Journal of the House - 12th Day - Top of Page 181

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

TWELFTH DAY

Saint Paul, Minnesota, Wednesday, February 12, 1997

 

The House of Representatives convened at 2:30 p.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by Representative Gary Kubly, District 15B, Granite Falls, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Milbert, Slawik and Smith were excused.

The Chief Clerk proceeded to read the Journals of the preceding days. Wenzel moved that further reading of the Journals be suspended and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 12th Day - Top of Page 182

REPORTS OF STANDING COMMITTEES

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

H. F. No. 18, A bill for an act relating to the city of Willmar; authorizing the city to impose certain taxes.

Reported the same back with the following amendments:

Page 2, line 18, after "construction," insert "and"

Page 2, line 19, delete ", and maintenance"

Page 2, delete line 25 and insert "$4,500,000."

Page 2, line 30, after "construction," insert "and" and delete ", and maintenance"

Page 3, line 5, delete "$......." and insert "$4,500,000"

Page 3, line 7, after "construction," insert "and" and delete ", and maintenance"

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 125, A bill for an act relating to taxation; authorizing the city of Kenyon to recertify its final levy for taxes levied in 1996.

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

The report was adopted.

Wagenius from the Committee on Transportation and Transit to which was referred:

H. F. No. 179, A bill for an act relating to drivers' licenses; providing for designation of advance health care directives on drivers' licenses and Minnesota identification cards; amending Minnesota Statutes 1996, sections 171.06, subdivision 3; and 171.07, subdivision 7.

Reported the same back with the following amendments:

Page 2, line 14, reinstate the stricken language and before "health" insert "/"

Page 2, line 31, reinstate the stricken language and before "HEALTH" insert "/"

Page 2, line 35, reinstate the stricken language and before the second quotation mark insert "/Health Care Directive " and delete the new language


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Page 3, delete lines 9 to 14 and insert:

"For the purposes of this subdivision,:

(1) "living will" means a declaration made under section 145B.03; and

(2) "health care directive" means a durable power of attorney for health care under section 145C.02, or any other written advance health care directive of the applicant that is authorized by statute or not prohibited by law."

Page 3, line 16, delete "July 1, 1997" and insert "January 1, 1998"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 374, A bill for an act relating to human services; modifying language for adoption assistance purchase of service reimbursement; amending Minnesota Statutes 1996, section 259.67, subdivision 7.

Reported the same back with the following amendments:

Page 2, after line 9, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective for reimbursement agreements entered into on or after the day following final enactment."

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Folliard from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 445, A bill for an act relating to the military; adding an exclusion to the tort claims act; amending Minnesota Statutes 1996, section 3.736, subdivision 3.

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

The report was adopted.

Folliard from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 453, A bill for an act relating to the military; changing certain military requirements, procedures, and duties; clarifying certain language; changing armory provisions; amending Minnesota Statutes 1996, sections 190.02; 190.05, by adding subdivisions; 190.07; 190.16, subdivision 2; 190.25, subdivision 1; 192.19; 192.20; 192.23; 192.37; 192.38, subdivision 1; 192.40; 192.49, subdivisions 1 and 2; 193.142, subdivisions 1, 2, and 3; 193.143; 193.144, subdivisions 1, 2, and 6; 193.145, subdivisions 2, 4, and 5; 193.148; and 193.29, subdivision 4; repealing Minnesota Statutes 1996, sections 190.13; 190.29; 192.36; 192.435; 192.44; 192.45; 192.46; 192.47; and 192.51, subdivision 2.

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

The report was adopted.


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

H. F. No. 473, A bill for an act relating to metropolitan government; permitting the metropolitan council to operate preventive health and employee recognition programs; amending Minnesota Statutes 1996, section 473.129, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 512, A bill for an act relating to municipalities; authorizing bankruptcy filing; 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.

Folliard from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 527, A bill for an act relating to veterans; changing certain employment rights; amending Minnesota Statutes 1996, section 197.46.

Reported the same back with the following amendments:

Page 2, line 5, delete "No" and insert "A six-year"

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

The report was adopted.

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

H. F. No. 631, A bill for an act relating to public administration; changing the terms and conditions of a state appropriation; amending Laws 1994, chapter 643, section 2, subdivision 12.

Reported the same back with the following amendments:

Page 1, line 18, strike "a" and delete "$4,260,000" and insert "at least a $3,900,000"

Page 1, delete lines 21 to 25

Amend the title as follows:

Page 1, line 2, delete "changing" and insert "clarifying"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.


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SECOND READING OF HOUSE BILLS

H. F. Nos. 125, 179, 374, 453, 473, 512 and 631 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Wejcman, Clark and Garcia introduced:

H. F. No. 641, A bill for an act relating to the city of Minneapolis; authorizing the city of Minneapolis to regulate pistols.

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

Skoglund; Dawkins; Swenson, D.; Mullery and Chaudhary introduced:

H. F. No. 642, A bill for an act relating to civil actions; creating a state court action for relief for damages caused by a federal court action that affects public participation by the plaintiff; proposing coding for new law in Minnesota Statutes, chapter 554.

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

Olson, E., introduced:

H. F. No. 643, A bill for an act relating to education; providing Pine Point school with permanent status; repealing Minnesota Statutes 1996, section 128B.10.

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

Skoglund introduced:

H. F. No. 644, A bill for an act relating to crime prevention; clarifying that a court may not refuse to adjudicate a defendant's guilt; amending Minnesota Statutes 1996, section 609.095.

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

Tomassoni, Davids, Boudreau, Winter and Carlson introduced:

H. F. No. 645, A bill for an act relating to insurance; providing a uniform minimum definition of medically necessary care for mental health coverage in health plans; proposing coding for new law in Minnesota Statutes, chapter 62Q.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Kinkel introduced:

H. F. No. 646, A bill for an act relating to game and fish; establishing noncontinuous season for crappie; amending Minnesota Statutes 1996, section 97C.395, subdivisions 1 and 2.

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


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Jefferson, Sviggum, Kahn, Osthoff and Smith introduced:

H. F. No. 647, A bill for an act relating to retirement; increasing pension benefit accrual rates; adjusting financing for pension plans; adding supplemental financial conditions information for pension funds; authorizing defined contribution early retirement options; reducing appropriations; modifying homestead and agricultural credit aid; appropriating money; amending Minnesota Statutes 1996, sections 3A.02, subdivisions 1 and 4; 3A.07; 11A.18, subdivision 9; 273.1398, by adding a subdivision; 352.01, subdivision 25; 352.04, subdivisions 2 and 3; 352.115, subdivision 3; 352.72, subdivision 2; 352.92, subdivisions 1 and 2; 352.93, subdivisions 2, 3, and by adding a subdivision; 352.95, subdivisions 1 and 5; 352B.02, subdivisions 1a and 1c; 352B.08, subdivisions 2 and 2a; 352B.10, subdivision 1; 352B.30, by adding a subdivision; 352C.031, subdivision 4; 352C.033; 353.01, subdivision 37; 353.27, subdivisions 2 and 3a; 353.29, subdivision 3; 353.651, subdivision 3; 353.656, subdivision 1; 353.71, subdivision 2; 353A.08, subdivision 1; 353A.083, by adding a subdivision; 353C.06, subdivisions 3, 4, and by adding a subdivision; 353C.08, subdivision 1; 353C.09; 354.05, subdivision 38; 354.42, subdivisions 2, 3, and 5; 354.44, subdivision 6; 354.53, subdivision 1; 354.55, subdivision 11; 354A.011, subdivision 15a; 354A.12, subdivisions 1, 2a, 3a, and 3c; 354A.31, subdivisions 4 and 4a; 356.215, subdivisions 1 and 4d; 356.25; 356.30, subdivision 1; 356.88, by adding a subdivision; 423B.01, subdivision 9; 423B.06, by adding a subdivision; 423B.07; 423B.09, subdivision 1, and by adding a subdivision; 423B.10, subdivision 1; 423B.15, subdivisions 2, 3, and 6; and 490.124, subdivision 1; Laws 1965, chapter 519, section 1, as amended; Laws 1989, chapter 319, article 19, section 7, subdivisions 1, as amended, 3, 4, as amended, and 7; and Laws 1993, chapter 125, article 1, section 1; proposing coding for new law in Minnesota Statutes, chapters 124A; 352; 352C; and 356; proposing coding for new law as Minnesota Statutes, chapter 352E; repealing Minnesota Statutes 1996, sections 354A.12, subdivision 2b; 356.70; and 356.88, subdivision 2.

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

Johnson, R.; Bettermann; Pelowski; Kielkucki and Opatz introduced:

H. F. No. 648, A bill for an act relating to education; establishing a law school loan repayment assistance program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Jennings, Delmont, Greenfield, Tompkins and Dorn introduced:

H. F. No. 649, A bill for an act relating to human services; providing for certain rates imposed on intermediate care facilities.

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

Hasskamp, Wenzel, Nornes, Kinkel and McGuire introduced:

H. F. No. 650, A bill for an act relating to natural resources; appropriating money for Glendalough state park and Cuyuna country state recreation area.

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

Huntley, Bradley and Jaros introduced:

H. F. No. 651, A bill for an act relating to medical assistance; changing the geographic designation of certain counties for purposes of ICF/MR reimbursement; amending Minnesota Statutes 1996, section 256B.501, subdivision 5b.

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


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Johnson, A.; Kelso; Entenza; Ozment and Mulder introduced:

H. F. No. 652, A bill for an act relating to education; establishing a targeted breakfast program; providing a one-time technology grant to analyze the nutritional components of school meals; appropriating money.

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

Pugh; Osthoff; Wenzel; Anderson, I., and Abrams introduced:

H. F. No. 653, A bill for an act relating to insurance; health; requiring coverage for diabetes outpatient self-management training and education; amending Minnesota Statutes 1996, section 62A.45.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Van Dellen; Dehler; Anderson, B., and Vickerman introduced:

H. F. No. 654, A bill for an act relating to health; reducing the tax rate on the gross revenues of hospitals and health care providers; amending Minnesota Statutes 1996, sections 256.9352, subdivision 3; 295.52; 295.53, subdivisions 3 and 4; 295.54, subdivision 2; and 295.582.

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

Opatz, Pelowski, Huntley, Carlson and Johnson, A., introduced:

H. F. No. 655, A bill for an act relating to firefighting; authorizing preparation of a training video for trustees of voluntary and professional firefighter relief associations; appropriating money.

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

Holsten; Larsen; Mares; Swenson, D., and McGuire introduced:

H. F. No. 656, A bill for an act relating to Washington county; providing that certain personal information on property taxpayers may be kept from certain lists at the taxpayer's request.

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

Larsen; Schumacher; Swenson, D.; Mares and Marko introduced:

H. F. No. 657, A bill for an act relating to Washington county; requiring plat approval before building permits in certain cases.

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

Marko, Larsen, Schumacher, Slawik and Mares introduced:

H. F. No. 658, A bill for an act relating to Washington county; permitting the appointment of the recorder and auditor/treasurer.

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


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Pugh, Tomassoni, Reuter, Gunther and Entenza introduced:

H. F. No. 659, A bill for an act relating to commerce; regulating outdoor power and sport equipment dealerships; providing for terminations, cancellations, and transfers; proposing coding for new law in Minnesota Statutes, chapter 325E.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Kelso, Macklin, Long and Koppendrayer introduced:

H. F. No. 660, A bill for an act relating to taxation; property; modifying the proposed property tax notices; amending Minnesota Statutes 1996, sections 275.065, subdivisions 1, 3, and 6; and 276.04, subdivision 2.

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

Biernat, Larsen, Dawkins, Chaudhary and Weaver introduced:

H. F. No. 661, A bill for an act relating to landlords and tenants; recodifying, clarifying, and relocating landlord tenant law; proposing coding for new law as Minnesota Statutes, chapter 504A; repealing Minnesota Statutes 1996, sections 504.01; 504.012; 504.015; 504.02; 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 504.18; 504.181; 504.183; 504.185; 504.20; 504.201; 504.21; 504.22; 504.23; 504.24; 504.245; 504.246; 504.25; 504.255; 504.257; 504.26; 504.265; 504.27; 504.28; 504.29; 504.30; 504.31; 504.32; 504.36; 566.01; 566.02; 566.021; 566.03; 566.04; 566.05; 566.051; 566.06; 566.07; 566.08; 566.09; 566.10; 566.11; 566.12; 566.13; 566.14; 566.15; 566.16; 566.17; 566.175; 566.18; 566.19; 566.20; 566.205; 566.21; 566.22; 566.23; 566.24; 566.25; 566.26; 566.27; 566.28; 566.29; 566.291; 566.30; 566.31; 566.32; 566.33; 566.34; and 566.35.

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

Anderson, I.; Evans; Kalis; Ness and Johnson, A., introduced:

H. F. No. 662, A bill for an act relating to the board of government innovation and cooperation; permitting the apportionment of a local government unit between two or more contiguous units; permitting the establishment of interim governing bodies to act on behalf of new local government units before the effective date of the combination establishing the new units; authorizing the pro rata allocation of board aid to cooperating and combining units; increasing eligibility for planning aid; amending Minnesota Statutes 1996, sections 465.81, subdivisions 1 and 3; 465.82, subdivisions 1, 2, and by adding a subdivision; 465.84; 465.85; 465.87, subdivisions 1a, 2, and 3; and 465.88.

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

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

H. F. No. 663, A bill for an act relating to mines and minerals; expanding membership on the mineral coordinating committee; establishing the aggregate resources task force; appropriating money; amending Minnesota Statutes 1996, section 93.002, subdivision 1.

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

McCollum, Jennings, Peterson, Holsten and Finseth introduced:

H. F. No. 664, A bill for an act relating to state government; adding authority for the board of water and soil resources to accept and administer federal grants, donations, gifts, and other contributions to achieve authorized objectives of the agency; amending Minnesota Statutes 1996, sections 103B.101, subdivision 9; and 103C.401, subdivision 1.

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


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Skare and Kinkel introduced:

H. F. No. 665, A bill for an act relating to natural resources; appropriating money to upgrade the Heartland trail.

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

Anderson, I.; Marko; Carlson; Tomassoni and Swenson, D., introduced:

H. F. No. 666, A bill for an act relating to consumer protection; providing relief for fraud, misrepresentation, or deceptive practices; providing relief for bad faith settlement practices by an insurance company; amending Minnesota Statutes 1996, sections 325F.68, subdivision 2, and by adding subdivisions; and 325F.69, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Macklin introduced:

H. F. No. 667, A bill for an act relating to lawful gambling; eliminating the requirement for a separate tax refund and credit account; amending Minnesota Statutes 1996, section 349.19, subdivision 2a.

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

Seagren and McCollum introduced:

H. F. No. 668, A bill for an act relating to occupations; enacting the Industrial Hygienist and Safety Professional Title Protection Act; providing title protection to the professions of industrial hygiene and safety; proposing coding for new law as Minnesota Statutes, chapter 182A.

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

Rhodes and Kielkucki introduced:

H. F. No. 669, A bill for an act relating to occupations and professions; establishing the board of licensed professional counseling; requiring professional counselors to be licensed; requiring rulemaking; providing penalties; appropriating money; amending Minnesota Statutes 1996, sections 116J.70, subdivision 2a; 148A.01, subdivision 5; 148B.60, subdivision 3; 214.01, subdivision 2; 214.04, subdivision 3; and 609.341, subdivision 17; proposing coding for new law in Minnesota Statutes, chapter 148B.

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

Erhardt, Smith, Van Dellen and Vickerman introduced:

H. F. No. 670, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending until the year 2020 the period during which at least 40 percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund.

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

Entenza; Johnson, R.; Chaudhary; Bettermann and Mariani introduced:

H. F. No. 671, A bill for an act relating to education; changing conditions for state grants by reducing the student share; raising the living and miscellaneous allowance; providing work-study for grant recipients; appropriating money; amending Minnesota Statutes 1996, sections 136A.121, subdivision 5; and 136A.233, subdivisions 1 and 3.

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


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Bradley, Greenfield, Vickerman, Tingelstad and Dorn introduced:

H. F. No. 672, A bill for an act relating to human services; changing elderly and disabled health care; establishing a nursing facility conversion demonstration project; changing provisions for regional treatment centers; creating a demonstration project for the disabled; amending Minnesota Statutes 1996, sections 62E.14, by adding a subdivision; 144.0721, subdivision 3; 245.652, subdivisions 1, 2, and 4; 246.0135; 246.02, subdivision 2; 252.025, subdivisions 1, 4, and by adding a subdivision; 252.32, subdivisions 1a, 3, 3a, 3c, and 5; 254.04; 254B.02, subdivision 3; 254B.03, subdivision 1; 256.476, subdivisions 2, 3, 4, and 5; 256B.0625, subdivision 15; 256B.0911, subdivision 7; 256B.0913, subdivisions 5 and 15; 256B.0915, subdivision 3, and by adding a subdivision; 256B.421, subdivision 1; 256B.431, subdivision 25, and by adding a subdivision; 256B.434, subdivisions 3 and 4; 256B.49, subdivision 1; 256B.69, subdivision 4, and by adding subdivisions; 256D.03, subdivision 3b; 256I.04, subdivision 2a; 256I.05, subdivision 1a; 469.155, subdivision 4; and Laws 1995, chapter 207, article 8, section 41, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256B; repealing Minnesota Statutes 1996, sections 252.32, subdivision 4; 256B.501, subdivision 5c; and 469.154, subdivision 6.

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

Vickerman; Jennings; Boudreau; Swenson, H., and Dorn introduced:

H. F. No. 673, A bill for an act relating to health; allowing a nursing facility to qualify for interim and settle up payment rates; amending Minnesota Statutes 1996, section 256B.431, subdivision 25.

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

Kraus, Skoglund, Weaver, Leighton and Pugh introduced:

H. F. No. 674, A bill for an act relating to crime; including government entities as victims for the purpose of restitution orders; providing criminal penalties; amending Minnesota Statutes 1996, sections 609.10; 609.125; and 611A.01.

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

Greenfield, Boudreau, Goodno and Otremba introduced:

H. F. No. 675, A bill for an act relating to health; modifying requirements relating to home care providers and elderly housing with services establishments; providing for licensure of elderly housing with services home care providers; eliminating licensure requirement for residential care homes; amending Minnesota Statutes 1996, sections 144.057, subdivision 1; 144A.43, subdivision 4, and by adding subdivisions; 144A.45, subdivision 1; 144A.46, subdivisions 1 and 2; 144D.01, subdivisions 4, 5, and 6; 144D.03, subdivision 1; 144D.06; 157.17, subdivisions 2, 3, and 7; 256B.071, subdivision 1; 256I.04, subdivision 2a; 295.50, subdivision 4; 299C.67, subdivision 5; and 609.7495, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 1996, sections 144A.45, subdivision 3; 144B.01; 144B.02; 144B.03; 144B.04; 144B.05; 144B.06; 144B.07; 144B.08; 144B.09; 144B.10; 144B.11; 144B.12; 144B.13; 144B.14; 144B.15; 144B.16; 144B.17; and 157.17, subdivision 4.

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

Rifenberg, Seifert, Kielkucki, Stang and Bettermann introduced:

H. F. No. 676, A bill for an act relating to education; modifying eligibility for debt service equalization; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivision 2; and 124.961.

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


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Stanek, Schumacher, Molnau, Marko and Sykora introduced:

H. F. No. 677, A bill for an act relating to highway safety; directing the commissioner of public safety to establish a novice drivers license advisory committee.

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

Stanek, Schumacher, Molnau, Marko and Sykora introduced:

H. F. No. 678, A bill for an act relating to drivers' licenses; requiring applicants under age 18 to be certified by a parent or guardian as having had at least 50 hours of driving before being eligible for a license; amending Minnesota Statutes 1996, section 171.04, subdivision 1.

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

Gunther, Trimble, Mullery and Workman introduced:

H. F. No. 679, A bill for an act relating to the organization and operation of state government; appropriating money; appropriating money for economic development and certain agencies of state government; establishing and modifying certain programs; providing for regulation of certain activities and practices; standardizing certain licensing service fees; establishing and modifying certain fees; providing for the privatization of the state fund mutual insurance company; amending Minnesota Statutes 1996, sections 60A.23, subdivision 8; 60A.71, by adding a subdivision; 60K.06, subdivision 2; 65B.48, subdivision 3; 72B.04, subdivision 10; 79.253, subdivision 1; 79.255, by adding a subdivision; 82.21, subdivision 1; 82B.09, subdivision 1; 116L.04, subdivision 1; 155A.045, subdivision 1; 176.181, subdivision 2a; 176A.02, subdivision 2; 268.022, by adding a subdivision; 268.38, subdivision 7; 326.86, subdivision 1; 462A.05, subdivision 30; 462A.201, subdivision 2; and 462A.21, subdivision 12a; proposing coding for new law in Minnesota Statutes, chapter 45; repealing Minnesota Statutes 1996, sections 268.39; 462A.05, subdivision 20; 462A.2091; 462A.21, subdivisions 4k, 12, and 14; and 462A.28.

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

McElroy, Garcia, Rest and Paulsen introduced:

H. F. No. 680, A bill for an act relating to the metropolitan council; providing for service redesign and employee compensation for exceeding redesign plan goals; establishing a pilot project for greater efficiency in the provision of metropolitan council services; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Erhardt, Paulsen, Seagren, Seifert and Dempsey introduced:

H. F. No. 681, A bill for an act relating to health; reducing the tax rate on the gross revenues of hospitals and health care providers; amending Minnesota Statutes 1996, sections 256.9352, subdivision 3; 295.52; 295.53, subdivisions 3 and 4; 295.54, subdivision 2; and 295.582.

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

Opatz introduced:

H. F. No. 682, A bill for an act relating to education; exempting the board of trustees of the Minnesota state colleges and universities from the Administrative Procedure Act; amending Minnesota Statutes 1996, sections 14.03, subdivision 1; and 136F.06, subdivision 1.

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


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Lieder, Tunheim, Dawkins and Schumacher introduced:

H. F. No. 683, A bill for an act relating to judgments; requiring additional information in a creditor's affidavit; amending Minnesota Statutes 1996, section 548.09, subdivision 2.

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

Milbert, Macklin, Bakk, Long and Daggett introduced:

H. F. No. 684, A bill for an act relating to taxation; sales; exempting replacement capital equipment from taxation; exempting certain inputs to taxable services; converting the refund for capital equipment purchases to an exemption; amending Minnesota Statutes 1996, sections 297A.01, subdivision 16; 297A.25, by adding a subdivision; repealing Minnesota Statutes 1996, sections 297A.01, subdivision 20; 297A.02, subdivision 5; 297A.15, subdivision 5.

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

Rest, Skare, Dawkins, Winter and Olson, E., introduced:

H. F. No. 685, A bill for an act relating to local government; establishing a program for aid payments to local units of government for innovation and efficiency in the delivery of local services; appropriating money; amending Minnesota Statutes 1996, section 465.796, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 465; and 477A.

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

Paymar and McGuire introduced:

H. F. No. 686, A bill for an act relating to domestic abuse; prohibiting landlords from including lease provisions that penalize tenants for seeking police or emergency assistance for domestic abuse; superseding inconsistent local regulation; authorizing the attorney general to investigate and prosecute violations; providing civil penalties; amending Minnesota Statutes 1996, section 8.31, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 504.

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

Marko; Weaver; Kelso; Johnson, A., and Workman introduced:

H. F. No. 687, A bill for an act relating to traffic regulations; prohibiting admission of motorcycle helmet use by operators and passengers age 18 or older in litigation involving damages arising from use or operation of a motor vehicle; amending Minnesota Statutes 1996, section 169.685, by adding a subdivision; repealing Minnesota Statutes 1996, section 169.974, subdivision 6.

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

Paymar, Carruthers, Weaver, Broecker and Entenza introduced:

H. F. No. 688, A bill for an act relating to commerce; regulating advertisements for cigarettes; restricting the placement of outdoor advertisements for cigarettes; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325E.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.


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MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 1, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

The Senate has appointed as such committee:

Messrs. Langseth; Moe, R. D., and Johnson, D. E.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1

A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

February 11, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 1, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment and that H. F. No. 1 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 121.11, subdivision 7c, is amended to read:

Subd. 7c. [RESULTS-ORIENTED GRADUATION RULE.] (a) The legislature is committed to establishing a rigorous, results-oriented graduation rule for Minnesota's public school students. To that end, the state board shall use its rulemaking authority under subdivision 7b to adopt a statewide, results-oriented graduation rule to be implemented starting with students beginning ninth grade in the 1996-1997 school year. The board shall not prescribe in rule or otherwise the delivery system, or form of instruction, or a single statewide form of assessment that local sites must use to meet the requirements contained in this rule.


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(b) To successfully accomplish paragraph (a), the state board shall set in rule high academic standards for all students. The standards must contain the foundational skills in the three core curricular areas of reading, writing, and mathematics while meeting requirements for high school graduation. The standards must also provide an opportunity for students to excel by meeting higher academic standards through a profile of learning that uses curricular requirements to allow students to expand their knowledge and skills beyond the foundational skills. All state board actions regarding the rule must be premised on the following:

(1) the rule is intended to raise academic expectations for students, teachers, and schools;

(2) any state action regarding the rule must evidence consideration of school district autonomy; and

(3) the department of children, families, and learning, with the assistance of school districts, must make available information about all state initiatives related to the rule to students and parents, teachers, and the general public in a timely format that is appropriate, comprehensive, and readily understandable.

(c) For purposes of adopting the rule, the state board, in consultation with the department, recognized psychometric experts in assessment, and other interested and knowledgeable educators, using the most current version of professional standards for educational testing, shall evaluate the alternative approaches to assessment.

(d) The content of the graduation rule must differentiate between minimum competencies reflected in the basic requirements assessment and rigorous profile of learning standards. When fully implemented, the requirements for high school graduation in Minnesota must include both basic requirements and the required profile of learning. The profile of learning must measure student performance using performance-based assessments compiled over time that integrate higher academic standards, higher order thinking skills, and application of knowledge from a variety of content areas. The profile of learning shall include a broad range of academic experience and accomplishment necessary to achieve the goal of preparing students to function effectively as purposeful thinkers, effective communicators, self-directed learners, productive group participants, and responsible citizens.

(e) The state board shall periodically review and report on the assessment process and student achievement with the expectation of raising the standards and expanding high school graduation requirements.

(f) The state board shall report in writing to the legislature annually by January 15 on its progress in developing and implementing the graduation requirements according to the requirements of this subdivision and section 123.97 until such time as all the graduation requirements are implemented.

Sec. 2. Minnesota Statutes 1996, section 121.1115, is amended by adding a subdivision to read:

Subd. 1a. [STATEWIDE TESTING.] Each school year, all school districts shall give a uniform statewide test to students at specified grades to provide information on the status, needs and performance of Minnesota students.

Sec. 3. Minnesota Statutes 1996, section 124.17, subdivision 1, is amended to read:

Subdivision 1. [PUPIL UNIT.] Pupil units for each resident pupil in average daily membership shall be counted according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by the commissioner and has an individual education plan is counted as the ratio of the number of hours of assessment and education service to 825 with a minimum of 0.28, but not more than one.

(b) A prekindergarten pupil who is assessed but determined not to be handicapped is counted as the ratio of the number of hours of assessment service to 825.

(c) A kindergarten pupil with a disability who is enrolled in a program approved by the commissioner is counted as the ratio of the number of hours of assessment and education services required in the fiscal year by the pupil's individual education program plan to 875, but not more than one.


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(d) A kindergarten pupil who is not included in paragraph (c) is counted as .53 of a pupil unit for fiscal year 1995 and thereafter.

(e) A pupil who is in any of grades 1 to 6 is counted as 1.06 pupil units for fiscal year 1995 and thereafter.

(f) For fiscal year 1996 and fiscal year 1997, A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units. For fiscal year 1998, a pupil who is in any of grades 7 to 12 is counted as 1.25 pupil units. For fiscal year 1999 and later years, a pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

(g) For fiscal year 1996 and fiscal year 1997, A pupil who is in the post-secondary enrollment options program is counted as 1.3 pupil units. For fiscal year 1998, a pupil who is in the post-secondary enrollment options program is counted as 1.25 pupil units. For fiscal year 1999 and later years, a pupil who is in the post-secondary enrollment options program is counted as 1.2 pupil units.

(h) In fiscal year 1998, the pupil units used in computing a district's general education revenue and referendum revenue may not be reduced by more than two percent due to the reduction in the secondary pupil weight from 1.3 as specified in paragraphs (f) and (g). In fiscal year 1999 and later years, the pupil units used in computing a district's general education revenue and referendum revenue may not be decreased by more than four percent due to the reduction in the secondary weight from 1.3 as specified in paragraphs (f) and (g).

Sec. 4. Minnesota Statutes 1996, section 124A.22, subdivision 2, is amended to read:

Subd. 2. [BASIC REVENUE.] The basic revenue for each district equals the formula allowance times the actual pupil units for the school year. The formula allowance for fiscal year 1995 is $3,150. The formula allowance for fiscal year 1996 is $3,205. The formula allowance for fiscal year 1997 is $3,505 and for fiscal year 1998 and subsequent fiscal years the formula allowance is $3,430 $3,505.

Sec. 5. [REPEALER.]

Laws 1995, First Special Session chapter 3, article 14, section 5, as amended by Laws 1996, chapter 412, article 14, section 3, is repealed.

Sec. 6. [EFFECTIVE DATE.]

Sections 1 and 3 to 5 are effective the day following final enactment. Section 2 is effective for the 1997-1998 school year."

Amend the title as follows:

Page 1, line 3, after the first semicolon insert "permitting statewide testing;"

Page 1, line 4, after "sections" insert "121.11, subdivision 7c; 121.1115, by adding a subdivision;"

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

House Conferees: Alice M. Johnson, Lyndon R. Carlson and LeRoy Koppendrayer.

Senate Conferees: Keith Langseth, Roger D. Moe and Dean E. Johnson.

Johnson, A., moved that the report of the Conference Committee on H. F. No. 1 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.


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H. F. No. 1, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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

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

Those who voted in the affirmative were:

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

Those who voted in the negative were:

KnightOlson, M.

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

CONSENT CALENDAR

H. F. No. 121, A bill for an act relating to youth initiative grants; adding the Harrison neighborhood to the Sumner-Glenwood neighborhood for purposes of eligibility for certain enrichment grants; amending Laws 1996, chapter 463, section 4, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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Delmont Jefferson Lindner Osskopp Solberg Wolf
Dempsey Jennings Long Osthoff Stanek Workman
Dorn Johnson, A. Luther Otremba Stang Spk. Carruthers
Entenza Johnson, R. Macklin Ozment Sviggum

The bill was passed and its title agreed to.

CALENDAR

H. F. No. 282, A bill for an act relating to the metropolitan council; providing for appointment, discharge, and discipline of metropolitan transit police peace officers; amending Minnesota Statutes 1996, sections 473.125; 473.407, subdivision 4; and 626.84, subdivision 1.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


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MOTIONS AND RESOLUTIONS

Skoglund moved that the name of Sekhon be added as an author on H. F. No. 83. The motion prevailed.

Winter moved that the names of Mullery and Kubly be added as authors on H. F. No. 160. The motion prevailed.

Commers moved that the name of Paulsen be added as an author on H. F. No. 224. The motion prevailed.

Kahn moved that the name of Dehler be added as an author on H. F. No. 349. The motion prevailed.

Davids moved that the name of Peterson be added as an author on H. F. No. 367. The motion prevailed.

Chaudhary moved that the name of Mares be added as an author on H. F. No. 473. The motion prevailed.

Olson, E., moved that the names of Finseth and Daggett be added as authors on H. F. No. 503. The motion prevailed.

McCollum moved that the names of Mares, Broecker and Larsen be added as authors on H. F. No. 529. The motion prevailed.

Mulder moved that the name of Daggett be added as an author on H. F. No. 549. The motion prevailed.

Entenza moved that the name of Clark be added as an author on H. F. No. 552. The motion prevailed.

Erhardt moved that the name of Stanek be added as an author on H. F. No. 609. The motion prevailed.

Dawkins moved that H. F. No. 661 be recalled from the Committee on Economic Development and International Trade and be re-referred to the Committee on Judiciary. The motion prevailed.

Knoblach moved that H. F. No. 374, now on The Technical Consent Calendar, be re-referred to the Committee on Governmental Operations. The motion prevailed.

Entenza moved that H. F. No. 526 be returned to its author. The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, February 13, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, February 13, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives