A bill for an act relating to landlord and tenant; prohibiting landlords from penalizing tenants solely for seeking police or emergency assistance; superseding inconsistent local regulation; authorizing the attorney general to investigate and prosecute violations; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 504.

April 29, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

That the Senate recede from its amendment and that H. F. No. 686 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. [504.215] [TENANT'S RIGHT TO SEEK POLICE AND EMERGENCY ASSISTANCE.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.

(c) "Landlord" means the owner as defined in section 566.18, subdivision 3, the owner's agent, or a person acting under the owner's direction and control.

(d) "Tenant" has the meaning given in section 566.18, subdivision 2.

Subd. 2. [EMERGENCY CALLS PERMITTED.] (a) A landlord may not:

(1) bar or limit a tenant's right to call for police or emergency assistance in response to domestic abuse or any other conduct; or

(2) impose a penalty on a tenant for calling for police or emergency assistance in response to domestic abuse or any other conduct.

(b) A tenant may not waive and a landlord may not require the tenant to waive the tenant's right to call for police or emergency assistance.

Subd. 3. [LOCAL PREEMPTION.] This section preempts any inconsistent local ordinance or rule including, without limitation, any ordinance or rule that:

(1) requires an eviction after a specified number of calls by a tenant for police or emergency assistance in response to domestic abuse or any other conduct; or

(2) provides that calls by a tenant for police or emergency assistance in response to domestic abuse or any other conduct may be used to penalize or charge a fee to a landlord.

This subdivision shall not otherwise preempt any local ordinance or rule that penalizes a landlord for, or requires a landlord to abate, conduct on the premises that constitutes a nuisance or other disorderly conduct as defined by local ordinance or rule.

Subd. 4. [TENANT RESPONSIBILITY.] This section shall not be construed to condone or permit any breach of a lease or of law by a tenant including, but not limited to, disturbing the peace and quiet of other tenants, damage to property, and disorderly conduct.

Subd. 5. [TENANT REMEDIES.] A tenant may bring a civil action for a violation of this section and recover from the landlord $250 or actual damages, whichever is greater, and reasonable attorney's fees.

Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney general has authority under section 8.31 to investigate and prosecute violations of this section.

Sec. 2. [EFFECTIVE DATE.]

We request adoption of this report and repassage of the bill.

House Conferees: Michael Paymar, Andy Dawkins and Peg Larsen.

Senate Conferees: Dave Johnson, David J. Ten Eyck and Mark Ourada.

Paymar moved that the report of the Conference Committee on H. F. No. 686 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 686, A bill for an act relating to landlord and tenant; prohibiting landlords from penalizing tenants solely for seeking police or emergency assistance; superseding inconsistent local regulation; authorizing the attorney general to investigate and prosecute violations; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 504.

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

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

Those who voted in the affirmative were:

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

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

Leighton and Paymar moved to amend S. F. No. 1807 as follows:

Page 2, line 31, before "correctional" insert "state"

Page 3, line 12, before "correctional" insert "state"

Amend the title as follows:

Page 1, line 4, before "correctional" insert "state"

The motion prevailed and the amendment was adopted.

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

The bill was read for the 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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

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

S. F. Nos. 442, 1316, 244, 995, 868, 435, 590, 473, 1136, 91, 338, 256 and 97.

S. F. No. 442, A bill for an act relating to utilities; modifying provisions relating to municipal utilities, cooperative electric cooperatives, and natural gas pipelines; regulating use of public rights-of-way by telecommunications carriers; creating task force; requiring rulemaking; amending Minnesota Statutes 1996, sections 237.04; 237.16, subdivision 1; and 237.74, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 237; and 238; repealing Minnesota Statutes 1996, section 237.163, subdivision 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 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Knight	Krinkie	Olson, M.

The bill was passed and its title agreed to.

S. F. No. 1316 was reported to the House.

Greiling moved to amend S. F. No. 1316 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 15.059, subdivision 5, is amended to read:

June 30, 1993, unless specified by other law. An advisory council or committee created established by law and in existence after June 30, 1993 1997, expires on the date specified in the law creating establishing the group or on June 30, 1997 2001, whichever is sooner. This expiration provision subdivision applies whether or not the law creating establishing the group provides that the group is governed by this section.

Sec. 2. Minnesota Statutes 1996, section 15.059, is amended by adding a subdivision to read:

Subd. 5a. [NO EXPIRATION.] Notwithstanding subdivision 5, the advisory councils and committees listed in this subdivision do not expire June 30, 1997. These groups expire June 30, 2001, unless the law creating the group specifies an earlier expiration date.

Dairy producers board, created in section 17.76;

Workers' compensation self-insurers' advisory committee, created in section 79A.02;

Mineral coordinating committee, created in section 93.002;

Solid waste management advisory council, created in section 115A.12;

Nuclear waste council, created in section 116C.711;

Desegregation/integration advisory board, created in section 121.1601;

Nonpublic education council, created in section 123.935;

Permanent school fund advisory committee, created in section 124.078;

Multicultural education advisory committee, created in section 126.82;

Higher education advisory council, created in section 136A.031;

Student advisory council, created in section 136A.031;

Council on vocational technical education, created in section 136F.56;

School bus safety advisory committee, created in section 169.435;

Advisory council on workers' compensation, created in section 175.007;

Medical services review board, created in section 176.103;

Rehabilitation advisory council for the blind, created in section 248.10;

Medical assistance drug formulary committee, created in section 256B.0625;

Home care advisory committee, created in section 256B.071;

Preadmission screening, alternative care, and home and community-based services advisory committee created in section 256B.0911;

Traumatic brain injury advisory committee, created in section 256B.093;

Minnesota commission serving deaf and hard-of-hearing people, created in section 256C.28;

American Indian child welfare advisory council, created in section 257.3579;

Sec. 3. Minnesota Statutes 1996, section 15.0597, subdivision 2, is amended to read:

Subd. 2. [COLLECTION OF DATA.] The chair of an existing agency, or the appointing authority for the members of a newly created agency, shall provide the secretary, on forms prepared and distributed by the secretary, with the following data pertaining to that agency:

(1) the name of the agency, its mailing address, and telephone number;

(2) the legal authority for the creation of the agency and the name of the person appointing agency members;

(3) the powers and duties of the agency;

(4) the number of authorized members, together with any prescribed restrictions on eligibility such as employment experience or geographical representation;

(5) the dates of commencement and expiration of the membership terms and the expiration date of the agency, if any;

(6) the compensation of members, and appropriations or other funds available to the agency;

(7) the regular meeting schedule, if any, and approximate number of hours per month of meetings or other activities required of members;

(8) the roster of current members, including mailing addresses and telephone numbers; and

(9) a breakdown of the membership showing distribution by county, legislative district, and congressional district, and, only if the member has voluntarily supplied the information, the sex, political party preference or lack thereof of party preference, race, and national origin of the members.

The secretary may provide for the submission of data in accordance with this subdivision by electronic means. The publication requirement under clause (8) may be met by publishing a member's home or business address and telephone number, the address and telephone number of the agency to which the member is appointed, the member's electronic mail address, if provided, or any other information that would enable the public to communicate with the member.

Sec. 4. Minnesota Statutes 1996, section 15.0597, subdivision 3, is amended to read:

Subd. 3. [PUBLICATION OF AGENCY DATA.] The secretary of state shall provide for annual updating of the required data and shall annually arrange for the publication in the state register of the compiled data from all agencies on or about November October 15 of each year. Copies of the compilation shall must be delivered to the governor and the legislature. Copies of the compilation shall must be made available by the secretary to any interested person at cost, and copies shall must be available for viewing by interested persons. The chair of an agency who does not submit data required by this section or who does not notify the secretary of a vacancy in the agency, shall is not be eligible for a per diem or expenses in connection with agency service until December 1 of the following year.

Sec. 5. Minnesota Statutes 1996, section 15.0599, subdivision 1, is amended to read:

Subdivision 1. [APPLICABILITY.] For purposes of this section, "agency" means:

(1) a state board, commission, council, committee, authority, task force, including an advisory task force established under section 15.014 or 15.0593, other multimember agency, however designated, established by statute or order and having statewide jurisdiction;

(3) a multimember body whose members are appointed by the legislature if the body has at least one nonlegislative member; and

(4) any other multimember body established by law with at least one appointed member, without regard to the appointing authority.

"Secretary" means the secretary of state.

Sec. 6. Minnesota Statutes 1996, section 15.0599, subdivision 4, is amended to read:

Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The appointing authority of a newly established agency shall provide the secretary with the following information:

(1) the name, mailing address, and telephone number of the agency;

(2) the legal authority for the establishment of the agency and the name and the title of the person or persons appointing agency members;

(3) the powers and duties of the agency and whether the agency, however designated, is best described by section 15.012, paragraph (a), (b), (c), (e), or (f);

(4) the number of authorized members, together with any prescribed restrictions on eligibility;

(5) the roster of current members, including mailing addresses and telephone numbers;

(6) a breakdown of the membership showing distribution by county, legislative district, and congressional district and compliance with any restrictions listed in accordance with clause (4);

(7) if any members have voluntarily provided the information, the sex, age, political preference or lack of preference, race, and national origin of those members;

(8) the dates of commencement and expiration of membership terms and the expiration date of the agency, if any;

(9) the compensation of members and appropriations or other money available to the agency;

(10) the name of the state agency or other entity, if any, required to provide staff or administrative support to the agency;

(11) the regular meeting schedule, if any, and the approximate number of hours a month of meetings or other activities required of members; and

(12) a brief statement of the goal or purpose of the agency, along with a summary of what an existing agency has done, or what a newly established agency plans to do to achieve its goal or purpose.

The publication requirement under clause (5) may be met by publishing a member's home or business address and telephone number, the address and telephone number of the agency to which the member is appointed, the member's electronic mail address, or any other information that would enable the public to communicate with the member.

(b) The chair of an existing agency shall provide information, covering the fiscal year in which it is registering, on the number of meetings it has held, its expenses, and the number of staff hours, if any, devoted to its support. The chair shall also, if necessary, update any of the information previously provided in accordance with paragraph (a).

Sec. 7. Minnesota Statutes 1996, section 15.0599, is amended by adding a subdivision to read:

Subd. 4a. [ELIGIBILITY FOR COMPENSATION.] The members of an agency that submits all the information required by this section by the prescribed deadlines are eligible to receive compensation, but no compensation, including reimbursement for expenses, may be paid to members of an agency not in compliance with this section. If an agency has not submitted all required information by its applicable deadline, the secretary shall notify the agency that it is not in compliance and that it has 30 days from the date of the notice to achieve compliance. If the agency is out of compliance at the end of the 30-day period, the secretary shall notify the commissioner of finance that members of the agency are not entitled to compensation. If the agency subsequently complies with this section, the secretary shall notify the commissioner that the agency's members are eligible for compensation from the date of compliance. No retroactive compensation may be paid, however, for any period during which the agency was out of compliance.

Sec. 8. Minnesota Statutes 1996, section 15.0599, subdivision 5, is amended to read:

Subd. 5. [REPORTING BY SECRETARY.] By August October 15 of each year, the secretary shall furnish copies and a summary of the information collected under subdivision 4 to the legislative reference library.

Sec. 9. Minnesota Statutes 1996, section 15.0599, is amended by adding a subdivision to read:

Subd. 6. [ELECTRONIC PUBLICATION.] Any material that under sections 15.0597 to 15.0599 is required to be published in the State Register may instead be published on the World Wide Web.

Sec. 10. Minnesota Statutes 1996, section 16B.42, subdivision 1, is amended to read:

Subdivision 1. [COMPOSITION.] The intergovernmental information systems advisory council is composed of (1) two members from each of the following groups: counties outside of the seven-county metropolitan area, cities of the second and third class outside the metropolitan area, cities of the second and third class within the metropolitan area, and cities of the fourth class; (2) one member from each of the following groups: the metropolitan council, an outstate regional body, counties within the metropolitan area, cities of the first class, school districts in the metropolitan area, school districts outside the metropolitan area, and public libraries; (3) one member each appointed by the state departments of children, families, and learning, human services, revenue, and economic security, the office of strategic and long-range planning, and the legislative auditor; (4) one member from the office of the state auditor, appointed by the auditor; (5) the assistant commissioner of administration for the information policy office; (6) one member appointed by each of the following organizations: league of Minnesota cities, association of Minnesota counties, Minnesota association of township officers, and Minnesota association of school administrators; and (7) one member of the house of representatives appointed by the speaker and one member of the senate appointed by the subcommittee on committees of the committee on rules and administration. The legislative members appointed under clause (7) are nonvoting members. The commissioner of administration shall appoint members under clauses (1) and (2). The terms, compensation, and removal of the appointed members of the advisory council are as provided in section 15.059, but the council does not expire until June 30, 1997 2001.

Sec. 11. Minnesota Statutes 1996, section 17.136, is amended to read:

17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND MANURE MANAGEMENT ADVISORY COMMITTEE.]

(a) The commissioner of agriculture and the commissioner of the pollution control agency shall establish a feedlot and manure management advisory committee to identify needs, goals, and suggest policies for research, monitoring, and regulatory activities regarding feedlot and manure management. In establishing the committee, the commissioner shall give first consideration to members of the existing feedlot advisory group.

designees of the chairs. In addition, the department departments of agriculture, health, and natural resources, the pollution control agency, board of water and soil resources, soil and water conservation districts, the federal Soil Natural Resource Conservation Service, the association of Minnesota counties, and the Agricultural Stabilization and Conservation Farm Service Agency shall serve on the committee as ex officio nonvoting members.

(c) Persons who participated in activities of the feedlot advisory group existing on and before August 1, 1994, must be allowed to speak at proceedings of the advisory committee. These persons hold nonvoting status and are not eligible for reimbursement of expenses under paragraph (h).

(d) The advisory committee shall elect a chair and a vice-chair from its members. The department and the agency shall provide staff support to the committee.

(e) (d) The commissioner of agriculture and the commissioner of the pollution control agency shall consult with the advisory committee during the development of any policies, rules, or funding proposals or recommendations relating to feedlots or feedlot-related manure management.

(f) (e) The commissioner of agriculture shall consult with the advisory committee on establishing a list of manure management research needs and priorities.

(g) (f) The advisory committee shall advise the commissioners on other appropriate matters.

(h) (g) Nongovernment members of the advisory committee shall receive expenses, in accordance with section 15.059, subdivision 6. The advisory committee expires on June 30, 1997 2001.

Sec. 12. Minnesota Statutes 1996, section 17.49, subdivision 1, is amended to read:

Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner shall establish and promote a program of aquaculture in consultation with an advisory committee consisting of the University of Minnesota, the commissioner of natural resources, the commissioner of agriculture, representatives of the private aquaculture industry, and the chairs of the environment and natural resources committees of the house of representatives and senate. The advisory committee expires on June 30, 2001.

Sec. 13. Minnesota Statutes 1996, section 21.112, subdivision 2, is amended to read:

Subd. 2. [ADVISORY SEED POTATO CERTIFICATION TASK FORCE.] The commissioner may appoint an advisory seed potato certification task force. If the task force is appointed each member shall be a grower in Minnesota of certified seed potatoes. The task force shall expire, and the terms, compensation, and removal of members shall be as provided in section 15.059. The task force shall expire June 30, 2001.

Sec. 14. Minnesota Statutes 1996, section 28A.20, subdivision 2, is amended to read:

Subd. 2. [MEMBERSHIP.] (a) The food safety advisory committee consists of:

(1) the commissioner of agriculture;

(2) the commissioner of health;

(3) the executive director of the agricultural utilization resource institute or the director's designee;

(3) (4) a representative of the United States Food and Drug Administration;

(4) (5) a representative of the United States Department of Agriculture;

(5) (6) one person from the University of Minnesota knowledgeable in food and food safety issues; and

(6) (7) eight members appointed by the governor who are interested in food and food safety, of whom:

(ii) one person represents a statewide general farm organization;

(iii) one person represents a local food inspection agency; and

(iv) one person represents a food-oriented consumer group.

(b) Members shall serve without compensation. Members appointed by the governor shall serve four-year terms.

Sec. 15. Minnesota Statutes 1996, section 28A.20, is amended by adding a subdivision to read:

Subd. 6. [EXPIRATION.] This section expires on June 30, 2001.

Sec. 16. Minnesota Statutes 1996, section 31.95, subdivision 3a, is amended to read:

Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota grown organic product that is labeled "certified" must be certified by a designated certification organization.

(b) A certified organic product sold in this state must be certified by a designated certification organization or by a certification organization approved by the commissioner. Before approving a certification organization, the commissioner must seek the evaluation and recommendation of the Minnesota organic advisory task force.

(c) The commissioner shall appoint a Minnesota organic advisory task force composed of members of the organic industry to advise the commissioner on organic issues. Members of the task force may not be paid compensation or costs for expenses. The task force expires on June 30, 2001.

Sec. 17. Minnesota Statutes 1996, section 120.1701, subdivision 3, is amended to read:

Subd. 3. [STATE INTERAGENCY COORDINATING COUNCIL.] An interagency coordinating council of at least 17, but not more than 25 members is established, in compliance with Public Law Number 102-119, section 682. The members shall be appointed by the governor. Council members shall elect the council chair. The representative of the commissioner of children, families, and learning may not serve as the chair. The council shall be composed of at least five parents, including persons of color, of children with disabilities under age 12, including at least three parents of a child with a disability under age seven, five representatives of public or private providers of services for children with disabilities under age five, including a special education director, county social service director, and a community health services or public health nursing administrator, one member of the senate, one member of the house of representatives, one representative of teacher preparation programs in early childhood-special education or other preparation programs in early childhood intervention, at least one representative of advocacy organizations for children with disabilities under age five, one physician who cares for young children with special health care needs, one representative each from the commissioners of commerce, children, families, and learning, health, human services, and economic security, and a representative from Indian health services or a tribal council. Section 15.059, subdivisions 2 to 5, apply to the council. The council shall meet at least quarterly.

The council shall address methods of implementing the state policy of developing and implementing comprehensive, coordinated, multidisciplinary interagency programs of early intervention services for children with disabilities and their families.

The duties of the council include recommending policies to ensure a comprehensive and coordinated system of all state and local agency services for children under age five with disabilities and their families. The policies must address how to incorporate each agency's services into a unified state and local system of multidisciplinary assessment practices, individual intervention plans, comprehensive systems to find children in need of services, methods to improve public awareness, and assistance in determining the role of interagency early intervention committees.

Each year by June 1, the council shall recommend to the governor and the commissioners of children, families, and learning, health, human services, commerce, and economic security policies for a comprehensive and coordinated system.

Sec. 18. Minnesota Statutes 1996, section 124.48, subdivision 3, is amended to read:

Subd. 3. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota Indian scholarship committee is established. Members shall be appointed by the state board with the assistance of the Indian affairs council as provided in section 3.922, subdivision 6. Members shall be reimbursed for expenses as provided in section 15.059, subdivision 6. The state board shall determine the membership terms and duration of the committee, which expires no later than June 30, 1997 2007. The committee shall provide advice to the state board in awarding scholarships to eligible American Indian students and in administering the state board's duties regarding awarding of American Indian post-secondary preparation grants to school districts.

Sec. 19. Minnesota Statutes 1996, section 126.531, subdivision 3, is amended to read:

Subd. 3. Each committee shall be reimbursed for expenses according to section 15.059, subdivision 6. The state board shall determine the membership terms and the duration of each committee, which expire no later than June 30, 1997 2001.

Sec. 20. Minnesota Statutes 1996, section 161.1419, subdivision 8, is amended to read:

Subd. 8. [EXPIRATION.] The commission shall expire on June 30, 1997 2001.

Sec. 21. Minnesota Statutes 1996, section 175.008, is amended to read:

175.008 [CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.]

The commissioner shall appoint an 11 member advisory council on code enforcement. The terms, compensation, removal of council members, and expiration of the council are governed by section 15.059, except that the advisory council shall not expire before June 30, 1995 2001. The council shall advise the commissioner on matters within the council's expertise or under the regulation of the commissioner.

Sec. 22. Minnesota Statutes 1996, section 178.02, subdivision 2, is amended to read:

Subd. 2. [TERMS.] The council shall expire and the terms, compensation and removal of appointed members shall be as provided in section 15.059, except that the council shall not expire before June 30, 1995 2001.

Sec. 23. Minnesota Statutes 1996, section 182.656, subdivision 3, is amended to read:

Subd. 3. A majority of the council members constitutes a quorum. The council shall meet at the call of its chair, or upon request of any six members. A tape recording of the meeting with the tape being retained for a one-year period will be available upon the request and payment of costs to any interested party. The council shall expire and the terms, compensation, and removal of members shall be as provided in section 15.059, except that the council shall not expire before June 30, 1995 2001.

Sec. 24. Minnesota Statutes 1996, section 245.697, subdivision 1, is amended to read:

Subdivision 1. [CREATION.] A state advisory council on mental health is created. The council must have 30 members appointed by the governor in accordance with federal requirements. The council must be composed of:

(1) the assistant commissioner of mental health for the department of human services;

(2) a representative of the department of human services responsible for the medical assistance program;

(3) one member of each of the four core mental health professional disciplines (psychiatry, psychology, social work, nursing);

(5) providers of mental health services;

(6) consumers of mental health services;

(7) family members of persons with mental illnesses;

(8) legislators;

(9) social service agency directors;

(10) county commissioners; and

(11) other members reflecting a broad range of community interests, as the United States Secretary of Health and Human Services may prescribe by regulation or as may be selected by the governor.

The council shall select a chair. Terms, compensation, and removal of members and filling of vacancies are governed by section 15.059. The council does not expire as provided in section 15.059. Notwithstanding provisions of section 15.059, the council and its subcommittees do not expire. The commissioner of human services shall provide staff support and supplies to the council.

Sec. 25. Minnesota Statutes 1996, section 254A.035, subdivision 2, is amended to read:

Subd. 2. [MEMBERSHIP TERMS, COMPENSATION, REMOVAL AND EXPIRATION.] The membership of this council shall be composed of 17 persons who are American Indians and who are appointed by the commissioner. The commissioner shall appoint one representative from each of the following groups: Red Lake Band of Chippewa Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; and two representatives from the Minneapolis Urban Indian Community and two from the St. Paul Urban Indian Community. The terms, compensation, and removal of American Indian advisory council members shall be as provided in section 15.059. The council expires June 30, 1997 2001.

Sec. 26. Minnesota Statutes 1996, section 254A.04, is amended to read:

254A.04 [CITIZENS ADVISORY COUNCIL.]

There is hereby created an alcohol and other drug abuse advisory council to advise the department of human services concerning the problems of alcohol and other drug dependency and abuse, composed of ten members. Five members shall be individuals whose interests or training are in the field of alcohol dependency and abuse; and five members whose interests or training are in the field of dependency and abuse of drugs other than alcohol. The terms, compensation and removal of members shall be as provided in section 15.059. The council expires June 30, 1997 2001. The commissioner of human services shall appoint members whose terms end in even-numbered years. The commissioner of health shall appoint members whose terms end in odd-numbered years.

Sec. 27. Minnesota Statutes 1996, section 611A.71, subdivision 7, is amended to read:

Subd. 7. [EXPIRATION.] The council expires on June 30, 1997 1998.

Sec. 28. Laws 1995, chapter 43, section 1, is amended to read:

Section 1. [REINSTATEMENT OF ADVISORY COUNCILS.]

expire June 30, 1999. These groups are subject to the expiration date in Minnesota Statutes, section 15.059, subdivision 5 and the acupuncture advisory council established by Minnesota Statutes, section 147B.05, are subject to review by the 1999 legislature.

Sec. 29. [EFFECTIVE DATE.]

Sections 1 to 28 are effective June 30, 1997."

Delete the title and insert:

"A bill for an act relating to state agencies; multimember agencies; changing certain publication dates and requirements; modifying registration requirements; changing the expiration date for certain multimember agencies; amending Minnesota Statutes 1996, sections 15.059, subdivision 5, and by adding a subdivision; 15.0597, subdivisions 2 and 3; 15.0599, subdivisions 1, 4, 5, and by adding subdivisions; 16B.42, subdivision 1; 17.136; 17.49, subdivision 1; 21.112, subdivision 2; 28A.20, subdivision 2, and by adding a subdivision; 31.95, subdivision 3a; 120.1701, subdivision 3; 124.48, subdivision 3; 126.531, subdivision 3; 161.1419, subdivision 8; 175.008; 178.02, subdivision 2; 182.656, subdivision 3; 245.697, subdivision 1; 254A.035, subdivision 2; 254A.04; and 611A.71, subdivision 7; Laws 1995, chapter 43, section 1."

The motion prevailed and the amendment was adopted.

Greiling moved to amend S. F. No. 1316, as amended, as follows:

Delete sections 12 to 15

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Greiling moved to amend S. F. No. 1316, as amended, as follows:

Page 2, after line 9, insert:

"Investment advisory council, created in section 11A.08;

Intergovernmental information systems council, created in section 16B.42;

Feedlot and manure management advisory committee, created in section 17.136;"

Page 2, after line 10, insert:

"Minnesota organic advisory task force, created in section 31.95;

Health technology advisory committee, created in section 62J.15;

Public programs risk adjustment work group, created in section 62Q.03, expires June 30, 1999;"

Page 2, after line 12, insert:

Voyageurs national park citizens council, created in section 84B.11;

Iron range off-highway vehicle advisory committee, created in section 85.013;"

Page 2, after line 13, insert:

"Game and fish fund citizen advisory committees, created in section 97A.055;

Wetland heritage advisory committee, created in section 103G.2242;

Wastewater treatment technical advisory committee, created in section 115.54;"

Page 2, after line 16, insert:

"Genetically engineered organism advisory committee, created in section 116C.93;

Environment and natural resources trust fund advisory committee, created in section 116P.06;

Child abuse prevention advisory council, created in section 119A.13;

Chemical abuse and violence prevention council, created in section 119A.27;

Youth neighborhood services advisory board, created in section 119A.29;

Interagency coordinating council, created in section 120.1701;"

Page 2, line 19, before the semicolon insert ", does not expire"

Page 2, after line 21, insert:

"Indian scholarship committee, created in section 124.48;

American Indian education committees, created in section 126.531;

Summer scholarship advisory committee, created in section 126.56;"

Page 2, after line 23, insert:

"Male responsibility and fathering grants review committee, created in section 126.84;

Library for the blind and physically handicapped advisory committee, created in section 134.31;"

Page 2, delete lines 27 and 28 and insert:

"Cancer surveillance advisory committee, created in section 144.672;

Maternal and child health task force, created in section 145.881;

State community health advisory committee, created in section 145A.10;

Physical therapy council, created in section 148.67;

Cosmetology advisory council, created in section 155A.06;

Page 2, after line 32, insert:

"Code enforcement advisory council, created in section 175.008;"

Page 2, after line 33, insert:

"Apprenticeship advisory council, created in section 178.02;

OSHA advisory council created in section 182.656;

Physician assistant advisory council, created under section 214.13 or under section 147A.27;

Respiratory care advisory council, created under section 214.13;

Health professionals services program advisory committee, created in section 214.32;

Mental health advisory council, created in section 245.697;

Page 2, after line 35, insert:

"American Indian advisory council, created in section 254A.035;

Alcohol and other drug abuse advisory council, created in section 254A.04;"

Page 3, after line 11, insert:

"Juvenile justice advisory committee, created in section 268.29;

Northeast Minnesota economic development fund technical advisory committees, created in section 298.2213;

Iron range higher education committee, created in section 298.2214;

Northeast Minnesota economic protection trust fund technical advisory committee, created in section 298.297;"

Page 3, line 13 delete the period and insert:

"Sexual assault advisory council, created in section 611A.25;

Battered women's advisory council, created in section 611A.34;

General crime victims advisory council, created in section 611A.361, expires June 30, 1999;

Crime victim and witness advisory council, created in section 611A.71, expires June 30, 1999."

Page 11, after line 30, insert:

"Sec. 17. Minnesota Statutes 1996, section 62Q.03, subdivision 5a, is amended to read:

(b) The commissioners of health and human services shall jointly convene a public programs risk adjustment work group responsible for advising the commissioners in the design of the public programs risk adjustment system. The public programs risk adjustment work group is governed by section 15.059 for purposes of membership terms and removal of members and shall terminate on June 30, 1999. The work group shall meet at the discretion of the commissioners of health and human services. The commissioner of health shall work with the risk adjustment association to ensure coordination between the risk adjustment systems for the public and private sectors. The commissioner of human services shall seek any needed federal approvals necessary for the inclusion of the medical assistance program in the public programs risk adjustment system.

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

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

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

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

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

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

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

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

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

Page 13, after line 28, insert:

Sec. 21. Minnesota Statutes 1996, section 126.56, subdivision 5, is amended to read:

Sec. 22. Minnesota Statutes 1996, section 134.31, subdivision 5, is amended to read:

Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall appoint an advisory committee of five members to advise the staff of the Minnesota library for the blind and physically handicapped on long-range plans and library services. Members shall be people who use the library. Section 15.059 governs this committee except that the committee shall expire on June 30, 1997 2001.

Sec. 23. Minnesota Statutes 1996, section 144.672, subdivision 1, is amended to read:

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

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

(1) the type of data to be reported;

(2) standards for reporting specific types of data;

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

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

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

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

Sec. 24. [147A.27] [PHYSICIAN ASSISTANT ADVISORY COUNCIL.]

Subdivision 1. [MEMBERSHIP.] The physician assistant advisory council 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, 2001.

Subd. 3. [DUTIES.] The council shall advise the board regarding:

(1) physician assistant registration standards;

(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 also perform other duties authorized for the council by chapter 214 as directed by the board."

Page 14, after line 23, insert:

"Sec. 28. Minnesota Statutes 1996, section 214.32, subdivision 1, is amended to read:

Subdivision 1. [MANAGEMENT.] (a) A health professionals services program committee is established, consisting of one person appointed by each participating board, with each participating board having one vote. The committee shall designate one board to provide administrative management of the program, set the program budget and the pro rata share of program expenses to be borne by each participating board, provide guidance on the general operation of the program, including hiring of program personnel, and ensure that the program's direction is in accord with its authority. No more than half plus one of the members of the committee may be of one gender.

(b) The designated board, upon recommendation of the health professional services program committee, shall hire the program manager and employees and pay expenses of the program from funds appropriated for that purpose. The designated board may apply for grants to pay program expenses and may enter into contracts on behalf of the program to carry out the purposes of the program. The participating boards shall enter into written agreements with the designated board.

(c) An advisory committee is established to advise the program committee consisting of:

(1) one member appointed by each of the following: the Minnesota Academy of Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine Association;

(2) one member appointed by each of the professional associations of the other professions regulated by a participating board not specified in clause (1); and

(3) two public members, as defined by section 214.02.

Members of the advisory committee shall be appointed for two years and members may be reappointed.

No more than half plus one of the members of the committee may be of one gender.

The advisory committee expires June 30, 1997 2001."

Page 16, line 25, delete "1998" and insert "1999"

Page 16, line 35, delete "1999" and insert "2001"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Osthoff moved to amend the third Greiling amendment to S. F. No. 1316, as amended, as follows:

Page 1, delete lines 19 and 20

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

Those who voted in the affirmative were:

Abrams	Erhardt	Kielkucki	Molnau	Rhodes	Tingelstad
Anderson, B.	Farrell	Koppendrayer	Mulder	Rifenberg	Tuma
Bettermann	Folliard	Kraus	Munger	Rostberg	Vickerman
Bishop	Gunther	Krinkie	Nornes	Seagren	Weaver
Boudreau	Haas	Leppik	Olson, M.	Sekhon	Westrom
Bradley	Harder	Lindner	Osthoff	Stanek	Wolf
Commers	Hausman	Macklin	Ozment	Stang
Daggett	Hilty	Mares	Pawlenty	Sviggum
Davids	Holsten	McElroy	Paymar	Swenson, D.
Dawkins	Jennings	McGuire	Pugh	Swenson, H.
Dempsey	Kahn	Milbert	Reuter	Sykora

Those who voted in the negative were:

Anderson, I.	Finseth	Kalis	Mahon	Peterson	Tunheim
Bakk	Garcia	Kelso	Marko	Rest	Van Dellen
Biernat	Goodno	Kinkel	McCollum	Rukavina	Wejcman
Broecker	Greenfield	Knight	Mullery	Schumacher	Wenzel
Carlson	Greiling	Knoblach	Murphy	Seifert	Westfall
Chaudhary	Hasskamp	Kubly	Ness	Skare	Winter
Clark	Huntley	Kuisle	Olson, E.	Skoglund	Workman
Dehler	Jaros	Larsen	Opatz	Slawik	Spk. Carruthers
Delmont	Jefferson	Leighton	Osskopp	Smith
Dorn	Johnson, A.	Lieder	Otremba	Solberg
Entenza	Johnson, R.	Long	Paulsen	Tomassoni
Evans	Juhnke	Luther	Pelowski	Tompkins

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

Rostberg moved to amend the third Greiling amendment to S. F. No. 1316, as amended, as follows:

Page 1, delete lines 21 and 22

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

Koppendrayer moved to amend the third Greiling amendment to S. F. No. 1316, as amended, as follows:

Page 3, delete lines 14 and 15

Pages 7 and 8, delete section 24

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

Leppik moved to amend the third Greiling amendment to S. F. No. 1316, as amended, as follows:

Page 1, lines 4, 6, 8, 11, 13, 15, 18, 20, and 22, before the semicolon insert "expires June 30, 1998"

Page 2, lines 1, 3, 5, 8, 10, 12, 14, 16, 18, 22, 24, 26, 29, 31, 34, and 36 before the semicolon insert "expires June 30, 1998"

Page 3, lines 2, 3, 4, 6, 9, 12, 13, 17, 19, 20, 23, 25, 28, 30, 32, and 34, before the semicolon insert "expires June 30, 1998"

Page 4, lines 1 and 3, after the semicolon insert "expires June 30, 1998"

Page 4, lines 5 and 7, delete "1999" and insert "1998"

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

The question recurred on the Greiling amendment, as amended, and the roll was called. There were 67 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Kahn	Mahon	Paymar	Trimble
Bakk	Garcia	Kalis	Mariani	Pelowski	Tunheim
Biernat	Greenfield	Kelso	Marko	Rest	Wagenius
Carlson	Greiling	Kinkel	McGuire	Rukavina	Wejcman
Chaudhary	Hausman	Koppendrayer	Milbert	Schumacher	Westrom
Clark	Hilty	Koskinen	Mullery	Sekhon	Winter
Dawkins	Huntley	Kubly	Murphy	Skare	Spk. Carruthers
Delmont	Jaros	Kuisle	Ness	Skoglund
Dorn	Jefferson	Larsen	Opatz	Slawik
Entenza	Johnson, A.	Leighton	Orfield	Solberg
Evans	Johnson, R.	Long	Otremba	Sykora
Farrell	Juhnke	Luther	Ozment	Tomassoni

Those who voted in the negative were:

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

The motion prevailed and the amendment, as amended, was adopted.

Haas and Osthoff moved to amend S. F. No. 1316, as amended, as follows:

Page 2, line 7, delete "2001" and insert "1998"

Page 10, lines 3 and 13, delete "2001" and insert "1998"

Page 11, line 30, delete "2001" and insert "1998"

Page 13, line 28, delete "2001" and insert "1998"

Page 14, line 12, delete "2001" and insert "1998"

Page 16, lines 5 and 18, delete "2001" and insert "1998"

Page 16, line 35, delete "1999" and insert "1998"

A roll call was requested and properly seconded.

Kahn raised a point of order pursuant to Section 398, paragraph 2, of "Mason's Manual of Legislative Procedure" relating to the decision on amendments as final. Speaker pro tempore Trimble ruled the point of order not well taken.

The question recurred on the Haas and Osthoff amendment and the roll was called. There were 69 yeas and 62 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

S. F. No. 1316, A bill for an act relating to state agencies; multimember agencies; changing certain publication dates and requirements; modifying registration requirements; changing the expiration date for certain multimember agencies; extending expiration dates for certain health-related advisory councils; extending certain advisory committees; exempting certain advisory councils and committees from expiration; setting expiration dates for certain advisory committees and commissions; adding a member to the food safety advisory committee; making technical changes; extending life of Mississippi river parkway commission to June 30, 2001; amending Minnesota Statutes 1996, sections 15.059, subdivision 5, and by adding a subdivision; 15.0597, subdivisions 2 and 3; 15.0599, subdivisions 1, 4, 5, and by adding a subdivision; 17.136; 17.49, subdivision 1; 18B.305, subdivision 3; 21.112, subdivision 2; 28A.20, subdivision 2, and by adding a subdivision; 31.95, subdivision 3a; 145.881, subdivision 1; 148.622, subdivision 3; 161.1419, subdivision 8; 214.32, subdivision 1; 245.697, subdivision 1; 254A.035, subdivision 2; and 254A.04; proposing coding for new law in Minnesota Statutes, chapters 15; and 147A.

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 107 yeas and 24 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Dehler	Marko	Olson, M.	Reuter	Van Dellen
Anderson, B.	Knight	McCollum	Osthoff	Rifenberg	Weaver
Boudreau	Krinkie	McElroy	Paulsen	Sviggum	Wenzel
Commers	Lindner	Molnau	Pawlenty	Tompkins	Westfall

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

Speaker pro tempore Trimble called Kalis to the Chair.

S. F. No. 244, A bill for an act relating to health; allowing physicians to prescribe and administer controlled substances in cases of intractable pain; proposing coding for new law in Minnesota Statutes, chapter 152.

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	Evans	Kahn	Mariani	Paymar	Swenson, D.
Anderson, B.	Farrell	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	Nornes	Seifert	Weaver
Daggett	Hilty	Larsen	Olson, E.	Sekhon	Wejcman
Davids	Holsten	Leighton	Olson, M.	Skare	Wenzel
Dawkins	Huntley	Leppik	Opatz	Skoglund	Westfall
Dehler	Jaros	Lindner	Orfield	Slawik	Westrom
Delmont	Jefferson	Long	Osskopp	Smith	Winter
Dempsey	Jennings	Luther	Otremba	Solberg	Wolf
Dorn	Johnson, A.	Macklin	Ozment	Stanek	Workman
Entenza	Johnson, R.	Mahon	Paulsen	Stang	Spk. Carruthers
Erhardt	Juhnke	Mares	Pawlenty	Sviggum

The bill was passed and its title agreed to.

S. F. No. 995 was reported to the House.

Kahn moved to amend S. F. No. 995 as follows:

Page 70, line 28, after "fire" insert "plan"

The motion prevailed and the amendment was adopted.

Kahn, Mares, Jefferson, Ozment, Smith and Murphy moved to amend S. F. No. 995, as amended, as follows:

Page 96, delete Article 10 and insert:

Section 1. Minnesota Statutes 1996, section 69.051, subdivision 1, is amended to read:

Subdivision 1. [FINANCIAL REPORT AND AUDIT.] The board of each salaried firefighters' and relief association, police relief association, and of each volunteer firefighters' relief association as defined in section 424A.001, subdivision 4, with assets of at least $200,000 or liabilities of at least $200,000, according to the most recent actuarial valuation or financial report if no valuation is required, shall:

generally accepted accounting principles and in compliance with the regulatory, financing and funding provisions of this chapter and any other applicable laws. The financial report shall be countersigned by the municipal clerk or clerk-treasurer of the municipality in which the relief association is located if the relief association is a firefighters' relief association which is directly associated with a municipal fire department or is a police relief association, or countersigned by the secretary of the independent nonprofit firefighting corporation and by the municipal clerk or clerk-treasurer of the largest municipality in population which contracts with the independent nonprofit firefighting corporation if the relief association is a subsidiary of an independent nonprofit firefighting corporation;

(b) (2) File the financial report in its office for public inspection and present it to the city council after the close of the fiscal year. One copy of the financial report shall be furnished to the state auditor after the close of the fiscal year; and

(c) (3) Submit to the state auditor audited financial statements which have been attested to by a certified public accountant, public accountant, or the state auditor within 180 days after the close of the fiscal year, except that the state auditor may upon request of a city and a showing of inability to conform, extend the deadline. The state auditor may accept this report in lieu of the report required in clause (b) (2).

Sec. 2. Minnesota Statutes 1996, section 69.051, subdivision 1a, is amended to read:

Subd. 1a. [FINANCIAL STATEMENT.] (a) The board of each volunteer firefighters' relief association and each independent nonprofit firefighting corporation, as defined in section 424A.001, subdivision 4, with assets of less than $200,000 and liabilities less than $200,000, according to the most recent financial report, shall:

(a) prepare a detailed statement of the financial affairs for the preceding fiscal year of the relief association's special and general funds in the style and form prescribed by the state auditor, for the preceding fiscal year showing all money received, with the sources, and respective amounts thereof. The detailed statement must show the sources and amounts of all money received; all disbursements for which orders have been drawn upon the treasurer; all, accounts payable; all and accounts receivable; the amount of money remaining in the treasury; total assets including a listing of all investments; the accrued liabilities; and all items necessary to show accurately the revenues and expenditures and financial position of the relief association;.

(b) The detailed financial statement required under paragraph (a) shall must be certified by an independent public accountant or auditor or by the auditor or accountant who regularly examines or audits the financial transactions of the municipality. In addition to certifying the financial condition of the special and general funds of the relief association, the accountant or auditor conducting the examination shall give an opinion as to the condition of the special and general funds of the relief association, and shall comment upon any exceptions to the report. The independent accountant or auditor shall have at least five years of public accounting, auditing, or similar experience, and shall not be an active, inactive, or retired member of the relief association or the fire or police department;.

(c) The detailed statement required under paragraph (a) shall must be countersigned by the municipal clerk or clerk-treasurer of the municipality, or, where applicable, by the secretary of the independent nonprofit firefighting corporation and by the municipal clerk or clerk-treasurer of the largest municipality in population which contracts with the independent nonprofit firefighting corporation if the relief association is a subsidiary of an independent nonprofit firefighting corporation;.

(d) The volunteer firefighters' relief association board must file the detailed statement required under paragraph (a) in the relief association office for public inspection and present it to the city council within 45 days after the close of the fiscal year;, and must

(e) submit within 90 days after the close of the fiscal year a copy of the detailed statement to the state auditor within 90 days of the close of the fiscal year.

Sec. 3. Minnesota Statutes 1996, section 69.051, subdivision 1b, is amended to read:

year state aid, and until the state auditor receives the required information, the relief or municipality will be ineligible to receive any future state aid. A municipality or police or firefighters' relief association shall not qualify initially to receive, or be entitled subsequently to retain, state aid pursuant to this chapter if the financial reporting requirement or the applicable requirements of this chapter or any other statute or special law have not been complied with or are not fulfilled.

Sec. 4. Minnesota Statutes 1996, section 356.219, is amended to read:

356.219 [DISCLOSURE OF ADDITIONAL PUBLIC PENSION PLAN INVESTMENT INFORMATION.]

Subdivision 1. [REPORT REQUIRED.] (a) Except as indicated in subdivision 4, the state board of investment on behalf of the public pension funds and programs for which it is the investment authority and any Minnesota public pension plan not wholly fully invested through the state board of investment, including a local police or firefighters' relief association governed by sections 69.77 or 69.771 to 69.775, shall report the information specified in subdivision 2 3 to the state auditor. The state auditor may prescribe a form or forms for the purposes of the reporting requirements contained in this section.

(b) A local police or firefighters' relief association governed by section 69.77 or sections 69.771 to 69.775 is fully invested during a given calendar year for purposes of this section if all assets of the applicable pension plan beyond sufficient cash equivalent investments to cover six months expected expenses are invested under section 11A.17. The board of any fully invested public pension plan remains responsible for submitting investment policy statements and subsequent revisions as required by subdivision 3, paragraph (a).

(c) For purposes of this section, the state board of investment is considered to be the investment authority for any Minnesota public pension fund required to be invested by the state board of investment under section 11A.23, or for any Minnesota public pension fund authorized to invest in the supplemental investment fund under section 11A.17 and which is fully invested.

Subd. 2. [ASSET CLASS DEFINITION.] (a) For purposes of this section, "asset class" means any of the following asset groupings as authorized in applicable law, by-laws, or articles of incorporation:

(1) cash and any cash equivalent investments with maturities of one year or less when issued;

(2) debt securities with maturities greater than one year when issued, including but not limited to mortgage participation certificates and pools, asset backed securities, guaranteed investment contracts, and authorized government and corporate obligations of corporations organized under laws of the United States or any state, or the Dominion of Canada or its provinces;

(3) stocks or convertible issues of any corporation organized under laws of the United States or any state, or the Dominion of Canada or its provinces, or any corporation listed on the New York Stock Exchange or the American Stock Exchange;

(4) international stocks or convertible issues;

(5) international debt securities; and

(6) real estate and venture capital.

(b) If the pension plan is investing under section 69.77, subdivision 2g, section 69.775, or other applicable law, in open-end investment companies registered under the federal Investment Company Act of 1940, or in the Minnesota supplemental investment fund under section 11A.17, this investment must be included under an asset class indicated in paragraph (a), clauses (1) through (6), as appropriate. If the investment vehicle includes underlying securities from more than one asset class as indicated by paragraph (a), clauses (1) through (6), the investment may be treated as a separate asset class.

Subd. 2 3. [CONTENT AND TIMING OF REPORTS.] (a) The following information shall be included in the report required by subdivision 1:

(2) regular payroll-based contributions to the fund

(3) other contributions and revenue paid into the fund, including, but not limited to, state or local non-payroll-based contributions, repaid refunds, and buybacks;

(4) total benefits paid to members;

(5) fees paid for investment management services;

(6) salaries and other administrative expenses paid; and

(7) total return on investment.

The report required by subdivision 1 must also include a written statement of the investment policy in effect on June 30, 1988, and 1997, if that statement has not been previously submitted. Following that date, subsequent reports must include any investment policy changes made subsequently and shall include the effective date of each policy change rather than a complete statement of investment policy, unless the state auditor requests submission of a complete current statement. The report must also include the information required by the following paragraphs, as applicable. The information required under this subdivision must be reported separately for each investment account or investment portfolio included in the pension fund.

(b) For public pension plans other than volunteer firefighters' relief associations governed by sections 69.77 or 69.771 to 69.775, the information specified in paragraph (a) must be provided separately for each quarter for the fiscal years of the pension fund ending during calendar years 1989 through 1991 and on a monthly basis thereafter. For volunteer firefighters' relief associations governed by sections 69.77 or 69.771 to 69.775, the information specified in paragraph (a) must be provided separately each quarter.

(c) Firefighters' relief associations that have assets with a market value of less than $300,000 must submit a written statement of their current investment policy on or before October 1, 1996, must report any subsequent investment policy changes, including the effective date of the change, within 90 days of the change, must begin collecting the required information under paragraph (a), clauses (1) to (7), on January 1, 1997, and must submit the required information to the state auditor on or before October 1, 1998, and subsequently within six months of the end of each fiscal year. Other associations must submit the required information through fiscal year 1993 to the state auditor on or before October 1, 1994, and subsequently within six months of the end of each fiscal year.

(b) If a public pension plan has a total market value of $10 million or more as of the beginning of the calendar year, the report required by subdivision 1 must include the market value of the total portfolio and the market value of each investment account, investment portfolio, or asset class included in the pension fund as of the beginning of the calendar year and for each month, and the amount and date of each injection and withdrawal to the total portfolio and to each investment account, investment portfolio, or asset class. If a public pension plan once files a report under this paragraph, it must continue reporting under this paragraph for any year in which the public pension plan is not fully invested as specified in subdivision 1, paragraph (b), even if asset values drop below $10 million in market value in a subsequent year.

(c) For public pension plans to which paragraph (b) applies, the report required by subdivision 1 must also include a calculation of the total time-weighted rate of return available from index-matching investments assuming the asset class performance targets and target asset mix indicated in the written statement of investment policy. The provided information must include a description of indices used in the analyses and an explanation of why those indices are appropriate. This paragraph does not apply to any fully invested plan, as defined by subdivision 1, paragraph (b). Reporting by the state board of investment under this paragraph is limited to information on the Minnesota public pension plans required to be invested by the state board of investment under section 11A.23.

(e) Any public pension plan reporting under paragraph (b) or (d) may include computed time-weighted rates of return with the report, in addition to all other required information, as applicable. If returns are supplied, the individual who computed the returns must certify that the returns are net of all costs and fees, including investment management fees, and that the procedures used to compute the returns are consistent with bank administration institute studies of investment performance measurement and association of investment management and research presentation standards.

(f) For public pension plans reporting under paragraph (d), the public pension plan must retain information specifying the date and amount of each injection and withdrawal to each investment account and investment portfolio. The public pension plan must also retain the market value of each investment account and investment portfolio at the beginning of the calendar year and for each quarter. Information that is required to be collected and retained for any given year or years under this paragraph must be submitted to the office of the state auditor if the office of the state auditor requests in writing that the information be submitted by a public pension plan or plans, or be submitted by the state board of investment for any plan or plans for which the state board of investment is the investment authority under this section. If the state auditor requests information under this subdivision, and the public plan fails to comply, the pension plan will be subject to penalties under subdivision 5, unless penalties are waived by the state auditor under that subdivision.

Subd. 4. [ALTERNATIVE REPORTING; CERTAIN PLANS.] In lieu of requirements in subdivision 3, the applicable administration for the individual retirement account plans under chapters 354B and 354D and for the university of Minnesota faculty retirement plan shall submit computed time-weighted rates of return to the office of the state auditor. These time-weighted rates of return must cover the most recent complete calendar year, and must be computed for each investment option available to plan members. To the extent feasible, the returns must be computed net of all costs, fees, and charges, so that the computed return reflects the net time-weighted return available to the investor. If this is not practical, the existence of any remaining cost, fee, or charge which could further lower the net return must be disclosed. The procedures used to compute the returns must be consistent with bank administration institute studies of investment performance measurement and association of investment management and research presentation standards, or, if applicable, securities exchange commission requirements. The individual who computes the returns must certify that the supplied returns comply with this subdivision. The applicable plan administrator must also submit, with the return information, the total amounts invested by the plan members, in aggregate, in each investment option as of the last day of the calendar year.

Subd. 3 5. [PENALTY FOR NONCOMPLIANCE.] Failure to comply with the reporting requirements of this section shall result in a withholding of all state aid or state appropriation to which the pension plan may otherwise be directly or indirectly entitled until the pension plan has complied with the reporting requirements. The state auditor shall instruct the commissioners of revenue and finance to withhold state aid or state appropriation from any pension plan that fails to comply with the reporting requirements contained in this section, until the pension plan has complied with the reporting requirements. The state auditor may waive the withholding of state aid or state appropriations if the state auditor determines in writing that compliance would create an excessive hardship.

The state auditor shall agree to waive the withholding of all state aid required by this subdivision for a volunteer firefighters' relief association governed by sections 69.77 or 69.771 to 69.775 if:

(1) the relief association certifies to the state auditor that the financial records necessary to comply with this reporting requirement for the fiscal years of the pension fund ending during calendar years 1991 to 1993 no longer exist; or

(2) the state auditor determines that reconstructing historical financial data for the fiscal years of the pension fund ending during calendar years 1991 to 1993 would create an excessive hardship for the relief association.

Subd. 4 6. [INVESTMENT DISCLOSURE REPORT.] Using the information provided under subdivision 2, (a) The state auditor shall prepare an annual report to the legislature on the components of investment performance resulting from stages in the investment decision making process of the various public pension plans subject to this section. The content of the report is specified in paragraphs (b) to (e).

(c) For each public pension plan reporting under subdivision 3, paragraph (d), the state auditor shall compute and report total portfolio time-weighted rates of return, net of all costs and fees. If the state auditor has requested data for a plan under subdivision 3, paragraph (f), the state auditor may also compute and report asset class time-weighted rates of return, net of all costs and fees.

(d) The report by the state auditor must include the information submitted by the pension plans under subdivision 3, paragraph (c), or a synopsis of that information.

(e) The report by the state auditor may also include a presentation of multi-year performance, information collected under subdivision 4, and any other information or analysis deemed appropriate by the state auditor. The state auditor may contract with a qualified consultant or consulting firm to perform the analysis and prepare the report required under this subdivision.

Subd. 5 7. [EXPENSE OF REPORT.] All expenses incurred relating to the investment disclosure report by the state auditor described in subdivision 4 6 must be borne by the office of the state auditor and may not be charged back to the entities described in subdivision subdivisions 1 or 4.

Subd. 8. [TIMING OF REPORTS.] (a) For salaried firefighter relief associations, police relief associations, and volunteer firefighter relief associations, the information required under this section must be submitted by the due date for reports required under section 69.051, subdivision 1 or 1a, as applicable. If a relief association satisfies the definition of a fully invested plan under subdivision 1, paragraph (b), for the calendar year covered by the report required under section 69.051, subdivision 1 or 1a, as applicable, the chief administrative officer of the covered pension plan shall certify compliance on a form prescribed by the state auditor. The state auditor shall transmit annually to the state board of investment a list or lists of covered pension plans which submitted certifications, in order to facilitate reporting by the state board of investment under paragraph (c) of this subdivision.

(b) For the Minneapolis teachers retirement fund association, the St. Paul teachers retirement fund association, the Duluth teachers retirement fund association, the Minneapolis employees retirement fund, the University of Minnesota faculty supplemental retirement plan, and the applicable administrators for the University of Minnesota faculty retirement plan and the individual retirement account plans under chapter 354B and 354D, the information required under this section must be submitted to the state auditor by June 1 of each year.

(c) The state board of investment, on behalf of pension funds specified in subdivision 1, paragraph (c), must report information required under this section by September 1 of each year.

Sec. 5. Minnesota Statutes 1996, section 424A.02, subdivision 10, is amended to read:

Subd. 10. [LOCAL APPROVAL OF BYLAW AMENDMENTS; FILING REQUIREMENTS.] (a) Each relief association to which this section applies shall file a revised copy of its governing bylaws with the commissioner of commerce state auditor upon the adoption of any amendment to its governing bylaws by the relief association or upon the approval of any amendment to its governing bylaws granted by the governing body of each municipality served by the fire department to which the relief association is directly associated. Failure of the relief association to file a copy of the bylaws or any bylaw amendments with the commissioner of commerce state auditor shall disqualify the municipality from the distribution of any future fire state aid until this filing requirement has been completed.

(c) If the relief association pays only a lump sum pension, the financial requirements are to be determined by the board of trustees following the preparation of an estimate of the expected increase in the accrued liability and annual accruing liability of the relief association attributable to the change. If the relief association pays a monthly benefit service pension, the financial requirements are to be determined by the board of trustees following either an updated actuarial valuation including the proposed change or an estimate of the expected actuarial impact of the proposed change prepared by the actuary of the relief association. If a relief association adopts or amends its articles of incorporation or bylaws without municipal ratification pursuant to this subdivision, and, subsequent to the amendment or adoption, the financial requirements of the special fund pursuant to this section are such so as to require financial support from the municipality, the provision which was implemented without municipal ratification shall no longer be effective without municipal ratification, and any service pensions or ancillary benefits payable after that date shall be paid only in accordance with the articles of incorporation or bylaws as amended or adopted with municipal ratification.

Sec. 6. [REVIEW OF LARGE PLAN REPORTING REQUIREMENTS.]

Prior to January 1, 1999, the state auditor shall report to the legislative commission on pensions and retirement with any recommendations for enhancing the consistency and utility of information provided by or on behalf of a public pension plan under section 356.219, subdivision 3, paragraph (c).

Sec. 7. [REPEALER.]

Minnesota Statutes, section 356.218, is repealed.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective January 1, 1998, except that no penalty for non-compliance with section 4 may be assessed on account of any failure to comply with reporting requirements of that section prior to January 1, 1999."

The motion prevailed and the amendment was adopted.

subdivision 4; Laws 1967, chapter 798, sections 2 and 4; Laws 1992, chapter 563, section 5, as amended; and Laws 1996, chapter 408, article 8, sections 21, 22, subdivision 1, and 24; repealing Minnesota Statutes 1996, section 356.218; Laws 1995, chapter 262, article 1, sections 8, 9, 10, 11, and 12.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

S. F. No. 868 was reported to the House.

Wejcman moved to amend S. F. No. 868 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 326.991, subdivision 1, is amended to read:

Subdivision 1. The license requirement under section 326.84 does not apply to a residential building contractor, residential remodeler, or specialty contractor licensed by the city of Minneapolis and who is performing work within the legal boundaries of that municipality.

This subdivision expires March 31, 2000 2005."

Delete the title and insert:

"A bill for an act relating to occupations; extending the sunset relating to state licensing of Minneapolis building contractors; amending Minnesota Statutes 1996, section 326.991, subdivision 1."

S. F. No. 868, A bill for an act relating to occupations; removing the sunset relating to state licensing of Minneapolis building contractors; amending Minnesota Statutes 1996, section 326.991, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The bill was not passed, as amended.

S. F. No. 435 was reported to the House.

Juhnke moved to amend S. F. No. 435 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 168.011, subdivision 25, is amended to read:

Subd. 25. [RECREATIONAL EQUIPMENT.] (a) "Recreational equipment" means travel trailers including those which telescope or fold down, chassis mounted campers, house cars, motor homes, tent trailers, slip in campers, and converted buses that provide temporary human living quarters. A vehicle is considered to provide temporary living quarters if it:

(1) is not used as the residence of the owner or occupant;

(2) is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; and

(b) For the purposes of this subdivision, a motor home means a unit designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van. A motor home must contain permanently installed independent life support systems which meet the American National Standards Institute standard number A119.2 for recreational vehicles and provide at least four of the following facilities, two of which must be from the systems listed in clauses (1), (5), and (6): (1) cooking facility with liquid propane gas supply, (2) refrigerator, (3) self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, (4) heating or air conditioning separate from the vehicle engine, (5) a potable water supply system including a sink with faucet either self-contained or with connections for an external source, and (6) separate 110-125 volt electrical power supply. For purposes of this subdivision, "permanently installed" means built into or attached as an integral part of a chassis or van, and designed not to be removed except for repair or replacement. A system which is readily removable or held in place by clamps or tie downs is not permanently installed.

(c) Motor homes include but are not limited to, the following:

(1) Type A Motor Home -- a raw chassis upon which is built a driver's compartment and an entire body that provides temporary living quarters as defined in this paragraph;

(2) Type B Motor Home -- a van-type vehicle that conforms to the motor home definition in this paragraph and has been completed or altered by the final stage manufacturer; and

(3) Type C Motor Home -- an incomplete vehicle upon which is permanently attached a body designed to provide temporary living quarters as defined in this paragraph.

(c) (d) Slip in campers are mounted into a vehicle commonly known as a pickup truck, in the pickup box, either by bolting through the floor of the pickup box or by firmly clamping to the side of the pickup box. The vehicle must may not be registered as a passenger automobile recreational vehicle.

Sec. 2. Minnesota Statutes 1996, section 168.345, subdivision 1, is amended to read:

Subdivision 1. [TELEPHONE INFORMATION.] Information concerning motor vehicle registrations shall not be furnished on the telephone to any person except the personnel of law enforcement agencies and the personnel of federal, state, and local governmental units motor vehicle and registration offices.

Sec. 3. Minnesota Statutes 1996, section 168A.11, subdivision 2, is amended to read:

Subd. 2. [PURCHASE RECEIPT.] A dealer, on buying a vehicle which is subject to an outstanding for which the owner does not present a certificate of title, shall at the time of taking delivery of the vehicle execute in triplicate a purchase receipt for the vehicle in a form designated by the department, and deliver one copy to the seller. Within 48 hours thereafter When a vehicle purchased by a dealer has not been resold after 21 days, the dealer shall mail, transmit, or deliver one copy of such the receipt to the department.

Sec. 4. Minnesota Statutes 1996, section 169.79, is amended to read:

169.79 [VEHICLE REGISTRATION.]

motor vehicle shall keep the plate legible and unobstructed and free from grease, dust, or other blurring material so that the lettering shall be plainly visible at all times. It is unlawful to cover any assigned letters and numbers or the name of the state of origin of a license plate with any material whatever, including any clear or colorless material that affects the plate's visibility or reflectivity. License plates issued to vehicles registered under section 168.017 must display the month of expiration in the lower left corner as viewed facing the plate and the year of expiration in the lower right corner as viewed facing the plate. License plates issued to vehicles registered under section 168.127 must display either fleet registration validation stickers in the lower right corner as viewed facing the plates or distinctive license plates, issued by the registrar, with "FLEET REG" embossed on the bottom center portion of the plate.

Sec. 5. Minnesota Statutes 1996, section 171.06, subdivision 4, is amended to read:

Subd. 4. [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.] Any applicant for an instruction permit, a driver's license, restricted license, or duplicate license may file an application with a court administrator of the district court or at a state office. The administrator or state office shall receive and accept the application. To cover all expenses involved in receiving, accepting, or forwarding to the department applications and fees, the court administrator of the district court may retain a county fee of $3.50 for each application for a Minnesota identification card, instruction permit, duplicate license, driver license, or restricted license. The amount allowed to be retained by the court administrator of the district court shall be paid into the county treasury and credited to the general revenue fund of the county. Before the end of the first working day following the final day of an established reporting period, the court administrator shall forward to the department all applications and fees collected during the reporting period, less the amount herein allowed to be retained for expenses. The court administrators of the district courts may appoint agents to assist in accepting applications, but the administrators shall require every agent to forward to the administrators by whom the agent is appointed all applications accepted and fees collected by the agent, except that an agent shall retain the county fee to cover the agent's expenses involved in receiving, accepting or forwarding the applications and fees. The court administrators shall be responsible for the acts of agents appointed by them and for the forwarding to the department of all applications accepted and those fees collected by agents and by themselves as are required to be forwarded to the department. The commissioner shall suspend or revoke the appointment of a license agent or issue a correction order to a license agent who violates any requirement of this section or when grounds exist that would justify revocation or suspension of a deputy registrar appointment under Minnesota Rules, parts 7406.0800 to 7406.1000. To revoke or suspend an appointment, the commissioner shall follow procedures for suspension and revocation hearings set forth in Minnesota Rules, parts 7406.1100 to 7406.2600.

Sec. 6. [171.061] [DRIVER'S LICENSE AGENTS.]

Subdivision 1. [DEFINITIONS.] For purposes of this section:

(1) "applicant" means an individual applying for a driver's license, restricted license, duplicate license, instruction permit, Minnesota identification card, or motorized bicycle operator's permit; and

(2) "application" refers to an application for a driver's license, restricted license, duplicate license, instruction permit, Minnesota identification card, or motorized bicycle operator's permit.

Subd. 2. [APPOINTMENT AND DISCONTINUANCE.] (a) The commissioner of public safety may appoint an individual, and for cause discontinue the appointment of an agent, to serve as a driver's license agent.

(b) A county board may appoint an individual, and for cause discontinue the appointment of an agent, to serve as an agent, pursuant to sections 373.32 to 373.38, with the approval of the commissioner. If a county board does not discontinue an agent's appointment, although cause for discontinuance exists, the commissioner may discontinue the appointment. If a county board does not appoint an individual, the commissioner may establish an office and appoint an individual to accept applications as the public interest and convenience may require.

(c) The county board is responsible for the acts of an agent appointed by the board and for forwarding to the department all applications accepted and fees collected by the agent as required by the department.

Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and retain a filing fee of $3.50 for each application. Except as provided in paragraph (b), the fee shall cover all expenses involved in receiving, accepting, or forwarding to the department the applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 171.07, subdivisions 3 and 3a.

(b) An agent with photo identification equipment provided by the department before January 1, 1999, may retain the photo identification equipment until the agent's appointment terminates. The department shall maintain the photo identification equipment for these agents. An agent appointed before January 1, 1999, who does not have photo identification equipment provided by the department, and any new agent appointed after December 31, 1998, shall procure and maintain photo identification equipment. All photo identification equipment must be compatible with standards established by the department.

(c) A filing fee retained by the agent employed by a county board must be paid into the county treasury and credited to the general revenue fund of the county. An agent who is not an employee of the county shall retain the filing fee in lieu of county employment or salary and is considered an independent contractor for pension purposes, coverage under the Minnesota state retirement system, or membership in the public employees retirement association.

(d) Before the end of the first working day following the final day of the reporting period established by the department, the agent must forward to the department all applications and fees collected during the reporting period except as provided in paragraph (c).

Subd. 5. [DISCONTINUANCE OR TRANSFER OF APPOINTMENT.] (a) An agent shall notify the department no less than 30 days before the discontinuance of service.

(b) In the event of the notice specified in paragraph (a), death or retirement of the agent, or revocation or discontinuance of the appointment of the agent by the county board or commissioner, the appointment terminates and all equipment provided by the department reverts to the department.

Subd. 6. [RULES.] The commissioner shall adopt rules that prescribe:

(1) criteria, procedures, and requirements for appointing an individual as an agent of the commissioner;

(2) criteria for establishment, operation, management, location, and movement of a license application office;

(3) standards for the uniform administration of laws and rules governing the receipt of applications and fees for applications;

(4) number of applications to be processed;

(5) standards for submitting applications including valid forms of identification, depositing funds, maintaining records, and holding proper bonds; and

(6) standards for discontinuing the individual's appointment and for enforcement action.

Subd. 7. [CORPORATIONS.] The appointment of any corporation as a driver's license agent expires January 1, 2009. A county board shall appoint, or the commissioner shall appoint if the county board declines to do so, an individual as successor to the corporation as a driver's license agent. The county board or commissioner shall appoint as the successor agent to a corporation whose appointment expires under this subdivision an officer of the corporation if the officer applies for appointment before July 1, 2009.

Sec. 7. Minnesota Statutes 1996, section 373.33, is amended to read:

373.33 [STATE LICENSES MAY BE ISSUED.]

processing of driver's license applications by a county license bureau is subject to the provisions of section 171.061. This authority does not include the issuance of marriage licenses. The county board may delegate the responsibility for the issuance of any county license or permit to the county license bureau.

Sec. 8. Minnesota Statutes 1996, section 373.35, subdivision 1, is amended to read:

Subdivision 1. [AUDITOR OR BOARD APPOINTEE.] The county auditor shall serve as the director of the county license bureau or, if the auditor chooses not to serve, the county board shall appoint any other county officer or employee, or any other person, to serve as the director upon the terms and conditions the county board deems advisable. The county board shall set the compensation of the director and may provide for the expenses of the office including the premium of any bond required to be furnished by the director. The director shall have the powers and duties imposed on the county officer who previously had the authority to issue or process the application for any license referred to in section 373.32.

Notwithstanding section 168.33, subdivision 2, the commissioner of public safety may appoint, and for cause discontinue, the director as the deputy registrar of motor vehicles in the county. If the director is a deputy registrar, all provisions of section 168.33 and Minnesota Rules, chapter 7406, apply to a county license bureau. If the director is a driver's license agent, section 171.061 and rules promulgated thereunder apply to the county license bureau director.

Sec. 9. [REAPPOINTMENT OF DRIVER'S LICENSE AGENTS.]

The appointment of a driver's license agent appointed before January 1, 1999, expires on January 1, 1999, unless the agent applies to the commissioner before that date for reappointment to serve as an agent under Minnesota Statutes, section 171.061, subdivision 2, paragraph (a) or (c). The commissioner shall reappoint any agent who applies under this section unless the commissioner determines that the applicant's performance as a driver's license agent would be grounds for discontinuance as an agent under the rules adopted under Minnesota Statutes, section 171.061, subdivision 6, clause (6).

Sec. 10. [TRANSITION.]

The court administrators of the district courts may not appoint an agent before January 1, 1999, under Minnesota Statutes, section 171.06, other than an agent appointed to replace or succeed an already existing agent.

Sec. 11. [REPEALER.]

Minnesota Statutes 1996, section 171.06, subdivision 4, is repealed.

Sec. 12. [EFFECTIVE DATE.]

Sections 5; 6, subdivisions 5 and 6; 7; 8; and 10, are effective the day following final enactment. Sections 6, subdivisions 1 to 4; and 11, are effective January 1, 1999."

Delete the title and insert:

"A bill for an act relating to motor vehicles; making technical change to clarify that pickup truck with slip in camper may be registered depending upon its weight; restricting telephonic access to certain information related to vehicle registration; allowing vehicle dealers 21 days to send purchase receipt to department of public safety if vehicle not sold; providing for display of fleet vehicle license plates; providing for driver's license agents; amending Minnesota Statutes 1996, sections 168.011, subdivision 25; 168.345, subdivision 1; 168A.11, subdivision 2; 169.79; 171.06, subdivision 4; 373.33; and 373.35, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Minnesota Statutes 1996, section 171.06, subdivision 4."

Milbert moved to amend S. F. No. 435, as amended, as follows:

Page 9, after line 31, insert:

"Sec. 11. [APPOINTMENT BY THE COMMISSIONER.]

Notwithstanding the effective date of section 6, subdivisions 1 to 4, the commissioner shall appoint as a driver's license agent an applicant that is an individual or corporation, and may for cause discontinue the appointment of an agent, if the applicant:

(1) is a deputy motor vehicle registrar, who is not a public official, operating in Dakota county;

(2) has operated for at least nine years the office at which the applicant will carry out the functions of a driver's license agent; and

(3) procures and maintains photo identification equipment satisfactory to the commissioner.

An agent appointed under this section is subject to section 9."

Page 9, line 36, delete "and 10," and insert "10; and 11,"

Page 10, line 2, delete "11" and insert "12"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Dehler and Juhnke moved to amend S. F. No. 435, as amended, as follows:

Page 4, after line 22, insert:

"Sec. 5. Minnesota Statutes 1996, section 171.05, subdivision 2a, is amended to read:

Subd. 2a. [PERMIT FOR SIX MONTHS.] (a) An applicant who has applied for and received an instruction permit pursuant to subdivision 2 must possess the instruction permit for not less than six months before qualifying for a driver's license.

(b) Until May 31, 1999, the commissioner may waive the six-month requirement of this subdivision for an applicant for a class D driver's license if:

(1) at least six months has elapsed since the applicant successfully completed the written examination requirement of the approved driver education program pursuant to subdivision 2; and

(2) the applicant subsequently obtained a permit and successfully completed all of the approved driver education program requirements before applying for the class D driver's license.

This paragraph is effective the day following final enactment and expires June 1, 1999."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

S. F. No. 435, A bill for an act relating to motor vehicles; making technical changes to clarify that pickup truck with slip in camper may be registered depending upon its weight; eliminating authority for the appointment of corporations as deputy registrars; restricting telephonic access to certain information related to vehicle registration; allowing vehicle dealers 21 days to send purchase receipt to department of public safety if vehicle not sold; providing for display of fleet vehicle license plates; removing sunset date relating to recreational vehicle combination length; providing for appointment, duties, and discontinuance of appointment of driver's license agents; requiring adoption of rules; amending Minnesota Statutes 1996, sections 168.011, subdivision 25; 168.16; 168.33, subdivision 2; 168.345, subdivision 1; 168A.11, subdivision 2; 169.79; 169.81, subdivision 3c; 171.06, subdivision 4; 373.33; and 373.35, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Minnesota Statutes 1996, section 171.06, subdivision 4.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

S. F. No. 590 was reported to the House.

Jennings moved to amend S. F. No. 590 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 116C.57, subdivision 2, is amended to read:

content, and timeliness of proposals for alternate routes provided, however, that the board shall identify the alternative routes prior to the commencement of public hearings thereon pursuant to section 116C.58. Within one year after the board's acceptance of a utility's application, the board shall decide in accordance with the criteria and standards specified in section 116C.55, subdivision 2, and the considerations specified in section 116C.57, subdivision 4, which proposed route is to be designated. The board may extend for just cause the time limitation for its decision for a period not to exceed 90 days. When the board designates a route, it shall issue a permit for the construction of a high voltage transmission line specifying the type, design, routing, right-of-way preparation and facility construction it deems necessary and with any other appropriate conditions. The board may order the construction of high voltage transmission line facilities which are capable of expansion in transmission capacity through multiple circuiting or design modifications. The board shall publish a notice of its decision in the state register within 30 days of issuance of the permit. No high voltage transmission line shall be constructed except on a route designated by the board, unless it was exempted pursuant to subdivision 5.

(b) The board shall have and assert jurisdiction over the routing and permitting of transmission lines less than 200 kilovolts and greater than 65 kilovolts and include such lines in a construction permit for a proposed high voltage transmission line if it determines that:

(1) the design and location of the transmission lines are directly affected by decisions the board makes with respect to the proposed high voltage transmission line;

(2) consideration of the transmission lines cannot be readily separated from the proposed high voltage transmission line; and

(3) separate consideration of the transmission lines from the proposed high voltage transmission line would result in significant impact to human settlement and the natural environment.

(c) The provisions of section 116C.61 apply to all transmission lines the board includes in a construction permit.

Sec. 2. Minnesota Statutes 1996, section 216B.2421, subdivision 2, is amended to read:

Subd. 2. [LARGE ENERGY FACILITY.] "Large energy facility" means:

(a) any electric power generating plant or combination of plants at a single site with a combined capacity of 80,000 kilowatts or more, or any facility of 50,000 kilowatts or more which requires oil, natural gas, or natural gas liquids as a fuel and for which an installation permit has not been applied for by May 19, 1977 pursuant to Minn. Reg. APC 3(a);

(b) any high voltage transmission line with a capacity of 200 kilovolts or more and with more than 50 miles of its length in Minnesota; or, any high voltage transmission line with a capacity of 300 kilovolts or more with more than 25 miles of its length in Minnesota; or any high voltage transmission line with a capacity of 200 kilovolts or more that crosses the Minnesota state boundary;

(c) any pipeline greater than six inches in diameter and having more than 50 miles of its length in Minnesota used for the transportation of coal, crude petroleum or petroleum fuels or oil or their derivatives;

(d) any pipeline for transporting natural or synthetic gas at pressures in excess of 200 pounds per square inch with more than 50 miles of its length in Minnesota;

(e) any facility designed for or capable of storing on a single site more than 100,000 gallons of liquefied natural gas or synthetic gas;

(f) any underground gas storage facility requiring permit pursuant to section 103I.681;

(g) any nuclear fuel processing or nuclear waste storage or disposal facility; and

Sec. 3. [EFFECT ON PENDING APPLICATIONS.]

(a) A utility that has filed an application for a permit under Minnesota Statutes, section 116C.57, subdivision 2, which is pending approval of the environmental quality board as of February 1, 1997, shall not be required to resubmit any previously accepted permit applications or to reinitiate ongoing permitting proceedings under that section as a result of the enactment of section 1.

(b) Proceedings under Minnesota Statutes, section 216B.243, for a certificate of need for a project that has a pending application for a permit under Minnesota Statutes, section 116C.57, subdivision 2, as of February 1, 1997, must be evaluated by the commission based on the criteria existing in law and commission rules as of the effective date of this section, with particular attention and emphasis given to the those criteria that address regional and interstate effects and benefits. These proceedings must not be delayed by any rulemaking the commission undertakes related to Minnesota Statutes, section 216B.243.

Sec. 4. [EFFECTIVE DATE.]

Section 2 is effective on the day following final enactment and applies to projects for which actual construction has not begun as of that date."

Delete the title and insert:

"A bill for an act relating to public utilities; providing for jurisdiction by environmental quality board for constructing transmission lines integral to a high voltage transmission line project; adding a high voltage transmission line that crosses the state boundary to the definition of a large energy facility; amending Minnesota Statutes 1996, sections 116C.57, subdivision 2; and 216B.2421, subdivision 2."

The motion prevailed and the amendment was adopted.

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

The bill was read for the 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 129 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Kalis	McElroy	Peterson	Sykora
Anderson, B.	Farrell	Kelso	McGuire	Pugh	Tingelstad
Anderson, I.	Finseth	Kielkucki	Milbert	Rest	Tomassoni
Bakk	Folliard	Kinkel	Molnau	Reuter	Tompkins
Bettermann	Garcia	Knoblach	Mulder	Rhodes	Trimble
Biernat	Goodno	Koppendrayer	Mullery	Rifenberg	Tuma
Bishop	Greenfield	Kraus	Munger	Rostberg	Tunheim
Bradley	Greiling	Krinkie	Murphy	Rukavina	Van Dellen
Journal of the House - 52nd Day - Top of Page 3617
Broecker	Gunther	Kubly	Ness	Schumacher	Vickerman
Carlson	Haas	Kuisle	Nornes	Seagren	Wagenius
Chaudhary	Harder	Larsen	Olson, E.	Seifert	Weaver
Clark	Hasskamp	Leighton	Olson, M.	Sekhon	Wejcman
Commers	Hausman	Leppik	Opatz	Skare	Wenzel
Daggett	Hilty	Lindner	Orfield	Skoglund	Westfall
Davids	Holsten	Long	Osskopp	Slawik	Westrom
Dawkins	Jaros	Luther	Osthoff	Smith	Winter
Dehler	Jefferson	Macklin	Otremba	Solberg	Wolf
Delmont	Jennings	Mahon	Ozment	Stanek	Workman
Dempsey	Johnson, A.	Mares	Paulsen	Stang	Spk. Carruthers
Dorn	Johnson, R.	Mariani	Pawlenty	Sviggum
Entenza	Juhnke	Marko	Paymar	Swenson, D.
Erhardt	Kahn	McCollum	Pelowski	Swenson, H.

Those who voted in the negative were:

	BoudreauKnight

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

S. F. No. 473 was reported to the House.

Greenfield moved to amend S. F. No. 473 as follows:

Pages 2 to 7, delete sections 2 and 3

Pages 8 and 9, delete section 8

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 473, A bill for an act relating to human services; eliminating the Medicare certification requirement for home care providers; increasing the annual payment to counties for detoxification transportation; amending Minnesota Statutes 1996, sections 144A.46, subdivision 2; 254A.17, subdivision 3; 256B.055, subdivision 12; and 256B.071, subdivisions 1, 3, and 4.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Juhnke	Mariani	Paymar	Swenson, H.
Anderson, B.	Evans	Kahn	Marko	Pelowski	Sykora
Anderson, I.	Farrell	Kalis	McCollum	Peterson	Tingelstad
Bakk	Finseth	Kelso	McElroy	Pugh	Tomassoni
Bettermann	Folliard	Kielkucki	McGuire	Reuter	Tompkins
Biernat	Garcia	Kinkel	Milbert	Rhodes	Trimble
Journal of the House - 52nd Day - Top of Page 3618
Bishop	Goodno	Knoblach	Molnau	Rifenberg	Tuma
Boudreau	Greenfield	Koppendrayer	Mullery	Rostberg	Tunheim
Bradley	Greiling	Koskinen	Munger	Rukavina	Van Dellen
Broecker	Gunther	Kraus	Murphy	Schumacher	Vickerman
Carlson	Haas	Krinkie	Ness	Seagren	Wagenius
Chaudhary	Harder	Kubly	Nornes	Seifert	Weaver
Clark	Hasskamp	Kuisle	Olson, E.	Sekhon	Wejcman
Commers	Hausman	Larsen	Olson, M.	Skare	Wenzel
Daggett	Hilty	Leighton	Opatz	Skoglund	Westfall
Davids	Holsten	Leppik	Orfield	Slawik	Westrom
Dawkins	Huntley	Lindner	Osskopp	Smith	Winter
Dehler	Jaros	Long	Osthoff	Solberg	Wolf
Delmont	Jefferson	Luther	Otremba	Stanek	Workman
Dempsey	Jennings	Macklin	Ozment	Stang	Spk. Carruthers
Dorn	Johnson, A.	Mahon	Paulsen	Sviggum
Entenza	Johnson, R.	Mares	Pawlenty	Swenson, D.

Those who voted in the negative were:

Knight

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

S. F. No. 1136 was reported to the House.

Huntley and Kalis moved to amend S. F. No. 1136 as follows:

Page 1, line 12, reinstate the stricken language

Page 1, line 13, delete "economic development authority"

Page 1, line 27, before "DULUTH" insert "CITY OF DULUTH;"

Page 1, line 28, after "by" insert "the home rule charter of the city of Duluth and"

Page 1, line 29, delete "its"

Page 1, line 33, before "the" insert "the city of Duluth or"

Page 2, line 1, delete "sell,"

Page 2, line 3, after "program," insert "the city of Duluth or"

The motion prevailed and the amendment was adopted.

S. F. No. 1136, A bill for an act relating to capital improvements; transferring responsibility for a family practice residency program from the city of Duluth to the Duluth economic development authority; amending Laws 1996, chapter 463, section 24, subdivision 3.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kahn	Marko	Paymar	Swenson, D.
Anderson, B.	Evans	Kalis	McCollum	Pelowski	Swenson, H.
Anderson, I.	Farrell	Kelso	McElroy	Peterson	Sykora
Bakk	Finseth	Kielkucki	McGuire	Pugh	Tingelstad
Bettermann	Folliard	Kinkel	Milbert	Rest	Tompkins
Biernat	Garcia	Knoblach	Molnau	Reuter	Trimble
Bishop	Goodno	Koppendrayer	Mulder	Rhodes	Tuma
Boudreau	Greenfield	Koskinen	Mullery	Rifenberg	Tunheim
Bradley	Greiling	Kraus	Munger	Rostberg	Van Dellen
Broecker	Gunther	Krinkie	Murphy	Rukavina	Vickerman
Carlson	Haas	Kubly	Ness	Schumacher	Wagenius
Chaudhary	Harder	Kuisle	Nornes	Seagren	Weaver
Clark	Hasskamp	Larsen	Olson, E.	Seifert	Wejcman
Commers	Hausman	Leighton	Olson, M.	Sekhon	Wenzel
Daggett	Hilty	Leppik	Opatz	Skare	Westfall
Davids	Holsten	Lindner	Orfield	Skoglund	Westrom
Dawkins	Huntley	Long	Osskopp	Slawik	Winter
Dehler	Jaros	Luther	Osthoff	Smith	Wolf
Journal of the House - 52nd Day - Top of Page 3619
Delmont	Jennings	Macklin	Otremba	Solberg	Workman
Dempsey	Johnson, A.	Mahon	Ozment	Stanek	Spk. Carruthers
Dorn	Johnson, R.	Mares	Paulsen	Stang
Entenza	Juhnke	Mariani	Pawlenty	Sviggum

Those who voted in the negative were:

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

S. F. No. 91, A bill for an act relating to retirement; appropriating money as 1996 police state aid; ratifying the calculation of certain 1996 police state aid amounts.

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

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

Those who voted in the affirmative were:

Abrams	Evans	Kalis	McCollum	Peterson	Tingelstad
Anderson, B.	Farrell	Kelso	McElroy	Pugh	Tomassoni
Anderson, I.	Finseth	Kielkucki	McGuire	Rest	Tompkins
Bakk	Folliard	Kinkel	Milbert	Reuter	Trimble
Bettermann	Garcia	Knight	Molnau	Rhodes	Tuma
Journal of the House - 52nd Day - Top of Page 3620
Biernat	Goodno	Knoblach	Mulder	Rifenberg	Tunheim
Bishop	Greenfield	Koppendrayer	Mullery	Rostberg	Van Dellen
Boudreau	Greiling	Koskinen	Munger	Rukavina	Vickerman
Bradley	Gunther	Kraus	Murphy	Schumacher	Wagenius
Broecker	Haas	Krinkie	Ness	Seagren	Weaver
Carlson	Harder	Kubly	Nornes	Seifert	Wejcman
Chaudhary	Hasskamp	Kuisle	Olson, E.	Sekhon	Wenzel
Clark	Hausman	Larsen	Olson, M.	Skare	Westfall
Commers	Hilty	Leighton	Opatz	Skoglund	Westrom
Daggett	Holsten	Leppik	Orfield	Slawik	Winter
Davids	Huntley	Lindner	Osskopp	Smith	Wolf
Dawkins	Jaros	Long	Osthoff	Solberg	Workman
Dehler	Jefferson	Luther	Otremba	Stanek	Spk. Carruthers
Delmont	Jennings	Macklin	Ozment	Stang
Dempsey	Johnson, A.	Mahon	Paulsen	Sviggum
Dorn	Johnson, R.	Mares	Pawlenty	Swenson, D.
Entenza	Juhnke	Mariani	Paymar	Swenson, H.
Erhardt	Kahn	Marko	Pelowski	Sykora

The bill was passed and its title agreed to.

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

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

The bill was passed and its title agreed to.

S. F. No. 256, A bill for an act relating to commerce; regulating building and construction contracts; regulating payments and retainages; proposing coding for new law in Minnesota Statutes, chapter 337.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kahn	Mariani	Pawlenty	Swenson, D.
Anderson, B.	Evans	Kalis	Marko	Paymar	Swenson, H.
Anderson, I.	Farrell	Kelso	McCollum	Pelowski	Sykora
Bakk	Finseth	Kielkucki	McElroy	Peterson	Tingelstad
Bettermann	Folliard	Kinkel	McGuire	Pugh	Tomassoni
Biernat	Garcia	Knight	Milbert	Rest	Tompkins
Bishop	Greenfield	Knoblach	Molnau	Reuter	Trimble
Boudreau	Greiling	Koppendrayer	Mulder	Rhodes	Tuma
Bradley	Gunther	Koskinen	Mullery	Rifenberg	Tunheim
Broecker	Haas	Kraus	Munger	Rostberg	Van Dellen
Carlson	Harder	Krinkie	Murphy	Rukavina	Vickerman
Chaudhary	Hasskamp	Kubly	Ness	Schumacher	Wagenius
Clark	Hausman	Kuisle	Nornes	Seagren	Weaver
Commers	Hilty	Larsen	Olson, E.	Seifert	Wejcman
Daggett	Holsten	Leighton	Olson, M.	Sekhon	Wenzel
Davids	Huntley	Leppik	Opatz	Skare	Westfall
Dawkins	Jaros	Lindner	Orfield	Skoglund	Westrom
Dehler	Jefferson	Long	Osskopp	Slawik	Winter
Journal of the House - 52nd Day - Top of Page 3621
Delmont	Jennings	Luther	Osthoff	Smith	Wolf
Dempsey	Johnson, A.	Macklin	Otremba	Solberg	Spk. Carruthers
Dorn	Johnson, R.	Mahon	Ozment	Stanek
Entenza	Juhnke	Mares	Paulsen	Stang

Those who voted in the negative were:

Goodno	Sviggum	Workman

The bill was passed and its title agreed to.

S. F. No. 97 was reported to the House.

Goodno moved to amend S. F. No. 97 as follows:

Delete everything after the enacting clause and insert:

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

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

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

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

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

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

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

(5) an employee with a record of either a past positive Mantoux test reaction or active tuberculosis who is currently completing or has a documented history of completing a course of tuberculosis therapy or preventive therapy, provided the employee has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis;

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

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

Sec. 3. [144.4801] [TITLE.]

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

Sec. 4. [144.4802] [AUTHORITY.]

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

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

Sec. 5. [144.4803] [DEFINITIONS.]

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

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

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

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

Subd. 2. [BOARD OF HEALTH.] "Board of health" means an administrative authority established under section 145A.03.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) may expose other persons to tuberculosis based on epidemiological, medical, or other reliable evidence.

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

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

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

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

(1) a hospital or other treatment facility;

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

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

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

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

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

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

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

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

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

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

(1) a person who has been diagnosed with active tuberculosis;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) a description of less restrictive alternatives that the commissioner considered and rejected, together with the reasons for the rejection, or a description of less restrictive alternatives that the commissioner used and that were unsuccessful;

(5) the preventive measure ordered; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) requiring the carrier's attending physician or treatment facility to isolate and detain the carrier for treatment or for a diagnostic examination for tuberculosis, pursuant to section 144.4807, subdivision 1, if the carrier is an endangerment to the public health and is in a treatment facility;

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

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 6. [APPLICATION FOR EXTENSION OF 72-HOUR HOLD.] The commissioner may seek an order extending the hold under subdivision 5 by filing an ex parte application with the probate division of the district court of the county in which the carrier resides. The application may be filed orally by telephone or by facsimile, provided that a written application is filed within 72 hours, excluding Saturdays, Sundays, and legal holidays.

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

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

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

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

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

(1) an endangerment to the public health; and

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

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

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

(2) apprehend and isolate the carrier.

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

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

Subd. 4. [APPREHENSION OF CARRIER.] If the carrier flees or forcibly resists the peace officer or disease prevention officer, the officer may use all necessary and lawful means to apprehend, hold, transport, or isolate the carrier. This subdivision is authority for the officer to carry out the duties specified in this section. The commissioner shall provide any information and equipment necessary to protect the officer from becoming exposed to tuberculosis.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) At the hearing, the parties shall identify the efforts they made to resolve the matter prior to the preliminary hearing.

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

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

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

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

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

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

the court order issued pursuant to the preliminary hearing. The petitioning party shall serve and file a petition and notice of hearing with the probate division of the district court. The court shall hold the final hearing no later than 15 days from the date of the filing and service of the petition for a final hearing.

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

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

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

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

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

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

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

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

Subd. 10. [RIGHT OF COMMISSIONER TO ISSUE SUBSEQUENT ORDER.] Notwithstanding any ruling by the district court, the commissioner may issue a subsequent health order if the commissioner has probable cause to believe that a health order is necessary based on additional facts not known or present at the time of the district court hearing.

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 2. [PROTECTIVE ORDER.] After a judicial action is commenced, a party may seek a protective order to protect the disclosure of portions of the court record identifying individuals or entities.

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

Sec. 16. [APPROPRIATION.]

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

The motion prevailed and the amendment was adopted.

S. F. No. 97, A bill for an act relating to health; providing for the isolation and detention of persons with active tuberculosis who pose an endangerment to the public health; establishing standards and procedures for isolation and detention; requiring reporting by licensed health professionals; modifying tuberculosis screening requirements; appropriating money; amending Minnesota Statutes 1996, section 144.445, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 144.

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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kahn	Mariani	Pawlenty	Swenson, D.
Anderson, B.	Evans	Kalis	Marko	Paymar	Swenson, H.
Anderson, I.	Farrell	Kelso	McCollum	Pelowski	Sykora
Bakk	Finseth	Kielkucki	McElroy	Peterson	Tingelstad
Bettermann	Folliard	Kinkel	McGuire	Rest	Tomassoni
Biernat	Garcia	Knight	Milbert	Reuter	Tompkins
Bishop	Goodno	Knoblach	Molnau	Rhodes	Trimble
Boudreau	Greenfield	Koppendrayer	Mulder	Rifenberg	Tuma
Bradley	Greiling	Koskinen	Mullery	Rostberg	Tunheim
Broecker	Gunther	Kraus	Munger	Rukavina	Van Dellen
Carlson	Haas	Krinkie	Murphy	Schumacher	Vickerman
Chaudhary	Harder	Kubly	Ness	Seagren	Wagenius
Clark	Hasskamp	Kuisle	Nornes	Seifert	Weaver
Commers	Hausman	Larsen	Olson, E.	Sekhon	Wejcman
Daggett	Holsten	Leighton	Olson, M.	Skare	Wenzel
Davids	Huntley	Leppik	Opatz	Skoglund	Westfall
Dawkins	Jaros	Lindner	Orfield	Slawik	Westrom
Dehler	Jefferson	Long	Osskopp	Smith	Winter
Journal of the House - 52nd Day - Top of Page 3633
Delmont	Jennings	Luther	Osthoff	Solberg	Wolf
Dempsey	Johnson, A.	Macklin	Otremba	Stanek	Workman
Dorn	Johnson, R.	Mahon	Ozment	Stang	Spk. Carruthers
Entenza	Juhnke	Mares	Paulsen	Sviggum

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

There being no objection, the order of business reverted to Reports of Standing Committees.

Long from the Committee on Taxes to which was referred:

H. F. No. 934, A bill for an act relating to cities of the first class; modifying provisions concerning neighborhood revitalization programs; amending Minnesota Statutes 1996, section 469.1831.

Reported the same back with the following amendments:

Page 1, line 7, after the second comma, insert "subdivision 1,"

Page 1, delete lines 9 and 10

Page 2, line 26, delete from "Subd." through page 10, line 22, to "1997."

Amend the title as follows:

Page 1, line 2, delete "modifying"

Page 1, line 3, delete "provisions concerning" and insert "providing a statement of purpose for"

Page 1, line 5, before the period, insert ", subdivision 1"

With the recommendation that when so amended the bill pass.

Long from the Committee on Taxes to which was referred:

H. F. No. 1888, A bill for an act relating to taxation; imposing a fee on motor vehicle rentals; providing for a rebate of the fee to motor vehicle lessors to compensate for motor vehicle registration fees paid by lessors; appropriating money; amending Minnesota Statutes 1996, section 297A.135.

Reported the same back with the following amendments:

Page 1, line 25, delete "..." and insert "three"

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

S. F. No. 1697, A bill for an act relating to public finance; updating and clarifying bond allocation provisions; amending Minnesota Statutes 1996, sections 474A.03, subdivisions 1 and 2a; 474A.04, subdivision 1a; 474A.047, subdivision 1; 474A.061, subdivision 2b; 474A.091, subdivisions 3 and 6; and 474A.131, subdivisions 1 and 1a.

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

S. F. No. 1754, A bill for an act relating to public finance; modifying provisions relating to the issuance of debt and the use and investment of public funds; amending Minnesota Statutes 1996, sections 118A.04, subdivision 9; 118A.05, subdivision 4; 136A.32, subdivision 7; 373.01, subdivision 3; 373.40, subdivision 7; 410.32; 412.301; 414.067, subdivision 2; 429.021, subdivision 1; 447.45, subdivision 2; 465.71; 469.0171; 469.034, subdivision 2; 469.059, subdivision 6; 469.101, subdivision 6; 469.153, subdivision 2; 469.154, subdivisions 3, and 6; 469.155, by adding a subdivision; 471.981, by adding a subdivision; 475.61, subdivision 3; 475.67, subdivision 12; and 641.23; proposing coding for new law in Minnesota Statutes, chapters 471; and 475.

Reported the same back with the following amendments:

Pages 1 and 2, delete sections 1 and 2

Pages 3 and 4, delete section 4

Page 4, delete section 6

Pages 5 to 22, delete sections 8 to 27

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act relating to public finance; modifying provisions relating to the issuance of debt and the use and investment of public funds; amending Minnesota Statutes 1996, sections 136A.32, subdivision 7; 373.40, subdivision 7; and 412.301."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. No. 934 was read for the second time.

S. F. Nos. 1697 and 1754 were read for the second time.

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

Leighton moved that the name of Smith be added as an author on H. F. No. 1106. The motion prevailed.

Finseth moved that the name of Bakk be added as an author on H. F. No. 1908. The motion prevailed.

Bishop moved that the name of Kalis be added as an author on H. F. No. 1949. The motion prevailed.

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

Broecker moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, May 1, 1997, when the vote was taken on the final passage of S. F. No. 1165." The motion prevailed.

Chaudhary moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 24, 1997, when the vote was taken on the Stang et al amendment to S. F. No. 1905, the second unofficial engrossment, as amended." The motion prevailed.

Wejcman moved that S. F. No. 1470 be recalled from the Committee on Taxes and together with H. F. No. 934, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Winter moved that when the House adjourns today it adjourn until 9:30 a.m., Monday, May 5, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker pro tempore Kalis declared the House stands adjourned until 9:30 a.m., Monday, May 5, 1997.