The House of Representatives convened at 10:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.
Prayer was offered by the Reverend David Flaschka, Society of Jesus, Saint Luke Catholic Church, St. Paul, Minnesota.
The roll was called and the following members were present:
Abrams | Erhardt | Kalis | Marko | Pelowski | Sykora |
Anderson, B. | Evans | Kelso | McCollum | Peterson | Tingelstad |
Anderson, I. | Finseth | Kielkucki | McElroy | Pugh | Tomassoni |
Bakk | Folliard | Kinkel | McGuire | Rest | Tompkins |
Bettermann | Garcia | Knight | Milbert | Reuter | Trimble |
Biernat | Goodno | Knoblach | Molnau | Rhodes | Tuma |
Bishop | Greenfield | Koppendrayer | Mulder | Rifenberg | Tunheim |
Boudreau | Greiling | Koskinen | Mullery | Rostberg | Van Dellen |
Bradley | Gunther | Kraus | Munger | Rukavina | Vickerman |
Broecker | Haas | Krinkie | Murphy | Schumacher | Wagenius |
Carlson | Harder | Kubly | Ness | Seagren | Weaver |
Chaudhary | Hasskamp | Kuisle | Nornes | Seifert | Wejcman |
Clark | Hausman | Larsen | Olson, E. | Skare | Wenzel |
Commers | Hilty | Leighton | Olson, M. | Skoglund | Westfall |
Daggett | Holsten | Leppik | Opatz | Slawik | Westrom |
Davids | Huntley | Lieder | Orfield | Smith | Winter |
Dawkins | Jaros | Lindner | Osskopp | Solberg | Wolf |
Dehler | Jennings | Long | Osthoff | Stanek | Workman |
Delmont | Johnson, A. | Luther | Otremba | Stang | Spk. Carruthers |
Dempsey | Johnson, R. | Mahon | Paulsen | Sviggum | |
Dorn | Juhnke | Mares | Pawlenty | Swenson, D. | |
Entenza | Kahn | Mariani | Paymar | Swenson, H. | |
A quorum was present.
Jefferson was excused until 10:50 a.m. Ozment was excused until 11:30 a.m. Sekhon was excused until 11:40 a.m. Macklin was excuded until 12:30 p.m. Farrell was excused until 1:40 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Kubly moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
S. F. No. 234 and H. F. No. 272, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Wejcman moved that the rules be so far suspended that S. F. No. 234 be substituted for H. F. No. 272 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 338 and H. F. No. 2097, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Harder moved that S. F. No. 338 be substituted for H. F. No. 2097 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 349 and H. F. No. 740, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Juhnke moved that the rules be so far suspended that S. F. No. 349 be substituted for H. F. No. 740 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 590 and H. F. No. 537, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Jennings moved that the rules be so far suspended that S. F. No. 590 be substituted for H. F. No. 537 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 995 and H. F. No. 1129, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kahn moved that the rules be so far suspended that S. F. No. 995 be substituted for H. F. No. 1129 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1404 and H. F. No. 609, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Erhardt moved that the rules be so far suspended that S. F. No. 1404 be substituted for
H. F. No. 609 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1807 and H. F. No. 1870, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Leighton moved that S. F. No. 1807 be substituted for H. F. No. 1870 and that the House
File be indefinitely postponed. The motion prevailed.
S. F. Nos. 234, 338, 349, 590, 995, 1404 and 1807 were read for the second time.
The following House Files were introduced:
Kubly, Juhnke, Peterson, Dorn and Finseth introduced:
H. F. No. 2182, A bill for an act relating to taxation; extending the due date for first half taxes on
certain business property.
The bill was read for the first time and referred to the Committee on Taxes.
Dempsey introduced:
H. F. No. 2183, A bill for an act relating to capital improvements; authorizing the issuance of bonds
to refurbish the Le Duc mansion in Hastings; appropriating money.
The bill was read for the first time and referred to the Committee on Economic Development and
International Trade.
Finseth, Lieder, Westfall, Peterson and Seifert introduced:
H. F. No. 2184, A bill for an act relating to flood control; appropriating money for flood hazard
mitigation grants; authorizing state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Bettermann, Knoblach and Dempsey introduced:
H. F. No. 2185, A bill for an act relating to capital
improvements; authorizing spending for sanitary sewer systems in Ida and Lake
Mary townships in Douglas county; authorizing issuance of bonds; appropriating
money.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
S. F. No. 536 was reported to the House.
Wejcman moved that S. F. No. 536 be temporarily laid
over on Special Orders. The motion prevailed.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
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. 735, 741, 329, 525, 1179, 1693, 854, 575, 683
and 1807; H. F. No. 1936; S. F. No. 399; H. F. No. 858; and S. F. Nos. 156 and
1165.
On the motion of Winter and on the demand of 10 members,
a call of the House was ordered. The following members answered to their names:
Abrams | Finseth | Kielkucki | McCollum | Pugh | Sykora |
Anderson, B. | Folliard | Kinkel | McGuire | Reuter | Tingelstad |
Anderson, I. | Garcia | Knight | Molnau | Rhodes | Tomassoni |
Bakk | Goodno | Knoblach | Mulder | Rifenberg | Tompkins |
Bettermann | Greenfield | Koppendrayer | Mullery | Rostberg | Trimble |
Biernat | Greiling | Koskinen | Murphy | Schumacher | Tuma |
Bradley | Gunther | Kraus | Ness | Seagren | Tunheim |
Broecker | Haas | Krinkie | Nornes | Seifert | Vickerman |
Chaudhary | Hasskamp | Kubly | Olson, E. | Skare | Weaver |
Clark | Hilty | Kuisle | Olson, M. | Skoglund | Wejcman |
Davids | Holsten | Larsen | Orfield | Slawik | Wenzel |
Dawkins | Huntley | Leighton | Osskopp | Smith | Westfall |
Dehler | Jaros | Lieder | Osthoff | Solberg | Westrom |
Dempsey | Johnson, A. | Lindner | Paulsen | Stanek | Winter |
Dorn | Johnson, R. | Long | Pawlenty | Stang | Wolf |
Entenza | Juhnke | Luther | Paymar | Sviggum | Spk. Carruthers |
Erhardt | Kalis | Mahon | Pelowski | Swenson, D. | |
Evans | Kelso | Mares | Peterson | Swenson, H. | |
Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
S. F. No. 735 was reported to the House.
Rhodes moved to amend S. F. No. 735 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 473.511, subdivision 4, is amended to read:
Subd. 4. [CURRENT VALUE OF EXISTING FACILITIES.] When
the council assumes the ownership of any existing interceptors or treatment
works as provided in subdivision 2 or 3, the local government unit or units
which paid part or all of the cost of such facility, directly or pursuant to
contracts for reimbursement of costs, shall be entitled to receive a credit
against amounts to be allocated to them under section 473.517, which may be
spread over such period not exceeding 30 years as the council shall determine,
and an additional credit equal to interest on the unused credit balance from
time to time at the rate of four percent per annum. The amount of such credit
shall equal the current value of the facility computed by
the council in the manner provided in this subdivision
at the time the council acquires it. The original cost of a facility shall be
computed as the total actual costs of constructing it, including engineering,
legal, and administrative costs, less any part of it paid from federal or state
funds and less the principal amount of any then outstanding bonds which were
issued to finance its construction. The original cost shall be multiplied by a
factor equal to a current cost index divided by the same cost index at the time
of construction, to determine replacement cost. The cost indices used shall be
the Engineering News Record Construction Cost Indices for facilities or parts
thereof completed before 1930, and the United States Public Health Service
Federal Water Pollution Control Values for Sewer and Treatment Plant
Construction, as applied to facilities or parts thereof completed in or after
1930. The current value of the facility shall be the replacement cost
depreciated by 2.50 percent per annum from the date of construction of treatment
works and 1.25 percent per annum from the date of construction of interceptors;
and decreased further by a reasonable allowance for obsolescence if the council
determines that the facility or any part thereof will not be useful for council
purposes for at least the remaining period required to depreciate it fully,
assuming no salvage value. The current value of each such facility shall be
credited to each local government unit in proportion to the amount of the
construction cost paid by that unit, as determined by the council, taking into
account reimbursements previously made under contracts between any of the local
government units. The council shall prepare an itemized statement of the amount
of credit each local government unit is entitled to receive under this
subdivision, and the years and amounts of installments of principal and interest
thereon, and shall cause it to be mailed or delivered to the governing body of
each local government unit concerned. All credits allowed under this subdivision
shall be used to finance current costs allocated to the local government unit by
the council or for other sewer costs, and the credits shall not be considered as
proceeds from the sale of municipal property so as to permit their use for other
purposes. At its option, the council may make a periodic
payment to each local government unit in the amount of the credits provided
under this subdivision, in place of a credit against amounts to be allocated to
those local government units under section 473.517.
Sec. 2. Minnesota Statutes 1996, section 473.517,
subdivision 1, is amended to read:
Subdivision 1. [CURRENT COSTS DEFINED.] The estimated
costs of operation, maintenance, and debt service of the metropolitan disposal
system to be paid by the council in each fiscal year, and the costs of
acquisition and betterment of the system which are to be paid during the year
from funds other than bond proceeds, including all expenses incurred by the
council pursuant to sections 473.501 to 473.545, are referred to in this section
as current costs, and shall be allocated in the budget for that year to the
respective local government units in the metropolitan area as provided in
subdivisions 2 to 6. The amount budgeted by the council for any year for a
reserve or contingency fund must be treated as a current cost and allocated as a
cost of operation and maintenance in accordance with this section. The reserve
or contingency fund so established may not exceed an amount equal to 7.5 percent
of the council's waste control operating budget in total. The amount budgeted by the council for any year for cash
flow management must be treated as a current cost and allocated as a cost of
operation and maintenance in accordance with this section. The cash flow
management fund so established must not exceed the amount that is five percent
of the council's total waste control operating budget.
Sec. 3. Minnesota Statutes 1996, section 473.517,
subdivision 2, is amended to read:
Subd. 2. [ALLOCATION OF TREATMENT, INTERCEPTOR COSTS
; ADJUSTED VOLUME.] Except as provided in subdivision
3, the current costs of all treatment works and interceptors in the metropolitan
disposal system shall be allocated among and paid by all local government units
which will discharge sewage, directly or indirectly, into the metropolitan
disposal system during the budget year, in proportion to the total volume estimated to be so discharged by each local government
unit, adjusted as follows:
(a) increased or decreased, as
the case may be, to the extent the council determines, on the basis of such
historical and reasonably projected data as may be available, that the sewage
discharged by one unit will require more or less treatment to produce a suitable
effluent than that discharged by others;
(b) decreased by any amount of
surface water estimated by the council to be discharged by a local government
unit from a combined storm and sanitary sewer system;
(c) increased by that volume of
normal sanitary sewage which is equivalent for treatment purposes to the volume
of surface water referred to in clause (b), as determined by the council from
available engineering data; and
Abrams | Entenza | Kahn | Marko | Paymar | Swenson, D. |
Anderson, B. | Erhardt | Kalis | McCollum | Pelowski | Swenson, H. |
Anderson, I. | Evans | Kelso | McElroy | Peterson | Sykora |
Journal of the House - 51st Day - Top of Page 3537 |
|||||
Bakk | Finseth | Kielkucki | McGuire | Pugh | Tingelstad |
Bettermann | Folliard | Kinkel | Milbert | Rest | Tomassoni |
Biernat | Goodno | Knight | Molnau | Reuter | Tompkins |
Bishop | Greenfield | Knoblach | Mulder | Rhodes | Trimble |
Boudreau | Greiling | Koppendrayer | Mullery | Rifenberg | Tuma |
Bradley | Gunther | Koskinen | Munger | Rostberg | Tunheim |
Broecker | Haas | Kraus | Murphy | Rukavina | Van Dellen |
Carlson | Harder | Krinkie | Ness | Schumacher | Vickerman |
Chaudhary | Hasskamp | Kubly | Nornes | Seagren | Wagenius |
Clark | Hausman | Kuisle | Olson, E. | Seifert | Weaver |
Commers | Hilty | Larsen | Olson, M. | Skare | Wejcman |
Daggett | Holsten | Leighton | Opatz | Skoglund | Wenzel |
Davids | Huntley | Leppik | Orfield | Slawik | Westfall |
Dawkins | Jaros | Lieder | Osskopp | Smith | Westrom |
Dehler | Jennings | Lindner | Osthoff | Solberg | Winter |
Delmont | Johnson, A. | Long | Otremba | Stanek | Wolf |
Dempsey | Johnson, R. | Luther | Paulsen | Stang | Spk. Carruthers |
Dorn | Juhnke | Mahon | Pawlenty | Sviggum | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 536 which was temporarily laid over earlier today on Special Orders was again reported to the House.
Wejcman moved to amend S. F. No. 536 as follows:
Page 2, line 7, before the period, insert "prohibiting the maintenance of a public nuisance as defined in section 609.74 or the control of a public nuisance as defined in section 609.745"
Page 2, line 34, before the period, insert "prohibiting the maintenance of a public nuisance as defined in section 609.74 or the control of a public nuisance as defined in section 609.745"
The motion prevailed and the amendment was adopted.
S. F. No. 536, A bill for an act relating to public nuisances; adding to the definition of nuisance and the list of acts constituting a public nuisance; amending Minnesota Statutes 1996, sections 617.81, subdivision 2; and 617.88.
The bill was read for the 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.
Winter moved that those not voting be excused from voting. The motion prevailed.
There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Journal of the House - 51st Day - Top of Page 3538 |
|||||
Abrams | Entenza | Juhnke | Mahon | Pawlenty | Sviggum |
Anderson, B. | Erhardt | Kahn | Mares | Paymar | Swenson, D. |
Anderson, I. | Evans | Kalis | Marko | Pelowski | Swenson, H. |
Bakk | Finseth | Kelso | McCollum | Peterson | Sykora |
Bettermann | Folliard | Kielkucki | McElroy | Pugh | Tingelstad |
Biernat | Garcia | Kinkel | McGuire | Rest | Tomassoni |
Bishop | Goodno | Knight | Milbert | Reuter | Tompkins |
Boudreau | Greenfield | Knoblach | Molnau | Rhodes | Trimble |
Bradley | Greiling | Koppendrayer | Mulder | Rifenberg | Tuma |
Broecker | Gunther | Koskinen | Mullery | Rostberg | Tunheim |
Carlson | Haas | Kraus | Munger | Rukavina | Van Dellen |
Chaudhary | Harder | Krinkie | Murphy | Schumacher | Vickerman |
Clark | Hasskamp | Kubly | Ness | Seagren | Wagenius |
Commers | Hausman | Kuisle | Olson, E. | Seifert | Weaver |
Daggett | Hilty | Larsen | Olson, M. | Skare | Wejcman |
Davids | Holsten | Leighton | Opatz | Skoglund | Wenzel |
Dawkins | Huntley | Leppik | Orfield | Slawik | Westrom |
Dehler | Jaros | Lieder | Osskopp | Smith | Winter |
Delmont | Jennings | Lindner | Osthoff | Solberg | Wolf |
Dempsey | Johnson, A. | Long | Otremba | Stanek | Workman |
Dorn | Johnson, R. | Luther | Paulsen | Stang | Spk. Carruthers |
The bill was passed, as amended, and its title agreed to.
The Speaker called Wejcman to the Chair.
S. F. No. 741 was reported to the House.
McCollum moved to amend S. F. No. 741 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [147A.27] [PHYSICIAN ASSISTANT ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The physician assistant advisory council is created and is composed of seven persons appointed by the board. The seven persons must include:
(1) two public members, as defined in section 214.02;
(2) three physician assistants registered under this chapter; and
(3) two licensed physicians with experience supervising physician assistants.
Subd. 2. [ORGANIZATION.] The council shall be organized and administered under section 15.059, except that the advisory council shall expire on June 30, 2007.
Subd. 3. [DUTIES.] The council shall advise the board regarding:
(1) physician assistant registration standards;
(2) enforcement of grounds for discipline;
(3) distribution of information regarding physician assistant registration standards;
(4) applications and recommendations of applicants for registration or registration renewal; and
(5) complaints and recommendations to the board regarding disciplinary matters and proceedings concerning applicants and registrants according to sections 214.10; 214.103; and 214.13, subdivisions 6 and 7.
The council shall perform other duties authorized for the council by chapter 214 as directed by the board.
Sec. 2. [147C.01] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this section apply to this chapter.
Subd. 2. [ADVISORY COUNCIL.]
"Advisory council" means the respiratory care
practitioner advisory council established under section 147C.35.
Subd. 3. [APPROVED EDUCATION
PROGRAM.] "Approved education program" means a
university, college, or other post-secondary education program leading to
eligibility for registry or certification in respiratory care, that, at the time
the student completes the program, is accredited by a national accrediting
organization approved by the board.
Subd. 4. [BOARD.] "Board" means the board of medical practice or its
designee.
Subd. 5. [CONTACT HOUR.] "Contact hour" means an instructional session of 50
consecutive minutes, excluding coffee breaks, registration, meals without a
speaker, and social activities.
Subd. 6. [CREDENTIAL.] "Credential" means a license, permit, certification,
registration, or other evidence of qualification or authorization to engage in
respiratory care practice in this state or any other state.
Subd. 7. [CREDENTIALING
EXAMINATION.] "Credentialing examination" means an
examination administered by the National Board for Respiratory Care or other
national testing organization approved by the board for credentialing as a
certified respiratory therapy technician, registered respiratory therapist, or
other title indicating an entry or advanced level respiratory care
practitioner.
Subd. 8. [HEALTH CARE
FACILITY.] "Health care facility" means a hospital as
defined in section 144.50, subdivision 2, a medical facility as defined in
section 144.561, subdivision 1, paragraph (b), or a nursing home as defined in
section l44A.01, subdivision 5, a long-term acute care facility, a subacute care
facility, an outpatient clinic, a physician's office, or a hospice.
Subd. 9. [QUALIFIED MEDICAL
DIRECTION.] "Qualified medical direction" means
direction from a licensed physician who is on the staff or is a consultant of a
health care facility or home care agency or home medical equipment provider and
who has a special interest in and knowledge of the diagnosis and treatment of
deficiencies, abnormalities, and diseases of the cardiopulmonary system.
Subd. 10. [RESPIRATORY
CARE.] "Respiratory care" means the provision of
services described under section 147C.05 for the assessment, treatment,
education, management, evaluation, and care of patients with deficiencies,
abnormalities, and diseases of the cardiopulmonary system, under the guidance of
qualified medical direction and pursuant to a referral from a physician who has
medical responsibility for the patient. It includes education pertaining to
health promotion and disease prevention, patient care, and treatment.
Sec. 3. [147C.05] [SCOPE OF PRACTICE.]
(a) The practice of respiratory
care by a registered respiratory care practitioner includes, but is not limited
to, the following services:
(1) providing and monitoring
therapeutic administration of medical gases, aerosols, humidification, and
pharmacological agents related to respiratory care procedures, but not including
administration of general anesthesia;
(2) carrying out therapeutic
application and monitoring of mechanical ventilatory support;
(3) providing cardiopulmonary
resuscitation and maintenance of natural airways and insertion and maintenance
of artificial airways;
(4) assessing and monitoring
signs, symptoms, and general behavior relating to, and general physical response
to, respiratory care treatment or evaluation for treatment and diagnostic
testing, including determination of whether the signs, symptoms, reactions,
behavior, or general response exhibit abnormal characteristics;
(5) obtaining physiological
specimens and interpreting physiological data including:
(i) analyzing arterial and
venous blood gases;
(ii) assessing respiratory
secretions;
(iii) measuring ventilatory
volumes, pressures, and flows;
(iv) testing pulmonary
function;
(v) testing and studying the
cardiopulmonary system; and
(vi) diagnostic testing of
breathing patterns related to sleep disorders;
(6) assisting hemodynamic
monitoring and support of the cardiopulmonary system;
(7) assessing and making
suggestions for modifications in the treatment regimen based on abnormalities,
protocols, or changes in patient response to respiratory care treatment;
(8) providing cardiopulmonary
rehabilitation including respiratory-care related educational components,
postural drainage, chest physiotherapy, breathing exercises, aerosolized
administration of medications, and equipment use and maintenance;
(9) instructing patients and
their families in techniques for the prevention, alleviation, and rehabilitation
of deficiencies, abnormalities, and diseases of the cardiopulmonary system;
and
(10) transcribing and
implementing physician orders for respiratory care services.
(b) Patient service by a
practitioner must be limited to:
(1) services within the training
and experience of the practitioner; and
(2) services within the
parameters of the laws, rules, and standards of the facilities in which the
respiratory care practitioner practices.
(c) Respiratory care services
provided by a registered respiratory care practitioner, whether delivered in a
health care facility or the patient's residence, must not be provided except
upon referral from a physician.
Sec. 4. [147C.10] [PROTECTED TITLES AND RESTRICTIONS ON
USE.]
Subdivision 1. [PROTECTED
TITLES.] No individual may use the title "Minnesota
registered respiratory care practitioner," "registered respiratory care
practitioner," "respiratory care practitioner," "respiratory therapist,"
"respiratory therapy (or care) technician," "inhalation therapist," or
"inhalation therapy technician," or use, in connection with the individual's
name, the letters "RCP," or any other titles, words, letters, abbreviations, or
insignia indicating or implying that the individual is eligible for registration
by the state as a respiratory care practitioner unless the individual has been
registered as a respiratory care practitioner according to this chapter.
Subd. 2. [OTHER HEALTH CARE
PRACTITIONERS.] (a) Nonphysician individuals practicing
in a health care occupation or profession are not restricted in the provision of
services included in section 147C.05, as long as they do not hold themselves out
as respiratory care practitioners by or through the use of the titles provided
in subdivision 1 in association with provision of these services.
(b) Physician practitioners are
exempt from this chapter.
(c) Nothing in this chapter
shall be construed to require registration of:
(1) a respiratory care
practitioner student enrolled in a respiratory therapy education program
accredited by the Commission on Accreditation of Allied Health Education
Programs or another accrediting organization approved by the board; and
(2) a respiratory care
practitioner employed in the service of the federal government while performing
duties incident to that employment.
Subd. 3. [PENALTY.] A person who violates subdivision 1 is guilty of a gross
misdemeanor.
Subd. 4. [IDENTIFICATION OF
REGISTERED PRACTITIONERS.] Respiratory care
practitioners registered in Minnesota shall wear name tags that identify them as
respiratory care practitioners while in a professional setting. If not written
in full, this must be designated as RCP. A student attending a respiratory
therapy training program or a tutorial intern program must be identified as a
student respiratory care practitioner. This abbreviated designation is Student
RCP. Unregulated individuals who work in an assisting respiratory role under the
supervision of respiratory care practitioners must be identified as respiratory
care assistants or aides.
Sec. 5. [147C.15] [REGISTRATION REQUIREMENTS.]
Subdivision 1. [GENERAL
REQUIREMENTS FOR REGISTRATION.] To be eligible for
registration, an applicant, with the exception of those seeking registration by
reciprocity under subdivision 2, must:
(1) submit a completed
application on forms provided by the board along with all fees required under
section 147C.40 that includes:
(i) the applicant's name, social
security number, home address and telephone number, and business address and
telephone number;
(ii) the name and location of
the respiratory care education program the applicant completed;
(iii) a list of degrees received
from educational institutions;
(iv) a description of the
applicant's professional training beyond the first degree received;
(v) the applicant's work history
for the five years preceding the application, including the average number of
hours worked per week;
(vi) a list of registrations,
certifications, and licenses held in other jurisdictions;
(vii) a description of any other
jurisdiction's refusal to credential the applicant;
(viii) a description of all
professional disciplinary actions initiated against the applicant in any
jurisdiction; and
(ix) any history of drug or
alcohol abuse, and any misdemeanor or felony conviction;
(2) submit a certificate of
completion from an approved education program;
(3) achieve a qualifying score
on a credentialing examination within five years prior to application for
registration;
(4) submit a verified copy of a
valid and current credential, issued by the National Board for Respiratory Care
or other board-approved national organization, as a certified respiratory
therapy technician, registered respiratory therapist, or other entry or advanced
level respiratory care practitioner designation;
(5) submit additional
information as requested by the board, including providing any additional
information necessary to ensure that the applicant is able to practice with
reasonable skill and safety to the public;
(6) sign a statement that the
information in the application is true and correct to the best of the
applicant's knowledge and belief; and
(7) sign a waiver authorizing
the board to obtain access to the applicant's records in this or any other state
in which the applicant has completed an approved education program or engaged in
the practice of respiratory care.
Subd. 2. [REGISTRATION BY
RECIPROCITY.] To be eligible for registration by
reciprocity, the applicant must be credentialed by the National Board for
Respiratory Care or other board-approved organization and have worked at least
eight weeks of the previous five years as a respiratory care practitioner and
must:
(1) submit the application
materials and fees as required by subdivision 1, clauses (1), (4), (5), (6), and
(7);
(2) provide a verified copy from
the appropriate government body of a current and unrestricted credential for the
practice of respiratory care in another jurisdiction that has initial
credentialing requirements equivalent to or higher than the requirements in
subdivision 1; and
(3) provide letters of
verification from the appropriate government body in each jurisdiction in which
the applicant holds a credential. Each letter must state the applicant's name,
date of birth, credential number, date of issuance, a statement regarding
disciplinary actions, if any, taken against the applicant, and the terms under
which the credential was issued.
Subd. 3. [TEMPORARY PERMIT.]
The board may issue a temporary permit to practice as a
respiratory care practitioner to an applicant eligible for registration under
this section if the application for registration is complete, all applicable
requirements in this section have been met, and a nonrefundable fee set by the
board has been paid. The permit remains valid only until the meeting of the
board at which a decision is made on the respiratory care practitioner's
application for registration.
Subd. 4. [TEMPORARY
REGISTRATION.] The board may issue temporary
registration as a respiratory care practitioner for a period of one year to an
applicant for registration under this section if the application for
registration is complete, all applicable requirements have been met with
exception of completion of a credentialing examination, and a nonrefundable fee
set by the board has been paid. A respiratory care practitioner with temporary
registration may qualify for full registration status upon submission of
verified documentation that the respiratory care practitioner has achieved a
qualifying score on a credentialing examination within one year after receiving
temporary registration status. Temporary registration may not be renewed.
Subd. 5. [PRACTICE
LIMITATIONS WITH TEMPORARY REGISTRATION.] A respiratory
care practitioner with temporary registration is limited to working under the
direct supervision of a registered respiratory care practitioner or physician
able to provide qualified medical direction. The respiratory care practitioner
or physician must be present in the health care facility or readily available by
telecommunication at the time the respiratory care services are being provided.
A registered respiratory care practitioner may supervise no more than two
respiratory care practitioners with temporary registration status.
Subd. 6. [REGISTRATION
EXPIRATION.] Registrations issued under this chapter
expire annually.
Subd. 7. [RENEWAL.] (a) To be eligible for registration renewal a registrant
must:
(1) annually, or as determined
by the board, complete a renewal application on a form provided by the
board;
(2) submit the renewal fee;
(3) provide evidence every two
years of a total of 24 hours of continuing education approved by the board as
described in section 147C.25; and
(4) submit any additional
information requested by the board to clarify information presented in the
renewal application. The information must be submitted within 30 days after the
board's request, or the renewal request is nullified.
(b) Applicants for renewal who
have not practiced the equivalent of eight full weeks during the past five years
must achieve a passing score on retaking the credentialing examination, or
complete no less than eight weeks of advisory council-approved supervised
clinical experience having a broad base of treatment modalities and patient
care.
Subd. 8. [CHANGE OF
ADDRESS.] A registrant who changes addresses must inform
the board within 30 days, in writing, of the change of address. All notices or
other correspondence mailed to or served on a registrant by the board at the
registrant's address on file with the board shall be considered as having been
received by the registrant.
Subd. 9. [REGISTRATION
RENEWAL NOTICE.] At least 30 days before the
registration renewal date, the board shall send out a renewal notice to the last
known address of the registrant on file. The notice must include a renewal
application and a notice of fees required for renewal. It must also inform the
registrant that registration will expire without further action by the board if
an application for registration renewal is not received before the deadline for
renewal. The registrant's failure to receive this notice shall not relieve the
registrant of the obligation to meet the deadline and other requirements for
registration renewal. Failure to receive this notice is not grounds for
challenging expiration of registered status.
Subd. 10. [RENEWAL
DEADLINE.] The renewal application and fee must be
postmarked on or before July 1 of the year of renewal or as determined by the
board. If the postmark is illegible, the application shall be considered timely
if received by the third working day after the deadline.
Subd. 11. [INACTIVE STATUS
AND RETURN TO ACTIVE STATUS.] (a) A registration may be
placed in inactive status upon application to the board by the registrant and
upon payment of an inactive status fee.
(b) Registrants seeking
restoration to active from inactive status must pay the current renewal fees and
all unpaid back inactive fees. They must meet the criteria for renewal specified
in subdivision 7, including continuing education hours equivalent to one hour
for each month of inactive status, prior to submitting an application to regain
registered status. If the inactive status extends beyond five years, a
qualifying score on a credentialing examination, or completion of an advisory
council-approved eight-week supervised clinical training experience is required.
If the registrant intends to regain active registration by means of eight weeks
of advisory council-approved clinical training experience, the registrant shall
be granted temporary registration for a period of no longer than six months.
Subd. 12. [REGISTRATION
FOLLOWING LAPSE OF REGISTRATION STATUS FOR TWO YEARS OR LESS.] For any individual whose registration status has lapsed for
two years or less, to regain registration status, the individual must:
(1) apply for registration
renewal according to subdivision 7;
(2) document compliance with the
continuing education requirements of section 147C.25 since the registrant's
initial registration or last renewal; and
(3) submit the fees required
under section 147C.40 for the period not registered, including the fee for late
renewal.
Subd. 13. [CANCELLATION DUE
TO NONRENEWAL.] The board shall not renew, reissue,
reinstate, or restore a registration that has lapsed and has not been renewed
within two annual registration renewal cycles starting July 1997. A registrant
whose registration is canceled for nonrenewal must obtain a new registration by
applying for registration and fulfilling all requirements then in existence for
initial registration as a respiratory care practitioner.
Subd. 14. [CANCELLATION OF
REGISTRATION IN GOOD STANDING.] (a) A registrant holding
active registration as a respiratory care practitioner in the state may, upon
approval of the board, be granted registration cancellation if the board is not
investigating the person as a result of a complaint or information received or
if the board has not begun disciplinary proceedings against the registrant. Such
action by the board shall be reported as a cancellation of registration in good
standing.
(b) A registrant who receives
board approval for registration cancellation is not entitled to a refund of any
registration fees paid for the registration year in which cancellation of the
registration occurred.
(c) To obtain registration after
cancellation, a registrant must obtain a new registration by applying for
registration and fulfilling the requirements then in existence for obtaining
initial registration as a respiratory care practitioner.
Sec. 6. [147C.20] [BOARD ACTION ON APPLICATIONS FOR
REGISTRATION.]
(a) The board shall act on each
application for registration according to paragraphs (b) to (d).
(b) The board shall determine if
the applicant meets the requirements for registration under section 147C.15. The
board or advisory council may investigate information provided by an applicant
to determine whether the information is accurate and complete.
(c) The board shall notify each
applicant in writing of action taken on the application, the grounds for denying
registration if registration is denied, and the applicant's right to review
under paragraph (d).
(d) Applicants denied
registration may make a written request to the board, within 30 days of the
board's notice, to appear before the advisory council and for the advisory
council to review the board's decision to deny the applicant's registration.
After reviewing the denial, the advisory council shall make a recommendation to
the board as to whether the denial shall be affirmed. Each applicant is allowed
only one request for review per yearly registration period.
Sec. 7. [147C.25] [CONTINUING EDUCATION REQUIREMENTS.]
Subdivision 1. [NUMBER OF
REQUIRED CONTACT HOURS.] Two years after the date of
initial registration, and every two years thereafter, a registrant applying for
registration renewal must complete a minimum of 24 contact hours of
board-approved continuing education in the two years preceding registration
renewal and attest to completion of continuing education requirements by
reporting to the board.
Subd. 2. [APPROVED
PROGRAMS.] The board shall approve continuing education
programs that have been approved for continuing education credit by the American
Association of Respiratory Care or the Minnesota Society for Respiratory Care or
their successor organizations. The board shall also approve programs
substantially related to respiratory care that are sponsored by an accredited
university or college, medical school, state or national medical association,
national medical specialty society, or that are approved for continuing
education credit by the Minnesota board of nursing.
Subd. 3. [APPROVAL OF
CONTINUING EDUCATION PROGRAMS.] The board shall also
approve continuing education programs that do not meet the requirements of
subdivision 2 but that meet the following criteria:
(1) the program content directly
relates to the practice of respiratory care;
(2) each member of the program
faculty is knowledgeable in the subject matter as demonstrated by a degree from
an accredited education program, verifiable experience in the field of
respiratory care, special training in the subject matter, or experience teaching
in the subject area;
(3) the program lasts at least
one contact hour;
(4) there are specific,
measurable, written objectives, consistent with the program, describing the
expected outcomes for the participants; and
(5) the program sponsor has a
mechanism to verify participation and maintains attendance records for three
years.
Subd. 4. [HOSPITAL, HEALTH
CARE FACILITY, OR MEDICAL COMPANY IN-SERVICES.] Hospital, health care facility, or medical company
in-service programs may qualify for continuing education credits provided they
meet the requirements of this section.
Subd. 5. [ACCUMULATION OF
CONTACT HOURS.] A registrant may not apply contact hours
acquired in one two-year reporting period to a future continuing education
reporting period.
Subd. 6. [VERIFICATION OF
CONTINUING EDUCATION CREDITS.] The board shall
periodically select a random sample of registrants and require those registrants
to supply the board with evidence of having completed the continuing education
to which they attested. Documentation may come directly from the registrant or
from state or national organizations that maintain continuing education
records.
Subd. 7. [RESTRICTION ON
CONTINUING EDUCATION TOPICS.] A registrant may apply no
more than a combined total of eight hours of continuing education in the areas
of management, risk management, personal growth, and educational techniques to a
two-year reporting period.
Subd. 8. [CREDIT FOR
CREDENTIALING EXAMINATION.] A registrant may fulfill the
continuing education requirements for a two-year reporting period by achieving a
qualifying score on one of the credentialing examinations or a specialty
credentialing examination of the National Board for Respiratory Care or another
board-approved testing organization. A registrant may achieve 12 hours of
continuing education credit by completing a National Board for Respiratory Care
or other board-approved testing organization's specialty examination.
Sec. 8. [147C.30] [DISCIPLINE; REPORTING.]
For purposes of this chapter,
registered respiratory care practitioners and applicants are subject to the
provisions of sections 147.091 to 147.162.
Sec. 9. [147C.35] [RESPIRATORY CARE PRACTITIONER
ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP.]
The board shall appoint a seven-member respiratory care
practitioner advisory council consisting of two public members as defined in
section 214.02, three registered respiratory care practitioners, and two
licensed physicians with expertise in respiratory care.
Subd. 2. [ORGANIZATION.] The advisory council shall be organized and administered
under section 15.059. The council expires June 30, 2001.
Subd. 3. [DUTIES.] The advisory council shall:
(1) advise the board regarding
standards for respiratory care practitioners;
(2) provide for distribution of
information regarding respiratory care practitioner standards;
(3) advise the board on
enforcement of sections 147.091 to 147.162;
(4) review applications and
recommend granting or denying registration or registration renewal;
(5) advise the board on issues
related to receiving and investigating complaints, conducting hearings, and
imposing disciplinary action in relation to complaints against respiratory care
practitioners;
(6) advise the board regarding
approval of continuing education programs using the criteria in section 147C.25,
subdivision 3; and
(7) perform other duties
authorized for advisory councils by chapter 214, as directed by the board.
Sec. 10. [147C.40] [FEES.]
Subdivision 1. [FEES.] The board shall adopt rules setting:
(1) registration fees;
(2) renewal fees;
(3) late fees;
(4) inactive status fees;
(5) fees for temporary permits;
and
(6) fees for temporary
registration.
Abrams | Entenza | Johnson, R. | Mares | Pawlenty | Swenson, D. |
Anderson, B. | Erhardt | Juhnke | Mariani | Paymar | Swenson, H. |
Anderson, I. | Evans | Kahn | Marko | Pelowski | Sykora |
Bakk | Finseth | Kalis | McCollum | Peterson | Tingelstad |
Bettermann | Folliard | Kelso | McElroy | Pugh | Tomassoni |
Biernat | Garcia | Kielkucki | McGuire | Rest | Tompkins |
Bishop | Goodno | Kinkel | Milbert | Reuter | Trimble |
Boudreau | Greenfield | Knoblach | Molnau | Rhodes | Tuma |
Bradley | Greiling | Koppendrayer | Mulder | Rifenberg | Tunheim |
Broecker | Gunther | Koskinen | Mullery | Rostberg | Van Dellen |
Carlson | Haas | Kraus | Munger | Rukavina | Vickerman |
Chaudhary | Harder | Kubly | Murphy | Schumacher | Wagenius |
Clark | Hasskamp | Kuisle | Ness | Seagren | Weaver |
Commers | Hausman | Larsen | Nornes | Seifert | Wejcman |
Daggett | Hilty | Leighton | Olson, E. | Skare | Wenzel |
Davids | Holsten | Leppik | Opatz | Skoglund | Westfall |
Dawkins | Huntley | Lieder | Orfield | Slawik | Westrom |
Dehler | Jaros | Lindner | Osskopp | Solberg | Winter |
Journal of the House - 51st Day - Top of Page 3547 |
|||||
Delmont | Jefferson | Long | Osthoff | Stanek | Wolf |
Dempsey | Jennings | Luther | Otremba | Stang | Workman |
Dorn | Johnson, A. | Mahon | Paulsen | Sviggum | Spk. Carruthers |
Those who voted in the negative were:
Knight | Krinkie | Olson, M. | Smith |
The bill was passed, as amended, and its title agreed to.
S. F. No. 329, A bill for an act relating to liens; modifying certain provisions of the lien for veterinary services; amending Minnesota Statutes 1996, section 514.92, subdivisions 1, 1a, 2, 3, 4, and 5.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Evans | Kalis | Marko | Pelowski | Tingelstad |
Anderson, B. | Finseth | Kelso | McCollum | Peterson | Tomassoni |
Anderson, I. | Folliard | Kielkucki | McElroy | Pugh | Tompkins |
Bakk | Garcia | Kinkel | McGuire | Rest | Trimble |
Bettermann | Goodno | Knight | Milbert | Reuter | Tuma |
Biernat | Greenfield | Knoblach | Molnau | Rhodes | Tunheim |
Bishop | Greiling | Koppendrayer | Mulder | Rifenberg | Van Dellen |
Boudreau | Gunther | Koskinen | Mullery | Rostberg | Vickerman |
Bradley | Haas | Kraus | Munger | Rukavina | Wagenius |
Broecker | Harder | Krinkie | Murphy | Schumacher | Weaver |
Carlson | Hasskamp | Kubly | Ness | Seagren | Wejcman |
Chaudhary | Hausman | Kuisle | Nornes | Seifert | Wenzel |
Clark | Hilty | Larsen | Olson, E. | Skoglund | Westfall |
Commers | Holsten | Leighton | Olson, M. | Slawik | Westrom |
Daggett | Huntley | Leppik | Opatz | Smith | Winter |
Davids | Jaros | Lieder | Orfield | Solberg | Wolf |
Dehler | Jefferson | Lindner | Osskopp | Stanek | Workman |
Delmont | Jennings | Long | Osthoff | Stang | Spk. Carruthers |
Dempsey | Johnson, A. | Luther | Otremba | Sviggum | |
Dorn | Johnson, R. | Mahon | Paulsen | Swenson, D. | |
Entenza | Juhnke | Mares | Pawlenty | Swenson, H. | |
Erhardt | Kahn | Mariani | Paymar | Sykora | |
Anderson, I. | Garcia | Kahn | Marko | Paymar | Tingelstad |
Bakk | Goodno | Kalis | McCollum | Pelowski | Tomassoni |
Biernat | Greenfield | Kelso | McElroy | Peterson | Trimble |
Bishop | Greiling | Kinkel | McGuire | Pugh | Tuma |
Carlson | Gunther | Koskinen | Milbert | Rest | Tunheim |
Chaudhary | Haas | Kraus | Mulder | Rhodes | Vickerman |
Clark | Hasskamp | Kubly | Mullery | Rostberg | Wagenius |
Dawkins | Hausman | Kuisle | Munger | Rukavina | Wejcman |
Dehler | Huntley | Larsen | Ness | Schumacher | Wenzel |
Delmont | Jaros | Leighton | Olson, E. | Skare | Westfall |
Dorn | Jefferson | Lieder | Opatz | Skoglund | Winter |
Entenza | Jennings | Long | Orfield | Slawik | Spk. Carruthers |
Evans | Johnson, A. | Luther | Osskopp | Solberg | |
Finseth | Johnson, R. | Mahon | Osthoff | Stanek | |
Folliard | Juhnke | Mariani | Otremba | Swenson, D. | |
Those who voted in the negative were:
Abrams | Daggett | Kielkucki | Mares | Rifenberg | Sykora |
Anderson, B. | Davids | Knight | Molnau | Seagren | Tompkins |
Bettermann | Dempsey | Knoblach | Nornes | Seifert | Van Dellen |
Boudreau | Erhardt | Koppendrayer | Olson, M. | Smith | Weaver |
Bradley | Harder | Krinkie | Paulsen | Stang | Westrom |
Broecker | Hilty | Leppik | Pawlenty | Sviggum | Wolf |
Commers | Holsten | Lindner | Reuter | Swenson, H. | Workman |
The bill was passed and its title agreed to.
S. F. No. 1179, A bill for an act relating to traffic regulations; authorizing state and local authorities to issue annual overwidth permits for certain snowplowing vehicles; amending Minnesota Statutes 1996, section 169.86, subdivision 5, and by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Evans | Kalis | Marko | Paymar | Swenson, H. |
Anderson, B. | Finseth | Kelso | McCollum | Pelowski | Sykora |
Anderson, I. | Folliard | Kielkucki | McElroy | Peterson | Tingelstad |
Bakk | Garcia | Kinkel | McGuire | Pugh | Tomassoni |
Bettermann | Goodno | Knight | Milbert | Rest | Tompkins |
Biernat | Greenfield | Knoblach | Molnau | Reuter | Trimble |
Bishop | Greiling | Koppendrayer | Mulder | Rhodes | Tuma |
Boudreau | Gunther | Koskinen | Mullery | Rifenberg | Van Dellen |
Bradley | Haas | Kraus | Munger | Rostberg | Vickerman |
Broecker | Harder | Krinkie | Murphy | Rukavina | Wagenius |
Chaudhary | Hasskamp | Kubly | Ness | Schumacher | Weaver |
Clark | Hausman | Kuisle | Nornes | Seagren | Wejcman |
Commers | Hilty | Larsen | Olson, E. | Seifert | Wenzel |
Daggett | Holsten | Leighton | Olson, M. | Skare | Westfall |
Davids | Huntley | Leppik | Opatz | Skoglund | Westrom |
Dawkins | Jaros | Lieder | Orfield | Slawik | Winter |
Dehler | Jefferson | Lindner | Osskopp | Smith | Wolf |
Delmont | Jennings | Long | Osthoff | Solberg | Workman |
Journal of the House - 51st Day - Top of Page 3549 |
|||||
Dempsey | Johnson, A. | Luther | Otremba | Stanek | Spk. Carruthers |
Dorn | Johnson, R. | Mahon | Ozment | Stang | |
Entenza | Juhnke | Mares | Paulsen | Sviggum | |
Erhardt | Kahn | Mariani | Pawlenty | Swenson, D. | |
The bill was passed and its title agreed to.
S. F. No. 1693 was reported to the House.
Sviggum, Krinkie and Bettermann offered an amendment to S. F. No. 1693.
Leighton raised a point of order pursuant to rule 3.09 that the Sviggum et al amendment was not in order. Speaker pro tempore Wejcman ruled the point of order well taken and the Sviggum et al amendment out of order.
S. F. No. 1693, A bill for an act relating to labor relations; requiring employers to recognize certain employee organizations; amending Minnesota Statutes 1996, section 179A.12, by adding a subdivision.
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 73 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Greenfield | Kalis | McGuire | Pelowski | Tomassoni |
Bakk | Greiling | Kelso | Milbert | Peterson | Trimble |
Biernat | Hasskamp | Kinkel | Mullery | Pugh | Tunheim |
Carlson | Hausman | Koskinen | Munger | Rest | Wagenius |
Chaudhary | Hilty | Kubly | Murphy | Rostberg | Wejcman |
Clark | Huntley | Leighton | Olson, E. | Rukavina | Wenzel |
Dawkins | Jaros | Lieder | Opatz | Schumacher | Winter |
Delmont | Jefferson | Long | Orfield | Sekhon | Spk. Carruthers |
Dorn | Jennings | Luther | Osskopp | Skare | |
Entenza | Johnson, A. | Mahon | Osthoff | Skoglund | |
Evans | Johnson, R. | Mariani | Otremba | Slawik | |
Folliard | Juhnke | Marko | Ozment | Smith | |
Garcia | Kahn | McCollum | Paymar | Solberg | |
Those who voted in the negative were:
Abrams | Dehler | Knight | McElroy | Rifenberg | Tompkins |
Anderson, B. | Dempsey | Knoblach | Molnau | Seagren | Tuma |
Bettermann | Erhardt | Koppendrayer | Mulder | Seifert | Van Dellen |
Bishop | Finseth | Kraus | Ness | Stanek | Vickerman |
Boudreau | Goodno | Krinkie | Nornes | Stang | Weaver |
Bradley | Gunther | Kuisle | Olson, M. | Sviggum | Westfall |
Broecker | Haas | Larsen | Paulsen | Swenson, D. | Westrom |
Commers | Harder | Leppik | Pawlenty | Swenson, H. | Wolf |
Daggett | Holsten | Lindner | Reuter | Sykora | Workman |
Davids | Kielkucki | Mares | Rhodes | Tingelstad | |
The bill was passed and its title agreed to.
S. F. No. 854, A bill for an act relating to public employment; providing rights and procedures for certain public employees of local government units who are displaced as a result of a transfer of the provision of services from one local government unit to another local government unit; proposing coding for new law in Minnesota Statutes, chapter 465.
The bill was read for the 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 78 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Garcia | Juhnke | Mariani | Otremba | Skoglund |
Bakk | Goodno | Kahn | Marko | Ozment | Slawik |
Biernat | Greenfield | Kalis | McCollum | Paymar | Smith |
Carlson | Greiling | Kelso | McGuire | Pelowski | Solberg |
Chaudhary | Hasskamp | Kinkel | Milbert | Peterson | Stanek |
Clark | Hausman | Koskinen | Mullery | Pugh | Tomassoni |
Dawkins | Hilty | Kubly | Munger | Rest | Trimble |
Delmont | Huntley | Larsen | Murphy | Rhodes | Tunheim |
Dempsey | Jaros | Leighton | Ness | Rostberg | Wagenius |
Dorn | Jefferson | Long | Olson, E. | Rukavina | Wejcman |
Entenza | Jennings | Luther | Opatz | Schumacher | Wenzel |
Evans | Johnson, A. | Mahon | Orfield | Sekhon | Winter |
Folliard | Johnson, R. | Mares | Osthoff | Skare | Spk. Carruthers |
Those who voted in the negative were:
Abrams | Dehler | Knoblach | Molnau | Seagren | Tuma |
Anderson, B. | Erhardt | Koppendrayer | Mulder | Seifert | Van Dellen |
Bettermann | Finseth | Kraus | Nornes | Stang | Vickerman |
Bishop | Gunther | Krinkie | Olson, M. | Sviggum | Weaver |
Boudreau | Haas | Kuisle | Osskopp | Swenson, D. | Westfall |
Bradley | Harder | Leppik | Paulsen | Swenson, H. | Westrom |
Broecker | Holsten | Lindner | Pawlenty | Sykora | Wolf |
Commers | Kielkucki | Macklin | Reuter | Tingelstad | Workman |
Davids | Knight | McElroy | Rifenberg | Tompkins | |
The bill was passed and its title agreed to.
CALL OF THE HOUSE LIFTED
Winter moved that the call of the House be suspended. The motion prevailed and it was so ordered.
S. F. No. 575 was reported to the House.
Leighton moved to amend S. F. No. 575 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 181.953, subdivision 6, is amended to read:
Subd. 6. [RIGHTS OF EMPLOYEES AND JOB APPLICANTS.] (a)
Before requesting an employee or job applicant to undergo drug or alcohol
testing, an employer shall provide the employee or job applicant with a form,
developed by the employer, on which to (1)
acknowledge that the employee or job applicant has seen the employer's drug and
alcohol testing policy, and (2) indicate any
over-the-counter or prescription medications that the individual is currently
taking or has recently taken and any other information relevant to the
reliability of, or explanation for, a positive test result.
(b) If an employee or job applicant tests positive for drug use, the employee must be given written notice of the right to explain the positive test and the employer may request that the employee or job applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result.
(c) Within three working
days after notice of a positive test result on a confirmatory test, the employee
or job applicant may submit information to the employer, in addition to any
information already submitted under paragraph (a) (b), to explain that result, or may request a
confirmatory retest of the original sample at the employee's or job applicant's
own expense as provided under subdivision 9.
Sec. 2. Minnesota Statutes 1996, section 181.961, subdivision 2, is amended to read:
Subd. 2. [TIME; LOCATION; CONDITION; COPY.] (a) The employer shall comply with a written request pursuant to subdivision 1 no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state.
(b) With respect to current employees, the personnel record or an accurate copy must be made available for review by the employee during the employer's normal hours of operation at the employee's place of employment or other reasonably nearby location, but need not be made available during the employee's working hours. The employer may require that the review be made in the presence of the employer or the employer's designee. After the review and upon the employee's written request, the employer shall provide a copy of the record to the employee.
(c) With respect to employees who are separated from employment, upon the employee's written request, the employer shall provide a copy of the personnel record to the employee. Providing a copy of the employee's personnel record to the employee satisfies the employer's responsibility to allow review as stated in subdivision 1.
(d) The employer may not
charge a fee for the copy not to exceed the actual cost
of making, compiling, and mailing the copy.
Sec. 3. Minnesota Statutes 1996, section 184A.20, is amended to read:
184A.20 [PENALTY; PRIVATE RIGHT OF ACTION.]
Subdivision 1. [PENALTY.] A
person, agent, or officer of an agent, who violates any provision of sections
184A.01 to 184A.20 is guilty of a misdemeanor, punishable by a fine of not less
than $25 nor more than $250 or imprisonment for a period of not more than 60
days, or both.
A person, firm, or corporation who shall split, divide,
or share, directly or indirectly, a fee, charge, or compensation received from
an employee with an employer, or person in any way connected with the business,
shall be punished by a fine of not less than $500, and not more than $3,000, or,
on failure to pay the fine, by imprisonment for a period not to exceed one year,
or both, at the discretion of the court.
Subd. 2. [PRIVATE RIGHT OF
ACTION.] A person who violates any provision of sections
184A.01 to 184A.20 or any rule or order thereunder is liable for actual damages,
for rescission, or other relief as the court may deem appropriate. The
prevailing party in any suit authorized under this section may recover costs and
disbursements plus reasonable attorney fees, in addition to any other relief
granted. The rights and remedies provided by this chapter are in addition to any
and all other rights and remedies that may exist at law or in equity."
Delete the title and insert:
"A bill for an act relating to employment; modifying
requirements for drug and alcohol testing; clarifying provisions on review of
personnel records by employees; creating a private right of action for
violations of certain provisions regarding entertainment agencies; amending
Minnesota Statutes 1996, sections 181.953, subdivision 6; 181.961, subdivision
2; and 184A.20."
The motion prevailed and the amendment was adopted.
Leighton and Garcia moved to amend S. F. No. 575, as
amended, as follows:
Page 1, after line 9, insert:
"Section 1. Minnesota Statutes 1996, section 181.14,
subdivision 1, as amended by Laws 1997, chapter 83, section 6, if enacted, is
amended to read:
Subdivision 1. [PROMPT PAYMENT REQUIRED.] (a) When any such employee quits or resigns employment,
the wages or commissions earned and unpaid at the time the employee quits or
resigns shall be paid in full not later than the first regularly scheduled
payday following the employee's final day of employment, unless an employee is
subject to a collective bargaining agreement with a different provision. If the
first regularly scheduled payday is less than five calendar days following the
employee's final day of employment, full payment may be delayed until the second
regularly scheduled payday but shall not exceed a total of 20 calendar days
following the employee's final day of employment.
(b) Notwithstanding the
provisions of paragraph (a), in the case of migrant workers, as defined in
section 181.85, the wages or commissions earned and unpaid at the time employee
quits or resigns shall become due and payable within five days thereafter."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 575, A bill for an act relating to employment;
modifying requirements for drug and alcohol testing; clarifying provisions on
review of personnel records by employees; setting a limit for penalties on
unpaid OSHA fines; providing the criminal penalty of gross misdemeanor for an
assault on an occupational safety and health investigator; amending Minnesota
Statutes 1996, sections 181.953, subdivision 6; 181.961, subdivision 2; 182.666,
subdivision 7; and 609.2231, subdivision 6.
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 128 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abrams | Finseth | Kelso | McElroy | Peterson | Tingelstad |
Anderson, I. | Folliard | Kielkucki | McGuire | Pugh | Tomassoni |
Bakk | Garcia | Kinkel | Milbert | Rest | Tompkins |
Bettermann | Goodno | Knoblach | Molnau | Rhodes | Trimble |
Biernat | Greenfield | Koppendrayer | Mulder | Rifenberg | Tuma |
Boudreau | Greiling | Koskinen | Mullery | Rostberg | Tunheim |
Bradley | Gunther | Kraus | Munger | Rukavina | Van Dellen |
Broecker | Haas | Kubly | Murphy | Schumacher | Vickerman |
Carlson | Harder | Kuisle | Ness | Seagren | Wagenius |
Chaudhary | Hasskamp | Larsen | Nornes | Seifert | Weaver |
Clark | Hausman | Leighton | Olson, E. | Sekhon | Wejcman |
Commers | Hilty | Leppik | Olson, M. | Skare | Wenzel |
Daggett | Holsten | Lieder | Opatz | Skoglund | Westfall |
Davids | Huntley | Lindner | Orfield | Slawik | Westrom |
Dawkins | Jaros | Long | Osskopp | Smith | Winter |
Dehler | Jefferson | Luther | Osthoff | Solberg | Wolf |
Delmont | Jennings | Macklin | Otremba | Stanek | Workman |
Dempsey | Johnson, A. | Mahon | Ozment | Stang | Spk. Carruthers |
Dorn | Johnson, R. | Mares | Paulsen | Sviggum | |
Entenza | Juhnke | Mariani | Pawlenty | Swenson, D. | |
Erhardt | Kahn | Marko | Paymar | Swenson, H. | |
Evans | Kalis | McCollum | Pelowski | Sykora | |
Those who voted in the negative were:
Anderson, B. | Knight | Krinkie | Reuter |
The bill was passed, as amended, and its title agreed to.
S. F. No. 683 was reported to the House.
Anderson, I., moved to amend S. F. No. 683 as follows:
Page 2, after line 10, insert:
"Sec. 2. [INTERNATIONAL FALLS; NOTIFICATION OF RESIDENCY REQUIREMENTS.]
Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home rule charter, ordinance, resolution or rule to the contrary, the city of International Falls must provide 30 days' written notice to employees to require residency within the city's territorial limits as a condition of continued employment by the city. The residency requirement will not apply to employees who have resided out of the city in accordance with city ordinance prior to the date this requirement is imposed.
Sec. 3. [LOCAL APPROVAL.]
Section 2 takes effect the day after the governing body of the city of International Falls complies with Minnesota Statutes, section 645.021, subdivision 3."
Page 2, line 11, delete "2" and insert "4"
Amend the title accordingly
A roll call was requested and properly seconded.
Krinkie raised a point of order pursuant to rule 3.09 that the Anderson, I., amendment was not in order. Speaker pro tempore Wejcman ruled the point of order not well taken and the Anderson, I., amendment in order.
The question recurred on the Anderson, I., amendment and the roll was called. There were 64 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Folliard | Johnson, R. | Mahon | Osthoff | Solberg |
Bakk | Garcia | Juhnke | Mariani | Otremba | Tomassoni |
Biernat | Goodno | Kahn | Marko | Paymar | Trimble |
Chaudhary | Greenfield | Kalis | McCollum | Pelowski | Tunheim |
Clark | Hasskamp | Kelso | McGuire | Peterson | Wagenius |
Davids | Hilty | Kinkel | Milbert | Pugh | Wejcman |
Dawkins | Huntley | Kubly | Mullery | Rest | Wenzel |
Delmont | Jaros | Leighton | Munger | Rukavina | Winter |
Dorn | Jefferson | Lieder | Olson, E. | Schumacher | Spk. Carruthers |
Entenza | Jennings | Long | Opatz | Skoglund | |
Evans | Johnson, A. | Luther | Orfield | Slawik | |
Those who voted in the negative were:
Abrams | Erhardt | Kraus | Nornes | Sekhon | Van Dellen |
Anderson, B. | Finseth | Krinkie | Olson, M. | Skare | Vickerman |
Bettermann | Greiling | Kuisle | Osskopp | Smith | Weaver |
Bishop | Gunther | Larsen | Ozment | Stanek | Westfall |
Boudreau | Haas | Leppik | Paulsen | Stang | Westrom |
Bradley | Harder | Lindner | Pawlenty | Sviggum | Wolf |
Broecker | Hausman | Macklin | Reuter | Swenson, D. | Workman |
Carlson | Holsten | Mares | Rhodes | Swenson, H. | |
Commers | Kielkucki | McElroy | Rifenberg | Sykora | |
Daggett | Knight | Molnau | Rostberg | Tingelstad | |
Dehler | Knoblach | Mulder | Seagren | Tompkins | |
Dempsey | Koppendrayer | Ness | Seifert | Tuma | |
The motion did not prevail and the amendment was not adopted.
S. F. No. 683, A bill for an act relating to public employment; requiring notice before dissolution of certain self insured employee benefit plans; amending Minnesota Statutes 1996, section 471.617, subdivision 4.
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 0 nays as follows:
Those who voted in the affirmative were:
Abrams | Erhardt | Kahn | Mares | Paulsen | Sviggum |
Anderson, B. | Evans | Kalis | Mariani | Pawlenty | Swenson, D. |
Anderson, I. | Finseth | Kelso | Marko | Paymar | Swenson, H. |
Bakk | Folliard | Kielkucki | McCollum | Pelowski | Sykora |
Bettermann | Garcia | Kinkel | McElroy | Peterson | Tingelstad |
Biernat | Goodno | Knight | McGuire | Pugh | Tomassoni |
Bishop | Greenfield | Knoblach | Milbert | Rest | Tompkins |
Boudreau | Greiling | Koppendrayer | Molnau | Reuter | Trimble |
Journal of the House - 51st Day - Top of Page 3555 |
|||||
Bradley | Gunther | Koskinen | Mulder | Rhodes | Tuma |
Broecker | Haas | Kraus | Mullery | Rifenberg | Tunheim |
Carlson | Harder | Krinkie | Munger | Rostberg | Van Dellen |
Chaudhary | Hasskamp | Kubly | Murphy | Rukavina | Vickerman |
Clark | Hausman | Kuisle | Ness | Schumacher | Wagenius |
Commers | Hilty | Larsen | Nornes | Seifert | Weaver |
Daggett | Holsten | Leighton | Olson, E. | Sekhon | Wejcman |
Davids | Huntley | Leppik | Olson, M. | Skare | Wenzel |
Dawkins | Jaros | Lieder | Opatz | Skoglund | Westfall |
Dehler | Jefferson | Lindner | Orfield | Slawik | Westrom |
Delmont | Jennings | Long | Osskopp | Smith | Winter |
Dempsey | Johnson, A. | Luther | Osthoff | Solberg | Wolf |
Dorn | Johnson, R. | Macklin | Otremba | Stanek | Workman |
Entenza | Juhnke | Mahon | Ozment | Stang | Spk. Carruthers |
The bill was passed and its title agreed to.
H. F. No. 1936 was reported to the House.
Murphy moved to amend H. F. No. 1936 as follows:
Page 2, line 17, after "select" insert "one or three"
Page 2, line 20, after "on" insert "the arbitrator or"
Page 2, line 22, after "upon" insert "the arbitrator or"
Page 2, line 25, after "seven", insert "randomly selected" and before the period, insert "from the roster"
Page 2, line 34, after "The" insert "arbitrator or"
Page 2, line 36, after the second "the", insert "arbitrator or"
Page 3, line 4, after "by" insert "an arbitrator or"
Page 3, line 7, after "the", insert "arbitrator or"
Page 3, line 10, after "arbitrator", insert "or panel"
Page 3, line 13, delete "an arbitration" and insert "the arbitrator or the" and after "the" insert "arbitrator or"
Page 3, line 17, delete "arbitration" and insert "arbitrator or"
Page 3, line 20, after "The" insert "arbitrator or"
Page 3, line 23, after "the" insert "arbitrator's or"
Page 3, line 30, after "the" insert "arbitrator or"
Abrams | Evans | Kahn | Mariani | Pawlenty | Swenson, D. |
Anderson, B. | Farrell | Kelso | Marko | Paymar | Swenson, H. |
Anderson, I. | Finseth | Kielkucki | McCollum | Pelowski | Sykora |
Bakk | Folliard | Kinkel | McElroy | Peterson | Tingelstad |
Bettermann | Garcia | Knight | McGuire | Pugh | Tomassoni |
Biernat | Goodno | Knoblach | Milbert | Reuter | Tompkins |
Boudreau | Greenfield | Koppendrayer | Molnau | Rhodes | Trimble |
Bradley | Greiling | Koskinen | Mulder | Rifenberg | Tuma |
Broecker | Gunther | Kraus | Mullery | Rostberg | Tunheim |
Carlson | Haas | Krinkie | Munger | Rukavina | Van Dellen |
Chaudhary | Harder | Kubly | Murphy | Schumacher | Vickerman |
Clark | Hasskamp | Kuisle | Ness | Seagren | Wagenius |
Commers | Hausman | Larsen | Nornes | Seifert | Weaver |
Daggett | Hilty | Leighton | Olson, E. | Sekhon | Wejcman |
Davids | Holsten | Leppik | Olson, M. | Skare | Wenzel |
Dawkins | Huntley | Lieder | Opatz | Skoglund | Westfall |
Dehler | Jaros | Lindner | Orfield | Slawik | Westrom |
Delmont | Jefferson | Long | Osskopp | Smith | Winter |
Dempsey | Jennings | Luther | Osthoff | Solberg | Wolf |
Dorn | Johnson, A. | Macklin | Otremba | Stanek | Workman |
Entenza | Johnson, R. | Mahon | Ozment | Stang | Spk. Carruthers |
Erhardt | Juhnke | Mares | Paulsen | Sviggum | |
Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Krinkie and Bettermann offered an amendment to H. F. No. 1936, as amended.
Bakk raised a point of order pursuant to rule 3.09 that the Krinkie and Bettermann amendment was not in order.
Speaker pro tempore Wejcman, pursuant to section 245 of "Mason's Manual of Legislative Procedure", submitted the following question to the House: "Is it the judgment of the House that the Bakk point of order is well taken?"
A roll call was requested and properly seconded.
The question was taken on the Bakk point of order and the roll was called.
Winter moved that those not voting be excused from voting. The motion prevailed.
There were 69 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Folliard | Johnson, R. | Mariani | Otremba | Solberg |
Bakk | Garcia | Juhnke | Marko | Paymar | Tomassoni |
Biernat | Greenfield | Kahn | McCollum | Pelowski | Trimble |
Carlson | Greiling | Kelso | McGuire | Peterson | Tunheim |
Chaudhary | Hasskamp | Kinkel | Milbert | Pugh | Wagenius |
Clark | Hausman | Koskinen | Mullery | Rest | Wejcman |
Dawkins | Hilty | Kubly | Munger | Rukavina | Wenzel |
Delmont | Huntley | Leighton | Murphy | Schumacher | Winter |
Dorn | Jaros | Lieder | Olson, E. | Sekhon | Spk. Carruthers |
Entenza | Jefferson | Long | Opatz | Skare | |
Evans | Jennings | Luther | Orfield | Skoglund | |
Farrell | Johnson, A. | Mahon | Osthoff | Slawik | |
Those who voted in the negative were:
Abrams | Erhardt | Kraus | Ness | Seagren | Tuma |
Anderson, B. | Finseth | Krinkie | Nornes | Seifert | Van Dellen |
Bettermann | Goodno | Kuisle | Olson, M. | Smith | Vickerman |
Boudreau | Gunther | Larsen | Osskopp | Stanek | Weaver |
Bradley | Haas | Leppik | Ozment | Stang | Westfall |
Broecker | Harder | Lindner | Paulsen | Sviggum | Westrom |
Commers | Holsten | Macklin | Pawlenty | Swenson, D. | Wolf |
Daggett | Kielkucki | Mares | Reuter | Swenson, H. | Workman |
Davids | Knight | McElroy | Rhodes | Sykora | |
Dehler | Knoblach | Molnau | Rifenberg | Tingelstad | |
Dempsey | Koppendrayer | Mulder | Rostberg | Tompkins | |
So it was the judgment of the House that the Bakk point of order was well taken and the Krinkie and Bettermann amendment out of order.
H. F. No. 1936, A bill for an act relating to labor relations; requiring arbitration in certain circumstances; establishing procedures; providing penalties; amending Minnesota Statutes 1996, sections 179.06, by adding a subdivision; and 179A.16, subdivision 3, and by adding a subdivision.
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 72 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Anderson, I. | Folliard | Johnson, R. | Mahon | Osthoff | Skoglund |
Bakk | Garcia | Juhnke | Mariani | Otremba | Slawik |
Biernat | Greenfield | Kahn | Marko | Ozment | Smith |
Carlson | Greiling | Kalis | McCollum | Paymar | Solberg |
Chaudhary | Hasskamp | Kelso | McGuire | Pelowski | Tomassoni |
Clark | Hausman | Kinkel | Milbert | Peterson | Trimble |
Dawkins | Hilty | Koskinen | Mullery | Pugh | Tunheim |
Delmont | Huntley | Kubly | Munger | Rest | Wagenius |
Dorn | Jaros | Leighton | Murphy | Rukavina | Wejcman |
Entenza | Jefferson | Lieder | Olson, E. | Schumacher | Wenzel |
Evans | Jennings | Long | Opatz | Sekhon | Winter |
Farrell | Johnson, A. | Luther | Orfield | Skare | Spk. Carruthers |
Those who voted in the negative were:
Abrams | Dempsey | Koppendrayer | Mulder | Seagren | Van Dellen |
Anderson, B. | Erhardt | Kraus | Ness | Seifert | Vickerman |
Bettermann | Finseth | Krinkie | Nornes | Stanek | Weaver |
Bishop | Goodno | Kuisle | Olson, M. | Stang | Westfall |
Boudreau | Gunther | Larsen | Osskopp | Sviggum | Westrom |
Bradley | Haas | Leppik | Paulsen | Swenson, D. | Wolf |
Broecker | Harder | Lindner | Pawlenty | Swenson, H. | Workman |
Commers | Holsten | Macklin | Reuter | Sykora | |
Daggett | Kielkucki | Mares | Rhodes | Tingelstad | |
Davids | Knight | McElroy | Rifenberg | Tompkins | |
Dehler | Knoblach | Molnau | Rostberg | Tuma | |
The bill was passed, as amended, and its title agreed to.
Speaker pro tempore Wejcman called Opatz to the Chair.
S. F. No. 399, A bill for an act relating to economic security; providing for the administration of certain employment and training services; proposing coding for new law in Minnesota Statutes, chapter 268.
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 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 | Mariani | Paymar | Swenson, D. |
Bakk | Finseth | Kelso | Marko | 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 |
Journal of the House - 51st Day - Top of Page 3559 |
|||||
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.
Winter moved that the call of the House be suspended. The motion prevailed and it was so ordered.
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.
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 0 nays 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 | Knight | Milbert | Rest | Tomassoni |
Bishop | Goodno | Knoblach | Molnau | Reuter | Tompkins |
Boudreau | Greenfield | Koppendrayer | Mulder | Rhodes | Trimble |
Bradley | Greiling | Koskinen | Mullery | Rifenberg | Tuma |
Broecker | Gunther | Kraus | Munger | Rostberg | Tunheim |
Carlson | Haas | Krinkie | Murphy | Rukavina | Van Dellen |
Chaudhary | Harder | Kubly | Ness | Schumacher | Vickerman |
Clark | Hasskamp | Kuisle | Nornes | Seagren | Wagenius |
Commers | Hausman | Larsen | Olson, E. | Seifert | Weaver |
Daggett | Hilty | Leighton | Olson, M. | Sekhon | Wejcman |
Davids | Holsten | Leppik | Opatz | Skare | Wenzel |
Dawkins | Huntley | Lindner | Orfield | Skoglund | Westfall |
Dehler | Jaros | Long | Osskopp | Slawik | Westrom |
Delmont | Jefferson | Luther | Osthoff | Smith | Winter |
Dempsey | Jennings | Macklin | Otremba | Solberg | Wolf |
Dorn | Johnson, A. | Mahon | Ozment | Stanek | Spk. Carruthers |
Entenza | Johnson, R. | Mares | Paulsen | Stang | |
Abrams | Evans | Kalis | Mariani | Paymar | Swenson, D. |
Anderson, B. | Farrell | Kelso | Marko | Pelowski | Swenson, H. |
Anderson, I. | Finseth | Kielkucki | McElroy | Peterson | Sykora |
Bakk | Folliard | Kinkel | McGuire | Pugh | Tingelstad |
Bettermann | Garcia | Knight | Milbert | Rest | Tomassoni |
Biernat | Goodno | Knoblach | Molnau | Reuter | Tompkins |
Bishop | Greenfield | Koppendrayer | Mulder | Rhodes | Trimble |
Boudreau | Greiling | Koskinen | Mullery | Rifenberg | Tuma |
Bradley | Gunther | Kraus | Munger | Rostberg | Tunheim |
Carlson | Haas | Krinkie | Murphy | Rukavina | Van Dellen |
Chaudhary | Harder | Kubly | Ness | Schumacher | Vickerman |
Clark | Hasskamp | Kuisle | Nornes | Seagren | Wagenius |
Commers | Hilty | Larsen | Olson, E. | Seifert | Weaver |
Daggett | Holsten | Leighton | Olson, M. | Sekhon | Wejcman |
Davids | Huntley | Leppik | Opatz | Skare | Wenzel |
Dawkins | Jaros | Lieder | Orfield | Skoglund | Westfall |
Dehler | Jefferson | Lindner | Osskopp | Slawik | Westrom |
Delmont | Jennings | Long | Osthoff | Smith | Winter |
Dempsey | Johnson, A. | Luther | Otremba | Solberg | Wolf |
Dorn | Johnson, R. | Macklin | Ozment | Stanek | Workman |
Entenza | Juhnke | Mahon | Paulsen | Stang | Spk. Carruthers |
Erhardt | Kahn | Mares | Pawlenty | Sviggum | |
Those who voted in the negative were:
Hausman
The bill was passed and its title agreed to.
S. F. No. 156 which was temporarily laid over earlier today on Special Orders was again reported to the House.
Delmont moved to amend S. F. No. 156 as follows:
Delete everything after the enacting clause and insert:
Abrams | Erhardt | Johnson, R. | Mares | Paulsen | Sviggum |
Anderson, I. | Evans | Kahn | Mariani | Paymar | Swenson, D. |
Bakk | Farrell | Kalis | Marko | Pelowski | Swenson, H. |
Bettermann | Finseth | Kelso | McCollum | Peterson | Sykora |
Biernat | Folliard | Kielkucki | McElroy | Pugh | Tingelstad |
Bishop | Garcia | Kinkel | McGuire | Rest | Tomassoni |
Boudreau | Goodno | Knoblach | Milbert | Reuter | Tompkins |
Bradley | Greenfield | Koppendrayer | Molnau | Rhodes | Trimble |
Broecker | Greiling | Koskinen | Mulder | Rifenberg | Tuma |
Carlson | Gunther | Kraus | Mullery | Rostberg | Tunheim |
Chaudhary | Haas | Kubly | Munger | Rukavina | Van Dellen |
Clark | Harder | Kuisle | Murphy | Schumacher | Vickerman |
Commers | Hasskamp | Larsen | Ness | Seagren | Wagenius |
Daggett | Hausman | Leighton | Nornes | Seifert | Wejcman |
Davids | Hilty | Leppik | Olson, E. | Sekhon | Wenzel |
Dawkins | Holsten | Lieder | Opatz | Skare | Westfall |
Dehler | Huntley | Lindner | Orfield | Slawik | Westrom |
Delmont | Jaros | Long | Osskopp | Smith | Winter |
Dempsey | Jefferson | Luther | Osthoff | Solberg | Wolf |
Dorn | Jennings | Macklin | Otremba | Stanek | Workman |
Entenza | Johnson, A. | Mahon | Ozment | Stang | Spk. Carruthers |
Those who voted in the negative were:
Anderson, B. | Knight | Krinkie | Olson, M. | Pawlenty | Skoglund |
Weaver | |||||
The bill was passed, as amended, and its title agreed to.
Winter moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
The Speaker resumed the Chair.
There being no objection, the order of business reverted to Reports of Standing Committees.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 435, A bill for an act relating to the environment; amending the Minnesota Environmental Response and Liability Act; providing for the use of institutional controls to assure protectiveness of cleanup remedies; authorizing the pollution control agency to enter into certain cleanup settlements; changing a report date; appropriating money; amending Minnesota Statutes 1996, sections 115B.02, subdivision 16, and by adding a subdivision; 115B.17, subdivisions 14, 15, and by adding subdivisions; and 115B.412, subdivision 10.
Reported the same back with the following amendments:
Page 8, after line 19, insert:
"Sec. 11. Minnesota Statutes 1996, section 115B.48, subdivision 3, is amended to read:
Subd. 3. [DRYCLEANING FACILITY.] "Drycleaning facility" means a facility located in this state that is or has been used for a drycleaning operation, other than:
(1) a coin-operated drycleaning operation;
(2) a facility located on a United States military base;
(3) a uniform service or linen supply facility;
(4) a prison or other penal institution;
(5) a facility on the national priorities list established under the Federal Superfund Act; or
(6) a facility at which a response action has been taken
or started under section 115B.17 before July 1, 1995,
except as authorized in a settlement agreement approved by the commissioner by
July 1, 1997.
Sec. 12. Minnesota Statutes 1996, section 115B.48,
subdivision 8, is amended to read:
Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time
equivalence" means 2,000 hours worked by employees, owners, and others Sec. 13. Minnesota Statutes 1996, section 115B.49,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator
of a drycleaning facility shall register on or before July 1 of each year with
the commissioner of revenue in a manner prescribed by the commissioner of
revenue and pay a registration fee for the facility. The amount of the fee is:
(1) $500, for facilities with a full-time equivalence of
fewer than five;
(2) $1,000, for facilities with a full-time equivalence
of five to ten; and
(3) $1,500, for facilities with a full-time equivalence
of more than ten.
(b) A person who sells drycleaning solvents for use by
drycleaning facilities in the state shall collect and remit to the commissioner
of revenue in a manner prescribed by the commissioner of revenue, on or before
the 20th day of the month following the month in which the sales of drycleaning
solvents are made, a fee of:
(1) $3.50 for each gallon of perchloroethylene sold for
use by drycleaning facilities in the state; and
(2) 70 cents for each gallon of hydrocarbon-based
drycleaning solvent sold for use by drycleaning facilities in the state.
(c) The commissioner shall, after a public hearing but
notwithstanding section 16A.1285, subdivision 4, annually adjust the fees in
this subdivision as necessary to maintain (1) $600,000 beginning July 1,
1997;
(2) $700,000 beginning July 1,
1998; and
(3) $800,000 beginning July 1,
1999.
Any adjustment under this paragraph must be prorated
among all the fees in this subdivision. (d) To enforce this subdivision, the commissioner of
revenue may examine documents, assess and collect fees, conduct investigations,
issue subpoenas, grant extensions to file returns and pay fees, impose penalties
and interest on the annual registration fee under paragraph (a) and the monthly
fee under paragraph (b), abate penalties and interest, and administer appeals,
in the manner provided in chapters 270 and 289A. The penalties and interest
imposed on taxes under chapter 297A apply to the fees imposed under this
subdivision. Disclosure of data collected by the commissioner of revenue under
this subdivision is governed by chapter 270B."
Page 8, line 20, delete "11" and insert "14"
Page 8, line 25, after the period, insert "Sections 11 to 13 are effective the day following final
enactment."
Amend the title as follows:
Page 1, line 7, after "settlements;" insert "modifying
the drycleaner environmental response and reimbursement law;"
Page 1, line 11, delete "and" and before the period
insert "; 115B.48, subdivisions 3 and 8; and 115B.49, subdivision 4"
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. 1504, A bill for an act relating to natural
resources; extending permits for timber sales that expire in 1997.
Reported the same back with the recommendation that the
bill pass.
The report was adopted.
H. F. No. 435 was read for the second time.
S. F. No. 1504 was read for the second time.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned:
H. F. No. 664, A bill for an act relating to state
government; adding authority for the board of water and soil resources to accept
and administer federal grants, donations, gifts, and other contributions to
achieve authorized objectives of the agency; amending Minnesota Statutes 1996,
sections 103B.101, subdivision 9; and 103C.401, subdivision 1.
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:
H. F. No. 257, A bill for an act relating to health;
establishing licensing requirements for the provision of ambulance service;
establishing registration requirements for first responders; proposing coding
for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes
1996, section 144.802, subdivisions 1, 2, 3, 3b, 4, 5, and 6.
The Senate has appointed as such committee:
Mrs. Lourey; Messrs. Dille and Betzold.
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:
H. F. No. 282, A bill for an act relating to the
metropolitan council; providing for appointment, discharge, and discipline of
metropolitan transit police peace officers; amending Minnesota Statutes 1996,
sections 473.125; 473.407, subdivision 4; and 626.84, subdivision 1.
The Senate has appointed as such committee:
Messrs. Wiger; Johnson, D. H., and Ms. Robertson.
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:
H. F. No. 1684, A bill for an act relating to education;
kindergarten through grade 12; providing for general education; special
programs; lifework development; education organization, cooperation, and
facilities; education excellence; academic performance; education policy issues;
libraries; technology; state agencies; conforming and technical amendments;
school bus safety; appropriating money; amending Minnesota Statutes 1996,
sections 16A.11, by adding a subdivision; 120.062, subdivisions 7 and 9;
120.0621, subdivisions 5a, 5b, 6, and by adding a subdivision; 120.064,
subdivisions 3, 4, 4a, 5, 8, 11, 20a, and by adding subdivisions; 120.101,
subdivision 5c, and by adding a subdivision; 120.17, subdivision 3a; 120.181;
121.11, subdivision 7c, and by adding a subdivision; 121.1115, by adding
subdivisions; 121.15, by adding subdivisions; 121.155, by adding a subdivision;
121.602, subdivisions 1, 2, and 4; 121.611; 121.615, subdivisions 2, 3, 5, 6, 7,
8, 9, and 10; 121.703, subdivision 3; 121.904, subdivision 4a; 123.34, by adding
a subdivision; 123.3514, subdivisions 4, 4a, 4c, 4e, 6c, 8, and by adding
subdivisions; 123.39, subdivision 6; 123.799, subdivision 1; 123.7991,
subdivisions 1 and 2; 123.935, subdivision 7; 124.155, subdivision 1; 124.17,
subdivision 4, and by adding a subdivision; 124.193; 124.195, subdivisions 2, 7,
10, 11, and by adding a subdivision; 124.225, subdivisions 1, 3a, 7b, 7d, 7f,
8a, 10, 13, 14, 15, and 17; 124.226, subdivisions 4, 9, and 10; 124.2445;
124.2455; 124.248, subdivisions 1 and 3; 124.2613, subdivisions 3 and 6;
124.2727, subdivisions 6a, 6c, and 6d; 124.273, subdivisions 1d, 1e, 1f, and 5;
124.312, subdivisions 4 and 5; 124.313;
124.314, subdivisions 1 and 2; 124.3201, subdivisions 1,
2, 3, and 4; 124.321, subdivision 1; 124.323, subdivisions 1 and 2; 124.42,
subdivision 4; 124.431, subdivisions 2 and 11; 124.45; 124.481; 124.573,
subdivision 2f; 124.574, subdivisions 1, 2d, 2f, 5, 6, and 9; 124.646,
subdivision 1; 124.83, subdivisions 1 and 2; 124.86, subdivision 2, and by
adding a subdivision; 124.91, subdivisions 1 and 5; 124.912, subdivisions 1, 2,
and 3; 124.916, subdivisions 1, 2, and 3; 124.918, subdivision 6; 124.95,
subdivision 2; 124.961; 124A.03, subdivision 1c; 124A.036, subdivisions 5 and 6;
124A.04, subdivision 2; 124A.22, subdivisions 1, 2, as amended, 3, 6, 6a, 10,
11, 13b, and by adding a subdivision; 124A.225, subdivisions 1 and 4; 124A.23,
subdivisions 1 and 3; 124A.26, subdivision 1; 124A.28; 124C.45, subdivision 1a;
124C.46, subdivisions 1 and 2; 124C.498, subdivision 2; 125.05, subdivisions 1c
and 2; 125.12, subdivision 14; 126.22, subdivision 2; 126.23, subdivision 1;
126.77, subdivision 1; 126.82; 127.27, subdivision 10; 127.282; 128C.02,
subdivision 2; 128C.08, subdivision 5; 134.155, subdivisions 2 and 3; 134.34,
subdivision 4; 136A.233, by adding a subdivision; 169.01, subdivision 6;
169.447, subdivision 6; 169.4501, subdivisions 1 and 2; 169.4502, subdivisions
2, 7, 11, and by adding subdivisions; 169.4503, subdivisions 1, 2, 10, 13, 14,
17, 19, 23, 24, and by adding a subdivision; 169.4504, subdivision 1, and by
adding a subdivision; 169.452; and 171.3215, subdivision 4; Laws 1991, chapter
265, article 1, section 30, as amended; Laws 1992, chapter 499, article 7,
section 31; Laws 1995, First Special Session chapter 3, article 1, section 56;
article 2, section 52; article 3, section 11, subdivisions 1, 2, and 5; article
11, section 21, subdivision 3; article 12, section 7, subdivision 1; Laws 1996,
chapter 412, article 4, section 34, subdivision 4; and article 12, sections 8
and 11; proposing coding for new law in Minnesota Statutes, chapters 120; 121;
124; 126; and 127; proposing coding for new law as Minnesota Statutes, chapter
256J; repealing Minnesota Statutes 1996, sections 121.904, subdivision 4d;
124.177; 124.225, subdivisions 13, 14, 15, 16, and 17; 124.226, subdivisions 1,
3, 3a, 6, and 10; 124.3201, subdivisions 2a and 2b; 124A.22, subdivisions 2a,
13, and 13a; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711; 124A.72; 124A.73;
126.113; 128B.10; 134.34, subdivision 4a; 134.46; 169.4502, subdivisions 6 and
9; 169.4503, subdivisions 3, 8, 9, 11, 12, and 22; and 169.454, subdivision 11;
Laws 1993, chapter 146, article 5, section 20; Laws 1994, chapter 647, article
7, section 18; and Laws 1995, First Special Session chapter 3, article 12,
section 8.
The Senate has appointed as such committee:
Messrs. Pogemiller; Janezich; Mrs. Scheid; Mses.
Robertson and Olson.
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:
H. F. No. 2163, A bill for an act relating to the
financing and operation of state and local government; providing for property
tax reform; providing for education financing; limiting education revenue
referenda for 1997; changing property tax refunds for homeowners and renters;
changing truth-in-taxation requirements; providing for joint truth-in-taxation
hearings; imposing levy limits on cities and counties; changing fiscal note
requirements for state mandates; providing for reimbursement for costs of state
mandates; providing for certain property tax exemptions; establishing a property
tax reform account; providing a refundable credit for 1997 property taxes;
making miscellaneous property tax changes; providing a senior citizens property
tax deferral program; changing aids to local governments; changing tax increment
financing provisions; authorizing certain tax increment districts; exempting
certain tax increment districts from certain requirements; authorizing local
taxes, levies, and abatements; conforming certain income tax laws with changes
in federal law; providing income tax credits; modifying the application of sales
and excise taxes; exempting certain purchases from the sales tax; modifying
waste management tax and taconite tax provisions; increasing the budget reserve;
revising the law governing regional development commissions; providing for
certain payments to counties; making miscellaneous technical changes and
corrections; requiring studies; appropriating money; amending Minnesota Statutes
1996, sections 6.76; 16A.152, subdivision 2; 69.021, subdivision 7; 93.41;
103D.905, subdivisions 4, 5, and by adding a subdivision; 115A.554; 116.07,
subdivision 10; 117.155; 121.15, by adding a subdivision; 122.247, subdivision
3; 122.45, subdivision 3a; 122.531,
subdivisions 4a and 9; 122.533; 122.535, subdivision 6;
124.2131, subdivision 1; 124.239, subdivision 5, and by adding subdivisions;
124.2601, subdivisions 2 and 3; 124.2711, subdivisions 1 and 5; 124.2713,
subdivision 1; 124.2714; 124.2715, subdivision 1; 124.2716, subdivision 2;
124.2725, subdivisions 2, 6, 13, and 14; 124.2726, subdivisions 1 and 3;
124.2727, subdivision 6a; 124.312, subdivision 5; 124.313; 124.4945; 124.83,
subdivision 3; 124.91, subdivisions 1, 2, 5, and 7; 124.912, subdivisions 1, 3,
6, and 7; 124.914, subdivisions 1, 2, 3, and 4; 124.916, subdivisions 1, 3, and
4; 124.918, subdivision 8; 124.95, subdivision 1; 124A.03, subdivision 1g;
124A.23, subdivision 1; 124A.292, subdivision 2; 161.45, by adding a
subdivision; 216B.16, by adding subdivisions; 270.60, by adding a subdivision;
270B.02, by adding a subdivision; 270B.12, by adding a subdivision; 271.01,
subdivision 5; 271.19; 272.02, subdivision 1, and by adding a subdivision;
272.115; 273.11, subdivisions 1a, 16, and by adding a subdivision; 273.111,
subdivisions 3 and 6; 273.112, by adding a subdivision; 273.121; 273.124,
subdivisions 1, 14, and by adding a subdivision; 273.13, subdivisions 1, 22, 23,
24, 25, 31, and by adding subdivisions; 273.135, subdivision 2; 273.1391,
subdivision 2; 273.1398, subdivisions 1, 1a, 6, 8, and by adding subdivisions;
273.18; 274.01; 274.13, by adding subdivisions; 275.065, subdivisions 1, 3, 5a,
6, 8, and by adding subdivisions; 275.07, subdivision 4; 275.08, subdivision 1b;
276.04, subdivision 2; 276A.04; 276A.05, subdivisions 1 and 5; 276A.06,
subdivisions 2, 3, 5, and 9; 278.07; 281.13; 281.23, subdivision 6; 281.273;
281.276; 282.01, subdivision 8; 282.04, subdivision 1; 287.22; 289A.02,
subdivision 7; 289A.26, subdivisions 2, 3, 6, and 7; 289A.56, subdivision 4;
290.01, subdivisions 19, 19a, 19b, 19c, 19d, 19g, and 31; 290.014, subdivisions
2 and 3; 290.015, subdivision 5; 290.06, subdivision 22, and by adding
subdivisions; 290.067, subdivision 1; 290.068, subdivision 1; 290.0922,
subdivision 1; 290.17, subdivision 1; 290.371, subdivision 2; 290.92, by adding
a subdivision; 290.9725; 290.9727, subdivision 1; 290.9728, subdivision 1;
290A.03, subdivisions 6, 7, 11, and 13; 290A.04, subdivisions 1, 2, 6, and by
adding a subdivision; 290A.19; 291.005, subdivision 1; 295.50, subdivision 6;
295.58; 296.141, subdivision 4; 296.18, subdivision 1; 297A.01, subdivisions 3,
4, 7, 11, 15, and 16; 297A.02, subdivision 2; 297A.14, subdivision 4; 297A.211,
subdivision 1; 297A.25, subdivisions 2, 3, 7, 11, 56, 59, and by adding
subdivisions; 297A.45; 297B.01, subdivisions 7 and 8; 297E.02, subdivision 6;
297E.04, subdivision 3; 298.24, subdivision 1; 298.28, subdivisions 2, 3, 4, 5,
9a, and by adding subdivisions; 298.2961, subdivision 1; 298.75, subdivisions 1,
4, and by adding a subdivision; 325D.33, subdivision 3; 349.12, subdivision 26a;
349.154, subdivision 2; 349.163, subdivision 8; 349.19, subdivision 2a; 349.191,
subdivision 1b; 373.40, subdivision 7; 398A.04, subdivision 1; 462.381; 462.383;
462.384, subdivision 5; 462.385; 462.386, subdivision 1; 462.387; 462.388;
462.389, subdivisions 1, 3, and 4; 462.39, subdivisions 2 and 3; 462.391,
subdivision 5, and by adding subdivisions; 462.393; 462.394; 462.396; 462.398;
469.012, subdivision 1; 469.033, subdivision 6; 469.040, subdivision 3, and by
adding a subdivision; 469.174, subdivisions 10, 19, and by adding subdivisions;
469.175, subdivision 3, and by adding subdivisions; 469.176, subdivisions 1b, 2,
4c, 4g, 4j, and 6; 469.177, subdivisions 1, 3, and 4; 473F.06; 473F.07,
subdivisions 1 and 5; 473F.08, subdivisions 2, 3, 5, and 8a; 477A.011,
subdivisions 20, 34, 35, 36, 37, and by adding subdivisions; 477A.013,
subdivisions 1 and 9; 477A.03, subdivision 2; and 477A.05; Laws 1992, chapter
511, article 2, section 52; Laws 1993, chapter 375, article 9, section 45,
subdivisions 2, 3, 4, and by adding a subdivision; Laws 1995, chapter 264,
article 5, sections 44, subdivision 4, as amended; and 45, subdivision 1, as
amended; Laws 1997, chapter 34, section 2; proposing coding for new law in
Minnesota Statutes, chapters 3; 14; 16A; 124; 124A; 270; 273; 275; 290; 297A;
383A; 383B; 458D; 462A; 469; 477A; proposing coding for new law as Minnesota
Statutes, chapter 290B; repealing Minnesota Statutes 1996, sections 3.982;
124.2131, subdivision 3a; 124.2134; 124.225, subdivisions 1, 3a, 7a, 7b, 7d, 7e,
7f, 8a, 8k, 8l, 8m, 9, 10, 13, 14, 15, 16, and 17; 124.226; 124.2442; 124.2601,
subdivisions 4, 5, and 6; 124.2711, subdivisions 2a and 3; 124.2713,
subdivisions 6, 6a, 6b, and 7; 124.2715, subdivisions 2 and 3; 124.2716,
subdivisions 3 and 4; 124.2725, subdivisions 3, 4, 5, and 7; 124.2727,
subdivisions 6b, 6c, and 9; 124.314, subdivision 2; 124.321; 124.91,
subdivisions 2, 4, and 7; 124.912, subdivision 2; 124A.029; 124A.03,
subdivisions 2a and 3b; 124A.0311; 124A.22, subdivisions 4a, 4b, 8a, 8b, 13d,
and 13e; 124A.23, subdivisions 1, 2, 3, and 4; 124A.26, subdivisions 2 and 3;
124A.292, subdivisions 3 and 4; 270B.12, subdivision 11; 273.13, subdivisions
21a and 32; 273.1315; 273.1317; 273.1318; 273.1398, subdivisions 2, 2c, 2d, 3,
and 3a; 273.1399; 273.166; 275.08, subdivisions 1c and 1d; 275.61; 276.012;
276A.06, subdivision 9; 290A.03, subdivisions 12a and 14; 290A.055; 290A.26;
297A.01, subdivisions 20 and 21; 297A.02, subdivision 5; 297A.25, subdivision
29; 462.384, subdivision 7; 462.385, subdivision 2; 462.389, subdivision 5;
462.391, subdivisions 1, 2, 3, 4, 6, 7, 8, and 9; 462.392; 469.176, subdivisions
1a and 5; 469.1782, subdivision 1; 469.181; 473F.08, subdivision 8a; and 645.34;
Laws 1995, chapter 264, article 4, as amended.
The Senate has appointed as such committee:
Mr. Johnson, D. J.; Ms. Pappas; Messrs. Hottinger,
Belanger and Vickerman.
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:
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.
The Senate has appointed as such committee:
Mr. Pogemiller; Ms. Krentz and Mr. Scheevel.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in
the House amendments to the following Senate File:
S. F. No. 612, A bill for an act relating to Washington
county; permitting the appointment of the recorder and auditor/treasurer.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Wiger; Kelly, R. C., and Ms. Lesewski.
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
Marko moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 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. 612. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in
the House amendments to the following Senate File:
S. F. No. 457, A bill for an act relating to
professions; modifying provisions relating to the board of social work;
providing civil penalties; amending Minnesota Statutes 1996, sections 13.99,
subdivision 50; 148B.01, subdivisions 4 and 7; 148B.03; 148B.04, subdivisions 2,
3, and 4; 148B.06, subdivision 3; 148B.07; 148B.08, subdivision 2; 148B.18,
subdivisions 4, 5, 11, and by adding subdivisions; 148B.19, subdivisions 1, 2,
and 4; 148B.20, subdivision 1, and by adding a subdivision; 148B.21,
subdivisions 3, 4, 5, 6, 7, and by adding a subdivision; 148B.215; 148B.22, by
adding a subdivision; 148B.26,
subdivision 1, and by adding a subdivision; 148B.27,
subdivisions 1 and 2; and 148B.28, subdivisions 1 and 4; proposing coding for
new law in Minnesota Statutes, chapter 148B; repealing Minnesota Statutes 1996,
sections 148B.01, subdivision 3; 148B.18, subdivisions 6 and 7; 148B.19,
subdivision 3; and 148B.23.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Betzold; Ten Eyck, and Ms. Runbeck.
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
McGuire moved that the House accede to the request of
the Senate and that the Speaker appoint a Conference Committee of 3 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. 457. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the
following Senate Files, herewith transmitted:
S. F. Nos. 1208, 1111 and 1268.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1208, A bill for an act relating to
MinnesotaCare; eliminating the health care commission; modifying the regional
coordinating boards; eliminating integrated service networks; modifying the
health technology advisory committee; expanding the eligibility of the
MinnesotaCare program; modifying general assistance medical care; modifying the
enforcement mechanisms for the provider tax pass-through; modifying mandatory
Medicare assignment; making technical, policy, and administrative changes and
connections to MinnesotaCare taxes; providing grants for MinnesotaCare outreach;
regulating community purchasing arrangements; requiring certain studies;
appropriating money; amending Minnesota Statutes 1996, sections 60A.15,
subdivision 1; 60A.951, subdivision 5; 62A.61; 62J.017; 62J.06; 62J.07,
subdivisions 1 and 3; 62J.09, subdivision 1; 62J.15, subdivision 1; 62J.152,
subdivisions 1, 2, 4, 5, and by adding a subdivision; 62J.17, subdivision 6a;
62J.22; 62J.25; 62J.2914, subdivision 1; 62J.2915; 62J.2916, subdivision 1;
62J.2917, subdivision 2; 62J.2921, subdivision 2; 62J.451, subdivision 6b;
62M.02, subdivision 21; 62N.01, subdivision 1; 62N.22; 62N.23; 62N.25,
subdivision 5; 62N.26; 62N.40; 62Q.01, subdivisions 3, 4, and 5; 62Q.03,
subdivision 5a; 62Q.106; 62Q.19, subdivision 1; 62Q.33, subdivision 2; 62Q.45,
subdivision 2; 136A.1355; 144.147, subdivisions 1, 2, 3, and 4; 144.1484,
subdivision 1; 256.01, subdivision 2; 256.045, subdivision 3a; 256.9352,
subdivision 3; 256.9353, subdivisions 1, 3, and 7; 256.9354, subdivisions 4, 5,
6, 7, and by adding a subdivision; 256.9355, subdivisions 1, 4, and by adding a
subdivision; 256.9357, subdivision 3; 256.9358, subdivision 4; 256.9359,
subdivision 2; 256.9363, subdivisions 1 and 5; 256.9657, subdivision 3;
256B.0625, subdivision 13; 256D.03, subdivision 3; 295.50, subdivisions 3, 4, 6,
7, 9b, 13, 14, and by adding a subdivision; 295.51, subdivision 1; 295.52,
subdivisions 1, 1a, 2, 4, and by adding subdivisions; 295.53, subdivisions 1, 3,
and 4; 295.54, subdivisions 1 and 2; 295.55, subdivision 2; and 295.582;
proposing coding for new law in Minnesota Statutes, chapters 16A; 144; and 256;
proposing coding for new law as Minnesota Statutes, chapter 62S; repealing
Minnesota Statutes 1996, sections 62E.11, subdivision 12; 62J.04, subdivisions 4
and 7; 62J.05; 62J.051; 62J.09, subdivision 3a; 62J.37; 62N.01, subdivision 2;
62N.02, subdivisions 2, 3, 4b, 4c, 6, 7, 8, 9, 10, and 12; 62N.03; 62N.04;
62N.05; 62N.06; 62N.065; 62N.071; 62N.072; 62N.073; 62N.074; 62N.076; 62N.077;
62N.078; 62N.10; 62N.11; 62N.12; 62N.13; 62N.14; 62N.15; 62N.17; 62N.18; 62N.24;
62N.38; 62Q.165, subdivision 3; 62Q.25; 62Q.29; 62Q.41;
147.01, subdivision 6; 295.52, subdivision 1b; and
295.53, subdivision 5; Laws 1993, chapter 247, article 4, section 8; Laws 1994,
chapter 625, article 5, section 5, as amended; Laws 1995, chapter 96, section 2;
and Laws 1995, First Special Session chapter 3, article 13, section 2.
The bill was read for the first time and referred to the
Committee on Ways and Means.
S. F. No. 1111, A bill for an act relating to
agriculture; changing well water testing requirements for certain grade A milk
producers; amending Minnesota Statutes 1996, section 32.394, subdivision 11.
The bill was read for the first time and referred to the
Committee on Agriculture.
S. F. No. 1268, A bill for an act relating to public
utilities; providing for an analysis of certain utility personal property taxes.
The bill was read for the first time and referred to the
Committee on Taxes.
Solberg moved that the name of Kinkel be stricken and
the name of Kalis be added as an author on H. F. No. 361. The motion prevailed.
For the remainder of the 1997 Regular Session of the
Legislature, conference committees shall not meet between the hours of 12:00
midnight and 7:00 a.m.
.
Winter moved that when the House adjourns today it
adjourn until 10:00 a.m., Friday, May 2, 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.,
Friday, May 2, 1997.
Edward A. Burdick, Chief Clerk, House of Representatives
, at duties related to the drycleaning operation in a
drycleaning facility during a 12-month period beginning July 1 of the preceding
year and running through June 30 of the year in which the annual registration
fee is due. For those drycleaning facilities that were in business less than the
12-month period, full-time equivalence means the total of all of the hours
worked at duties related to the drycleaning
operation in the drycleaning facility, divided by 2,000 and multiplied by a
fraction, the numerator of which is 50 and the denominator of which is the
number of weeks in business during the reporting period.
an
unencumbered balance in the account annual
income of at least $1,000,000:
Fees adjusted
under this paragraph may not exceed 200 percent of the fees in this
subdivision After adjustment under this paragraph,
the fees in this subdivision must not be greater than two times their original
amount. The commissioner shall notify the commissioner of revenue of an
adjustment under this paragraph no later than March 1 of the year in which the
adjustment is to become effective. The adjustment is effective for sales of
drycleaning solvents made, and annual registration fees due, beginning on July 1
of the same year.