisions; 352F.03; 352F.04; 352F.05; 352F.06; 352F.07; 352F.08; 353.01, subdivision 2b; 353B.07, subdivision 3; 353B.08, subdivision 6; 353B.11, subdivisions 3, 4, and 5; 354.092, subdivisions 1, 3, and 4; 354B.21, subdivision 3; 354B.25, subdivision 5, and by adding a subdivision; 354C.11; 354C.12, subdivisions 1 and 4; 354D.02, subdivision 2; 354D.06; 354D.07; 354D.08, subdivisions 1, 2, 3, and 5; 356.20, by adding a subdivision; 356.215, subdivision 4d; 356.219; 423A.02, subdivision 2; 423B.06, subdivisions 1 and 1a; and 424A.02, subdivisions 3 and 10; Laws 1943, chapter 196, section 4, as amended; Laws 1965, chapter 705, section 1, subdivision 4; Laws 1967, chapter 798, sections 2 and 4; Laws 1992, chapter 563, section 5, as amended; and Laws 1996, chapter 408, article 8, sections 21, 22, subdivision 1, and 24; repealing Minnesota Statutes 1996, section 356.218; Laws 1995, chapter 262, article 1, sections 8, 9, 10, 11, and 12.

The bill was read for the first time.

Kahn moved that S. F. No. 995 and H. F. No. 1129, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 234, 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; 144A.46, subdivision 5; 245A.02, subdivisions 15, 16, and 17, and by adding subdivisions; 245A.03, subdivision 2; 245A.04, subdivisions 3, 3a, 3b, 3c, 4, 5, 6, 7, and by adding a subdivision; 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; repealing Minnesota Statutes 1996, sections 245A.091; 245A.20; 245A.21; and 252.53; Laws 1996, chapter 408, article 10, section 13; Minnesota Rules, parts 4668.0020; 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; 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; 9543.3070; 9555.8000; 9555.8100; 9555.8200; 9555.8300; 9555.8400; and 9555.8500.

The bill was read for the first time.

Wejcman moved that S. F. No. 234 and H. F. No. 272, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1894.

S. F. No. 1894 was reported to the House.

Peterson moved to amend S. F. No. 1894, the first unofficial engrossment, as follows:

Page 9, lines 18 and 19, delete "Minnesota Rules, chapter 9549, and"

Page 9, lines 32 and 33, delete "Minnesota Rules, chapter 9549, and"

Page 11, lines 31 and 32, delete "and state matching funds"

The motion prevailed and the amendment was adopted.

S. F. No. 1894, A bill for an act relating to flood relief; providing an exception to the nursing home moratorium; providing for early payment of state aids to local governments; appropriating money; amending Minnesota Statutes 1996, section 144A.071, subdivision 4a.

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

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

Those who voted in the affirmative were:

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

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

Pursuant to rule 1.10, Long requested immediate consideration of S. F. No. 378.

S. F. No. 378, A bill for an act relating to taxation; recodifying taxes on liquor; providing civil and criminal penalties; appropriating money; amending Minnesota Statutes 1996, sections 16A.26; 340A.301, subdivision 8; 340A.302, subdivision 1; 340A.414, subdivision 7; 340A.417; and 340A.7035; proposing coding for new law as Minnesota Statutes, chapter 297G; repealing Minnesota Statutes 1996, sections 297C.01; 297C.02; 297C.03; 297C.04; 297C.045; 297C.05; 297C.06; 297C.07; 297C.08; 297C.09; 297C.10; 297C.11; 297C.12; 297C.13; 297C.14; 297C.16; and 297C.17.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Knight	Lindner	Olson, M.

The bill was passed and its title agreed to.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 4.

S. F. No. 4, A bill for an act relating to the military; changing the tuition and textbook reimbursement grant program; amending Minnesota Statutes 1996, section 192.501, subdivision 2.

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

Pursuant to rule 1.10, Long requested immediate consideration of S. F. No. 472.

S. F. No. 472, A bill for an act relating to taxation; recodifying sales taxes on cigarettes and tobacco products; providing criminal and civil penalties; appropriating money; amending Minnesota Statutes 1996, sections 16A.26; 16A.661, subdivision 3; 16A.6701, subdivision 1; 116P.13, subdivision 1; 325D.32, subdivision 4; and 325D.415; proposing coding for new law as Minnesota Statutes, chapter 297F; repealing Minnesota Statutes 1996, sections 297.01; 297.02; 297.03; 297.031; 297.032; 297.04; 297.041; 297.05; 297.06; 297.07; 297.075; 297.08; 297.09; 297.10; 297.11; 297.12; 297.13; 297.21; 297.22; 297.23; 297.24; 297.25; 297.26; 297.31; 297.32; 297.321; 297.33; 297.335; 297.34; 297.35; 297.36; 297.37; 297.38; 297.385; 297.39; 297.40; 297.41; 297.42; 297.43; and 297.44.

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 132 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Juhnke	Mahon	Paulsen	Stang
Anderson, B.	Evans	Kahn	Mares	Pawlenty	Sviggum
Anderson, I.	Farrell	Kalis	Mariani	Paymar	Swenson, D.
Bakk	Finseth	Kelso	Marko	Pelowski	Swenson, H.
Bettermann	Folliard	Kielkucki	McCollum	Peterson	Sykora
Biernat	Garcia	Kinkel	McElroy	Pugh	Tingelstad
Bishop	Goodno	Knight	McGuire	Rest	Tompkins
Boudreau	Greenfield	Knoblach	Milbert	Reuter	Trimble
Journal of the House - 50th Day - Top of Page 3496
Bradley	Greiling	Koppendrayer	Molnau	Rhodes	Tuma
Broecker	Gunther	Koskinen	Mulder	Rifenberg	Tunheim
Carlson	Haas	Kraus	Mullery	Rostberg	Van Dellen
Chaudhary	Harder	Krinkie	Munger	Rukavina	Vickerman
Clark	Hasskamp	Kubly	Murphy	Schumacher	Wagenius
Commers	Hausman	Kuisle	Ness	Seagren	Weaver
Daggett	Hilty	Larsen	Nornes	Seifert	Wejcman
Davids	Holsten	Leighton	Olson, E.	Sekhon	Wenzel
Dawkins	Huntley	Leppik	Opatz	Skare	Westfall
Dehler	Jaros	Lieder	Orfield	Skoglund	Westrom
Delmont	Jefferson	Lindner	Osskopp	Slawik	Winter
Dempsey	Jennings	Long	Osthoff	Smith	Wolf
Dorn	Johnson, A.	Luther	Otremba	Solberg	Workman
Entenza	Johnson, R.	Macklin	Ozment	Stanek	Spk. Carruthers

Those who voted in the negative were:

Olson, M.

The bill was passed and its title agreed to.

S. F. No. 513, A bill for an act relating to public nuisance; adding to the acts that constitute a nuisance; modifying nuisance remedies and procedures; amending Minnesota Statutes 1996, sections 617.81, subdivision 2; 617.82; 617.83; and 617.85; repealing Minnesota Statutes 1996, section 617.80, subdivision 6.

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 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Kalis	Marko	Pelowski	Sykora
Anderson, B.	Farrell	Kelso	McCollum	Peterson	Tingelstad
Anderson, I.	Finseth	Kielkucki	McElroy	Pugh	Tompkins
Bakk	Folliard	Kinkel	McGuire	Rest	Trimble
Bettermann	Garcia	Knight	Milbert	Reuter	Tuma
Biernat	Goodno	Knoblach	Molnau	Rhodes	Tunheim
Bishop	Greenfield	Koppendrayer	Mulder	Rifenberg	Van Dellen
Boudreau	Greiling	Koskinen	Mullery	Rostberg	Vickerman
Bradley	Gunther	Kraus	Munger	Rukavina	Wagenius
Broecker	Haas	Krinkie	Murphy	Schumacher	Weaver
Carlson	Harder	Kubly	Ness	Seagren	Wejcman
Chaudhary	Hasskamp	Kuisle	Nornes	Seifert	Wenzel
Clark	Hausman	Larsen	Olson, E.	Sekhon	Westfall
Commers	Hilty	Leighton	Olson, M.	Skare	Westrom
Daggett	Holsten	Leppik	Opatz	Skoglund	Winter
Davids	Huntley	Lieder	Orfield	Slawik	Wolf
Journal of the House - 50th Day - Top of Page 3497
Dawkins	Jaros	Lindner	Osskopp	Smith	Workman
Dehler	Jefferson	Long	Osthoff	Solberg	Spk. Carruthers
Delmont	Jennings	Luther	Otremba	Stanek
Dempsey	Johnson, A.	Macklin	Ozment	Stang
Dorn	Johnson, R.	Mahon	Paulsen	Sviggum
Entenza	Juhnke	Mares	Pawlenty	Swenson, D.
Erhardt	Kahn	Mariani	Paymar	Swenson, H.

The bill was passed and its title agreed to.

S. F. No. 536 was reported to the House.

Wejcman moved that S. F. No. 536 be continued on Special Orders. The motion prevailed.

S. F. No. 1146, A bill for an act relating to the city of Duluth; authorizing the creation of a nonprofit corporation and the transfer of all of the assets and liabilities of the Miller-Dwan Medical Center to the nonprofit corporation; requiring that the nonprofit corporation satisfy the state law requirement relating to charitable trusts.

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

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

Those who voted in the affirmative were:

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

Those who voted in the negative were:

	MungerPaymar

The bill was passed and its title agreed to.

Winter, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

S. F. Nos. 662, 755, 166, 813, 101, 38, 302, 333 and 413.

S. F. No. 662, A bill for an act relating to health professions; establishing licensure requirements for volunteer practitioners of psychology; modifying requirements for licensure as licensed psychologists and for professional identification; amending Minnesota Statutes 1996, sections 148.907, subdivisions 2, 3, and 4; and 148.96, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 148.

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 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Smith

The bill was passed and its title agreed to.

S. F. No. 755 was reported to the House.

S. F. No. 166 was reported to the House.

Farrell moved to amend S. F. No. 166 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 168B.051, is amended by adding a subdivision to read:

Subd. 1a. [SALE 15 DAYS AFTER NOTICE BY CERTIFIED MAIL.] An unauthorized vehicle impounded by the city of Minneapolis or by the city of St. Paul is eligible for disposal or sale under section 168B.08, 15 days after notice is sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. If, before the expiration of the 15-day period following notice of taking, the registered owner or lienholder of record delivers to the impound lot operator a written statement of intent to reclaim the vehicle, the vehicle is not eligible for disposal or sale until 45 days after the notice of taking, if the owner or lienholder has not reclaimed under section 168B.07. Notwithstanding section 168B.06, subdivision 3, a second notice shall not be required.

Sec. 2. Minnesota Statutes 1996, section 168B.051, subdivision 2, is amended to read:

Subd. 2. [SALE AFTER 45 DAYS.] An impounded vehicle is eligible for disposal or sale under section 168B.08, 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St. Paul.

Sec. 3. Minnesota Statutes 1996, section 168B.06, subdivision 1, is amended to read:

Subdivision 1. [CONTENTS; NOTICE GIVEN WITHIN TEN DAYS.] When an impounded vehicle is taken into custody, the unit of government or impound lot operator taking it into custody shall give notice of the taking within ten days. The notice shall (a) set forth the date and place of the taking, the year, make, model and serial number of the impounded motor vehicle if such information can be reasonably obtained and the place where the vehicle is being held, (b) inform the owner and any lienholders of their right to reclaim the vehicle under section 168B.07, and (c) state that failure of the owner or lienholders to exercise their right to reclaim the vehicle and contents within the appropriate time allowed under section 168B.051, subdivision 1, 1a, or 2, shall be deemed a waiver by them of all right, title, and interest in the vehicle and contents and a consent to the transfer of title to and disposal or sale of the vehicle and contents pursuant to section 168B.08.

Sec. 4. Minnesota Statutes 1996, section 168B.07, subdivision 1, is amended to read:

Subdivision 1. [PAYMENT OF CHARGES.] The owner or any lienholder of an impounded vehicle shall have a right to reclaim such vehicle from the unit of government or impound lot operator taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 25 or 45 days, as applicable under section 168B.051, subdivision 1, 1a, or 2, after the date of the notice required by section 168B.06.

Sec. 5. [EFFECTIVE DATE.]

This act is effective for each of the cities, respectively, the day after compliance with Minnesota Statutes, section 645.021, subdivision 3, by the city of Minneapolis and by the city of St. Paul."

Delete the title and insert:

"A bill for an act relating to motor vehicles; allowing sale 15 days after notice of vehicles impounded in Minneapolis or St. Paul; amending Minnesota Statutes 1996, sections 168B.051, subdivision 2, and by adding a subdivision; 168B.06, subdivision 1; and 168B.07, subdivision 1."

S. F. No. 166, A bill for an act relating to motor vehicles; allowing sale 25 days after notice of vehicles impounded by Minneapolis, St. Paul, or Bloomington; amending Minnesota Statutes 1996, sections 168B.051, subdivision 2, and by adding a subdivision; 168B.06, subdivision 1; 168B.07, subdivision 1; and 168B.087, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 116 yeas and 17 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Knoblach	Molnau	Swenson, H.	Tuma	Westfall
Boudreau	Krinkie	Smith	Sykora	Van Dellen	Workman
Knight	Lindner	Sviggum	Tompkins	Weaver

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

S. F. No. 813 was reported to the House.

Wagenius moved to amend S. F. No. 813 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 257.02, is amended to read:

257.02 [SURRENDER OF PARENTAL RIGHTS.]

Sec. 2. [257.0215] [CUSTODY CONSENT DECREE.]

A parent may transfer legal and physical custody of a child to a relative by a consent decree entered under this section. The court may approve a proposed consent decree if the custody arrangement is in the best interests of the child and all parties to the decree agree to it after being fully informed of its contents. A consent decree under this section must:

(1) transfer legal and physical custody of the child to a named relative and state that this includes the ability to determine the child's residence; make decisions regarding the child's education, religious training, and health care; and obtain information and public services on behalf of the child in the same manner as a parent;

(2) indicate whether the transfer of custody is temporary or permanent; and

(3) include an order for child support in the guidelines amount and an allocation of child care costs as provided by section 518.551, subject to income withholding under sections 518.611 and 518.613, and section 518.6111, if enacted, and including an order for medical support under section 518.171.

Either a parent or a relative who is party to a consent decree under this section may file a motion to modify or terminate the consent decree at any time. A party who has custody of a child under this section must seek modification of the consent decree before transferring physical or legal custody of the child to anyone.

For purposes of this section, "relative" means an adult who is a stepparent, grandparent, brother, sister, uncle, aunt, or other extended family member of a minor by blood, marriage, or adoption.

Sec. 3. [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.]

If an adoptee has resided with a birth relative before being adopted, adoptive parents and that relative may enter an agreement under this section regarding communication with or contact between a minor adoptee, adoptive parents, and a birth relative. For purposes of this section, "birth relative" means a parent, stepparent, grandparent, brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood or marriage. For an Indian child, birth relative includes members of the extended family as defined by the law or custom of the Indian child's tribe or, in the absence of laws or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act, United States Code, title 25, section 1903.

(a) An agreement regarding communication with or contact between minor adoptees, adoptive parents, and a birth relative is not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this section. An order must be sought at the same time a petition for adoption is filed. The court shall not enter a proposed order unless the terms of the order have been approved in writing by the prospective adoptive parents, a birth relative who desires to be a party to the agreement, and, if the child is in the custody of an agency, a representative of the agency. An agreement under this section need not disclose the identity of the parties to be legally enforceable. The court shall not enter a proposed order unless the court finds that the communication or contact between the minor adoptee, the adoptive parents, and a birth relative as agreed upon and contained in the proposed order would be in the minor adoptee's best interests.

(b) Failure to comply with the terms of an agreed order regarding communication or contact that has been entered by the court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after that consent has become irrevocable.

that the parties agree to a proposed modification. The prevailing party may be awarded reasonable attorney's fees and costs. The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the minor adoptee, and:

(1) the modification is agreed to by the adoptive parent and the birth parent or parents; or

(2) exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.

Sec. 4. Minnesota Statutes 1996, section 259.59, is amended by adding a subdivision to read:

Subd. 3. This section does not prohibit birth relatives and adoptive parents from entering a communication or contact agreement under section 259.58.

Sec. 5. Minnesota Statutes 1996, section 260.191, subdivision 3b, is amended to read:

Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT PLACEMENT DETERMINATION.] (a) If the court places a child in a residential facility, as defined in section 257.071, subdivision 1, the court shall conduct a hearing to determine the permanent status of the child not later than 12 months after the child was placed out of the home of the parent. Not later than ten days prior to this hearing, the responsible social service agency shall file pleadings to establish the basis for the permanent placement determination. Notice of the hearing and copies of the pleadings must be provided pursuant to section 260.141. If a termination of parental rights petition is filed before the date required for the permanency planning determination, no hearing need be conducted under this section. The court shall determine whether the child is to be returned home or, if not, what permanent placement is consistent with the child's best interests. The "best interests of the child" means all relevant factors to be considered and evaluated.

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

(1) permanent legal and physical custody to a relative pursuant to the standards and procedures applicable under chapter 257 or 518. The social service agency may petition on behalf of the proposed custodian;

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

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

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

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

(b) The court may extend the time period for determination of permanent placement to 18 months after the child was placed in a residential facility if:

(1) there is a substantial probability that the child will be returned home within the next six months;

(2) the agency has not made reasonable, or, in the case of an Indian child, active efforts, to correct the conditions that form the basis of the out-of-home placement; or

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

(d) Once a permanent placement determination has been made and permanent placement has been established, further reviews are only necessary if otherwise required by federal law, an adoption has not yet been finalized, or there is a disruption of the permanent or long-term placement. If required, reviews must take place no less frequently than every six months.

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

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

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

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

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

(5) if the child cannot be returned home, whether there is a substantial probability of the child being able to return home in the next six months.

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

Sec. 6. Minnesota Statutes 1996, section 260.241, subdivision 1, is amended to read:

Subdivision 1. If, after a hearing, the court finds by clear and convincing evidence that one or more of the conditions set out in section 260.221 exist, it may terminate parental rights. Upon the termination of parental rights all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceeding concerning the child. Provided, however, that a parent whose parental rights are terminated:

(1) shall remain liable for the unpaid balance of any support obligation owed under a court order upon the effective date of the order terminating parental rights; and

(2) may be a party to a communication or contact agreement under section 259.58.

Sec. 7. Minnesota Statutes 1996, section 518.158, is amended to read:

518.158 [GRANDPARENT RELATIVE EX PARTE TEMPORARY CUSTODY ORDER.]

Subdivision 1. [FACTORS.] It is presumed to be in the best interests of the child for the court to grant temporary custody to a grandparent relative under subdivision 2 if a minor child has resided with the grandparent relative for a period of 12 months or more and the following circumstances exist without good cause:

(2) the parent, during the time the child resided with the grandparent relative, has refused or neglected to comply with the duties imposed upon the parent by the parent and child relationship, including but not limited to providing the child necessary food, clothing, shelter, health care, education, and other care and control necessary for the child's physical, mental, or emotional health and development.

Subd. 2. [EMERGENCY CUSTODY HEARING.] If the parent seeks to remove the child from the home of the grandparent relative and the factors in subdivision 1 exist, the grandparent relative may apply for an ex parte temporary order for custody of the child. The court shall grant temporary custody if it finds, based on the application, that the factors in subdivision 1 exist. If it finds that the factors in subdivision 1 do not exist, the court shall order that the child be returned to the parent. An ex parte temporary custody order under this subdivision is good effective for a fixed period not to exceed 14 days. A temporary custody hearing under this chapter must be set for not later than seven days after issuance of the ex parte temporary custody order. The parent must be promptly served with a copy of the ex parte order and the petition and notice of the date for the hearing.

Subd. 3. [FURTHER PROCEEDINGS.] If the court orders temporary physical custody to the grandparent relative under subdivision 2 and the grandparent relative or parent seeks to pursue further temporary or permanent custody of the child, the custody issues must be determined pursuant to a petition under this chapter and the other standards and procedures of this chapter apply. This section does not affect any rights or remedies available under other law.

Subd. 4. [RETURN TO PARENT.] If the court orders permanent custody to a grandparent relative under this section, the court shall set conditions the parent must meet in order to obtain custody. The court may notify the parent that the parent may request assistance from the local social service agency in order to meet the conditions set by the court.

Subd. 5. [DEFINITION.] For purposes of this section, "relative" means an adult who is a stepparent, grandparent, brother, sister, uncle, aunt, or other extended family member of the minor by blood, marriage, or adoption.

For an Indian child, "relative" includes members of the extended family as defined by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.

Sec. 8. [626.5565] [RELATIVE CARE AGREEMENT.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, "relative" means an adult who is a stepparent, grandparent, brother, sister, uncle, aunt, or other extended family member of the minor by blood, marriage, or adoption.

For an Indian child, "relative" includes members of the extended family as defined by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.

(b) For purposes of this section, "relative care" means one or more of the following: respite care, a monitoring agreement, a designated parent agreement under chapter 257A, access to information about a child, the right to make decisions about a child's residence, education, religious training, or health care, a custody consent decree under section 257.0215, or joint or sole legal or physical custody of a child.

(c) For purposes of this section, "relative care agreement" means an agreement regarding the care of a child that has been reached by the parents and interested relatives of the child after the parents and interested relatives have participated in a facilitated relative care conference under this section.

Written notice of the conference must be provided to the parents and to all relatives who have expressed an interest in participating or have been identified by other relatives. The notice must state that the purpose of the conference is to provide an opportunity for the parents and relatives to reach an agreement regarding the care of the child and explain the forms of relative care listed in subdivision 1. The notice must also inform the parents and relatives of the potential consequences and range of options if they do not enter into a relative care agreement that is in the best interests of the child and that the local service agency may intervene with protective services or determine that the child should be placed out of the home.

The local social service agency shall participate in a relative care conference for the purposes of protecting the child's best interests but may not be a party to a relative care agreement reached by the parents and any participating relatives. A relative care agreement remains in effect unless it expires by its own terms or a parent or a relative who is a party to the agreement seeks to modify or end the agreement. If a relative care agreement results in a transfer of physical custody under section 257.0215 or chapter 518, a parent who seeks to have the child returned to the home of the parent without the consent of the relative with whom the child is staying shall file a motion with the court that approved the custody consent decree or ordered the transfer of custody under chapter 518. The parent has the burden of establishing that:

(1) the conditions that led to the transfer of physical custody have been corrected; and

(2) the parent has demonstrated the ability to care for and provide a stable home for the child.

Sec. 9. [EFFECTIVE DATE.]

Sections 1 to 8 are effective July 1, 1997."

Delete the title and insert:

"A bill for an act relating to children; providing for transfer of custody of a child to a relative by a consent decree; authorizing communication or contact agreements between adoptive parents and birth parents; providing for a relative conference and relative care agreement following a report of child abuse or neglect; amending Minnesota Statutes 1996, sections 257.02; 259.59, by adding a subdivision; 260.191, subdivision 3b; 260.241, subdivision 1; and 518.158; proposing coding for new law in Minnesota Statutes, chapters 257; 259; and 626."

The motion prevailed and the amendment was adopted.

S. F. No. 813, A bill for an act relating to children; providing for transfer of custody of a child to a relative by a consent decree; authorizing communication or contact agreements between adoptive parents and birth relatives; providing for a relative conference and relative care agreement following a report of child abuse or neglect; amending Minnesota Statutes 1996, sections 257.02; 259.59 by adding a subdivision; 260.191, subdivision 3b; 260.241, subdivision 1; and 518.158; proposing coding for new law in Minnesota Statutes, chapters 257; 259; and 626.

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 115 yeas and 17 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Erhardt	Johnson, A.	Mares	Paulsen	Swenson, D.
Bakk	Evans	Johnson, R.	Mariani	Pawlenty	Swenson, H.
Journal of the House - 50th Day - Top of Page 3506
Bettermann	Farrell	Juhnke	Marko	Paymar	Sykora
Biernat	Finseth	Kahn	McCollum	Pelowski	Tingelstad
Bishop	Folliard	Kalis	McElroy	Peterson	Trimble
Boudreau	Garcia	Kelso	McGuire	Pugh	Tuma
Bradley	Goodno	Kinkel	Milbert	Rest	Tunheim
Broecker	Greenfield	Knoblach	Molnau	Reuter	Vickerman
Carlson	Greiling	Koppendrayer	Mullery	Rhodes	Wagenius
Chaudhary	Gunther	Koskinen	Munger	Rifenberg	Wejcman
Clark	Haas	Kraus	Murphy	Rostberg	Westrom
Commers	Harder	Kubly	Ness	Schumacher	Winter
Daggett	Hasskamp	Kuisle	Nornes	Seifert	Wolf
Davids	Hausman	Larsen	Olson, E.	Sekhon	Workman
Dawkins	Hilty	Leighton	Opatz	Skare	Spk. Carruthers
Dehler	Holsten	Leppik	Orfield	Skoglund
Delmont	Huntley	Lieder	Osskopp	Slawik
Dempsey	Jaros	Long	Osthoff	Solberg
Dorn	Jefferson	Luther	Otremba	Stanek
Entenza	Jennings	Mahon	Ozment	Stang

Those who voted in the negative were:

Abrams	Knight	Macklin	Rukavina	Sviggum	Wenzel
Anderson, B.	Krinkie	Mulder	Seagren	Van Dellen	Westfall
Kielkucki	Lindner	Olson, M.	Smith	Weaver

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

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

The bill was read for the 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 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kahn	Mariani	Pawlenty	Sviggum
Anderson, B.	Evans	Kalis	Marko	Paymar	Swenson, D.
Anderson, I.	Farrell	Kelso	McCollum	Pelowski	Swenson, H.
Bakk	Finseth	Kielkucki	McElroy	Peterson	Sykora
Bettermann	Folliard	Kinkel	McGuire	Pugh	Tingelstad
Biernat	Garcia	Knoblach	Milbert	Rest	Tompkins
Bishop	Goodno	Koppendrayer	Molnau	Reuter	Trimble
Boudreau	Greenfield	Koskinen	Mulder	Rhodes	Tuma
Bradley	Greiling	Kraus	Mullery	Rifenberg	Tunheim
Broecker	Gunther	Krinkie	Munger	Rostberg	Van Dellen
Carlson	Haas	Kubly	Murphy	Rukavina	Vickerman
Chaudhary	Harder	Kuisle	Ness	Schumacher	Wagenius
Clark	Hasskamp	Larsen	Nornes	Seagren	Weaver
Commers	Hausman	Leighton	Olson, E.	Seifert	Wejcman
Daggett	Hilty	Leppik	Olson, M.	Sekhon	Wenzel
Davids	Huntley	Lieder	Opatz	Skare	Westfall
Dawkins	Jaros	Lindner	Orfield	Skoglund	Westrom
Dehler	Jefferson	Long	Osskopp	Slawik	Winter
Delmont	Jennings	Luther	Osthoff	Smith	Wolf
Dempsey	Johnson, A.	Macklin	Otremba	Solberg	Workman
Journal of the House - 50th Day - Top of Page 3507
Dorn	Johnson, R.	Mahon	Ozment	Stanek	Spk. Carruthers
Entenza	Juhnke	Mares	Paulsen	Stang

Those who voted in the negative were:

Knight The bill was passed and its title agreed to.

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

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 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed 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 House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2179, A bill for an act relating to education; formulating statewide testing and reporting system; requiring the state board of education to amend certain educational testing rules; proposing coding for new law in Minnesota Statutes, chapter 121.

Patrick E. Flahaven, Secretary of the Senate

Opatz moved that the House refuse to concur in the Senate amendments to H. F. No. 2179, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

S. F. No. 302 was reported to the House.

Clark moved that S. F. No. 302 be temporarily laid over on Special Orders. The motion prevailed.

S. F. No. 333 was reported to the House.

Greenfield moved to amend S. F. No. 333 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 144A.43, subdivision 4, is amended to read:

Subd. 4. [HOME CARE PROVIDER.] "Home care provider" means an individual, organization, association, corporation, unit of government, or other entity that is regularly engaged in the delivery, directly or by contractual arrangement, of home care services for a fee. At least one home care service must be provided directly, although additional home care services may be provided by contractual arrangements. "Home care provider" includes a hospice program defined in section 144A.48. "Home care provider" does not include:

(1) any home care or nursing services conducted by and for the adherents of any recognized church or religious denomination for the purpose of providing care and services for those who depend upon spiritual means, through prayer alone, for healing;

(2) an individual who only provides services to a relative;

(3) an individual not connected with a home care provider who provides assistance with home management services or personal care needs if the assistance is provided primarily as a contribution and not as a business;

(5) an individual or agency providing home-delivered meal services;

(6) an agency providing senior companion services and other older American volunteer programs established under the Domestic Volunteer Service Act of 1973, Public Law Number 98-288;

(7) an employee of a nursing home licensed under this chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56 who provides responds to occasional emergency services to calls from individuals residing in an apartment unit attached to a residential setting that is attached to or located on property contiguous to the nursing home or boarding care home;

(8) a member of a professional corporation organized under sections 319A.01 to 319A.22 that does not regularly offer or provide home care services as defined in subdivision 3;

(9) the following organizations established to provide medical or surgical services that do not regularly offer or provide home care services as defined in subdivision 3: a business trust organized under sections 318.01 to 318.04, a nonprofit corporation organized under chapter 317A, a partnership organized under chapter 323, or any other entity determined by the commissioner;

(10) an individual or agency that provides medical supplies or durable medical equipment, except when the provision of supplies or equipment is accompanied by a home care service;

(11) an individual licensed under chapter 147; or

(12) an individual who provides home care services to a person with a developmental disability who lives in a place of residence with a family, foster family, or primary caregiver.

Sec. 2. Minnesota Statutes 1996, section 144A.45, subdivision 1, is amended to read:

Subdivision 1. [RULES.] The commissioner shall adopt rules for the regulation of home care providers pursuant to sections 144A.43 to 144A.49. The rules shall include the following:

(a) provisions to assure, to the extent possible, the health, safety and well-being, and appropriate treatment of persons who receive home care services;

(b) requirements that home care providers furnish the commissioner with specified information necessary to implement sections 144A.43 to 144A.49;

(c) standards of training of home care provider personnel, which may vary according to the nature of the services provided or the health status of the consumer;

(d) standards for medication management which may vary according to the nature of the services provided, the setting in which the services are provided or the status of the consumer. Medication management includes the central storage, handling, distribution, and administration of medications;

(e) standards of for supervision of home care services requiring supervision by a registered nurse or other appropriate health care professionals of personnel providing home care services, which may vary according to the nature of the services provided or the health status of the consumer professional which must occur on site at least every 62 days, or more frequently if indicated by a clinical assessment, and in accordance with sections 148.171 to 148.285 and rules adopted thereunder;

(f) standards for client evaluation or assessment which may vary according to the nature of the services provided or the status of the consumer;

(f) (h) the establishment of different classes of licenses for different types of providers and different standards and requirements for different kinds of home care services; and

(g) (i) operating procedures required to implement the home care bill of rights.

Sec. 3. Minnesota Statutes 1996, section 144A.45, is amended by adding a subdivision to read:

Subd. 4. [MEDICAID REIMBURSEMENT.] Notwithstanding the provisions of section 256B.071 or state plan requirements to the contrary, certification by the federal Medicare program must not be a requirement of Medicaid payment for services delivered under section 144A.4605.

Sec. 4. Minnesota Statutes 1996, section 144A.46, subdivision 1, is amended to read:

Subdivision 1. [LICENSE REQUIRED.] (a) A home care provider may not operate in the state without a current license issued by the commissioner of health. A home care provider may hold a separate license for each class of home care licensure.

(b) Within ten days after receiving an application for a license, the commissioner shall acknowledge receipt of the application in writing. The acknowledgment must indicate whether the application appears to be complete or whether additional information is required before the application will be considered complete. Within 90 days after receiving a complete application, the commissioner shall either grant or deny the license. If an applicant is not granted or denied a license within 90 days after submitting a complete application, the license must be deemed granted. An applicant whose license has been deemed granted must provide written notice to the commissioner before providing a home care service.

(c) Each application for a home care provider license, or for a renewal of a license, shall be accompanied by a fee to be set by the commissioner under section 144.122.

Sec. 5. Minnesota Statutes 1996, section 144A.46, subdivision 3, is amended to read:

Subd. 3. [ENFORCEMENT.] (a) The commissioner may refuse to grant or renew a license, or may suspend or revoke a license, for violation of statutes or rules relating to home care services or for conduct detrimental to the welfare of the consumer. Prior to any suspension, revocation, or refusal to renew a license, the home care provider shall be entitled to notice and a hearing as provided by sections 14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, without a prior contested case hearing, temporarily suspend a license or prohibit delivery of services by a provider for not more than 60 days if the commissioner determines that the health or safety of a consumer is in imminent danger, provided (1) advance notice is given to the provider; (2) after notice, the provider fails to correct the problem; (3) the commissioner has reason to believe that other administrative remedies are not likely to be effective; and (4) there is an opportunity for a contested case hearing within the 60 days. The process of suspending or revoking a license must include a plan for transferring affected clients to other providers.

(b) The owner and managerial officials, as defined in the home care licensure rules, Minnesota Rules, chapter 4668, of a home care provider whose Minnesota license has not been renewed or has been revoked because of noncompliance with applicable law or rule shall not be eligible to apply for nor will be granted a license for five years following the effective date of the nonrenewal or revocation. Such individuals shall also not be an owner or managerial official of any other home care provider for five years following the effective date of the nonrenewal or revocation.

(d) The provisions contained in paragraphs (b) and (c) shall apply to any nonrenewal or revocation of a home care license occurring after June 1, 1993, the effective date of the home care licensure rules.

(e) The provisions contained in paragraphs (b) and (c) apply only to owners of a home care provider who had sufficient authority to affect or change decisions related to the operation of the home care agency and to managerial officials whose duties included the direction of the management or policies relating to the areas of noncompliance which led to the license revocation or nonrenewal.

Sec. 6. [144A.4605] [ASSISTED LIVING HOME CARE PROVIDER.]

Subdivision 1. [DEFINITIONS.] For purposes of this section, the term "assisted living home care provider" means a home care provider who provides nursing services, delegated nursing services, other services performed by unlicensed personnel, or central storage of medications solely for residents of one or more housing with services establishments registered under chapter 144D.

Subd. 2. [ASSISTED LIVING HOME CARE LICENSE ESTABLISHED.] A home care provider license category entitled assisted living home care provider is hereby established. A home care provider may obtain an assisted living license if the program meets the following requirements:

(a) nursing services, delegated nursing services, other services performed by unlicensed personnel, or central storage of medications under the assisted living license are provided solely for residents of one or more housing with services establishments registered under chapter 144D;

(b) unlicensed personnel perform home health aide and home care aide tasks identified in Minnesota Rules, parts 4668.0100, subparts 1 and 2, and 4668.0110, subpart 1. Qualifications to perform these tasks shall be established in accordance with subdivision 3;

(c) periodic supervision of unlicensed personnel is provided as required by rule;

(d) notwithstanding Minnesota Rules, part 4668.0160, subpart 6, item D, client records shall include:

(1) a weekly summary of the client's status and home care services provided;

(2) documentation each time medications are administered to a client; and

(3) documentation on the day of occurrence of any significant change in the client's status or any significant incident, such as a fall or refusal to take medications.

All entries must be signed by the staff providing the services and entered into the record no later than two weeks after the end of the service day, except as specified in clauses (2) and (3);

(e) medication and treatment orders, if any, are included in the client record and are renewed at least every 12 months, or more frequently when indicated by a clinical assessment;

(f) the central storage of medications in a housing with services establishment registered under chapter 144D is managed under a system that is established by a registered nurse and addresses the control of medications, handling of medications, medication containers, medication records, and disposition of medications; and

(g) in other respects meets the requirements established by rules adopted under sections 144A.45 to 144A.48.

Subd. 3. [TRAINING OR COMPETENCY EVALUATIONS REQUIRED.] (a) Unlicensed personnel must:

(1) satisfy the training or competency requirements established by rule under sections 144A.45 to 144A.48; or

(b) Training for tasks identified under Minnesota Rules, part 4668.0100, subparts 1 and 2, shall use a curriculum which meets the requirements in Minnesota Rules, part 4668.0130.

(c) Competency evaluations for tasks identified under Minnesota Rules, part 4668.0100, subparts 1 and 2, must be completed and documented by a registered nurse.

(d) Unlicensed personnel performing tasks identified under Minnesota Rules, part 4668.0100, subparts 1 and 2, shall be trained or demonstrate competency in the following topics:

(1) an overview of sections 144A.43 to 144A.49 and rules adopted thereunder;

(2) recognition and handling of emergencies and use of emergency services;

(3) reporting the maltreatment of vulnerable minors or adults under sections 626.556 and 626.557;

(4) home care bill of rights;

(5) handling of clients' complaints and reporting of complaints to the office of health facility complaints;

(6) services of the ombudsman for older Minnesotans;

(7) observation, reporting, and documentation of client status and of the care or services provided;

(8) basic infection control;

(9) maintenance of a clean, safe, and healthy environment;

(10) communication skills;

(11) basic elements of body functioning and changes in body function that must be reported to an appropriate health care professional; and

(12) physical, emotional, and developmental needs of clients, and ways to work with clients who have problems in these areas, including respect for the client, the client's property, and the client's family.

(e) Unlicensed personnel who administer medications must comply with rules relating to the administration of medications in Minnesota Rules, part 4668.0100, subpart 2, except that unlicensed personnel need not comply with the requirements of Minnesota Rules, part 4668.0100, subpart 5.

Subd. 4. [LICENSE REQUIRED.] (a) A housing with services establishment registered under chapter 144D that is required to obtain a home care license must obtain an assisted living home care license according to this section or a class A license according to rule.

(b) A board and lodging establishment registered for special services as of December 31, 1996, and also registered as a housing with services establishment under chapter 144D, must deliver home care services according to sections 144A.43 to 144A.49, and may apply for a waiver from requirements under Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a licensed agency under the standards of section 157.17. Such waivers as may be granted by the department will expire upon promulgation of home care rules implementing section 144A.4605.

(c) An adult foster care provider licensed by the department of human services and registered under chapter 144D may continue to provide health-related services under its foster care license until the promulgation of home care rules implementing this section.

Subd. 5. [LICENSE FEES.] The license fees for assisted living home care providers shall be as follows:

(2) $200 annually for those providers serving a monthly average of 16 to 30 clients;

(3) $375 annually for those providers serving a monthly average of 31 to 50 clients; and

(4) $625 annually for those providers serving a monthly average of 50 or more clients.

Subd. 6. [WAIVER.] Upon request of the home care provider, the commissioner may waive the provisions of this section relating to registered nurse duties.

Sec. 7. Minnesota Statutes 1996, section 144D.01, subdivision 4, is amended to read:

Subd. 4. [ELDERLY HOUSING WITH SERVICES ESTABLISHMENT OR ESTABLISHMENT.] "Elderly Housing with services establishment" or "establishment" means an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive service services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment.

Elderly Housing with services establishment does not include:

(1) a nursing home licensed under chapter 144A;

(2) a hospital, boarding care home, or supervised living facility licensed under sections 144.50 to 144.56;

(3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 9530.4450;

(4) a board and lodging establishment which serves as a shelter for battered women or other similar purpose;

(5) a family adult foster care home licensed under Minnesota Rules, parts 9543.0010 to 9543.0150 by the department of human services; or

(6) private homes in which the residents are related by kinship, law, or affinity with the providers of services;

(7) a home-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent, or both;

(8) a duly organized condominium, cooperative, common interest community, or owners' association of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units; or

(9) services for persons with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525.2000 to 9525.2140.

Sec. 8. Minnesota Statutes 1996, section 144D.01, subdivision 5, is amended to read:

Subd. 5. [SUPPORTIVE SERVICES.] "Supportive services" means arranging for medical services, health-related services, social services, transportation, help with personal laundry, or handling or assisting with personal funds of residents, or arranging for medical services, health-related services, social services, or transportation to medical or social services appointments. Arranging for services does not include making referrals, assisting a resident in contacting a service provider of the resident's choice, or contacting a service provider in an emergency.

Sec. 9. Minnesota Statutes 1996, section 144D.01, subdivision 6, is amended to read:

Sec. 10. Minnesota Statutes 1996, section 144D.01, is amended by adding a subdivision to read:

Subd. 7. [FAMILY ADULT FOSTER CARE HOME.] "Family adult foster care home" means an adult foster care home that is licensed by the department of human services, that is the primary residence of the license holder, and in which the license holder is the primary caregiver.

Sec. 11. Minnesota Statutes 1996, section 144D.03, subdivision 1, is amended to read:

Subdivision 1. [REGISTRATION PROCEDURES.] The commissioner shall establish forms and procedures for annual registration of elderly housing with services establishments. The commissioner shall charge an annual registration fee of $35. No fee shall be refunded. A registered establishment shall notify the commissioner within 30 days of the date it is no longer required to be registered under this chapter or of any change in the business name or address of the establishment, the name or mailing address of the owner or owners, or the name or mailing address of the managing agent. There shall be no fee for submission of the notice.

Sec. 12. [144D.035] [RESTRAINTS.]

Residents must be free from any physical or chemical restraints imposed for purposes of discipline or convenience.

Sec. 13. Minnesota Statutes 1996, section 144D.06, is amended to read:

144D.06 [OTHER LAWS.]

An elderly A housing with services establishment shall obtain and maintain all other licenses, permits, registrations, or other governmental approvals required of it in addition to registration under this chapter, except that an establishment registered under this chapter is exempt, at its option, from the requirement of obtaining and maintaining an adult foster care license under Minnesota Rules, parts 9543.0010 to 9543.0150, or a lodging license under chapter 157. An elderly. A housing with services establishment is subject to the provisions of sections 504.01 to 504.28 and 566.01 to 566.175. An elderly housing with services establishment which is also described in section 157.17 is exempt from the requirements of that section while it is registered under this chapter.

Sec. 14. Minnesota Statutes 1996, section 157.17, subdivision 2, is amended to read:

Subd. 2. [REGISTRATION.] At the time of licensure or license renewal, a boarding and lodging establishment or a lodging establishment that provides supportive services or health supervision services must be registered with the commissioner, and must register annually thereafter. The registration must include the name, address, and telephone number of the establishment, the name of the operator, the types of services that are being provided, a description of the residents being served, the type and qualifications of staff in the facility, and other information that is necessary to identify the needs of the residents and the types of services that are being provided. The commissioner shall develop and furnish to the boarding and lodging establishment or lodging establishment the necessary form for submitting the registration. The requirement for registration is effective until the rules required by sections 144B.01 to 144B.17 are effective.

Housing with services establishments registered under chapter 144D shall be considered registered under this section for all purposes except that:

(1) the establishments shall operate under the requirements of chapter 144D; and

(2) the criminal background check requirements of sections 299C.66 to 299C.71 apply. The criminal background check requirements of section 144.057 apply only to personnel providing home care services under sections 144A.43 to 144A.48.

Sec. 15. Minnesota Statutes 1996, section 157.17, subdivision 5, is amended to read:

Subd. 5. [SERVICES THAT MAY NOT BE PROVIDED IN A BOARDING AND LODGING ESTABLISHMENT OR LODGING ESTABLISHMENT.] Except those facilities registered under chapter 144D, a boarding and lodging establishment or lodging establishment may not admit or retain individuals who:

(1) would require assistance from establishment staff because of the following needs: bowel incontinence, catheter care, use of injectable or parenteral medications, wound care, or dressing changes or irrigations of any kind; or

Sec. 16. Minnesota Statutes 1996, section 245A.03, subdivision 2, is amended to read:

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

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

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

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

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

(5) programs for children enrolled in kindergarten to the 12th grade and prekindergarten special education in a school as defined in section 120.101, subdivision 4, and programs serving children in combined special education and regular prekindergarten programs that are operated or assisted by the commissioner of children, families, and learning;

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

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

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

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

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that operate for fewer than 40 calendar days in a calendar year;

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

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

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

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

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

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

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

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

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

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

(23) community support services programs as defined in section 245.462, subdivision 6, and family community support services as defined in section 245.4871, subdivision 17; or

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

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

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

Sec. 17. Minnesota Statutes 1996, section 256B.0913, subdivision 5, is amended to read:

Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a) Alternative care funding may be used for payment of costs of:

(1) adult foster care;

(2) adult day care;

(3) home health aide;

(4) homemaker services;

(5) personal care;

(6) case management;

(7) respite care;

(8) assisted living;

(9) residential care services;

(10) care-related supplies and equipment;

(11) meals delivered to the home;

(13) skilled nursing;

(14) chore services;

(15) companion services;

(16) nutrition services;

(17) training for direct informal caregivers; and

(18) telemedicine devices to monitor recipients in their own homes as an alternative to hospital care, nursing home care, or home visits.

(b) The county agency must ensure that the funds are used only to supplement and not supplant services available through other public assistance or services programs.

(c) Unless specified in statute, the service standards for alternative care services shall be the same as the service standards defined in the elderly waiver. Persons or agencies must be employed by or under a contract with the county agency or the public health nursing agency of the local board of health in order to receive funding under the alternative care program.

(d) The adult foster care rate shall be considered a difficulty of care payment and shall not include room and board. The adult foster care daily rate shall be negotiated between the county agency and the foster care provider. The rate established under this section shall not exceed 75 percent of the state average monthly nursing home payment for the case mix classification to which the individual receiving foster care is assigned, and it must allow for other alternative care services to be authorized by the case manager.

(e) Personal care services may be provided by a personal care provider organization. A county agency may contract with a relative of the client to provide personal care services, but must ensure nursing supervision. Covered personal care services defined in section 256B.0627, subdivision 4, must meet applicable standards in Minnesota Rules, part 9505.0335.

(f) A county may use alternative care funds to purchase medical supplies and equipment without prior approval from the commissioner when: (1) there is no other funding source; (2) the supplies and equipment are specified in the individual's care plan as medically necessary to enable the individual to remain in the community according to the criteria in Minnesota Rules, part 9505.0210, item A; and (3) the supplies and equipment represent an effective and appropriate use of alternative care funds. A county may use alternative care funds to purchase supplies and equipment from a non-Medicaid certified vendor if the cost for the items is less than that of a Medicaid vendor. A county is not required to contract with a provider of supplies and equipment if the monthly cost of the supplies and equipment is less than $250.

(g) For purposes of this section, residential care services are services which are provided to individuals living in residential care homes. Residential care homes are currently licensed as board and lodging establishments and are registered with the department of health as providing special services. Residential care services are defined as "supportive services" and "health-related services." "Supportive services" means the provision of up to 24-hour supervision and oversight. Supportive services includes: (1) transportation, when provided by the residential care center only; (2) socialization, when socialization is part of the plan of care, has specific goals and outcomes established, and is not diversional or recreational in nature; (3) assisting clients in setting up meetings and appointments; (4) assisting clients in setting up medical and social services; (5) providing assistance with personal laundry, such as carrying the client's laundry to the laundry room. Assistance with personal laundry does not include any laundry, such as bed linen, that is included in the room and board rate. Health-related services are limited to minimal assistance with dressing, grooming, and bathing and providing reminders to residents to take medications that are self-administered or providing storage for medications, if requested. Individuals receiving residential care services cannot receive both personal care services and residential care services.

(h) For the purposes of this section, "assisted living" refers to supportive services provided by a single vendor to clients who reside in the same apartment building of three or more units which are not subject to registration under chapter 144D. Assisted living services are defined as up to 24-hour supervision, and oversight, supportive services as defined in clause (1), individualized home care aide tasks as defined in clause (2), and individualized home management tasks as defined in clause

(3) provided to residents of a residential center living in their units or apartments with a full kitchen and bathroom. A full kitchen includes a stove, oven, refrigerator, food preparation counter space, and a kitchen utensil storage compartment. Assisted living services must be provided by the management of the residential center or by providers under contract with the management or with the county.

(1) Supportive services include:

(i) socialization, when socialization is part of the plan of care, has specific goals and outcomes established, and is not diversional or recreational in nature;

(ii) assisting clients in setting up meetings and appointments; and

(iii) providing transportation, when provided by the residential center only.

Individuals receiving assisted living services will not receive both assisted living services and homemaking or personal care services. Individualized means services are chosen and designed specifically for each resident's needs, rather than provided or offered to all residents regardless of their illnesses, disabilities, or physical conditions.

(2) Home care aide tasks means:

(i) preparing modified diets, such as diabetic or low sodium diets;

(ii) reminding residents to take regularly scheduled medications or to perform exercises;

(iii) household chores in the presence of technically sophisticated medical equipment or episodes of acute illness or infectious disease;

(iv) household chores when the resident's care requires the prevention of exposure to infectious disease or containment of infectious disease; and

(v) assisting with dressing, oral hygiene, hair care, grooming, and bathing, if the resident is ambulatory, and if the resident has no serious acute illness or infectious disease. Oral hygiene means care of teeth, gums, and oral prosthetic devices.

(3) Home management tasks means:

(i) housekeeping;

(ii) laundry;

(iii) preparation of regular snacks and meals; and

(iv) shopping.

Assisted living services as defined in this section shall not be authorized in boarding and lodging establishments licensed according to sections 157.011 and 157.15 to 157.22.

(i) For establishments registered under chapter 144D, assisted living services under this section means the services described and licensed under section 144A.4605.

of either statewide or any of the geographic groups' weighted average monthly medical assistance nursing facility payment rate of the case mix resident class to which the 180-day eligible client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059. The rate may not cover rent and direct food costs, unless the services are provided by a home care provider licensed by the department of health and are provided in a building that is registered as a housing with services establishment under chapter 144D and that provides 24-hour supervision.

(j) (k) For purposes of this section, companion services are defined as nonmedical care, supervision and oversight, provided to a functionally impaired adult. Companions may assist the individual with such tasks as meal preparation, laundry and shopping, but do not perform these activities as discrete services. The provision of companion services does not entail hands-on medical care. Providers may also perform light housekeeping tasks which are incidental to the care and supervision of the recipient. This service must be approved by the case manager as part of the care plan. Companion services must be provided by individuals or nonprofit organizations who are under contract with the local agency to provide the service. Any person related to the waiver recipient by blood, marriage or adoption cannot be reimbursed under this service. Persons providing companion services will be monitored by the case manager.

(k) (l) For purposes of this section, training for direct informal caregivers is defined as a classroom or home course of instruction which may include: transfer and lifting skills, nutrition, personal and physical cares, home safety in a home environment, stress reduction and management, behavioral management, long-term care decision making, care coordination and family dynamics. The training is provided to an informal unpaid caregiver of a 180-day eligible client which enables the caregiver to deliver care in a home setting with high levels of quality. The training must be approved by the case manager as part of the individual care plan. Individuals, agencies, and educational facilities which provide caregiver training and education will be monitored by the case manager.

Sec. 18. Minnesota Statutes 1996, section 256B.0915, subdivision 3, is amended to read:

Subd. 3. [LIMITS OF CASES, RATES, REIMBURSEMENT, AND FORECASTING.] (a) The number of medical assistance waiver recipients that a county may serve must be allocated according to the number of medical assistance waiver cases open on July 1 of each fiscal year. Additional recipients may be served with the approval of the commissioner.

(b) The monthly limit for the cost of waivered services to an individual waiver client shall be the statewide average payment rate of the case mix resident class to which the waiver client would be assigned under the medical assistance case mix reimbursement system. If medical supplies and equipment or adaptations are or will be purchased for an elderly waiver services recipient, the costs may be prorated on a monthly basis throughout the year in which they are purchased. If the monthly cost of a recipient's other waivered services exceeds the monthly limit established in this paragraph, the annual cost of the waivered services shall be determined. In this event, the annual cost of waivered services shall not exceed 12 times the monthly limit calculated in this paragraph. The statewide average payment rate is calculated by determining the statewide average monthly nursing home rate, effective July 1 of the fiscal year in which the cost is incurred, less the statewide average monthly income of nursing home residents who are age 65 or older, and who are medical assistance recipients in the month of March of the previous state fiscal year. The annual cost divided by 12 of elderly or disabled waivered services for a person who is a nursing facility resident at the time of requesting a determination of eligibility for elderly or disabled waivered services shall not exceed the monthly payment for the resident class assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, for that resident in the nursing facility where the resident currently resides. The following costs must be included in determining the total monthly costs for the waiver client:

(1) cost of all waivered services, including extended medical supplies and equipment; and

(2) cost of skilled nursing, home health aide, and personal care services reimbursable by medical assistance.

(c) Medical assistance funding for skilled nursing services, private duty nursing, home health aide, and personal care services for waiver recipients must be approved by the case manager and included in the individual care plan.

(e) For the fiscal year beginning on July 1, 1993, and for subsequent fiscal years, the commissioner of human services shall not provide automatic annual inflation adjustments for home and community-based waivered services. The commissioner of finance shall include as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11, annual adjustments in reimbursement rates for home and community-based waivered services, based on the forecasted percentage change in the Home Health Agency Market Basket of Operating Costs, for the fiscal year beginning July 1, compared to the previous fiscal year, unless otherwise adjusted by statute. The Home Health Agency Market Basket of Operating Costs is published by Data Resources, Inc. The forecast to be used is the one published for the calendar quarter beginning January 1, six months prior to the beginning of the fiscal year for which rates are set. The adult foster care rate shall be considered a difficulty of care payment and shall not include room and board.

(f) The adult foster care daily rate for the elderly and disabled waivers shall be negotiated between the county agency and the foster care provider. The rate established under this section shall not exceed the state average monthly nursing home payment for the case mix classification to which the individual receiving foster care is assigned; the rate must allow for other waiver and medical assistance home care services to be authorized by the case manager.

(g) The assisted living and residential care service rates for elderly and community alternatives for disabled individuals (CADI) waivers shall be made to the vendor as a monthly rate negotiated with the county agency based on an individualized service plan for each resident. The rate shall not exceed the nonfederal share of the greater of either the statewide or any of the geographic groups' weighted average monthly medical assistance nursing facility payment rate of the case mix resident class to which the elderly or disabled client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, unless the services are provided by a home care provider licensed by the department of health and are provided in a building that is registered as a housing with services establishment under chapter 144D and that provides 24-hour supervision. For alternative care assisted living projects established under Laws 1988, chapter 689, article 2, section 256, monthly rates may not exceed 65 percent of the greater of either the statewide or any of the geographic groups' weighted average monthly medical assistance nursing facility payment rate for the case mix resident class to which the elderly or disabled client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059. The rate may not cover direct rent or food costs.

(h) The county shall negotiate individual rates with vendors and may be reimbursed for actual costs up to the greater of the county's current approved rate or 60 percent of the maximum rate in fiscal year 1994 and 65 percent of the maximum rate in fiscal year 1995 for each service within each program.

(i) On July 1, 1993, the commissioner shall increase the maximum rate for home-delivered meals to $4.50 per meal.

(j) Reimbursement for the medical assistance recipients under the approved waiver shall be made from the medical assistance account through the invoice processing procedures of the department's Medicaid Management Information System (MMIS), only with the approval of the client's case manager. The budget for the state share of the Medicaid expenditures shall be forecasted with the medical assistance budget, and shall be consistent with the approved waiver.

(k) Beginning July 1, 1991, the state shall reimburse counties according to the payment schedule in section 256.025 for the county share of costs incurred under this subdivision on or after January 1, 1991, for individuals who are receiving medical assistance.

Sec. 19. Minnesota Statutes 1996, section 256I.04, subdivision 2a, is amended to read:

Subd. 2a. [LICENSE REQUIRED.] A county agency may not enter into an agreement with an establishment to provide group residential housing unless:

(1) the establishment is licensed by the department of health as a hotel and restaurant; a board and lodging establishment; a residential care home; a boarding care home before March 1, 1985; or a supervised living facility, and the service provider for residents of the facility is licensed under chapter 245A. However, an establishment licensed by the department of health to provide lodging need not also be licensed to provide board if meals are being supplied to residents under a contract with a food vendor who is licensed by the department of health; or

(3) the establishment is registered under chapter 144D and provides three meals a day.

The requirements under clauses (1) and, (2), and (3) do not apply to establishments exempt from state licensure because they are located on Indian reservations and subject to tribal health and safety requirements.

Sec. 20. Minnesota Statutes 1996, section 462.357, subdivision 7, is amended to read:

Subd. 7. [PERMITTED SINGLE FAMILY USE.] A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

Sec. 21. [STUDY OF NURSING HOME PROVISION OF HOME CARE SERVICES.]

The commissioner of health shall perform a study to determine the most appropriate and cost-effective way to enable licensing nursing home and boarding care home providers to use their existing pool of trained staff to provide home care services in a housing with services establishment registered according to Minnesota Statutes, chapter 144D, that is attached to or located on property contiguous to the nursing home or boarding care home. The study shall evaluate comparability of current home care licensing, enforcement, and quality assurance provisions with alternative regulatory structures, including but not limited to private contracts, home care license options, and nursing home license options. The commissioner shall convene an advisory group that is representative of the affected parties to advise the department of the feasibility of proposed options. The commissioner shall submit a report to the chairs of the senate health and family security committee and the house of representatives health and human services committee no later than January 15, 1998.

Sec. 22. [REPEALER.]

Minnesota Statutes 1996, sections 144A.45, subdivision 3; 144A.49; 144B.01; 144B.02; 144B.03; 144B.04; 144B.05; 144B.06; 144B.07; 144B.08; 144B.09; 144B.10; 144B.11; 144B.12; 144B.13; 144B.14; 144B.15; 144B.16; and 144B.17, are repealed."

The motion prevailed and the amendment was adopted.

Greenfield moved to amend S. F. No. 333, as amended, as follows:

Page 5, line 31, delete everything after the period

Page 5, delete lines 32 to 34

Page 6, line 4, after the period insert "(d)"

Page 6, line 7, delete ", after the date of initial licensure,"

propose additional restrictions or limitations on the provider's license and require that the granting of the stay be contingent upon compliance with those provisions. The commissioner shall take into consideration the following factors when determining whether the stay should be granted:

(1) the threat that continued involvement of the owners and managerial officials in the home care provider poses to client health, safety and well being;

(2) the compliance history of the home care provider; and

(3) the appropriateness of any limits suggested by the home care provider.

If the commissioner grants the stay, the order shall include any restrictions or limitation on the provider's license. The failure of the provider to comply with any restrictions or limitations shall result in the immediate removal of the stay and the commissioner shall take immediate action to suspend, revoke or not renew the license."

Page 6, line 15, delete "(d)" and insert "(e)"

Page 6, delete lines 19 to 25 and insert:

"(f) For the purposes of this subdivision, owners of a home care provider 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 subdivision, managerial officials are those individuals who had the responsibility for the ongoing management or direction of the policies, services or employees of the home care provider relating to the areas of noncompliance which led to the license revocation or nonrenewal."

The motion prevailed and the amendment was adopted.

S. F. No. 333, A bill for an act relating to home care; modifying an exemption from the definition of provider; requiring rules to include certain standards; establishing an assisted living home care provider license; redefining elderly housing with services establishment; modifying reimbursement procedures for assisted living services under medical assistance and alternative care; defining certain housing with services establishments as a permitted single family residential use of property for zoning purposes; requiring a study; amending Minnesota Statutes 1996, sections 144A.43, subdivision 4; 144A.45, subdivision 1, and by adding a subdivision; 144A.46, subdivisions 1 and 3; 144D.01, subdivisions 4, 5, 6, and by adding a subdivision; 144D.03, subdivision 1; 144D.06; 157.17, subdivisions 2 and 5; 245A.03, subdivision 2; 256B.0913, subdivision 5; 256B.0915, subdivision 3; 256I.04, subdivision 2a; and 462.357, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 144A; and 144D; repealing Minnesota Statutes 1996, sections 144A.45, subdivision 3; 144A.49; 144B.01; 144B.02; 144B.03; 144B.04; 144B.05; 144B.06; 144B.07; 144B.08; 144B.09; 144B.10; 144B.11; 144B.12; 144B.13; 144B.14; 144B.15; 144B.16; and 144B.17.

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

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

Those who voted in the affirmative were:

Abrams	Evans	Kalis	Marko	Pelowski	Sykora
Anderson, B.	Farrell	Kelso	McCollum	Peterson	Tingelstad
Anderson, I.	Finseth	Kielkucki	McElroy	Pugh	Tompkins
Bakk	Folliard	Kinkel	McGuire	Rest	Trimble
Bettermann	Garcia	Knight	Milbert	Reuter	Tuma
Biernat	Goodno	Knoblach	Molnau	Rhodes	Tunheim
Bishop	Greenfield	Koppendrayer	Mulder	Rifenberg	Van Dellen
Boudreau	Greiling	Koskinen	Mullery	Rostberg	Vickerman
Bradley	Gunther	Kraus	Munger	Rukavina	Wagenius
Broecker	Haas	Krinkie	Murphy	Schumacher	Weaver
Carlson	Harder	Kubly	Ness	Seagren	Wejcman
Chaudhary	Hasskamp	Kuisle	Nornes	Seifert	Wenzel
Clark	Hausman	Larsen	Olson, E.	Sekhon	Westfall
Journal of the House - 50th Day - Top of Page 3523
Commers	Hilty	Leighton	Olson, M.	Skare	Westrom
Daggett	Holsten	Leppik	Opatz	Skoglund	Winter
Davids	Huntley	Lieder	Orfield	Slawik	Wolf
Dawkins	Jaros	Lindner	Osskopp	Smith	Workman
Dehler	Jefferson	Long	Osthoff	Solberg	Spk. Carruthers
Delmont	Jennings	Luther	Otremba	Stanek
Dempsey	Johnson, A.	Macklin	Ozment	Stang
Dorn	Johnson, R.	Mahon	Paulsen	Sviggum
Entenza	Juhnke	Mares	Pawlenty	Swenson, D.
Erhardt	Kahn	Mariani	Paymar	Swenson, H.

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

S. F. No. 755 which was temporarily laid over earlier today on Special Orders was again reported to the House.

S. F. No. 755 was reported to the House.

Solberg moved to amend S. F. No. 755 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 3.055, is amended by adding a subdivision to read:

Subd. 1a. [MEETINGS BY ELECTRONIC MEANS.] (a) A meeting governed by this section may be conducted by interactive television so long as:

(1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; and

(3) at least one member of the body is physically present at the regular meeting location.

(b) Each member of a body participating in a meeting by interactive television is considered present at the meeting for purposes of determining a quorum.

(c) If interactive television is used to conduct a meeting, to the extent practical, a body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the body incurs as a result of the additional connection.

Sec. 2. Minnesota Statutes 1996, section 462A.04, subdivision 7, is amended to read:

Subd. 7. [POWERS; QUORUM; VOTING MAJORITY.] (a) The powers of the agency shall be vested in the members thereof in office from time to time and a majority of the members of the agency constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the agency upon a vote of a majority of the members present.

(b) A meeting of the members may be conducted by telephone or other electronic means so long as:

(1) the meeting is a special or emergency meeting, and not a regular meeting;

(2) the members participating in the meeting, wherever their physical location, can simultaneously hear and identify each other and hear all discussion presented; and

(3) members of the public present at the location of the meeting can hear all discussion and testimony and the votes and identities of the members.

(c) Participation in a meeting by telephone or other electronic means constitutes presence at the meeting.

Sec. 3. Minnesota Statutes 1996, section 471.705, subdivision 1, is amended to read:

Subdivision 1. [PRESUMPTION OF OPENNESS.] (a) Except as otherwise expressly provided by statute, all meetings, including executive sessions, of any a state agency, board, commission, or department, when required or permitted by law to transact public business in a meeting, and the governing body of any a school district however organized, unorganized territory, county, statutory or home rule city, town, or other public body, and of any committee, subcommittee, board, department, or commission thereof, shall of a public body, must be open to the public, except meetings of the commissioner of corrections. The votes of the members of such the state agency, board, commission, or department or of such the governing body, committee, subcommittee, board, department, or commission on any an action taken in a meeting herein required by this subdivision to be open to the public shall must be recorded in a journal kept for that purpose, and the journal shall must be open to the public during all normal business hours where such records of the public body are kept. The vote of each member shall must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. This section shall does not apply to any a state agency, board, or commission when it is exercising quasi-judicial functions involving disciplinary proceedings.

(b) A meeting governed by this subdivision may be conducted by interactive television so long as:

(1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; and

(3) at least one member of the body is physically present at the regular meeting location.

(c) Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum.

(d) If interactive television is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection.

Delete the title and insert:

"A bill for an act relating to meetings of governmental bodies; authorizing meetings by interactive television if certain criteria are met; amending Minnesota Statutes 1996, sections 3.055, by adding a subdivision; 462A.04, subdivision 7; and 471.705, subdivision 1."

The motion prevailed and the amendment was adopted.

Solberg moved to amend S. F. No. 755, as amended, as follows:

Page 1, line 24, before the period, insert "and casting votes"

The motion prevailed and the amendment was adopted.

Tunheim moved to amend S. F. No. 755, as amended, as follows:

Page 2, after line 7, insert:

"Sec. 2. Minnesota Statutes 1996, section 41B.025, subdivision 5, is amended to read:

Subd. 5. [ACTIONS OF THE AUTHORITY.] (a) A majority of the members of the authority, excluding vacancies, constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of a quorum present.

(b) A meeting of the members may be conducted by telephone or other electronic means so long as the following conditions are met:

(1) all members of the body participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

(2) members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of members of the body;

(3) at least one member of the public body is physically present at the regular meeting location; and

(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

(c) Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum and casting votes.

(d) If telephone or another electronic means is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection.

Page 2, delete section 2 and insert:

"Sec. 3. Minnesota Statutes 1996, section 462A.04, subdivision 7, is amended to read:

Subd. 7. [POWERS; QUORUM; VOTING MAJORITY.] (a) The powers of the agency shall be vested in the members thereof in office from time to time and a majority of the members of the agency constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the agency upon a vote of a majority of the members present.

(b) A meeting of the members may be conducted by telephone or other electronic means so long as the following conditions are met:

(1) all members of the body participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

(2) members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of members of the body;

(3) at least one member of the public body, the commissioner, the deputy commissioner, or an attorney for the agency is physically present at the regular meeting location; and

(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

(c) Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum and casting votes.

(d) If telephone or another electronic means is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection.

(e) If telephone or another electronic means is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location, of the fact that some members may participate by electronic means, and of the provisions of paragraph (d). The timing and method of providing notice must be as described in section 471.705, subdivision 1c."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

The Speaker called Wejcman to the Chair.

Solberg moved to amend S. F. No. 755, as amended, as follows:

Page 3, line 32, after "quorum" insert "and casting votes"

Boudreau moved to amend S. F. No. 755, as amended, as follows:

Page 3, line 30, after "body" insert "who is accessible to their constituents and who is"

The motion prevailed and the amendment was adopted.

S. F. No. 755, A bill for an act relating to meetings of governmental bodies; authorizing meetings by interactive television if certain criteria are met; amending Minnesota Statutes 1996, sections 3.055, by adding a subdivision; and 471.705, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 116 yeas and 16 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Holsten	Krinkie	Paulsen	Seifert	Westfall
Anderson, B.	Kielkucki	Marko	Reuter	Tompkins
Goodno	Knight	Olson, M.	Rifenberg	Van Dellen

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

S. F. No. 413, A bill for an act relating to water; authorizing a state general permit for water appropriation; amending Minnesota Statutes 1996, section 103G.271, subdivision 1.

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 302 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Clark, Greenfield, Mulder and Bradley moved to amend S. F. No. 302 as follows:

Page 1, line 10, after "62Q.19" insert "and is associated with a hospital,"

The motion prevailed and the amendment was adopted.

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

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 118 yeas and 14 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Juhnke	Macklin	Otremba	Stanek
Anderson, I.	Farrell	Kahn	Mahon	Ozment	Stang
Bakk	Finseth	Kalis	Mares	Paulsen	Swenson, D.
Bettermann	Folliard	Kelso	Mariani	Pawlenty	Swenson, H.
Biernat	Garcia	Kielkucki	Marko	Paymar	Tingelstad
Bishop	Goodno	Kinkel	McCollum	Pelowski	Tompkins
Boudreau	Greenfield	Knight	McElroy	Peterson	Trimble
Bradley	Greiling	Knoblach	McGuire	Pugh	Tunheim
Broecker	Gunther	Koppendrayer	Milbert	Rest	Vickerman
Carlson	Harder	Koskinen	Molnau	Rhodes	Wagenius
Chaudhary	Hasskamp	Krinkie	Mulder	Rostberg	Weaver
Clark	Hausman	Kubly	Mullery	Rukavina	Wejcman
Commers	Hilty	Kuisle	Munger	Schumacher	Wenzel
Daggett	Holsten	Larsen	Murphy	Seifert	Westfall
Dawkins	Huntley	Leighton	Ness	Sekhon	Winter
Delmont	Jaros	Leppik	Olson, E.	Skare	Wolf
Journal of the House - 50th Day - Top of Page 3529
Dempsey	Jefferson	Lieder	Opatz	Skoglund	Workman
Dorn	Jennings	Lindner	Orfield	Slawik	Spk. Carruthers
Entenza	Johnson, A.	Long	Osskopp	Smith
Erhardt	Johnson, R.	Luther	Osthoff	Solberg

Those who voted in the negative were:

Anderson, B.	Haas	Olson, M.	Seagren	Van Dellen	Westrom
Davids	Kraus	Reuter	Sviggum
Dehler	Nornes	Rifenberg	Tuma

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

The Speaker resumed the Chair.

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.

Milbert moved that the name of Osthoff be added as second author on H. F. No. 313. The motion prevailed.

McGuire moved that the name of Ness be added as an author on H. F. No. 727. The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, April 29, 1997, when the vote was taken on the repassage of H. F. No. 209, as amended by the Senate." The motion prevailed.

Westfall moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Tuesday, April 29, 1997, when the vote was taken on the first Olson, M., amendment to H. F. No. 2179, the first engrossment." The motion prevailed.

Koskinen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, April 29, 1997, when the vote was taken on the final passage of S. F. No. 512, as amended." The motion prevailed.

Wenzel moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Tuesday, April 29, 1997, when the vote was taken on the final passage of S. F. No. 1037." The motion prevailed.

Entenza moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, April 29, 1997, when the vote was taken on the final passage of S. F. No. 1155." The motion prevailed.

Skare moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Tuesday, April 29, 1997, when the vote was taken on the Rukavina et al amendment to S. F. No. 1908, the second unofficial engrossment, as amended." The motion prevailed.

Larsen, Broecker, Carlson, Mares and Swenson, D., introduced:

House Resolution No. 2, A house resolution recognizing Tuesday, November 18, 1997, as "Principal For a Day" Day.

The resolution was referred to the Committee on Rules and Legislative Administration.

Clark, Seagren, Garcia, Vickerman and Delmont introduced:

House Resolution No. 3, A house resolution urging the President of the United States to direct the Department of the Interior to add a statue to the Franklin Delano Roosevelt memorial, showing his disability.

The resolution was referred to the Committee on Rules and Legislative Administration.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2179:

Opatz, Carlson and Seagren.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1880:

Murphy; Skoglund; Pugh; Swenson, D., and Broecker.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1908:

Greenfield, Dorn, Huntley, Bradley and Vickerman.

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Thursday, May 1, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Thursday, May 1, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives