1.1    .................... moves to amend H. F. No. 3381 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2006, section 462A.22, subdivision 1, is amended to
1.6read:
1.7    Subdivision 1. Debt ceiling. The aggregate principal amount of bonds and notes
1.8which are outstanding at any time, excluding the principal amount of any bonds and
1.9notes refunded by the issuance of new bonds or notes, shall not exceed the sum of
1.10$3,000,000,000 $5,000,000,000.

1.13	Section 1. SUMMARY OF APPROPRIATIONS.

1.14    The amounts shown in this section summarize direct appropriations by fund made
1.15in this article.

1.16			2008		2009		Total
1.17	General	$	0	$	(3,550,000)	$	(3,550,000)
1.18	State Government Special
1.19	Revenue		114,000		833,000		947,000
1.20	Total	$	114,000	$	(2,717,000)	$	(2,603,000)

1.21	Sec. 2. HEALTH APPROPRIATION.

1.22    The sums shown in the columns marked "Appropriations" are added to or, if shown
1.23in parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or other
1.24law to the agencies and for the purposes specified in this article. The appropriations
1.25are from the general fund, or another named fund, and are available for the fiscal years
2.1indicated for each purpose. The figures "2008" and "2009" used in this article mean
2.2that the addition or subtraction from appropriations listed under them are available for
2.3the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The first year" is
2.4fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is fiscal years
2.52008 and 2009. Supplemental appropriations and reductions for the fiscal year ending
2.6June 30, 2008, are effective the day following final enactment.

2.7				APPROPRIATIONS
2.8				Available for the Year
2.9				Ending June 30
2.10					2008		2009

2.11

Sec. 3. COMMISSIONER OF HEALTH

2.12

Subdivision 1.Total Appropriation

$

0

$

(2,917,000)

2.13	Appropriations by Fund
2.14		2008	2009
2.15	General	0	(3,550,000)
2.16 2.17	State Government Special Revenue	0	633,000

2.18

Subd. 2.Community and Family Health

0

(1,900,000)

2.19Positive Alternatives. The appropriation for
2.20the positive abortion alternatives program,
2.21under Minnesota Statutes, section 145.4235
2.22is reduced by $1,900,000 in the second
2.23year. Base level funding for this program
2.24is reduced by $1,900,000 each year of the
2.25biennium beginning July 1, 2009.

2.26

Subd. 3.Health Protection

0

633,000

2.27Base Adjustment. The state government
2.28special revenue fund base is increased
2.29$633,000 in fiscal year 2009, and $722,000
2.30in fiscal years 2010 and 2011.

2.31

Subd. 4.Administrative Support Services

0

(1,650,000)

2.32Base Adjustment. The general fund base is
2.33reduced $1,650,000 in fiscal year 2009 and
2.34$1,581,000 in fiscal years 2010 and 2011.
3.1Operating Budget. The state Department
3.2of Health must implement this reduction
3.3in a manner that does not result in the loss
3.4of federal funds. All budget reductions
3.5must be made with an emphasis on cutting
3.6administrative and overhead expenses,
3.7including, but not limited to, outstate travel,
3.8instate travel, compensation and supplies,
3.9with as little impact as possible on programs
3.10and services.

3.11

Sec. 4. HEALTH RELATED BOARDS.

3.12

Subdivision 1.Total Appropriation

2008

2009

3.13

State Government Special Revenue

$

114,000

$

200,000

3.14 3.15

Subd. 2.Board of Nursing Home Administrators

3.16

State Government Special Revenue

100,000

200,000

3.17Administrative Services Unit. The amounts
3.18appropriated are for the administrative
3.19services unit to pay for costs of contested
3.20case hearings and other unanticipated costs
3.21of legal proceedings involving health-related
3.22boards funded under Laws 2007, chapter
3.23147, article 19, section 6. Upon certification
3.24of a health-related board to the administrative
3.25services unit that such costs will be
3.26incurred and that there are insufficient
3.27funds available to pay for such costs out of
3.28funds currently available to that board, the
3.29administrative services unit is authorized
3.30to transfer funds from this appropriation
3.31to the board for payment of those costs
3.32with the approval of the commissioner of
3.33finance. This appropriation shall not cancel.
3.34Any unencumbered and unspent balances
4.1remain available for these expenditures in
4.2subsequent fiscal years.

4.3 4.4

Subd. 3.Board of Marriage and Family Therapy

4.5

State Government Special Revenue

14,000

0

4.6    Sec. 5. Minnesota Statutes 2006, section 144.1222, subdivision 1a, is amended to read:
4.7    Subd. 1a. Fees. All plans and specifications for public swimming pool and spa
4.8construction, installation, or alteration or requests for a variance that are submitted to the
4.9commissioner according to Minnesota Rules, part 4717.3975, shall be accompanied by the
4.10appropriate fees. All public pool construction plans submitted for review after January 1,
4.112009, must be certified by a professional engineer registered in the state of Minnesota.
4.12If the commissioner determines, upon review of the plans, that inadequate fees were
4.13paid, the necessary additional fees shall be paid before plan approval. For purposes of
4.14determining fees, a project is defined as a proposal to construct or install a public pool,
4.15spa, special purpose pool, or wading pool and all associated water treatment equipment
4.16and drains, gutters, decks, water recreation features, spray pads, and those design and
4.17safety features that are within five feet of any pool or spa. The commissioner shall charge
4.18the following fees for plan review and inspection of public pools and spas and for requests
4.19for variance from the public pool and spa rules:
4.20    (1) each spa pool, $500 $800;
4.21    (2) projects valued at $250,000 or less, a minimum of $800 per pool plus: each
4.22spa pool, $500;
4.23    (i) (3) for each slide, an additional $400; and
4.24    (ii) for each spa pool, an additional $500;
4.25    (3) (4) projects valued at $250,000 or more, the greater of the sum of the fees in
4.26clauses (1), (2), and (3) or 0.5 percent of the documented estimated project cost to a
4.27maximum fee of $10,000;
4.28    (4) (5) alterations to an existing pool without changing the size or configuration
4.29of the pool, $400;
4.30    (5) (6) removal or replacement of pool disinfection equipment only, $75; and
4.31    (6) (7) request for variance from the public pool and spa rules, $500.

4.32    Sec. 6. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
4.33to read:
4.34    Subd. 1c. Public pool construction. For all public pools constructed after January
4.351, 2009, without a gravity outlet or drain, each pump must be connected to at least two
5.1suction outlets, connected in parallel with suction outlet covers that meet ASME/ANSI
5.2standards.

5.3    Sec. 7. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
5.4to read:
5.5    Subd. 1d. Public pools; required equipment. (a) Beginning January 1, 2010, all
5.6public pools with the deepest water being less than four feet deep must have either:
5.7    (1) an unblockable suction outlet or drain;
5.8    (2) at least two suction outlets, connected in parallel with suction outlet covers that
5.9meet ASME/ANSI standards; or
5.10    (3) a gravity outlet or drain.
5.11    (b) Beginning January 1, 2011, all other existing public pools must have either:
5.12    (1) an unblockable suction outlet or drain;
5.13    (2) at least two suction outlets, connected in parallel with suction outlet covers that
5.14meet ASME/ANSI standards; or
5.15    (3) a gravity outlet or drain.
5.16    (c) By June 1, 2008, all drain covers and grates must be installed with screws that
5.17meet the manufacturer's specifications.
5.18    (d) By July 1, 2008, and annually thereafter, all public pool owners must certify to
5.19the commissioner on a form prescribed by the commissioner that:
5.20    (1) all outlets except for unblockable drains and gravity drains are equipped with
5.21covers that have been stamped by the manufacturer that they are in compliance with
5.22ASME/ANSI standards; and
5.23    (2) all covers and grates, including mounting rings, have been inspected to ensure
5.24that they have been properly installed and are not broken or loose.

5.25    Sec. 8. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
5.26to read:
5.27    Subd. 1e. Safety inspections. (a) The pool operator is required to conduct a
5.28physical inspection of the drain covers and grates on a daily basis. The record required
5.29under Minnesota Rules, part 4717.0750, must indicate that this inspection was completed
5.30every day the pool is open for use.
5.31    (b) If at any time an outlet cover or grate is missing, broken, or loose, the pool must
5.32be closed immediately. The pool may not open until the missing or broken cover or grate
5.33has been replaced according to the manufacturer's specifications, or the loose cover or
5.34grate has been reattached according to the manufacturer's specifications.

6.1    Sec. 9. Minnesota Statutes 2006, section 144.1222, is amended by adding a subdivision
6.2to read:
6.3    Subd. 4. Definitions. (a) For purposes of this section, the following terms have
6.4the meanings given them.
6.5    (b) "ASME/ANSI standard" means a safety standard accredited by the American
6.6National Standards Institute and published by the American Society of Mechanical
6.7Engineers.
6.8    (c) "ASTM standard" means a safety standard issued by ASTM International,
6.9formerly known as the American Society for Testing and Materials.
6.10    (d) "Public pool" means any pool other than a private residential pool, that is open to
6.11the public generally, whether for a fee or free of charge; open exclusively to members of
6.12an organization and their guests; residents of a multiunit apartment building, apartment
6.13complex, residential real estate development, or other multifamily residential area; or
6.14patrons of a hotel or lodging or other public accommodation facility; or operated by
6.15a person in a park, school, licensed child care facility, group home, motel, camp, resort,
6.16club, condominium, manufactured home park, or political subdivision with the exception
6.17of swimming pools at family day care homes licensed under section 245A.14, subdivision
6.1811, paragraph (a).
6.19    (e) "Unblockable suction outlet or drain" means a drain of any size and shape that a
6.20human body cannot sufficiently block to create a suction entrapment hazard and meets
6.21ASME/ANSI standards.

6.22    Sec. 10. Minnesota Statutes 2006, section 157.16, as amended by Laws 2007, chapter
6.23147, article 9, section 34, is amended to read:
6.24157.16 LICENSES REQUIRED; FEES.
6.25    Subdivision 1. License required annually. A license is required annually for
6.26every person, firm, or corporation engaged in the business of conducting a food and
6.27beverage service establishment, hotel, motel, lodging establishment, public pool, or
6.28resort. Any person wishing to operate a place of business licensed in this section shall
6.29first make application, pay the required fee specified in this section, and receive approval
6.30for operation, including plan review approval. Seasonal and temporary food stands and
6.31special event food stands are not required to submit plans. Nonprofit organizations
6.32operating a special event food stand with multiple locations at an annual one-day event
6.33shall be issued only one license. Application shall be made on forms provided by the
6.34commissioner and shall require the applicant to state the full name and address of the
6.35owner of the building, structure, or enclosure, the lessee and manager of the food and
7.1beverage service establishment, hotel, motel, lodging establishment, public pool, or resort;
7.2the name under which the business is to be conducted; and any other information as may
7.3be required by the commissioner to complete the application for license.
7.4    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage
7.5service establishments, hotels, motels, lodging establishments, public pools, and resorts
7.6shall be issued for the calendar year for which application is made and shall expire
7.7on December 31 of such year. Any person who operates a place of business after the
7.8expiration date of a license or without having submitted an application and paid the fee
7.9shall be deemed to have violated the provisions of this chapter and shall be subject to
7.10enforcement action, as provided in the Health Enforcement Consolidation Act, sections
7.11144.989 to 144.993. In addition, a penalty of $50 shall be added to the total of the license
7.12fee for any food and beverage service establishment operating without a license as a
7.13mobile food unit, a seasonal temporary or seasonal permanent food stand, or a special
7.14event food stand, and a penalty of $100 shall be added to the total of the license fee for all
7.15restaurants, food carts, hotels, motels, lodging establishments, public pools, and resorts
7.16operating without a license for a period of up to 30 days. A late fee of $300 shall be added
7.17to the license fee for establishments operating more than 30 days without a license.
7.18    Subd. 2a. Food manager certification. An applicant for certification or certification
7.19renewal as a food manager must submit to the commissioner a $28 nonrefundable
7.20certification fee payable to the Department of Health.
7.21    Subd. 3. Establishment fees; definitions. (a) The following fees are required for
7.22food and beverage service establishments, hotels, motels, lodging establishments, public
7.23pools, and resorts licensed under this chapter. Food and beverage service establishments
7.24must pay the highest applicable fee under paragraph (d), clause (1), (2), (3), or (4), and
7.25establishments serving alcohol must pay the highest applicable fee under paragraph (d),
7.26clause (6) or (7). The license fee for new operators previously licensed under this chapter
7.27for the same calendar year is one-half of the appropriate annual license fee, plus any
7.28penalty that may be required. The license fee for operators opening on or after October 1
7.29is one-half of the appropriate annual license fee, plus any penalty that may be required.
7.30    (b) All food and beverage service establishments, except special event food stands,
7.31and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
7.32annual base fee of $150.
7.33    (c) A special event food stand shall pay a flat fee of $40 annually. "Special event
7.34food stand" means a fee category where food is prepared or served in conjunction with
7.35celebrations, county fairs, or special events from a special event food stand as defined
7.36in section 157.15.
8.1    (d) In addition to the base fee in paragraph (b), each food and beverage service
8.2establishment, other than a special event food stand, and each hotel, motel, lodging
8.3establishment, public pool, and resort shall pay an additional annual fee for each fee
8.4category, additional food service, or required additional inspection specified in this
8.5paragraph:
8.6    (1) Limited food menu selection, $50. "Limited food menu selection" means a fee
8.7category that provides one or more of the following:
8.8    (i) prepackaged food that receives heat treatment and is served in the package;
8.9    (ii) frozen pizza that is heated and served;
8.10    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
8.11    (iv) soft drinks, coffee, or nonalcoholic beverages; or
8.12    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
8.13is prepared off site.
8.14    (2) Small establishment, including boarding establishments, $100. "Small
8.15establishment" means a fee category that has no salad bar and meets one or more of
8.16the following:
8.17    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
8.18grill, two hot holding containers, and one or more microwave ovens;
8.19    (ii) serves dipped ice cream or soft serve frozen desserts;
8.20    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
8.21    (iv) is a boarding establishment; or
8.22    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
8.23patron seating capacity of not more than 50.
8.24    (3) Medium establishment, $260. "Medium establishment" means a fee category
8.25that meets one or more of the following:
8.26    (i) possesses food service equipment that includes a range, oven, steam table, salad
8.27bar, or salad preparation area;
8.28    (ii) possesses food service equipment that includes more than one deep fat fryer,
8.29one grill, or two hot holding containers; or
8.30    (iii) is an establishment where food is prepared at one location and served at one or
8.31more separate locations.
8.32    Establishments meeting criteria in clause (2), item (v), are not included in this fee
8.33category.
8.34    (4) Large establishment, $460. "Large establishment" means either:
9.1    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
9.2medium establishment, (B) seats more than 175 people, and (C) offers the full menu
9.3selection an average of five or more days a week during the weeks of operation; or
9.4    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
9.5establishment, and (B) prepares and serves 500 or more meals per day.
9.6    (5) Other food and beverage service, including food carts, mobile food units,
9.7seasonal temporary food stands, and seasonal permanent food stands, $50.
9.8    (6) Beer or wine table service, $50. "Beer or wine table service" means a fee
9.9category where the only alcoholic beverage service is beer or wine, served to customers
9.10seated at tables.
9.11    (7) Alcoholic beverage service, other than beer or wine table service, $135.
9.12    "Alcohol beverage service, other than beer or wine table service" means a fee
9.13category where alcoholic mixed drinks are served or where beer or wine are served from
9.14a bar.
9.15    (8) Lodging per sleeping accommodation unit, $8, including hotels, motels,
9.16lodging establishments, and resorts, up to a maximum of $800. "Lodging per sleeping
9.17accommodation unit" means a fee category including the number of guest rooms, cottages,
9.18or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
9.19beds in a dormitory.
9.20    (9) First public swimming pool, $180; each additional public swimming pool, $100.
9.21"Public swimming pool" means a fee category that has the meaning given in Minnesota
9.22Rules, part 4717.0250, subpart 8 section 144.1222, subdivision 4.
9.23    (10) First spa, $110; each additional spa, $50. "Spa pool" means a fee category that
9.24has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
9.25    (11) Private sewer or water, $50. "Individual private water" means a fee category
9.26with a water supply other than a community public water supply as defined in Minnesota
9.27Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
9.28sewage treatment system which uses subsurface treatment and disposal.
9.29    (12) Additional food service, $130. "Additional food service" means a location at
9.30a food service establishment, other than the primary food preparation and service area,
9.31used to prepare or serve food to the public.
9.32    (13) Additional inspection fee, $300. "Additional inspection fee" means a fee to
9.33conduct the second inspection each year for elementary and secondary education facility
9.34school lunch programs when required by the Richard B. Russell National School Lunch
9.35Act.
10.1    (e) A fee of $350 for review of the construction plans must accompany the initial
10.2license application for restaurants, hotels, motels, lodging establishments, or resorts with
10.3five or more sleeping units.
10.4    (f) When existing food and beverage service establishments, hotels, motels, lodging
10.5establishments, or resorts are extensively remodeled, a fee of $250 must be submitted
10.6with the remodeling plans. A fee of $250 must be submitted for new construction or
10.7remodeling for a restaurant with a limited food menu selection, a seasonal permanent
10.8food stand, a mobile food unit, or a food cart, or for a hotel, motel, resort, or lodging
10.9establishment addition of less than five sleeping units.
10.10    (g) Seasonal temporary food stands and special event food stands are not required to
10.11submit construction or remodeling plans for review.
10.12    Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that
10.13operates a licensed boarding establishment, food and beverage service establishment,
10.14seasonal temporary or permanent food stand, special event food stand, mobile food unit,
10.15food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
10.16commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
10.17for establishments licensed by the Department of Health is required at the same time the
10.18licensure fee is due. For establishments licensed by local governments, the fee is due by
10.19July 1 of each year.
10.20    Subd. 4. Posting requirements. Every food and beverage service establishment,
10.21hotel, motel, lodging establishment, public pool, or resort must have the license posted in
10.22a conspicuous place at the establishment.

10.23    Sec. 11. DEPARTMENT OF HEALTH.
10.24    The positions held by the most recently hired deputy commissioner of health and the
10.25most recently hired assistant commissioner of health are abolished.
10.26EFFECTIVE DATE.This section is effective the day following final enactment.

10.27    Sec. 12. PROGRAMS CONSOLIDATED.
10.28    The commissioner of health shall consolidate the positive abortion alternatives
10.29program, under Minnesota Statutes, section 145.4235, and woman's right to know
10.30program, under Minnesota Statutes, section 145.4241 to 145.4249. In addition to
10.31consolidation of operations for these two programs, the Web sites for these programs
10.32shall be consolidated into one Web site.

10.33    Sec. 13. REVISOR'S INSTRUCTION.
11.1    The revisor of statutes shall change the public pool definition in Minnesota Rules,
11.2part 4717.0250, subpart 8, with the following language: "public pool" means any pool,
11.3other than a residential pool, that is open to the public generally, whether for a fee or free
11.4of charge; open exclusively to members of an organization and their guests; residents of
11.5a multiunit apartment building, apartment complex, residential real estate development,
11.6or other multifamily residential area; or patrons of a hotel or lodging or other public
11.7accommodation facility; or operated by a person in a park, school, licensed child care
11.8facility, group home, motel, camp, resort, club, condominium, manufactured home park,
11.9or political subdivision with the exception of swimming pools at family day care homes
11.10licensed under Minnesota Statutes, section 245A.14, subdivision 11, paragraph (a).

11.13

Section 1. SUMMARY OF APPROPRIATIONS.

11.14    The amounts shown in this section summarize direct appropriations by fund made
11.15in this article.

11.16			2008		2009		Total
11.17	General	$	0	$	1,237,000	$	1,237,000
11.18	Total	$	0	$	1,237,000	$	1,237,000

11.19

Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATION.

11.20    The sums shown in the columns marked "Appropriations" are added to or, if shown
11.21in parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or other
11.22law to the agencies and for the purposes specified in this article. The appropriations
11.23are from the general fund, or another named fund, and are available for the fiscal years
11.24indicated for each purpose. The figures "2008" and "2009" used in this article mean
11.25that the addition or subtraction from appropriations listed under them are available for
11.26the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The first year" is
11.27fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is fiscal years
11.282008 and 2009. Supplemental appropriations and reductions for the fiscal year ending
11.29June 30, 2008, are effective the day following final enactment.

11.30				APPROPRIATIONS
11.31				Available for the Year
11.32				Ending June 30
11.33					2008		2009

11.34 11.35

Sec. 3. APPROPRIATION FOR FOODSHELF PROGRAMS.

0

619,000

12.1$619,000 is appropriated in fiscal year 2009
12.2from the general fund to the commissioner of
12.3human services for foodshelf programs under
12.4Minnesota Statutes, section 256E.34. This
12.5appropriation is available until expended.

12.6 12.7 12.8

Sec. 4. APPROPRIATION FOR LONG-TERM HOMELESS SUPPORTIVE SERVICES.

0

618,000

12.9$618,000 is appropriated from the general
12.10fund to the commissioner of human services
12.11in fiscal year 2009 for the long-term homeless
12.12supportive services fund under Minnesota
12.13Statutes, section 256K.26. This appropriation
12.14is available until expended."