Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 623

STATE OF MINNESOTA

EIGHTY-SECOND SESSION 2001

__________________

TWENTY-FIRST DAY

Saint Paul, Minnesota, Monday, March 12, 2001

This Journal as a PDF document

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by Sister Mary Benita, Holy Cross Church, Northeast Minneapolis, 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 Holberg Lenczewski Osthoff Stanek
Abrams Dorn Holsten Leppik Otremba Stang
Anderson, B. Eastlund Howes Lieder Ozment Swapinski
Anderson, I. Entenza Huntley Lindner Paulsen Swenson
Bakk Erhardt Jacobson Lipman Pawlenty Sykora
Bernardy Erickson Jaros Luther Paymar Thompson
Biernat Evans Jennings Mahoney Pelowski Tingelstad
Bishop Finseth Johnson, J. Mares Penas Tuma
Boudreau Folliard Johnson, R. Marko Peterson Vandeveer
Bradley Fuller Johnson, S. Marquart Rhodes Wagenius
Buesgens Gerlach Juhnke McElroy Rifenberg Walker
Carlson Goodno Kahn McGuire Rukavina Walz
Cassell Goodwin Kalis Milbert Ruth Wasiluk
Clark, J. Gray Kelliher Molnau Schumacher Wenzel
Clark, K. Greiling Kielkucki Mulder Seagren Westerberg
Daggett Gunther Knoblach Mullery Seifert Westrom
Davids Haas Koskinen Murphy Sertich Wilkin
Davnie Hackbarth Krinkie Ness Skoe Winter
Dawkins Harder Kubly Nornes Skoglund Wolf
Dehler Hausman Kuisle Olson Slawik Workman
Dempsey Hilstrom Larson Opatz Smith Spk. Sviggum
Dibble Hilty Leighton Osskopp Solberg

A quorum was present.

Gleason, Mariani and Pugh were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Osskopp moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


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REPORTS OF CHIEF CLERK

S. F. No. 433 and H. F. No. 487, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Vandeveer moved that S. F. No. 433 be substituted for H. F. No. 487 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 480 and H. F. No. 37, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

McElroy moved that the rules be so far suspended that S. F. No. 480 be substituted for H. F. No. 37 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 647 and H. F. No. 456, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Westerberg moved that the rules be so far suspended that S. F. No. 647 be substituted for H. F. No. 456 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 8, 2001

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:


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H. F. No. 106, relating to agriculture; allowing certain members of the Minnesota agriculture education leadership council to designate permanent or temporary replacement members; extending the sunset date of the Minnesota agricultural education leadership council.

Sincerely,

Jesse Ventura

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2001 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2001 2001

106 6 2:35 p.m. March 8 March 8

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 18, A bill for an act relating to the amateur sports commission; authorizing grants for development of new soccer fields; establishing criteria for grants; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 240A.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State Government Finance.

The report was adopted.


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Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 116, A bill for an act relating to professions; extending the expiration date of the respiratory care practitioner advisory council; providing for cancellation of athletic trainer registration for nonrenewal after two years; amending Minnesota Statutes 2000, sections 147C.35, subdivision 2; and 148.7809, subdivision 4.

Reported the same back with the following amendments:

Page 2, after line 4, insert:

"Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective June 30, 2001."

With the recommendation that when so amended the bill pass.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 194, A bill for an act relating to the MinnesotaCare tax; excluding ambulance services; amending Minnesota Statutes 2000, section 295.50, subdivision 4; repealing Minnesota Statutes 2000, section 295.52, subdivision 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 252, A bill for an act relating to state government; repealing obsolete rules; repealing Minnesota Rules, parts 1800.1800; 1800.1900; 7300.0100; 7300.0110; 7300.0200; 7300.0300; 7300.0350; 7300.0500; 7300.0600; 7300.0700; 7300.0800; 7300.0810; 7300.0850; 7300.0900; 7300.1000; 7300.1100; 7300.1200; 7300.1300; 7300.1400; 7300.1500; 7300.1600; 7300.1700; 7300.1910; 7300.2000; 7300.2100; 7300.2400; 7300.2600; 7300.2800; 7300.2900; 7300.2950; 7300.3000; 7300.3100; 7300.3200; 7300.3300; 7306.0100; 7306.0150; 7306.0200; 7306.0300; 7306.0400; 7306.0500; 7306.0600; 7320.0010; 7320.0020; 7320.0030; 7320.0040; 7320.0050; 7320.0060; 7320.0070; 7320.0080; 7320.0090; 7320.0100; 7320.0110; 7320.0120; 7320.0130; 7320.0140; 7320.0150; 7320.0160; 7320.0170; 7320.0180; 7320.0190; 7320.0200; 7320.0210; 7320.0220; 7610.0100, subpart 17; 7610.0160; 7610.0700; 7645.0100; 7645.0110; 7645.0200; 7645.0210; 7645.0220; 7645.0230; 7645.0240; 7645.0250; 7645.0260; 7645.0300; 7645.0310; 7645.0320; 7645.0330; 7645.0340; 7645.0400; 7645.0410; 7645.0420; 7645.0430; 7645.0440; 7645.0450; 7645.0460; 7645.0470; 7645.0480; 7645.0500; 7645.0510; 7645.0520; 7645.0530; 7645.0540; 7645.0550; 7645.0560; 7645.0570; 7645.0580; 7660.0010; 7660.0020; 7660.0030; 7660.0040; 7660.0050; 7660.0060; 7660.0070; 7660.0080; 7660.0090; 7660.0100; 7665.0100; 7665.0110; 7665.0120; 7665.0130; 7665.0140; 7665.0150; 7665.0160; 7680.0100; 7680.0110; 7680.0120; 7680.0130; 7680.0140; 7680.0150; 7680.0160; 7680.0170; 7680.0180; 7680.0190; 7680.0200; 7856.1000, subpart 3; and 7857.3000, subpart 3.

Reported the same back with the following amendments:

Page 1, after line 34, insert:

"(b) Minnesota Rules, parts 2870.0100, subpart 1; and 2870.0200, are repealed."


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Page 1, line 35, delete "(b)" and insert "(c)"

Page 2, line 10, delete "(c)" and insert "(d)"

Page 2, line 12, delete "(d)" and insert "(e)"

Page 2, line 19, delete "(e)" and insert "(f)"

Page 2, line 22, delete "(f)" and insert "(g)"

Page 2, line 24, delete "(g)" and insert "(h)"

Page 2, line 27, delete "(h)" and insert "(i)"

Amend the title as follows:

Page 1, line 4, after the first semicolon, insert "2870.0100, subpart 1; 2870.0200;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 278, A bill for an act relating to health; increasing the medical assistance reimbursement rate for certain dentists; permitting dental hygienists to practice certain services with limited supervision; establishing a grant program for community clinics providing dental services; appropriating money; amending Minnesota Statutes 2000, sections 150A.10, subdivision 1; and 256B.76; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Page 1, line 15, before "nonprofit" insert "the academic health center at the University of Minnesota to establish or expand the operations of"

Page 1, line 19, after "expenses" insert "or"

Page 1, line 20, delete "to different settings" and insert "in the community"

Page 1, delete lines 21 to 23

Pages 1 and 2, delete section 2

Page 5, line 8, delete the new language and insert "Effective for dental services rendered on or after July 1, 2001, the commissioner may increase reimbursements to dentists and dental clinics deemed by the commissioner to be critical access dental providers. Reimbursement to a critical access dental provider may be increased by not more than 50 percent above the reimbursement rate that would otherwise be paid to the provider. Payments to health plan companies shall be adjusted to reflect increased reimbursements to critical access dental providers as approved by the commissioner. In determining which dentists and dental clinics shall be deemed critical access dental providers, the commissioner shall review:

(1) the utilization rate in the service area in which the dentist or dental clinic operates for dental services to patients covered by medical assistance, general assistance medical care, or MinnesotaCare as their primary source of coverage;


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(2) the level of services provided by the dentist or dental clinic to patients covered by medical assistance, general assistance medical care, or MinnesotaCare as their primary source of coverage; and

(3) whether the level of services provided by the dentist or dental clinic is critical to maintaining adequate levels of patient access within the service area.

In the absence of a critical access dental provider in a service area, the commissioner may designate a dentist or dental clinic as a critical access dental provider if the dentist or dental clinic is willing to provide care to patients covered by medical assistance, general assistance medical care, or MinnesotaCare at a level which significantly increases access to dental care in the service area."

Page 5, delete lines 9 to 35

Page 5, line 36, delete "(e)" and insert "(d)"

Page 6, after line 11, insert:

"Sec. 3. [STUDY; DENTAL CARE ACCESS.]

The commissioner of human services, in consultation with the commissioner of health, the board of dentistry, and other stakeholders shall study and report on how dental hygienists, dental assistants, and other health care professionals may be utilized in new ways to improve access to dental care. The report must address the training, scope of practice, licensing, and supervision changes that are necessary to accomplish the goal of increased access; must identify the effect these changes will have on the existing supply of providers of dental services; and must address the impact of these changes on patient safety, efficacy and cost of treatment, and quality of care. The commissioner shall submit a report to the legislature by January 15, 2002."

Page 6, line 16, delete "paragraphs (c) and (d)" and insert "paragraph (c)"

Page 6, line 21, delete "3" and insert "2"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, delete "permitting"

Page 1, delete line 4

Page 1, line 5, delete everything before the semicolon and insert "requiring a study"

Page 1, line 8, delete everything before "256B.76" and insert "section"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 279, A bill for an act relating to health; repealing MinnesotaCare premium and provider taxes, the insurance premium tax on health insurance, the assessment for the Minnesota comprehensive health association, and the health maintenance organization and hospital surcharges; requiring pass-through of savings to purchasers;


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transferring responsibility for losses of the Minnesota comprehensive health association to the state treasury; providing for disposition of tobacco settlement money; providing for contingent repeal of the health care access fund; providing civil penalties; amending Minnesota Statutes 2000, sections 62E.11, subdivision 5; 62Q.095, subdivision 6; 214.16, subdivisions 2 and 3; 256.9657, subdivision 4; 270B.01, subdivision 8; 270B.14, subdivision 1; and 297I.05, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 62Q; and 256L; repealing Minnesota Statutes 2000, sections 13.4967, subdivision 3; 16A.76; 62E.11, subdivision 6; 62T.09; 62T.10; 144.1484, subdivision 2; 256.9657, subdivisions 2 and 3; 256L.02, subdivision 3; 295.50; 295.51; 295.52; 295.53; 295.54; 295.55; 295.56; 295.57; 295.58; 295.582; 295.59; and 297I.05, subdivision 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

The report was adopted.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 289, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 4; providing staggered four-year terms for representatives and senators.

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

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 368, A bill for an act relating to highways; designating a bridge on marked trunk highway No. 55 in Stearns county as Old St. Anne's Pass; amending Minnesota Statutes 2000, section 161.14, by adding a subdivision.

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

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 380, A bill for an act relating to health; repealing MinnesotaCare provider tax; repealing the premium tax for health plan companies and nonprofit health service plan corporations; repealing the health care access fund; repealing hospital surcharge; appropriating money; amending Minnesota Statutes 2000, sections 62J.041, subdivision 1; 62Q.095, subdivision 6; 144.1494, subdivision 1; 144.1495, subdivision 2; 144.1496, subdivision 1; 214.16, subdivisions 2 and 3; 256L.02, subdivisions 3 and 4; 270B.01, subdivision 8; 270B.14, subdivision 1; and 297I.15, by adding a subdivision; repealing Minnesota Statutes 2000, sections 13.4967, subdivision 3; 16A.724; 16A.76; 62T.10; 144.1484, subdivision 2; 256.9657, subdivision 2; 256B.19, subdivision 1b; 295.50; 295.51; 295.52; 295.53; 295.54; 295.55; 295.56; 295.57; 295.58; 295.581; 295.582; 295.59; and 297I.05, subdivision 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

The report was adopted.


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Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 383, A bill for an act relating to health; repealing the insurance premium tax on health insurance and the premium tax on nonprofit health plan companies; amending Minnesota Statutes 2000, section 297I.05, subdivision 1; repealing Minnesota Statutes 2000, sections 62T.10; and 297I.05, subdivision 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 406, A bill for an act relating to the state agricultural society; authorizing establishment of a nonprofit corporation; proposing coding for new law in Minnesota Statutes, chapter 37.

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

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 587, A bill for an act relating to human services; requiring the state to reimburse counties for detoxification services; proposing coding for new law in Minnesota Statutes, chapter 254A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 254A.08, is amended by adding a subdivision to read:

Subd. 2a. [REIMBURSEMENT TO COUNTIES.] The commissioner of human services shall reimburse county boards on a quarterly basis for the cost of detoxification services provided under this section on and after July 1, 2001. Reimbursement shall be made from funds appropriated for county detoxification services which shall be allocated to each county on a fiscal year basis, based on the county's average expenditure as a proportion of statewide expenditures for services under this section in the five state fiscal years preceding the allocation year. Unspent funds shall be carried over from one year of the biennium to the next.

Sec. 2. [APPROPRIATION.]

$26,000,000 is appropriated from the general fund to the commissioner of human services, for the biennium ending June 30, 2003, to reimburse county boards for the cost of detoxification services provided under Minnesota Statutes, section 254A.08."

Delete the title and insert:

"A bill for an act relating to human services; requiring reimbursement to counties for detoxification services; appropriating money; amending Minnesota Statutes 2000, section 254A.08, by adding a subdivision."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.


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Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 642, A bill for an act relating to health occupations; establishing a ground for disciplinary action for physicians who fail to fulfill service obligations and fail to repay loans and penalties under the National Health Services Corps state loan repayment program; amending Minnesota Statutes 2000, section 147.091, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 144.1491, subdivision 1, is amended to read:

Subdivision 1. [PENALTIES FOR BREACH OF CONTRACT.] A program participant who fails to complete two years of obligated service shall repay the amount paid, as well as a financial penalty based upon the length of the service obligation not fulfilled. If the participant has served at least one year, the financial penalty is the number of unserved months multiplied by $1,000. If the participant has served less than one year, the financial penalty is the total number of obligated months multiplied by $1,000. The commissioner shall report to the appropriate health-related licensing board a participant who fails to complete obligated service and fails to repay the amount paid or fails to pay a financial penalty owed under this subdivision.

Sec. 2. [214.105] [HEALTH-RELATED LICENSING BOARDS; DEFAULT ON FEDERAL LOANS OR SERVICE OBLIGATIONS.]

A health-related licensing board may refuse to grant a license or may impose disciplinary action against a person regulated by the board if the person is intentionally in nonpayment, default, or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program."

Delete the title and insert:

"A bill for an act relating to health occupations; providing for reporting of and penalties against health-related licensees who fail to fulfill certain contractual and loan repayment obligations; amending Minnesota Statutes 2000, section 144.1491, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 214."

With the recommendation that when so amended the bill pass.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 655, A bill for an act relating to unemployment insurance; making technical and substantive changes; providing that certain applicants on leaves of absence are ineligible for benefits; modifying definitions; clarifying procedures; providing eligibility for benefits for certain victims of domestic abuse; instructing the revisor to renumber sections and change terms; amending Minnesota Statutes 2000, sections 268.03, subdivision 1; 268.035, subdivisions 4, 5, 29, and by adding subdivisions; 268.042, subdivision 1; 268.045; 268.047; 268.051, subdivisions 1a, 3, 4, and 7; 268.052, subdivisions 1, 2, and by adding a subdivision; 268.053, subdivisions 1 and 3; 268.059; 268.07, subdivisions 1, 2, 3a, and 3b; 268.085, subdivisions 1, 2, 3, 6, 7, 14, 15, and by adding a subdivision; 268.086, subdivisions 1 and 7; 268.095, subdivisions 1, 2, 8, and 11; 268.101, subdivisions 1 and 2;


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268.105, subdivision 7; 268.131, subdivision 2; 268.18, subdivision 2b; 268.184; 268.192, subdivision 1; 268.6715; and 268.976, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Laws 1999, chapter 107, section 22.

Reported the same back with the following amendments:

Page 3, after line 32, insert:

"Sec. 7. Minnesota Statutes 2000, section 268.035, subdivision 20, is amended to read:

Subd. 20. [NONCOVERED EMPLOYMENT.] "Noncovered employment" means:

(1) employment for the United States government or an instrumentality thereof, including military service;

(2) employment for an Indian, an Indian-controlled employer, and Indian tribe, or any wholly controlled subsidiaries or subdivisions, if the employment is performed on an Indian reservation or Indian Trust Land;

(3) employment for a state, other than Minnesota, or a political subdivision or instrumentality thereof;

(4) (3) employment for a foreign government;

(5) (4) employment for an instrumentality wholly owned by a foreign government, if the employment is of a character similar to that performed in foreign countries by employees of the United States government or an instrumentality thereof and the United States Secretary of State has certified that the foreign government grants an equivalent exemption to similar employment performed in the foreign country by employees of the United States government and instrumentalities thereof;

(6) (5) employment covered under United States Code, title 45, section 351, the Railroad Unemployment Insurance Act;

(7) (6) employment covered by a reciprocal arrangement between the commissioner and another state or the federal government which provides that all employment performed by an individual for an employer during the period covered by the reciprocal arrangement is considered performed entirely within another state;

(8) (7) employment for a church or convention or association of churches, or an organization operated primarily for religious purposes that is operated, supervised, controlled, or principally supported by a church or convention or association of churches described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt from income tax under section 501(a);

(9) (8) employment of a duly ordained or licensed minister of a church in the exercise of a ministry or by a member of a religious order in the exercise of duties required by the order, for Minnesota or a political subdivision or an organization described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt from income tax under section 501(a);

(10) (9) employment of an individual receiving rehabilitation of "sheltered" work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or a program providing "sheltered" work for individuals who because of an impaired physical or mental capacity cannot be readily absorbed in the competitive labor market. This clause applies only to services performed for Minnesota or a political subdivision or an organization described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt from income tax under section 501(a) in a facility certified by the rehabilitation services branch of the department or in a day training or habilitation program licensed by the department of human services;


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(11) (10) employment of an individual receiving work relief or work training as part of an unemployment work relief or work training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof. This clause applies only to employment for Minnesota or a political subdivision or an organization described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt from income tax under section 501(a). This clause shall not apply to programs that require unemployment benefit coverage for the participants;

(12) (11) employment for Minnesota or a political subdivision as an elected official, a member of a legislative body, or a member of the judiciary;

(13) (12) employment as a member of the Minnesota national guard or air national guard;

(14) (13) employment for Minnesota, a political subdivision, or instrumentality thereof, as an employee serving only on a temporary basis in case of fire, flood, tornado, or similar emergency;

(15) (14) employment as an election official or election worker for Minnesota or a political subdivision, but only if the compensation for that employment was less than $1,000 in a calendar year;

(16) (15) employment for Minnesota that is a major policy making or advisory position in the unclassified service, including those positions established pursuant to section 43A.08, subdivision 1a;

(17) (16) employment for a political subdivision of Minnesota that is a nontenured major policy making or advisory position;

(18) (17) domestic employment in a private household, local college club, or local chapter of a college fraternity or sorority performed for a person, only if the wages paid in any calendar quarter in either the current or preceding calendar year to all individuals in domestic employment totaled less than $1,000.

"Domestic employment" includes all service in the operation and maintenance of a private household, for a local college club, or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade or business;

(19) (18) employment of an individual by a son, daughter, or spouse, and employment of a child under the age of 18 by the child's father or mother;

(20) (19) employment of an inmate of a custodial or penal institution;

(21) (20) employment for a school, college, or university by a student who is enrolled and is regularly attending classes at the school, college, or university;

(22) (21) employment of an individual who is enrolled as a student in a full-time program at a nonprofit or public educational institution that maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, taken for credit at the institution, that combines academic instruction with work experience, if the employment is an integral part of the program, and the institution has so certified to the employer, except that this clause shall not apply to employment in a program established for or on behalf of an employer or group of employers;

(23) (22) employment of university, college, or professional school students in an internship or other training program with the city of St. Paul or the city of Minneapolis pursuant to Laws 1990, chapter 570, article 6, section 3;

(24) (23) employment for a hospital by a patient of the hospital. "Hospital" means an institution that has been licensed by the department of health as a hospital;


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(25) (24) employment as a student nurse for a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in an accredited nurses' training school;

(26) (25) employment as an intern for a hospital by an individual who has completed a four-year course in an accredited medical school;

(27) (26) employment as an insurance salesperson, by other than a corporate officer, if all the compensation for the employment is solely by way of commission. The word "insurance" shall include an annuity and an optional annuity;

(28) (27) employment as an officer of a township mutual insurance company or farmer's mutual insurance company operating pursuant to chapter 67A;

(29) (28) employment as a real estate salesperson, by other than a corporate officer, if all the compensation for the employment is solely by way of commission;

(30) (29) employment as a direct seller as defined in United States Code, title 26, section 3508;

(31) (30) employment of an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

(32) (31) casual employment performed for an individual, other than domestic employment under clause (18) (17), that does not promote or advance that employer's trade or business;

(33) (32) employment in "agricultural employment" unless considered "covered agricultural employment" under subdivision 11; or

(34) (33) if employment during one-half or more of any pay period was covered employment, all the employment for the pay period shall be considered covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period shall be considered noncovered employment. "Pay period" means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.

[EFFECTIVE DATE.] This section is effective retroactive to January 1, 2001."

Page 16, after line 36, insert:

"Sec. 19. [268.0525] [INDIAN TRIBES.]

(a) An Indian tribe, as defined under United States Code, title 25, section 450b(e) of the Indian Self-Determination and Education Assistance Act, and any subdivision, subsidiary, or business enterprise owned by the Indian tribe, shall be treated the same as the state of Minnesota, or a political subdivision of the state, for all purposes of the Minnesota unemployment insurance program law.

(b) The Indian tribe may make separate elections under section 268.052, subdivision 2, for itself and each subdivision, subsidiary, or business enterprise wholly owned by the Indian tribe.

(c) If an Indian tribe, subdivision, subsidiary, or business enterprise wholly owned by the tribe, which has elected to be liable for payments in lieu of taxes, fails to make the required payments within 90 days of the notice of delinquency, the commissioner shall terminate the election to make payments in lieu of taxes as of the beginning of the next calendar year, and the termination shall be effective for that and the following calendar year.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 635

An Indian tribe, subdivision, subsidiary, or business enterprise wholly owned by the tribe that has its election terminated under this paragraph shall become a taxpaying employer and assigned the new employer tax rate under section 268.051, subdivision 5, until the tribe, subdivision, subsidiary, or business enterprise wholly owned by the Indian tribe qualifies for an experience rating under section 268.051, subdivision 3.

(d) The Indian tribe, subdivision, subsidiary, or business enterprise wholly owned by the Indian tribe shall be jointly and severally liable for any delinquent taxes, or delinquent payments in lieu of taxes, due from the Indian tribe, subdivision, subsidiary, or business enterprise wholly owned by the Indian tribe.

[EFFECTIVE DATE.] This section is effective retroactive to January 1, 2001."

Page 21, line 31, strike the comma and insert "and"

Page 21, line 32, after "year," insert "and based upon all the covered employment in the base period the commissioner shall determine"

Page 27, line 26, delete the period and insert a semicolon

Page 27, line 27, delete "(2)" and strike the old language

Page 27, strike lines 28 to 30

Page 27, line 31, delete the new language and strike the old language

Page 27, delete lines 32 to 35

Page 27, line 36, delete "(3)" and insert "(2)"

Page 28, line 16, delete "(4)" and insert "(3)"

Page 28, after line 25, insert:

"Sec. 30. Minnesota Statutes 2000, section 268.085, is amended by adding a subdivision to read:

Subd. 3a. [WORKERS' COMPENSATION AND DISABILITY INSURANCE OFFSET.]

(a) An applicant is not eligible to receive unemployment benefits for any week in which the applicant is receiving or has received compensation for loss of wages equal to or in excess of the applicant's weekly unemployment benefit amount under:

(1) the workers' compensation law of this state;

(2) the workers' compensation law of any other state or similar federal law; or

(3) any insurance or fund paid in whole or in part by an employer.

(b) This subdivision shall not apply to an applicant who has a claim pending for loss of wages under paragraph (a); however, before unemployment benefits may be paid when such a claim is pending, the issue of the applicant being able to work, as required under subdivision 1, clause (2), shall be determined under section 268.101, subdivision 3. If the applicant later receives compensation as a result of the pending claim, the applicant is subject to the provisions of paragraph (a) and the unemployment benefits paid shall be subject to recoupment by the commissioner to the extent that the compensation constitutes overpaid unemployment benefits.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 636

(c) If the commissioner intervenes, in accordance with section 268.18, subdivision 5, in a workers' compensation matter under section 176.361 in order to recoup overpaid unemployment benefits, the commissioner shall not be required to pay any portion of the applicant's attorney fees and the applicant shall be liable to repay the total amount of the overpaid unemployment benefits.

(d) If the amount of compensation described under paragraph (a) for any week is less than the applicant's weekly unemployment benefit amount, unemployment benefits requested for that week shall be reduced by the amount of that compensation payment."

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 6, after the semicolon, insert "treating Indian tribes the same as the state for purposes of the unemployment insurance program; providing workers' compensation and disability insurance offsets;"

Page 1, line 10, after "5," insert "20,"

Page 1, line 16, delete "a"

Page 1, line 17, delete "subdivision" and insert "subdivisions"

With the recommendation that when so amended the bill pass.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 693, A bill for an act relating to health; creating a dentists loan forgiveness program; establishing a donated dental services program; repealing the requirement of participation in state health care programs for dental providers; requiring the commissioner of human services to carve out dental services in managed care contracts; increasing reimbursement rates for dental care; providing certain immunities for dental providers; appropriating money; amending Minnesota Statutes 2000, sections 256B.037, subdivision 1; 256B.0644; 256B.69, subdivisions 5a, 6, and by adding a subdivision; and 256B.76; proposing coding for new law in Minnesota Statutes, chapters 144; 256; and 604A; repealing Minnesota Statutes 2000, section 256B.037, subdivision 5.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [144.1498] [DENTIST LOAN FORGIVENESS.]

Subdivision 1. [DEFINITIONS.] For the purposes of this section, "qualified educational loan" means a government, commercial, or foundation loan for the actual costs paid for tuition, reasonable education expenses, and reasonable living expenses related to graduate or undergraduate education of a dentist.

Subd. 2. [CREATION OF ACCOUNT.] A dental education account is established in the general fund. The commissioner shall use money from the account to establish a loan forgiveness program for dentists agreeing to provide services for a substantial number of state public assistance program participants and other low- to moderate-income uninsured patients, as defined by the commissioner of health.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 637

Subd. 3. [ELIGIBILITY.] To be eligible to participate in the program, a dental student must submit an application to the commissioner of health while attending a program of study designed to prepare the student to become a licensed dentist. To be eligible to participate in the program, a licensed dentist must submit an application to the commissioner of health within three years of graduation from a dental school or completion of a graduate dental program. An applicant who is accepted must sign a contract to agree to serve: (1) a minimum three-year service obligation during which at least 15 percent of the dentist's yearly patient encounters are provided to public assistance program enrollees or patients receiving sliding fee schedule discounts through a formal sliding fee schedule that meets the standards established in Code of Federal Regulations, title 42, section 51c.303; or (2) a minimum three-year service obligation in a designated rural area, as defined by the commissioner under section 144.1494. The service obligation for applicants who are dental students shall begin no later than March 31 of the first year following completion of training. The service obligation for applicants who are licensed dentists shall begin no later than 12 months following the date on which an application is submitted.

Subd. 4. [LOAN FORGIVENESS.] The commissioner of health may accept up to 14 applicants per year for participation in the loan forgiveness program. Applicants are responsible for securing their own qualified educational loan. Applicants chosen to participate in the loan forgiveness program may designate, for each year of dentistry study up to a maximum of four years, an agreed amount, not to exceed $10,000, as a qualified educational loan. For each year that a participant meets the service obligation required under subdivision 3, up to a maximum of four years, the commissioner shall make annual disbursements directly to the participant in an amount equal to $10,000 per year of service, not to exceed $40,000 or the balance of the qualified educational loan, whichever is less. The total amount of all disbursements must not exceed the principal and accrued interest of the qualified educational loan. Before receiving loan repayment disbursements, the participant must complete and return to the commissioner an affidavit of practice form provided by the commissioner verifying that the participant's practice meets the requirements described in subdivision 3. After each disbursement, the participant must provide the commissioner with verification that the full amount of a loan repayment disbursement received by the participant has been applied toward the qualified educational loan before the next loan repayment disbursement is made. Participants who move their practice remain eligible for loan repayment if the requirements of subdivision 3 continue to be met.

Subd. 5. [PENALTY FOR NONFULFILLMENT.] If a participant does not fulfill the service commitment as required under subdivision 3, the commissioner of health shall collect from the participant 100 percent of any payments made for the qualified educational loan and interest at a rate established under section 270.75. The commissioner shall deposit the money collected in the dental education account established under subdivision 2.

Subd. 6. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or service obligations cancel in the event of a participant's death. The commissioner of health may waive or suspend payment or service obligations in cases of total and permanent disability or long-term temporary disability lasting for more than two years. The commissioner shall evaluate all other requests for suspension or waivers on a case-by-case basis and may grant a waiver of all or part of the money owed as a result of a nonfulfillment penalty if emergency circumstances prevented fulfillment of the required service commitment.

Sec. 2. [256.958] [RETIRED DENTIST PROGRAM.]

Subdivision 1. [PROGRAM.] The commissioner of human services shall establish a program to reimburse a retired dentist for the dentist's license fee and for the cost of malpractice insurance in exchange for the dentist providing ... hours of dental services on a volunteer basis within a six-month period at a community dental clinic or a dental training clinic located at a Minnesota state college or university.

Subd. 2. [DOCUMENTATION.] Upon completion of the required hours, the retired dentist shall submit to the commissioner the following:

(1) documentation of service provided;

(2) the cost of malpractice insurance for the six-month period; and

(3) the cost of the license.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 638

Subd. 3. [REIMBURSEMENT.] Upon receipt of the information described in subdivision 2, the commissioner shall provide reimbursement to the retired dentist for the cost of malpractice insurance for the previous six-month period and the cost of the license.

Sec. 3. Minnesota Statutes 2000, section 256B.69, is amended by adding a subdivision to read:

Subd. 6c. [DENTAL SERVICES DEMONSTRATION PROJECT.] The commissioner shall establish a dental services demonstration project in Crow Wing, Todd, Morrison, Wadena, and Cass counties for provision of dental services to medical assistance, general assistance medical care, and MinnesotaCare recipients. The commissioner may contract on a prospective per capita payment basis for these dental services with an organization licensed under chapter 62C, 62D, or 62N in accordance with section 256B.037 or may establish and administer a fee-for-service system for the reimbursement of dental services.

Sec. 4. Minnesota Statutes 2000, section 256B.76, is amended to read:

256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.]

(a) Effective for services rendered on or after October 1, 1992, the commissioner shall make payments for physician services as follows:

(1) payment for level one Health Care Finance Administration's common procedural coding system (HCPCS) codes titled "office and other outpatient services," "preventive medicine new and established patient," "delivery, antepartum, and postpartum care," "critical care," Caesarean cesarean delivery and pharmacologic management provided to psychiatric patients, and HCPCS level three codes for enhanced services for prenatal high risk, shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992. If the rate on any procedure code within these categories is different than the rate that would have been paid under the methodology in section 256B.74, subdivision 2, then the larger rate shall be paid;

(2) payments for all other services shall be paid at the lower of (i) submitted charges, or (ii) 15.4 percent above the rate in effect on June 30, 1992;

(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases except that payment rates for home health agency services shall be the rates in effect on September 30, 1992;

(4) effective for services rendered on or after January 1, 2000, payment rates for physician and professional services shall be increased by three percent over the rates in effect on December 31, 1999, except for home health agency and family planning agency services; and

(5) the increases in clause (4) shall be implemented January 1, 2000, for managed care.

(b) Effective for services rendered on or after October 1, 1992, the commissioner shall make payments for dental services as follows:

(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992;

(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases;

(3) effective for services rendered on or after January 1, 2000, payment rates for dental services shall be increased by three percent over the rates in effect on December 31, 1999;


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 639

(4) the commissioner shall award grants to community clinics or other nonprofit community organizations, political subdivisions, professional associations, or other organizations that demonstrate the ability to provide dental services effectively to public program recipients. Grants may be used to fund the costs related to coordinating access for recipients, developing and implementing patient care criteria, upgrading or establishing new facilities, acquiring furnishings or equipment, recruiting new providers, or other development costs that will improve access to dental care in a region. In awarding grants, the commissioner shall give priority to applicants that plan to serve areas of the state in which the number of dental providers is not currently sufficient to meet the needs of recipients of public programs or uninsured individuals. The commissioner shall consider the following in awarding the grants: (i) potential to successfully increase access to an underserved population; (ii) the ability to raise matching funds; (iii) the long-term viability of the project to improve access beyond the period of initial funding; (iv) the efficiency in the use of the funding; and (v) the experience of the proposers in providing services to the target population.

The commissioner shall monitor the grants and may terminate a grant if the grantee does not increase dental access for public program recipients. The commissioner shall consider grants for the following:

(i) implementation of new programs or continued expansion of current access programs that have demonstrated success in providing dental services in underserved areas;

(ii) a pilot program for utilizing hygienists outside of a traditional dental office to provide dental hygiene services; and

(iii) a program that organizes a network of volunteer dentists, establishes a system to refer eligible individuals to volunteer dentists, and through that network provides donated dental care services to public program recipients or uninsured individuals.

(5) beginning October 1, 1999, the payment for tooth sealants and fluoride treatments shall be the lower of (i) submitted charge, or (ii) 80 percent of median 1997 charges; and

(6) the increases listed in clauses (3) and (5) shall be implemented January 1, 2000, for managed care; and

(7) effective for services provided on or after October 1, 2001, payment for diagnostic examinations and dental x-rays provided to children under age 21 shall be the lower of (i) the submitted charge, or (ii) 85 percent of median 1999 charges.

(c) An entity that operates both a Medicare certified comprehensive outpatient rehabilitation facility and a facility which was certified prior to January 1, 1993, that is licensed under Minnesota Rules, parts 9570.2000 to 9570.3600, and for whom at least 33 percent of the clients receiving rehabilitation services in the most recent calendar year are medical assistance recipients, shall be reimbursed by the commissioner for rehabilitation services at rates that are 38 percent greater than the maximum reimbursement rate allowed under paragraph (a), clause (2), when those services are (1) provided within the comprehensive outpatient rehabilitation facility and (2) provided to residents of nursing facilities owned by the entity.

(d) Effective for dental services provided on or after July 1, 2001, the commissioner may increase reimbursement to dentists or dental clinics classified by the commissioner as critical access providers. The commissioner may increase reimbursement to a critical access provider by up to 50 percent more than would otherwise be paid to that provider. In determining critical access provider status, the commissioner shall review:

(1) the utilization rate for dental services by Minnesota health care program patients in the service area;

(2) the level of service provided to Minnesota health care program patients by the dentist or dental clinic; and

(3) whether the level of services provided by the dentist or clinic is critical to maintaining an adequate level of access for patients in the service area.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 640

If no provider in a service area is designated a critical access provider upon review, the commissioner may designate a dentist or dental clinic as a critical access provider if the dentist or clinic is willing to provide care to Minnesota health care program patients at a level that significantly increases access to dental care within the service area. The commissioner shall adjust payments to prepaid health plans to reflect increased reimbursement to critical access providers under this paragraph.

Sec. 5. [APPROPRIATION.]

(a) $560,000 is appropriated for each year in the biennium beginning July 1, 2001, from the general fund to the commissioner of health for the dentist loan forgiveness program created under Minnesota Statutes, section 144.1498.

(b) $....... is appropriated for the biennium beginning July 1, 2001, from the general fund to the commissioner of human services for the retired dentist program under Minnesota Statutes, section 256.958.

(c) $....... is appropriated from the general fund to the commissioner of human services for the biennium beginning July 1, 2001, for the increases in dental rates provided in Minnesota Statutes, section 256B.76.

Sec. 6. [REPEALER.]

Minnesota Statutes 2000, section 256B.037, subdivision 5, is repealed.

Sec. 7. [EFFECTIVE DATES.]

Sections 3 and 6 are effective January 1, 2002."

Delete the title and insert:

"A bill for an act relating to health; creating a dentists loan forgiveness program; creating a retired dentist program; modifying reimbursement provisions for dental care; creating a demonstration project; appropriating money; amending Minnesota Statutes 2000, sections 256B.69, by adding a subdivision; 256B.76; proposing coding for new law in Minnesota Statutes, chapters 144; 256; repealing Minnesota Statutes 2000, section 256B.037, subdivision 5."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 779, A bill for an act relating to commerce; modifying provisions dealing with motor vehicle dealer franchise transfers and objections to establishment or relocation of a franchise; amending Minnesota Statutes 2000, sections 80E.13; and 80E.14, subdivision 1.

Reported the same back with the following amendments:

Page 4, line 10, delete "uniformly applied minimum" and insert "reasonable"

Page 4, line 14, delete "written notice of" and strike "the proposed transfer" and before the period, insert "the completed application customarily used by the manufacturer, distributor, factory branch, or importer for dealer appointments"


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 641

Pages 5 and 6, delete section 2

Amend the title as follows:

Page 1, line 3, delete "and"

Page 1, delete line 4

Page 1, line 5, delete "franchise" and delete "sections" and insert "section"

Page 1, line 6, delete "; and 80E.14, subdivision 1"

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

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 791, A bill for an act relating to agriculture; requiring a waiver of the amount of civil fine in excess of the amount required under current law for fines levied on dairy producers during a specified period; requiring reimbursement.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Agriculture and Rural Development Finance.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 891, A bill for an act relating to lake improvement districts; changing the percent of property owners necessary to petition for creation and termination of a district and for holding a referendum on creation; amending Minnesota Statutes 2000, sections 103B.521, subdivision 1; 103B.545, subdivision 1; and 103B.581, subdivision 1.

Reported the same back with the following amendments:

Page 2, delete section 2

Page 3, line 1, delete "to 3" and insert "and 2"

Renumber the sections in sequence

Amend the title as follows:

Page 1, lines 6 and 7, delete "103B.545, subdivision 1;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.

The report was adopted.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 642

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 926, A bill for an act relating to health; modifying content and format requirements for Minnesota uniform health care identification cards; requiring uniform prescription drug information to be included on cards; establishing requirements for issuance of cards; amending Minnesota Statutes 2000, section 62J.60.

Reported the same back with the following amendments:

Page 2, line 32, delete "approved" and insert "adopted" and after "and" insert ", except as provided in subdivision 3, paragraph (a), clause (2),"

Page 3, line 28, before "NCPDP" insert "adopted"

Page 4, line 2, reinstate the stricken "may" and delete "must"

Page 4, line 7, delete ""BIN."" and insert ""RxBIN.""

Page 4, line 10, delete ""PCN"" and insert ""RxPCN""

Page 4, line 11, delete ""Grp"" and insert ""RxGrp," except that if the group number data element is a universal element to be used by all health care providers, the standardized label may be "Grp." To conserve vertical space on the card, the international identification number and the processor control number may be printed on the same line"

Page 5, line 14, delete "pharmacy" and insert "pharmacies and other health care"

Page 5, line 15, after "assistance" insert ". These telephone numbers and names are required on the back side of the card only if one of the contacts listed in clause (3) cannot provide pharmacies or other providers with assistance or with the telephone numbers and names of contacts for assistance"

Page 6, line 11, delete everything after "REPORTING"

Page 6, line 12, delete "UNIFORMITY COMMITTEE"

Page 6, line 17, delete everything after the period

Page 6, delete lines 18 to 22

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Policy.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 934, A bill for an act relating to human services; extending the expiration date of the alternative quality assurance licensing system project; modifying other requirements; appropriating money; amending Minnesota Statutes 2000, sections 256B.095; 256B.0951, subdivisions 1, 3, 4, 5, 7, and by adding subdivisions; and 256B.0952, subdivisions 1 and 4; repealing Minnesota Statutes 2000, sections 256B.0951, subdivision 6.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 643

Leppik from the Committee on Higher Education Finance to which was referred:

H. F. No. 977, A bill for an act relating to public employment; Minnesota state colleges and universities; merging unions for technical and community college employees; amending Minnesota Statutes 2000, sections 43A.06, subdivision 1; 179A.10, subdivision 2; 354B.21, subdivision 1; 354B.25, subdivision 1a; and 354C.11, subdivision 2.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 1009, A bill for an act relating to agriculture; clarifying the definition of agricultural land; amending Minnesota Statutes 2000, section 97B.001, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 16, after "planted" insert "in a row pattern"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1014, A bill for an act relating to medical assistance reimbursement for special transportation services; amending Minnesota Statutes 2000, section 256B.0625, subdivision 17.

Reported the same back with the following amendments:

Page 2, lines 7 and 8, strike "lift" and insert "accessible"

Page 2, line 10, reinstate "exceed" and delete "be less than"

Page 2, line 11, delete "lift" and insert "accessible" and after "van" insert "or a stretcher-equipped vehicle"

Page 2, line 12, delete "lift" and insert "accessible"

Page 2, line 18, delete "maximum"

Page 2, line 20, delete "be less than" and insert "exceed"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 644

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 1084, A bill for an act relating to financial institutions; modifying investment authority and recordkeeping requirements; regulating certain rates, charges, fees, and disclosures; exempting certain unstaffed after-hour drop boxes from detached facilities regulation; amending Minnesota Statutes 2000, sections 47.10, subdivision 1; 47.51; 48.03, subdivisions 1 and 2; 48.61, subdivision 7; 56.04; 58.02, by adding a subdivision; 58.14, subdivision 5; and 58.15, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 58; repealing Minnesota Statutes 2000, section 48.03, subdivision 3; and 58.135.

Reported the same back with the following amendments:

Page 3, after line 36, insert:

"Sec. 5. Minnesota Statutes 2000, section 48.16, is amended to read:

48.16 [BANKS MAY NOT PLEDGE ASSETS; EXCEPTIONS.]

No bank or trust company shall pledge, hypothecate, assign, transfer, or create a lien upon or charge against any of its assets except as follows:

(1) to the state;

(2) to secure public deposits;

(3) to secure funds of trustees in bankruptcy;

(4) to secure money borrowed in good faith from other banks, trust companies, a financial agency created by act of Congress, or the state in programs specifically authorizing state banks to participate as an eligible local lender;

(5) to finance the acquisition of real estate to be carried as an asset as provided for in section 47.10;

(6) to secure a liability that arises from a transfer of a direct obligation of, or obligations that are fully guaranteed as to principal and interest by, the United States government or an agency thereof, or obligations of United States government-sponsored entities which are exempt from the registration requirements of the Securities Act of 1933, United States Code, chapter 15, section 77a, that the bank or trust company is obligated to repurchase;

(7) to a counterparty to secure an interest rate swap agreement.

This section shall not be construed to permit the use of assets as security for public deposits other than the securities made eligible by law for that purpose."

Page 7, line 20, delete "6, 10, and 11" and insert "7, 11, and 12"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 8, after "2;" insert "48.16;"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 645

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 1115, A bill for an act relating to insurance; regulating the Minnesota comprehensive health association; modifying the definition of contributing member; permitting extensions of writing carrier contract period; providing subsidies to reduce assessments borne by individuals and small businesses; appropriating money; amending Minnesota Statutes 2000, sections 62E.02, subdivision 23; 62E.10, subdivision 1; and 62E.13, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 28, after the period, insert ""Contributing member" does not include a health maintenance organization owned or operated by an entity defined under section 62D.02, subdivision 11, or a political subdivision with respect to a self-insurance plan it sponsors under section 471.617, subdivisions 1 and 2, if the health maintenance organization was owned or operated by the entity on or before January 1, 2001, or if the self-insurance plan was established by the political subdivision on or before January 1, 2001."

Page 2, lines 5 to 8, delete the new language and insert "and the total cost of self-insurance as defined in Minnesota Rules, part 2740.0100, subpart 58,"

Page 2, line 25, after the period, insert "This membership does not include a health maintenance organization owned or operated by an entity defined under section 62D.02, subdivision 11, or a political subdivision with respect to a self-insurance plan it sponsors under section 471.617, subdivisions 1 and 2, if the health maintenance organization was owned or operated by the entity on or before January 1, 2001, or if the self-insurance plan was established by the political subdivision on or before January 1, 2001."

Page 3, delete section 4 and insert:

"Sec. 4. [APPROPRIATIONS.]

Subdivision 1. [DEPARTMENT OF COMMERCE; MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION OFFSET.] $14,750,000 in fiscal year 2002 and $15,000,000 in fiscal year 2003 is appropriated from the health care access fund to the commissioner of commerce. This appropriation is for a grant to the Minnesota comprehensive health association and shall be made available on January 1 of each fiscal year to be used to offset the annual assessments for calendar years 2002 and 2003 that are required to be paid by each contributing member in accordance with Minnesota Statutes, section 62E.11. This appropriation shall not become part of the base for the 2004-2005 biennium.

Subd. 2. [DEPARTMENT OF HEALTH; STUDY OF INDIVIDUAL INSURANCE MARKET.] (a) $250,000 in fiscal year 2002 is appropriated from the health care access fund to the commissioner of health for an actuarial and policy study of the feasibility and cost impact of establishing a private insurance access pool for the individual health insurance market.

(b) The commissioner of health shall convene and seek the advice of an advisory task force consisting of the following members;

(1) two persons representing business, selected by the Minnesota Chamber of Commerce:

(2) one person representing health maintenance organizations, selected by the Minnesota Council of Health Plans;

(3) one person representing health insurance companies licensed under Minnesota Statutes, chapter 60A, selected by the Insurance Federation of Minnesota;

(4) one person representing the Minnesota Comprehensive Health Association, selected by the association;

(5) one person representing the Insurance Federation of Minnesota, selected by the federation;


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 646

(6) one person representing the commissioner of commerce, selected by the commissioner of commerce; and

(7) one person representing Blue Cross and Blue Shield of Minnesota, selected by that company.

(c) The advisory task force created in this section expires June 30, 2002.

(d) The commissioner of health shall provide a written report and recommendations to the legislature, in compliance with Minnesota Statutes, section 3.195, no later than February 1, 2002."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Knoblach from the Committee on Capital Investment to which was referred:

H. F. No. 1159, A bill for an act relating to public finance; funding for Gillette Children's Speciality Health Care; transportation and capital improvements; authorizing spending for public purposes; authorizing spending to acquire and to better land and buildings and other improvements of a capital nature; amending earlier authorizations; authorizing and reauthorizing sale of state bonds; converting certain capital project financing from general obligation bonding to general fund cash; appropriating money; amending Laws 2000, chapter 479, article 1, section 2, subdivision 11; and by adding a section; Laws 2000, chapter 492, article 1, section 18, subdivision 1; and section 26, subdivision 1.

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

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 1270, A bill for an act relating to commerce; regulating currency exchanges, real estate brokers, real property appraisers, residential contractors, and collection agencies; modifying certain continuing education requirements; regulating certain fees, costs, duties, rights, and recovery fund amounts; amending Minnesota Statutes 2000, sections 45.0295; 53A.081, subdivision 2; 60K.19, subdivision 8; 72B.04, subdivisions 6 and 7; 80B.03, subdivision 4a; 82.22, subdivision 13; 82.24, subdivision 8; 82.34, subdivision 15; 82B.14; 326.91, subdivision 1; 326.975, subdivision 1; and 332.41; repealing Minnesota Statutes 2000, section 83.25, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 45.0295, is amended to read:

45.0295 [FEES.]

(a) The following fees shall be paid to the commissioner:

(1) for each hour or fraction of one hour of education course approval for continuing education sought, $10; and

(2) for each continuing education course coordinator approval, $100.


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(b) All fees paid to the commissioner under this section are nonrefundable, except that an overpayment of a fee shall be returned upon proper application.

Sec. 2. Minnesota Statutes 2000, section 53A.081, subdivision 2, is amended to read:

Subd. 2. [INVESTIGATION.] The commissioner may at any time and shall at least once in each year investigate the currency exchange business of any licensee and of every person, partnership, association, and corporation engaged in the business of operating a currency exchange in the manner provided under section 45.027.

Sec. 3. Minnesota Statutes 2000, section 60K.19, subdivision 8, is amended to read:

Subd. 8. [MINIMUM EDUCATION REQUIREMENT.] Each person subject to this section shall complete a minimum of 30 credit hours of courses accredited by the commissioner during each 24-month licensing period. Any person whose initial licensing period extends more than six months shall complete 15 hours of courses accredited by the commissioner during the initial license period. Any person teaching or lecturing at an accredited course qualifies for 1-1/2 three times the number of credit hours that would be granted to a person completing the accredited course. No more than 15 credit hours per licensing period may be credited to a person for courses sponsored by, offered by, or affiliated with an insurance company or its agents. Courses sponsored by, offered by, or affiliated with an insurance company or agent may restrict its students to agents of the company or agency.

Sec. 4. Minnesota Statutes 2000, section 72B.04, subdivision 6, is amended to read:

Subd. 6. [EXCEPTIONS.] A person who on January 1, 1972, meets all of the qualifications specified in subdivision 2 with regard to the class of license applied for and, if experience is one of the requisites, has gained the experience within the three years next preceding January 1, 1972, shall be eligible for the issuance of a license without taking an examination.

A person who has held a license of any given class or in any field or fields within three years prior to the application shall be entitled to a renewal of the license in the same class or in the same fields without taking an examination.

A person applying for a license as a crop hail adjuster shall not be required to comply with the requirements of subdivision 5.

The commissioner may issue a license under sections 72B.01 to 72B.14 without an examination, if the applicant presents sufficient and satisfactory evidence of having passed a similar examination in another state and if the commissioner, with the advice of the advisory board, has determined that the standards of such other state are equivalent to those in Minnesota for the class of license applied for. Any applicant who presents sufficient and satisfactory evidence of having successfully completed all six parts of the insurance institute of America program in adjusting or other programs approved by the commissioner shall be entitled to an adjuster's license without taking the examination prescribed in subdivision 5.

Sec. 5. Minnesota Statutes 2000, section 72B.04, subdivision 7, is amended to read:

Subd. 7. [LICENSE TERM.] Every adjuster's and public adjuster solicitor's license shall be for a term expiring on October 31 next following the date of its issuance, and may be renewed for the ensuing calendar year upon the timely filing of an application for renewal. (a) Initial licenses issued under this section are valid for a period not to exceed two years. Each initial license must expire on October 31 of the expiration year assigned by the commissioner.

(b) Licenses issued under this section may be renewed upon the timely filing of an application for renewal. Every renewal license is valid for a period of 24 months.


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Sec. 6. Minnesota Statutes 2000, section 80B.03, subdivision 4a, is amended to read:

Subd. 4a. Within three calendar business days of the date of filing of the registration statement, the commissioner may by order summarily suspend the effectiveness of the takeover offer if the commissioner determines that the registration statement does not contain all of the information specified in subdivisions 2 and 6 or that the takeover offer materials provided to offerees do not provide full disclosure to offerees of all material information concerning the takeover offer. The suspension shall remain in effect only until the determination following a hearing held pursuant to subdivision 5.

Sec. 7. Minnesota Statutes 2000, section 82.195, subdivision 2, is amended to read:

Subd. 2. [CONTENTS.] All listing agreements must be in writing and must include:

(1) a definite expiration date;

(2) a description of the real property involved;

(3) the list price and any terms required by the seller;

(4) the amount of any compensation or commission or the basis for computing the commission;

(5) a clear statement explaining the events or conditions that will entitle a broker to a commission;

(6) information regarding an override clause, if applicable, including a statement to the effect that the override clause will not be effective unless the licensee supplies the seller with a protective list within 72 hours after the expiration of the listing agreement;

(7) the following notice in not less than ten point boldface type immediately preceding any provision of the listing agreement relating to compensation of the licensee:

"NOTICE: THE COMMISSION RATE COMPENSATION FOR THE SALE, LEASE, RENTAL, OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS THE BROKER'S CLIENT.";

(8) for residential property listings, the following "dual agency" disclosure statement:

If a buyer represented by broker wishes to buy your property, a dual agency will be created. This means that broker will represent both you and the buyer(s), and owe the same duties to the buyer(s) that broker owes to you. This conflict of interest will prohibit broker from advocating exclusively on your behalf. Dual agency will limit the level of representation broker can provide. If a dual agency should arise, you will need to agree that confidential information about price, terms, and motivation will still be kept confidential unless you instruct broker in writing to disclose specific information about you. All other information will be shared. Broker cannot act as a dual agent unless both you and the buyer(s) agree to it. By agreeing to a possible dual agency, you will be giving up the right to exclusive representation in an in-house transaction. However, if you should decide not to agree to a possible dual agency, and you want broker to represent you, you may give up the opportunity to sell your property to buyers represented by broker.

Seller's Instructions to Broker

Having read and understood this information about dual agency, seller(s) now instructs broker as follows:

. . . . . . . Seller(s) will agree to a dual agency

representation and will consider offers made

by buyers represented by broker.


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. . . . . . . Seller will not agree to a dual agency

representation and will not consider offers

made by buyers represented by broker.

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

Seller Broker

. . . . . . . . . . . . . . . . . . . . . . . . . By: . . . . . . . . . . . . . . . . . . . .

Seller Salesperson

Date: . . . . . . . . . . . . . . . . . . ;

(9) a notice requiring the seller to indicate in writing whether it is acceptable to the seller to have the licensee arrange for closing services or whether the seller wishes to arrange for others to conduct the closing. The notice must also include the disclosure of any controlled business arrangement, as the term is defined in United States Code, title 12, section 2602, between the licensee and the real estate closing agent through which the licensee proposes to arrange closing services; and

(10) for residential listings, a notice stating that after the expiration of the listing agreement, the seller will not be obligated to pay the licensee a fee or commission if the seller has executed another valid listing agreement pursuant to which the seller is obligated to pay a fee or commission to another licensee for the sale, lease, or exchange of the real property in question. This notice may be used in the listing agreement for any other type of real estate.

Sec. 8. Minnesota Statutes 2000, section 82.196, subdivision 2, is amended to read:

Subd. 2. [CONTENTS.] All buyer's broker agreements must be in writing and must include:

(1) a definite expiration date;

(2) the amount of any compensation or commission, or the basis for computing the commission;

(3) a clear statement explaining the services to be provided to the buyer by the broker, and the events or conditions that will entitle a broker to a commission or other compensation;

(4) a provision for cancellation of the agreement by either party upon terms agreed upon by the parties;

(5) information regarding an override clause, if applicable, including a statement to the effect that the override clause will not be effective unless the licensee supplies the buyer with a protective list within 72 hours after the expiration of the buyer's broker agreement;

(6) (5) the following notice in not less than ten point bold face type immediately preceding any provision of the buyer's broker agreement relating to compensation of the licensee:

"NOTICE: THE COMMISSION RATE COMPENSATION FOR THE PURCHASE, LEASE, RENTAL, OR MANAGEMENT OF REAL PROPERTY IS NEGOTIABLE AND SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS THE BROKER'S CLIENT.";

(7) (6) the following "dual agency" disclosure statement:

If you choose to purchase a property listed by broker, a dual agency will be created. This means that broker will represent both you and the seller(s), and owe the same duties to the seller(s) that broker owes to you. This conflict of interest will prohibit broker from advocating exclusively on your behalf. Dual agency will limit the level of


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representation broker can provide. If a dual agency should arise, you will need to agree that confidential information about price, terms, and motivation will still be kept confidential unless you instruct broker in writing to disclose specific information about you. All other information will be shared. Broker cannot act as a dual agent unless both you and the seller(s) agree to it. By agreeing to a possible dual agency, you will be giving up the right to exclusive representation in an in-house transaction. However, if you should decide not to agree to a possible dual agency, and you want broker to represent you, you may give up the opportunity to purchase the properties listed by broker.

Buyer's Instructions to Broker

. . . . . . . Buyer(s) will agree to a dual agency representation

and will consider properties listed by broker.

. . . . . . . Buyer will not agree to a dual agency

representation and will not consider

properties listed by broker.

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

Buyer Broker

. . . . . . . . . . . . . . . . . . . . . . . . . By: . . . . . . . . . . . . . . . . . . . .

Buyer Salesperson

Date: . . . . . . . . . . . . . . . . . . .; and

(8) (7) for buyer's broker agreements which involve residential real property, a notice stating that after the expiration of the buyer's broker agreement, the buyer will not be obligated to pay the licensee a fee or commission if the buyer has executed another valid buyer's broker agreement pursuant to which the buyer is obligated to pay a fee or commission to another licensee for the purchase, lease, or exchange of real property.

Sec. 9. Minnesota Statutes 2000, section 82.197, subdivision 1, is amended to read:

Subdivision 1. [AGENCY DISCLOSURE.] A real estate broker or salesperson shall provide to a consumer in the sale and purchase of a residential real property transaction at the first substantive contact with the consumer an agency disclosure form in substantially the form set forth in subdivision 4. The agency disclosure form shall be intended to provide a description of available options for agency and nonagency relationships, and a description of the role of a licensee under each option. The agency disclosure form shall provide a signature line for acknowledgment of receipt by the consumer.

Sec. 10. Minnesota Statutes 2000, section 82.197, subdivision 4, is amended to read:

Subd. 4. [AGENCY DISCLOSURE FORM.] The agency disclosure form shall be in substantially the form set forth below:

AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

Minnesota law requires that early in any relationship, real estate brokers or salespersons discuss with consumers what type of agency representation or relationship they desire.(1) The available options are listed below. This is not a contract. This is an agency disclosure form only. If you desire representation, you must enter into a


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written contract according to state law (a listing contract or a buyer representation contract). Until such time as you choose to enter into a written contract for representation or assistance, you will be treated as a customer of the broker or salesperson and not represented by the brokerage and will not receive any representation from the broker or salesperson. The broker or salesperson would then will be acting as a Seller's broker Facilitator (see paragraph I V below), or as a nonagent (see paragraph IV below) unless the broker or salesperson is representing another party as described below.

ACKNOWLEDGMENT: I/We acknowledge that I/We have been presented with the below-described options. I/We understand that until I/We have signed a representation contract, I/We are not represented by the broker/salesperson and information given to the broker/salesperson may be disclosed. I/We understand that written consent is required for a dual agency relationship. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION.

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

Signature Date

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

Signature Date

I.

Seller's Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker, represents the Seller and acts on behalf of the Seller. A broker or salesperson working with a Buyer may also act as a subagent of the Seller, in which case the Buyer is the broker's customer and is not represented by that broker. A Seller's broker owes to the Seller the fiduciary duties described below.(2) The broker must also disclose to the Buyer any material facts(3) of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. If a broker or salesperson who is working with a Buyer as a customer and is representing the Seller and to whom any information is disclosed, he or she must act in the Seller's interests best interest and must tell the Seller the any information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph V below). In that case, the Buyer will not be represented and will not receive advice and counsel from the broker or salesperson.

II.

Subagent: A broker or salesperson who is working with a Buyer but represents the Seller. In this case, the Buyer is the broker's customer and is not represented by that broker. If a broker or salesperson working with a Buyer as a customer is representing the Seller, he or she must act in the Seller's best interest and must tell the Seller any information that is disclosed to him or her. In that case, the Buyer will not be represented and will not receive advice and counsel from the broker or salesperson.

III.

Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson to represent and act on behalf of the Buyer. The broker may represent the Buyer only, and not the Seller, even if the broker he or she is being paid in whole or in part by the Seller. A Buyer's broker owes to the Buyer the fiduciary duties described below.(2) The broker must disclose to the Buyer any material facts(3) of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. If a broker or salesperson working with a Seller as a customer is representing the Buyer, he or she must act in the Buyer's best interest and must tell the Buyer any information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph V below). In that case, the Seller will not be represented and will not receive advice and counsel from the broker or salesperson.


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III. IV.

Dual Agency-Broker Representing both Seller and Buyer: Dual agency occurs when one broker or salesperson represents both parties to a transaction, or when two salespersons licensed to the same broker each represent a party to the transaction. Dual agency requires the informed consent of all parties, and means that the broker and salesperson owe the same duties to the Seller and the Buyer. This role limits the level of representation the broker and salespersons can provide, and prohibits them from acting exclusively for either party. In a dual agency, confidential information about price, terms, and motivation for pursuing a transaction will be kept confidential unless one party instructs the broker or salesperson in writing to disclose specific information about the party writing him or her. Other information will be shared. Dual agents may not advocate for one party to the detriment of the other.(3)(4)

Within the limitations described above, dual agents owe to both Seller and Buyer the fiduciary duties described below.(2) Dual agents must disclose to Buyers any material facts(3) of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property.

IV. V.

Nonagent Facilitator: A broker or salesperson may perform who performs services for either party as a nonagent, if that party signs a nonagency services agreement a Buyer, a Seller, or both but does not represent either in a fiduciary capacity as a Buyer's Broker, Seller's Broker, or Dual Agent. As a nonagent the broker or salesperson facilitates the transaction, but does not act on behalf of either party. THE NONAGENT FACILITATOR BROKER OR SALESPERSON DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY DUTIES LISTED BELOW, UNLESS THOSE DUTIES ARE INCLUDED IN THE WRITTEN NONAGENCY FACILITATOR SERVICES AGREEMENT. The nonagent facilitator broker or salesperson owes only the duty of confidentiality to the party but owes no other duty to the party except those duties required by law or contained in the a written nonagency facilitator services agreement, if any. In the event a facilitator broker or salesperson, working with a Buyer, shows a property listed by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Seller's Broker (see paragraph I above). In the event a facilitator broker or salesperson, working with a Seller, accepts a showing of the property by a Buyer being represented by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Buyer's Broker (see paragraph III above).

ACKNOWLEDGMENT: I/We acknowledge that I/We have been presented-with the above described options. I/We understand that Buyers who have not signed a Buyer representation contract or nonagency services agreement are not represented by the broker/salesperson and information given to the broker/salesperson will be disclosed to the Seller. I/We understand that written consent is required for a dual agency relationship. This is a disclosure only, NOT a contract for representation.

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

Seller Date Buyer Date

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

Seller Date Buyer Date

**************************************************************** ***************************

(1) This disclosure is required by law in any transaction involving property occupied or intended to be occupied by one to four families as their residence.

(2) The fiduciary duties mentioned above are listed below and have the following meanings:

Loyalty-broker/salesperson will act only in client(s)' best interest.


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Obedience-broker/salesperson will carry out all client(s)' lawful instructions.

Disclosure-broker/salesperson will disclose to client(s) all material facts of which broker/salesperson has knowledge which might reasonably affect the client's rights and interests.

Confidentiality-broker/salesperson will keep client(s)' confidences unless required by law to disclose specific information (such as disclosure of material facts to Buyers).

Reasonable Care-broker/salesperson will use reasonable care in performing duties as an agent.

Accounting-broker/salesperson will account to client(s) for all client(s)' money and property received as agent.

(3) Material facts. Licensees and/or seller(s) shall disclose to any prospective purchaser all material facts pertaining to adverse physical conditions in the property, of which the licensees and/or seller(s) are aware, which could adversely and significantly affect an ordinary purchaser's use or enjoyment of the property, or any intended use of the property of which the licensees and/or seller(s) are aware.

(4) If Seller(s) decides not to agree to a dual agency relationship, Seller(s) may give up the opportunity to sell the property to Buyers represented by the broker/salesperson. If Buyer(s) decides not to agree to a dual agency relationship, Buyer(s) may give up the opportunity to purchase properties listed by the broker.

Sec. 11. Minnesota Statutes 2000, section 82.197, is amended by adding a subdivision to read:

Subd. 6. [MATERIAL FACTS.] (a) Licensees shall disclose to any prospective purchaser all material facts pertaining to adverse physical conditions in the property, of which the licensees are aware, which could adversely and significantly affect an ordinary purchaser's use or enjoyment of the property, or any intended use of the property of which the licensees are aware.

(b) It is not a material fact relating to real property offered for sale and no cause of action shall arise against an owner of real property or a licensee for failure to disclose in any real estate transaction the fact or suspicion that the property:

(1) is or was occupied by an owner or occupant who is or was suspected to be infected with human immunodeficiency virus or diagnosed with acquired immunodeficiency syndrome;

(2) was the site of a homicide, suicide, accidental death, natural death, perceived paranormal activity, or felony; or

(3) resides in a neighborhood containing any adult family home, community-based residential facility, or nursing home.

An owner of real property or a licensee shall be immune from civil liability or criminal penalty for failure to disclose a fact contained in clauses (1) through (3).

(c) A licensee or employee of the licensee has no duty to disclose information regarding an offender who is required to register under section 243.166, or about whom notification is made under that section, and a licensee or employee of a licensee is immune from liability for failure to disclose this information if the broker or salesperson, in a timely manner, provides a written notice that information about the predatory offender registry and persons registered with the registry may be obtained by contacting local law enforcement where the property is located or the department of corrections.

(d) A licensee is not required to disclose, except as otherwise provided in paragraph (e), information relating to the physical condition of the property or any other information relating to the real estate transaction, if a written report that discloses the information has been prepared by a qualified third party and provided to the person. For


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the purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the broker, salesperson, or a party to the real estate transaction reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third party in order to prepare the written report and who is acceptable to the person to whom the disclosure is being made.

(e) A licensee shall disclose to the parties to a real estate transaction any facts known by the broker or salesperson that contradict any information included in a written report, if a copy of the report is provided to the licensee, described in paragraph (d).

(f) Disclosures made in accordance with the requirements of this subdivision relating to disclosure of material facts are sufficient to satisfy common-law disclosure requirements.

Sec. 12. Minnesota Statutes 2000, section 82.22, subdivision 13, is amended to read:

Subd. 13. [CONTINUING EDUCATION.] (a) After their first renewal date, all real estate salespersons and all real estate brokers shall be required to successfully complete 30 hours of real estate continuing education, either as a student or a lecturer, in courses of study approved by the commissioner, during each 24-month license period. At least 15 of the 30 credit hours must be completed during the first 12 months of the 24-month licensing period. Salespersons and brokers whose initial license period extends more than 12 months are required to complete 15 hours of real estate continuing education during the initial license period. Those licensees who will receive a 12-month license on July 1, 1995, because of the staggered implementation schedule must complete 15 hours of real estate continuing education as a requirement for renewal on July 1, 1996. Licensees may not claim credit for continuing education not actually completed as of the date their report of continuing education compliance is filed.

(b) The commissioner shall adopt rules defining the standards for course and instructor approval, and may adopt rules for the proper administration of this subdivision. The commissioner may not approve a course which can be completed by the student at home or outside the classroom without the supervision of an instructor approved by the department of commerce. The commissioner has discretion to establish a pilot program to explore delivery of except accredited courses using new delivery technology, including interactive technology, and the Internet. This pilot program expires on August 1, 2001. Courses in motivation, salesmanship, psychology, or time management shall not be approved by the commissioner for continuing education credit.

(c) Any program approved by Minnesota continuing legal education shall be approved by the commissioner of commerce for continuing education for real estate brokers and salespeople if the program or any part thereof relates to real estate.

(d) As part of the continuing education requirements of this section, the commissioner shall require that all real estate brokers and salespersons receive:

(1) at least two hours one hour of training during each license period in courses in laws or regulations on agency representation and disclosure; and

(2) at least two hours one hour of training during each license period in courses in state and federal fair housing laws, regulations, and rules, or other antidiscrimination laws.

Clause Clauses (1) does and (2) do not apply to real estate salespersons and real estate brokers engaged solely in the commercial real estate business who file with the commissioner a verification of this status along with the continuing education report required under paragraph (a).

(e) The commissioner is authorized to establish a procedure for renewal of course accreditation.


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(f) Approved courses may be sponsored or offered by a broker of a real estate company and may be held on the premises of a company licensed under this chapter. All course offerings must be open to any interested individuals. Access may be restricted by the sponsor based on class size only. Courses must not be approved if attendance is restricted to any particular group of people. A broker must comply with all continuing education rules prescribed by the commissioner.

(g) No more than one-half of the credit hours per licensing period, including continuing education required under subdivision 6, may be credited to a person for attending any combination of courses either: (1) sponsored by, offered by, or affiliated with a real estate company or its agents; or (2) offered using new delivery technology, including computer, interactive technology, and the Internet.

Sec. 13. Minnesota Statutes 2000, section 82.24, subdivision 8, is amended to read:

Subd. 8. [ACCRUED INTEREST.] (a) Each broker shall maintain a pooled interest-bearing trust account for deposit of client funds. The interest accruing on the trust account, less reasonable transaction costs, must be paid to the state treasurer for deposit in the housing trust fund account created under section 462A.201 unless otherwise specified pursuant to an expressed written agreement between the parties to a transaction.

(b) For an account created under paragraph (a), each broker shall direct the financial institution to:

(1) pay the interest, less reasonable transaction costs, computed in accordance with the financial institution's standard accounting practice, at least quarterly, to the state treasurer; and

(2) send a statement to the state treasurer showing the name of the broker for whom the payment is made, the rate of interest applied, the amount of service charges deducted, and the account balance for the period in which the report is made.

The state treasurer shall credit the amount collected under this subdivision to the housing trust fund account established in section 462A.201.

(c) The financial institution must promptly notify the commissioner if a draft drawn on the account is dishonored. A draft is not dishonored if a stop payment order is requested by an issuer who has a good faith defense to payment on the draft.

Sec. 14. Minnesota Statutes 2000, section 82.27, subdivision 3, is amended to read:

Subd. 3. [ORDER TO SHOW CAUSE.] The commissioner shall issue an order requiring a licensee or applicant for a license to show cause why the license should not be revoked or suspended, or the licensee censured, or the application denied. The order shall be calculated to give reasonable notice of the time and place for hearing thereon, and shall state the reasons specific statute or rule that has been violated for the entry of the order. The commissioner may by order summarily suspend a license pending final determination of any order to show cause. If a license is suspended pending final determination of an order to show cause, a hearing on the merits shall be held within 30 days of the issuance of the order of suspension. All hearings shall be conducted in accordance with the provisions of chapter 14. After the hearing, the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or applicant fails to appear at a hearing after having been duly notified of it, such person shall be deemed in default, and the proceeding may be determined against the licensee or applicant upon consideration of the order to show cause, the allegations of which may be deemed to be true.

Sec. 15. Minnesota Statutes 2000, section 82.32, is amended to read:

82.32 [PENALTY.]

Any person who violates any provision of this chapter, or any rule or order of the commissioner, shall be guilty of a gross misdemeanor.


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Sec. 16. Minnesota Statutes 2000, section 82.34, subdivision 15, is amended to read:

Subd. 15. Any sums received by the commissioner pursuant to any provisions of this section shall be deposited in the state treasury, and credited to the real estate education, research and recovery fund, and said sums shall be allocated exclusively for the purposes provided in this section. All moneys in the fund are appropriated annually to the commissioner for the purposes of this section.

All money credited to the fund under section 462A.201 may only be used for purposes under subdivision 6, clause (g). Beginning in 1990, the commissioner must, on February 1 of each year, review the amount of money spent or allocated for uses under subdivision 6, clause (g), for the previous calendar year. If the amount spent or allocated is less than the amount credited to the fund under section 462A.201 during the same calendar year, the difference must be transferred from the fund to the housing trust fund account established in section 462A.201. If the fund balance exceeds $6,000,000, the commissioner may suspend the fee imposed under subdivision 3.

Sec. 17. Minnesota Statutes 2000, section 82B.14, is amended to read:

82B.14 [EXPERIENCE REQUIREMENT.]

(a) As a prerequisite for licensing as a registered real property appraiser or licensed real property appraiser, an applicant must present evidence satisfactory to the commissioner that the person has obtained 2,000 hours of experience in real property appraisal.

As a prerequisite for licensing as a certified residential real property appraiser, an applicant must present evidence satisfactory to the commissioner that the person has obtained 2,500 hours of experience in real property appraisal.

As a prerequisite for licensing as a certified general real property appraiser, an applicant must present evidence satisfactory to the commissioner that the person has obtained 3,000 hours of experience in real property appraisal. At least 50 percent, or 1,500 hours, must be in nonresidential appraisal work.

(b) Each applicant for license under section 82B.11, subdivision 3, 4, or 5, shall give under oath a detailed listing of the real estate appraisal reports or file memoranda for which experience is claimed by the applicant. Upon request, the applicant shall make available to the commissioner for examination, a sample of appraisal reports that the applicant has prepared in the course of appraisal practice.

(c) Applicants may not receive credit for experience accumulated while unlicensed, if the experience is based on activities which required a license under this section.

Sec. 18. Minnesota Statutes 2000, section 83.25, subdivision 1, is amended to read:

Subdivision 1. No person shall offer or sell in this state any interest in subdivided lands without having obtained:

(1) a license under chapter 82; and

(2) an additional license to offer or dispose of subdivided lands. This license may be obtained by submitting an application in writing to the commissioner upon forms prepared and furnished by the commissioner. Each application shall be signed and sworn to by the applicant and accompanied by a license fee of $10 per year. The commissioner may also require an additional examination for this license.

Sec. 19. Minnesota Statutes 2000, section 317A.203, is amended to read:

317A.203 [NUMBER.]

A board of directors must consist of three or more individuals, with the number specified in or fixed in accordance with the articles or bylaws, except that if the corporation has either one or two members with voting rights, the number of directors may be less than three but not less than the number of members with voting rights.


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Sec. 20. [325F.995] [REAL PROPERTY SALE DISCLOSURES.]

Subdivision 1. [GENERALLY.] When selling real property, a seller shall disclose to any prospective purchaser all material facts pertaining to adverse physical conditions in the property of which the seller is aware and which could adversely and significantly affect an ordinary purchaser's use or enjoyment of the property, or any intended use of the property of which the seller is aware.

Subd. 2. [NOT MATERIAL FACTS.] It is not a material fact relating to real property offered for sale and no cause of action shall arise against an owner of real property for failure to disclose in any real estate transaction the fact or suspicion that the real property:

(1) is or was occupied by an owner or occupant who is or was suspected to be infected with human immunodeficiency virus or diagnosed with acquired immunodeficiency syndrome;

(2) was the site of a homicide, suicide, accidental death, natural death, perceived paranormal activity, or felony; or

(3) resides in a neighborhood containing any adult family home, community-based residential facility, or nursing home.

An owner of real property shall be immune from civil liability or criminal penalty for failure to disclose a fact contained in clauses (1) through (3).

Subd. 3. [OFFENDERS.] A seller has no duty to disclose information regarding an offender who is required to register under section 243.166, or about whom notification is made under that section, and a seller is immune from liability for failure to disclose the information if the seller, in a timely manner, provides a written notice that information about the predatory offender registry and persons registered with the registry may be obtained by contacting local law enforcement where the property is located or the department of corrections.

Subd. 4. [REMEDIES.] A person injured by a violation of this section may bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court.

Sec. 21. Minnesota Statutes 2000, section 326.91, subdivision 1, is amended to read:

Subdivision 1. [CAUSE.] The commissioner may by order deny, suspend, or revoke any license or may censure a licensee, and may impose a civil penalty as provided for in section 45.027, subdivision 6, if the commissioner finds that the order is in the public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or other agent, owner, partner, director, governor, shareholder, member, officer, qualifying person, or managing employee of the applicant or licensee or any person occupying a similar status or performing similar functions:

(1) has filed an application for a license which is incomplete in any material respect or contains any statement which, in light of the circumstances under which it is made, is false or misleading with respect to any material fact;

(2) has engaged in a fraudulent, deceptive, or dishonest practice;

(3) is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the business;

(4) has failed to reasonably supervise employees, agents, subcontractors, or salespersons, or has performed negligently or in breach of contract, so as to cause injury or harm to the public;

(5) has violated or failed to comply with any provision of sections 326.83 to 326.98 or any rule or order under sections 326.83 to 326.98;


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(6) has been shown to be incompetent, untrustworthy, or financially irresponsible;

(7) has been convicted of a violation failed to meet the minimum standards of the State Building Code in the construction or improvement of residential real estate;

(8) has failed to use the proceeds of any payment made to the licensee for the construction of, or any improvement to, residential real estate, as defined in section 326.83, subdivision 17, for the payment of labor, skill, material, and machinery contributed to the construction or improvement, knowing that the cost of any labor performed, or skill, material, or machinery furnished for the improvement remains unpaid;

(9) has not furnished to the person making payment either a valid lien waiver as to any unpaid labor performed, or skill, material, or machinery furnished for an improvement, or a payment bond in the basic amount of the contract price for the improvement conditioned for the prompt payment to any person or persons entitled to payment;

(10) has engaged in conduct which was the basis for a contractor's recovery fund payment pursuant to section 326.975, which payment has not been reimbursed;

(11) has engaged in bad faith, unreasonable delays, or frivolous claims in defense of a civil lawsuit arising out of their activities as a licensee under this chapter;

(12) has had a judgment entered against them for failure to make payments to employees or subcontractors, and all appeals of the judgment have been exhausted or the period for appeal has expired;

(13) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious license number or the license number of another, or, if licensed, has knowingly allowed an unlicensed person to use the licensee's license number for the purpose of fraudulently obtaining a building permit; or

(14) has made use of forged mechanics' lien waivers under chapter 514.

Sec. 22. Minnesota Statutes 2000, section 326.975, subdivision 1, is amended to read:

Subdivision 1. [GENERALLY.] (a) In addition to any other fees, each applicant for a license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. The contractor's recovery fund is created in the state treasury and must be administered by the commissioner in the manner and subject to all the requirements and limitations provided by section 82.34 with the following exceptions:

(1) each licensee who renews a license shall pay in addition to the appropriate renewal fee an additional fee which shall be credited to the contractor's recovery fund. The amount of the fee shall be based on the licensee's gross annual receipts for the licensee's most recent fiscal year preceding the renewal, on the following scale:

Fee Gross Receipts

$100 under $1,000,000

$150 $1,000,000 to $5,000,000

$200 over $5,000,000

Any person who receives a new license shall pay a fee based on the same scale;

(2) the sole purpose of this fund is to compensate any aggrieved owner or lessee of residential property located within this state who obtains a final judgment in any court of competent jurisdiction against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance arising directly out of any transaction when the judgment debtor was licensed and performed any of the activities enumerated under section 326.83, subdivision 19, on the owner's residential property or on residential


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property rented by the lessee, or on new residential construction which was never occupied prior to purchase by the owner, or which was occupied by the licensee for less than one year prior to purchase by the owner, and which cause of action arose on or after April 1, 1994;

(3) nothing may obligate the fund for more than $50,000 per claimant, nor more than $50,000 $100,000 per licensee; and

(4) nothing may obligate the fund for claims based on a cause of action that arose before the licensee paid the recovery fund fee set in clause (1), or as provided in section 326.945, subdivision 3.

(b) Should the commissioner pay from the contractor's recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license shall be automatically suspended upon the effective date of an order by the court authorizing payment from the fund. No licensee shall be granted reinstatement until the licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount paid from the fund on the licensee's account, and has obtained a surety bond issued by an insurer authorized to transact business in this state in the amount of at least $40,000.

Sec. 23. Minnesota Statutes 2000, section 332.33, is amended by adding a subdivision to read:

Subd. 4a. [EXAMINATION AND INVESTIGATION COSTS.] The licensee shall pay the costs of an examination or investigation by the commissioner or on the commissioner's behalf in the manner provided under section 60A.03, subdivision 5.

Sec. 24. Minnesota Statutes 2000, section 332.41, is amended to read:

332.41 [APPEALS.]

Subdivision 1. [FILING OF APPEAL.] In the rejection of an application for a license or the renewal thereof filed under sections 332.31 to 332.45 or of the suspension or revocation of a license granted under sections 332.31 to 332.45 the applicant or licensee may within 90 days after receipt of notice of such rejection, suspension, or revocation, file an appeal and thereafter prosecute the appeal in accordance with the provisions of the statutes governing appeal from, or review of, decisions of administrative agencies in this state.

Subd. 2. [SUPERSEDEAS.] The filing of an appeal from an order of the commissioner of commerce rejecting an application for a license by a collection agency engaged in business as of July 1, 1969, or rejecting an application for the renewal of a license, or suspending or revoking a license within 60 days after the date of such order, shall operate as a supersedeas which shall continue pending final determination of such appeal.

Appeal from a denial, suspension, revocation, or censure of a license must be made according to chapter 14.

Sec. 25. Minnesota Statutes 2000, section 359.02, is amended to read:

359.02 [TERM.]

A notary commissioned under section 359.01 holds office for five years, unless sooner removed by the governor or the district court, or by action of the commissioner. Within seven months 60 days before the expiration of the commission a notary may be reappointed apply for reappointment for a new term to commence and to be designated in the new commission as beginning upon the day immediately following the date of the expiration. The reappointment takes effect and is valid although the appointing governor may not be in the office of governor on the effective day.

(a) All notary commissions issued before January 31, 1995, will expire on January 31, 1995.


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(b) All notary commissions issued after January 31, 1995, will expire at the end of the licensing period, which will end every fifth year following January 31, 1995.

(c) All notary commissions issued during a licensing period expire at the end of that period as set forth in this section expire on January 31 of the fifth year following the year of issue.

Sec. 26. [EFFECTIVE DATE.]

Sections 1 to 6, 16, 17, 21, and 24 are effective the day following final enactment. Section 22 is effective January 1, 2001, and applies to claims arising from incidents or conduct occurring on or after that date."

Delete the title and insert:

"A bill for an act relating to commerce; regulating currency exchanges, real estate brokers, real property appraisers, subdivided land sales licenses, residential contractors, and collection agencies; modifying certain continuing education requirements; regulating certain fees, costs, duties, rights, penalties, and recovery fund amounts; regulating nonprofit corporations; providing certain real property transaction disclosures; amending Minnesota Statutes 2000, sections 45.0295; 53A.081, subdivision 2; 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; 82.32; 82.34, subdivision 15; 82B.14; 83.25, subdivision 1; 317A.203; 326.91, subdivision 1; 326.975, subdivision 1; 332.33, by adding a subdivision; 332.41; 359.02; proposing coding for new law in Minnesota Statutes, chapter 325F."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

S. F. No. 9, A bill for an act relating to local government; authorizing cities to provide housing assistance to secure fire and ambulance service; proposing coding for new law in Minnesota Statutes, chapter 412.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

S. F. No. 266, A bill for an act relating to government; requiring that local governmental units in the metropolitan area include consideration of the protection and development of aggregate resources in their land use plan as a part of their comprehensive plan; amending Minnesota Statutes 2000, section 473.859, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 4, delete "the protection and development of"


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Amend the title as follows:

Page 1, line 4, delete "the protection and development of"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

S. F. No. 400, A bill for an act relating to the town of Hokah; authorizing the town of Hokah in Houston county to vacate a road in an emergency situation.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

S. F. No. 509, A bill for an act relating to local government; authorizing the use of credit cards by city and town officers and employees; providing for payment of city and county obligations by electronic transfer or credit card; authorizing electronic approvals; amending Minnesota Statutes 2000, section 471.38, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 471.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 116, 252, 368, 406, 642, 655 and 1084 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 433, 480, 647, 9, 400 and 509 were read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Harder, Cassell and Abeler introduced:

H. F. No. 1605, A bill for an act relating to education finance; creating a revolving loan fund for school district emergency fuel assistance; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Holberg and Smith introduced:

H. F. No. 1606, A bill for an act relating to data practices; authorizing the issuance of advisory opinions regarding overly burdensome requests for public data; clarifying provisions relating to security information and applicant data; amending Minnesota Statutes 2000, sections 13.072, subdivision 1; 13.37, subdivision 1; 13.43, subdivision 3.

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

Tuma introduced:

H. F. No. 1607, A bill for an act relating to human services; eliminating the requirement that counties pay for a share of certain residential and day habilitation service costs; amending Laws 1995, chapter 207, article 3, section 21, as amended.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Tuma, Fuller, Skoglund and Clark, J., introduced:

H. F. No. 1608, A bill for an act relating to crime; sentences; providing that offenses committed, as opposed to convictions entered, prior to a later offense are considered when sentencing certain dangerous and repeat offenders; providing for consecutive sentences for certain dangerous and repeat offenders; amending Minnesota Statutes 2000, sections 609.1095; 609.15, subdivision 1.

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

Dehler and Kahn introduced:

H. F. No. 1609, A bill for an act relating to state employment; modifying various provisions of the state personnel system; amending Minnesota Statutes 2000, sections 43A.02, subdivisions 4, 6, 11, 26, 32, 34, and by adding subdivisions; 43A.04, subdivisions 3 and 4; 43A.05, subdivision 1; 43A.10; 43A.11, subdivisions 3, 4, 5, 6, 7, 8, and 9; 43A.15, subdivisions 1, 4, 7, 14, and 15; 43A.16, subdivision 1; 43A.191, subdivision 3; 43A.36, subdivision 1; 43A.39, subdivision 1; and 197.455; repealing Minnesota Statutes 2000, sections 43A.02, subdivisions 7, 8, 15, 16, 19, 20, and 37; 43A.12; 43A.13; and 43A.15, subdivisions 2, 3, 8, 9, 10, 11, and 13.

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


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Jennings introduced:

H. F. No. 1610, A resolution relating to treatments for congestive heart failure.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Rukavina introduced:

H. F. No. 1611, A bill for an act relating to taxation; providing for certain taconite production tax distributions; amending Minnesota Statutes 2000, section 298.225, subdivision 1.

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

Kelliher, Hackbarth, Skoe and Ozment introduced:

H. F. No. 1612, A bill for an act relating to waters; providing for administrative penalty orders; modifying water appropriation permit provisions; establishing fees; providing civil penalties; amending Minnesota Statutes 2000, sections 103G.271, subdivisions 1, 5, and 5a; and 103G.301, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 103G.

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

Wagenius, McElroy, Dawkins, Daggett and Erhardt introduced:

H. F. No. 1613, A bill for an act relating to taxation; exempting low-income housing owned by a qualified nonprofit agency from property taxation; exempting construction and rehabilitation of low-income housing owned by a qualified nonprofit agency from the sales tax; providing for payments in lieu of taxes; amending Minnesota Statutes 2000, sections 272.02, by adding a subdivision; 297A.71, by adding a subdivision; 297A.75.

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

Gerlach introduced:

H. F. No. 1614, A bill for an act relating to education finance; eliminating the concentration factor in compensatory revenue; amending Minnesota Statutes 2000, sections 126C.05, subdivision 3; 126C.10, subdivision 19; 126C.15, subdivisions 1, 5; repealing Minnesota Statutes 2000, section 126C.10, subdivision 3.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Entenza; Davids; Osthoff; Johnson, J., and Stang introduced:

H. F. No. 1615, A bill for an act relating to insurance; regulating liquidations and investments of insurers; amending Minnesota Statutes 2000, sections 60B.44, subdivision 4; 60L.01, subdivision 14; 60L.10, subdivision 1; 61A.276, subdivision 2; 61A.28, subdivision 6; 61A.29, subdivision 2.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.


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Thompson and Seifert introduced:

H. F. No. 1616, A bill for an act relating to public safety; repealing obsolete rules of the commissioner of public safety prescribing standards for sirens on emergency vehicles; repealing Minnesota Rules, parts 7420.0200; 7420.0300; 7420.0400; 7420.9910; 7420.9920; 7420.9930.

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

Walker; Gray; Koskinen; Mariani; Hausman; Kahn; Johnson, R.; Clark, K.; Dawkins; Paymar and Rukavina introduced:

H. F. No. 1617, A bill for an act relating to poverty; repealing the five-year limit on assistance to needy families; amending Minnesota Statutes 2000, sections 256J.32, subdivision 4; and 256J.43, subdivision 1; repealing Minnesota Statutes 2000, section 256J.42.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Koskinen; Walker; Huntley; Otremba; Mariani; Clark, K.; Dawkins; Rukavina and Davnie introduced:

H. F. No. 1618, A bill for an act relating to welfare; amending MFIP sanctions; requiring a report by the legislative auditor; amending Minnesota Statutes 2000, section 256J.46, subdivision 1.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Dawkins; Clark, K.; Huntley; Rukavina; Winter; Jaros; Osthoff; Skoe; Kalis; Gleason; Solberg; Kubly; Pugh; Lieder; Gray; Peterson; Marko; Mahoney; Folliard; Kelliher; Wagenius; Greiling; Walker; Dibble; Sertich; Entenza; Hausman; Opatz; Bakk and Larson introduced:

H. F. No. 1619, A bill for an act relating to housing; providing funding for existing and new housing programs; creating housing programs; appropriating money; amending Minnesota Statutes 2000, section 462A.201, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 462A.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Howes introduced:

H. F. No. 1620, A bill for an act relating to annexation; strengthening the effect of an orderly annexation agreement; amending Minnesota Statutes 2000, section 414.0325, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Dehler introduced:

H. F. No. 1621, A bill for an act relating to taxation; sales and use; exempting the purchase of materials and supplies used in constructing public facilities in the city of Sartell; amending Minnesota Statutes 2000, sections 297A.71, by adding a subdivision; 297A.75.

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


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Goodno, Bradley, Haas, Huntley and Boudreau introduced:

H. F. No. 1622, A bill for an act relating to human services; establishing a health care safety net preservation program; allowing voluntary agreements to expand intergovernmental transfers; proposing coding for new law in Minnesota Statutes, chapter 256B.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Mullery, Greiling, Rhodes, Mahoney and Kelliher introduced:

H. F. No. 1623, A bill for an act relating to employment; providing for voluntary paid parental leave; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 268.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Pawlenty, McElroy, Ozment, Lenczewski and Harder introduced:

H. F. No. 1624, A bill for an act relating to taxation; creating a credit for land donated for conservation purposes; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Wolf, Workman, Gunther, Hilty and Folliard introduced:

H. F. No. 1625, A bill for an act relating to human services; establishing 211 telephone human services-related referral and information system; amending Minnesota Statutes 2000, section 237.036; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Haas; Kelliher; Johnson, R.; Schumacher; Leighton; Skoe; Thompson and Gleason introduced:

H. F. No. 1626, A bill for an act relating to elections; limiting independent expenditures by political parties on behalf of their own candidates as a condition of receiving a public subsidy; requiring additional public disclosure; changing times and procedures for distribution of certain public subsidies; limiting certain multicandidate expenditures by political parties; changing certain requirements; limiting certain contributions; increasing the political contribution refund; imposing civil penalties; amending Minnesota Statutes 2000, sections 10A.01, subdivision 18; 10A.20, subdivision 6b, and by adding a subdivision; 10A.25, subdivision 1, and by adding subdivisions; 10A.27, subdivisions 2 and 11; 10A.275, subdivision 1; 10A.28, subdivision 1; 10A.31, subdivisions 5, 7, and by adding a subdivision; 10A.322; 10A.323; and 290.06, subdivision 23.

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

Workman introduced:

H. F. No. 1627, A bill for an act relating to transportation; establishing major transportation project fund for highway and transit projects; allocating proceeds from sales tax on motor vehicles to highway user tax distribution fund and major transportation project fund; proposing an amendment to the Minnesota Constitution by adding a


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section to article XIV to dedicate revenues from motor vehicle sales tax to major transportation project fund; appropriating money; amending Minnesota Statutes 2000, section 297B.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 174.

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

Huntley, Bradley, Abeler, Koskinen and Nornes introduced:

H. F. No. 1628, A bill for an act relating to health; providing for grants to continue a brain injury pilot project; appropriating money.

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

Tingelstad introduced:

H. F. No. 1629, A bill for an act relating to family law; providing for a study of the proposed Uniform Parentage Act.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Ness, Mares, Dorn, Erickson, Buesgens, Kielkucki, Skoe, Biernat and Davnie introduced:

H. F. No. 1630, A bill for an act relating to education; establishing alternative licensure requirements for secondary school science teachers; amending Minnesota Statutes 2000, section 122A.18, subdivision 2.

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

Mullery and Gunther introduced:

H. F. No. 1631, A bill for an act relating to employment; appropriating money for a transitional employment training project.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Mullery and Westrom introduced:

H. F. No. 1632, A bill for an act relating to economic security; appropriating money for certain programs for the blind.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Boudreau introduced:

H. F. No. 1633, A bill for an act relating to human services; modifying the group residential housing supplementary rate for certain facilities; amending Minnesota Statutes 2000, section 256I.05, subdivision 1e.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


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Mahoney; Johnson, S.; Luther; Abeler and Smith introduced:

H. F. No. 1634, A bill for an act relating to social work; applying the duty to warn law to social workers; allowing social workers to form and participate in professional firms; amending Minnesota Statutes 2000, sections 148B.281, by adding a subdivision; 319B.02, subdivision 19; 319B.40.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Daggett, Gleason, Winter and Tingelstad introduced:

H. F. No. 1635, A bill for an act relating to taxes; property; authorizing tax levies in subwatershed units; authorizing a watershed levy for certain increased costs; changing the levy limit for a watershed district fund and changing its name; amending Minnesota Statutes 2000, sections 103B.241, subdivision 1; 103D.905, subdivision 3, and by adding a subdivision.

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

Huntley, Koskinen, Otremba and Walker introduced:

H. F. No. 1636, A bill for an act relating to welfare; providing cash bonuses to MFIP participants who complete certain goals; amending Minnesota Statutes 2000, sections 256J.21, subdivision 2; 256J.49, subdivision 12; and 256J.751; proposing coding for new law in Minnesota Statutes, chapter 256J.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Buesgens introduced:

H. F. No. 1637, A bill for an act relating to counties; repealing provisions requiring licensing of hawkers and peddlers by counties; repealing Minnesota Statutes 2000, sections 329.02; 329.03; 329.04; 329.05; 329.06; 329.07; 329.08; 329.09.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Skoglund introduced:

H. F. No. 1638, A bill for an act relating to the courts; authorizing courts to accept affidavits in lieu of a hearing on a name change application; amending Minnesota Statutes 2000, section 259.10, subdivision 1.

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

Wolf introduced:

H. F. No. 1639, A bill for an act relating to telecommunications; regulating telecommunication services purchasing cooperatives; amending Minnesota Statutes 2000, section 308A.210, subdivisions 1, 2, 5, and 8.

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


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Buesgens introduced:

H. F. No. 1640, A bill for an act relating to taxes; sales and use; exempting the purchase of construction materials, supplies, and equipment used in constructing a library and a police department facility in the city of Shakopee; amending Minnesota Statutes 2000, sections 297A.71, by adding a subdivision; 297A.75.

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

Cassell, Pelowski, Seifert, Davnie and Mares introduced:

H. F. No. 1641, A bill for an act relating to education; requiring educators to display their license or credential in school; amending Minnesota Statutes 2000, section 122A.22.

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

Erickson, Greiling, Entenza, Mares and Kielkucki introduced:

H. F. No. 1642, A bill for an act relating to education; funding the on-line computer-based library catalogue system in state agency libraries; appropriating money.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Kahn; Osskopp; Hilty; Biernat; Jaros; Dibble; Johnson, R.; Johnson, S.; McGuire; Greiling; Pugh; Entenza; Mullery; Clark, K.; Skoglund; Hausman; Winter; Kelliher; Thompson; Wagenius; Evans; Lieder; Kalis; Slawik; Otremba; Folliard; Mahoney; Carlson; Goodwin; Luther; Gray; Leighton; Wasiluk; Davnie and Marko introduced:

H. F. No. 1643, A bill for an act relating to the environment; creating state and local government procurement policies and administrative practices to ensure sustainability; providing penalties; appropriating money; amending Minnesota Statutes 2000, sections 16B.121; 16B.122, subdivision 2; 16B.32, by adding a subdivision; 16B.54, by adding a subdivision; 18B.063; 115A.055, subdivision 1; 115A.15, by adding a subdivision; and 471.345, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 16C; and 115A.

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

Kahn, Tingelstad, Greiling, Evans, Jaros, Pugh, Entenza, Mullery, Biernat, Skoglund, Hausman, Kelliher, Thompson, Wagenius, Lieder, Kalis, Slawik, Otremba, Folliard, Mahoney, Carlson, Goodwin, Murphy, Luther, Gray, Leighton, Wasiluk, Davnie, Marko, Peterson, Schumacher, Larson, Hilstrom and Dorn introduced:

H. F. No. 1644, A bill for an act relating to energy; requiring an energy efficiency impact statement and energy efficiency standards for capital improvement projects and public buildings; amending Minnesota Statutes 2000, sections 16B.335, by adding a subdivision; 216C.20, subdivision 1; and 471.345, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16A.

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


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Rhodes, Folliard, Stang, Entenza and Hackbarth introduced:

H. F. No. 1645, A bill for an act relating to liquor; authorizing additional on-sale intoxicating liquor licenses for the city of St. Louis Park.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Wenzel, Dorn and Opatz introduced:

H. F. No. 1646, A bill for an act relating to retirement; modifying teachers retirement provisions for labor organization employees; amending Minnesota Statutes 2000, section 354.41, subdivision 4; repealing Minnesota Statutes 2000, section 354.41, subdivision 9.

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

Mares; Wasiluk; Johnson, S.; Mahoney and Osthoff introduced:

H. F. No. 1647, A bill for an act relating to transportation; appropriating money for engineering study of trail in Ramsey and Washington counties.

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

Hausman, Mariani and Osthoff introduced:

H. F. No. 1648, A bill for an act relating to capital improvements; providing for a grant to the city of St. Paul for improvements on Raspberry Island; appropriating money.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Opatz, Tuma, Pelowski, Dehler and Stang introduced:

H. F. No. 1649, A bill for an act relating to higher education; providing resident tuition rates for certain nonresident students; phasing out the tuition reciprocity program; amending Minnesota Statutes 2000, sections 135A.031, subdivision 2; 136A.08, subdivision 6, by adding a subdivision; repealing Minnesota Statutes 2000, section 136A.08.

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

Penas, Finseth, Skoe, Howes and Lieder introduced:

H. F. No. 1650, A bill for an act relating to education; providing for a new teacher mentoring pilot program; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 670

Olson and Kielkucki introduced:

H. F. No. 1651, A bill for an act relating to taxation; sales and use; exempting the purchase of construction materials and supplies used in constructing a city hall in the city of Annandale; amending Minnesota Statutes 2000, sections 297A.71, by adding a subdivision; and 297A.75.

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

Mares, Wasiluk, Mahoney and Osthoff introduced:

H. F. No. 1652, A bill for an act relating to appropriations; appropriating money for the Bruce Vento Regional Trail.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Gleason introduced:

H. F. No. 1653, A bill for an act relating to education; increasing the crime-related costs levy; amending Minnesota Statutes 2000, section 126C.44.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Wenzel and Dehler introduced:

H. F. No. 1654, A bill for an act relating to appropriations; appropriating money for the city zoo in Little Falls.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Dorn, Goodno, Abeler, Smith and Pelowski introduced:

H. F. No. 1655, A bill for an act relating to relating to civil law; providing for civil actions against the state under the federal Age Discrimination in Employment Act and the federal Fair Labor Standards Act; proposing coding for new law in Minnesota Statutes, chapter 1.

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

Rukavina and Sertich introduced:

H. F. No. 1656, A bill for an act relating to retirement; teachers retirement association and first class city teacher retirement fund associations; authorizing the purchase of developmental achievement center or day activity center teaching service credit; amending Minnesota Statutes 2000, sections 354.536, subdivision 1; 354A.101, subdivision 1.

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


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 671

Haas introduced:

H. F. No. 1657, A bill for an act relating to state employment; permitting retired state employees to purchase group long-term care insurance through the same plan offered to active state employees; amending Minnesota Statutes 2000, section 43A.318, subdivision 1.

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

Bradley introduced:

H. F. No. 1658, A bill for an act relating to human services; providing a 3.5 percent rate increase for nursing facilities, intermediate care facilities for persons with mental retardation, and community-based providers; amending Minnesota Statutes 2000, sections 256B.431, by adding a subdivision; 256B.434, subdivision 4; 256B.501, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Daggett introduced:

H. F. No. 1659, A bill for an act relating to taxation; providing that revenues from the solid waste management tax be used for solid waste management activities; amending Minnesota Statutes 2000, section 297H.13, subdivision 2.

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

Goodno introduced:

H. F. No. 1660, A bill for an act relating to human services; changing provisions in foster care reimbursement; amending Minnesota Statutes 2000, section 256.82, subdivision 3, and by adding a subdivision; repealing Minnesota Statutes 2000, section 256.82, subdivisions 4 and 5.

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

Tuma, Cassell, Marquart and Walz introduced:

H. F. No. 1661, A bill for an act relating to higher education; requiring credit transfer for certain courses taught within the Minnesota state colleges and universities system.

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

Workman introduced:

H. F. No. 1662, A bill for an act relating to taxation; establishing the metropolitan transportation improvement board; directing the secretary of state to conduct metropolitan area election concerning imposition of one-half cent general sales tax; authorizing the board to impose one-half cent sales tax and motor vehicle excise tax in the metropolitan area; dedicating revenues to interstate and trunk highway improvements and transit capital in the metropolitan area; appropriating money; amending Minnesota Statutes 2000, section 174.03, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

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


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 672

Mahoney; Johnson, S.; Dawkins; Wasiluk; Mares; Osthoff; Hausman; Entenza; Paymar; Greiling and Krinkie introduced:

H. F. No. 1663, A bill for an act relating to taxation; providing for state payment of court administration costs in the second judicial district; appropriating money; amending Minnesota Statutes 2000, sections 97A.065, subdivision 2; 179A.103, subdivision 1; 273.1398, by adding a subdivision; 299D.03, subdivision 5; 357.021, subdivision 1a; 480.181, subdivision 1; 487.02, subdivision 2; 487.33, subdivision 5; and 574.34, subdivision 1.

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

Kalis and Ruth introduced:

H. F. No. 1664, A bill for an act relating to agriculture; providing funding for Farmamerica - Minnesota's Agricultural Interpretive Center; appropriating money.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Finance.

Mahoney and Dawkins introduced:

H. F. No. 1665, A bill for an act relating to economic development; directing payment of a loan for the RiverCentre arena to an economic development fund for St. Paul; appropriating money; amending Laws 1998, chapter 404, section 23, subdivision 6.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Dawkins, Mahoney and Osthoff introduced:

H. F. No. 1666, A bill for an act relating to taxation; providing for permitted public uses and discretion by Ramsey county board in determining value of tax-forfeited lands; changing a census date; amending Minnesota Statutes 2000, section 469.202, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 383A.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Entenza, Abeler and Greiling introduced:

H. F. No. 1667, A bill for an act relating to education; improving the financial reporting systems and financial management practices of charter schools; amending Minnesota Statutes 2000, sections 124D.10, subdivisions 4, 17, 23, and by adding a subdivision; and 124D.11, subdivision 9, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Mullery, Goodno, Abeler, Tingelstad, Huntley, Evans, Koskinen and Otremba introduced:

H. F. No. 1668, A bill for an act relating to employment; appropriating money from federal TANF funds for a transitional employment training project.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 673

Krinkie introduced:

H. F. No. 1669, A bill for an act relating to local government; providing for publication of public notices on Web sites of local public corporations and municipalities; amending Minnesota Statutes 2000, sections 331A.01, by adding a subdivision; and 331A.03, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Cassell introduced:

H. F. No. 1670, A bill for an act relating to the public facilities authority; making changes to the wastewater infrastructure funding program effective for applications made after July 1, 2000.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Holsten and Pawlenty introduced:

H. F. No. 1671, A bill for an act relating to natural resources; proposing an amendment to the Minnesota Constitution, article XI; dedicating the sales tax receipts equal to a sales tax of 3/16 of one percent on taxable sales for natural resource purposes; creating a heritage enhancement fund and a heritage enhancement council; modifying the disposition of the payments in lieu of sales tax for lottery tickets; amending Minnesota Statutes 2000, sections 97A.055, subdivision 2; 297A.94; proposing coding for new law in Minnesota Statutes, chapter 97A.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Koskinen, Tingelstad, Rhodes, Holberg, Paulsen and Kahn introduced:

H. F. No. 1672, A bill for an act relating to public safety; authorizing appropriation of money from 911 fees to provide assistance for certain emergency telephone service costs in the metropolitan area; amending Minnesota Statutes 2000, section 473.901, subdivision 1.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Stang; Kubly; Gerlach; Swenson; Clark, J.; Lenczewski; Hackbarth; Olson; Tingelstad; Westrom; Workman; Schumacher; Dehler and Fuller introduced:

H. F. No. 1673, A bill for an act relating to taxes; sales and use; exempting purchases by fire departments; amending Minnesota Statutes 2000, sections 297A.68, by adding a subdivision; 297A.70, subdivision 3; and 297B.03.

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

Paulsen introduced:

H. F. No. 1674, A bill for an act relating to human services; providing a rate increase for a nursing facility in Hennepin county; appropriating money; amending Minnesota Statutes 2000, section 256B.431, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.


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Wasiluk; Greiling; Finseth; Mares; Osthoff; Johnson, S.; Peterson; Luther and Winter introduced:

H. F. No. 1675, A bill for an act relating to appropriations; appropriating money to complete restoration of the historic Bruentrup farm in Maplewood.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Wasiluk, Mares, Mahoney, Luther and Entenza introduced:

H. F. No. 1676, A bill for an act relating to the city of North St. Paul; authorizing the commissioner of revenue a tax increment financing grant to the city.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Hackbarth; Smith; Mahoney; Anderson, I., and Mares introduced:

H. F. No. 1677, A bill for an act relating to government data practices; requiring educational agencies and institutions to provide certain data to military recruiting officers; amending Minnesota Statutes 2000, section 13.32, by adding a subdivision.

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

Otremba, Winter, Wenzel, Daggett and Howes introduced:

H. F. No. 1678, A bill for an act relating to agriculture; providing funding for the central lakes agricultural center; appropriating money.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Finance.

Paulsen introduced:

H. F. No. 1679, A bill for an act relating to taxation; providing retailers a deduction from the amount of sales tax remitted to compensate for costs of collecting the tax; amending Minnesota Statutes 2000, section 289A.31, subdivision 7.

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

Howes and Bakk introduced:

H. F. No. 1680, A bill for an act relating to game and fish; allowing spearing on Cass Lake.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Dehler introduced:

H. F. No. 1681, A bill for an act relating to state employment; making technical and housekeeping changes; classifying employee identification numbers as public data; extending a pilot project; placing department of human services chief executive officers in the unclassified service; repealing provisions governing appointment of


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 675

human services chief executive officers and law enforcement vacation donation; amending Minnesota Statutes 2000, sections 13.43, subdivision 2; and 43A.08, subdivision 1; repealing Minnesota Statutes 2000, sections 43A.04, subdivision 8; and 246.02.

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

Kubly introduced:

H. F. No. 1682, A bill for an act relating to education; providing for additional disabled access levy authority for independent school district No. 2159, Buffalo Lake-Hector.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Paulsen; Anderson, B.; Westerberg; Kielkucki and Kubly introduced:

H. F. No. 1683, A bill for an act relating to technology business; identifying and defining technology business and activity; providing for regulation of technology business with the department of administration; amending Minnesota Statutes 2000, section 16B.61, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Entenza, Skoglund, Tuma and Stanek introduced:

H. F. No. 1684, A bill for an act relating to crime prevention; providing for indeterminate sentencing for first- and second-degree criminal sexual conduct offenders; amending Minnesota Statutes 2000, sections 609.108, subdivisions 1 and 3; 609.109, subdivisions 2, 6, and 7; 609.342, subdivision 2; 609.343, subdivision 2; and 609.3452, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2000, sections 609.109, subdivisions 3 and 4; 609.342, subdivision 3; and 609.343, subdivision 3.

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

Lieder, Marquart, Finseth, Skoe and Penas introduced:

H. F. No. 1685, A bill for an act relating to higher education; appropriating money to the board of regents for the Rural Minnesota Technology Service Center at the Crookston campus.

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

Kuisle; Rifenberg; Holberg; Abeler; Anderson, B.; Stang; Davids and Lindner introduced:

H. F. No. 1686, A bill for an act relating to taxation; exempting admissions to events sponsored by the state high school league from the sales tax; amending Minnesota Statutes 2000, section 297A.70, subdivision 11.

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


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 676

Clark, K.; Gunther; Howes; Fuller; Kubly; Skoe; Lieder and Solberg introduced:

H. F. No. 1687, A bill for an act relating to Indian affairs council; adding one member to the advisory council; amending Minnesota Statutes 2000, section 3.922, subdivision 8.

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

Clark, J., introduced:

H. F. No. 1688, A bill for an act relating to traffic regulations; providing certain exemptions for seasonal highway weight restrictions; amending Minnesota Statutes 2000, section 169.87, subdivision 4.

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

Kahn, Rhodes, Mares, Bishop, Milbert and Gleason introduced:

H. F. No. 1689, A bill for an act relating to gambling; authorizing the state lottery to lease space for and operate a casino in the main terminal of the Minneapolis-St. Paul International Airport; appropriating money; amending Minnesota Statutes 2000, sections 297A.259; 349A.01, by adding a subdivision; 349A.10, subdivisions 2, 3, 5; 349A.11, subdivision 1; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 349A.

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

Dibble, Ozment, Folliard, Davnie, Gleason, Opatz and Hausman introduced:

H. F. No. 1690, A bill for an act relating to the metropolitan council; modifying the cost allocation system for the metropolitan disposal system; amending Minnesota Statutes 2000, section 473.517, subdivision 3.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Sykora, Mares and Rhodes introduced:

H. F. No. 1691, A bill for an act relating to early childhood; expanding services and eligibility for state Head Start funds; amending Minnesota Statutes 2000, sections 119A.52; and 119A.53.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Murphy, Mares, Smith and Wenzel introduced:

H. F. No. 1692, A bill for an act relating to retirement; modifying the administrative provisions of the first class city teacher pension funds; classifying certain data; providing for the monthly payment of lump sum benefits to certain retirees for first class city teacher pension funds and the Minneapolis employees retirement fund; providing reporting and remittance requirements; granting authority to amend articles of incorporation to the Minneapolis teachers retirement fund association; amending Minnesota Statutes 2000, sections 354A.011, subdivision 24;


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 677

354A.12, subdivision 5; 354A.31, subdivision 3; 354A.35, subdivision 4; and 356A.06, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 13; 354A; and 356; repealing Minnesota Statutes 2000, sections 354A.026; 356.86; and 356.865.

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

Entenza introduced:

H. F. No. 1693, A bill for an act relating to retirement; providing service credit in the correctional employees plan.

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

Lieder introduced:

H. F. No. 1694, A bill for an act relating to education finance; authorizing a severance levy for independent school district No. 593, Crookston.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Mulder introduced:

H. F. No. 1695, A bill for an act relating to taxes; sales and use tax; exempting sales made by certain businesses; amending Minnesota Statutes 2000, section 297A.68, by adding a subdivision.

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

Bakk; Rukavina; Sertich; Anderson, I., and Solberg introduced:

H. F. No. 1696, A bill for an act relating to unemployment insurance; providing extra unemployment benefits for certain workers laid off from the Partridge River wood products plant.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Smith, Dawkins and Jacobson introduced:

H. F. No. 1697, A bill for an act relating to crimes; authorizing dismissal of a charge of nonsupport of spouse or child under certain circumstances; amending Minnesota Statutes 2000, section 609.375, by adding a subdivision.

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

Smith introduced:

H. F. No. 1698, A bill for an act relating to local government; limiting regulation and causes of action by political subdivisions against firearms industry; amending Minnesota Statutes 2000, section 471.633.

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


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 678

Wilkin introduced:

H. F. No. 1699, A bill for an act relating to health; providing for prospective review of certain major spending commitments for radiation therapy facilities; amending Minnesota Statutes 2000, section 62J.17, subdivision 8.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

Dawkins; Hausman; Clark, K.; Gray; Dibble; Mariani and Walker introduced:

H. F. No. 1700, A bill for an act relating to state government; creating a student worker program to encourage employment of protected group and economically disadvantaged persons; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 43A.

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

Entenza, Rhodes, Solberg and Osskopp introduced:

H. F. No. 1701, A bill for an act relating to elections; providing for a voter's guide; appropriating money; amending Minnesota Statutes 2000, section 204B.27, by adding a subdivision.

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

Rukavina and Krinkie introduced:

H. F. No. 1702, A bill for an act relating to public safety; legalizing sparklers; amending Minnesota Statutes 2000, section 624.20, subdivision 1.

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

Juhnke introduced:

H. F. No. 1703, A bill for an act relating to motor vehicles; establishing revolving appropriation to pay for vehicle license plate costs; making clarifying changes; amending Minnesota Statutes 2000, section 168.381.

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

Larson, Tuma and Stanek introduced:

H. F. No. 1704, A bill for an act relating to government data; authorizing dissemination of certain juvenile data; amending Minnesota Statutes 2000, sections 299C.095, subdivision 1; and 299C.13.

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


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 679

Juhnke introduced:

H. F. No. 1705, A bill for an act relating to drivers' licenses; creating driver's license account and allocating to the account proceeds of fees relating to functions of department of public safety; appropriating money from the account; amending Minnesota Statutes 2000, sections 169.09, subdivision 13; 170.23; 171.06, subdivision 2a; 171.07, subdivision 11; 171.13, subdivision 6; 171.185; 171.26; 171.29, subdivision 2; and 171.36.

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

Wasiluk, Kelliher, Thompson, Goodwin, Bernardy and Wagenius introduced:

H. F. No. 1706, A bill for an act relating to human services; prescription drug rebate program; appropriating money; amending Minnesota Statutes 2000, section 256.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Hausman and Dawkins introduced:

H. F. No. 1707, A bill for an act relating to the city of St. Paul; appropriating money for planning grant for Como regional park remote parking shuttle and internal transit system.

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

Haas introduced:

H. F. No. 1708, A bill for an act relating to health; establishing the long-term care employee health insurance assistance program; appropriating money; amending Minnesota Statutes 2000, sections 62D.04, subdivision 5; and 256L.07, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Abeler and Otremba introduced:

H. F. No. 1709, A bill for an act relating to human services; extending the time for emergency assistance; amending Minnesota Statutes 2000, section 256J.48, subdivision 1.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

The Speaker called Abrams to the Chair.


Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 680

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 80, A bill for an act relating to natural resources; authorizing installation of lake level control for Coon Lake.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Hackbarth moved that the House concur in the Senate amendments to H. F. No. 80 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 80, A bill for an act relating to natural resources; allowing the commissioner of natural resources to install a lake level control for Coon Lake.

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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lenczewski Otremba Stang
Abrams Dorn Holsten Leppik Ozment Swapinski
Anderson, B. Eastlund Howes Lieder Paulsen Swenson
Anderson, I. Entenza Huntley Lindner Pawlenty Sykora

Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 681
Bakk Erhardt Jacobson Lipman Paymar Thompson
Bernardy Erickson Jaros Luther Pelowski Tingelstad
Biernat Evans Jennings Mahoney Penas Tuma
Bishop Finseth Johnson, J. Mares Peterson Vandeveer
Boudreau Folliard Johnson, R. Marko Rhodes Wagenius
Bradley Fuller Johnson, S. Marquart Rifenberg Walker
Buesgens Gerlach Juhnke McElroy Rukavina Walz
Carlson Goodno Kahn McGuire Ruth Wasiluk
Cassell Goodwin Kalis Milbert Schumacher Wenzel
Clark, J. Gray Kelliher Molnau Seagren Westerberg
Clark, K. Greiling Kielkucki Mulder Seifert Westrom
Daggett Gunther Knoblach Mullery Sertich Wilkin
Davids Haas Koskinen Murphy Skoe Winter
Davnie Hackbarth Krinkie Nornes Skoglund Wolf
Dawkins Harder Kubly Olson Slawik Workman
Dehler Hausman Kuisle Opatz Smith Spk. Sviggum
Dempsey Hilstrom Larson Osskopp Solberg
Dibble Hilty Leighton Osthoff Stanek

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

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. 393, A bill for an act relating to local government; allowing employees of Ramsey county and the city of St. Paul equal competition for vacant county jobs in combined city-county departments; amending Minnesota Statutes 2000, section 383A.288, subdivisions 3 and 4.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Mahoney moved that the House concur in the Senate amendments to H. F. No. 393 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 393, A bill for an act relating to local government; allowing employees of Ramsey county and the city of St. Paul equal competition for vacant county jobs in combined city-county departments; amending Minnesota Statutes 2000, section 383A.288, subdivisions 3 and 4.

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 106 yeas and 25 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilstrom Lenczewski Ozment Swapinski
Abrams Dorman Hilty Leppik Paymar Swenson
Anderson, I. Dorn Holsten Lieder Pelowski Thompson
Bakk Entenza Howes Luther Penas Tingelstad
Bernardy Erhardt Huntley Mahoney Peterson Vandeveer
Biernat Evans Jacobson Mares Rhodes Wagenius
Bishop Finseth Jaros Marko Rukavina Walker
Boudreau Folliard Jennings Marquart Ruth Walz
Bradley Fuller Johnson, R. McElroy Schumacher Wasiluk
Carlson Goodno Johnson, S. McGuire Seagren Wenzel
Cassell Goodwin Juhnke Milbert Sertich Westerberg
Clark, K. Gray Kahn Mullery Skoe Westrom

Journal of the House - 21st Day - Monday, March 12, 2001 - Top of Page 682
Daggett Greiling Kalis Murphy Skoglund Winter
Davids Gunther Kelliher Ness Slawik Wolf
Davnie Haas Koskinen Nornes Smith Workman
Dawkins Hackbarth Kubly Opatz Solberg Spk. Sviggum
Dehler Harder Larson Osthoff Stanek
Dempsey Hausman Leighton Otremba Stang

Those who voted in the negative were:

Anderson, B. Gerlach Krinkie Mulder Rifenberg Wilkin
Buesgens Holberg Kuisle Olson Seifert
Clark, J. Johnson, J. Lindner Osskopp Sykora
Eastlund Kielkucki Lipman Paulsen Tuma
Erickson Knoblach Molnau Pawlenty

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

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. 57, A bill for an act relating to drivers' licenses; including certain crimes against children as disqualifying offenses for purposes of school bus endorsements on drivers' licenses; amending Minnesota Statutes 2000, section 171.3215, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

Molnau moved that the House refuse to concur in the Senate amendments to H. F. No. 57, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 274, 570, 63 and 960.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 274, A bill for an act relating to professions; extending the expiration date of the respiratory care practitioner advisory council; providing for cancellation of athletic trainer registration for nonrenewal after two years; amending Minnesota Statutes 2000, sections 147C.35, subdivision 2; and 148.7809, subdivision 4.

The bill was read for the first time.

Mulder moved that S. F. No. 274 and H. F. No. 116, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


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S. F. No. 570, A bill for an act relating to state government; repealing obsolete rules; repealing Minnesota Rules, parts 1800.1800; 1800.1900; 2870.0100, subpart 1; 2870.0200; 7300.0100; 7300.0110; 7300.0200; 7300.0300; 7300.0350; 7300.0500; 7300.0600; 7300.0700; 7300.0800; 7300.0810; 7300.0850; 7300.0900; 7300.1000; 7300.1100; 7300.1200; 7300.1300; 7300.1400; 7300.1500; 7300.1600; 7300.1700; 7300.1910; 7300.2000; 7300.2100; 7300.2400; 7300.2600; 7300.2800; 7300.2900; 7300.2950; 7300.3000; 7300.3100; 7300.3200; 7300.3300; 7306.0100; 7306.0150; 7306.0200; 7306.0300; 7306.0400; 7306.0500; 7306.0600; 7320.0010; 7320.0020; 7320.0030; 7320.0040; 7320.0050; 7320.0060; 7320.0070; 7320.0080; 7320.0090; 7320.0100; 7320.0110; 7320.0120; 7320.0130; 7320.0140; 7320.0150; 7320.0160; 7320.0170; 7320.0180; 7320.0190; 7320.0200; 7320.0210; 7320.0220; 7610.0100, subpart 17; 7610.0160; 7610.0700; 7645.0100; 7645.0110; 7645.0200; 7645.0210; 7645.0220; 7645.0230; 7645.0240; 7645.0250; 7645.0260; 7645.0300; 7645.0310; 7645.0320; 7645.0330; 7645.0340; 7645.0400; 7645.0410; 7645.0420; 7645.0430; 7645.0440; 7645.0450; 7645.0460; 7645.0470; 7645.0480; 7645.0500; 7645.0510; 7645.0520; 7645.0530; 7645.0540; 7645.0550; 7645.0560; 7645.0570; 7645.0580; 7660.0010; 7660.0020; 7660.0030; 7660.0040; 7660.0050; 7660.0060; 7660.0070; 7660.0080; 7660.0090; 7660.0100; 7665.0100; 7665.0110; 7665.0120; 7665.0130; 7665.0140; 7665.0150; 7665.0160; 7680.0100; 7680.0110; 7680.0120; 7680.0130; 7680.0140; 7680.0150; 7680.0160; 7680.0170; 7680.0180; 7680.0190; 7680.0200; 7856.1000, subpart 3; and 7857.3000, subpart 3.

The bill was read for the first time.

Seifert moved that S. F. No. 570 and H. F. No. 252, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 63, A bill for an act relating to highways; designating a bridge on marked trunk highway No. 55 in Stearns county as Old St. Anne's Pass; amending Minnesota Statutes 2000, section 161.14, by adding a subdivision.

The bill was read for the first time.

Stang moved that S. F. No. 63 and H. F. No. 368, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 960, A bill for an act relating to iron range resources and rehabilitation; authorizing the commissioner to acquire certain discontinued mining property; amending Minnesota Statutes 2000, section 298.22, subdivision 3.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

CALENDAR FOR THE DAY

S. F. No. 289, A bill for an act relating to occupations and professions; modifying licensing requirements for alcohol and drug counselors; amending Minnesota Statutes 2000, sections 148C.04, subdivisions 3, 4, and 6; and 148C.10, subdivision 1a.

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


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The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lenczewski Osthoff Stang
Abrams Dorn Holsten Leppik Otremba Swapinski
Anderson, B. Eastlund Howes Lieder Ozment Swenson
Anderson, I. Entenza Huntley Lindner Paulsen Sykora
Bakk Erhardt Jacobson Lipman Paymar Thompson
Bernardy Erickson Jaros Luther Pelowski Tingelstad
Biernat Evans Jennings Mahoney Penas Tuma
Bishop Finseth Johnson, J. Mares Peterson Vandeveer
Boudreau Folliard Johnson, R. Marko Rhodes Wagenius
Bradley Fuller Johnson, S. Marquart Rifenberg Walker
Buesgens Gerlach Juhnke McElroy Rukavina Walz
Carlson Goodno Kahn McGuire Ruth Wasiluk
Cassell Goodwin Kalis Milbert Schumacher Wenzel
Clark, J. Gray Kelliher Molnau Seagren Westerberg
Clark, K. Greiling Kielkucki Mulder Seifert Wilkin
Daggett Gunther Knoblach Mullery Sertich Winter
Davids Haas Koskinen Murphy Skoe Wolf
Davnie Hackbarth Krinkie Ness Skoglund Workman
Dawkins Harder Kubly Nornes Slawik Spk. Sviggum
Dehler Hausman Kuisle Olson Smith
Dempsey Hilstrom Larson Opatz Solberg
Dibble Hilty Leighton Osskopp Stanek

Those who voted in the negative were:

PawlentyWestrom

The bill was passed and its title agreed to.

The Speaker resumed the Chair.

MOTIONS AND RESOLUTIONS

Anderson, I., moved that the name of Bernardy be added as an author on H. F. No. 25. The motion prevailed.

Walz moved that the name of Larson be added as an author on H. F. No. 294. The motion prevailed.

Juhnke moved that the name of Larson be added as an author on H. F. No. 304. The motion prevailed.

Otremba moved that her name be stricken as an author on H. F. No. 585. The motion prevailed.

Kubly moved that his name be stricken as an author on H. F. No. 585. The motion prevailed.

Mares moved that the name of Pugh be added as an author on H. F. No. 999. The motion prevailed.


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Osskopp moved that the name of Erickson be added as an author on H. F. No. 1069. The motion prevailed.

Osskopp moved that the name of Erickson be added as an author on H. F. No. 1070. The motion prevailed.

Thompson moved that the names of Evans and Bishop be added as authors on H. F. No. 1080. The motion prevailed.

Tingelstad moved that the name of Dibble be added as an author on H. F. No. 1200. The motion prevailed.

Ozment moved that the name of Erickson be added as an author on H. F. No. 1313. The motion prevailed.

Jennings moved that the name of Pelowski be added as an author on H. F. No. 1323. The motion prevailed.

Thompson moved that his name be stricken as an author on H. F. No. 1352. The motion prevailed.

Skoe moved that his name be stricken as an author on H. F. No. 1360. The motion prevailed.

Nornes moved that the name of Penas be added as an author on H. F. No. 1476. The motion prevailed.

Tingelstad moved that the names of Evans; Wagenius; Skoe; Johnson, R., and Cassell be added as authors on H. F. No. 1529. The motion prevailed.

Tingelstad moved that the name of Erickson be added as an author on H. F. No. 1534. The motion prevailed.

Clark, K., moved that the name of Walker be added as an author on H. F. No. 1576. The motion prevailed.

Clark, K., moved that the name of Walker be added as chief author on H. F. No. 1602. The motion prevailed.

Nornes moved that H. F. No. 289 be recalled from the Committee on Civil Law and be re-referred to the Committee on Ways and Means. The motion prevailed.

Haas moved that H. F. No. 1115 be recalled from the Committee on Governmental Operations and Veterans Affairs Policy and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Koskinen moved that H. F. No. 1312 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Tingelstad moved that H. F. No. 1394 be recalled from the Committee on K-12 Education Finance and be re-referred to the Committee on Education Policy. The motion prevailed.

Entenza moved that H. F. No. 1667 be recalled from the Committee on K-12 Education Finance and be re- referred to the Committee on Education Policy. The motion prevailed.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, March 15, 2001. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, March 15, 2001.

Edward A. Burdick, Chief Clerk, House of Representatives


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