The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 2828, relating to health; modifying the authority of the commissioner to approve public water supplies; providing for administrative fines against large public water suppliers.

H. F. No. 2590, relating to landlords and tenants; correcting a reference relating to certain civil penalties; providing for interest rates on security deposits.

Warmest regards,

Arne H. Carlson

Governor

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

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 Acts of the 1998 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
	2590	266	10:08 a.m. March 4	March 4
2170		267	10:55 a.m. March 5	March 5
2525		268	10:57 a.m. March 5	March 5
2685		269	11:00 a.m. March 5	March 5
2315		270	11:02 a.m. March 5	March 5

Sincerely,

Joan Anderson Growe
Secretary of State

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

	BoudreauDehler

The bill was passed and its title agreed to.

S. F. No. 1151 was reported to the House.

Dawkins offered an amendment to S. F. No. 1151.

Dehler raised a point of order pursuant to rule 3.09 that the Dawkins amendment was not in order. The Speaker ruled the point of order well taken and the Dawkins amendment out of order.

S. F. No. 1151, A bill for an act relating to probate; changing provisions on appointment of guardians and conservators; amending Minnesota Statutes 1996, section 525.591.

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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Erickson	Juhnke	Marko	Pelowski	Tingelstad
Anderson, I.	Evans	Kalis	McCollum	Peterson	Tompkins
Bakk	Farrell	Kelso	McElroy	Rest	Trimble
Bettermann	Finseth	Kielkucki	McGuire	Reuter	Tuma
Biernat	Folliard	Kinkel	Milbert	Rhodes	Tunheim
Boudreau	Garcia	Knight	Molnau	Rifenberg	Van Dellen
Bradley	Goodno	Knoblach	Mulder	Rostberg	Vandeveer
Broecker	Greenfield	Koskinen	Mullery	Rukavina	Wagenius
Carlson	Greiling	Kraus	Munger	Schumacher	Weaver
Chaudhary	Gunther	Krinkie	Murphy	Seagren	Wejcman
Clark, J.	Haas	Kubly	Ness	Seifert	Wenzel
Clark, K.	Harder	Kuisle	Nornes	Sekhon	Westfall
Commers	Hasskamp	Larsen	Olson, E.	Skare	Westrom
Daggett	Hausman	Leighton	Olson, M.	Skoglund	Winter
Davids	Hilty	Leppik	Opatz	Slawik	Wolf
Dawkins	Holsten	Lieder	Orfield	Smith	Workman
Dehler	Huntley	Lindner	Osskopp	Solberg	Spk. Carruthers
Delmont	Jaros	Long	Osthoff	Stanek
Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8047
Dempsey	Jefferson	Macklin	Otremba, M.	Stang
Dorn	Jennings	Mahon	Ozment	Sviggum
Entenza	Johnson, A.	Mares	Paulsen	Swenson, H.
Erhardt	Johnson, R.	Mariani	Paymar	Sykora

The bill was passed and its title agreed to.

H. F. No. 3081 was reported to the House.

Paymar moved that H. F. No. 3081 be returned to General Orders. The motion prevailed.

S. F. No. 2402, A bill for an act relating to commerce; prohibiting the unauthorized possession of, or damage to, merchandise pallets; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

The question was taken on the passage of the bill and the roll was called. There were 105 yeas and 24 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Juhnke	Marko	Paulsen	Swenson, H.
Anderson, I.	Erickson	Kalis	McCollum	Paymar	Sykora
Bakk	Evans	Kelso	McElroy	Pelowski	Trimble
Bettermann	Farrell	Kinkel	McGuire	Peterson	Tuma
Biernat	Folliard	Knoblach	Milbert	Pugh	Tunheim
Boudreau	Garcia	Koskinen	Mulder	Rest	Van Dellen
Bradley	Greenfield	Kraus	Mullery	Rhodes	Vandeveer
Broecker	Greiling	Kubly	Munger	Rifenberg	Wagenius
Carlson	Gunther	Kuisle	Murphy	Rostberg	Weaver
Chaudhary	Hasskamp	Larsen	Ness	Rukavina	Wejcman
Clark, K.	Hausman	Leighton	Nornes	Schumacher	Wenzel
Daggett	Hilty	Leppik	Olson, E.	Seagren	Westrom
Davids	Huntley	Lieder	Opatz	Sekhon	Winter
Dawkins	Jaros	Long	Orfield	Skare	Wolf
Delmont	Jefferson	Macklin	Osskopp	Skoglund	Spk. Carruthers
Dempsey	Jennings	Mahon	Osthoff	Slawik
Dorn	Johnson, A.	Mares	Otremba, M.	Solberg
Entenza	Johnson, R.	Mariani	Ozment	Sviggum

Those who voted in the negative were:

Anderson, B.	Finseth	Holsten	Lindner	Seifert	Tingelstad
Clark, J.	Goodno	Kielkucki	Molnau	Smith	Tompkins
Commers	Haas	Knight	Olson, M.	Stanek	Westfall
Dehler	Harder	Krinkie	Reuter	Stang	Workman

The bill was passed and its title agreed to.

S. F. No. 2163 was reported to the House.

Weaver moved that S. F. No. 2163 be temporarily laid over on Special Orders. The motion prevailed.

H. F. No. 2722 was reported to the House.

Kraus moved to amend H. F. No. 2722, the second engrossment, as follows:

Page 3, line 35, delete "August 1" and insert "December 31"

The motion prevailed and the amendment was adopted.

H. F. No. 2722, A bill for an act relating to the environment; providing penalties for violations of underground storage tank statutes and rules; amending Minnesota Statutes 1996, sections 115.071, by adding a subdivision; and 116.073, subdivisions 1 and 2.

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 122 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Harder	Lindner	Osskopp	Smith
Dehler	Knight	Olson, M.

The bill was passed, as amended, and its title agreed to.

S. F. No. 2729, A bill for an act relating to highways; allowing advertisements, public art, and informational signs to be placed on bicycle racks and bicycle storage facilities on highway right-of-way; amending Minnesota Statutes 1996, section 160.27, subdivision 5, and 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 122 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Knight	Lindner	Stanek	Tompkins
Dehler	Krinkie	Osthoff

The bill was passed and its title agreed to.

S. F. No. 2516 was reported to the House.

Jefferson moved to amend S. F. No. 2516 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2777, the first engrossment:

Subd. 9. [EXPERIMENTAL OR RESEARCH PROJECTS.] The commissioner of employee relations may conduct experimental or research projects designed to improve recruitment, selection, referral, or appointment processes for the filling of state classified positions.

The commissioner shall meet and confer with the affected exclusive bargaining representative of state employees concerning the design and implementation of experimental and research projects under this subdivision.

Any provision in section 43A.02, except for subdivisions 33 and 38, sections 43A.09 43A.07 to 43A.15 43A.16, associated personnel rules adopted under subdivision 3, or administrative procedures established under subdivision 4, is waived for the purposes of these projects. The commissioner may not use an experimental or research project under this section to transfer positions between the unclassified and the classified service. The number of appointments under this subdivision may not exceed five percent of the total number of appointments in the preceding fiscal year, unless the commissioner authorizes appointments in excess of five percent with the mutual agreement of any affected bargaining unit.

The commissioner shall report by September 1 to the joint subcommittee on employee relations the results of the experimental research projects conducted in the preceding fiscal year.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.

S. F. No. 2516, A bill for an act relating to employee relations; modifying provisions on experimental or research projects in the department of employee relations; amending Minnesota Statutes 1997 Supplement, section 43A.04, subdivision 9.

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 121 yeas and 9 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Kielkucki	Krinkie	Olson, M.	Workman
Dehler	Knight	Molnau	Westrom

The bill was passed, as amended, and its title agreed to.

H. F. No. 3644 was reported to the House.

Solberg moved to amend H. F. No. 3644 as follows:

Page 1, line 22, delete everything after "effective" and insert "the day following final enactment."

A roll call was requested and properly seconded.

The question was taken on the Solberg amendment and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The motion prevailed and the amendment was adopted.

H. F. No. 3644, A bill for an act relating to telecommunications; modifying voting requirements for extended area service within combined school districts; amending Laws 1997, chapter 59, section 1, subdivision 3.

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Greenfield	Johnson, A.	Skoglund	Solberg
Dehler	Jefferson	Otremba, M.

The bill was passed, as amended, and its title agreed to.

H. F. No. 2980 was reported to the House.

Jennings, Ozment, Delmont and Wolf moved to amend H. F. No. 2980, the first engrossment, as follows:

Page 1, line 17, after the period, insert "The commission shall provide that the requirement to offer service throughout that exchange area and all contiguous exchange areas is not applicable if the telephone company with fewer than 50,000 subscribers in the exchange area, either itself or through an affiliated company to which it provides technical, managerial, or financial assistance, begins to provide telecommunications services outside its original service territory."

The motion prevailed and the amendment was adopted.

Paymar, Hausman, Mariani, Marko, Osthoff, Entenza, Greiling, Broecker, Milbert, Trimble, Larsen, Farrell, Krinkie and Dawkins moved to amend H. F. No. 2980, the first engrossment, as amended, as follows:

Page 1, after line 26, insert:

"Section 2. [AREA CODE CONSIDERATIONS.]

Sec. 3. [EFFECTIVE DATE.]

Section 2 is 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.

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

The question was taken on the Paymar et al amendment and the roll was called. There were 54 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Bakk	Evans	Jaros	Larsen	Munger	Rukavina
Biernat	Farrell	Jefferson	Leighton	Murphy	Skare
Broecker	Folliard	Johnson, A.	Long	Opatz	Skoglund
Chaudhary	Greenfield	Johnson, R.	Mariani	Orfield	Slawik
Clark, K.	Greiling	Juhnke	Marko	Osthoff	Solberg
Dawkins	Hasskamp	Kalis	McCollum	Otremba, M.	Trimble
Delmont	Hausman	Kinkel	McGuire	Paymar	Wagenius
Dorn	Hilty	Krinkie	Milbert	Peterson	Wejcman
Entenza	Holsten	Kubly	Mullery	Pugh	Winter

Those who voted in the negative were:

Abrams	Erickson	Kraus	Olson, E.	Seagren	Van Dellen
Anderson, B.	Finseth	Kuisle	Olson, M.	Seifert	Vandeveer
Bettermann	Goodno	Leppik	Osskopp	Sekhon	Weaver
Boudreau	Gunther	Lieder	Ozment	Smith	Wenzel
Bradley	Haas	Lindner	Paulsen	Stanek	Westfall
Carlson	Harder	Macklin	Pawlenty	Stang	Westrom
Clark, J.	Huntley	Mahon	Pelowski	Sviggum	Wolf
Commers	Jennings	Mares	Rest	Swenson, H.	Workman
Daggett	Kelso	McElroy	Reuter	Sykora	Spk. Carruthers
Davids	Kielkucki	Molnau	Rhodes	Tingelstad
Dehler	Knight	Mulder	Rifenberg	Tompkins
Dempsey	Knoblach	Ness	Rostberg	Tuma
Erhardt	Koskinen	Nornes	Schumacher	Tunheim

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

H. F. No. 2980, A bill for an act relating to telecommunications; requiring competitors of small telephone companies to offer service to contiguous exchange areas in certain situations; amending Minnesota Statutes 1996, section 237.16, by adding a subdivision.

The question was taken on the passage of the bill and the roll was called. There were 67 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Goodno	Juhnke	Ness	Rifenberg	Tuma
Bakk	Greenfield	Kalis	Nornes	Rostberg	Tunheim
Bettermann	Greiling	Kielkucki	Olson, E.	Rukavina	Wagenius
Boudreau	Gunther	Kinkel	Olson, M.	Schumacher	Wenzel
Clark, J.	Harder	Knoblach	Opatz	Seifert	Westfall
Daggett	Hasskamp	Kubly	Osskopp	Sekhon	Westrom
Davids	Hilty	Kuisle	Otremba, M.	Skare	Winter
Dehler	Huntley	Leighton	Ozment	Skoglund
Dorn	Jaros	Lieder	Pelowski	Solberg
Erickson	Jennings	Mahon	Peterson	Stang
Finseth	Johnson, A.	Mariani	Reuter	Sviggum
Garcia	Johnson, R.	Mulder	Rhodes	Swenson, H.

Those who voted in the negative were:

Abrams	Erhardt	Kraus	McGuire	Pugh	Vandeveer
Biernat	Evans	Krinkie	Milbert	Rest	Weaver
Bradley	Farrell	Larsen	Molnau	Seagren	Wejcman
Broecker	Folliard	Leppik	Mullery	Slawik	Wolf
Carlson	Haas	Lindner	Munger	Smith	Workman
Chaudhary	Hausman	Long	Murphy	Stanek	Spk. Carruthers
Commers	Holsten	Macklin	Orfield	Sykora
Dawkins	Jefferson	Mares	Osthoff	Tingelstad
Delmont	Kelso	Marko	Paulsen	Tompkins
Dempsey	Knight	McCollum	Pawlenty	Trimble
Entenza	Koskinen	McElroy	Paymar	Van Dellen

The bill was not passed, as amended.

S. F. No. 2163 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Pawlenty moved to amend S. F. No. 2163, the unofficial engrossment, as follows:

Page 3, line 25, delete "by a person other than a charitable organization,"

The motion prevailed and the amendment was adopted.

Juhnke moved to amend S. F. No. 2163, the unofficial engrossment, as amended, as follows:

Page 3, after line 32, insert:

"Sec. 3. Minnesota Statutes 1996, section 168A.01, is amended by adding a subdivision to read:

Sec. 4. Minnesota Statutes 1996, section 168A.11, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION UPON TRANSFER.] If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner, and complies with subdivision 2 hereof, the dealer need not apply for a certificate of title, but upon transferring the vehicle to another person other than by the creation of a security interest shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any secured party holding a security interest created or reserved at the time of the resale, and the date of the security agreement in the spaces provided therefor on the certificate or secure reassignment. With respect to motor vehicles subject to the provisions of section 325E.15, the dealer shall also, in the space provided therefor on the certificate or secure reassignment, state the true cumulative mileage registered on the odometer or that the exact mileage is unknown if the odometer reading is known by the transferor to be different from the true mileage. The transferee shall complete the application for title section on the certificate of title or separate title application form prescribed by the department. The dealer shall mail or deliver the certificate to the department with the transferee's application for a new certificate and appropriate taxes and fees, within ten days."

Page 3, line 34, delete "and 2" and insert "to 4"

Amend the title as follows:

Page 1, line 3, after the second semicolon, insert "providing for separate form for assignment of vehicle title;"

Page 1, line 4, delete "section" and insert "sections" and after the semicolon, insert "168A.01, by adding a subdivision; and 168A.11, subdivision 1;"

The motion prevailed and the amendment was adopted.

S. F. No. 2163, A bill for an act relating to motor vehicles; regulating licensed dealers; providing an exception; amending Minnesota Statutes 1996, section 168.27, subdivision 8; Minnesota Statutes 1997 Supplement, section 168.27, subdivision 1.

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 127 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams	Erickson	Juhnke	McCollum	Pelowski	Sykora
Anderson, B.	Evans	Kelso	McElroy	Peterson	Tingelstad
Bakk	Farrell	Kielkucki	McGuire	Pugh	Tompkins
Bettermann	Finseth	Kinkel	Milbert	Rest	Tuma
Biernat	Folliard	Knight	Molnau	Reuter	Tunheim
Boudreau	Garcia	Knoblach	Mulder	Rhodes	Van Dellen
Bradley	Goodno	Koskinen	Mullery	Rifenberg	Vandeveer
Broecker	Greenfield	Kraus	Munger	Rostberg	Wagenius
Carlson	Greiling	Krinkie	Murphy	Rukavina	Weaver
Chaudhary	Gunther	Kubly	Ness	Schumacher	Wejcman
Clark, J.	Haas	Kuisle	Nornes	Seagren	Wenzel
Clark, K.	Harder	Larsen	Olson, E.	Seifert	Westfall
Commers	Hasskamp	Leighton	Olson, M.	Sekhon	Westrom
Daggett	Hausman	Leppik	Opatz	Skare	Winter
Davids	Hilty	Lieder	Orfield	Skoglund	Wolf
Dawkins	Holsten	Lindner	Osskopp	Slawik	Workman
Dehler	Huntley	Long	Osthoff	Smith	Spk. Carruthers
Delmont	Jaros	Macklin	Otremba, M.	Solberg
Dempsey	Jefferson	Mahon	Ozment	Stanek
Dorn	Jennings	Mares	Paulsen	Stang
Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8056
Entenza	Johnson, A.	Mariani	Pawlenty	Sviggum
Erhardt	Johnson, R.	Marko	Paymar	Swenson, H.

Those who voted in the negative were:

Trimble

The bill was passed, as amended, and its title agreed to.

S. F. No. 2669, A bill for an act relating to human services; allowing greater use of arrangements with businesses when providing day training and habilitation services; directing the commissioner of human services to develop a more flexible rate variance mechanism for day training habilitation services vendors; amending Minnesota Statutes 1996, section 252.451, subdivision 5.

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

The bill was passed and its title agreed to.

Winter moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

Winter moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by Speaker pro tempore Opatz.

Pursuant to rule 1.10 Winter requested immediate consideration of S. F. No. 3346.

S. F. No. 3346 was reported to the House.

Greenfield moved to amend S. F. No. 3346, the second unofficial engrossment, as follows:

Page 21, after line 30, insert:

"(a) The appropriations and reductions for fiscal year 1998 in this article are effective the day following final enactment."

Page 21, line 31, before "The" insert "(b)"

Page 336, delete section 108

Renumber the sections in Article 6 in sequence

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Greenfield and Long moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Pages 209 to 212, delete section 1

Page 243, delete section 41

The motion prevailed and the amendment was adopted.

Greenfield moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 209, after line 19, insert:

"(i) Sections 10 and 62 are effective July 1, 2000."

Mulder, Greenfield and Skoglund moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Article 2, page 74, after line 9, insert:

"Sec. 87. [145.905] [BREAST-FEEDING.]

Subdivision 1. [LOCATION.] A mother may breast-feed in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast-feeding.

Subd. 2. [FACILITIES; BREAST-FEEDING POLICY AND TRAINING.] (a) It is recommended that a facility providing maternity services or newborn infant care have a written breast-feeding policy that may include the following elements:

(1) informs all pregnant women about the benefits and management of breast-feeding;

(2) gives newborn infants of mothers who choose to breast-feed no food or drink other than breast milk, unless medically indicated;

(3) practices "rooming in" by allowing mothers and infants to remain together 24 hours a day;

(4) encourages breast-feeding on demand for mothers who choose to breast-feed;

(5) gives no artificial teats or pacifiers to breast-feeding infants; and

(6) encourages the establishment of breast-feeding support groups and refers mothers who choose to breast-feed to them on discharge from the hospital or clinic.

(b) It is recommended that a facility providing maternity services or newborn infant care provide the following training and assistance to its health care staff and mothers:

(1) training for all health care staff in the skills necessary to implement the facility's breast-feeding policy;

(2) assistance to help mothers who choose to breast-feed begin breast-feeding within half an hour of birth; and

(3) training for mothers who choose to breast-feed on how to breast-feed and how to maintain lactation, even if separated from their infants."

Article 2, page 95, after line 31, insert:

"Sec. 110. Minnesota Statutes 1996, section 617.23, is amended to read:

617.23 [INDECENT EXPOSURE; PENALTIES.]

(a) A person is guilty of a misdemeanor who in any public place, or in any place where others are present:

(1) willfully and lewdly exposes the person's body, or the private parts thereof;

(2) procures another to expose private parts; or

(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in clause (1) or (2) or this clause.

(b) A person is guilty of a gross misdemeanor if:

(2) the person violates this section after having been previously convicted of violating this section, sections 609.342 to 609.3451, or a statute from another state in conformity with any of those sections.

(c) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates paragraph (b), clause (1), after having been previously convicted of or adjudicated delinquent for violating paragraph (b), clause (1); section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity with paragraph (b), clause (1), or section 609.3451, subdivision 1, clause (2).

(d) Notwithstanding any other provision of law, a woman may breast-feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast-feeding."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Haas moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 205, line 2, delete "The"

Page 205, delete lines 3 to 8

The motion prevailed and the amendment was adopted.

Huntley, Haas, Sykora, Solberg and Jennings moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 130, line 35, after the period, insert: "Effective July 1, 1999, the medical education funds distribution process must include as a criterion the historical proportion of trainees from each education program that continues to practice in Minnesota. The commissioner shall evaluate the previous ten years time period to determine the historical proportion of trainees that continues to practice in Minnesota."

The motion prevailed and the amendment was adopted.

Bradley, Goodno, Huntley, Dorn, Greenfield, Boudreau, Wejcman and Jennings moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 319, after line 15, insert:

"Sec. 85. Minnesota Statutes 1997 Supplement, section 256J.49, subdivision 4, is amended to read:

Subd. 4. [EMPLOYMENT AND TRAINING SERVICE PROVIDER.] "Employment and training service provider" means:

(2) a public, private, or nonprofit agency that is not certified by the commissioner under clause (1), but with which a county has contracted to provide employment and training services and which is included in the county's plan submitted under section 256J.50, subdivision 7; or

(3) a county agency, if the county is certified under clause (1) has opted to provide employment and training services and the county has indicated that fact in the plan submitted under section 256J.50, subdivision 7.

Notwithstanding section 268.871, an employment and training services provider meeting this definition may deliver employment and training services under this chapter."

Page 337, after line 15, insert:

"(e) Section 85, amending Minnesota Statutes section 256J.49, subdivision 4, is effective the day following final enactment."

Renumber the sections in article 6 in sequence

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Jennings, Greenfield and Goodno moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 322, line 2, after "may" insert ", to the extent that funds are available,"

The motion prevailed and the amendment was adopted.

Tunheim moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 10, line 26, after the period, insert "Persons who are faced with a current farm crisis are also eligible for services covered under this provision."

The motion prevailed and the amendment was adopted.

Skare moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 16, line 37, delete "$989,000" and insert "$1,373,100"

Page 16, line 43, delete "$665,000" and insert "$854,500"

Page 16, line 48, delete "$324,000" and insert "$518,600"

Increase the appropriation for fiscal year 1999 to the commissioner of health by $384,100 and correct the totals and summaries by fund accordingly

The question was taken on the Skare amendment and the roll was called. There were 71 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Johnson, R.	Marko	Peterson	Slawik
Bakk	Farrell	Juhnke	McCollum	Pugh	Tompkins
Biernat	Finseth	Kahn	McGuire	Rest	Trimble
Carlson	Folliard	Kalis	Milbert	Rhodes	Tunheim
Chaudhary	Garcia	Kelso	Mullery	Rifenberg	Wagenius
Clark, J.	Goodno	Kinkel	Murphy	Rostberg	Wejcman
Clark, K.	Greiling	Kubly	Olson, E.	Rukavina	Wenzel
Davids	Hasskamp	Leighton	Opatz	Schumacher	Westfall
Dawkins	Hausman	Lieder	Osthoff	Seifert	Westrom
Delmont	Jaros	Long	Otremba, M.	Sekhon	Winter
Entenza	Jefferson	Mares	Paymar	Skare	Spk. Carruthers
Erhardt	Johnson, A.	Mariani	Pelowski	Skoglund

Those who voted in the negative were:

Abrams	Dorn	Kielkucki	Macklin	Paulsen	Sykora
Anderson, B.	Erickson	Knight	Mahon	Pawlenty	Tingelstad
Bettermann	Greenfield	Knoblach	McElroy	Reuter	Tuma
Bishop	Gunther	Koskinen	Molnau	Seagren	Van Dellen
Boudreau	Haas	Kraus	Munger	Smith	Vandeveer
Bradley	Harder	Krinkie	Ness	Solberg	Weaver
Broecker	Hilty	Kuisle	Nornes	Stanek	Wolf
Daggett	Holsten	Larsen	Olson, M.	Stang	Workman
Dehler	Huntley	Leppik	Osskopp	Sviggum
Dempsey	Jennings	Lindner	Ozment	Swenson, H.

The motion prevailed and the amendment was adopted.

Bradley, Haas, Goodno, Mulder, Tompkins, Lindner, Knoblach, Boudreau, Jennings and Clark, J., moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 233, line 36, strike the existing language

Page 234, lines 1 to 10, strike the existing language and delete the new language and insert "Families enrolled in MinnesotaCare under section 256L.04, subdivision 1, whose income increases above 275 percent of the federal poverty guidelines, are no longer eligible for the program and shall be disenrolled by the commissioner. Individuals enrolled in MinnesotaCare under section 256L.04, subdivision 7, whose income increases above 175 percent of the federal poverty guidelines are no longer eligible for the program and shall be disenrolled by the commissioner. For persons disenrolled under this subdivision, MinnesotaCare coverage terminates the last day of the calendar month following the month in which the commissioner determines that the income of a family or individual, determined over a four-month period as required by section 256L.08, exceeds program income limits."

Page 241, lines 18 to 24, delete the new language

The question was taken on the Bradley et al amendment and the roll was called. There were 74 yeas and 56 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Knoblach	Molnau	Rhodes	Tompkins
Anderson, B.	Erickson	Kraus	Mulder	Rifenberg	Tuma
Bettermann	Farrell	Krinkie	Ness	Rostberg	Van Dellen
Bishop	Finseth	Kuisle	Nornes	Schumacher	Vandeveer
Boudreau	Goodno	Larsen	Olson, M.	Seagren	Weaver
Bradley	Gunther	Leppik	Opatz	Seifert	Westfall
Broecker	Haas	Lindner	Osskopp	Smith	Westrom
Clark, J.	Harder	Macklin	Osthoff	Stanek	Wolf
Commers	Holsten	Mahon	Ozment	Stang	Workman
Daggett	Jennings	Mares	Paulsen	Sviggum
Davids	Johnson, A.	Marko	Pawlenty	Swenson, H.
Dehler	Kielkucki	McElroy	Peterson	Sykora
Dempsey	Knight	Milbert	Reuter	Tingelstad

Those who voted in the negative were:

Anderson, I.	Evans	Johnson, R.	Long	Paymar	Tunheim
Bakk	Folliard	Juhnke	Mariani	Pelowski	Wagenius
Biernat	Garcia	Kahn	McCollum	Pugh	Wejcman
Carlson	Greenfield	Kalis	McGuire	Rest	Wenzel
Chaudhary	Greiling	Kelso	Mullery	Rukavina	Winter
Clark, K.	Hausman	Kinkel	Munger	Sekhon	Spk. Carruthers
Dawkins	Hilty	Koskinen	Murphy	Skare
Delmont	Huntley	Kubly	Olson, E.	Skoglund
Dorn	Jaros	Leighton	Orfield	Slawik
Entenza	Jefferson	Lieder	Otremba, M.	Trimble

The motion prevailed and the amendment was adopted.

Trimble moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 335, after line 12, insert:

"Sec. 106. [REPORT; NONCERTIFIED PROVIDERS.]

Beginning January 1, 1999, the commissioner of economic security, in conjunction with the commissioner of human services, shall report annually on the use in MFIP-S of employment and training providers that do not meet certification standards under Minnesota Statutes, section 268.871. The report shall include information on the number and types of noncertified providers and the performance of noncertified providers compared to certified providers."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Bradley moved to amend the Trimble amendment to S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, line 8, delete everything after "providers"

Page 1, line 9, delete "standards"

The question recurred on the Trimble amendment, as amended, to S. F. No. 3346, the second unofficial engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.

Trimble moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, after line 3 of the of the first Bradley et al amendment, insert:

"Page 310, line 19, after the first comma, insert 'whether the provider meets certification standards under section 268.871 related to experience, staff capabilities and qualifications, demonstrated effectiveness and demonstrated administrative capabilities,' "

Page 2, after line 1 of the first Bradley et al amendment, insert:

"Page 320, after line 8, insert:

'Sec. 86. Minnesota Statutes 1997 Supplement, section 256J.50, subdivision 8, is amended to read:

Subd. 8. [COUNTY DUTY TO ENSURE EMPLOYMENT AND TRAINING CHOICES FOR PARTICIPANTS.] Each county, or group of counties working cooperatively, shall make available to participants the choice of at least two employment and training service providers as defined under section 256J.49, subdivision 4, except in counties utilizing workforce centers that use multiple employment and training services, offer multiple services options under a collaborative effort and can document that participants have choice among employment and training services designed to meet specialized needs. Each county must make available to participants at least one employment and training service provider that is certified under section 268.871, subdivision 1.' "

A roll call was requested and properly seconded.

The question was taken on the Trimble amendment and the roll was called. There were 69 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Johnson, R.	Mariani	Otremba, M.	Slawik
Bakk	Garcia	Juhnke	Marko	Ozment	Solberg
Biernat	Greenfield	Kahn	McCollum	Paymar	Trimble
Carlson	Greiling	Kalis	McGuire	Pelowski	Tunheim
Chaudhary	Gunther	Kelso	Milbert	Peterson	Wagenius
Clark, K.	Hasskamp	Kinkel	Mullery	Pugh	Wejcman
Dawkins	Hausman	Koskinen	Munger	Rest	Wenzel
Delmont	Hilty	Kubly	Murphy	Rukavina	Winter
Dorn	Huntley	Leighton	Olson, E.	Schumacher	Spk. Carruthers
Entenza	Jaros	Lieder	Opatz	Sekhon
Evans	Jefferson	Long	Orfield	Skare
Farrell	Johnson, A.	Mahon	Osthoff	Skoglund

Those who voted in the negative were:

Abrams	Dehler	Knight	Molnau	Rostberg	Tuma
Anderson, B.	Dempsey	Knoblach	Mulder	Seagren	Van Dellen
Bettermann	Erhardt	Kraus	Ness	Seifert	Vandeveer
Bishop	Erickson	Krinkie	Nornes	Smith	Weaver
Boudreau	Finseth	Kuisle	Olson, M.	Stanek	Westfall
Bradley	Goodno	Larsen	Osskopp	Stang	Westrom
Broecker	Haas	Leppik	Paulsen	Sviggum	Wolf
Clark, J.	Harder	Lindner	Pawlenty	Swenson, H.	Workman
Commers	Holsten	Macklin	Reuter	Sykora
Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8064
Daggett	Jennings	Mares	Rhodes	Tingelstad
Davids	Kielkucki	McElroy	Rifenberg	Tompkins

The motion prevailed and the amendment was adopted.

McElroy was excused for the remainder of today's session.

Sviggum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 4, delete lines 40 to 68

Page 5, delete lines 1 to 19

Page 5, delete lines 31 to 69

Page 6, delete lines 1 to 3

Page 10, delete lines 5 to 12

Page 16, after line 14, insert:

"[SPENDING ON FOOD SAFETY LEADERSHIP INITIATIVES PROHIBITED.] In fiscal year 1999 the commissioner shall not spend any general fund or state government special revenue fund monies for the food safety leadership initiatives described on pages 37 and 38 of the 1998-1999 Minnesota Supplemental Budget Recommendations."

Page 16, delete lines 24 to 35

Page 16, delete lines 50 to 62

Page 17, delete lines 1 to 37

Page 21, line 9, delete "$270,083,000" and insert "$261,983,000"

Reduce the fiscal year 1999 general fund appropriation to the commissioner of human services for the home-sharing program under Minnesota Statutes, section 256.973, by $100,000.

Reduce the fiscal year 1999 general fund appropriation to the commissioner of human services for medical education and research costs grants and operations by $10,000,000.

Pages 61 to 64, delete section 69 of article 2

Pages 147 to 148, delete section 18 of article 4

Pages 189 to 195, delete section 43 of article 4

Page 200, delete section 45 of article 4

Correct the totals and the summaries by fund accordingly

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 61 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Knoblach	Ness	Seifert	Vandeveer
Anderson, B.	Dempsey	Kraus	Nornes	Smith	Weaver
Bettermann	Erhardt	Krinkie	Olson, M.	Stanek	Westfall
Bishop	Erickson	Kuisle	Osskopp	Stang	Westrom
Boudreau	Finseth	Larsen	Ozment	Sviggum	Wolf
Bradley	Gunther	Leppik	Paulsen	Swenson, H.	Workman
Broecker	Haas	Lindner	Pawlenty	Sykora
Clark, J.	Harder	Macklin	Reuter	Tingelstad
Commers	Holsten	Mares	Rifenberg	Tompkins
Daggett	Kielkucki	Molnau	Rostberg	Tuma
Davids	Knight	Mulder	Seagren	Van Dellen

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, A.	Mahon	Osthoff	Skoglund
Bakk	Garcia	Johnson, R.	Mariani	Otremba, M.	Slawik
Biernat	Goodno	Juhnke	Marko	Paymar	Solberg
Carlson	Greenfield	Kahn	McCollum	Pelowski	Trimble
Chaudhary	Greiling	Kalis	McGuire	Peterson	Tunheim
Clark, K.	Hasskamp	Kelso	Milbert	Pugh	Wagenius
Dawkins	Hausman	Kinkel	Mullery	Rest	Wejcman
Delmont	Hilty	Koskinen	Munger	Rhodes	Wenzel
Dorn	Huntley	Kubly	Murphy	Rukavina	Winter
Entenza	Jaros	Leighton	Olson, E.	Schumacher	Spk. Carruthers
Evans	Jefferson	Lieder	Opatz	Sekhon
Farrell	Jennings	Long	Orfield	Skare

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

Tunheim; Anderson, I.; Mulder; Vandeveer; Broecker; Osthoff; Kalis; Mares; Otremba, M.; Daggett; Tuma; Larsen; Mariani; Farrell; Hasskamp; Boudreau; Dawkins; Erickson; Westfall; Tompkins; Trimble; Lieder; Reuter; Olson, M.; Schumacher; Pugh; Carlson; Milbert; Olson, E.; Goodno; Bettermann; Jaros; Rifenberg and Osskopp moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 343, after line 6, insert:

"Sec. 4. [62Q.091] [ANY WILLING PROVIDER.]

Subdivision 1. [DENIAL OF COVERAGE PROHIBITED.] No health plan company shall deny or limit coverage under a health plan for any health care service provided by a health care provider on the basis that the health care provider is not in the health plan company's network, if the health care provider:

(2) is willing to accept the relevant terms of the contract, including the schedule of fees, that the health plan company enters into with in-network providers; and

(3) agrees to follow the health plan company's utilization regulations.

Subd. 2. [MEASURES TO MAINTAIN QUALITY AND CONTROL COST.] (a) This section does not prevent a health plan company from implementing and maintaining measures that promote quality and control costs, including the requirement of coordination of care by a primary care provider, so long as the measures apply equally to all health care providers of the same type and do not discriminate against out-of-network providers who satisfy subdivision 1.

(b) This section shall not be interpreted as requiring coverage of any specific health care service.

Subd. 3. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Health care provider" means an independently enrolled audiologist, chemical dependency treatment facility, chiropractor, community clinic, community mental health center, dentist, dietitian, home health care provider, hospital, licensed marriage and family therapist, nurse practitioner or advanced practice nurse, nursing facility, occupational therapist, optometrist, optician, outpatient chemical dependency counselor, outpatient surgical center, pharmacist, osteopath, physical therapist, physician, podiatrist, licensed psychologist, psychological practitioner, licensed social worker, rural health clinic, or speech therapist. For purposes of this paragraph, "independently enrolled" means that the health care provider has authority under state law to bill, and receive payment directly from, a patient or health plan company.

(c) "Health care services" means goods and services provided by a health care provider within the scope of the health care provider's license.

(d) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the coverages that are excluded under section 62A.011, subdivision 3, clauses (6), (7), (8), (10), and (12).

Subd. 4. [APPLICABILITY.] Section 62Q.095 does not apply to a health plan as of the date that this section applies to it.

Subd. 5. [PROHIBITION.] No health plan company shall offer, sell, issue, or renew a health plan that does not comply with this section."

Page 356, after line 20, insert:

"(g) Section 4 is effective January 1, 1999, and applies to health plans issued or renewed on or after that date."

A roll call was requested and properly seconded.

The question was taken on the Tunheim et al amendment and the roll was called. There were 82 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Kalis	Marko	Osthoff	Stanek
Bakk	Farrell	Kelso	McCollum	Otremba, M.	Stang
Bettermann	Finseth	Kielkucki	McGuire	Paymar	Swenson, H.
Boudreau	Folliard	Kinkel	Milbert	Pelowski	Tompkins
Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8067
Broecker	Garcia	Kraus	Mulder	Peterson	Tuma
Carlson	Goodno	Kubly	Mullery	Pugh	Tunheim
Clark, J.	Greiling	Larsen	Munger	Reuter	Vandeveer
Clark, K.	Hasskamp	Leighton	Murphy	Rifenberg	Wenzel
Daggett	Hausman	Lieder	Ness	Rukavina	Westfall
Davids	Hilty	Lindner	Nornes	Seifert	Westrom
Dawkins	Holsten	Macklin	Olson, E.	Sekhon	Winter
Dehler	Jaros	Mahon	Olson, M.	Skare	Spk. Carruthers
Entenza	Jennings	Mares	Orfield	Slawik
Erickson	Johnson, A.	Mariani	Osskopp	Solberg

Those who voted in the negative were:

Abrams	Dorn	Juhnke	Molnau	Seagren	Weaver
Anderson, B.	Erhardt	Kahn	Opatz	Skoglund	Wejcman
Biernat	Greenfield	Knight	Ozment	Smith	Wolf
Bishop	Gunther	Knoblach	Paulsen	Sviggum	Workman
Bradley	Haas	Koskinen	Pawlenty	Sykora
Chaudhary	Harder	Krinkie	Rest	Tingelstad
Commers	Huntley	Kuisle	Rhodes	Trimble
Delmont	Jefferson	Leppik	Rostberg	Van Dellen
Dempsey	Johnson, R.	Long	Schumacher	Wagenius

The motion prevailed and the amendment was adopted.

The Speaker resumed the Chair.

Macklin was excused for the remainder of today's session.

Seagren moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 31, line 31, before "The" insert:

"Subdivision 1. [ADVISORY GROUP.]"

Page 32, after line 7, insert:

"Subd. 2. [DATA PROVISIONS.] No person shall release or disclose without the voluntary, informed, written consent of the patient or employee any patient or employee-identifiable medical, health, or employment-related information on a patient or employee to the department of health, the commissioner of health, or the occupational respiratory disease information system advisory group or information system until protocol and data privacy protections are in place. If the patient or employee is an unemancipated minor, the voluntary, informed, written consent of the parent or guardian of the patient or employee is required."

A roll call was requested and properly seconded.

Greenfield moved to amend the Seagren amendment to S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, line 10, delete "to" and insert "from"

The question recurred on the Seagren amendment, as amended, and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The motion prevailed and the amendment, as amended, was adopted.

Goodno; Haas; Johnson, R.; McCollum; Lindner; Koskinen; Bradley; Otremba, M.; Biernat and Tompkins offered an amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

Greenfield requested a division of the Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

Greenfield further requested that the second portion of the divided Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended, be voted upon first.

The second portion of the Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended, reads as follows:

Page 143, after line 24, insert:

"Sec. 15. Minnesota Statutes 1997 Supplement, section 256B.056, subdivision 4, is amended to read:

In computing income to determine eligibility of persons who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Law Numbers 94-566, section 503; 99-272; and 99-509. Veterans aid and attendance benefits and Veterans Administration unusual medical expense payments are considered income to the recipient."

Correct the totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

The question was taken on the second portion of the Goodno et al amendment and the roll was called. There were 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Huntley

The motion prevailed and the second portion of the Goodno et al amendment was adopted.

Goodno withdrew the first portion of the Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

Sviggum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 13, line 41, delete "$10,220,000" and insert "$5,230,000"

Page 13, line 47, delete everything after the semicolon

Page 13, line 49, delete everything before "and"

Correct the totals and the summaries by fund in Article 1 accordingly

Pages 259 to 261, delete section 14

Renumber the sections in Article 6 in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 53 yeas and 77 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Davids	Kielkucki	Mulder	Seagren	Tuma
Bettermann	Dehler	Knight	Nornes	Seifert	Van Dellen
Bishop	Erickson	Kraus	Olson, M.	Smith	Vandeveer
Boudreau	Finseth	Krinkie	Osskopp	Stanek	Weaver
Bradley	Goodno	Kuisle	Paulsen	Stang	Westfall
Broecker	Gunther	Larsen	Pawlenty	Sviggum	Westrom
Clark, J.	Haas	Lindner	Reuter	Swenson, H.	Wolf
Commers	Harder	Mares	Rifenberg	Sykora	Workman
Daggett	Holsten	Molnau	Rostberg	Tingelstad

Those who voted in the negative were:

Abrams	Evans	Johnson, A.	Long	Orfield	Skare
Anderson, I.	Farrell	Johnson, R.	Mahon	Osthoff	Skoglund
Bakk	Folliard	Juhnke	Mariani	Otremba, M.	Slawik
Biernat	Garcia	Kahn	Marko	Ozment	Solberg
Carlson	Greenfield	Kalis	McCollum	Paymar	Tompkins
Chaudhary	Greiling	Kelso	McGuire	Pelowski	Trimble
Clark, K.	Hasskamp	Kinkel	Milbert	Peterson	Tunheim
Dawkins	Hausman	Knoblach	Mullery	Pugh	Wagenius
Delmont	Hilty	Koskinen	Munger	Rest	Wejcman
Dempsey	Huntley	Kubly	Murphy	Rhodes	Wenzel
Dorn	Jaros	Leighton	Ness	Rukavina	Winter
Entenza	Jefferson	Leppik	Olson, E.	Schumacher	Spk. Carruthers
Erhardt	Jennings	Lieder	Opatz	Sekhon

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

Tompkins, Lindner, Bradley, Sviggum, Vandeveer, Rifenberg, Davids, Kielkucki, Bettermann, Tingelstad and Macklin moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 18, delete lines 38 to 40

Correct the totals and the summaries by fund accordingly

Pages 26 to 29, delete sections 7 to 10

Renumber the sections in sequence and correct internal references

A roll call was requested and properly seconded.

The question was taken on the Tompkins et al amendment and the roll was called. There were 50 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Dempsey	Knoblach	Nornes	Smith	Vandeveer
Bettermann	Erickson	Kraus	Olson, M.	Stanek	Weaver
Bradley	Finseth	Krinkie	Osskopp	Stang	Westfall
Broecker	Goodno	Kuisle	Paulsen	Sviggum	Wolf
Clark, J.	Gunther	Larsen	Pawlenty	Swenson, H.	Workman
Commers	Harder	Lindner	Reuter	Tingelstad
Daggett	Holsten	Mares	Rifenberg	Tompkins
Davids	Kielkucki	Molnau	Seagren	Tuma
Dehler	Knight	Mulder	Seifert	Van Dellen

Those who voted in the negative were:

Abrams	Evans	Johnson, A.	Mariani	Ozment	Solberg
Anderson, I.	Farrell	Johnson, R.	Marko	Paymar	Sykora
Bakk	Folliard	Juhnke	McCollum	Pelowski	Trimble
Biernat	Garcia	Kahn	McGuire	Peterson	Tunheim
Bishop	Greenfield	Kalis	Milbert	Pugh	Wagenius
Boudreau	Greiling	Kelso	Mullery	Rest	Wejcman
Carlson	Haas	Kinkel	Munger	Rhodes	Wenzel
Chaudhary	Hasskamp	Koskinen	Murphy	Rostberg	Westrom
Clark, K.	Hausman	Kubly	Ness	Rukavina	Winter
Dawkins	Hilty	Leighton	Olson, E.	Schumacher	Spk. Carruthers
Delmont	Huntley	Leppik	Opatz	Sekhon
Dorn	Jaros	Lieder	Orfield	Skare
Entenza	Jefferson	Long	Osthoff	Skoglund
Erhardt	Jennings	Mahon	Otremba, M.	Slawik

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

Boudreau moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 39, line 17, delete "or one or more"

Page 39, line 18, delete "volunteers"

Page 44, line 7, delete "and"

Page 44, line 8, delete "volunteers"

Page 54, line 9, delete "and volunteers"

The question was taken on the Boudreau amendment and the roll was called. There were 61 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Knight	Ness	Seifert	Vandeveer
Anderson, B.	Dempsey	Knoblach	Nornes	Smith	Weaver
Bettermann	Erhardt	Kraus	Olson, M.	Stanek	Westfall
Bishop	Erickson	Krinkie	Osskopp	Stang	Westrom
Boudreau	Finseth	Kuisle	Ozment	Sviggum	Wolf
Bradley	Goodno	Larsen	Paulsen	Swenson, H.	Workman
Broecker	Gunther	Leppik	Pawlenty	Sykora
Clark, J.	Haas	Lindner	Reuter	Tingelstad
Commers	Harder	Mares	Rifenberg	Tompkins
Daggett	Holsten	Molnau	Rostberg	Tuma
Davids	Kielkucki	Mulder	Seagren	Van Dellen

Those who voted in the negative were:

Anderson, I.	Folliard	Juhnke	Marko	Paymar	Solberg
Bakk	Garcia	Kahn	McCollum	Pelowski	Trimble
Biernat	Greenfield	Kalis	McGuire	Peterson	Tunheim
Carlson	Greiling	Kelso	Milbert	Pugh	Wagenius
Chaudhary	Hausman	Kinkel	Mullery	Rest	Wejcman
Clark, K.	Hilty	Koskinen	Munger	Rhodes	Wenzel
Dawkins	Huntley	Kubly	Murphy	Rukavina	Winter
Delmont	Jaros	Leighton	Olson, E.	Schumacher	Spk. Carruthers
Dorn	Jefferson	Lieder	Opatz	Sekhon
Entenza	Jennings	Long	Orfield	Skare
Evans	Johnson, A.	Mahon	Osthoff	Skoglund
Farrell	Johnson, R.	Mariani	Otremba, M.	Slawik

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

Goodno; Olson, M., and McCollum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 266, after line 13, insert:

"Sec. 30. Minnesota Statutes 1997 Supplement, section 256J.08, is amended by adding a subdivision to read:

Subd. 82a. [SHARED HOUSEHOLD STANDARD.] "Shared household standard" means the basic standard used when the household includes an unrelated member. The cash portion of the shared household standard is equal to 90 percent of the cash portion of the transitional standard. The cash portion of the shared household standard plus the food portion equals the full shared household standard."

Page 266, after line 18, insert:

"Sec. 31. Minnesota Statutes 1997 Supplement, section 256J.08, is amended by adding a subdivision to read:

Subd. 86a. [UNRELATED MEMBER.] "Unrelated member" means an individual in the household who does not meet the definition of an eligible caregiver."

Page 277, line 23, delete everything after the period

Page 277, line 27, delete the new language

Page 286, after line 30, insert:

"Sec. 45. Minnesota Statutes 1997 Supplement, section 256J.24, subdivision 7, is amended to read:

Subd. 7. [FAMILY WAGE LEVEL STANDARD.] The family wage level standard is 110 percent of the transitional standard under subdivision 5 and is the standard used when there is earned income in the assistance unit. As specified in section 256J.21, earned income is subtracted from the family wage level to determine the amount of the assistance payment. Assistance payments may not exceed the shared household standard or the transitional standard for the assistance unit, whichever is less."

Page 287, after line 6, insert:

"Sec. 46. Minnesota Statutes 1997 Supplement, section 256J.24, is amended by adding a subdivision to read:

Subd. 9. [SHARED HOUSEHOLD STANDARD; MFIP-S.] (a) Except as prohibited in paragraph (b), the county agency must use the shared household standard when the household includes one or more unrelated members, as that term is defined in section 256J.08, subdivision 86a. The county agency must use the shared household standard, unless a member of the assistance unit is a victim of domestic violence and has an approved safety plan, regardless of the number of unrelated members in the household.

(b) The county agency must not use the shared household standard when all unrelated members are one of the following:

(1) a recipient of public assistance benefits, including food stamps, Supplemental Security Income, adoption assistance, relative custody assistance, or foster care payments;

(2) a roomer or boarder, or a person to whom the assistance unit is paying room or board;

(3) a minor;

(4) a minor caregiver living with the minor caregiver's parents or in an approved supervised living arrangement; or

(5) a caregiver who is not the parent of the minor child in the assistance unit."

Page 337, line 14, before "Section" insert "(d)"

Page 337, after line 15, insert:

"(e) Section 46, providing for a shared household standard, is effective for MFIP-S applications received on or after January 1, 1999, and for January 1, 1999 and subsequent MFIP-S recertifications."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Goodno et al amendment and the roll was called. There were 73 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kinkel	Molnau	Rostberg	Van Dellen
Anderson, B.	Erickson	Knight	Mulder	Seagren	Vandeveer
Bettermann	Farrell	Knoblach	Munger	Seifert	Weaver
Bishop	Finseth	Kraus	Ness	Smith	Wenzel
Boudreau	Goodno	Krinkie	Nornes	Stanek	Westfall
Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8074
Bradley	Gunther	Kubly	Olson, M.	Stang	Westrom
Broecker	Haas	Kuisle	Osskopp	Sviggum	Wolf
Clark, J.	Harder	Larsen	Ozment	Swenson, H.	Workman
Commers	Holsten	Leppik	Paulsen	Sykora
Daggett	Jennings	Lindner	Pawlenty	Tingelstad
Davids	Johnson, A.	Long	Pelowski	Tompkins
Dehler	Kelso	Mares	Rhodes	Trimble
Dempsey	Kielkucki	McCollum	Rifenberg	Tuma

Those who voted in the negative were:

Anderson, I.	Entenza	Jaros	Mahon	Orfield	Sekhon
Bakk	Evans	Jefferson	Mariani	Osthoff	Skare
Biernat	Folliard	Johnson, R.	Marko	Paymar	Skoglund
Carlson	Garcia	Juhnke	McGuire	Peterson	Slawik
Chaudhary	Greenfield	Kahn	Milbert	Pugh	Solberg
Clark, K.	Greiling	Kalis	Mullery	Rest	Tunheim
Dawkins	Hausman	Koskinen	Murphy	Reuter	Wagenius
Delmont	Hilty	Leighton	Olson, E.	Rukavina	Wejcman
Dorn	Huntley	Lieder	Opatz	Schumacher	Winter

The motion prevailed and the amendment was adopted.

Sviggum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 136, after line 25, insert:

"Sec. 7. [256.028] [HUMAN SERVICES AIDS; CERTIFICATION OF ELIGIBILITY.]

Subdivision 1. [DEFINITIONS.] For purposes of this section:

(1) "state aid" means any human services grant, appropriation, aid, benefit, program, or allocation to a governmental entity for the exclusive benefit of, or that targets or prioritizes benefits to, American Indians. State aid includes, but is not limited to, payments pursuant to sections 245.713; 254A.03; 254A.031; 256J.645; and 257.3571; and chapter 254B; and

(2) "governmental entity" means a state agency, political subdivision, or American Indian tribe or authorized Indian tribal organization, and any of the entity's agencies or instrumentalities.

Subd. 2. [ELIGIBILITY OF STATE AID.] In addition to any other requirements of law providing for state aid, to be eligible for the aid, a governmental entity must certify to the commissioner of human services that the governmental entity meets one of the following conditions:

(1) the direct recipients of the state aid are individuals subject to state income taxes imposed under chapter 290, whether or not the individual is required to file a return or pay taxes under chapter 290;

(3) any net gaming proceeds received by the governmental entity are expended by the governmental entity to benefit the community as a whole, any facilities acquired or constructed with any gaming proceeds of the governmental entity are owned by the governmental entity, and none of the net gaming proceeds of the governmental entity inure to the private benefit of an individual or private entity.

Subd. 3. [APPLICATION.] Application for certification of eligibility for state aid must be made by the governmental entity on the forms prescribed by the commissioner of human services. The application must contain the information required by the commissioner of human services and must contain an agreement signed by an authorized representative of the governmental entity that states that any legal disputes about aid eligibility under this section shall be under the jurisdiction of a state court.

Subd. 4. [FUNDS RELEASED.] (a) If the commissioner determines that a governmental entity meets the requirements of subdivision 2, the commissioner shall certify compliance with this section by the governmental entity to the department or other agency administering the aid, and the aid shall be paid as provided by law.

(b) If the commissioner determines that the governmental entity has not met the requirements of subdivision 2, the commissioner shall certify noncompliance with this section by the governmental entity to the department or other agency administering the aid and, notwithstanding any other law to the contrary, the state aid shall not be paid.

(c) If the commissioner determines that the governmental entity has partially met the requirements of subdivision 2, the commissioner shall certify partial compliance by the governmental entity with this section to the department or other agency administering the aid and, notwithstanding any other law to the contrary, the state aid shall be paid only as follows:

(1) The net gaming proceeds received by the governmental entity is reduced by (i) any distributions of the net gambling proceeds to individuals subject to state income taxes imposed under chapter 290, and (ii) any net gaming proceeds expended under subdivision 2, clause (3).

(2) An amount is calculated equal to the amount of tax that would be imposed on the amount determined in clause (1) at the rate under section 297E.02, subdivision 6, if a tax at that rate were imposed on that amount.

(3) The state aid otherwise provided by law shall be multiplied by the ratio of taxes, in lieu taxes, or contractual payments made by the governmental entity as described in subdivision 2, clause (2), to the amount determined under clause (2) of this paragraph. The ratio may not be greater than 1.

(4) The amount of state aid determined under clause (3) shall be paid as otherwise provided by law."

Page 209, after line 19, insert:

"(i) Section 7 is effective for state aid payable after June 30, 1998."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 62 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Knight	Ness	Seagren	Van Dellen
Anderson, B.	Erhardt	Knoblach	Nornes	Seifert	Vandeveer
Bettermann	Erickson	Kraus	Olson, M.	Smith	Weaver
Bishop	Finseth	Krinkie	Osskopp	Stanek	Westfall
Boudreau	Goodno	Kuisle	Ozment	Stang	Westrom
Bradley	Gunther	Larsen	Paulsen	Sviggum	Wolf
Broecker	Haas	Leppik	Pawlenty	Swenson, H.	Workman
Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8076
Clark, J.	Harder	Lindner	Reuter	Sykora
Commers	Holsten	Mares	Rhodes	Tingelstad
Daggett	Kelso	Molnau	Rifenberg	Tompkins
Davids	Kielkucki	Mulder	Rostberg	Tuma

Those who voted in the negative were:

Anderson, I.	Farrell	Johnson, R.	Marko	Paymar	Trimble
Bakk	Folliard	Juhnke	McCollum	Pelowski	Tunheim
Biernat	Garcia	Kahn	McGuire	Peterson	Wagenius
Carlson	Greenfield	Kalis	Milbert	Pugh	Wejcman
Chaudhary	Greiling	Kinkel	Mullery	Rest	Wenzel
Clark, K.	Hausman	Koskinen	Munger	Rukavina	Winter
Dawkins	Hilty	Kubly	Murphy	Schumacher	Spk. Carruthers
Delmont	Huntley	Leighton	Olson, E.	Sekhon
Dempsey	Jaros	Lieder	Opatz	Skare
Dorn	Jefferson	Long	Orfield	Skoglund
Entenza	Jennings	Mahon	Osthoff	Slawik
Evans	Johnson, A.	Mariani	Otremba, M.	Solberg

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

Olson, M.; Anderson, B.; Rifenberg; Tingelstad; Dehler and Knoblach moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 147, after line 32, insert:

"Sec. 18. Minnesota Statutes 1996, section 256B.0625, is amended by adding a subdivision to read:

Subd. 3a. [GENDER REASSIGNMENT SURGERY.] Gender reassignment surgery and other gender reassignment medical procedures including drug therapy for gender reassignment are not medically necessary."

Renumber the sections in sequence and 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 19 nays as follows:

Those who voted in the affirmative were:

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8077
Abrams	Dorn	Kelso	McCollum	Peterson	Swenson, H.
Anderson, B.	Erhardt	Kielkucki	McGuire	Pugh	Sykora
Anderson, I.	Erickson	Kinkel	Milbert	Rest	Tingelstad
Bakk	Evans	Knight	Molnau	Reuter	Tompkins
Bettermann	Farrell	Knoblach	Mulder	Rhodes	Trimble
Bishop	Finseth	Koskinen	Mullery	Rifenberg	Tuma
Boudreau	Folliard	Kraus	Ness	Rostberg	Tunheim
Bradley	Goodno	Krinkie	Nornes	Schumacher	Van Dellen
Broecker	Gunther	Kubly	Olson, E.	Seagren	Vandeveer
Carlson	Haas	Kuisle	Olson, M.	Seifert	Weaver
Chaudhary	Harder	Larsen	Opatz	Sekhon	Wenzel
Clark, J.	Hasskamp	Leighton	Osskopp	Skoglund	Westfall
Commers	Hilty	Leppik	Osthoff	Slawik	Westrom
Daggett	Holsten	Lieder	Otremba, M.	Smith	Winter
Davids	Jennings	Lindner	Ozment	Solberg	Wolf
Dehler	Johnson, A.	Mahon	Paulsen	Stanek	Workman
Delmont	Johnson, R.	Mares	Pawlenty	Stang	Spk. Carruthers
Dempsey	Juhnke	Marko	Pelowski	Sviggum

Those who voted in the negative were:

Biernat	Garcia	Huntley	Mariani	Skare	Wejcman
Clark, K.	Greenfield	Jaros	Munger	Wagenius
Dawkins	Greiling	Jefferson	Orfield
Entenza	Hausman	Kahn	Rukavina

The motion prevailed and the amendment was adopted.

Farrell was excused between the hours of 7:50 p.m. and 9:10 p.m.

Erickson; Hasskamp; Rifenberg; Daggett; Tompkins; Wenzel; Weaver; Otremba, M.; Clark, J.; Knoblach; Sykora; Goodno and Boudreau moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Article 2, page 74, after line 9, insert:

"Sec. 87. [145.926] [ABSTINENCE EDUCATION GRANT PROGRAM.]

The commissioner of health shall expend federal funds for abstinence education programs provided under United States Code, title 42, section 710, and state matching funds for abstinence education programs only to an abstinence education program that has all of the following components:

(1) the exclusive purpose of teaching the social, psychological, and health gains to be realized by abstaining from sexual activity;

(2) teaching abstinence from sexual activity outside of marriage as the expected standard for all school-age children;

(3) teaching that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems;

(4) teaching that a mutually faithful, monogamous relationship in the context of marriage is the expected standard of human sexual activity;

(5) teaching that sexual activity outside of marriage is likely to have harmful psychological and physical effects;

(7) teaching young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and

(8) teaching the importance of attaining self-sufficiency before engaging in sexual activity."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Erickson et al amendment and the roll was called. There were 109 yeas and 19 nays as follows:

Those who voted in the affirmative were:

Abrams	Dorn	Kielkucki	Milbert	Rest	Tingelstad
Anderson, B.	Erhardt	Kinkel	Molnau	Reuter	Tompkins
Anderson, I.	Erickson	Knight	Mulder	Rhodes	Tuma
Bakk	Evans	Knoblach	Mullery	Rifenberg	Tunheim
Bettermann	Finseth	Koskinen	Murphy	Rostberg	Van Dellen
Biernat	Folliard	Kraus	Ness	Schumacher	Vandeveer
Bishop	Goodno	Krinkie	Nornes	Seagren	Wagenius
Boudreau	Gunther	Kubly	Olson, E.	Seifert	Weaver
Bradley	Haas	Kuisle	Olson, M.	Sekhon	Wenzel
Broecker	Harder	Larsen	Opatz	Skare	Westfall
Carlson	Hasskamp	Leighton	Orfield	Skoglund	Westrom
Chaudhary	Hilty	Leppik	Osskopp	Slawik	Winter
Clark, J.	Holsten	Lieder	Otremba, M.	Smith	Wolf
Commers	Jennings	Lindner	Ozment	Solberg	Workman
Daggett	Johnson, A.	Long	Paulsen	Stanek
Davids	Johnson, R.	Mares	Pawlenty	Stang
Dehler	Juhnke	Marko	Pelowski	Sviggum
Delmont	Kalis	McCollum	Peterson	Swenson, H.
Dempsey	Kelso	McGuire	Pugh	Sykora

Those who voted in the negative were:

Clark, K.	Greenfield	Jaros	Mariani	Rukavina	Wejcman
Dawkins	Greiling	Jefferson	Munger	Trimble
Entenza	Hausman	Kahn	Osthoff
Garcia	Huntley	Mahon	Paymar

The motion prevailed and the amendment was adopted.

Lindner; Clark, J.; Hasskamp and Otremba, M., moved to amend S. F. No. 3346, the second unofficial engrossment , as amended, as follows:

Page 17, line 8, after the period insert:

"Any portion of the comprehensive plan addressing prevention of sexually transmitted diseases or developing strategies for reducing infection must be entirely abstinence based and must only teach that abstinence from sexual activity is the only certain way to avoid sexually transmitted diseases and other associated health problems."

Pawlenty; Wenzel; Clark, J., and Hasskamp moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 31, after line 28, insert:

"Sec. 16. Minnesota Statutes 1996, section 144.343, subdivision 1, is amended to read:

Subdivision 1. [MINOR'S CONSENT VALID.] Any minor may give effective consent for medical, mental and other health services to determine the presence of or to treat pregnancy and conditions associated therewith, venereal disease, alcohol and other drug abuse, and the consent of no other person is required. This section does not preclude parents from having access to the medical records of their unemancipated minor children."

Renumber the sections in sequence and 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 82 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Kielkucki	Murphy	Rifenberg	Trimble
Anderson, B.	Erhardt	Knight	Ness	Rostberg	Tuma
Anderson, I.	Erickson	Knoblach	Nornes	Schumacher	Tunheim
Bakk	Evans	Kraus	Olson, M.	Seagren	Van Dellen
Bettermann	Finseth	Krinkie	Opatz	Seifert	Vandeveer
Boudreau	Goodno	Kubly	Osskopp	Smith	Weaver
Bradley	Gunther	Kuisle	Otremba, M.	Solberg	Wenzel
Broecker	Haas	Larsen	Ozment	Stanek	Westfall
Chaudhary	Harder	Leppik	Paulsen	Stang	Westrom
Clark, J.	Hasskamp	Lindner	Pawlenty	Sviggum	Winter
Commers	Holsten	Mares	Pelowski	Swenson, H.	Wolf
Daggett	Juhnke	Milbert	Peterson	Sykora	Workman
Davids	Kalis	Molnau	Reuter	Tingelstad
Dehler	Kelso	Mulder	Rhodes	Tompkins

Those who voted in the negative were:

Biernat	Folliard	Jefferson	Long	Olson, E.	Skare
Bishop	Garcia	Jennings	Mahon	Orfield	Skoglund
Carlson	Greenfield	Johnson, A.	Mariani	Osthoff	Slawik
Clark, K.	Greiling	Johnson, R.	Marko	Paymar	Wagenius
Dawkins	Hausman	Kinkel	McCollum	Pugh	Wejcman
Delmont	Hilty	Koskinen	McGuire	Rest	Spk. Carruthers
Dorn	Huntley	Leighton	Mullery	Rukavina
Entenza	Jaros	Lieder	Munger	Sekhon

The motion prevailed and the amendment was adopted.

Tompkins; Boudreau; Lindner; Tingelstad; Stanek; Bradley; Vandeveer; Otremba, M.; Wenzel; Davids; Rifenberg; Clark, J.; Bettermann; Sviggum; Kielkucki and Macklin moved to amend S. F. No. 3346 the second unofficial engrossment, as amended, as follows:

"[GRANTS TO MEDICAL CLINICS.] A medical clinic, including its affiliated clinics, that counsels, refers, or performs abortions and that receives federal funds under Public Law Number 91-572, title X of the Public Health Service Act is not eligible for family planning grant funds from the health care access fund. Notwithstanding the provisions of section 10, this section shall not expire."

A roll call was requested and properly seconded.

Greenfield moved to amend the Tompkins et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, line 13, delete everything after the period

Page 1, delete lines 14 to 15

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Tompkins et al amendment, as amended, and the roll was called. There were 73 yeas and 53 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Finseth	Knoblach	Nornes	Schumacher	Van Dellen
Anderson, I.	Goodno	Kraus	Olson, M.	Seagren	Vandeveer
Bettermann	Gunther	Krinkie	Opatz	Seifert	Weaver
Boudreau	Haas	Kubly	Osskopp	Smith	Wenzel
Bradley	Harder	Kuisle	Otremba, M.	Stanek	Westfall
Broecker	Hasskamp	Lieder	Ozment	Stang	Westrom
Clark, J.	Holsten	Lindner	Paulsen	Sviggum	Wolf
Commers	Juhnke	Mares	Pawlenty	Swenson, H.	Workman
Daggett	Kalis	Milbert	Pelowski	Sykora
Davids	Kelso	Molnau	Peterson	Tingelstad
Dehler	Kielkucki	Mulder	Reuter	Tompkins
Dempsey	Kinkel	Murphy	Rifenberg	Tuma
Erickson	Knight	Ness	Rostberg	Tunheim

Those who voted in the negative were:

Abrams	Entenza	Huntley	Leppik	Olson, E.	Skare
Bakk	Erhardt	Jaros	Long	Orfield	Skoglund
Biernat	Evans	Jefferson	Mahon	Osthoff	Slawik
Carlson	Folliard	Jennings	Mariani	Paymar	Trimble
Chaudhary	Garcia	Johnson, A.	Marko	Pugh	Wagenius
Clark, K.	Greenfield	Johnson, R.	McCollum	Rest	Wejcman
Dawkins	Greiling	Kahn	McGuire	Rhodes	Winter
Delmont	Hausman	Koskinen	Mullery	Rukavina	Spk. Carruthers
Dorn	Hilty	Leighton	Munger	Sekhon

Knight, Seagren and Mahon moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 127, line 31, after "practitioners," insert "doctors of chiropractic,"

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 113 yeas and 15 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Erickson	Kelso	McCollum	Paymar	Stanek
Anderson, I.	Evans	Kielkucki	McGuire	Pelowski	Stang
Bakk	Finseth	Kinkel	Milbert	Peterson	Sviggum
Bettermann	Folliard	Knight	Molnau	Pugh	Swenson, H.
Biernat	Garcia	Knoblach	Mullery	Rest	Sykora
Boudreau	Goodno	Koskinen	Munger	Reuter	Tingelstad
Broecker	Gunther	Kraus	Murphy	Rhodes	Tompkins
Carlson	Harder	Krinkie	Ness	Rifenberg	Tuma
Chaudhary	Hasskamp	Kubly	Nornes	Rostberg	Tunheim
Clark, J.	Hausman	Kuisle	Olson, E.	Rukavina	Vandeveer
Clark, K.	Hilty	Larsen	Olson, M.	Schumacher	Weaver
Daggett	Holsten	Leighton	Opatz	Seagren	Wenzel
Davids	Jaros	Leppik	Orfield	Seifert	Westfall
Dawkins	Jefferson	Lieder	Osskopp	Sekhon	Westrom
Dehler	Jennings	Lindner	Osthoff	Skare	Winter
Delmont	Johnson, A.	Long	Otremba, M.	Skoglund	Wolf
Dempsey	Johnson, R.	Mahon	Ozment	Slawik	Workman
Entenza	Juhnke	Mares	Paulsen	Smith	Spk. Carruthers
Erhardt	Kalis	Marko	Pawlenty	Solberg