JOURNAL OF THE HOUSE - 21st Day - Top of Page 417

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

TWENTY-FIRST DAY

Saint Paul, Minnesota, Thursday, March 2, 1995

Index to today's Journal

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

Prayer was offered by the Reverend Peg Chemberlin, Director, Minnesota Food Share, Greater Minneapolis Council of Churches, Minneapolis, Minnesota.

The roll was called and the following members were present:

Abrams       Finseth      Knight       Ness         Skoglund
Anderson, B. Frerichs     Knoblach     Olson, E.    Smith
Anderson, R. Garcia       Koppendrayer Olson, M.    Solberg
Bakk         Girard       Kraus        Onnen        Sviggum
Bertram      Goodno       Krinkie      Opatz        Swenson, D.
Bettermann   Greenfield   Larsen       Orenstein    Swenson, H.
Bishop       Greiling     Leighton     Orfield      Sykora
Boudreau     Haas         Leppik       Osskopp      Tomassoni
Bradley      Hackbarth    Lieder       Ostrom       Tompkins
Broecker     Harder       Lindner      Otremba      Trimble
Brown        Hasskamp     Long         Ozment       Tuma
Carlson      Hausman      Lourey       Paulsen      Tunheim
Carruthers   Holsten      Luther       Pawlenty     Van Dellen
Clark        Hugoson      Lynch        Pellow       Van Engen
Commers      Huntley      Macklin      Pelowski     Vickerman
Cooper       Jacobs       Mahon        Perlt        Wagenius
Daggett      Jaros        Mares        Peterson     Weaver
Dauner       Jefferson    Mariani      Pugh         Wejcman
Davids       Jennings     Marko        Rest         Wenzel
Dawkins      Johnson, A.  McCollum     Rhodes       Winter
Dehler       Johnson, R.  McElroy      Rice         Wolf
Delmont      Johnson, V.  McGuire      Rostberg     Worke
Dempsey      Kahn         Milbert      Rukavina     Workman
Dorn         Kalis        Molnau       Sarna        Sp.Anderson,I
Entenza      Kelley       Mulder       Schumacher   
Erhardt      Kelso        Munger       Seagren      
Farrell      Kinkel       Murphy       Simoneau     
A quorum was present.

Osthoff was excused until 2:50 p.m.

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

PETITIONS AND COMMUNICATIONS

The following communication was received:


JOURNAL OF THE HOUSE - 21st Day - Top of Page 418

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Act of the 1995 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 ApprovedDate Filed

No. No. Chapter No. 1995 1995

75 5 1:55 p.m. February 24February 24

Sincerely,

Joan Anderson Growe

Secretary of State

REPORTS OF STANDING COMMITTEES

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

H. F. No. 2, A bill for an act relating to the environment; automobile emissions; providing that a vehicle need not be inspected until the year of its registration is five years more than its model year; changing the inspection fee; providing for emissions certification by transferors; amending Minnesota Statutes 1994, sections 116.61, subdivision 1, and by adding a subdivision; 116.64, subdivision 1; 168A.10, by adding a subdivision; and 168A.29, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 22, delete "Except for inspections performed for"

Page 1, line 23, delete "purposes of complying with section 168A.10, subdivision 1a,"

Page 2, line 9, delete "or upon the sale of the vehicle"

Pages 2 and 3, delete sections 4 and 5 and insert:

"Sec. 4. [CONTINGENT EXPIRATION.]

If the United States Environmental Protection Agency approves and, if the Environmental Protection Agency has designated the Twin Cities area as an attainment area, then Minnesota Statutes, sections 116.60 to 116.65, expire July 1, 1998."

Page 3, line 30, delete "5" and insert "3"


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Renumber remaining sections in sequence

Amend the title as follows:

Page 1, line 5, after "providing" insert "a contingent expiration date for the inspection program;"

Page 1, line 6, delete everything before "amending"

Page 1, line 8, delete the second semicolon, and insert a period

Page 1, delete lines 9 and 10

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 74, A bill for an act relating to corrections; requiring that the commissioner of corrections notify affected local governments before licensing foster care facilities for delinquent children; amending Minnesota Statutes 1994, section 241.021, subdivision 2, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 241.021, subdivision 2, is amended to read:

Subd. 2. [FOSTER CARE FACILITIES FOR DELINQUENT CHILDREN AND YOUTH; LICENSES; SUPERVISION.] Notwithstanding any provisions in sections 256.01, subdivision 2, clause (2), 245A.03, and 245A.04, to the contrary, but subject to the municipality notification requirements of subdivision 2a, the commissioner of corrections shall review all county, municipal or other publicly established and operated facilities for the detention, care and training of delinquent children and youth at least once every biennium, and if such facility conforms to reasonable standards established by the commissioner or in the commissioner's judgment is making satisfactory progress toward substantial conformity therewith, and the commissioner is satisfied that the interests and well-being of children and youth received therein are protected, the commissioner shall grant a license to the county, municipality or agency thereof operating such facility. The commissioner may grant licensure up to two years. Each such facility shall cooperate with the commissioner to make available all facts regarding its operation and services as the commissioner requires to determine its conformance to standards and its competence to give the services needed and which it purports to give. Every such facility as herein described is subject to visitation and supervision by the commissioner and shall receive from the commissioner consultation as needed to strengthen services to the children and youth received therein.

Sec. 2. Minnesota Statutes 1994, section 241.021, is amended by adding a subdivision to read:

Subd. 2a. [NOTIFICATION OF AFFECTED MUNICIPALITY.] The commissioner must not issue a license without giving 30 calendar days' written notice to any affected municipality or other political subdivision unless the facility has a licensed capacity of six or fewer persons and is occupied by either the licensee or the group foster home parents. The notification must be given before the first issuance of a license and annually after that time if annual notification is requested in writing by any affected municipality or other political subdivision. State funds must not be made available to or be spent by an agency or department of state, county, or municipal government for payment to a foster care facility licensed under subdivision 2 until the provisions of this subdivision have been complied with in full."

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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Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 282, A bill for an act relating to state government; permitting state employees to donate vacation leave for the benefit of a certain state employee.

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

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 340, A bill for an act relating to commerce; motor vehicle sales and distribution; regulating the establishment and relocation of dealerships; amending Minnesota Statutes 1994, section 80E.14.

Reported the same back with the following amendments:

Page 2, line 21, delete the first comma, and insert "or" and delete ", or acquiescence"

Page 2, line 22, delete "in the establishment" and delete "a" and insert "an additional" and after "location" insert "by its line make dealer"

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

The report was adopted.

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

H. F. No. 342, A bill for an act relating to transportation; establishing a high-speed bus service pilot project in the metropolitan area.

Reported the same back with the following amendments:

Page 1, after line 18, insert:

"(4) a representative of Ramsey county, appointed by the county board;"

Page 1, line 19, delete "(4)" and insert "(5)"

Page 1, line 21, delete "(5)" and insert "(6)"

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

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 446, A bill for an act relating to occupations and professions; establishing licensure for acupuncture practitioners by the board of medical practice; authorizing rulemaking; providing penalties; proposing coding for new law as Minnesota Statutes, chapter 147B.

Reported the same back with the following amendments:

Page 4, line 9, delete "2" and insert "4"

Page 4, line 28, before "The" insert "(a)"


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Page 5, after line 9, insert:

"(b) This chapter does not prohibit a person who does not have an acupuncturist license from practicing specific noninvasive techniques, such as acupressure, that are within the scope of practice as set forth in section 147B.05, subdivision 4."

Page 7, line 13, delete "or as determined by the board"

Page 10, line 1, delete "five" and insert "seven"

Page 10, line 2, delete "Three" and insert "Four"

Page 10, line 5, after the comma, insert "one member must be a licensed chiropractor who is NCCA certified,"

Page 10, line 10, before the period, insert "until June 30, 1999"

Page 13, delete section 9

Page 14, line 1, delete "6" and insert "8"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, delete "authorizing rulemaking;"

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

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 564, A bill for an act relating to notaries; providing licensed peace officers with the powers of a notary public for administering oaths upon information submitted to establish probable cause; amending Minnesota Statutes 1994, section 358.15.

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

The report was adopted.

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

H. F. No. 565, A bill for an act relating to metropolitan area housing; authorizing the metropolitan council to operate a federal section 8 housing program within the metropolitan area pursuant to joint exercise of powers agreements; amending Minnesota Statutes 1994, section 473.195, subdivision 1.

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

The report was adopted.

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

H. F. No. 586, A bill for an act relating to motor vehicles; authorizing sale and disposal of unauthorized, abandoned, and junk vehicles by impound lots; amending Minnesota Statutes 1994, sections 168B.04; 168B.05; 168B.06; 168B.07, subdivision 1; 168B.08; 168B.09, subdivision 1; 168B.101; and 169.041, subdivisions 3, 4, and 6; proposing coding for new law in Minnesota Statutes, chapter 168B; repealing Minnesota Statutes 1994, section 168B.02.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Commerce, Tourism and Consumer Affairs.

The report was adopted.


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

H. F. No. 606, A bill for an act relating to local government; modifying the local approval requirements for the Nashwauk area ambulance district law; amending Laws 1994, chapter 587, article 9, section 10, subdivision 6.

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

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 624, A bill for an act relating to public employees; providing a leave of absence for public employees who are candidates for elective office; proposing coding for new law in Minnesota Statutes, chapter 179A.

Reported the same back with the following amendments:

Page 1, line 9, after "granted" insert "unpaid"

Page 1, line 15, before "This" insert "(a)"

Page 1, line 16, delete "governed by section 43A.32." and insert ". This section does not affect section 43A.32 as it applies to state employees.

(b) An employee of a charitable hospital operated by one or more political subdivisions is a "public employee" for purposes of this section."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 670, A bill for an act relating to Winona county; authorizing Winona county to negotiate and enter into a contract for deed with Winona county developmental achievement center.

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

The report was adopted.

Simoneau from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 673, A bill for an act relating to insurance; regulating risk-based capital for insurers; enacting the model act of the National Association of Insurance Commissioners; proposing coding for new law in Minnesota Statutes, chapter 60A.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1994, section 13.71, is amended by adding a subdivision to read:

Subd. 18. [RISK-BASED CAPITAL DATA.] Risk-based capital reports and related reports, data, and orders maintained by the commissioner of commerce are classified under section 60A.67."


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Page 12, line 14, after "life" insert "and/or health"

Page 14, line 11, delete "kept confidential" and insert "maintained"

Page 14, line 12, before the period, insert "as nonpublic data as defined in section 13.02, subdivision 9" and delete "must not be made public and"

Page 15, delete lines 27 and 28

Page 15, line 29, delete "(c)" and insert "(b)"

Renumber the sections in sequence

Correct internal references

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "amending Minnesota Statutes 1994, section 13.71, by adding a subdivision;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 726, A bill for an act relating to housing; clarifying provisions relating to retaliatory conduct and manufactured home parks; amending Minnesota Statutes 1994, section 327C.12.

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

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 778, A bill for an act relating to human services; modifying certain asset and income requirements for medical assistance; modifying the eligibility requirements for Minnesota supplemental aid; amending Minnesota Statutes 1994, sections 256B.056, subdivision 3, and by adding subdivisions; and 256D.425, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 4a. [ASSET VERIFICATION.] For purposes of verification, the value of a life estate shall be considered not saleable unless the owner of the remainder interest intends to purchase the life estate, or the owner of the life estate and the owner of the remainder sell the entire property.

Sec. 2. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 4b. [INCOME VERIFICATION.] The local agency shall not require a monthly income verification form for a recipient who is a resident of a long-term care facility and who has monthly earned income of $80 or less.

Sec. 3. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 5a. [INDIVIDUALS ON FIXED INCOME.] Recipients of medical assistance who receive only fixed unearned income, where such income is unvarying in amount and timing of receipt throughout the year, shall report and verify their income annually.


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Sec. 4. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 5b. [INDIVIDUALS WITH LOW INCOME.] Recipients of medical assistance not residing in a long-term care facility who have slightly fluctuating income which is below the medical assistance income limit shall report and verify their income on a semiannual basis.

Sec. 5. Minnesota Statutes 1994, section 256D.405, is amended by adding a subdivision to read:

Subd. 1a. [EXEMPTION.] Recipients who maintain supplemental security income eligibility are exempt from the reporting requirements of subdivision 1, except that the policies and procedures of transfers of assets are those used by the medical assistance program under section 256B.0595.

Sec. 6. [REPEALER.]

Minnesota Statutes 1994, section 256D.425, subdivision 3, is repealed.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 6 are effective August 1, 1995."

Amend the title as follows:

Page 1, line 4, delete "eligibility" and insert "verification"

Page 1, line 6, delete "subdivision 3, and"

Page 1, line 7, delete everything after "and" and insert "256D.405, by adding a subdivision; repealing Minnesota Statutes 1994, section 256D.425, subdivision 3."

With the recommendation that when so amended the bill pass.

The report was adopted.

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 887, A bill for an act relating to public administration; providing St. Paul with additional authority in regard to the teacher training institute; amending Laws 1994, chapter 643, section 72.

Reported the same back with the following amendments:

Page 1, line 12, strike "provides" and insert "provide" and delete "is" and insert "are"

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 74, 282, 340, 564, 565, 624, 670, 673, 726, 778 and 887 were read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Clark introduced:

H. F. No. 972, A bill for an act relating to health; providing a technical recodification of lead abatement law; amending Minnesota Statutes 1994, sections 16B.61, subdivision 3; 115C.082, subdivision 2; 116.87, subdivision 2; 144.99, subdivision 1; and 268.92, subdivisions 1, 3, 4, 6, and 7; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, sections 144.871; 144.872; 144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 144.8782; and 144.879.

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

Rukavina introduced:

H. F. No. 973, A bill for an act relating to employment; modifying provisions relating to boiler inspections; amending Minnesota Statutes 1994, section 183.375, subdivisions 1, 2, 3, and 4.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Vickerman introduced:

H. F. No. 974, A bill for an act relating to health; modifying certain fee payment time schedules; amending Minnesota Statutes 1994, section 144.98, subdivision 3.

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

Boudreau and Wejcman introduced:

H. F. No. 975, A bill for an act relating to health; modifying the definition of home care service; amending Minnesota Statutes 1994, section 144A.43, subdivision 3.

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

Orenstein introduced:

H. F. No. 976, A bill for an act relating to state government; establishing various pilot projects to improve the efficiency and effectiveness of state agencies; repealing Minnesota Rules, parts 3900.0100 to 3900.4700; and 3900.6100 to 3900.9100.

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

Kelley; Johnson, A.; Bertram; Tunheim and Ness introduced:

H. F. No. 977, A bill for an act relating to libraries; changing the requirements for state accessibility grants; establishing internet revenue; establishing internet access grants; providing for contracts with online service providers; appropriating money; amending Minnesota Statutes 1994, sections 124.91, by adding a subdivision; and 134.45, subdivisions 2 and 5; proposing coding for new law in Minnesota Statutes, chapter 134.

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


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Solberg, Murphy, Cooper, Rukavina and Frerichs introduced:

H. F. No. 978, A bill for an act relating to crimes; eliminating the law enforcement agency use exception to the destruction of forfeited weapons requirement of the forfeiture law; amending Minnesota Statutes 1994, section 609.5315, subdivisions 1 and 2.

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

Osthoff, Lieder, Huntley, Rice and Dempsey introduced:

H. F. No. 979, A bill for an act relating to transportation; appropriating $10,000,000 to the commissioner of transportation for port development assistance; increasing the share of port development project costs that may be paid by the commissioner; specifying who may apply for grants and loans; amending Minnesota Statutes 1994, sections 457A.02, subdivision 2; and 457A.03, subdivision 3; repealing Minnesota Statutes 1994, section 457A.01, subdivision 7.

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

Skoglund and Carruthers introduced:

H. F. No. 980, A bill for an act relating to crime; amending the definition of manslaughter in the first degree; amending Minnesota Statutes 1994, section 609.20.

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

Skoglund and Carruthers introduced:

H. F. No. 981, A bill for an act relating to crime prevention; clarifying the reasonable person standard for manslaughter in the first degree; clarifying certain acts that constitute murder in the first degree; amending Minnesota Statutes 1994, sections 609.185; and 609.20.

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

Rest introduced:

H. F. No. 982, A bill for an act relating to taxation; gross revenues tax on wholesale drug distributors; exempting payments from federal agencies and instrumentalities; amending Minnesota Statutes 1994, section 295.53, subdivision 1.

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

Lourey, Otremba, Dorn and Anderson, R., introduced:

H. F. No. 983, A bill for an act relating to health; reinstating certain advisory councils and a task force.

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

Wejcman, Hausman, Kelley and Kahn introduced:

H. F. No. 984, A bill for an act relating to alcoholic beverages; authorizing the issuance of an on-sale liquor license; amending Minnesota Statutes 1994, section 340A.404, subdivision 2.

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


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Johnson, R., introduced:

H. F. No. 985, A bill for an act relating to state lands; requiring the commissioner of natural resources to convey certain land to the city of Akeley for public purposes.

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

Wenzel introduced:

H. F. No. 986, A bill for an act relating to education; providing for a fund transfer for independent school district No. 482, Little Falls.

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

Murphy, Brown, Cooper, Delmont and Frerichs introduced:

H. F. No. 987, A bill for an act relating to criminal procedure; providing for use of interactive video systems at first appearances and arraignments; proposing coding for new law in Minnesota Statutes, chapter 630.

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

Perlt and Marko introduced:

H. F. No. 988, A bill for an act relating to education; permitting developers of new housing to pay a school impact fee; amending Minnesota Statutes 1994, section 462.358, by adding a subdivision.

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

Murphy; Johnson, A.; Greiling; Clark and Tomassoni introduced:

H. F. No. 989, A bill for an act relating to education; establishing a grant program for student operated businesses; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124C.

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

Entenza, Abrams, Orenstein, Perlt and Swenson, H., introduced:

H. F. No. 990, A bill for an act relating to consumer protection; providing warranties for new assistive devices; providing enforcement procedures; proposing coding for new law in Minnesota Statutes, chapter 325G.

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

Sviggum introduced:

H. F. No. 991, A bill for an act relating to education; extending the maximum number of years that a district may levy for funds to remove architectural barriers; amending Minnesota Statutes 1994, section 124.84, subdivision 3.

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

Pugh, McGuire and Macklin introduced:

H. F. No. 992, A bill for an act relating to data practices; eliminating a sunset on computer matching agreement requirements; repealing Laws 1990, chapter 566, section 9, as amended.

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


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Jaros, Osskopp, Bakk, Frerichs and Rukavina introduced:

H. F. No. 993, A bill for an act relating to international relations and economic development; establishing Minnesota international council; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Pugh, Rostberg and Osskopp introduced:

H. F. No. 994, A bill for an act relating to the military; exempting the national guard and the department of military affairs from certain prohibitions concerning weapons; amending Minnesota Statutes 1994, section 609.66, subdivision 2.

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

Johnson, R.; Solberg; Brown; Jefferson and Smith introduced:

H. F. No. 995, A bill for an act relating to retirement; police state aid; providing for the disposition of excess police state aid amounts as an additional amortization aid program; amending Minnesota Statutes 1994, section 353.65, subdivision 7.

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

Solberg; Carlson; Johnson, A.; Ness and Schumacher introduced:

H. F. No. 996, A bill for an act relating to education; providing for employment of education support employees terminated by a dissolved cooperative or the withdrawal of a member district; amending Minnesota Statutes 1994, section 122.895, subdivisions 1, 8, and 9.

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

Delmont, Bishop, Solberg, Kahn and Entenza introduced:

H. F. No. 997, A bill for an act relating to the legislature; providing for the organization and direction of various joint legislative services; abolishing certain legislative commissions and programs; amending Minnesota Statutes 1994, sections 3.303; 3.305; 3.85, subdivisions 5 and 12; 3.855, by adding a subdivision; and 3.885, subdivision 5, and by adding a subdivision; repealing Minnesota Statutes 1994, sections 3.304, subdivision 2; 3.855, subdivision 1; 3.861; 3.863; 3.864; 3.873; 3.881; 3.882; 3.885, subdivisions 1, 1a, 2, 3, 6, 7, and 8; 3.9227; and 256B.504.

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

Wejcman introduced:

H. F. No. 998, A bill for an act relating to human services; requiring licensure for day care services to preschool and school age children; amending Minnesota Statutes 1994, section 245A.03, subdivision 1.

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

Greiling and McCollum introduced:

H. F. No. 999, A bill for an act relating to the ethical practices board; clarifying definitions; strengthening enforcement powers; requiring additional disclosure of lobbyist activities; facilitating reports of last-minute contributions; clarifying campaign finance requirements; requiring return of public subsidies under certain conditions; providing penalties; amending Minnesota Statutes 1994, sections 10A.01, subdivisions 11, 25, 28, and by adding a


JOURNAL OF THE HOUSE - 21st Day - Top of Page 429

subdivision; 10A.02, subdivisions 11 and 12; 10A.03, subdivisions 2 and 3; 10A.04, subdivisions 3, 4, 5, 6, and 7; 10A.05; 10A.065, subdivision 1, and by adding a subdivision; 10A.08; 10A.09, subdivision 7; 10A.14, subdivision 4; 10A.15, subdivisions 3a and 5; 10A.20, subdivisions 3, 5, 6b, and 12; 10A.21, subdivision 3; 10A.23; 10A.25, subdivisions 2, 6, 11, and 13; 10A.27, subdivisions 9, 10, and 12; 10A.275, subdivision 1; 10A.28, subdivision 1; 10A.31, subdivisions 3, 4, 5, 7, 11, and 12; 10A.315; 10A.322, subdivisions 1 and 4; 10A.323; 10A.324, subdivision 1; 10A.335; 10A.34; 211A.12; 211B.15, subdivisions 2, 15, and 16; and 290.06, subdivision 23; repealing Minnesota Statutes 1994, sections 10A.09, subdivision 3; 10A.21, subdivisions 1 and 2; and 10A.324, subdivisions 2 and 4.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Johnson, A.; Carlson; Tunheim; Schumacher and Koppendrayer introduced:

H. F. No. 1000, A bill for an act relating to education; clarifying certain provisions; amending Minnesota Statutes 1994, sections 124.226, subdivision 9; and 124.2726, subdivision 1; Laws 1993, chapter 224, article 8, section 21, subdivision 1.

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

Rukavina, Osthoff, Kahn and Anderson, I., introduced:

H. F. No. 1001, A bill for an act relating to state government finance; appropriating money for a women in military service memorial.

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

Rukavina introduced:

H. F. No. 1002, A bill for an act relating to state finance; changing certain accounting procedures; changing the dollar threshold for approval of gifts to the state; changing procedures for collection of debt by the state; changing terminology for the petroleum tank release cleanup account; amending Minnesota Statutes 1994, sections 7.09, subdivision 1; 15.415; 16A.129, subdivision 3; 16A.28, subdivisions 1 and 6; 16A.40; 16A.57; 16A.72; 115C.02, by adding a subdivision; and 115C.08, subdivisions 1, 2, and 4; proposing coding for new law in Minnesota Statutes, chapter 16D; repealing Minnesota Statutes 1994, section 115C.02, subdivision 1a.

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

Huntley, Luther and Kahn introduced:

H. F. No. 1003, A bill for an act relating to health; modifying provisions relating to X-ray operators and inspections; establishing an advisory committee; amending Minnesota Statutes 1994, section 144.121, by adding subdivisions.

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

Sviggum, Carlson and Weaver introduced:

H. F. No. 1004, A bill for an act relating to education; authorizing a levy for special assessments; amending Minnesota Statutes 1994, section 124.91, by adding a subdivision.

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


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Onnen, Greenfield, Wejcman, Boudreau and McCollum introduced:

H. F. No. 1005, A bill for an act relating to human services; establishing pilot projects for mental health services; expanding the definition of "related condition"; establishing a consumer support grant program; providing assessment and prior authorization for recipients of home care and waivered services; allowing persons with mental retardation receiving home and community-based services to live in their own homes without licensure; amending Minnesota Statutes 1994, sections 252.27, subdivision 1a; 252.275, subdivisions 3, 4, and 8; 254B.02, subdivision 1; 254B.05, subdivision 1; 256B.0628, by adding a subdivision; and 256B.092, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 252; and 256; repealing Minnesota Statutes 1994, section 252.275, subdivisions 4a and 10.

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

Jaros, Bakk, Entenza, Perlt and Johnson, R., introduced:

H. F. No. 1006, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing correction orders to be issued; establishing a statewide drug formulary; requiring a pharmacy to post a sign on generic substitution; amending Minnesota Statutes 1994, sections 151.21, subdivisions 2, 3, and by adding a subdivision; and 256B.0625, subdivision 13; proposing coding for new law in Minnesota Statutes, chapters 16B; and 256.

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

Ness, Solberg, Mares, Carlson and Johnson, A., introduced:

H. F. No. 1007, A bill for an act relating to education; providing funding for advanced placement and international baccalaureate programs; appropriating money.

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

Bradley, Osskopp, Daggett, Brown and Perlt introduced:

H. F. No. 1008, A bill for an act relating to family law; authorizing courts to require parties to participate in orientation programs in proceedings involving children; proposing coding for new law in Minnesota Statutes, chapter 518.

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

McElroy, Marko, Mahon, Bradley and Broecker introduced:

H. F. No. 1009, A bill for an act relating to drivers' licenses; authorizing and allocating charges for driver's license reinstatement; providing that a person whose license has been suspended due to failure to appear in a court outside the state, but who subsequently appears for determination of the case, does not have to pay the license reinstatement fee; amending Minnesota Statutes 1994, section 171.20, subdivision 4.

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

Kalis, Dempsey, Simoneau, Bishop and Trimble introduced:

H. F. No. 1010, A bill for an act relating to governmental finance; cancellation of bond issue authorizations; clarifying reporting requirements for board of water and soil resources projects financed with bond proceeds; amending Laws 1994, chapter 643, section 26, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A.

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


JOURNAL OF THE HOUSE - 21st Day - Top of Page 431

McElroy, Osthoff, Bradley and Schumacher introduced:

H. F. No. 1011, A bill for an act relating to traffic regulations; prohibiting radar jammers; amending Minnesota Statutes 1994, section 169.14, by adding a subdivision.

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

Dorn, Perlt, Mares, Dehler and Pugh introduced:

H. F. No. 1012, A bill for an act relating to gambling; creating a special account for money received by the gambling control board as reimbursement for costs of testing pull-tab dispensing devices; appropriating money in the account to the board for that purpose; amending Minnesota Statutes 1994, section 349.163, by adding a subdivision.

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

Greenfield and Rice introduced:

H. F. No. 1013, A bill for an act relating to highways; designating the Jerry Haaf Memorial Drive in Minneapolis; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.

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

Hausman introduced:

H. F. No. 1014, A bill for an act relating to energy; regulating wind energy conversion systems siting; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116C.

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

Hausman introduced:

H. F. No. 1015, A bill for an act relating to the environment; environmental quality board; modifying the environmental review program; amending Minnesota Statutes 1994, section 116D.04, subdivisions 1a, 2a, 2b, and 5a.

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

Jaros, Munger, Huntley and Murphy introduced:

H. F. No. 1016, A bill for an act relating to retirement; changing the postretirement benefit increase mechanism from a lump-sum adjustment to a cost-of-living adjustment for the Duluth teachers retirement fund association; amending Minnesota Statutes 1994, section 354A.27.

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

Huntley, Munger and Jaros introduced:

H. F. No. 1017, A bill for an act relating to capital improvements; authorizing the issuance of bonds to remodel a medical facility; appropriating money.

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

Trimble, Lynch, Orfield and McCollum introduced:

H. F. No. 1018, A bill for an act relating to the environment; conforming state regulation of chlorofluorocarbons to federal law; amending Minnesota Statutes 1994, sections 116.731, subdivisions 2, 4, and 4a; and 116.735.

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


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Trimble, Kalis, Frerichs and Lieder introduced:

H. F. No. 1019, A bill for an act relating to natural resources; establishing a native plant program for highway rest areas; appropriating money; amending Minnesota Statutes 1994, sections 17.86, subdivision 4; and 86A.05, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 86A.

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

Trimble, Hausman, Peterson and Leppik introduced:

H. F. No. 1020, A bill for an act relating to agriculture; providing for issuance of aquatic pest control licenses; amending Minnesota Statutes 1994, sections 18B.32; 18B.33, subdivision 1; and 18B.34, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 18B.

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

Ness and Cooper introduced:

H. F. No. 1021, A bill for an act relating to human services; modifying nursing home geographic groups; amending Minnesota Statutes 1994, 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.

Carruthers, Sarna, Jennings, Kelso and Swenson, D., introduced:

H. F. No. 1022, A bill for an act relating to consumer protection; consumer warranties; requiring the transferability of certain warranties; proposing coding for new law in Minnesota Statutes, chapter 325G.

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

Huntley, Lourey, Murphy, Munger and Jaros introduced:

H. F. No. 1023, A bill for an act relating to education; establishing a rural psychiatry program at the University of Minnesota Duluth; proposing coding for new law in Minnesota Statutes, chapter 137.

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

Lieder, Kalis, Tunheim and Johnson, V., introduced:

H. F. No. 1024, A bill for an act relating to capital improvements; authorizing bonds and appropriating money for purchase of Water's Edge building.

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

Huntley, Cooper, Lourey, Vickerman and Jennings introduced:

H. F. No. 1025, A bill for an act relating to human services; changing provisions for variances for payment rate on day training and habilitation services; amending Minnesota Statutes 1994, section 252.46, subdivision 6.

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


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Entenza, Weaver, Schumacher, Seagren and Otremba introduced:

H. F. No. 1026, A bill for an act relating to crimes; extending expiration date of crime victim and witness advisory council; amending Minnesota Statutes 1994, section 611A.71, subdivision 7.

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

Peterson, Munger, Brown, Tomassoni and Johnson, V., introduced:

H. F. No. 1027, A bill for an act relating to the environment; establishing an environmental legal assistance pilot project; appropriating money.

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

Opatz, Knoblach, Schumacher, Bertram and Dehler introduced:

H. F. No. 1028, A bill for an act relating to rural health care; appropriating money for the St. Cloud Hospital-Mayo Family Practice Residency Program.

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

Milbert, Jacobs, Macklin, Delmont and Girard introduced:

H. F. No. 1029, A bill for an act relating to taxation; property; changing the class rate applied to manufactured home parks; amending Minnesota Statutes 1994, section 273.13, subdivision 25.

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

Kahn; Anderson, I.; Abrams; Osthoff and Orenstein introduced:

H. F. No. 1030, A bill for an act proposing an amendment to the Minnesota Constitution, article V, sections 1, 2, and 5; abolishing the office of lieutenant governor.

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

Van Engen; Boudreau; Ostrom; Anderson, R., and Lourey introduced:

H. F. No. 1031, A bill for an act relating to human services; designating use of funds for regional treatment centers; amending Minnesota Statutes 1994, sections 246.18, subdivision 4, and by adding a subdivision; 246.23, subdivision 2; 246.56, by adding a subdivision; and 254B.05, subdivision 4.

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

Tuma; Tunheim; Johnson, A.; Greiling and Seagren introduced:

H. F. No. 1032, A bill for an act relating to education; establishing a pilot program for children with specific learning disabilities; amending Minnesota Statutes 1994, sections 120.185; and 124.17, by adding a subdivision.

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

Greiling, Munger, Dauner, Osthoff and Ostrom introduced:

H. F. No. 1033, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing correction orders to be issued; establishing a statewide drug formulary; requiring a pharmacy to post a sign on generic substitution; amending Minnesota Statutes 1994, sections 151.21, subdivisions 2, 3, and by adding a subdivision; and 256B.0625, subdivision 13; proposing coding for new law in Minnesota Statutes, chapters 16B; and 256.

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


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Brown, Tomassoni, Skoglund, Holsten and Swenson, D., introduced:

H. F. No. 1034, A bill for an act relating to state government; requiring that certain purchases be made from Minnesota corrections industries; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Wejcman; Johnson, R.; Van Engen; Greenfield and Boudreau introduced:

H. F. No. 1035, A bill for an act relating to human services; defining interpretive guidelines; changing licensing requirements and reconsideration for foster care; assessing fines; adding provisions for drop-in child care programs; changing a definition; adding provisions for the Minnesota family preservation act; amending Minnesota Statutes 1994, sections 14.03, subdivision 3; 245A.02, by adding a subdivision; 245A.03, subdivision 2a; 245A.04, subdivisions 3, 3b, 7, and 9; 245A.06, subdivision 2, and by adding a subdivision; 245A.07, subdivision 3; 245A.09, by adding subdivisions; 245A.14, subdivision 6; 256.12, subdivision 14; 256.8711; 256F.01; 256F.02; 256F.03, subdivision 5, and by adding a subdivision; 256F.04, subdivisions 1 and 2; 256F.05, subdivisions 2, 3, 4, 5, 7, 8, and by adding a subdivision; 256F.06, subdivisions 1, 2, and 4; and 364.09; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 1994, sections 253B.22; 256F.05, subdivisions 2a and 4a; and 256F.06, subdivision 3.

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

Orenstein introduced:

H. F. No. 1036, A bill for an act relating to state departments; abolishing the department of public safety, the higher education coordinating board, the Minnesota racing commission, the gambling control board, the state lottery board, and the department of public service; transferring certain responsibilities and personnel to other agencies; creating new agencies; reducing certain appropriations; amending Minnesota Statutes 1994, sections 3.732, subdivision 1; 8.33; 10A.01, subdivision 18; 10A.09, subdivision 1; 15.01; 15A.081, subdivisions 1 and 7b; 16B.14; 16B.46; 16B.54, subdivision 2; 43A.05, subdivision 4; 43A.34, subdivision 4; 65B.28, subdivision 2; 116C.03, subdivision 2; 126.663, subdivision 3; 126A.02, subdivision 2; 135A.10, subdivision 1; 136A.01; 136A.03; 136A.08; 136A.101, subdivisions 2 and 3; 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 136A.233, subdivision 2; 136A.62, subdivision 2; 136C.042, subdivision 1; 161.125, subdivision 3; 161.20, subdivision 4; 161.465; 168.011, by adding subdivisions; 168.126, subdivision 3; 168.325; 169.751; 169.783, subdivision 1; 170.23; 170.24; 171.015; 216A.01; 216A.035; 216A.036; 216A.04; 216A.05, by adding a subdivision; 216A.07; 216A.085; 216A.095; 216B.02, subdivision 7, and by adding subdivisions; 216B.16, subdivision 2; 216B.162, subdivision 7; 216B.241, subdivisions 1 and 2; 216B.62; 216B.64; 216B.65; 216C.01, subdivisions 2, 3, and by adding a subdivision; 216C.10; 216C.19, subdivision 1; 216C.37, subdivision 1; 218.031, subdivision 2; 237.02; 237.075, subdivision 2; 237.295; 237.30; 239.01; 239.05, subdivisions 6c, 7a, and 8; 240.01, by adding subdivisions; 240.011; 240.03; 240.04; 240.05, subdivision 2; 240.06, subdivisions 3, 7, and 8; 240.07, subdivision 2; 240.08; 240.09, subdivision 3a; 240.155; 240.16; 240.18, subdivision 2; 240.21; 240.24; 240.28; 270.73, subdivision 1; 297B.01, subdivision 3; 297C.09; 297C.10, subdivision 1; 298.2214, subdivision 5; 299A.02; 299A.30; 299A.31, subdivision 1; 299A.331, subdivision 1; 299A.38, subdivision 1; 299C.01; 299C.03; 299C.06; 299C.13; 299C.50; 299F.01; 299F.05, subdivision 2; 299L.01; 299L.02, subdivisions 2, 3, 4, and 5; 299L.03, subdivisions 1, 4, 5, and 7; 340A.201; 347.51, subdivision 2a; 349.12, subdivision 10, and by adding subdivisions; 349.13; 349.151, subdivisions 2 and 8; 349.152, subdivision 1; 349.153; 349.155, subdivision 4; 349.162, subdivisions 2 and 6; 349.163, subdivision 6; 349.165, subdivision 2; 349.18, subdivision 1; 349.19, subdivision 6; 349A.01, by adding a subdivision; 349A.02, subdivisions 1 and 8; 349A.03, subdivision 2; 349A.04; 349A.05; 349A.06, subdivision 2; 349A.08, subdivision 7; 349A.11; 349A.12, subdivision 4; 352B.01, subdivision 2; 360.0752, subdivision 7; 360.0753, subdivision 6; 611A.20, subdivision 2; 624.7151; 626.5531, subdivision 2; 626.562, subdivision 1; and 634.16; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 216C; and 349B; repealing Minnesota Statutes 1994, sections 135A.052, subdivisions 2 and 3; 135A.08; 135A.12, subdivision 5; 136A.02; 136A.04; 136A.041; 136A.043; 136A.85; 136A.86; 136A.87; 136A.88; 216A.06; 216B.02, subdivision 8; 237.69, subdivision 3; 240.01, subdivision 4; 240.02; 270B.12, subdivision 4; 299A.01; 349.12, subdivision 6; 349.151, subdivisions 1, 2, and 3a; 349.152, subdivision 4; 349A.01, subdivision 2; and 349A.03, subdivision 1; Laws 1987, chapter 315, section 4, subdivision 2; Laws 1990, chapters 571, section 39; and 594, article 3, sections 6 and 7.

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


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Huntley; Bradley; Anderson, R.; Boudreau and Haas introduced:

H. F. No. 1037, A bill for an act relating to health; providing rulemaking authority; modifying enforcement and fee provisions; providing penalties; amending Minnesota Statutes 1994, sections 144.414, subdivision 3; 144.417, subdivision 1; 144.99, subdivisions 1, 4, and 6; 144.991, subdivision 5; 326.75, subdivision 3a; and 326.78, subdivisions 2 and 9; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, section 144.8781, subdivision 4; Laws 1989, chapter 282, article 3, section 28; and Laws 1993, chapter 286, section 11.

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

Delmont, Huntley and Bertram introduced:

H. F. No. 1038, A bill for an act relating to civil actions; exempting owners of certain sport shooting ranges from liability for noise; proposing coding for new law in Minnesota Statutes, chapter 604A.

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

Milbert, Tompkins, Wolf, Commers and McElroy introduced:

H. F. No. 1039, A bill for an act relating to Dakota county; assigning to the county administrator the duties of the clerk of the county board; proposing coding for new law in Minnesota Statutes, chapter 383D.

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

Kahn; Johnson, R.; Pelowski; Girard and Opatz introduced:

H. F. No. 1040, A bill for an act relating to retirement; higher education supplemental retirement and individual retirement plans; revising laws governing certain faculty in the state university and community college systems who return to teaching part time after retirement; part-time faculty program participation; investment options; amending Minnesota Statutes 1994, sections 136.90; 354.445; 354.66, by adding a subdivision; 354B.05, subdivisions 2 and 3; 354B.07, subdivisions 1 and 2; and 354B.08, subdivision 2.

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

Jennings, Perlt, Goodno, Murphy and Pellow introduced:

H. F. No. 1041, A bill for an act relating to commerce; regulating building and construction contracts; regulating payments and retainages, and indemnification provisions and agreements to insure; prohibiting certain contract provisions; regulating mechanics liens; amending Minnesota Statutes 1994, sections 15.72; 16A.124, subdivision 8; 16A.1245; 337.02; 471.425, subdivision 5; and 514.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 337; repealing Minnesota Statutes 1994, section 337.05.

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

Dawkins, Osthoff and Trimble introduced:

H. F. No. 1042, A bill for an act relating to retirement; authorizing articles of incorporation and bylaws amendments to provide postretirement adjustments for the St. Paul teachers retirement fund association.

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

McElroy, Mares, Broecker, Tuma and Osskopp introduced:

H. F. No. 1043, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article V, sections 1, 3, and 4; article VIII, section 2; article XI, sections 7 and 8; abolishing the office of state treasurer; transferring or repealing the powers, responsibilities, and duties of the state treasurer; amending Minnesota Statutes 1994, sections 9.011, subdivision 1; and 11A.03.

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


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Tomassoni, Bertram, Schumacher and Smith introduced:

H. F. No. 1044, A bill for an act relating to education; permitting school districts to offer certain early retirement incentives; permitting teachers to purchase service credit for teaching service in other states; permitting purchase of service credit for other specified periods; proposing coding for new law in Minnesota Statutes, chapters 125; 354; and 354A.

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

Marko; Anderson, I.; Perlt; McCollum and Osthoff introduced:

H. F. No. 1045, A bill for an act relating to veterans; appropriating money for assistance in making certain claims.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Kinkel and Johnson, R., introduced:

H. F. No. 1046, A bill for an act relating to education; establishing a task force on alternative measures for teaching licensure.

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

Bakk and Anderson, I., introduced:

H. F. No. 1047, A bill for an act relating to the environment; extending the notification requirements for landfarming contaminated soil to unorganized townships; requiring that notice must be filed with the county recorder when a permit is issued to landfarm contaminated soil; amending Minnesota Statutes 1994, section 116.07, subdivision 11.

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

Entenza, Lynch, Peterson, Brown and Boudreau introduced:

H. F. No. 1048, A bill for an act relating to commerce; regulating videotape distributions, sales, and rentals; requiring captioning for deaf or hearing-impaired persons; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325I.

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

Mahon, Lieder, McElroy and Marko introduced:

H. F. No. 1049, A bill for an act relating to transportation; exempting rescue vehicles from registration tax and fees; including rescue vehicles in definition of authorized emergency vehicles; amending Minnesota Statutes 1994, sections 168.012, subdivision 1; and 169.01, subdivision 5.

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

Jennings, Pugh, Holsten, Peterson and Lynch introduced:

H. F. No. 1050, A bill for an act relating to commerce; rental-purchase agreements; regulating the cost of lease services; providing for the application of certain other law; amending Minnesota Statutes 1994, sections 325F.84, by adding a subdivision; 325F.85; and 325F.91, by adding a subdivision.

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


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Koppendrayer, Seagren, Bettermann, Tunheim and Tomassoni introduced:

H. F. No. 1051, A bill for an act relating to education; eliminating the state board of education; creating a state education advisory council; transferring certain state board of education duties to the department of education; amending Minnesota Statutes 1994, sections 16B.43, subdivision 2; 120.064, subdivisions 3, 4, 8, 10, 14, 17, 21, and 24; 120.17, subdivisions 1, 3, 3b, and 7a; 120.65; 120.66; 121.02; 121.05; 121.14; 121.148, subdivision 3; 121.16, subdivision 1, and by adding subdivisions; 121.48; 121.585, subdivisions 2 and 8; 121.612, subdivisions 2, 3, 6, 7, and 9; 121.914, subdivision 3; 122.23, subdivision 3; 122.242, subdivisions 1 and 2; 123.38, subdivision 3; 123.39, subdivision 8a; 123.58, subdivision 9; 123.933, subdivision 1; 123.947; 124.14, subdivisions 1 and 4; 124.15, subdivisions 2, 2a, 4, 5, and 7; 124.223, subdivision 11; 124.41, subdivision 2; 124.431, subdivision 7; 124.48; 124.573, subdivisions 3 and 3a; 124.574, subdivisions 4 and 5; 124.625; 124C.12, subdivisions 1, 4, and 5; 124C.46, subdivision 3; 125.05, subdivisions 1, 1c, 2, and 4; 125.09, subdivisions 1 and 4; 125.121, subdivisions 1 and 2; 125.1885, subdivisions 1, 4, and 5; 125.702, subdivision 2; 126.019; 126.36, subdivision 4; 126.49, subdivision 4; 126.52, subdivision 5; 126.531; 126.82; 127.44; 128A.02; 128A.022; 128A.023; 128A.024, subdivision 2; 128A.025, subdivision 2; 128A.026, subdivision 1; 128A.05, subdivision 3; 128A.07, subdivision 2; 128A.09, subdivision 3; 134.201, subdivision 1; 134.22; 134.32, subdivision 8; 134.34, subdivision 3; 134.351, subdivision 1; 134.36; 136A.041; 136D.75; 138.054, subdivision 2; 169.448, subdivision 2; 169.974, subdivision 2; 171.04, subdivision 1; 216C.13; 248.07, subdivision 3; 465.797, subdivision 1; and 471.18; repealing Minnesota Statutes 1994, sections 15.014, subdivision 3; 121.02, subdivision 4; 121.03; 121.04; 121.06; 121.11; 121.15, subdivision 5; 123.78, subdivision 3; 124.431, subdivision 6; 126.22, subdivision 5; 126.665; and 128A.023, subdivision 1.

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

Entenza, Ness, Tomassoni and Weaver introduced:

H. F. No. 1052, A bill for an act relating to the federal lien registration act; imposing duties on filing officers; providing for filing of notices and of certificates of discharge; designating an official index; providing for the transmission of certain information; amending Minnesota Statutes 1994, sections 272.481; 272.482; 272.483; and 272.488, subdivisions 1, 2, 3, 4, and by adding subdivisions.

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

Kelso, Koppendrayer and Hausman introduced:

H. F. No. 1053, A bill for an act relating to education; providing specific reference to federal special education requirements; making certain specific changes in procedures; providing state aid for certain school district litigation costs; appropriating money; amending Minnesota Statutes 1994, sections 120.17, subdivisions 1, 2, 3, 3a, and 3b; and 124.32, by adding a subdivision.

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

Van Dellen and Tunheim introduced:

H. F. No. 1054, A bill for an act relating to railroads; authorizing cities and counties to require railroads to repair grade crossing surfaces and install safety devices; providing for apportionment of costs; proposing coding for new law in Minnesota Statutes, chapter 219.

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

Dauner, Wagenius, Jacobs, Finseth and Winter introduced:

H. F. No. 1055, A bill for an act relating to waters; eliminating the position of board of water and soil resources secretary; increasing board members' compensation; duties of advisory committees; rule approval procedure; guidelines for management plans; exemptions from review; appeals from rules, permit decisions, and orders; informal dispute resolution; tax levy for common benefits; assessment basis; authorizing special taxing districts and common benefit funds; amending Minnesota Statutes 1994, sections 103D.011, subdivision 21; 103D.101, subdivision 4; 103D.205,


JOURNAL OF THE HOUSE - 21st Day - Top of Page 438

subdivisions 1 and 4; 103D.221, subdivision 2; 103D.255, subdivision 1; 103D.261, subdivision 1; 103D.271, subdivisions 2 and 4; 103D.305, subdivision 1; 103D.311, subdivision 4; 103D.315, subdivisions 1, 8, and 11; 103D.321, subdivision 2; 103D.331; 103D.335, subdivisions 5, 6, and 13; 103D.341, subdivision 2; 103D.351; 103D.401, subdivisions 1 and 2; 103D.405, subdivision 1; 103D.515, subdivision 4; 103D.531; 103D.535, subdivisions 1, 4, and 5; 103D.537; 103D.611, subdivisions 1, 4, and 5; 103D.621, subdivision 4; 103D.625, subdivisions 3 and 4; 103D.631, subdivision 2; 103D.635, subdivisions 1 and 3; 103D.705, subdivision 1; 103D.711, subdivision 2; 103D.715, subdivision 3; 103D.721, subdivision 2; 103D.741, subdivision 1; 103D.745, subdivisions 2 and 3; 103D.811, subdivisions 1 and 3; 103D.901, subdivisions 2, 4, and 5; 103D.905, subdivisions 3 and 5; 103D.921, subdivisions 1 and 3; and 103D.925; proposing coding for new law in Minnesota Statutes, chapter 103D.

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

Garcia, Marko, Greenfield, Mariani and Johnson, A., introduced:

H. F. No. 1056, A bill for an act relating to transportation; requiring transit symbol on licenses and identification cards for senior citizens; establishing an employer payroll tax to support transit programs; requiring consultation for route and schedule changes; establishing route and schedule planning review process; requiring a study and report by the metropolitan council concerning coordination of transit services; requiring assessment of electric vehicle technology; authorizing issuance of free bus passes; appropriating money; amending Minnesota Statutes 1994, sections 171.07, subdivisions 1 and 3a; 473.375, by adding subdivisions; and 473.408, 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 and Transit.

Hugoson, Girard, Molnau, Koppendrayer and Johnson, V., introduced:

H. F. No. 1057, A bill for an act relating to pollution control; prohibiting local governments from exercising certain regulatory authorities over feedlots; amending Minnesota Statutes 1994, section 116.07, subdivision 7.

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

Orenstein introduced:

H. F. No. 1058, A bill for an act relating to state government; clarifying statutory waiver requirements with respect to the housing finance agency for the civil service pilot project.

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

Orenstein, Carruthers, Solberg and Weaver introduced:

H. F. No. 1059, A bill for an act relating to state government; expanding the duties of the board of government innovation and cooperation to study eliminating unfunded state mandates; appropriating money; amending Minnesota Statutes 1994, section 465.796, subdivision 2.

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

Pugh and Milbert introduced:

H. F. No. 1060, A bill for an act relating to local government; excluding certain fire and police department employees from civil service in the city of South St. Paul.

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


JOURNAL OF THE HOUSE - 21st Day - Top of Page 439

Greenfield, Carlson, Kahn, Bishop and Rukavina introduced:

H. F. No. 1061, A bill for an act relating to telecommunications; mandating that public and private schools be included as eligible system recipients and users of the STARS program; amending Minnesota Statutes 1994, section 16B.465.

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

Simoneau, Leppik and Lourey introduced:

H. F. No. 1062, A bill for an act relating to civil actions; establishing a state-of-the-art defense to certain product claims; proposing coding for new law in Minnesota Statutes, chapter 604.

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

Huntley, Jaros, Munger and Murphy introduced:

H. F. No. 1063, A bill for an act relating to the city of Duluth; making certain statutory provisions concerning public utilities applicable to the city of Duluth; authorizing a demonstration project to develop methods to prevent the infiltration and inflow of storm water into the city's sanitary sewer system.

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

Johnson, R.; Ozment; Simoneau; Bishop and Dawkins introduced:

H. F. No. 1064, A bill for an act relating to public safety; requiring installation of automatic sprinkler systems in certain existing high-rise buildings; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

Rukavina, Murphy, Jaros, Solberg and Tomassoni introduced:

H. F. No. 1065, A bill for an act relating to St. Louis county; modifying certain accounting and expenditure requirements for road and bridge fund tax money derived from unorganized townships; proposing coding for new law in Minnesota Statutes, chapter 383C.

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

Knoblach, Kalis, Trimble, Bishop and Solberg introduced:

H. F. No. 1066, A bill for an act relating to state obligations; authorizing listing of state obligations; amending Minnesota Statutes 1994, section 16A.672, by adding a subdivision.

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

Van Engen, McGuire, Luther and Macklin introduced:

H. F. No. 1067, A bill for an act relating to health; modifying provisions relating to access to certain data; amending Minnesota Statutes 1994, sections 144.225, by adding a subdivision; 144.3351; 144.651, subdivisions 21 and 26; 253B.03, subdivisions 3 and 4; proposing coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 1994, section 13.38, subdivision 4.

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


JOURNAL OF THE HOUSE - 21st Day - Top of Page 440

Abrams, Leppik, Greiling and Kelso introduced:

H. F. No. 1068, A bill for an act proposing an amendment to the Minnesota Constitution; providing for a bipartisan congressional and legislative reapportionment commission; amending the Minnesota Constitution, article IV, section 3; and by adding an article.

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

Huntley introduced:

H. F. No. 1069, A bill for an act relating to contracts for deed; requiring a mortgagee to provide a vendee with a copy of the notice of default on contract for deed property subject to a mortgage; proposing coding for new law in Minnesota Statutes, chapter 559.

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

Abrams and Girard introduced:

H. F. No. 1070, A bill for an act relating to state government; providing for a cap on agency fees.

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

Vickerman and Van Engen introduced:

H. F. No. 1071, A bill for an act relating to workers' compensation; changing a rate calculation; amending Minnesota Statutes 1994, section 79.211, subdivision 1.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Vickerman and Van Engen introduced:

H. F. No. 1072, A bill for an act relating to retirement; public employees retirement association; exempting physicians employed by Springfield community hospital and medical clinic from coverage.

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

Simoneau, Workman, Wolf, Garcia and Clark introduced:

H. F. No. 1073, A bill for an act relating to metropolitan government; authorizing financing for transit and paratransit facilities and equipment; removing the limitation on metro mobility funding for capital costs; amending Minnesota Statutes 1994, section 473.39, subdivision 1b.

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

Hausman and Anderson, I., introduced:

H. F. No. 1074, A bill for an act proposing an amendment to the Minnesota Constitution, changing article IV; article V, sections 3 and 5; article VIII, section 1; article IX, sections 1 and 2; and article XI, section 5; providing for a unicameral legislature of 102 to 135 representatives.

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


JOURNAL OF THE HOUSE - 21st Day - Top of Page 441

Vickerman, Boudreau, Lourey, Lindner and Cooper introduced:

H. F. No. 1075, A bill for an act relating to adoption; requiring the listing of all children freed for adoption on the state adoption exchange within 20 days; amending Minnesota Statutes 1994, section 259.75, subdivision 2, and by adding a subdivision.

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

Rhodes, Farrell, Entenza, Lourey and Macklin introduced:

H. F. No. 1076, A bill for an act relating to human services; changing absent parent's liability for child support; adding provisions relating to recognition of parentage; adding provisions for administrative proceedings; adding provisions for child support collection; amending Minnesota Statutes 1994, sections 256.87, subdivision 5; 257.34, subdivision 1; 257.67, subdivision 1; 257.75, subdivision 3, and by adding a subdivision; 518.5511, subdivisions 1, 2, 3, 4, 5, 7, and 9; 518.611, subdivision 5; 518.64, by adding a subdivision; and 595.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 257; and 518; repealing Minnesota Statutes 1994, section 518.64, subdivision 6.

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

Greenfield, Cooper, Leppik, Lourey and Huntley introduced:

H. F. No. 1077, A bill for an act relating to health; MinnesotaCare; establishing requirements for integrated service networks; modifying requirements for health plan companies; establishing the standard health coverage; delaying the regulated all-payer option; modifying universal coverage and insurance reform provisions; revising the research and data initiatives; expanding eligibility for the MinnesotaCare program; establishing prescription drug coverage for low-income Medicare beneficiaries; extending the health care commission and regional coordinating boards; making technical changes; reducing tax deductions for the voluntarily insured; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.99, by adding a subdivision; 60A.02, subdivision 1a; 60B.02; 60B.03, subdivision 2; 60G.01, subdivisions 2, 4, and 5; 62A.10, subdivisions 1 and 2; 62A.65, subdivisions 5 and 8; 62D.02, subdivision 8; 62D.042, subdivision 2; 62D.11, subdivision 1; 62E.141; 62H.04; 62H.08; 62J.017; 62J.04, subdivision 3; 62J.05, subdivisions 2 and 9; 62J.06; 62J.09, subdivisions 1, 2, 6, 8, and by adding a subdivision; 62J.17, subdivision 4a; 62J.212; 62J.37; 62J.38; 62J.40; 62J.41, subdivision 1; 62J.48; 62J.55; 62L.02, subdivisions 11, 16, 24, and 26; 62L.03, subdivisions 3, 4, and 5; 62L.09, subdivision 1; 62L.12, subdivision 2; 62N.02, by adding subdivisions; 62N.04; 62N.10, by adding a subdivision; 62N.11, subdivision 1; 62N.13; 62N.14, subdivision 3; 62P.03; 62P.05, by adding a subdivision; 62P.07, subdivision 4; 62P.31; 62Q.01, subdivisions 2, 3, and by adding subdivisions; 62Q.03, subdivisions 1, 6, 7, 8, 9, 10, and by adding subdivisions; 62Q.07, subdivisions 1 and 2; 62Q.09, subdivision 3; 62Q.11, subdivision 2; 62Q.165; 62Q.17, subdivisions 2, 6, 8, and by adding a subdivision; 62Q.18; 62Q.19; 62Q.25; 136A.1355, subdivisions 3 and 5; 136A.1356, subdivisions 3 and 4; 144.1464, subdivisions 2, 3, and 4; 144.147, subdivision 1; 144.1484, subdivision 1; 144.1486, subdivision 4; 144.1489, subdivision 3; 151.48; 214.16, subdivisions 2 and 3; 256.9354, subdivisions 1, 4, 5, and by adding a subdivision; 256.9357, subdivisions 1, 2, and 3; 256.9358, by adding a subdivision; 256B.057, subdivision 3; 270.101, subdivision 1; 290.01, subdivision 19a; 295.50, subdivisions 3, 4, and 10a; 295.53, subdivisions 1, 3, and 4; 295.55, subdivision 4; and 295.57; Laws 1990, chapter 591, article 4, section 9; Laws 1994, chapter 625, article 5, section 10, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 62J; 62L; 62N; 62Q; and 295; repealing Minnesota Statutes 1994, sections 62J.045; 62J.07, subdivision 4; 62J.09, subdivision 1a; 62J.19; 62J.30; 62J.31; 62J.32; 62J.33; 62J.34; 62J.35; 62J.41, subdivisions 3 and 4; 62J.44; 62J.45; 62J.65; 62L.08, subdivision 7a; 62Q.03, subdivisions 2, 3, 4, 5, and 11; 62Q.21; and 62Q.27; Laws 1993, chapter 247, article 1, sections 12, 13, 14, 15, 18, and 19; Minnesota Rules, part 4685.1700, subpart 1, item D.

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

HOUSE ADVISORIES

The following House Advisory was introduced:

Osthoff, Jefferson and Abrams introduced:

H. A. No. 5, A proposal to study election practices.

The advisory was referred to the Committee on General Legislation, Veterans Affairs and Elections.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 442

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 3, 74, 281 and 323.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 3, A bill for an act relating to elections; providing for election judges who are not members of a major political party; amending Minnesota Statutes 1994, sections 204B.21, subdivision 1; 204B.25, subdivision 3; and 204C.15.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

S. F. No. 74, A bill for an act relating to legislative enactments; providing for the correction of miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature; amending Minnesota Statutes 1994, sections 84.911, subdivision 7; 86B.335, subdivision 13; 115B.42, subdivision 1; 260.185, subdivision 6; 325F.692, subdivision 3; 326.71, subdivision 4; and 340A.503, subdivision 1; Laws 1994, chapter 527, section 7.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

S. F. No. 281, A bill for an act relating to metropolitan government; clarifying language and changing obsolete references; amending Minnesota Statutes 1994, sections 275.066; 473.121, subdivision 11; 473.13, subdivisions 1 and 2; 473.164, subdivision 3; 473.375, subdivisions 9 and 13; 473.385, subdivision 2; 473.386, subdivisions 1, 2, and 5; 473.388, subdivision 4; 473.39, subdivision 1b; 473.446, subdivision 8; 473.448; 473.505; 473.595, subdivision 3; and Laws 1994, chapter 628, article 2, section 5; repealing Minnesota Statutes 1994, section 473.394.

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

S. F. No. 323, A bill for an act relating to housing; clarifying provisions relating to retaliatory conduct and manufactured home parks; amending Minnesota Statutes 1994, section 327C.12.

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

CALENDAR

H. F. No. 125, A bill for an act relating to corrections; prohibiting correctional inmates from applying for name changes more than once during an inmate's confinement; proposing coding for new law in Minnesota Statutes, chapter 259.

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


JOURNAL OF THE HOUSE - 21st Day - Top of Page 443

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knight       Ness         Skoglund
Anderson, B. Frerichs     Knoblach     Olson, E.    Smith
Anderson, R. Garcia       Koppendrayer Olson, M.    Solberg
Bakk         Girard       Kraus        Onnen        Sviggum
Bertram      Goodno       Krinkie      Opatz        Swenson, D.
Bettermann   Greenfield   Larsen       Orenstein    Swenson, H.
Bishop       Greiling     Leighton     Orfield      Sykora
Boudreau     Haas         Leppik       Osskopp      Tomassoni
Bradley      Hackbarth    Lieder       Ostrom       Tompkins
Broecker     Harder       Lindner      Otremba      Trimble
Brown        Hasskamp     Long         Ozment       Tuma
Carlson      Hausman      Lourey       Paulsen      Tunheim
Carruthers   Holsten      Luther       Pawlenty     Van Dellen
Clark        Hugoson      Lynch        Pellow       Van Engen
Commers      Huntley      Macklin      Pelowski     Vickerman
Cooper       Jacobs       Mahon        Perlt        Wagenius
Daggett      Jaros        Mares        Peterson     Weaver
Dauner       Jefferson    Mariani      Pugh         Wejcman
Davids       Jennings     Marko        Rest         Wenzel
Dawkins      Johnson, A.  McCollum     Rhodes       Winter
Dehler       Johnson, R.  McElroy      Rice         Wolf
Delmont      Johnson, V.  McGuire      Rostberg     Worke
Dempsey      Kahn         Milbert      Rukavina     Workman
Dorn         Kalis        Molnau       Sarna        Sp.Anderson,I
Entenza      Kelley       Mulder       Schumacher   
Erhardt      Kelso        Munger       Seagren      
Farrell      Kinkel       Murphy       Simoneau     
The bill was passed and its title agreed to.

H. F. No. 305, A bill for an act relating to local government; clarifying provisions for financial audits in certain circumstances; amending Minnesota Statutes 1994, sections 367.36, subdivision 1; 412.02, subdivision 3; and 412.591, 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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knight       Olson, E.    Solberg
Anderson, B. Frerichs     Knoblach     Olson, M.    Sviggum
Anderson, R. Garcia       Koppendrayer Onnen        Swenson, D.
Bakk         Girard       Kraus        Opatz        Swenson, H.
Bertram      Goodno       Krinkie      Orenstein    Sykora
Bettermann   Greenfield   Larsen       Osskopp      Tomassoni
Bishop       Greiling     Leighton     Ostrom       Tompkins
Boudreau     Haas         Leppik       Otremba      Trimble
Bradley      Hackbarth    Lieder       Ozment       Tuma
Broecker     Harder       Lindner      Paulsen      Tunheim
Brown        Hasskamp     Long         Pawlenty     Van Dellen
Carlson      Hausman      Lourey       Pellow       Van Engen
Carruthers   Holsten      Luther       Pelowski     Vickerman
Clark        Hugoson      Lynch        Perlt        Wagenius
Commers      Huntley      Macklin      Peterson     Weaver
Cooper       Jacobs       Mahon        Pugh         Wejcman
Daggett      Jaros        Mares        Rest         Wenzel
Dauner       Jefferson    Marko        Rhodes       Winter
Davids       Jennings     McCollum     Rice         Wolf
Dawkins      Johnson, A.  McElroy      Rostberg     Worke
Dehler       Johnson, R.  McGuire      Rukavina     Workman
Delmont      Johnson, V.  Milbert      Sarna        Sp.Anderson,I
Dempsey      Kahn         Molnau       Schumacher   
Dorn         Kalis        Mulder       Seagren      
Entenza      Kelley       Munger       Simoneau     
Erhardt      Kelso        Murphy       Skoglund     
Farrell      Kinkel       Ness         Smith        
The bill was passed and its title agreed to.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 444

H. F. No. 362, A bill for an act relating to local government; towns; authorizing the town board to set up a petty cash fund; amending Minnesota Statutes 1994, section 366.01, by adding a subdivision.

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

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

Those who voted in the affirmative were:

Abrams       Finseth      Knight       Ness         Skoglund
Anderson, B. Garcia       Knoblach     Olson, E.    Smith
Anderson, R. Girard       Koppendrayer Olson, M.    Solberg
Bakk         Goodno       Kraus        Onnen        Sviggum
Bertram      Greenfield   Krinkie      Opatz        Swenson, D.
Bettermann   Greiling     Larsen       Orenstein    Swenson, H.
Bishop       Haas         Leighton     Osskopp      Sykora
Boudreau     Hackbarth    Leppik       Ostrom       Tomassoni
Bradley      Harder       Lieder       Otremba      Tompkins
Broecker     Hasskamp     Lindner      Ozment       Trimble
Brown        Hausman      Long         Paulsen      Tuma
Carlson      Holsten      Lourey       Pawlenty     Tunheim
Carruthers   Hugoson      Luther       Pellow       Van Dellen
Clark        Huntley      Lynch        Pelowski     Van Engen
Commers      Jacobs       Macklin      Perlt        Vickerman
Cooper       Jaros        Mahon        Peterson     Wagenius
Daggett      Jefferson    Mares        Pugh         Weaver
Davids       Jennings     Marko        Rest         Wejcman
Dawkins      Johnson, A.  McCollum     Rhodes       Wenzel
Dehler       Johnson, R.  McElroy      Rice         Winter
Delmont      Johnson, V.  McGuire      Rostberg     Wolf
Dempsey      Kahn         Milbert      Rukavina     Worke
Dorn         Kalis        Molnau       Sarna        Workman
Entenza      Kelley       Mulder       Schumacher   Sp.Anderson,I
Erhardt      Kelso        Munger       Seagren      
Farrell      Kinkel       Murphy       Simoneau     
The bill was passed and its title agreed to.

H. F. No. 399, A bill for an act relating to the secretary of state; regulating filings and related matters; providing for service of process; amending Minnesota Statutes 1994, sections 5.22, subdivision 1; 48.185, subdivision 7; 79A.06, subdivision 5; 168.27, subdivision 19a; 221.67; 302A.115, subdivision 1; 302A.121, subdivision 1; 302A.701; 302A.901, subdivision 1; 303.03; 303.06, subdivision 1; 303.13, subdivision 1; 303.14, subdivision 3; 308A.121, subdivision 1; 309.56, subdivision 1; 317A.115, subdivision 2; 317A.823, subdivision 1; 317A.901, subdivision 1; 319A.03; 319A.06, subdivision 2; 322A.02; 322A.761; 322B.12, subdivision 1; 322B.80, subdivision 1; 322B.876, subdivision 1; 322B.955; 322B.960, subdivisions 1 and 3; 323.02, by adding a subdivision; 323.44, subdivisions 2, 4, 5, and 6; 323.45, subdivisions 1 and 5; 323.46; 323.47, subdivision 1; 325F.70, subdivision 2; 330.11, subdivision 3; 333.001; 333.01; 333.055, subdivision 4; 333.21, subdivision 1; 336.9-403; 336A.11, subdivision 2; 540.152; and 543.08; proposing coding for new law in Minnesota Statutes, chapters 5; and 323; repealing Minnesota Statutes 1994, sections 302A.901, subdivisions 2, 2a, 3, and 4; 303.13, subdivisions 2, 3, 4, and 5; 317A.901, subdivisions 2, 3, and 4; 322B.876, subdivisions 2, 3, and 4; 322B.901; and 323.47, subdivisions 2, 3, and 4.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knight       Ness         Skoglund
Anderson, B. Frerichs     Knoblach     Olson, E.    Smith
Anderson, R. Garcia       Koppendrayer Olson, M.    Solberg
Bakk         Girard       Kraus        Onnen        Sviggum
Bertram      Goodno       Krinkie      Opatz        Swenson, D.
Bettermann   Greenfield   Larsen       Orenstein    Swenson, H.
Bishop       Greiling     Leighton     Orfield      Sykora
Boudreau     Haas         Leppik       Osskopp      Tomassoni
Bradley      Hackbarth    Lieder       Ostrom       Tompkins
Broecker     Harder       Lindner      Otremba      Trimble
Brown        Hasskamp     Long         Ozment       Tuma
Carlson      Hausman      Lourey       Paulsen      Tunheim
Carruthers   Holsten      Luther       Pawlenty     Van Dellen
Clark        Hugoson      Lynch        Pellow       Van Engen
Commers      Huntley      Macklin      Pelowski     Vickerman
Cooper       Jacobs       Mahon        Perlt        Wagenius

JOURNAL OF THE HOUSE - 21st Day - Top of Page 445
Daggett Jaros Mares Peterson Weaver Dauner Jefferson Mariani Pugh Wejcman Davids Jennings Marko Rest Wenzel Dawkins Johnson, A. McCollum Rhodes Winter Dehler Johnson, R. McElroy Rice Wolf Delmont Johnson, V. McGuire Rostberg Worke Dempsey Kahn Milbert Rukavina Workman Dorn Kalis Molnau Sarna Sp.Anderson,I Entenza Kelley Mulder Schumacher Erhardt Kelso Munger Seagren Farrell Kinkel Murphy Simoneau
The bill was passed and its title agreed to.

H. F. No. 457, A bill for an act relating to commerce; real estate; regulating certain licensees and registrants and recovery fund actions; amending Minnesota Statutes 1994, sections 82.18; 82.19, subdivision 7; 82.195, subdivision 1; 82.20, subdivision 13; 82.34, subdivision 7; 82A.11, subdivision 3; 83.28, subdivision 5; 386.65, subdivision 1; 386.66; 386.67; 386.68; and 386.69.

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 132 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knight       Ness         Skoglund
Anderson, B. Frerichs     Knoblach     Olson, E.    Smith
Anderson, R. Garcia       Koppendrayer Onnen        Solberg
Bakk         Girard       Kraus        Opatz        Sviggum
Bertram      Goodno       Krinkie      Orenstein    Swenson, D.
Bettermann   Greenfield   Larsen       Orfield      Swenson, H.
Bishop       Greiling     Leighton     Osskopp      Sykora
Boudreau     Haas         Leppik       Osthoff      Tomassoni
Bradley      Hackbarth    Lieder       Ostrom       Tompkins
Broecker     Harder       Lindner      Otremba      Trimble
Brown        Hasskamp     Long         Ozment       Tuma
Carlson      Hausman      Lourey       Paulsen      Tunheim
Carruthers   Holsten      Luther       Pawlenty     Van Dellen
Clark        Hugoson      Lynch        Pellow       Van Engen
Commers      Huntley      Macklin      Pelowski     Vickerman
Cooper       Jacobs       Mahon        Perlt        Wagenius
Daggett      Jaros        Mares        Peterson     Weaver
Dauner       Jefferson    Mariani      Pugh         Wejcman
Davids       Jennings     Marko        Rest         Wenzel
Dawkins      Johnson, A.  McCollum     Rhodes       Winter
Dehler       Johnson, R.  McElroy      Rice         Wolf
Delmont      Johnson, V.  McGuire      Rostberg     Worke
Dempsey      Kahn         Milbert      Rukavina     Workman
Dorn         Kalis        Molnau       Sarna        Sp.Anderson,I
Entenza      Kelley       Mulder       Schumacher   
Erhardt      Kelso        Munger       Seagren      
Farrell      Kinkel       Murphy       Simoneau     
Those who voted in the negative were:

Olson, M.                 
The bill was passed and its title agreed to.

H. F. No. 749, A bill for an act relating to housing; modifying eligibility for transitional housing services; amending Minnesota Statutes 1994, section 268.38, 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 123 yeas and 8 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kelso        Munger       Seagren
Anderson, B. Farrell      Kinkel       Murphy       Simoneau
Anderson, R. Finseth      Knoblach     Ness         Skoglund
Bakk         Frerichs     Koppendrayer Olson, E.    Smith
Bertram      Garcia       Kraus        Onnen        Solberg
Bettermann   Greenfield   Krinkie      Opatz        Sviggum
Bishop       Greiling     Larsen       Orenstein    Swenson, D.
Boudreau     Haas         Leighton     Orfield      Swenson, H.
Bradley      Hackbarth    Leppik       Osthoff      Sykora
Broecker     Harder       Lieder       Ostrom       Tomassoni
Brown        Hasskamp     Lindner      Otremba      Tompkins
Carlson      Hausman      Long         Ozment       Trimble
Carruthers   Holsten      Lourey       Paulsen      Tuma
Clark        Hugoson      Luther       Pellow       Tunheim
Commers      Huntley      Macklin      Pelowski     Van Dellen
Cooper       Jacobs       Mahon        Perlt        Vickerman
Daggett      Jaros        Mares        Peterson     Wagenius
Dauner       Jefferson    Mariani      Pugh         Weaver
Davids       Jennings     Marko        Rest         Wejcman
Dawkins      Johnson, A.  McCollum     Rhodes       Wenzel
Dehler       Johnson, R.  McElroy      Rice         Winter

JOURNAL OF THE HOUSE - 21st Day - Top of Page 446
Delmont Johnson, V. McGuire Rostberg Wolf Dempsey Kahn Milbert Rukavina Sp.Anderson,I Dorn Kalis Molnau Sarna Entenza Kelley Mulder Schumacher
Those who voted in the negative were:

Girard       Knight       Olson, M.    Van Engen    
Goodno       Lynch        Osskopp      Worke        
The bill was passed and its title agreed to.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 5.

H. F. No. 5 was reported to the House.

Solberg moved to amend H. F. No. 5, the second engrossment, as follows:

Page 42, after line 12, insert:

"Sec. 29. [256B.0634][COPAYMENTS; PHYSICIAN AND DENTIST SERVICES.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section and section 256B.0635, the following definitions apply.

(b) "Dental service" means a diagnostic, preventative or corrective procedure furnished by or under the supervision of a dentist.

(c) "Emergency services" means services provided in a hospital that is equipped to furnish the required care, after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) that the absence of immediate medical attention could reasonably be expected to result in:

(1) placing the patient's health in serious jeopardy;

(2) serious impairment to bodily functions; or

(3) serious dysfunction of any bodily organ or part.

(d) "Family planning service" and "family planning supply" has the meaning given in Minnesota Rules part 9505.0280, subpart 1.

(e) "Physician service" means a medically necessary health service provided by or under the supervision of a physician.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 447

Subd. 2. [COPAYMENT.] (a) Except as provided in paragraph (b), recipients receiving physician services or dental services shall be assessed a $5 copayment. The commissioner shall reduce medical assistance reimbursement for physician and dental services by the amount of the copayment required to be assessed.

(b) Recipients who are children, pregnant women, institutionalized, or enrolled in a managed care plan shall not be assessed copayments. No copayment shall be assessed for emergency services or family planning services or supplies.

Subd. 3. [FEDERAL WAIVER.] The commissioner shall seek a waiver from the federal Health Care Financing Administration of the federal regulation that copayments be nominal in order to implement this section. The commissioner shall notify the chairs of the human services committees of the senate and house of representatives when the waiver authorized by this section is received. This waiver shall not be implemented until approved by the legislature.

Sec. 30. [256B.0635][NONEMERGENCY SERVICES PROVIDED IN EMERGENCY ROOMS.]

Subdivision 1. [COPAYMENT ASSESSED.] (a) Except as provided in paragraph (b), hospitals licensed under sections 144.50 to 144.56, shall assess recipients copayments of double the copayment amounts determined under Code of Federal Regulations, title 42, section 447.54, paragraph (a)(3), for nonemergency services provided in a hospital emergency room. The commissioner shall reduce medical assistance reimbursement for nonemergency services provided in a hospital emergency room by the amount of the copayment required to be assessed.

(b) Recipients who are children, pregnant women or institutionalized shall not be assessed copayments.

Subd. 2. [FEDERAL WAIVER.] The commissioner shall seek a waiver from the federal Health Care Financing Administration that would allow double the nominal copayment amounts allowed under Code of Federal Regulations, title 42, section 447.54, paragraph (a)(3) to be charged for nonemergency service provided in a hospital emergency room. The commissioner shall notify the chairs of the human services committees of the senate and house of representatives when the waiver authorized by this section is received. This waiver shall not be implemented until approved by the legislature."

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Solberg amendment and the roll was called. There were 114 yeas and 18 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, E.    Skoglund
Anderson, B. Frerichs     Kraus        Olson, M.    Smith
Anderson, R. Garcia       Krinkie      Onnen        Solberg
Bakk         Girard       Larsen       Opatz        Sviggum
Bertram      Goodno       Leppik       Orenstein    Swenson, H.
Bettermann   Greiling     Lieder       Orfield      Sykora
Bishop       Haas         Lindner      Osskopp      Tomassoni
Boudreau     Hackbarth    Long         Osthoff      Tompkins
Bradley      Harder       Luther       Ostrom       Trimble
Broecker     Hasskamp     Lynch        Otremba      Tuma
Brown        Holsten      Macklin      Ozment       Tunheim
Carlson      Hugoson      Mares        Paulsen      Van Dellen
Carruthers   Jacobs       Mariani      Pawlenty     Van Engen
Commers      Jefferson    Marko        Pellow       Vickerman
Cooper       Jennings     McCollum     Pelowski     Wagenius
Daggett      Johnson, A.  McElroy      Perlt        Weaver
Dauner       Johnson, R.  McGuire      Peterson     Wenzel
Davids       Johnson, V.  Milbert      Pugh         Winter
Dehler       Kalis        Molnau       Rest         Wolf
Dempsey      Kelley       Mulder       Rhodes       Worke
Dorn         Kinkel       Munger       Rostberg     Workman
Erhardt      Knight       Murphy       Schumacher   Sp.Anderson,I
Farrell      Knoblach     Ness         Seagren      

JOURNAL OF THE HOUSE - 21st Day - Top of Page 448
Those who voted in the negative were:

Clark        Hausman      Kelso        Rice         Swenson, D.
Dawkins      Huntley      Leighton     Rukavina     Wejcman 
Entenza      Jaros        Lourey       Sarna        
Greenfield   Kahn         Mahon        Simoneau     
The motion prevailed and the amendment was adopted.

Rest and Abrams moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 55, line 23, delete "demographic"

Page 55, line 28, delete "and"

Page 55, line 29, before the semicolon insert ", and, if the required federal waiver or waivers are granted, the federal earned income tax credit under section 32 of the Internal Revenue Code"

Pages 57 to 60, delete section 2

Page 60, lines 24 to 25, delete "monetary supplements" and insert "tax credits"

Page 60, line 25, delete "families" and insert "taxpayers eligible to participate in the pilot program"

Page 60, line 26, delete "federal earned income tax credit,"

Page 60, line 28, delete "and"

Page 60, line 28, before the period insert ", and, if the required federal waiver or waivers are granted, the federal earned income tax credit under section 32 of the Internal Revenue Code"

Page 60, line 30, delete "recommendations" and insert "plan"

Page 60, line 30, after "implementation" insert "of the pilot program"

Page 60, line 32, before the period insert "and shall report the findings of the pilot program to the chairs of the human services policy and funding committees, and the chairs of the tax committees of the legislature by March 1, 1997"

Page 60, line 33, before "EARLY" insert "PILOT PROGRAM:"

Page 60, line 35, after "may" insert "implement a pilot program"

Page 60, line 35, delete "with" and insert "in"

Page 60, line 36, before "refund" insert "to"

Page 60, line 36, and page 61, line 1, delete "taxpayers selected by the commissioner of human services" and insert "persons eligible for the AFDC program under Minnesota Statutes, sections 256.72 to 256.87, MFIP under Minnesota Statutes, sections 256.031 to 256.0361, or persons eligible for the GA program under Minnesota Statutes, sections 256D.01 to 256D.16 as a family assistance unit."

Page 61, line 1, after "on" insert "50 percent of"

Page 61, line 3, after "290A.04," insert "and, if the required federal waiver or waivers are granted, section 32 of the Internal Revenue Code,"

Page 61, line 5, after the period insert "The commissioner of revenue shall use information provided by the commissioner of human services and department of revenue data to estimate the credits and tax for participating taxpayers. Taxpayers eligible for the pilot program must complete a form prepared and distributed by the


JOURNAL OF THE HOUSE - 21st Day - Top of Page 449

commissioner of revenue to participate. The form must request information necessary for administering the program, and must include a statement that the commissioners of human services and revenue will share data relating to program participants as necessary for program administration."

Page 61, line 8, before the period insert ", except that the commissioner of revenue must abate any interest and penalties generated by the failure to timely repay any overpaid credits"

Page 61, line 11, delete "human services" and insert "revenue"

Renumber the sections in this article

Correct internal references

The motion prevailed and the amendment was adopted.

Goodno and Sviggum moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Pages 3 and 4, delete section 2

Pages 46 and 47, delete sections 36 and 37

Page 51, delete lines 1 to 17

Page 51, delete lines 23 to 36

Page 52, delete lines 1 to 8

Renumber subdivisions in Section 40

Page 52, delete lines 23 to 27 and insert:

"Subd. 6. [EXTENDED CHILD CARE.] $2,500,000 is appropriated for the basic sliding fee program for child care assistance to former AFDC families who have completed the transition year and are on the basic sliding fee waiting list. The money is to be distributed to counties in proportion to the number of transition year families on the basic sliding fee waiting list in each county as reported to the commissioner on December 31, 1994."

Page 52, delete line 36

Page 53, delete lines 1 to 16

Page 98, line 20, delete everything after "RAMSEY" and insert "COUNTY"

Page 98, line 21, delete "AND AITKIN COUNTIES"

Page 99, line 22, delete the comma

Page 99, line 23, delete "Aitkin, and Nobles counties" and insert "county"

Page 110, line 15, delete ", Aitkin, and Nobles counties" and insert "county"

Page 110, line 22, delete the comma

Page 110, line 23, delete "Aitkin, and Nobles counties" and insert "county"

Page 110, delete lines 34 to 36

Page 111, delete lines 1 to 3


JOURNAL OF THE HOUSE - 21st Day - Top of Page 450

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Goodno and Sviggum amendment and the roll was called. There were 40 yeas and 92 nays as follows:

Those who voted in the affirmative were:

Abrams       Dehler       Hugoson      McElroy      Sviggum
Anderson, B. Erhardt      Johnson, V.  Olson, M.    Sykora
Bettermann   Finseth      Knight       Onnen        Tuma
Bishop       Girard       Koppendrayer Osskopp      Van Dellen
Bradley      Goodno       Kraus        Ozment       Weaver
Broecker     Hackbarth    Krinkie      Paulsen      Wolf
Commers      Harder       Lindner      Pellow       Worke
Davids       Holsten      Lynch        Seagren      Workman 
Those who voted in the negative were:

Anderson, R. Greenfield   Leighton     Olson, E.    Simoneau
Bakk         Greiling     Leppik       Opatz        Skoglund
Bertram      Haas         Lieder       Orenstein    Smith
Boudreau     Hasskamp     Long         Orfield      Solberg
Brown        Hausman      Lourey       Osthoff      Swenson, D.
Carlson      Huntley      Luther       Ostrom       Swenson, H.
Carruthers   Jacobs       Macklin      Otremba      Tomassoni
Clark        Jaros        Mahon        Pawlenty     Trimble
Cooper       Jefferson    Mares        Pelowski     Tunheim
Daggett      Jennings     Mariani      Perlt        Van Engen
Dauner       Johnson, A.  Marko        Peterson     Vickerman
Dawkins      Johnson, R.  McCollum     Pugh         Wagenius
Delmont      Kahn         McGuire      Rest         Wejcman
Dempsey      Kalis        Milbert      Rhodes       Wenzel
Dorn         Kelley       Molnau       Rice         Winter
Entenza      Kelso        Mulder       Rostberg     Sp.Anderson,I
Farrell      Kinkel       Munger       Rukavina     
Frerichs     Knoblach     Murphy       Sarna        
Garcia       Larsen       Ness         Schumacher   
The motion did not prevail and the amendment was not adopted.

Worke and Bettermann moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 14, after line 24, insert:

"(d) Individuals enrolling in the STRIDE program under this subdivision after the effective date of this section are limited to 24 months of participation in the program."

Page 14, line 25, delete "(d)" and insert "(e)"

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Worke and Bettermann amendment and the roll was called. There were 60 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams       Dorn         Knoblach     Onnen        Tompkins
Anderson, B. Erhardt      Koppendrayer Opatz        Tuma
Bettermann   Finseth      Kraus        Osskopp      Van Dellen
Bishop       Frerichs     Krinkie      Paulsen      Van Engen
Boudreau     Girard       Larsen       Pawlenty     Vickerman
Bradley      Goodno       Lindner      Pellow       Weaver
Broecker     Haas         Mares        Pelowski     Worke
Commers      Harder       Marko        Rostberg     Workman

JOURNAL OF THE HOUSE - 21st Day - Top of Page 451
Daggett Holsten McCollum Schumacher Dauner Hugoson McElroy Seagren Davids Johnson, V. Molnau Sviggum Dehler Kinkel Mulder Swenson, H. Dempsey Knight Olson, M. Sykora
Those who voted in the negative were:

Anderson, R. Hackbarth    Leppik       Orenstein    Skoglund
Bakk         Hasskamp     Lieder       Orfield      Smith
Bertram      Hausman      Long         Osthoff      Solberg
Brown        Huntley      Lourey       Ostrom       Swenson, D.
Carlson      Jacobs       Luther       Otremba      Tomassoni
Carruthers   Jaros        Lynch        Ozment       Trimble
Clark        Jefferson    Macklin      Perlt        Tunheim
Cooper       Jennings     Mahon        Peterson     Wagenius
Dawkins      Johnson, A.  Mariani      Pugh         Wejcman
Delmont      Johnson, R.  McGuire      Rest         Wenzel
Entenza      Kahn         Milbert      Rhodes       Winter
Farrell      Kalis        Munger       Rice         Wolf
Garcia       Kelley       Murphy       Rukavina     Sp.Anderson,I
Greenfield   Kelso        Ness         Sarna        
Greiling     Leighton     Olson, E.    Simoneau     
The motion did not prevail and the amendment was not adopted.

Dawkins and Anderson, R., moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 3, line 32, after the period, insert "As part of this outreach program, the commissioner shall encourage eligible recipients in the use of food stamps at food cooperatives."

The motion prevailed and the amendment was adopted.

Krinkie, Tompkins and Van Engen moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 42, after line 12, insert:

"Sec. 29. [256D.045][SOCIAL SECURITY NUMBER REQUIRED.]

To be eligible for assistance under sections 256D.01 to 256D.21, an individual must provide the individual's social security number to the county agency. The provisions of this section do not apply to the determination of eligiblity for emergency general assistance under section 256D.06, subdivision 2."

Renumber the sections in sequence

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie et al amendment and the roll was called. There were 117 yeas and 16 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Larsen       Orenstein    Solberg
Anderson, B. Frerichs     Leppik       Orfield      Sviggum
Anderson, R. Girard       Lieder       Osskopp      Swenson, D.
Bakk         Goodno       Lindner      Osthoff      Swenson, H.
Bertram      Haas         Long         Ostrom       Sykora
Bettermann   Hackbarth    Luther       Otremba      Tomassoni
Bishop       Harder       Lynch        Ozment       Tompkins
Boudreau     Hasskamp     Macklin      Paulsen      Trimble
Bradley      Holsten      Mahon        Pawlenty     Tuma
Broecker     Hugoson      Mares        Pellow       Tunheim
Brown        Jacobs       Marko        Pelowski     Van Dellen
Carlson      Jefferson    McCollum     Perlt        Van Engen
Carruthers   Jennings     McElroy      Peterson     Vickerman
Commers      Johnson, A.  McGuire      Pugh         Wagenius
Cooper       Johnson, R.  Milbert      Rest         Weaver
Daggett      Johnson, V.  Molnau       Rhodes       Wenzel
Dauner       Kalis        Mulder       Rostberg     Winter
Davids       Kelso        Munger       Rukavina     Wolf

JOURNAL OF THE HOUSE - 21st Day - Top of Page 452
Dehler Kinkel Murphy Sarna Worke Delmont Knight Ness Schumacher Workman Dempsey Knoblach Olson, E. Seagren Sp.Anderson,I Dorn Koppendrayer Olson, M. Simoneau Erhardt Kraus Onnen Skoglund Farrell Krinkie Opatz Smith
Those who voted in the negative were:

Clark        Greenfield   Jaros        Lourey       
Dawkins      Greiling     Kahn         Mariani      
Entenza      Hausman      Kelley       Rice         
Garcia       Huntley      Leighton     Wejcman      
The motion prevailed and the amendment was adopted.

Paulsen moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 10, delete lines 26 to 36

Page 11, delete lines 1 to 17

Page 50, after line 29, insert:

"Subd. 9. [CAP ON AFDC BENEFITS.] The commissioner shall seek a waiver to allow the state to impose a cap on AFDC benefits. Under this waiver, the AFDC grant is not increased when a child is born at least ten months after the date the recipient begins receiving assistance. This waiver discourages recipients of AFDC from having more children while receiving public assistance."

Renumber the subdivisions in section 39

Renumber the sections in this article

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Paulsen amendment and the roll was called. There were 60 yeas and 72 nays as follows:

Those who voted in the affirmative were:

Abrams       Haas         Krinkie      Pawlenty     Van Dellen
Anderson, R. Hackbarth    Leppik       Pellow       Van Engen
Bettermann   Holsten      Lindner      Pelowski     Vickerman
Carruthers   Hugoson      Macklin      Peterson     Weaver
Commers      Jennings     Mares        Rostberg     Winter
Daggett      Johnson, R.  McElroy      Schumacher   Wolf
Davids       Johnson, V.  McGuire      Seagren      Worke
Dehler       Kelso        Milbert      Skoglund     Workman 
Erhardt      Kinkel       Molnau       Smith        
Finseth      Knight       Mulder       Sviggum      
Frerichs     Knoblach     Ness         Swenson, D.  
Girard       Koppendrayer Opatz        Swenson, H.  
Goodno       Kraus        Paulsen      Sykora       

JOURNAL OF THE HOUSE - 21st Day - Top of Page 453
Those who voted in the negative were:

Anderson, B. Dorn         Kalis        Olson, M.    Sarna
Bakk         Entenza      Kelley       Onnen        Simoneau
Bertram      Farrell      Larsen       Orenstein    Solberg
Bishop       Garcia       Leighton     Orfield      Tomassoni
Boudreau     Greenfield   Lieder       Osskopp      Tompkins
Bradley      Greiling     Long         Osthoff      Trimble
Broecker     Harder       Lourey       Ostrom       Tuma
Brown        Hasskamp     Luther       Otremba      Tunheim
Carlson      Hausman      Lynch        Ozment       Wagenius
Clark        Huntley      Mahon        Perlt        Wejcman
Cooper       Jacobs       Mariani      Pugh         Wenzel
Dauner       Jaros        Marko        Rest         Sp.Anderson,I
Dawkins      Jefferson    McCollum     Rhodes       
Delmont      Johnson, A.  Murphy       Rice         
Dempsey      Kahn         Olson, E.    Rukavina     
The motion did not prevail and the amendment was not adopted.

Van Dellen moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 50, after line 29, insert:

"Subd. 9. [TIME LIMIT ON AFDC BENEFITS.] (a) The commissioner of human services shall seek a waiver of the requirements of the program of aid to families with dependent children, in order to limit the time that an AFDC household can continue to receive assistance. This time limitation shall become effective on the first day of the first month after receipt of federal approval. All families receiving AFDC benefits on that date may continue to receive benefits for no more than 24 additional consecutive months. All households that become eligible on or after that date may receive benefits for no more than 24 months out of a 48-month period. Households who lose eligibility for benefits because of the time limits imposed under this waiver are eligible to apply after 36 months have elapsed since losing eligibility due to the time limits for an additional 24 months of benefits out of another 48-month period. Recipients that lose eligibility due to the time limits, but who otherwise would be eligible for medical assistance, must be provided continuing categorical eligibility for medical assistance during the 36-month period. The 36-month period begins to run on the first day of the month subsequent to the month in which the household lost benefits due to the time limit. After receiving federal approval for the waiver, and after its implementation under subdivision 12, the commissioner of finance, with the assistance of the commissioner of human services, must estimate the savings resulting from implementation of the waiver request by January 1, 1998, and by each January 1 thereafter, and must transfer this amount to an account in the general fund to be known as the "welfare dependency education account." Money in this account shall not cancel and shall be appropriated by the legislature for education purposes.

(b) The waiver request must provide that for each month that each person in the assistance household meets at least one of the following conditions, the household may receive an additional month of benefit payments and a one-month extension to the household's 24-month benefit period:

(1) the person receives a supplemental security income payment;

(2) the person is the head of the household, is not a legally responsible relative of a dependent child in the household, and is not included in determining the amount of the household's benefit;

(3) the person is under 18 years of age;

(4) the person is incapacitated or is needed in the home to care for another member of the household who is incapacitated;

(5) the person is needed in the home to care for a child who is under the age of three;

(6) the person requires child care assistance in order to participate in the STRIDE program, is subject to the employment and training requirements of the STRIDE program, and child care assistance is not available to the person for at least the number of hours specified in the person's employability plan; or

(7) the county agency determines, in accordance with rules promulgated by the commissioner, that unusual circumstances exist that warrant an additional month of benefit payments and an extension of the benefit period."


JOURNAL OF THE HOUSE - 21st Day - Top of Page 454

Renumber the subdivisions in section 39

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Van Dellen amendment and the roll was called. There were 74 yeas and 57 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Ness         Smith
Anderson, B. Finseth      Kraus        Olson, M.    Sviggum
Anderson, R. Frerichs     Krinkie      Onnen        Swenson, D.
Bertram      Girard       Larsen       Opatz        Swenson, H.
Bettermann   Haas         Leppik       Osskopp      Sykora
Bishop       Hackbarth    Lindner      Ozment       Tuma
Bradley      Harder       Luther       Paulsen      Van Dellen
Broecker     Holsten      Lynch        Pawlenty     Van Engen
Carruthers   Hugoson      Macklin      Pellow       Vickerman
Commers      Jennings     Mares        Pelowski     Weaver
Cooper       Johnson, R.  McElroy      Perlt        Winter
Daggett      Johnson, V.  McGuire      Rest         Wolf
Davids       Kelso        Milbert      Rhodes       Worke
Dehler       Kinkel       Molnau       Rostberg     Workman 
Dempsey      Knight       Mulder       Seagren      
Those who voted in the negative were:

Bakk         Goodno       Knoblach     Orenstein    Solberg
Boudreau     Greenfield   Leighton     Orfield      Tomassoni
Brown        Greiling     Lieder       Osthoff      Tompkins
Carlson      Hausman      Long         Ostrom       Trimble
Clark        Huntley      Lourey       Otremba      Tunheim
Dauner       Jacobs       Mahon        Peterson     Wagenius
Dawkins      Jaros        Mariani      Pugh         Wejcman
Delmont      Jefferson    Marko        Rice         Wenzel
Dorn         Johnson, A.  McCollum     Rukavina     Sp.Anderson,I
Entenza      Kahn         Munger       Sarna        
Farrell      Kalis        Murphy       Simoneau     
Garcia       Kelley       Olson, E.    Skoglund     
The motion prevailed and the amendment was adopted.

Boudreau; Harder; Dempsey; McElroy; Daggett; Swenson, H.; Bradley; Dehler; Sviggum; Bettermann; Hackbarth; Knoblach; Anderson, B.; Finseth; Larsen; Lynch; Goodno; Leppik; Haas and Broecker moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 42, after line 12, insert:

"Sec. 29. Minnesota Statutes 1994, section 256D.03, subdivision 4, is amended to read:

Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) For a person who is eligible under subdivision 3, paragraph (a), clause (3), general assistance medical care covers, except as provided in paragraph (c):

(1) inpatient hospital services;

(2) outpatient hospital services;

(3) services provided by Medicare certified rehabilitation agencies;

(4) prescription drugs and other products recommended through the process established in section 256B.0625, subdivision 13;

(5) equipment necessary to administer insulin and diagnostic supplies and equipment for diabetics to monitor blood sugar level;


JOURNAL OF THE HOUSE - 21st Day - Top of Page 455

(6) eyeglasses and eye examinations provided by a physician or optometrist;

(7) hearing aids;

(8) prosthetic devices;

(9) laboratory and X-ray services;

(10) physician's services;

(11) medical transportation;

(12) chiropractic services as covered under the medical assistance program;

(13) podiatric services;

(14) dental services;

(15) outpatient services provided by a mental health center or clinic that is under contract with the county board and is established under section 245.62;

(16) day treatment services for mental illness provided under contract with the county board;

(17) prescribed medications for persons who have been diagnosed as mentally ill as necessary to prevent more restrictive institutionalization;

(18) case management services for a person with serious and persistent mental illness who would be eligible for medical assistance except that the person resides in an institution for mental diseases;

(19) psychological services, medical supplies and equipment, and Medicare premiums, coinsurance and deductible payments;

(20) medical equipment not specifically listed in this paragraph when the use of the equipment will prevent the need for costlier services that are reimbursable under this subdivision; and

(21) services performed by a certified pediatric nurse practitioner, a certified family nurse practitioner, a certified adult nurse practitioner, a certified obstetric/gynecological nurse practitioner, or a certified geriatric nurse practitioner in independent practice, if the services are otherwise covered under this chapter as a physician service, and if the service is within the scope of practice of the nurse practitioner's license as a registered nurse, as defined in section 148.171.

(b) Except as provided in paragraph (c), for a recipient who is eligible under subdivision 3, paragraph (a), clause (1) or (2), general assistance medical care covers the services listed in paragraph (a) with the exception of special transportation services.

(c) Gender reassignment surgery and related services are not covered services under this subdivision.

(d) In order to contain costs, the commissioner of human services shall select vendors of medical care who can provide the most economical care consistent with high medical standards and shall where possible contract with organizations on a prepaid capitation basis to provide these services. The commissioner shall consider proposals by counties and vendors for prepaid health plans, competitive bidding programs, block grants, or other vendor payment mechanisms designed to provide services in an economical manner or to control utilization, with safeguards to ensure that necessary services are provided. Before implementing prepaid programs in counties with a county operated or affiliated public teaching hospital or a hospital or clinic operated by the University of Minnesota, the commissioner shall consider the risks the prepaid program creates for the hospital and allow the county or hospital the opportunity to participate in the program in a manner that reflects the risk of adverse selection and the nature of the patients served by the hospital, provided the terms of participation in the program are competitive with the terms of other participants considering the nature of the population served. Payment for services provided pursuant to this subdivision shall be as provided to medical assistance vendors of these services under sections 256B.02, subdivision 8, and 256B.0625. For payments made during fiscal year 1990 and later years, the commissioner shall consult with an independent actuary in establishing prepayment rates, but shall retain final control over the rate methodology.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 456

(d) (e) The commissioner of human services may reduce payments provided under sections 256D.01 to 256D.21 and 261.23 in order to remain within the amount appropriated for general assistance medical care, within the following restrictions.

For the period July 1, 1985 to December 31, 1985, reductions below the cost per service unit allowable under section 256.966, are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 30 percent; payments for all other inpatient hospital care may be reduced no more than 20 percent. Reductions below the payments allowable under general assistance medical care for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than ten percent.

For the period January 1, 1986 to December 31, 1986, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 20 percent; payments for all other inpatient hospital care may be reduced no more than 15 percent. Reductions below the payments allowable under general assistance medical care for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.

For the period January 1, 1987 to June 30, 1987, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may be reduced no more than ten percent. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.

For the period July 1, 1987 to June 30, 1988, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may be reduced no more than five percent. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.

For the period July 1, 1988 to June 30, 1989, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may not be reduced. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.

There shall be no copayment required of any recipient of benefits for any services provided under this subdivision. A hospital receiving a reduced payment as a result of this section may apply the unpaid balance toward satisfaction of the hospital's bad debts.

(e) (f) Any county may, from its own resources, provide medical payments for which state payments are not made.

(f) (g) Chemical dependency services that are reimbursed under chapter 254B must not be reimbursed under general assistance medical care.

(g) (h) The maximum payment for new vendors enrolled in the general assistance medical care program after the base year shall be determined from the average usual and customary charge of the same vendor type enrolled in the base year.

(h) (i) The conditions of payment for services under this subdivision are the same as the conditions specified in rules adopted under chapter 256B governing the medical assistance program, unless otherwise provided by statute or rule."

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 457

The question was taken on the Boudreau et al amendment and the roll was called. There were 112 yeas and 20 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Koppendrayer Olson, M.    Smith
Anderson, B. Finseth      Kraus        Onnen        Solberg
Anderson, R. Frerichs     Krinkie      Opatz        Sviggum
Bakk         Garcia       Larsen       Orenstein    Swenson, D.
Bertram      Girard       Leighton     Osskopp      Swenson, H.
Bettermann   Goodno       Leppik       Osthoff      Sykora
Bishop       Haas         Lieder       Ostrom       Tomassoni
Boudreau     Hackbarth    Lindner      Otremba      Tompkins
Bradley      Harder       Luther       Ozment       Tuma
Broecker     Hasskamp     Lynch        Paulsen      Tunheim
Brown        Holsten      Macklin      Pawlenty     Van Dellen
Carlson      Hugoson      Mahon        Pellow       Van Engen
Carruthers   Jacobs       Mares        Pelowski     Vickerman
Commers      Jefferson    Marko        Perlt        Weaver
Cooper       Jennings     McCollum     Peterson     Wenzel
Daggett      Johnson, A.  McElroy      Pugh         Winter
Dauner       Johnson, R.  McGuire      Rest         Wolf
Davids       Johnson, V.  Milbert      Rhodes       Worke
Dehler       Kalis        Molnau       Rostberg     Workman
Delmont      Kelso        Mulder       Sarna        Sp.Anderson,I
Dempsey      Kinkel       Murphy       Schumacher   
Dorn         Knight       Ness         Seagren      
Erhardt      Knoblach     Olson, E.    Skoglund     
Those who voted in the negative were:

Clark        Greiling     Kahn         Mariani      Rukavina
Dawkins      Hausman      Kelley       Munger       Simoneau
Entenza      Huntley      Long         Orfield      Wagenius
Greenfield   Jaros        Lourey       Rice         Wejcman 
The motion prevailed and the amendment was adopted.

Knight, Bradley, Sviggum, Bettermann, Hackbarth, Knoblach, Lynch, Leppik, McElroy and Anderson, B., moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 50, after line 29, insert:

"Subd. 9. [GRANT AMOUNT WAIVER.] The commissioner of human services shall seek federal waivers as necessary in order to adjust AFDC assistance payment amounts so that, notwithstanding the provisions of Minnesota Statutes, section 256.74, subdivision 1, the amount of assistance granted to an eligible family that has resided in Minnesota for less than twelve months shall be the lesser of the maximum assistance payment that would have been received by that family from the state of immediate prior residence, or the amount calculated in accordance with Minnesota Rules, parts 9500.2440 to 9500.2480."

Renumber the subdivisions in section 39

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Knight et al amendment and the roll was called. There were 101 yeas and 29 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Olson, M.    Smith
Anderson, B. Frerichs     Krinkie      Onnen        Sviggum
Anderson, R. Girard       Larsen       Opatz        Swenson, D.
Bertram      Goodno       Leppik       Osskopp      Swenson, H.
Bettermann   Haas         Lieder       Osthoff      Sykora
Bishop       Hackbarth    Lindner      Otremba      Tompkins
Boudreau     Harder       Long         Ozment       Tuma

JOURNAL OF THE HOUSE - 21st Day - Top of Page 458
Bradley Hasskamp Luther Paulsen Tunheim Broecker Holsten Lynch Pawlenty Van Dellen Brown Hugoson Macklin Pellow Van Engen Carlson Jacobs Mahon Pelowski Vickerman Carruthers Jennings Mares Perlt Weaver Commers Johnson, A. McCollum Peterson Wenzel Cooper Johnson, R. McElroy Pugh Winter Daggett Johnson, V. McGuire Rest Wolf Dauner Kalis Milbert Rhodes Worke Davids Kelso Molnau Rostberg Workman Dehler Kinkel Mulder Sarna Delmont Knight Murphy Schumacher Dempsey Knoblach Ness Seagren Erhardt Koppendrayer Olson, E. Skoglund
Those who voted in the negative were:

Bakk         Garcia       Jefferson    Munger       Tomassoni
Clark        Greenfield   Kahn         Orenstein    Trimble
Dawkins      Greiling     Kelley       Ostrom       Wagenius
Dorn         Hausman      Leighton     Rice         Wejcman
Entenza      Huntley      Lourey       Rukavina     Sp.Anderson,I
Farrell      Jaros        Mariani      Simoneau     
The motion prevailed and the amendment was adopted.

Vickerman, Worke and Swenson, H., moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 98, line 20, delete everything after "RAMSEY" and insert "COUNTY"

Page 98, line 21, delete "AND AITKIN COUNTIES"

Page 99, line 22, delete the comma

Page 99, line 23, delete "Aitkin, and Nobles counties" and insert "county"

Page 110, line 15, delete ", Aitkin, and Nobles counties" and insert "county"

Page 110, line 22, delete the comma

Page 110, line 23, delete "Aitkin, and Nobles counties" and insert "county"

Page 110, delete lines 34 to 36

Page 111, delete lines 1 to 3

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Vickerman et al amendment and the roll was called. There were 62 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Onnen        Sykora
Anderson, B. Frerichs     Krinkie      Osskopp      Tompkins
Bettermann   Girard       Larsen       Paulsen      Tuma
Bishop       Goodno       Leppik       Pawlenty     Van Dellen
Boudreau     Haas         Lindner      Pellow       Van Engen
Bradley      Hackbarth    Lynch        Pelowski     Vickerman
Broecker     Harder       Macklin      Rhodes       Weaver
Commers      Holsten      Mares        Rostberg     Wolf
Daggett      Hugoson      McElroy      Seagren      Worke

JOURNAL OF THE HOUSE - 21st Day - Top of Page 459
Davids Johnson, V. Molnau Smith Workman Dehler Knight Mulder Sviggum Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.
Those who voted in the negative were:

Anderson, R. Greenfield   Kinkel       Opatz        Skoglund
Bakk         Greiling     Leighton     Orenstein    Solberg
Bertram      Hasskamp     Lieder       Orfield      Tomassoni
Brown        Hausman      Long         Osthoff      Trimble
Carlson      Huntley      Lourey       Ostrom       Tunheim
Carruthers   Jacobs       Luther       Otremba      Wagenius
Clark        Jaros        Mahon        Perlt        Wejcman
Cooper       Jefferson    Mariani      Peterson     Wenzel
Dauner       Jennings     Marko        Pugh         Winter
Dawkins      Johnson, A.  McCollum     Rest         Sp.Anderson,I
Delmont      Johnson, R.  McGuire      Rice         
Dorn         Kahn         Milbert      Rukavina     
Entenza      Kalis        Munger       Sarna        
Farrell      Kelley       Murphy       Schumacher   
Garcia       Kelso        Olson, E.    Simoneau     
The motion did not prevail and the amendment was not adopted.

Clark, Dawkins, Wejcman and Garcia moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 97, after line 24, insert:

"Sec. 15. Minnesota Statutes 1994, section 297A.01, subdivision 3, is amended to read:

Subd. 3. A "sale" and a "purchase" includes, but is not limited to, each of the following transactions:

(a) Any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, and the leasing of or the granting of a license to use or consume tangible personal property other than manufactured homes used for residential purposes for a continuous period of 30 days or more, for a consideration in money or by exchange or barter;

(b) The production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing;

(c) The furnishing, preparing, or serving for a consideration of food, meals, or drinks. "Sale" does not include:

(1) meals or drinks served to patients, inmates, or persons residing at hospitals, sanitariums, nursing homes, senior citizens homes, and correctional, detention, and detoxification facilities;

(2) meals or drinks purchased for and served exclusively to individuals who are 60 years of age or over and their spouses or to the handicapped and their spouses by governmental agencies, nonprofit organizations, agencies, or churches or pursuant to any program funded in whole or part through 42 USCA sections 3001 through 3045, wherever delivered, prepared or served; or

(3) meals and lunches served at public and private schools, universities, or colleges. Notwithstanding section 297A.25, subdivision 2, taxable food or meals include, but are not limited to, the following:

(i) heated food or drinks;

(ii) sandwiches prepared by the retailer;

(iii) single sales of prepackaged ice cream or ice milk novelties prepared by the retailer;

(iv) hand-prepared or dispensed ice cream or ice milk products including cones, sundaes, and snow cones;


JOURNAL OF THE HOUSE - 21st Day - Top of Page 460

(v) soft drinks and other beverages prepared or served by the retailer;

(vi) gum;

(vii) ice;

(viii) all food sold in vending machines;

(ix) party trays prepared by the retailers; and

(x) all meals and single servings of packaged snack food, single cans or bottles of pop, sold in restaurants and bars;

(d) The granting of the privilege of admission to places of amusement, recreational areas, or athletic events, except a world championship football game sponsored by the national football league, and the privilege of having access to and the use of amusement devices, tanning facilities, reducing salons, steam baths, turkish baths, health clubs, and spas or athletic facilities;

(e) The furnishing for a consideration of lodging and related services by a hotel, rooming house, tourist court, motel or trailer camp and of the granting of any similar license to use real property other than the renting or leasing thereof for a continuous period of 30 days or more;

(f) The furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state, or local exchange telephone service, intrastate toll service, and interstate toll service, if that service originates from and is charged to a telephone located in this state. Telephone service includes paging services and private communication service, as defined in United States Code, title 26, section 4252(d), except for private communication service purchased by an agent acting on behalf of the state lottery. The furnishing for a consideration of access to telephone services by a hotel to its guests is a sale under this clause. Sales by municipal corporations in a proprietary capacity are included in the provisions of this clause. The furnishing of water and sewer services for residential use shall not be considered a sale. The sale of natural gas to be used as a fuel in vehicles propelled by natural gas shall not be considered a sale for the purposes of this section;

(g) The furnishing for a consideration of cable television services, including charges for basic service, charges for premium service, and any other charges for any other pay-per-view, monthly, or similar television services;

(h) Notwithstanding section 297A.25, subdivisions 9 and 12, the sales of racehorses including claiming sales and fees paid for breeding racehorses or horses previously used for racing shall be considered a "sale" and a "purchase." "Racehorse" means a horse that is or is intended to be used for racing and whose birth has been recorded by the Jockey Club or the United States Trotting Association or the American Quarter Horse Association. "Sale" does not include fees paid for breeding horses that are not racehorses;

(i) The furnishing for a consideration of parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter;

(j) The furnishing for a consideration of services listed in this paragraph:

(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer;

(ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin-operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles;

(iii) building and residential cleaning, maintenance, and disinfecting and exterminating services;

(iv) services provided by detective agencies, security services, burglar, fire alarm, and armored car services not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1;

(v) pet grooming services;


JOURNAL OF THE HOUSE - 21st Day - Top of Page 461

(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; tree, bush, shrub and stump removal; and tree trimming for public utility lines. Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable;

(vii) solid waste collection and disposal services as described in section 297A.45;

(viii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and

(ix) the furnishing for consideration of lodging, board and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services; and

(x) courier services, except air and bicycle courier services.

The services listed in this paragraph are taxable under section 297A.02 if the service is performed wholly within Minnesota or if the service is performed partly within and partly without Minnesota and the greater proportion of the service is performed in Minnesota, based on the cost of performance. In applying the provisions of this chapter, the terms "tangible personal property" and "sales at retail" include taxable services and the provision of taxable services, unless specifically provided otherwise. Services performed by an employee for an employer are not taxable under this paragraph. Services performed by a partnership or association for another partnership or association are not taxable under this paragraph if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity. Services performed between members of an affiliated group of corporations are not taxable. For purposes of this section, "affiliated group of corporations" includes those entities that would be classified as a member of an affiliated group under United States Code, title 26, section 1504, and who are eligible to file a consolidated tax return for federal income tax purposes;

(k) A "sale" and a "purchase" includes the transfer of computer software, meaning information and directions that dictate the function performed by data processing equipment. A "sale" and a "purchase" does not include the design, development, writing, translation, fabrication, lease, or transfer for a consideration of title or possession of a custom computer program; and

(l) The granting of membership in a club, association, or other organization if:

(1) the club, association, or other organization makes available for the use of its members sports and athletic facilities (without regard to whether a separate charge is assessed for use of the facilities); and

(2) use of the sports and athletic facilities is not made available to the general public on the same basis as it is made available to members.

Granting of membership includes both one-time initiation fees and periodic membership dues. Sports and athletic facilities include golf courses, tennis, racquetball, handball and squash courts, basketball and volleyball facilities, running tracks, exercise equipment, swimming pools, and other similar athletic or sports facilities. The provisions of this paragraph do not apply to camps or other recreation facilities owned and operated by an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1992, for educational and social activities for young people primarily age 18 and under.

Sec. 16. [SUNSET WORK READINESS PROVISION.]

Before discontinuing the work readiness program, each county agency must assess all work readiness participants for a determination of their general assistance eligibility.

Sec. 17. [APPROPRIATION.]

$15,200,000 is appropriated to the commissioner of human services for the purposes of providing housing vouchers, in an amount equivalent to 80% of the general assistance grant for a single individual, to the landlords of persons displaced from the work readiness program who otherwise would be homeless.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 462

Sec. 18. [APPROPRIATIONS; TRANSITIONAL HOUSING AND EMERGENCY SHELTER.]

Subd. 4. [TRANSITIONAL HOUSING AND EMERGENCY SHELTER.] (a) $12,000,000 is appropriated from the general fund to the Minnesota housing finance agency to be used for capital costs associated with providing transitional housing and emergency shelter for homeless individuals and families. This appropriation is available for the biennium ending June 30, 1997.

(b) $8,000,000 is appropriated from the general fund to the commissioner of economic security to be used for the operating costs associated with providing transitional housing and emergency shelter for homeless individuals and families. This appropriation is available for the biennium ending June 30, 1997."

Page 98, line 17, after the period insert:

"Section 17 is effective for sales made after June 30, 1995."

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

The question was taken on the Clark et al amendment and the roll was called. There were 14 yeas and 117 nays as follows:

Those who voted in the affirmative were:

Clark        Garcia       Jaros        Munger       Rukavina
Dawkins      Greenfield   Kahn         Osthoff      Wejcman 
Entenza      Hausman      Mariani      Rice         
Those who voted in the negative were:

Abrams       Finseth      Koppendrayer Olson, M.    Smith
Anderson, B. Frerichs     Kraus        Onnen        Solberg
Anderson, R. Girard       Krinkie      Opatz        Sviggum
Bakk         Goodno       Larsen       Orenstein    Swenson, D.
Bertram      Greiling     Leighton     Orfield      Swenson, H.
Bettermann   Haas         Leppik       Osskopp      Sykora
Bishop       Hackbarth    Lieder       Ostrom       Tomassoni
Boudreau     Harder       Lindner      Otremba      Tompkins
Bradley      Hasskamp     Lourey       Ozment       Tuma
Broecker     Holsten      Luther       Paulsen      Tunheim
Brown        Hugoson      Lynch        Pawlenty     Van Dellen
Carlson      Huntley      Macklin      Pellow       Van Engen
Carruthers   Jacobs       Mahon        Pelowski     Vickerman
Commers      Jefferson    Mares        Perlt        Wagenius
Cooper       Jennings     Marko        Peterson     Weaver
Daggett      Johnson, A.  McCollum     Pugh         Wenzel
Dauner       Johnson, R.  McElroy      Rest         Winter
Davids       Johnson, V.  McGuire      Rhodes       Wolf
Dehler       Kalis        Milbert      Rostberg     Worke
Delmont      Kelley       Molnau       Sarna        Workman
Dempsey      Kelso        Mulder       Schumacher   Sp.Anderson,I
Dorn         Kinkel       Murphy       Seagren      
Erhardt      Knight       Ness         Simoneau     
Farrell      Knoblach     Olson, E.    Skoglund     
The motion did not prevail and the amendment was not adopted.

Knoblach; Sviggum; Sykora; Daggett; Bettermann; Anderson, B.; Leppik; Hackbarth; McElroy; Mulder and Swenson, H., moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 43, after line 23, insert:

"Sec. 30. [256D.066] [GENERAL ASSISTANCE AND WORK READINESS PAYMENTS.]

Notwithstanding other provisions of sections 256D.01 to 256D.21, otherwise eligible applicants without children must have resided in this state for at least 60 consecutive days before applying for work readiness or general assistance benefits. This requirement does not apply if the person resides in this state and meets any of the following conditions:


JOURNAL OF THE HOUSE - 21st Day - Top of Page 463

(1) The person was born in this state.

(2) The person has, in the past, resided in this state for at least 365 consecutive days.

(3) The person came to this state to join a close relative who has resided in this state for at least 180 days before the arrival of the person. For purposes of this section, "close relative" means the person's parent, grandparent, brother, sister, spouse or child.

(4) The person came to this state to accept a bona fide offer of employment and the person was eligible to accept the employment.

A county agency may waive this requirement in cases of medical emergency or where unusual misfortune or hardship would result from denial of assistance. All waivers under this section shall be reported to the commissioner in 30 days."

Page 53, line 18, before "Minnesota" insert "Subdivision 1. [REPEALER; OLD WAIVER REQUESTS.]"

Page 53, after line 18, insert:

"Subd. 2. [REPEALER; GENERAL ASSISTANCE FOR NEW RESIDENTS.]

Minnesota Statutes 1994, section 256D.065, is repealed."

Correct internal references

Renumber sections in this article in sequence

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Knoblach et al amendment and the roll was called. There were 107 yeas and 22 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Osskopp      Sviggum
Anderson, B. Frerichs     Larsen       Osthoff      Swenson, D.
Anderson, R. Girard       Leppik       Ostrom       Swenson, H.
Bakk         Goodno       Lindner      Otremba      Sykora
Bertram      Haas         Long         Ozment       Tomassoni
Bettermann   Hackbarth    Luther       Paulsen      Tompkins
Bishop       Harder       Lynch        Pawlenty     Tuma
Boudreau     Hasskamp     Macklin      Pellow       Tunheim
Bradley      Holsten      Mahon        Pelowski     Van Dellen
Brown        Hugoson      Mares        Perlt        Van Engen
Carlson      Jacobs       McCollum     Peterson     Vickerman
Carruthers   Jefferson    McElroy      Pugh         Wagenius
Commers      Jennings     McGuire      Rest         Weaver
Cooper       Johnson, A.  Milbert      Rhodes       Wenzel
Daggett      Johnson, R.  Molnau       Rostberg     Winter
Dauner       Johnson, V.  Mulder       Rukavina     Wolf
Davids       Kalis        Murphy       Sarna        Worke
Dehler       Kinkel       Ness         Schumacher   Workman
Delmont      Knight       Olson, E.    Seagren      Sp.Anderson,I
Dempsey      Knoblach     Olson, M.    Skoglund     
Dorn         Koppendrayer Onnen        Smith        
Erhardt      Kraus        Opatz        Solberg      
Those who voted in the negative were:

Clark        Greiling     Kelley       Marko        Simoneau
Dawkins      Hausman      Leighton     Munger       Wejcman 
Entenza      Huntley      Lieder       Orenstein    
Garcia       Jaros        Lourey       Orfield      
Greenfield   Kahn         Mariani      Rice         
The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 464

Pawlenty; Mares; Paulsen; Sykora; Mulder; Harder; Seagren; Larsen; Knoblach; Anderson, B.; Haas; Dempsey; Broecker; Daggett; Finseth; Lynch and Leppik moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 29, after line 23, insert:

"Sec. 18. [256.7361][BONUS FOR SCHOOL ATTENDANCE.]

Subdivision 1. [WAIVER.] The commissioner of human services in consultation with the commissioner of education shall, through use of all necessary federal waivers, which shall be sought as part of the waiver package authorized by this article, establish a pilot program, in one or more counties to be selected by the commissioner, to provide bonuses and sanctions in accordance with this section, to encourage no more than 100 teenagers randomly selected, who are under the age of 20 and who are receiving AFDC, to receive a high school diploma or equivalency degree.

Subd. 2. [MANDATORY PARTICIPANTS.] The following individuals selected to participate in the pilot program who do not have a high school diploma or an equivalency degree, and are not exempt under subdivision 3, shall be required to participate in the program: (a) teenagers who are receiving assistance as part of an AFDC household; and (b) custodial parents under the age of 20.

Subd. 3. [EXEMPTIONS.] Teenagers are exempt from mandatory participation in the pilot when any of the following circumstances apply:

(1) The teen is pregnant and the pregnancy is in the third month or later;

(2) The teen is the primary caregiver of a child who is less than three months old;

(3) The child care needed by the teen to attend school is not available;

(4) The teen or the teen's child has an illness that is expected to last one month or longer;

(5) In the opinion of the county social worker, there are exceptional circumstances which make participation impossible.

Subd. 4. [ASSESSMENT.] All teens required to participate under subdivision 2 must attend an assessment interview. If the teen misses two scheduled assessments without good reason, the family will lose $65 of their AFDC grant for each month the teen fails to complete the required assessment.

Subd. 5. [SCHOOL ATTENDANCE REQUIRED; BONUS; SANCTION.] (a) All teens participating in the pilot are required to attend a school or education program leading to a high school diploma or equivalent in accordance with a plan developed during the assessment interview.

(b) All teens attending a regular high school or GED program under an education plan are eligible for an additional $65 for every month in which they have two or fewer unexcused absences and no more than four total absences.

(c) If a teen has more than two unexcused absences in a month, the family AFDC grant is reduced by $65.

(d) If a teen has two or fewer unexcused absences but more than four total absences, there is no bonus paid and no sanctions imposed.

Subd. 6. [EXCUSED ABSENCES.] Absence from school is excused in the following circumstances:

(1) the teen or the teen's child was ill, injured or incapacitated.

(2) The teen's normal child care arrangement was unavailable, and no alternative was available.

(3) The teen's normal transportation to school or child care was unavailable and no alternative was available.

(4) The teen or the teen's child had a scheduled or emergency appointment for medical, dental, or vision care.

(5) The teen was needed to care for an ill family member.


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(6) A member of the teen's family died.

(7) The teen had a scheduled or emergency appointment at a court or social services agency.

(8) Other exceptional circumstances.

In addition, absences caused by an illness or injury of the teen or the teen's child are not counted if verified by a physician's statement.

Subd. 7. [SUPPORT SERVICES PROVIDED.] Teens participating in the project are entitled to child care as necessary to attend school. They must also be provided with transportation assistance for this purpose. Each teen shall be assigned to a case manager, who is responsible for helping the teen remove barriers to school attendance."

Renumber the sections in this article in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Pawlenty et al amendment and the roll was called. There were 124 yeas and 8 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, E.    Skoglund
Anderson, B. Frerichs     Krinkie      Olson, M.    Smith
Anderson, R. Garcia       Larsen       Onnen        Solberg
Bakk         Girard       Leighton     Opatz        Sviggum
Bertram      Goodno       Leppik       Orenstein    Swenson, D.
Bettermann   Greiling     Lieder       Orfield      Swenson, H.
Bishop       Haas         Lindner      Osskopp      Sykora
Boudreau     Hackbarth    Long         Ostrom       Tomassoni
Bradley      Harder       Lourey       Otremba      Tompkins
Broecker     Hasskamp     Luther       Ozment       Trimble
Carlson      Holsten      Lynch        Paulsen      Tuma
Carruthers   Hugoson      Macklin      Pawlenty     Tunheim
Clark        Huntley      Mahon        Pellow       Van Dellen
Commers      Jacobs       Mares        Pelowski     Van Engen
Cooper       Jefferson    Mariani      Perlt        Vickerman
Daggett      Jennings     Marko        Peterson     Wagenius
Dauner       Johnson, A.  McCollum     Pugh         Weaver
Davids       Johnson, R.  McElroy      Rest         Wejcman
Dehler       Johnson, V.  McGuire      Rhodes       Wenzel
Delmont      Kalis        Milbert      Rostberg     Winter
Dempsey      Kelley       Molnau       Rukavina     Wolf
Dorn         Kelso        Mulder       Sarna        Worke
Entenza      Kinkel       Munger       Schumacher   Workman
Erhardt      Knight       Murphy       Seagren      Sp.Anderson,I
Farrell      Knoblach     Ness         Simoneau     
Those who voted in the negative were:

Brown        Greenfield   Kahn         Osthoff      
Dawkins      Jaros        Kraus        Rice         
The motion prevailed and the amendment was adopted.

Onnen, Wenzel, Sviggum and Murphy moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 53, after line 29, insert:

"Section 1. [145.4245] [WOMAN'S RIGHT TO KNOW ACT.]

Subdivision 1. [DEFINITIONS.] As used in this act, the following terms have the meaning given:

(a) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 466

(b) "Attempt to perform an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step toward, and more than preparation for, the performance of an abortion in Minnesota in violation of this act.

(c) "Medical emergency" means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(d) "Physician" means a person licensed under chapter 147.

(e) "Probable gestational age of the unborn child" means what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed.

Subd. 2. [INFORMED CONSENT.] No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:

(a) The female is told the following, by telephone or in person, by the physician who is to perform the abortion or by a referring physician, at least 24 hours before the abortion:

(1) the name of the physician who will perform the abortion;

(2) the particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

(3) the probable gestational age of the unborn child at the time the abortion is to be performed; and

(4) the medical risks associated with carrying her child to term.

The information required by this section may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied the physician by the female and whatever other relevant information is reasonably available to the physician. It may not be provided by a tape recording, but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. If a physical examination, tests, or the availability of other information to the physician subsequently indicate, in the medical judgment of the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion. Nothing in this section may be construed to preclude provision of required information in a language understood by the patient through a translator.

(b) The female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by an agent of either physician at least 24 hours before the abortion:

(1) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

(2) that the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and

(3) that she has the right to review the printed materials described in section 145.4246. The physician or the physician's agent shall orally inform the female the materials have been provided by the state of Minnesota and that they describe the unborn child and list agencies which offer alternatives to abortion. If the female chooses to view the materials, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee.

The information required by this section may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials.

(c) The female certifies in writing, prior to the abortion, that the information described in this section has been furnished her, and that she has been informed of her opportunity to review the information referred to in paragraph (b).

(d) Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's agent receives a copy of the written certification prescribed by paragraph (c).


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Sec. 2. [145.4246] [PRINTED INFORMATION.]

Within 90 days after this act is enacted, the department of health shall cause to be published, in English and in each language which is the primary language of two percent or more of the state's population, the following printed materials in such a way as to ensure that the information is easily comprehensible:

(1) geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of the department of health, printed materials including a toll-free, 24-hour a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer; and

(2) materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments, provided that any such pictures or drawings must contain the dimensions of the unborn child and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with each procedure and the medical risks commonly associated with carrying a child to term.

The materials referred to in this section must be printed in a typeface large enough to be clearly legible. The materials required under this section must be available at no cost from the department of health upon request and in appropriate number to any person, facility, or hospital.

Sec. 3. [145.4247] [PROCEDURE IN CASE OF MEDICAL EMERGENCY.]

When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 24-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.

Sec. 4. [145.4248] [REMEDIES.]

Subdivision 1. [CIVIL REMEDIES.] Any person upon whom an abortion has been performed or the parent of a minor upon whom an abortion has been performed may maintain an action against the person who performed the abortion in knowing or reckless violation of this act for actual and punitive damages. Punitive damages may be sought and awarded only as provided under sections 549.191 and 549.20. Any person upon whom an abortion has been attempted without complying with this act may maintain an action against the person who attempted to perform the abortion in knowing or reckless violation of this act for actual and punitive damages. Punitive damages may be sought and awarded only as provided under sections 549.191 and 549.20.

If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. The remedies provided by this subdivision are in addition to any other legal or equitable remedies the aggrieved party may have and are not intended to diminish or substitute for those remedies or to be exclusive.

Subd. 2. [PROTECTION OF PRIVACY IN COURT PROCEEDINGS.] In every civil action brought under this act, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order must be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest,


JOURNAL OF THE HOUSE - 21st Day - Top of Page 468

and why no reasonable less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under section 145.4248, subdivision 1, shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.

Sec. 5. [145.4249] [SEVERABILITY.]

If any provision, word, phrase, or clause of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of this act which can be given effect without the invalid provision, word, phrase, clause, or application and to this end, the provisions, words, phrases, and clauses of this act are declared to be severable."

Page 54, after line 32, insert:

"Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 5 are effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

Carruthers raised a point of order pursuant to rule 3.09 that the Onnen et al amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.

The question recurred on the Onnen et al amendment and the roll was called. There were 58 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Haas         Macklin      Pawlenty     Tompkins
Anderson, R. Hackbarth    Molnau       Pellow       Tuma
Bertram      Harder       Mulder       Pelowski     Tunheim
Boudreau     Hasskamp     Murphy       Peterson     Van Dellen
Bradley      Jacobs       Ness         Rice         Van Engen
Brown        Johnson, V.  Olson, M.    Rostberg     Vickerman
Commers      Kalis        Onnen        Sarna        Wenzel
Cooper       Knight       Opatz        Schumacher   Winter
Daggett      Knoblach     Osskopp      Smith        Worke
Dehler       Koppendrayer Otremba      Sviggum      Sp.Anderson,I
Dempsey      Kraus        Ozment       Swenson, D.  
Finseth      Lindner      Paulsen      Swenson, H.  
Those who voted in the negative were:

Abrams       Frerichs     Kelley       McCollum     Simoneau
Bakk         Garcia       Kelso        McElroy      Skoglund
Bettermann   Girard       Kinkel       McGuire      Solberg
Bishop       Goodno       Krinkie      Milbert      Sykora
Broecker     Greenfield   Larsen       Munger       Tomassoni
Carlson      Greiling     Leighton     Olson, E.    Trimble
Carruthers   Hausman      Leppik       Orenstein    Wagenius
Clark        Holsten      Lieder       Orfield      Weaver
Dauner       Hugoson      Long         Osthoff      Wejcman
Davids       Huntley      Lourey       Ostrom       Wolf
Dawkins      Jaros        Luther       Perlt        Workman 
Delmont      Jefferson    Lynch        Pugh         
Dorn         Jennings     Mahon        Rest         
Entenza      Johnson, A.  Mares        Rhodes       
Erhardt      Johnson, R.  Mariani      Rukavina     
Farrell      Kahn         Marko        Seagren      
The motion did not prevail and the amendment was not adopted.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 469

Olson, M.; McElroy; Sviggum; Lynch; Jennings; Dauner; Otremba and Tuma moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 50, after line 29, insert:

"Subd. 9. [TOTAL HOUSEHOLD INCOME CONSIDERED.] The commissioner of human services shall seek a waiver of the requirements of the program of aid to families with dependent children, to permit the state agency to include all of the income of unrelated adults living in an AFDC household that would be their proportionate share of the household's costs for housing, electricity and heating, when determining a family's eligibility for the program."

Renumber the subdivisions in section 39

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., et al amendment and the roll was called. There were 107 yeas and 24 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Murphy       Seagren
Anderson, B. Farrell      Koppendrayer Ness         Smith
Anderson, R. Finseth      Kraus        Olson, E.    Solberg
Bakk         Frerichs     Krinkie      Olson, M.    Sviggum
Bertram      Garcia       Larsen       Onnen        Swenson, D.
Bettermann   Girard       Leppik       Opatz        Swenson, H.
Bishop       Goodno       Lieder       Orenstein    Sykora
Boudreau     Haas         Lindner      Osskopp      Trimble
Bradley      Hackbarth    Long         Ostrom       Tuma
Broecker     Harder       Luther       Otremba      Tunheim
Brown        Hasskamp     Lynch        Ozment       Van Dellen
Carlson      Holsten      Macklin      Paulsen      Van Engen
Carruthers   Hugoson      Mahon        Pawlenty     Vickerman
Commers      Huntley      Mares        Pellow       Weaver
Cooper       Jacobs       Marko        Pelowski     Wenzel
Daggett      Jennings     McCollum     Peterson     Wolf
Dauner       Johnson, A.  McElroy      Pugh         Worke
Davids       Johnson, R.  McGuire      Rest         Workman
Dehler       Johnson, V.  Milbert      Rhodes       Sp.Anderson,I
Delmont      Kalis        Molnau       Rostberg     
Dempsey      Kinkel       Mulder       Sarna        
Dorn         Knight       Munger       Schumacher   
Those who voted in the negative were:

Clark        Hausman      Leighton     Perlt        Tomassoni
Dawkins      Jaros        Lourey       Rice         Wagenius
Entenza      Jefferson    Mariani      Rukavina     Wejcman
Greenfield   Kahn         Orfield      Simoneau     Winter 
Greiling     Kelley       Osthoff      Skoglund     
The motion prevailed and the amendment was adopted.

Pawlenty moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 43, after line 23, insert:

"Sec. 30. Minnesota Statutes 1994, section 256D.09, subdivision 2a, is amended to read:

Subd. 2a. [REPRESENTATIVE PAYEE VENDOR PAYMENTS FOR DRUG DEPENDENT PERSONS.] Notwithstanding subdivision 1, the commissioner shall adopt rules, and may adopt emergency rules, governing the assignment of a representative payee and management of the general assistance or work readiness assistance grant of a drug dependent person as defined in section 254A.02, subdivision 5. The representative payee is responsible for


JOURNAL OF THE HOUSE - 21st Day - Top of Page 470

deciding how the drug dependent person's benefits can best be used to meet that person's needs. The determination of drug dependency must be made by an assessor qualified under Minnesota Rules, part 9530.6615, subpart 2, to perform an assessment of chemical use. Upon receipt of the assessor's determination of drug dependency, the county shall determine whether a representative payee will be assigned to manage the person's benefits. The chemical use assessment, the decision to refer a person for the assessment, and the county determination of whether a representative payee will be assigned are subject to the administrative and judicial review provisions of section 256.045. However, notwithstanding any provision of section 256.045 to the contrary, an applicant or recipient who is referred for an assessment and is otherwise eligible to receive a general assistance or work readiness benefit, may only be provided with emergency general assistance or vendor payments pending the outcome of an administrative or judicial review. If, at the time of application or at any other time, there is a reasonable basis for questioning whether a person applying for or receiving a financial assistance or work readiness assistance grant is drug dependent, as defined in section 254A.02, subdivision 5, the person may be referred for a chemical health assessment, and only emergency assistance payments or general assistance vendor payments may be provided until the assessment is complete and the results of the assessment made available to the county agency. A reasonable basis for questioning whether a person is drug dependent referring an individual for an assessment exists when:

(1) the person has required detoxification two or more times in the past 12 months;

(2) the person appears intoxicated at the county agency as indicated by two or more of the following:

(i) the odor of alcohol;

(ii) slurred speech;

(iii) disconjugate gaze;

(iv) impaired balance;

(v) difficulty remaining awake;

(vi) consumption of alcohol;

(vii) responding to sights or sounds that are not actually present;

(viii) extreme restlessness, fast speech, or unusual belligerence;

(3) the person has been involuntarily committed for drug dependency at least once in the past 12 months; or

(4) the person has received treatment, including domiciliary care, for drug abuse or dependency at least twice in the past 12 months.

The assignment to representative payee status must be reviewed at least every 12 months. The county agency shall designate the representative payee after consultation with the recipient. The county agency shall select the representative payee from appropriate individuals, or public or nonprofit agencies, including those suggested by the recipient, but the county agency's designation of representative payee prevails, subject to the administrative and judicial review provisions of section 256.045.

The assessment and determination of drug dependency, if any, must be made by an assessor qualified under Minnesota Rules, part 9530.6615, subpart 2 to perform an assessment of chemical use. The county shall only provide emergency general assistance or vendor payments to an otherwise eligible applicant or recipient who is determined to be drug dependent, except up to 15 percent of the grant amount the person would otherwise receive may be paid in cash. Notwithstanding subdivisions 1 and 2, the commissioner of human services shall also require county agencies to provide assistance only in the form of vendor payments to all eligible recipients who assert chemical dependency as a basis for eligibility under section 256D.05, subdivision 1, paragraph (a), clauses (1) and (6).

The determination of drug dependency shall be reviewed at least every 12 months. If the county determines a recipient is no longer drug dependent, the county may cease vendor payments and provide the recipient payments in cash."


JOURNAL OF THE HOUSE - 21st Day - Top of Page 471

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Pawlenty amendment and the roll was called. There were 74 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Ness         Sviggum
Anderson, B. Finseth      Kraus        Olson, M.    Swenson, D.
Bertram      Frerichs     Krinkie      Onnen        Swenson, H.
Bettermann   Girard       Larsen       Osskopp      Sykora
Bishop       Goodno       Leppik       Ozment       Trimble
Boudreau     Haas         Lindner      Paulsen      Tuma
Bradley      Hackbarth    Long         Pawlenty     Van Dellen
Broecker     Harder       Luther       Pellow       Van Engen
Carruthers   Hasskamp     Lynch        Pelowski     Vickerman
Commers      Holsten      Macklin      Peterson     Weaver
Cooper       Hugoson      Mares        Rhodes       Winter
Daggett      Johnson, V.  McElroy      Rostberg     Wolf
Davids       Kelso        Milbert      Seagren      Worke
Dehler       Knight       Molnau       Skoglund     Workman 
Dempsey      Knoblach     Mulder       Smith        
Those who voted in the negative were:

Anderson, R. Greiling     Kinkel       Orenstein    Solberg
Bakk         Hausman      Leighton     Orfield      Tomassoni
Carlson      Huntley      Lieder       Osthoff      Tunheim
Clark        Jacobs       Lourey       Ostrom       Wagenius
Dauner       Jaros        Mahon        Otremba      Wejcman
Dawkins      Jefferson    Mariani      Perlt        Wenzel
Delmont      Jennings     Marko        Pugh         Sp.Anderson,I
Dorn         Johnson, A.  McGuire      Rest         
Entenza      Johnson, R.  Munger       Rukavina     
Farrell      Kahn         Murphy       Sarna        
Garcia       Kalis        Olson, E.    Schumacher   
Greenfield   Kelley       Opatz        Simoneau     
The motion prevailed and the amendment was adopted.

Knight moved to amend H. F. No. 5, the second engrossment, as amended, as follows:

Page 10, after line 25, insert:

"Sec. 9. Minnesota Statutes 1994, section 256.73, is amended by adding a subdivision to read:

Subd. 12. [COOPERATION.] A parent receiving assistance under sections 256.72 to 256.87 must cooperate with the county agency in establishing the identity of the absent parent."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

H. F. No. 5, A bill for an act relating to health and human services; authorizing welfare reform; childhood immunization; social services programs; recovery of funds; requesting federal waivers for programs; employment, education, and training programs; allocation and use of funds; coverage of health services; child support; data collection and disclosure; tax credits; appropriating money; amending Minnesota Statutes 1994, sections 13.46,


JOURNAL OF THE HOUSE - 21st Day - Top of Page 472

subdivision 2; 256.01, subdivision 11, and by adding subdivisions; 256.031, subdivision 3; 256.035, subdivision 6d; 256.73, subdivision 8, and by adding subdivisions; 256.736, subdivisions 3, 3a, 4a, 5, 10, 10a, 16, and by adding a subdivision; 256.737, subdivisions 1a and 2; 256.74, by adding a subdivision; 256.81; 256.87, subdivisions 1, 1a, and 5; 256.979, by adding a subdivision; 256.983, subdivision 1; 256B.0625, subdivision 13; 256D.03, subdivision 4; 256D.05, subdivisions 1 and 6; 256D.051, subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 9, 17, and by adding a subdivision; 256D.052, subdivision 3; 256D.09, subdivision 2a, and by adding subdivisions; and 518.575; proposing coding for new law in Minnesota Statutes, chapters 256; 256B; 256D; and 268; repealing Minnesota Statutes 1994, sections 256.734; 256D.051, subdivisions 10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4; 256D.065; 256D.091; 256D.101; 256D.111; and 256D.113.

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

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 8 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Onnen        Solberg
Anderson, B. Garcia       Larsen       Opatz        Sviggum
Anderson, R. Girard       Leighton     Orenstein    Swenson, D.
Bakk         Goodno       Leppik       Orfield      Swenson, H.
Bertram      Greiling     Lieder       Osskopp      Sykora
Bettermann   Haas         Lindner      Osthoff      Tomassoni
Bishop       Hackbarth    Long         Ostrom       Tompkins
Boudreau     Harder       Lourey       Otremba      Trimble
Bradley      Hasskamp     Luther       Ozment       Tuma
Broecker     Holsten      Lynch        Paulsen      Tunheim
Brown        Hugoson      Macklin      Pawlenty     Van Dellen
Carlson      Huntley      Mahon        Pellow       Van Engen
Carruthers   Jacobs       Mares        Pelowski     Vickerman
Commers      Jefferson    Mariani      Perlt        Wagenius
Cooper       Jennings     Marko        Peterson     Weaver
Daggett      Johnson, A.  McCollum     Pugh         Wenzel
Dauner       Johnson, R.  McElroy      Rest         Winter
Davids       Johnson, V.  McGuire      Rhodes       Wolf
Dehler       Kalis        Milbert      Rostberg     Worke
Delmont      Kelley       Molnau       Rukavina     Workman
Dempsey      Kelso        Mulder       Sarna        Sp.Anderson,I
Dorn         Kinkel       Munger       Schumacher   
Entenza      Knight       Murphy       Seagren      
Erhardt      Knoblach     Ness         Simoneau     
Farrell      Koppendrayer Olson, E.    Skoglund     
Finseth      Kraus        Olson, M.    Smith        
Those who voted in the negative were:

Clark        Greenfield   Jaros        Rice         
Dawkins      Hausman      Kahn         Wejcman      
The bill was passed, as amended, and its title agreed to.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Anderson, R., moved that the name of Limmer be stricken and the name of Goodno be added as an author on H. F. No. 5. The motion prevailed.

Bertram moved that the names of Pelowski, Ostrom and Winter be stricken and the names of Kalis; Anderson, I., and Ness be added as authors on H. F. No. 48. The motion prevailed.

Bertram moved that the names of Kalis; Anderson, I., and Ness be stricken and the names of Pelowski, Ostrom and Winter be added as authors on H. F. No. 134. The motion prevailed.


JOURNAL OF THE HOUSE - 21st Day - Top of Page 473

Jacobs moved that his name be stricken and the name of Rest be added as chief author and the name of Carruthers be added as an author on H. F. No. 312. The motion prevailed.

Cooper moved that the name of Murphy be added as an author on H. F. No. 488. The motion prevailed.

Mariani moved that the name of Garcia be added as an author on H. F. No. 565. The motion prevailed.

Peterson moved that the name of Lourey be added as an author on H. F. No. 644. The motion prevailed.

Marko moved that the name of Delmont be added as an author on H. F. No. 788. The motion prevailed.

Commers moved that the name of Bakk be added as an author on H. F. No. 793. The motion prevailed.

Pugh moved that the name of Luther be added as an author on H. F. No. 897. The motion prevailed.

Swenson, D., moved that the name of Workman be added as an author on H. F. No. 901. The motion prevailed.

Winter moved that the name of Rest be added as an author on H. F. No. 943. The motion prevailed.

Greiling moved that her name be stricken as an author on H. F. No. 963. The motion prevailed.

Brown moved that H. F. No. 896 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Opatz moved that H. F. No. 961 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Governmental Operations. The motion prevailed.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, March 6, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, March 6, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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