EIGHTY-SECOND SESSION 2001
__________________
FIFTY-SEVENTH DAY
Saint Paul, Minnesota, Friday, May 18, 2001
This Journal as a PDF document
The House of Representatives convened at 9:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Pastor Scott Hagen, Our Savior's Lutheran Church, Faribault, Minnesota.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The roll was called and the following members were present:
| Abeler | Dorman | Hilty | Lenczewski | Osskopp | Solberg | |
| Abrams | Dorn | Holsten | Leppik | Osthoff | Stanek | |
| Anderson, B. | Eastlund | Howes | Lieder | Otremba | Stang | |
| Anderson, I. | Entenza | Huntley | Lindner | Ozment | Swapinski | |
| Bakk | Erhardt | Jacobson | Lipman | Paulsen | Swenson | |
| Bernardy | Erickson | Jaros | Luther | Pawlenty | Sykora | |
| Biernat | Evans | Jennings | Mahoney | Paymar | Thompson | |
| Bishop | Finseth | Johnson, J. | Mares | Pelowski | Tingelstad | |
| Boudreau | Folliard | Johnson, R. | Mariani | Penas | Tuma | |
| Bradley | Fuller | Johnson, S. | Marko | Peterson | Vandeveer | |
| Buesgens | Gerlach | Juhnke | Marquart | Rhodes | Wagenius | |
| Carlson | Gleason | Kahn | McElroy | Rifenberg | Walker | |
| Cassell | Goodno | Kalis | McGuire | Rukavina | Walz | |
| Clark, J. | Goodwin | Kelliher | Milbert | Ruth | Wasiluk | |
| Clark, K. | Gray | Kielkucki | Molnau | Schumacher | Wenzel | |
| Daggett | Greiling | Knoblach | Mulder | Seagren | Westerberg | |
| Davids | Gunther | Koskinen | Mullery | Seifert | Westrom | |
| Davnie | Haas | Krinkie | Murphy | Sertich | Wilkin | |
| Dawkins | Hackbarth | Kubly | Ness | Skoe | Winter | |
| Dehler | Harder | Kuisle | Nornes | Skoglund | Wolf | |
| Dempsey | Hausman | Larson | Olson | Slawik | Workman | |
| Dibble | Hilstrom | Leighton | Opatz | Smith | Spk. Sviggum | |
A quorum was present.
Pugh was excused.
Holberg was excused until 1:00 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Swapinski moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 1082 and H. F. No. 1071, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Bakk moved that the rules be so far suspended that S. F. No. 1082 be substituted for H. F. No. 1071 and that the House File be indefinitely postponed. The motion prevailed.
Pawlenty moved that the House recess subject to the call of the Chair. The motion prevailed.
RECONVENED
The House reconvened and was called to order by Speaker pro tempore Boudreau.
Knoblach from the Committee on Capital Investment to which was referred:
H. F. No. 2513, A bill for an act relating to a baseball park; making legislative findings and stating the intent and purpose of the legislation; authorizing sale of state revenue bonds and a loan of their proceeds; authorizing a process for and selection of a local unit of government to provide a site for a baseball park; providing for financing, construction, and naming rights for the baseball park; requiring the use of steel produced in the United States from taconite produced in Minnesota; providing for repayment of the loan and for certain guarantees by certain parties; providing for imposition of an admissions tax; imposing obligations on the major league baseball team and the commissioner of trade and economic development; requiring appointment of a special panel to make certain findings and determinations to the governor and the legislative commission on planning and fiscal policy; providing certain temporary tax exemptions; requiring reports; amending Minnesota Statutes 2000, sections 16A.67, subdivision 1; 272.02, by adding a subdivision; 297A.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.
Reported the same back with the following amendments:
Pages 2 and 3, delete section 3 and insert:
"Sec. 3. [16A.6702] [REVENUE BONDS; BASEBALL PARK.]
Subdivision 1. [AUTHORIZATION.] The commissioner of finance is authorized to sell and issue state revenue bonds to fund a loan to a local government unit in the metropolitan area to finance up to one-half of the costs to design, acquire, construct, furnish, and equip a baseball park to be owned by the local government unit and leased to a major league professional baseball team, as provided in sections 116J.425 to 116J.4292, and to pay costs of issuance of the bonds. The proceeds of the bonds are appropriated for these purposes. The principal amount of the bonds shall not exceed $140,500,000. The bonds shall be sold and issued upon such terms and in such manner as the commissioner shall determine to be in the best interests of the state. The final maturity of the bonds shall be not later than June 30, 2034.
Subd. 2. [SECURITY; BONDS NOT PUBLIC DEBT.] The bonds and the interest thereon shall be payable solely from repayments by the local government unit in which the baseball park is located, as provided in section 116J.426, and secured by the revenues appropriated and transferred to the debt service fund established for this purpose in subdivision 4 and investment income thereon, and any bond reserve established for the bonds. The bonds are not public debt, and the full faith, credit, and taxing powers of the state are not pledged for their payment. The bonds and the interest thereon shall not be paid, directly or indirectly, in whole or in part, from a tax of statewide application on any class of property, income, transaction, or privilege.
Subd. 3. [SPECIAL REVENUE FUND.] There is established in the state treasury a separate and special revenue fund for deposit of revenues from net proceeds of the lottery in accordance with section 349A.10, subdivision 5, money received for payment or reimbursement of health care costs in accordance with section 246.18, subdivision 7a, state license and service fees as defined in section 16A.6703, and investment income thereon.
Subd. 4. [DEBT SERVICE FUND.] There is established in the state treasury a separate and special debt service fund. Money transferred or appropriated to the fund and investment income thereon on hand or required to be transferred to the fund shall be used and are irrevocably appropriated for the payment of the principal of and interest on the bonds authorized in this section when due.
Subd. 5. [COVENANTS; AGREEMENTS.] The commissioner may, for and on behalf of the state, enter into such covenants and agreements not inconsistent with subdivisions 1 to 4 and sections 246.18, subdivisions 4 and 6; and 349A.10, subdivision 5, as may be necessary or desirable to facilitate the sale and issuance of the bonds on terms favorable to the state, including, but not limited to, covenants and agreements relating to the payment of and security for the bonds, tax-exemption, and disclosure of information required by federal and state securities laws. Such covenants and agreements of the commissioner constitute an enforceable contract of the state and the state pledges and agrees with the holders of any bonds that the state will not limit or alter the rights vested in the commissioner to fulfill the terms of any such covenants or agreements made with the holders of the bonds, or in any way impair the rights and remedies of the holders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The commissioner is authorized to include this pledge and agreement of the state in any covenant or agreement with the holders of such bonds. Such covenants may not include covenants to continue to operate the state lottery but may include covenants to continue to seek payment by and reimbursement from nonstate sources of health care costs so long as any bonds issued pursuant to this section are outstanding. The provisions of sections 16A.672 and 16A.675 are applicable to the bonds.
Sec. 4. [16A.6703] [DEPOSIT OF CERTAIN STATE LICENSE FEES, SERVICE FEES, AND CHARGES.]
Subdivision 1. [STATE LICENSE AND SERVICE FEES.] For purposes of section 16A.6702, subdivision 3, and this section, the term "state license and service fees" means, and refers to, all license fees, service fees, and charges imposed by law and collected by any state officer, agency, or employee, which are listed below or which are defined as departmental earnings under section 16A.1285, subdivision 1, and the use of which is not otherwise restricted by law, and which are not required to be credited or transferred to a fund other than the general fund:
Minnesota Statutes 2000, sections 3.9221; 5.12; 5.14; 5.16; 5A.04; 6.58; 13.03, subdivision 10; 16A.155;
16A.48; 16A.54; 16A.72; 16B.59; 16B.70; 17A.04; 18.51, subdivision 2; 18.53; 18.54; 18C.551; 19.58; 19.64;
27.041, subdivision 2, clauses (d) and (e); 27.07, subdivision 5; 28A.08; 32.071; 32.075; 32.392; 35.71; 35.824;
35.95; 41C.12; 45.027, subdivisions 3 and 6; 46.041, subdivision 1; 46.131, subdivisions 2, 7, 8, 9, and 10; 47.101,
subdivision 2; 47.54, subdivisions 1 and 4; 47.62, subdivision 4; 47.65; 48.61, subdivision 7; 48.93; 48A.16; 49.36,
subdivision 1; 52.01; 52.203; 53.03, subdivisions 1, 5, and 6; 53.09, subdivision 1; 53A.03; 53A.05, subdivision 1;
53A.081, subdivision 3; 54.294, subdivision 1; 55.04, subdivision 2; 55.095; 56.02; 56.04; 56.10; 59A.03,
subdivision 2; 59A.06, subdivision 3; 60A.14, subdivisions 1 and 2; 60A.23, subdivision 8; 60K.19, subdivision 5;
65B.48, subdivision 3; 70A.14, subdivision 4; 72B.04, subdivision 10; 79.251, subdivision 5; 80A.28, subdivisions
1, 2, 3, 4, 5, 6, 7, 7a, 8, and 9; 80C.04, subdivision 1; 80C.07; 80C.08, subdivision 1; 80C.16, subdivisions 2 and
3; 80C.18, subdivision 2; 82.20, subdivision 8 and 9; 82A.04, subdivision 1; 82A.08, subdivision 2; 82A.16,
subdivisions 2 and 6; 82B.09, subdivision 1; 83.23, subdivisions 2, 3, and 4; 83.25, subdivisions 1 and 2; 83.26,
subdivision 2; 83.30, subdivision 2; 83.31, subdivision 2; 83.38, subdivision 2; 85.052; 85.053; 85.055; 88.79, subdivision 2; 89.035; 89.21; 115.073; 115.77, subdivisions 1 and 2; 116.41, subdivision 2; 116C.69; 116C.712; 116J.9673; 125.08; 136C.04, subdivision 9; 155A.045; 155A.16; 168.27, subdivision 11; 168.33, subdivisions 3 and 7; 168.54; 168.67; 168.705; 168A.152; 168A.29; 169.345; 171.06, subdivision 2a; 171.29, subdivision 2; 176.102; 176.1351; 176.181, subdivision 2a; 177.30; 181A.12; 183.545; 183.57; 184.28; 184.29; 184A.09; 201.091, subdivision 5; 204B.11; 207A.02; 214.06; 216C.261; 221.0355; 239.101; 240.06; 240.07; 240.08; 240.09; 240.10; 246.51; 270.69, subdivision 2; 270A.07; 272.484; 296A.03; 296A.04; 296A.27; 297F.03; 299C.46; 299C.62; 299K.09; 299K.095; 299L.07; 299M.04; 300.49; 318.02; 323.44, subdivision 3; 325D.415; 326.22; 326.3331; 326.47; 326.50; 326.92, subdivisions 1 and 3; 327.33; 331A.02; 332.15, subdivisions 2 and 3; 332.17; 332.22, subdivision 1; 332.33, subdivisions 3 and 4; 332.54, subdivision 7; 333.055; 333.20; 333.23; 336.9-413; 336A.04; 336A.05; 336A.09; 345.35; 345.43, subdivision 2a; 345.44; 345.55, subdivision 3; 347.33; 349.151; 349.161; 349.162; 349.163; 349.164; 349.165; 349.166; 349.167; 357.08; 359.01, subdivision 3; 360.018; 360.63; 386.68; and 414.01, subdivision 11; Minnesota Statutes 2000, chapters 154; 216B; 237; 302A; 303; 308A; 317A; 322A; and 322B; Laws 1990, chapter 593; Laws 1993, chapter 254, section 7; and Laws 1994, chapter 573, section 4; Minnesota Rules, parts 1800.0500; 1950.1070; 2100.9300; 7515.0210; and 9545.2000 to 9545.2040.
Subd. 2. [FEES CREDITED TO SPECIAL REVENUE FUND.] During any period in which bonds are issued and outstanding under section 16A.6702, all state license and service fees must be credited to the special revenue fund created in section 16A.6702, subdivision 3. Money credited to the special revenue fund must be transferred to the debt service fund established in section 16A.6702, subdivision 4, at the times and in the amounts determined by the commissioner of finance to be necessary to provide for the payment and security of bonds issued pursuant to section 16A.6702. On or before the tenth day of each month, any money in the special revenue fund not required to be transferred to the debt service fund must be transferred to the general fund. If bonds are not issued and outstanding under section 16A.6702, all state license and service fees must be credited to the general fund.
Subd. 3. [APPLICABILITY.] If any state license or service fee described in subdivision 1 is determined by the attorney general or a court of competent jurisdiction to be a tax, the provisions of subdivisions 1 and 2 no longer apply to it."
Page 4, delete lines 19 to 24 and insert "and the local unit of government must guarantee repayment of the loan, pledging the revenues listed in this subdivision, including its full faith and credit. The loan must be repaid using revenues of the local unit of government in the following order: (1) lease payments by the team for use of the baseball park, (2) ticket tax revenues collected as authorized under subdivision 5, (3) payments made under the guarantees by major league baseball, the team and owners, and (4) any other revenues available to the local unit of government, including any property tax revenues. Any property tax levied to repay the loan is outside the levy limits in sections 275.70 to 275.74."
Page 4, line 27, delete "16A.67" and insert "16A.6702"
Page 5, line 23, after the period, insert "The admission tax collected must be paid to the unit of local government for deposit in the baseball park loan fund for transfer to the special debt service fund under section 16A.6702, for repayment of the bonds issued."
Page 6, line 11, delete "16A.67, subdivision 1, paragraph (b)" and insert "16A.6702, subdivision 1"
Page 6, line 14, delete "revenue" and insert "debt service"
Page 6, line 15, delete "16A.67" and insert "16A.6702" and after the period, insert "If the special debt service fund is fully funded in any fiscal year and any funds from the special revenue fund established under section 16A.6702, subdivision 3, have been transferred to the special debt service fund, the commissioner of finance shall transfer the loan repayments not needed for debt service to the general fund, up to the amount transferred from the special revenue fund. Any loan repayment amount in excess of the amount needed to refund the general fund must be deposited in the special debt service fund."
Page 6, line 24, delete "16A.67" and insert "16A.6702"
Page 7, line 9, delete "and"
Page 7, line 13, before the period, insert "; and
(6) the major league professional baseball team has agreed to make all reasonable efforts to ensure that businesses owned by socially disadvantaged persons are awarded contracts for construction and operation of the baseball park in proportion to the number of qualified businesses owned by socially disadvantaged persons in the metropolitan area. In addition, the team has agreed to make all reasonable efforts to ensure that employment of socially disadvantaged persons for the construction or operation of the baseball park will be proportionate to the number of qualified workers who are socially disadvantaged persons in the metropolitan area. For the purposes of this clause, "socially disadvantaged person" is as defined in Minnesota Rules, part 1230.0150, subpart 24. The local unit of government must report to the legislature annually on the implementation of this clause"
Page 7, line 32, delete "116J.4291" and insert "116J.4292"
Page 9, delete line 28 and insert "major league baseball team must provide an average over the season of at least 7,000 seats per game to"
Page 9, line 29, after "admission" insert ", reduced price or free"
Page 10, line 36, delete "116J.4291" and insert "116J.4292"
Page 11, after line 19, insert:
"Sec. 13. Minnesota Statutes 2000, section 246.18, is amended by adding a subdivision to read:
Subd. 7a. [USE OF CERTAIN REIMBURSEMENT FUNDS.] Except as provided in subdivisions 2, 5, and 6, and unless otherwise required by federal law, during any period in which bonds are issued and outstanding under section 16A.6702, all money received from the federal government or other nonstate source for payment or reimbursement of health care costs incurred at regional treatment centers, state nursing homes, and other state facilities as defined in section 246.50, subdivision 3, must be credited to the special revenue fund created in section 16A.6702, subdivision 3. Money credited to the special revenue fund must be transferred to the debt service fund established in section 16A.6702, subdivision 4, at the times and in the amounts determined by order of the commissioner of finance to be necessary to provide for the payment and security of bonds issued pursuant to section 16A.6702. On or before the tenth day of each month, any money in the special revenue fund not required to be transferred to the debt service fund must be transferred to the general fund. Except as provided in subdivisions 2, 5, and 6, and unless otherwise required by federal law, if bonds are not issued and outstanding under section 16A.6702 all money received from the federal government or other nonstate source for payment or reimbursement of health care costs incurred at regional treatment centers, state nursing homes, and other state facilities as defined in section 246.50, subdivision 3, must be credited to the general fund."
Page 11, line 30, delete "116J.4291" and insert "116J.4292"
Page 11, line 36, delete "116J.4291" and insert "116J.4292"
Page 12, line 9, delete "116J.4291" and insert "116J.4292"
Page 12, lines 14, 15, and 20, after "2012" insert "or future"
Page 12, after line 23, insert:
"Sec. 17. [REVISOR INSTRUCTION.]
The revisor of statutes shall change the citation to section 16A.67, wherever it appears in Minnesota Statutes to section 16A.6702, in the next edition of Minnesota Statutes."
Page 12, line 25, delete "14" and insert "16"
Renumber the sections in sequence and correct the internal references
Delete the title and insert:
"A bill for an act relating to a baseball park; making legislative findings and stating the intent and purpose of the legislation; authorizing sale of state revenue bonds, providing for their security, and authorizing a loan of their proceeds; providing for the deposit and disposition of certain departmental earnings and state license and service fees; authorizing a process for and selection of a local unit of government to provide a site for a baseball park; providing for financing, construction, and naming rights for the baseball park; authorizing certain covenants and agreements; creating a baseball park loan fund; creating special revenue and debt service funds; requiring the use of steel produced in the United States from taconite produced in Minnesota; providing for repayment of the loan and for certain guarantees by certain parties; providing for imposition of an admissions tax; imposing obligations on the major league baseball team and the commissioner of trade and economic development and the governor; imposing certain conditions; authorizing the evaluation of a possible Olympic bid; requiring appointment of a special panel to make certain findings and determinations to the governor and the legislative commission on planning and fiscal policy; making a revisor's instruction; providing certain temporary tax exemptions; authorizing the governor to authorize a loan after making a determination; requiring reports; appropriating money; amending Minnesota Statutes 2000, sections 246.18, by adding a subdivision; 272.02, by adding a subdivision; 297A.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16A; 116J."
With the recommendation that when so amended the bill pass.
MINORITY REPORT
May 18, 2001
We, the undersigned, being a minority of the Committee on Capital Investment, recommend that H. F. No. 2513 do pass with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [PURPOSE; FINDINGS.]
The legislature finds that major league professional sports have value to the citizens and the economy of this state. The legislature further finds that this value can and should be protected to ensure the successful continuation of major league professional sports in Minnesota. The legislature believes this goal can be accomplished through public/private partnerships. It is therefore the desire of the legislature to support major league professional sports substantially with private support.
Sec. 2. [CONDITIONS.]
The legislature further finds that while major league professional sports are a key community asset, state revenues should not be diverted to build and operate stadiums or sports facilities used primarily by professional sports teams until the legislature has fully funded the needs of the K-12 education, health care, transportation, higher education, state agency operations, early childhood education, and state pensions.
Sec. 3. [16A.1395] [COMMISSIONER DETERMINATION OF STATE FUND; PROHIBITION.]
Based on information contained in the requirements of section 16A.103, the commissioner shall determine if the legislature has fully funded the needs of K-12 education, health care, transportation, higher education, state agency operations, early childhood education, and state pensions. Until the commissioner so determines, state dollars or appropriations may not be used to fund construction of stadiums or sport facilities used by a privately owned professional sports team. For purposes of this section, "state dollars" includes but is not limited to general tax revenues, fees, loans, "tax free" zones, general obligation bonds, and revenue bonds.
Sec. 4. [16A.1396] [PRIVATELY FINANCED STADIUM PLANS; DEVELOPMENT AND OR REVIEW.]
Subdivision 1. [PRIVATELY FINANCED STADIUM REVIEW TASK FORCE.] The commissioner of trade and economic development, the commissioner of commerce, or the commissioner of finance shall, pursuant to section 15.014, subdivision 2, appoint up to 15 persons to serve on a task force on development and review of privately financed stadium or sports facilities proposals. The director of the strategic and long-range planning may also exercise the power in section 15.014 to create the task force.
Subd. 2. [DEVELOPMENT AND OR REVIEW.] The task force may review and or develop privately financed stadium or sports facility proposals. The task force may consider any offers of local government assistance that have actually been adopted by the local government resolution or referendum. The task force may report to the governor, legislature, and the Metropolitan Sports Facilities Commission recommendations on the preferred method of privately financing a sports facility and on a suggested location for such a facility."
Delete the title and insert:
"A bill for an act relating to new sports facilities used primarily by professional sports teams; prohibiting diversion of public funds for stadium construction and operation until basic state responsibilities are fully funded; authorizing a task force on privately funded stadiums or sports facilities; proposing coding for new law in Minnesota Statutes, chapter 16A."
Signed:
Eric Lipman
Mindy Greiling
Geri Evans
Lipman moved that the Minority Report be substituted for the Majority Report and that the Minority Report be now adopted.
Lipman withdrew the Minority Report to the Majority Report on H. F. No. 2513.
The question recurred on the adoption of the Majority Report from the Committee on Capital Investment relating to H. F. No. 2513. The Majority Report on H. F. No. 2513 was adopted.
H. F. No. 2513 was read for the second time.
SECOND READING OF SENATE BILLS
S. F. No. 1082 was read for the second time.
The following House Files were introduced:
Osskopp introduced:
H. F. No. 2541, A bill for an act relating to highways; modifying provisions relating to telecommunications access to interstate highway rights-of-way; amending Minnesota Statutes 2000, section 161.45, subdivision 1.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Kelliher, Kahn, Rhodes, Skoglund and Mullery introduced:
H. F. No. 2542, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Minnesota planetarium.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Clark, J., introduced:
H. F. No. 2543, A bill for an act relating to natural resources; providing funding to construct a recreational trail; authorizing bonds; appropriating money.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Paymar, Entenza, Dawkins, Mariani and Hausman introduced:
H. F. No. 2544, A bill for an act relating to local government; directing the commissioner of agriculture to suspend ethanol payments to Gopher State Ethanol upon adoption of a resolution by the St. Paul city council.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Leppik, Evans, Solberg, Cassell and Rhodes introduced:
H. F. No. 2545, A bill for an act relating to education; establishing a committee to study bargaining unit issues of instructional employees in residential facilities; appropriating money.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Swenson introduced:
H. F. No. 2546, A bill for an act relating to environment; appropriating money for a regional sludge management demonstration project.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Bakk introduced:
H. F. No. 2547, A bill for an act relating to game and fish; adding a separate selection category for issuing moose licenses; amending Minnesota Statutes 2000, section 97A.431, subdivisions 2, 4.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Hausman; Clark, K.; Dawkins; Johnson, S.; Paymar; Koskinen; Wagenius; Dibble; Hilty; Kahn; Mariani; Folliard; Kelliher; Entenza; McGuire and Greiling introduced:
H. F. No. 2548, A bill for an act relating to energy; establishing a nuclear waste council; proposing coding for new law in Minnesota Statutes, chapter 216C; repealing Minnesota Statutes 2000, section 116C.711.
The bill was read for the first time and referred to the Committee on Regulated Industries.
Hausman; Clark, K.; Dawkins; Johnson, S.; Paymar; Koskinen; Wagenius; Dibble; Hilty; Kahn; Folliard; Mariani; Johnson, R.; Davnie; Kelliher; McGuire and Greiling introduced:
H. F. No. 2549, A bill for an act relating to the environment; reactivating and reorganizing the nuclear waste council; modifying provisions relating to dry cask storage of nuclear waste; appropriating money; amending Minnesota Statutes 2000, sections 116C.711, subdivisions 1, 2; 116C.712, subdivisions 1, 2, 5; 116C.771; repealing Minnesota Statutes 2000, section 116C.80.
The bill was read for the first time and referred to the Committee on Regulated Industries.
Osskopp introduced:
H. F. No. 2550, A bill for an act relating to public safety; modifying emergency 911 telephone system provisions to establish emergency 911 telecommunications system; amending Minnesota Statutes 2000, sections 403.01; 403.02, subdivisions 3, 6, 7, by adding subdivisions; 403.05; 403.06; 403.07; 403.08; 403.09; 403.10, subdivision 1; 403.11, subdivisions 1, 3, 4, by adding a subdivision; 403.113, subdivision 1; repealing Minnesota Statutes 2000, sections 403.04; 403.11, subdivision 2; 403.113, subdivision 5; 403.12, subdivision 1; 403.13; 403.14; Minnesota Rules, parts 1215.0400; 1215.0600; 1215.0700; 1215.1200, subpart 3; 1215.1500.
The bill was read for the first time and referred to the Committee on Regulated Industries.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2036, A bill for an act relating to Goodhue county; permitting the appointment of the auditor-treasurer and recorder.
The Senate has appointed as such committee:
Senators Murphy, Wiener and Ourada.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 873, A bill for an act relating to public lands; allowing private easements across tax-forfeited land; changing certain exchange requirements; modifying county lease terms for tax-forfeited land; authorizing a conveyance of certain Benton county land; authorizing public and private sales and conveyances of certain tax-forfeited lands in Aitkin, Cook, Hubbard, Lake, Meeker, Ramsey, St. Louis, and Washington counties; amending Minnesota Statutes 2000, section 282.04, subdivision 1, and by adding a subdivision; Laws 1998, chapter 389, article 16, section 31, subdivisions 2, as amended, and 4, as amended.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1407, A bill for an act relating to health; modifying provisions for public health collaboration plans; modifying rural hospital programs eligibility; transferring certain enforcement authority related to the provision of funeral goods and services; repealing professional boxing regulation; amending Minnesota Statutes 2000, sections 62Q.075; 144.147, subdivision 1; 144.148, subdivision 1; 144.1483; 149A.01, by adding a subdivision; 149A.02, subdivision 14, by adding a subdivision; 149A.11; 149A.62; 149A.71, subdivision 4; 149A.97, subdivision 8; repealing Minnesota Statutes 2000, section 144.994; Laws 2000, chapter 488, article 2, section 26.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Mulder moved that the House concur in the Senate amendments to H. F. No. 1407 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1407, A bill for an act relating to health; extending certain enforcement authority related to the provision of funeral goods and services; modifying provisions for public health collaboration plans; modifying rural hospital programs eligibility; repealing professional boxing regulation; amending Minnesota Statutes 2000, sections 62Q.075; 144.147, subdivision 1; 144.148, subdivision 1; 144.1483; 149A.01, by adding a subdivision; 149A.02, subdivision 14, by adding a subdivision; 149A.11; 149A.62; 149A.71, subdivision 4; 149A.97, subdivision 8; repealing Minnesota Statutes 2000, section 144.994; Laws 2000, chapter 488, article 2, section 26.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Holsten | Lieder | Ozment | Swenson | |
| Abrams | Eastlund | Howes | Lindner | Paulsen | Sykora | |
| Anderson, B. | Entenza | Huntley | Lipman | Pawlenty | Thompson | |
| Anderson, I. | Erhardt | Jacobson | Luther | Paymar | Tingelstad | |
| Bakk | Erickson | Jaros | Mahoney | Pelowski | Tuma | |
| Bernardy | Evans | Jennings | Mares | Penas | Vandeveer | |
| Biernat | Finseth | Johnson, J. | Mariani | Peterson | Wagenius | |
| Bishop | Folliard | Johnson, R. | Marko | Rhodes | Walker | |
| Boudreau | Fuller | Johnson, S. | Marquart | Rifenberg | Walz | |
| Bradley | Gerlach | Juhnke | McElroy | Rukavina | Wasiluk | |
| Buesgens | Gleason | Kahn | McGuire | Ruth | Wenzel | |
| Carlson | Goodno | Kalis | Milbert | Schumacher | Westerberg | |
| Cassell | Goodwin | Kelliher | Molnau | Seagren | Westrom | |
| Clark, J. | Gray | Kielkucki | Mulder | Seifert | Wilkin | |
| Clark, K. | Greiling | Knoblach | Mullery | Sertich | Winter | |
| Daggett | Gunther | Koskinen | Murphy | Skoe | Wolf | |
| Davids | Haas | Krinkie | Ness | Skoglund | Workman | |
| Davnie | Hackbarth | Kubly | Nornes | Slawik | Spk. Sviggum | |
| Dawkins | Harder | Kuisle | Olson | Smith | ||
| Dehler | Hausman | Larson | Opatz | Solberg | ||
| Dempsey | Hilstrom | Leighton | Osskopp | Stanek | ||
| Dibble | Hilty | Lenczewski | Osthoff | Stang | ||
| Dorman | Holberg | Leppik | Otremba | Swapinski | ||
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1495, A bill for an act relating to agriculture; modifying provisions of the value-added agricultural product processing and marketing grant program; eliminating the late fee for the license to use the Minnesota grown label; clarifying the term "private contributions" for the Minnesota grown matching account; modifying provisions
of the shared savings loan program and the sustainable agriculture demonstration grant program; modifying provisions of the agriculture best management practices loan program; regulating pesticide application in certain schools; modifying financing limitations for the administration of the state meat inspection program; authorizing the state agricultural society to establish a nonprofit corporation for charitable purposes; modifying provisions relating to the rural finance authority; extending the sunset date and providing for designation of replacement members of the Minnesota agriculture education leadership council; modifying the definition of "agricultural land" for the purpose of recreational trespass; extending the sunset of the dairy producers board, and conditionally voiding its repeal; providing for pesticide application on golf courses; changing certain membership provisions on the state agricultural society; defining biodiesel fuel and requiring it in diesel fuel oil; requiring reports on it; allowing natural gasoline as a petroleum component in E85 fuel; extending the sunset date for the farmer-lender mediation program; providing a temporary waiver of board of animal health rules for use of biological products on poultry; adding cultivated wild rice to the agricultural commodities promotion act provision; repealing obsolete agricultural statutes; amending Minnesota Statutes 2000, sections 17.101, subdivision 5; 17.102, subdivision 3; 17.109, subdivision 3; 17.115; 17.116; 17.117; 17.53, subdivisions 2, 8, 13; 17.63; 17.76, subdivision 2; 18B.01, by adding a subdivision; 31A.21, subdivision 2; 37.03, subdivision 1; 41B.025, subdivision 1; 41B.03, subdivision 2; 41B.043, subdivisions 1b, 2; 41B.046, subdivision 2; 41D.01, subdivisions 1, 3, 4; 97B.001, subdivision 1; 116O.09, subdivision 1a; 296A.01, subdivision 19; Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law in Minnesota Statutes, chapters 18B; 37; 239; repealing Minnesota Statutes 2000, sections 17.987; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141; 24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18; 24.181; 33.09; 33.111.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Murphy, Dille and Ring.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Finseth moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1495. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1541, A bill for an act relating to commerce; regulating currency exchanges, real estate brokers, real property appraisers, residential contractors, notaries public, and collection agencies; modifying certain continuing education requirements; regulating certain fees, costs, duties, rights, and penalties; regulating nonprofit corporations; requiring a study; appropriating money; amending Minnesota Statutes 2000, sections 45.0295; 53A.081, subdivision 2; 58.10, subdivision 1, by adding a subdivision; 60K.19, subdivision 8; 72B.04, subdivisions 6, 7; 80B.03, subdivision 4a; 82.195, subdivision 2; 82.196, subdivision 2; 82.197, subdivisions 1, 4, by adding a subdivision; 82.22, subdivision 13; 82.24, subdivision 8; 82.27, subdivision 3; 82.34, subdivision 15, by adding a subdivision; 82B.14; 317A.203; 326.91, subdivision 1; 326.975, subdivision 1; 332.41; 359.02; 507.45, subdivision 3.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Oliver, Scheid and Wiener.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Entenza moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1541. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1561, A bill for an act relating to commerce; revised Article 9 of the Uniform Commercial Code; making corrective and conforming amendments; appropriating money; amending Minnesota Statutes 2000, sections 27.138, subdivisions 2 and 3; 86B.820, subdivisions 10 and 11; 86B.880, subdivision 2; 168A.01, subdivisions 18 and 19; 168A.05, subdivision 8; 168A.17, subdivision 2; 169A.63, subdivisions 7 and 11; 268.058, subdivision 1; 270.69, subdivisions 2, 9, and 13; 270.7001, subdivision 4; 272.483; 272.484; 272.488, subdivision 3; 277.20, subdivision 8; 300.112, subdivision 1; 325L.16; 336.2-210; 336.9-102; 336.9-201; 336.9-203; 336.9-311; 336.9-317; 336.9-334; 336.9-407; 336.9-509; 336.9-521; 336.9-601; 336.9-607; 336.9-617; 336.9-619; 336A.01, subdivision 4; 507.24, subdivision 2; 514.18, subdivision 2; 514.221, subdivisions 2 and 3; 514.661, subdivisions 3, 4, 5, and 6; 514.945, subdivisions 2, 4, and 6; 515B.3-116; 515B.3-117; 550.13; 557.12, subdivision 5; 583.26, subdivisions 1 and 2; and 583.284; Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law in Minnesota Statutes, chapters 336; 507; 508; and 508A; repealing Minnesota Statutes 2000, sections 168A.17, subdivision 3; 336.11-101; 336.11-102; 336.11-103; 336.11-104; 336.11-105; 336.11-106; 336.11-107; and 336.11-108; Minnesota Rules, parts 8260.0600; 8260.0700; 8260.0800; 8260.0900; 8260.1000; 8260.1100; 8270.0010; 8270.0050; 8270.0100; 8270.0105; 8270.0110; 8270.0115; 8270.0200; 8270.0205; 8270.0210; 8270.0215; 8270.0220; 8270.0225; 8270.0230; 8270.0235; 8270.0240; 8270.0245; 8270.0255; 8270.0260; 8270.0265; and 8270.0270.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Hottinger, Chaudhary and Neuville.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Entenza moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1561. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1769, A bill for an act relating to transportation; allowing commissioner of transportation to convey interest in certain land to property owners; modifying provisions for speed limits in highway work zones; modifying seasonal highway weight limitations; transferring responsibilities from transportation regulation board to
commissioner of transportation; transferring, discontinuing, or changing description of portions of certain trunk highways; making technical and clarifying changes; repealing obsolete or invalid provisions; amending Minnesota Statutes 2000, sections 161.114; 161.115, subdivisions 36, 48, and by adding a subdivision; 161.24, subdivision 4; 161.442; 169.14, subdivision 5d; 169.825, subdivision 11; 174.02, subdivisions 4 and 5; 174.10, subdivisions 1, 3, and 4; 174A.02, subdivisions 1, 2, and 4; 174A.04; 174A.06; 218.031, subdivision 2; 218.041, subdivisions 4, 5, and 6; 219.074, subdivision 2; 219.384, subdivision 2; and 219.402; repealing Minnesota Statutes 2000, sections 174A.01; 174A.02, subdivision 5; 174A.03; 174A.05; 219.558; 219.559; 219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 219.71; 219.741; 219.743; 219.751; 219.755; 219.85; 219.97; 222.631; 222.632; and 222.633.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Ourada, Metzen and Johnson, Dean.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Workman moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1769. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 577, A bill for an act relating to metropolitan government; regulating transit on park roads in St. Paul; preserving an existing transit route; amending Minnesota Statutes 2000, section 473.411, subdivision 5.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Anderson, Sabo and Chaudhary.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Hausman moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 577. The motion prevailed.
The following Conference Committee Reports were received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 707
A bill for an act relating to crime prevention; classifying Carisoprodol as a controlled substance upon the effective date of a final rule adding Carisoprodol to the federal schedules of controlled substances; amending Laws 1997, chapter 239, article 4, section 15, as amended.
May 15, 2001
The Honorable Steve Sviggum
Speaker of the House of Representatives
The Honorable Don Samuelson
President of the Senate
We, the undersigned conferees for H. F. No. 707, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments.
We request adoption of this report and repassage of the bill.
House Conferees: Wes Skoglund, Richard Mulder and James T. Clark.
Senate Conferees: Randy C. Kelly, Don Betzold and Warren Limmer.
Skoglund moved that the report of the Conference Committee on H. F. No. 707 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 707, A bill for an act relating to crime prevention; classifying Carisoprodol as a controlled substance upon the effective date of a final rule adding Carisoprodol to the federal schedules of controlled substances; amending Laws 1997, chapter 239, article 4, section 15, as amended.
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 127 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Anderson, B. | Buesgens | Kielkucki | Krinkie | Olson | Wilkin | |
The bill was repassed, as amended by Conference, and its title agreed to.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 1153
A bill for an act relating to local government; exempting certain building projects from the requirement to employ an architect; amending Minnesota Statutes 2000, section 326.03, by adding a subdivision.
May 16, 2001
The Honorable Steve Sviggum
Speaker of the House of Representatives
The Honorable Don Samuelson
President of the Senate
We, the undersigned conferees for H. F. No. 1153, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1153 be further amended as follows:
Page 1, line 10, delete "$150,000" and insert "$50,000"
Page 1, line 13, delete "$150,000" and insert "$50,000"
Page 1, after line 16, insert:
"Section 1. [STUDY.]
The board of architects, engineers, surveyors, landscape architects, geoscientists, and interior designers, in conjunction with various local government organizations such as the Association of Minnesota Counties, the Minnesota Association of Townships, the Association of Small Cities, and the League of Minnesota Cities, shall undertake a study and analysis of buildings and structures constructed by local governmental units involving projects with a cost of up to $150,000 to identify buildings which can be constructed without the use of an architect or engineer licensed under Minnesota Statutes, sections 326.01 to 326.15, without endangering the public health, safety, and welfare. The study shall also consider buildings allowed under the exemption created under section 326.03, subdivision 2a. The study shall be completed not later than January 15, 2002, and the board must report to the appropriate standing committees of the legislature by February 1, 2002.
Sec. 2. [EDUCATIONAL PROGRAM.]
The board of architects, engineers, surveyors, landscape architects, geoscientists, and interior designers shall develop and implement a program to educate local units of government on the requirements for using architects and engineers with respect to the construction of public buildings and structures, including exempt buildings, not later than January 1, 2002.
Sec. 3. [EFFECTIVE DATE.]
Sections 2 and 3 are effective the day following final enactment."
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "providing for a study, a report to the legislature, and an educational program by the board of architects, engineers, surveyors, landscape architects, geoscientists, and interior designers relating to the design and construction of local government buildings;"
Renumber the sections in sequence
We request adoption of this report and repassage of the bill.
House Conferees: Richard Mulder, Doug Fuller and Stephen G. Wenzel.
Senate Conferees: Arlene J. Lesewski, Dan Stevens and Steve Murphy.
Mulder moved that the report of the Conference Committee on H. F. No. 1153 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1153, A bill for an act relating to local government; exempting certain building projects from the requirement to employ an architect; amending Minnesota Statutes 2000, section 326.03, by adding a subdivision.
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 131 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| DibbleMurphy | ||
The bill was repassed, as amended by Conference, and its title agreed to.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 1155
A bill for an act relating to insurance; regulating action plans of certain health plan companies; requiring an affirmative provider consent to participate in a network under a category of coverage; requiring disclosure of changes in a provider's contract; imposing a moratorium on managed care auto insurance plans; amending Minnesota Statutes 2000, sections 62Q.07; 62Q.74, subdivisions 2, 3, and 4; proposing coding for new law in Minnesota Statutes, chapter 62Q.
May 17, 2001
The Honorable Steve Sviggum
Speaker of the House of Representatives
The Honorable Don Samuelson
President of the Senate
We, the undersigned conferees for H. F. No. 1155, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1155 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2000, section 62D.08, subdivision 5, is amended to read:
Subd. 5. [CHANGES IN PARTICIPATING ENTITIES; PENALTY.] Every health maintenance organization
shall inform the commissioner of any change in the information described in section 62D.03, subdivision 4, clause
(e), including any change in address, any modification of the duration of any contract or agreement, and any addition
to the list of participating entities, within ten working days of the notification of the change. Any cancellation
or discontinuance of any contract or agreement listed in section 62D.03, subdivision 4, clause (e), or listed
subsequently in accordance with this subdivision, shall be reported to the commissioner 120 days before the effective
date. When the health maintenance organization terminates a provider for cause, death, disability, or loss of license,
the health maintenance organization must notify the commissioner within three ten working days
of the date the health maintenance organization sends out or receives the notice of cancellation, discontinuance, or
termination. Any health maintenance organization which fails to notify the commissioner within the time periods
prescribed in this subdivision shall be subject to the levy of a fine up to $200 per contract for each day the notice is
past due, accruing
up to the date the organization notifies the commissioner of the cancellation or discontinuance. Any fine levied under this subdivision is subject to the contested case and judicial review provisions of chapter 14. The levy of a fine does not preclude the commissioner from using other penalties described in sections 62D.15 to 62D.17.
Sec. 2. Minnesota Statutes 2000, section 62N.25, subdivision 7, is amended to read:
Subd. 7. [EXEMPTIONS FROM EXISTING REQUIREMENTS.] Community integrated service networks are exempt from the following requirements applicable to health maintenance organizations:
(1) conducting focused studies under Minnesota Rules, part 4685.1125;
(2) preparing and filing, as a condition of licensure, a written quality assurance plan, and annually filing such a plan and a work plan, under Minnesota Rules, parts 4685.1110 and 4685.1130;
(3) maintaining statistics under Minnesota Rules, part 4685.1200;
(4) filing provider contract forms under sections 62D.03, subdivision 4, and 62D.08, subdivision 1; and
(5) reporting any changes in the address of a network provider or length of a provider contract or additions
to the provider network to the commissioner within ten days under section 62D.08, subdivision 5. Community
networks must report such information to the commissioner on a quarterly basis. Community networks that fail to
make the required quarterly filing are subject to the penalties set forth in section 62D.08, subdivision 5; and
(6) preparing and filing, as a condition of licensure, a marketing plan, and annually filing a marketing
plan, under sections 62D.03, subdivision 4, paragraph (l), and 62D.08, subdivision 1.
Sec. 3. Minnesota Statutes 2000, section 62Q.19, subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION.] The commissioner shall designate essential community providers. The criteria for essential community provider designation shall be the following:
(1) a demonstrated ability to integrate applicable supportive and stabilizing services with medical care for
uninsured persons and high-risk and special needs populations as defined in section 62Q.07, subdivision 2,
paragraph (e), underserved, and other special needs populations; and
(2) a commitment to serve low-income and underserved populations by meeting the following requirements:
(i) has nonprofit status in accordance with chapter 317A;
(ii) has tax exempt status in accordance with the Internal Revenue Service Code, section 501(c)(3);
(iii) charges for services on a sliding fee schedule based on current poverty income guidelines; and
(iv) does not restrict access or services because of a client's financial limitation;
(3) status as a local government unit as defined in section 62D.02, subdivision 11, a hospital district created or reorganized under sections 447.31 to 447.37, an Indian tribal government, an Indian health service unit, or a community health board as defined in chapter 145A;
(4) a former state hospital that specializes in the treatment of cerebral palsy, spina bifida, epilepsy, closed head injuries, specialized orthopedic problems, and other disabling conditions; or
(5) a rural hospital that has qualified for a sole community hospital financial assistance grant in the past three years under section 144.1484, subdivision 1. For these rural hospitals, the essential community provider designation applies to all health services provided, including both inpatient and outpatient services.
Prior to designation, the commissioner shall publish the names of all applicants in the State Register. The public shall have 30 days from the date of publication to submit written comments to the commissioner on the application. No designation shall be made by the commissioner until the 30-day period has expired.
The commissioner may designate an eligible provider as an essential community provider for all the services offered by that provider or for specific services designated by the commissioner.
For the purpose of this subdivision, supportive and stabilizing services include at a minimum, transportation, child care, cultural, and linguistic services where appropriate.
Sec. 4. Minnesota Statutes 2000, section 62Q.74, subdivision 2, is amended to read:
Subd. 2. [PROVIDER CONSENT REQUIRED.] (a) No network organization shall require a health care provider to participate in a network under a category of coverage that differs from the category or categories of coverage to which the existing contract between the network organization and the provider applies, without the affirmative consent of the provider obtained under subdivision 3.
(b) This section does not apply to situations in which the network organization wishes the provider to participate in a new or different plan or other arrangement within a category of coverage that is already provided for in an existing contract between the network organization and the provider.
(c) Compliance with this section may not be waived in a contract or otherwise.
Sec. 5. Minnesota Statutes 2000, section 62Q.74, subdivision 3, is amended to read:
Subd. 3. [CONSENT PROCEDURE.] (a) The network organization, if it wishes to apply an existing contract with a provider to a different category of coverage, shall first notify the provider in writing. The written notice must include at least the following:
(1) the network organization's name, address, and telephone number, and the name of the specific network, if it differs from that of the network organization;
(2) a description of the proposed new category of coverage;
(3) the names of all payers expected by the network organization to use the network for the new category of coverage;
(4) the approximate number of current enrollees of the network organization in that category of coverage within the provider's geographical area;
(5) a disclosure of all contract terms of the proposed new category of coverage, including the discount or reduced fees, care guidelines, utilization review criteria, prior authorization process, and dispute resolution process;
(6) a form for the provider's convenience in accepting or declining participation in the proposed new category of coverage, provided that the provider need not use that form in responding; and
(7) a statement informing the provider of the provisions of paragraph (b).
(b) If the provider does not decline participation within 30 days after the postmark date of the notice, the
provider is deemed to have accepted the proposed new category of coverage Unless the provider has
affirmatively agreed to participate within 60 days after the postmark date of the notice, the provider is deemed to
have not accepted the proposed new category of coverage.
Sec. 6. [62Q.745] [PROVIDER CONTRACT AMENDMENT DISCLOSURE.]
(a) Any amendment or change in the terms of an existing contract between a network organization and a health care provider must be disclosed to the provider.
(b) Any amendment or change in the contract that alters the financial reimbursement or alters the written contractual policies and procedures governing the relationship between the provider and the network organization must be disclosed to the provider before the amendment or change is deemed to be in effect.
(c) For purposes of this section, "network organization" and "health care provider" or "provider" have the meanings given in section 62Q.74.
Sec. 7. [62Q.746] [ACCESS TO CERTAIN INFORMATION REGARDING PROVIDERS.]
Upon request of the commissioner, a health plan company licensed under chapters 62C and 62D, must provide the following information:
(1) a detailed description of the health plan company's methods and procedures, standards, qualifications, criteria, and credentialing requirements for designating the providers who are eligible to participate in the health plan company's provider network, including any limitations on the numbers of providers to be included in the network;
(2) the number of full-time equivalent physicians, by specialty, nonphysician providers, and allied health providers used to provide services; and
(3) summary data that is broken down by type of provider, reflecting actual utilization of network and non-network practitioners and allied professionals by enrollees of the health plan company.
Sec. 8. Minnesota Statutes 2000, section 256B.692, subdivision 2, is amended to read:
Subd. 2. [DUTIES OF THE COMMISSIONER OF HEALTH.] (a) Notwithstanding chapters 62D and 62N, a county that elects to purchase medical assistance and general assistance medical care in return for a fixed sum without regard to the frequency or extent of services furnished to any particular enrollee is not required to obtain a certificate of authority under chapter 62D or 62N. The county board of commissioners is the governing body of a county-based purchasing program. In a multicounty arrangement, the governing body is a joint powers board established under section 471.59.
(b) A county that elects to purchase medical assistance and general assistance medical care services under this section must satisfy the commissioner of health that the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, or chapter 62N, applicable to community integrated service networks, will be met.
(c) A county must also assure the commissioner of health that the requirements of sections 62J.041; 62J.48; 62J.71
to 62J.73; 62M.01 to 62M.16; all applicable provisions of chapter 62Q, including sections 62Q.07; 62Q.075;
62Q.1055; 62Q.106; 62Q.12; 62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c); 62Q.43; 62Q.47; 62Q.50;
62Q.52 to 62Q.56; 62Q.58; 62Q.64; 62Q.68 to 62Q.72; and 72A.201 will be met.
(d) All enforcement and rulemaking powers available under chapters 62D, 62J, 62M, 62N, and 62Q are hereby granted to the commissioner of health with respect to counties that purchase medical assistance and general assistance medical care services under this section.
(e) The commissioner, in consultation with county government, shall develop administrative and financial reporting requirements for county-based purchasing programs relating to sections 62D.041, 62D.042, 62D.045, 62D.08, 62N.28, 62N.29, and 62N.31, and other sections as necessary, that are specific to county administrative, accounting, and reporting systems and consistent with other statutory requirements of counties.
Sec. 9. [TASK FORCE ON SMALL BUSINESS HEALTH INSURANCE.]
(a) The task force on small business health insurance shall study Minnesota's health coverage market available to small businesses and make recommendations for solutions that could make group health coverage more accessible and affordable for small businesses. The task force shall recommend any legislative changes needed to permit those solutions.
(b) The task force shall report its recommendations in writing to the legislature, in compliance with Minnesota Statutes, section 3.195, no later than December 15, 2001.
(c) The commissioners of commerce and health shall provide any necessary assistance to the task force.
(d) The task force consists of the following members:
(1) three members of the senate, including at least one member of the minority, appointed by the subcommittee on committees of the senate committee on rules and administration;
(2) three members of the house, including at least one member of the minority, appointed by the speaker of the house;
(3) four persons representing small business owners, three appointed by the Minnesota chamber of commerce and one appointed by the national federation of independent business;
(4) two persons appointed by the Minnesota council of health plans;
(5) one person appointed by the insurance federation of Minnesota;
(6) one insurance agent, appointed by the Minnesota association of health underwriters;
(7) the commissioner of commerce or the commissioner's designee; and
(8) four consumers appointed by the commissioner, two of whom must reside outside the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2.
(e) The task force shall not provide compensation or expense reimbursement to its members.
(f) The task force expires on June 30, 2002.
Sec. 10. [MORATORIUM.]
Subdivision 1. [MORATORIUM ON NEW MANAGED CARE AUTOMOBILE INSURANCE PLANS.] No automobile insurance company licensed under Minnesota Statutes, chapter 60A, and authorized to provide automobile no-fault coverage or any health plan company as defined under Minnesota Statutes, section 62Q.01, subdivision 4, may enter into any contracts that provide, or that have the effect of providing, managed care services to no-fault claimants between January 1, 2001, and June 30, 2002. For the purposes of this section, "managed care services" is defined as any program of medical services that uses health care providers managed, owned, employed by, or under contract with a health plan company. This subdivision may not be construed to impact the legality of the use of managed care services for no-fault benefits.
Subd. 2. [EXISTING MANAGED CARE CONTRACTS.] Any health plan company or automobile insurer that is party to a contract subject to the moratorium set forth in subdivision 1, in existence prior to the moratorium created on January 1, 2001, must comply with the following provisions during the moratorium created under this act:
(1) no such contract shall be extended to any additional insurers; and
(2) if a provider has declined to participate in a category of coverage, the network organization must permit the provider the opportunity to participate in that category of coverage on a biennial basis.
Subd. 3. [SUNSET.] This section is repealed effective June 30, 2002.
Sec. 11. [REPEALER.]
Minnesota Statutes 2000, section 62Q.07, is repealed.
Sec. 12. [EFFECTIVE DATE.]
Sections 1, 2, 3, 8, 9, 10, and 11 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to insurance; requiring health plan companies to provide certain information when requested by the commissioner; requiring an affirmative provider consent to participate in a network under a category of coverage; requiring disclosure of changes in a provider's contract; establishing a moratorium on managed care automobile insurance plans; defining health benefit plan for certain purposes; establishing a task force on small business health insurance; repealing the requirement for an action plan; removing a penalty; amending Minnesota Statutes 2000, sections 62D.08, subdivision 5; 62N.25, subdivision 7; 62Q.19, subdivision 1; 62Q.74, subdivisions 2, 3; 256B.692, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2000, section 62Q.07."
We request adoption of this report and repassage of the bill.
House Conferees: Jim Abeler, Gregory M. Davids and Bernard L. "Bernie" Lieder.
Senate Conferees: Dallas C. Sams, William V. Belanger, Jr., and John C. Hottinger.
Abeler moved that the report of the Conference Committee on H. F. No. 1155 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1155, A bill for an act relating to insurance; regulating action plans of certain health plan companies; requiring an affirmative provider consent to participate in a network under a category of coverage; requiring disclosure of changes in a provider's contract; imposing a moratorium on managed care auto insurance plans; amending Minnesota Statutes 2000, sections 62Q.07; 62Q.74, subdivisions 2, 3, and 4; proposing coding for new law in Minnesota Statutes, chapter 62Q.
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 123 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Clark, K. | Hausman | Leighton | Paymar | Solberg | Wagenius | |
| Dawkins | Kahn | Osthoff | Skoglund | |||
The bill was repassed, as amended by Conference, and its title agreed to.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 1507
A bill for an act relating to municipal planning; zoning; clarifying the treatment of legal nonconforming uses; amending Minnesota Statutes 2000, section 462.357, by adding a subdivision.
May 15, 2001
The Honorable Steve Sviggum
Speaker of the House of Representatives
The Honorable Don Samuelson
President of the Senate
We, the undersigned conferees for H. F. No. 1507, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment.
We request adoption of this report and repassage of the bill.
House Conferees: Dave Bishop, Jerry Dempsey and Bob Milbert.
Senate Conferees: Keith Langseth, Jim Vickerman and Charles W. Wiger.
Bishop moved that the report of the Conference Committee on H. F. No. 1507 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1507, A bill for an act relating to municipal planning; zoning; clarifying the treatment of legal nonconforming uses; amending Minnesota Statutes 2000, section 462.357, by adding a subdivision.
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 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Holsten | Lieder | Ozment | Swenson | |
| Abrams | Eastlund | Howes | Lindner | Paulsen | Sykora | |
| Anderson, B. | Entenza | Huntley | Lipman | Pawlenty | Thompson | |
| Anderson, I. | Erhardt | Jacobson | Luther | Paymar | Tingelstad | |
| Bakk | Erickson | Jaros | Mahoney | Pelowski | Tuma | |
| Bernardy | Evans | Jennings | Mares | Penas | Vandeveer | |
| Biernat | Finseth | Johnson, J. | Mariani | Peterson | Wagenius | |
| Bishop | Folliard | Johnson, R. | Marko | Rhodes | Walker | |
| Boudreau | Fuller | Johnson, S. | Marquart | Rifenberg | Walz | |
| Bradley | Gerlach | Juhnke | McElroy | Rukavina | Wasiluk | |
| Buesgens | Gleason | Kahn | McGuire | Ruth | Wenzel | |
| Carlson | Goodno | Kalis | Milbert | Schumacher | Westerberg | |
| Cassell | Goodwin | Kelliher | Molnau | Seagren | Westrom | |
| Clark, J. | Gray | Kielkucki | Mulder | Seifert | Wilkin | |
| Clark, K. | Greiling | Knoblach | Mullery | Sertich | Winter | |
| Daggett | Gunther | Koskinen | Murphy | Skoe | Wolf | |
| Davids | Haas | Krinkie | Ness | Skoglund | Workman | |
| Davnie | Hackbarth | Kubly | Nornes | Slawik | Spk. Sviggum | |
| Dawkins | Harder | Kuisle | Olson | Smith | ||
| Dehler | Hausman | Larson | Opatz | Solberg | ||
| Dempsey | Hilstrom | Leighton | Osskopp | Stanek | ||
| Dibble | Hilty | Lenczewski | Osthoff | Stang | ||
| Dorman | Holberg | Leppik | Otremba | Swapinski | ||
The bill was repassed, as amended by Conference, and its title agreed to.
LEGISLATIVE ADMINISTRATION
Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately preceding the remaining bills on the Calendar for the Day, for Friday, May 18, 2001:
H. F. Nos. 2516 and 2519; S. F. Nos. 795 and 861; H. F. Nos. 1569 and 1028; S. F. Nos. 1082, 1124, 846, 1324 and 1344; H. F. No. 1080; and S. F. No. 866.
S. F. No. 795, A bill for an act relating to natural resources; requiring the continuation of grant-in-aid snowmobile trail access when the commissioner of natural resources acquires land; permitting all-terrain vehicles to be operated on certain recreational land trails in Mille Lacs and Pine counties; amending Minnesota Statutes 2000, section 84.83, by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 105 yeas and 28 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Jacobson | Mahoney | Pawlenty | Swenson | |
| Abrams | Eastlund | Johnson, J. | Mares | Pelowski | Sykora | |
| Anderson, B. | Erhardt | Johnson, R. | Mariani | Penas | Thompson | |
| Anderson, I. | Erickson | Johnson, S. | Marko | Peterson | Tingelstad | |
| Bakk | Evans | Juhnke | Marquart | Rhodes | Tuma | |
| Bishop | Finseth | Kalis | McElroy | Rifenberg | Vandeveer | |
| Boudreau | Folliard | Kielkucki | Milbert | Rukavina | Walz | |
| Bradley | Fuller | Knoblach | Molnau | Ruth | Wenzel | |
| Buesgens | Gerlach | Krinkie | Mulder | Schumacher | Westerberg | |
| Carlson | Goodno | Kubly | Murphy | Seagren | Westrom | |
| Cassell | Gunther | Kuisle | Ness | Seifert | Wilkin | |
| Clark, J. | Haas | Larson | Nornes | Sertich | Winter | |
| Daggett | Hackbarth | Leighton | Olson | Skoe | Wolf | |
| Davids | Harder | Lenczewski | Opatz | Slawik | Workman | |
| Davnie | Hilty | Leppik | Osskopp | Smith | Spk. Sviggum | |
| Dehler | Holberg | Lieder | Otremba | Solberg | ||
| Dempsey | Holsten | Lindner | Ozment | Stanek | ||
| Dorman | Howes | Lipman | Paulsen | Stang | ||
Those who voted in the negative were:
| Bernardy | Entenza | Hausman | Kahn | Mullery | Wagenius | |
| Biernat | Gleason | Hilstrom | Kelliher | Osthoff | Walker | |
| Clark, K. | Goodwin | Huntley | Koskinen | Paymar | Wasiluk | |
| Dawkins | Gray | Jaros | Luther | Skoglund | ||
| Dibble | Greiling | Jennings | McGuire | Swapinski | ||
The bill was passed and its title agreed to.
S. F. No. 1124, A bill for an act relating to retirement; providing continued insurance coverage for spouses of certain retirees.
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:
Those who voted in the negative were:
| Gerlach | Krinkie | Smith | |
The bill was passed and its title agreed to.
S. F. No. 846, A bill for an act relating to public safety; authorizing use of the criminal justice data communications network for determining if civil commitment petitions of proposed patient as sexual psychopathic or sexually dangerous person should be filed; amending Minnesota Statutes 2000, section 299C.46, subdivision 3.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
S. F. No. 1324, A bill for an act relating to public safety; modifying training requirements that the rules of the board of private detective and protective agent services must address; amending Minnesota Statutes 2000, sections 326.32, subdivision 1a, by adding a subdivision; 326.3361, subdivisions 1, 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Holsten | Lieder | Ozment | Swenson | |
| Abrams | Eastlund | Howes | Lindner | Paulsen | Sykora | |
| Anderson, B. | Entenza | Huntley | Lipman | Pawlenty | Thompson | |
| Anderson, I. | Erhardt | Jacobson | Luther | Paymar | Tingelstad | |
| Bakk | Erickson | Jaros | Mahoney | Pelowski | Tuma | |
| Bernardy | Evans | Jennings | Mares | Penas | Vandeveer | |
| Biernat | Finseth | Johnson, J. | Mariani | Peterson | Wagenius | |
| Bishop | Folliard | Johnson, R. | Marko | Rhodes | Walker | |
| Boudreau | Fuller | Johnson, S. | Marquart | Rifenberg | Walz | |
| Bradley | Gerlach | Juhnke | McElroy | Rukavina | Wasiluk | |
| Buesgens | Gleason | Kahn | McGuire | Ruth | Wenzel | |
| Carlson | Goodno | Kalis | Milbert | Schumacher | Westerberg | |
| Cassell | Goodwin | Kelliher | Molnau | Seagren | Westrom | |
| Clark, J. | Gray | Kielkucki | Mulder | Seifert | Wilkin | |
| Clark, K. | Greiling | Knoblach | Mullery | Sertich | Winter | |
| Daggett | Gunther | Koskinen | Murphy | Skoe | Wolf | |
| Davids | Haas | Krinkie | Ness | Skoglund | Workman | |
| Davnie | Hackbarth | Kubly | Nornes | Slawik | Spk. Sviggum | |
| Dawkins | Harder | Kuisle | Olson | Smith | ||
| Dehler | Hausman | Larson | Opatz | Solberg | ||
| Dempsey | Hilstrom | Leighton | Osskopp | Stanek | ||
| Dibble | Hilty | Lenczewski | Osthoff | Stang | ||
| Dorman | Holberg | Leppik | Otremba | Swapinski | ||
The bill was passed and its title agreed to.
H. F. No. 1569, A bill for an act relating to state government; reclassifying certain Minnesota state colleges and universities positions as classified; amending Minnesota Statutes 2000, section 43A.08, subdivision 1.
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 122 yeas and 11 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Hilty | Lieder | Ozment | Swenson | |
| Abrams | Dorn | Holsten | Lindner | Pawlenty | Sykora | |
| Anderson, B. | Eastlund | Howes | Lipman | Paymar | Thompson | |
| Anderson, I. | Entenza | Huntley | Luther | Pelowski | Tingelstad | |
| Bakk | Erhardt | Jacobson | Mahoney | Penas | Tuma | |
| Bernardy | Erickson | Jaros | Mares | Peterson | Vandeveer | |
| Biernat | Evans | Jennings | Mariani | Rhodes | Wagenius | |
| Bishop | Finseth | Johnson, J. | Marko | Rifenberg | Walker | |
| Boudreau | Folliard | Johnson, R. | Marquart | Rukavina | Walz | |
| Bradley | Fuller | Johnson, S. | McElroy | Ruth | Wasiluk | |
| Carlson | Gleason | Juhnke | McGuire | Schumacher | Wenzel | |
| Cassell | Goodno | Kahn | Milbert | Seagren | Westerberg | |
| Clark, J. | Goodwin | Kalis | Molnau | Seifert | Westrom | |
| Clark, K. | Gray | Kelliher | Mullery | Sertich | Winter | |
| Daggett | Greiling | Koskinen | Murphy | Skoe | Wolf | |
| Davids | Gunther | Kubly | Ness | Skoglund | Workman | |
| Davnie | Haas | Kuisle | Nornes | Slawik | Spk. Sviggum | |
| Dawkins | Hackbarth | Larson | Opatz | Smith | ||
| Dehler | Harder | Leighton | Osskopp | Solberg | ||
| Dempsey | Hausman | Lenczewski | Osthoff | Stanek | ||
| Dibble | Hilstrom | Leppik | Otremba | Swapinski | ||
Those who voted in the negative were:
| Buesgens | Holberg | Knoblach | Mulder | Paulsen | Wilkin | |
| Gerlach | Kielkucki | Krinkie | Olson | Stang | ||
The bill was passed and its title agreed to.
Seifert moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.
Schumacher moved that her name be stricken as an author on H. F. No. 2528. The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1495:
Swenson, Finseth and Juhnke.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1541:
Entenza, Davids and Stang.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1561:
Entenza, Davids and Stang.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1769:
Workman, Ruth and Juhnke.
Seifert moved that when the House adjourns today it adjourn until 8:00 a.m., Saturday, May 19, 2001. The motion prevailed.
Seifert moved that the House adjourn. The motion prevailed, and Speaker pro tempore Boudreau declared the House stands adjourned until 8:00 a.m., Saturday, May 19, 2001.
Edward A. Burdick, Chief Clerk, House of Representatives