of the city of Minneapolis shall provide a written summary of unpaid utility statements within ten business days of receipt of a written request for a specified real property title transaction. If a summary is not provided by the utility billing office within the requested time or a previous statement charge is omitted, those charges and the lien under subdivision 1 are not enforceable against third parties who rely upon the summary for real property transaction purposes."

Page 2, line 1, delete everything after "management"

Page 2, delete line 2

Page 2, line 3, delete everything before the period

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

The report was adopted.

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

H. F. No. 436, A bill for an act relating to the environment; modifying requirements relating to certain environmental advisory councils; amending Minnesota Statutes 1996, sections 115A.12; and 473.803, subdivision 4; repealing Minnesota Statutes 1996, section 473.149, subdivision 4.

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

The report was adopted.

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

H. F. No. 718, A bill for an act relating to natural resources; modifying the provisions of the youth corps advisory committee; authorizing the commissioner to make certain contracts and grants; making conservation corps crew services available for natural resources projects; changing the method of allocation of conservation corps crew services; amending Minnesota Statutes 1996, sections 84.0887, subdivision 4, and by adding a subdivision; and 84.99.

Reported the same back with the following amendments:

Page 1, line 16, delete "is exempt from" and insert "expires June 30, 2001."

Page 1, delete lines 17 and 18

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

The report was adopted.

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

on other information; prohibiting prepetition screeners from filing commitment petitions; limiting use of prepetition screening reports in unrelated proceedings; requiring distribution to specified parties; increasing time for return after provisional discharge; modifying provisions governing special review boards; increasing time for hearing appeals; changing provisions for state liens for cost of care; amending Minnesota Statutes 1996, sections 13.42, subdivisions 2 and 3; 55.10, subdivision 4; 246B.01, subdivisions 3 and 4; 253B.01; 253B.02, subdivisions 2, 4, 4a, 7, 9, 13, 14, 15, 18, 18a, 18b, and by adding subdivisions; 253B.03, subdivisions 1, 2, 3, 4, 5, 6, 6b, 7, 8, and by adding a subdivision; 253B.04; 253B.05, subdivisions 1, 2, 3, 4, and by adding a subdivision; 253B.06; 253B.07, subdivisions 1, 2, 2a, 3, 4, 5, 7, and by adding subdivisions; 253B.08, subdivisions 1, 2, 3, 5, and by adding subdivisions; 253B.09, subdivisions 1, 2, 3, 5, and by adding a subdivision; 253B.095; 253B.10; 253B.11, subdivision 2, and by adding a subdivision; 253B.12, subdivisions 1, 3, 4, and by adding a subdivision; 253B.13, subdivisions 1 and 2; 253B.14; 253B.15, subdivisions 1, 1a, 2, 3, 5, 10, and by adding subdivisions; 253B.16, subdivision 1; 253B.17, subdivisions 1 and 3; 253B.18, subdivisions 1, 2, 3, 4, 4a, 4b, 5, 6, 7, 9, 12, 14, 15, and by adding a subdivision; 253B.185, subdivision 4; 253B.19, subdivisions 1, 2, 3, and 5; 253B.20, subdivisions 1, 3, 4, 6, and 7; 253B.21, subdivision 4; 253B.22, subdivision 1; 253B.23, subdivisions 1, 4, 6, 7, and 9; 256.015, subdivisions 1, 2, and 4; 256B.042, subdivisions 1, 2, and 4; 256B.37, subdivision 1; 514.71; 514.980, subdivision 2; 514.981, subdivision 2; 514.982, subdivisions 1 and 2; 514.985; 524.1-201; 524.3-801; 524.3-1004; 524.3-1201; and 524.6-207; proposing coding for new law in Minnesota Statutes, chapter 253B; repealing Minnesota Statutes 1996, sections 253B.03, subdivisions 6c and 9; 253B.05, subdivisions 2a and 5; 253B.07, subdivision 6; 253B.08, subdivisions 4 and 6; 253B.091; 253B.12, subdivisions 5 and 8; 253B.13, subdivision 3; 253B.15, subdivisions 4 and 6; 253B.18, subdivision 4; 253B.21, subdivision 5; and 253B.23, subdivision 1a.

Reported the same back with the following amendments:

Page 13, line 7, after "patient" insert "or an authorization signed by the patient"

Page 17, line 24, delete "under a physician's order"

Page 45, line 14, delete "The"

Page 45, delete lines 15 and 16

Page 45, line 17, delete "proceedings."

Page 47, line 12, delete "case"

Page 47, line 13, delete "manager" and insert "designated agency"

Page 47, line 21, before "A" insert "Unless the proceedings are terminated under subdivision 1, paragraph (e),"

Page 47, line 23, delete "(b)" and insert "(c) or (d)"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 750, A bill for an act relating to human services; establishing a task force to study treatment options for autism.

Reported the same back with the following amendments:

Page 2, line 12, after the period, insert "The task force shall expire June 30, 1999."

With the recommendation that when so amended the bill pass.

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

H. F. No. 816, A bill for an act relating to tax increment financing; allowing the city of East Grand Forks to extend the duration of a tax increment financing district.

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. 829, A bill for an act relating to meetings of governmental bodies; authorizing meetings by electronic means if certain criteria are met; amending Minnesota Statutes 1996, sections 3.055, by adding a subdivision; and 471.705, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 3.055, is amended by adding a subdivision to read:

Subd. 1a. [MEETINGS BY ELECTRONIC MEANS.] (a) A meeting governed by this section may be conducted by interactive television so long as:

(1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; and

(3) at least one member of the body is physically present at the regular meeting location.

(b) Each member of a body participating in a meeting by interactive television is considered present at the meeting for purposes of determining a quorum.

(c) If interactive television is used to conduct a meeting, to the extent practical, a body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the body incurs as a result of the additional connection.

(d) House and senate rules governing notice of meetings shall provide for giving notice that interactive television will be used to conduct a meeting.

Sec. 2. Minnesota Statutes 1996, section 462A.04, subdivision 7, is amended to read:

Subd. 7. [POWERS; QUORUM; VOTING MAJORITY.] (a) The powers of the agency shall be vested in the members thereof in office from time to time and a majority of the members of the agency constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the agency upon a vote of a majority of the members present.

(b) A meeting of the members may be conducted by telephone or other electronic means so long as:

(2) the members participating in the meeting, wherever their physical location, can simultaneously hear and identify each other and hear all discussion presented; and

(3) members of the public present at the location of the meeting can hear all discussion and testimony and the votes and identities of the members.

(c) Participation in a meeting by telephone or other electronic means constitutes presence at the meeting.

Sec. 3. Minnesota Statutes 1996, section 471.705, subdivision 1, is amended to read:

Subdivision 1. [PRESUMPTION OF OPENNESS.] (a) Except as otherwise expressly provided by statute, all meetings, including executive sessions, of any a state agency, board, commission, or department, when required or permitted by law to transact public business in a meeting, and the governing body of any a school district however organized, unorganized territory, county, statutory or home rule city, town, or other public body, and of any committee, subcommittee, board, department, or commission thereof, shall of a public body, must be open to the public, except meetings of the commissioner of corrections. The votes of the members of such the state agency, board, commission, or department or of such the governing body, committee, subcommittee, board, department, or commission on any an action taken in a meeting herein required by this subdivision to be open to the public shall must be recorded in a journal kept for that purpose, and the journal shall must be open to the public during all normal business hours where such records of the public body are kept. The vote of each member shall must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. This section shall does not apply to any a state agency, board, or commission when it is exercising quasi-judicial functions involving disciplinary proceedings.

(b) A meeting governed by this subdivision may be conducted by interactive television so long as:

(1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; and

(3) at least one member of the body is physically present at the regular meeting location.

(c) Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum.

(d) If interactive television is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection.

(e) If interactive television is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location and notice of any site where a member of the public body will be participating in the meeting by interactive television. The timing and method of providing notice must be as described in subdivision 1c."

Amend the title as follows:

Page 1, line 3, delete "electronic means" and insert "interactive television"

Page 1, line 5, after the semicolon, insert "462A.04, subdivision 7;"

With the recommendation that when so amended the bill pass.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 854, A bill for an act relating to telecommunications; authorizing creation of telecommunication services purchasing cooperatives; amending Minnesota Statutes 1996, section 237.065; proposing coding for new law in Minnesota Statutes, chapter 308A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 237.065, is amended to read:

237.065 [RATES FOR SPECIAL SERVICE TO SCHOOLS AND TELECOMMUNICATION SERVICES PURCHASING COOPERATIVES.]

Subdivision 1. [BASIC SERVICES.] Each telephone company, including a company that has developed an incentive plan under section 237.625, that provides local telephone service in a service area that includes a school that has classes within the range from kindergarten to 12th grade shall provide, upon request, additional service to the school that is sufficient to ensure access to basic telephone service from each classroom and other areas within the school, as determined by the school board. Each company shall set a flat rate for this additional service that is less than the company's flat rate for an access line for a business and the same as or greater than the company's flat rate for an access line for a residence in the same local telephone service exchange. When a company's flat rates for businesses and residences are the same, the company shall use the residential rate for service to schools under this section. The rate required under this section is available only for a school that installs additional service that includes access to basic telephone service from each classroom and other areas within the school, as determined by the school board.

Subd. 2. [BASIC AND ADVANCED TELECOMMUNICATION SERVICES.] (a) Notwithstanding the provisions of sections 237.09, 237.14, 237.60, subdivision 3, and 237.74, each telephone company and telecommunications carrier that provides local telephone service in a service area that includes a school that has classes within the range from kindergarten to grade 12 or that includes, a public library, or a telecommunication services purchasing cooperative may provide, upon request, basic and advanced telecommunication services at reduced or no cost to that school or, library, or may provide, upon request, advanced telecommunication services at wholesale rates or no cost to the members of a telecommunication services purchasing cooperative. For purposes of this section, a "telecommunication services purchasing cooperative" means a cooperative organized under section 308A.210. A school or library receiving telecommunications services at reduced or no cost may not resell or sublease the discounted services. No members of a telecommunication services purchasing cooperative may resell or sublease the discounted services. A purchasing cooperative is not required to negotiate or provide a uniform rate for its members. Telecommunications services shall be provided in accordance with Public Law Number 104-104, and the regulations of the Federal Communications Commission adopted under the act.

(b) An agent that provides telecommunications services to a school or library may request the favorable rate on behalf of and for the exclusive benefit of the school or library. The school or library must authorize the agent to make the request of the local telephone company or telecommunications carrier. The telephone company or telecommunications carrier is not required to offer the same price discount to the agent that it would offer to the school district or library. An agent that receives a price discount for telecommunications services on behalf of a school or library may only resell or sublease the discounted services to that school or library.

(c) For the purposes of this subdivision, "school" includes a public school as defined in section 120.05, nonpublic, and church or religious organization schools that provide instruction in compliance with sections 120.101 to 120.102.

Sec. 2. [308A.210] [TELECOMMUNICATION SERVICES PURCHASING COOPERATIVES.]

Subd. 2. [LOCAL GOVERNMENT UNITS.] In addition to others that may form a cooperative, a political subdivision of the state, including a service cooperative created under section 123.582, may act to organize a telecommunication services purchasing cooperative within its jurisdiction for the benefit of its residents.

Subd. 3. [POWERS.] A purchasing cooperative has all of the powers described in section 308A.201, except that a purchasing cooperative does not have the power of eminent domain. A purchasing cooperative is not a telephone or electric cooperative as those terms are used in this chapter and chapters 216B and 237.

Subd. 4. [GOVERNING BOARD.] A board of directors of five to seven members shall govern a telecommunication services purchasing cooperative. The directors must be elected according to the requirements of section 308A.311, except that:

(1) all of the directors must be members of the purchasing cooperative;

(2) a director may not be a provider of services to the cooperative or an employee of the provider;

(3) a director may not be a member of a governing body of a political subdivision; and

(4) a majority of the directors must be seeking to purchase some residential telecommunication services through the cooperative.

Subd. 5. [RESIDENTIAL MEMBERSHIP REQUIREMENT.] In order to ensure that residential customers experience the benefits of cooperative purchasing, at least 50 percent of the total number of entities or individuals who are members of the purchasing cooperative must be seeking to purchase residential telecommunication services through the cooperative. If the telecommunication services purchasing cooperative fails to comply with this subdivision, it shall notify the department of public service and shall have one year from the date of noncompliance to come into compliance. If it does not come into compliance, the telecommunication services purchasing cooperative shall be dissolved and its assets distributed to its members.

Subd. 6. [FILINGS WITH DEPARTMENT OF PUBLIC SERVICE.] A purchasing cooperative must immediately file a copy of its contracts with telecommunication services providers with the department of public service. A purchasing cooperative must file its annual financial statements with the department.

Subd. 7. [OPEN MEMBERSHIP.] Any person within the geographic operating area declared in a cooperative's articles of incorporation or any person within the exchange boundary or service area of a telephone company or telecommunication carrier that in whole or in part is included in the geographic operating area declared in the cooperative's articles of incorporation may become a member of the telecommunication services purchasing cooperative.

Subd. 8. [ADVANCED TELECOMMUNICATION SERVICES; DEFINED.] "Advanced telecommunications service" includes any service that would be classified as a flexibly priced service within the meaning of section 237.761, subdivision 4, or nonprice regulated service within the meaning of section 237.761, subdivision 4, provided that a service may be an advanced telephone service whether or not the telephone company has adopted an alternative rate plan within the meaning of section 237.76."

With the recommendation that when so amended the bill pass.

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 967, A bill for an act relating to gambling; allowing a class B licensee of a class A racetrack conducting horse racing to conduct card club activities; amending Minnesota Statutes 1996, sections 240.01, by adding subdivisions; 240.03; and 240.23; proposing coding for new law in Minnesota Statutes, chapter 240.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 240.01, is amended by adding a subdivision to read:

Sec. 2. Minnesota Statutes 1996, section 240.01, is amended by adding a subdivision to read:

Subd. 25. [CARD PLAYING.] "Card playing" means an activity wherein individuals compete and wager with each other utilizing a 52-unit system comprised of a series of numbers, numbered 2 through 10, and the letters J, Q, K, and A, combined with four symbols commonly known as hearts, diamonds, spades, and clubs, wherein each individual unit constitutes the display of one of the 52 possible combinations. The symbol commonly known as a joker may be incorporated into the system.

Sec. 3. Minnesota Statutes 1996, section 240.01, is amended by adding a subdivision to read:

Subd. 26. [UNBANKED.] "Unbanked" means a wagering system or game where the individual participants compete against each other and not against the sponsor or house. In an unbanked system or game, the sponsor or house may deduct a percentage from the accumulated wagers and impose other charges for hosting the activity, but does not have an interest in the outcome of a game. The sponsor or house may add additional prizes, awards, or money to any game for promotional purposes.

Sec. 4. [240.135] [CARD CLUB REVENUE.]

From the amounts derived from charges authorized under section 240.30, subdivision 4, the licensee shall set aside the amounts specified in this section to be used for purse payments or to be deposited in the breeders fund. These amounts are in addition to the breeders fund and purse requirements set forth elsewhere in this chapter.

(a) For the first $3,000,000 deducted by the licensee in any year, the licensee shall set aside six percent to be used as purses.

(b) For amounts between $3,000,000 and $6,000,000, the licensee shall set aside ten percent to be used as purses.

(c) For amounts in excess of $6,000,000, the licensee shall set aside 14 percent to be used as purses.

(d) From all amounts deducted, the licensee shall set aside one percent to be deposited in the breeders fund. The licensee and the horseperson's organization representing the majority of horsepersons who have raced at the racetrack during the preceding 12 months may negotiate percentages different from those stated in this section if the agreement is in writing and filed with the racing commission.

Sec. 5. [240.30] [CARD CLUBS.]

Subdivision 1. [AUTHORIZATION.] The commission may authorize a class B operator of a class A racetrack to operate a card club and offer card playing services to patrons.

Subd. 2. [SUPERVISION.] The authorized licensee is responsible for conducting and supervising the card games and for providing all necessary equipment, services, and personnel.

Subd. 3. [TYPE OF WAGERING.] All card club wagering activities must be conducted in an unbanked system.

Subd. 4. [CHARGES.] The authorized licensee may charge patrons for card playing services by deducting and retaining money from wagers, by charging a fee based on playing time, or by any other means authorized by the commission.

Subd. 5. [LIMITATION.] The commission shall not allow a licensee to operate a card club unless the licensee has conducted at least 50 days of live racing at a class A facility within the past 12 months or during the preceding calendar year.

Subd. 6. [PLAN OF OPERATION.] (a) The commission shall not authorize a class B licensee to operate a card club unless the licensee has submitted, and the commission approved, a plan of operation for card playing activities. The plan must set forth all necessary details for conducting card playing activities including, among other things:

(1) specifying and defining all card games to be played, including all governing aspects of each game;

(3) amount and method by which participants will be charged for card-playing services;

(4) arrangements to insure the security of card-playing activities;

(5) designation of all licensed employees of the licensee who undertake supervisory positions related to card-playing activities; and

(6) internal control systems for card-playing activities.

(b) The licensee must prepare and make available to all customers a written manual that covers all portions of the current plan of operation. The licensee must also publish, in pamphlet form, a condensed and comprehensive version of the manual and make it available to all customers.

Subd. 7. [AMENDMENTS TO PLAN; VIOLATIONS.] The licensee may amend the plan of operation with the approval of the commission. The commission may withdraw its approval of a plan of operation. Card-playing activities are deemed to be relevant to the integrity of racing in Minnesota. An act of the licensee that is contrary to the licensee's approved plan of operation is deemed to be a violation of an order of the commission for purposes of section 240.26, subdivision 3. An act of the licensee that is contrary to the licensee's approved plan of operation, and any violation of this chapter related to card-playing activities, is deemed to be detrimental to the integrity of racing in Minnesota.

Subd. 8. [LIMITATIONS.] The commission may not approve any plan of operation under subdivision 6 that exceeds any of the following limitations:

(1) the maximum number of tables used for card-playing at the card club at any one time may not exceed 50;

(2) the opening wager by any player in any card game may not exceed $15; and

(3) no single wager that increases the total amount staked in any card game may exceed $30.

Sec. 6. [EFFECTIVE DATE.]

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

Amend the title as follows:

Page 1, line 5, delete "sections" and insert "section" and delete "240.03;"

Page 1, line 6, delete "and 240.23;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

H. F. No. 1082, A bill for an act relating to game and fish; modifying aquatic farm fees and requirements; modifying terms of crop protection assistance; modifying game license fees; modifying commercial fishing fees and requirements; requiring special season Canada goose license; modifying commercial netting provisions; amending Minnesota Statutes 1996, sections 17.4988; 97A.028, subdivisions 1 and 3; 97A.075, subdivision 1; 97A.475; 97A.485, subdivision 6; 97C.501, subdivision 2; 97C.801, subdivision 2; and 97C.835, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1996, sections 97A.475, subdivisions 14, 25, 31, 32, 33, 34, 35, 36, and 37; and 97C.801, subdivision 1.

Reported the same back with the following amendments:

Page 9, line 18, strike "net" and insert "take"

Page 9, line 22, after "nonresidents" insert "seining and netting"

Page 9, lines 24 and 26, after "residents" insert "netting"

Page 9, line 28, delete "on" and insert "seining in"

Page 9, line 30, after "residents" insert "seining, netting, and set lining"

Page 9, line 33, delete "net" and insert "gear"

Page 9, line 34, delete "commercial"

Page 9, line 35, delete "border" and insert "boundary" and delete "Lake of the Woods," and insert "and" and delete ", Sand Point," and insert "Lake"

Page 9, line 36, delete "and Rainy Lake"

Page 10, line 1, delete "commercial"

Page 10, line 2, after "River" insert "as described in section 97C.801, subdivision 2" and delete "border" and insert "boundary"

Page 10, line 6, before "Rainy" insert "and" and delete the second "Lake"

Page 10, line 7, after "Point" insert "lakes"

Page 10, line 10, delete "commercial" and delete "border" and insert "boundary"

Page 14, after line 1, insert:

"Sec. 8. Minnesota Statutes 1996, section 97C.321, subdivision 1, is amended to read:

Subdivision 1. [GENERAL PROHIBITION.] A person may not take fish by angling with a set line or an unattended line except as provided in this section and section 97C.801 Minnesota Rules, part 6266.0600, subpart 4."

Page 14, line 2, delete "8" and insert "9"

Page 14, line 23, delete "9" and insert "10"

Page 15, line 1, after "used" insert "as prescribed by this section and"

Page 15, line 5, after the semicolon, insert "and"

Page 15, line 6, strike "net" and insert "seine" and strike "raised, laid out, or"

Page 15, line 7, strike "; and"

Page 15, lines 8 and 9, delete the new language and strike the old language

Page 15, line 10, strike everything before the period

Page 15, line 15, delete "trawls" and insert "persons" and after "licensed" insert "to use a single trawl"

Page 15, line 21, after "be" insert "immediately"

Page 15, line 23, delete "from the Lake Superior area fisheries office" and insert "by the commissioner"

Page 15, line 27, delete "reported to" and insert "received by"

Page 15, line 32, delete "targeted for the harvest of rainbow smelt and"

Page 16, line 4, delete "11" and insert "12"

Amend the title as follows:

Page 1, line 5, after the semicolon, insert "modifying restrictions on unattended lines;"

Page 1, line 10, after "6;" insert "97C.321, subdivision 1;"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1283, A bill for an act relating to firefighters; authorizing certain background investigations; requiring disclosures of certain employment information; providing civil and criminal penalties; providing employers immunity for certain disclosures; amending Minnesota Statutes 1996, section 604A.31, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299F.

Reported the same back with the following amendments:

Page 2, line 16, before "An" insert "In the absence of fraud or malice,"

Page 2, line 17, after "of" insert "employment"

Page 2, line 18, after "section" insert ", or for any subsequent publication made by the employee or former employee of employment information released to a law enforcement agency under this section"

Page 2, after line 18, insert:

"Subd. 5. [CONFIDENTIALITY AGREEMENTS.] If employment information is subject to a confidentiality agreement between the employee or former employee and the employer, the employer shall disclose the fact that such an agreement exists. If the employee or former employee has authorized the release of employment information without regard to any previous agreement to the contrary, the employer shall also disclose the employment information in accordance with subdivision 2. If employment information is sealed or otherwise subject to a nondisclosure order by a court of competent jurisdiction, the employer shall disclose the fact that such an order exists, along with information identifying the court and court's file number."

Page 2, line 19, delete "5" and insert "6"

Page 2, line 22, before "eligibility" insert "and"

Page 2, line 23, delete everything after "rehire"

Page 2, line 26, delete "regulation"

Page 2, after line 26, insert:

"Subd. 7. [APPLICATION.] For purposes of this section, "employer" does not include an entity that is subject to chapter 13."

Page 2, after line 33, insert:

"Sec. 3. [CITY OF ROCHESTER; PROBATIONARY PERIOD FOR NEW FIREFIGHTERS UNDER CIVIL SERVICE COMMISSION.]

Notwithstanding Minnesota Statutes, section 420.08, to the contrary, in the city of Rochester no newly appointed firefighter, after satisfactory completion of basic firefighter I and II training courses and state certification, and after a period of no longer than 12 months continuous employment thereafter, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in defense of charges as provided in Minnesota Statutes, chapter 420."

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

Page 2, line 35, after the period, insert "Section 3 is effective the day after the governing body of the city of Rochester complies with Minnesota Statutes, section 645.021, subdivision 3."

Amend the title as follows:

Page 1, line 6, after the semicolon, insert "changing the probationary period for new firefighters in the city of Rochester under the firefighters civil service commission;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 1287, A bill for an act relating to consumer protection; regulating interest payments on utility deposits; amending Minnesota Statutes 1996, section 325E.02.

Reported the same back with the following amendments:

Page 1, line 17, before "three" insert "not less than"

With the recommendation that when so amended the bill pass.

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 1370, A bill for an act relating to excavation notification; requiring notice of underground facilities in drawings for bid specifications or plans; providing a penalty; amending Minnesota Statutes 1996, sections 216D.04, by adding a subdivision; and 216D.08, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 216D.04, is amended by adding a subdivision to read:

contract the information obtained from the affected operators on the type, size, and general location of underground facilities. This information must be obtained not more than 90 days before completion of the final drawing used for the bid or contract. This subdivision does not apply to routine maintenance and service line installations and other projects for which drawings and plans are not usually done.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective July 1, 1997, and applies to bids, contracts, and drawings which occur on or after that date."

Amend the title as follows:

Page 1, line 4, delete "providing a penalty;"

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

Page 1, line 6, delete "; and 216D.08, subdivision 1"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1380, A bill for an act relating to capital improvements; transferring responsibility for a family practice residency program from the city of Duluth to the Duluth economic development authority; amending Laws 1996, chapter 463, section 24, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 12, reinstate the stricken "city of"

Page 1, line 13, delete "economic development authority"

Page 2, line 1, delete "sell,"

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "authorizing"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1663, A bill for an act relating to Lake county; providing for the establishment of a redevelopment project area and redevelopment tax increment financing districts to finance certain costs of wastewater collection and treatment facilities.

Reported the same back with the following amendments:

Page 2, delete line 12

Page 2, line 15, delete "(d)" and insert "(c)"

Page 2, line 22, delete "(e)" and insert "(d)"

Page 2, line 29, delete "(f)" and insert "(e)"

Page 2, line 30, delete "(g)" and insert "(f)"

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1692, A resolution memorializing Congress to recognize Earth Day as a national day of service and education.

Reported the same back with the following amendments:

Page 1, delete lines 4 to 24 and insert:

"Whereas, protection of the environment we live in is of vital importance to the people of Minnesota and the United States; and

Whereas, each person has a right to clean and healthful air and water, and wise public management of our natural resources, which may not be infringed upon by other persons; and

Whereas, as a renewal to a pledge of environmental commitment, and a public demonstration of the people's common voice for the earth; and

Whereas, Minnesota has demonstrated and acknowledged its commitment to the environment by the enactment of many strong environmental laws since the original Earth Day; Now, Therefore,

Be It Resolved by the Legislature of the State of Minnesota that it urges the United States Congress to act to establish Earth Day, April 22, as a national day of environmental service and education and that Earth Day, April 22, is established as a state day of environmental service and education;

Be It Further Resolved that the Secretary of State of Minnesota transmit enrolled copies of this memorial to the President of the United States, the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, and to Minnesota's Senators and Representatives in Congress."

Page 2, delete line 1

Delete the title and insert:

"A resolution memorializing Congress to recognize Earth Day as a national day of environmental service and education and establishing Earth Day as a state day of environmental service and education."

With the recommendation that when so amended the bill pass.

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

H. F. No. 1732, A bill for an act relating to the city of New Brighton; authorizing creation of certain tax increment districts in the city.

Reported the same back with the following amendments:

Page 2, line 1, delete "273.1399,"

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1750, A bill for an act relating to natural resources; extending permits for timber sales that expire in 1997.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1838, A bill for an act relating to protection of agricultural crops; allowing a pilot program for emergency deer feeding; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [PILOT PROGRAM; CONTROL OF CROP DEPREDATION BY DEER OR MIGRATORY WATERFOWL.]

Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner of natural resources shall establish a pilot program to assist agricultural producers whose agricultural crops or stored livestock feed are damaged or destroyed by wildlife. The program must provide grants for the acquisition and/or installation of wildlife deterrent devices.

(b) For purposes of this section, wildlife means deer or migratory waterfowl; deterrent devices means fences, materials, or practices at least as effective as fences.

(c) The commissioner, in cooperation with the commissioner of agriculture, shall prepare and distribute within each agricultural county forms for reporting crop depredation incidents and applications for crop depredation grants.

Subd. 2. [BENEFITS TO PROPERTY OWNERS, TENANTS.] (a) An eligible property owner or tenant may receive one or more grants, up to a maximum lifetime limit of $3,000, for deterrent devices to protect agricultural crops or stored livestock feed from damage or destruction by wildlife.

Subd. 3. [ELIGIBILITY FOR PARTICIPATION.] A property owner or tenant desiring to participate in the wildlife depredation grant program must agree to:

(1) annually provide one or more planted wildlife food plots having a combined area of five acres or more;

(2) maintain the fencing or deterrent devices as appropriate and provide secure storage for the devices during seasons or periods when not in use; and

(3) return the deterrent devices to an agent of the commissioner of natural resources or the commissioner of agriculture when the need no longer exists to provide protection from crop depredation, either from changes in the agricultural practices on the property or from mitigation of wildlife depreciation concerns in the area.

Subd. 4. [PROGRAM FOR MIGRATORY WATERFOWL.] A property owner or tenant is eligible for a grant under the crop depredation program for damage caused by migratory waterfowl if:

(1) the property is located in a migratory waterfowl flyway as recognized by the commissioner of natural resources; and

(2) the depredation occurs during the spring crop growing season or during the fall agricultural crop harvest season.

Subd. 5. [PROGRAM FOR DEER.] A property owner or tenant is eligible for a grant under the crop depredation program for damage caused by deer if:

(1) the depredation occurs during winter months;

(2) the depredation occurs within a winter feeding range recognized by the commissioner of natural resources; and

(3) the commissioner has received five or more filed complaints of crop or stored feed damage by deer within the township where the property is located.

Sec. 2. [APPROPRIATION.]

$. . . . . . . is appropriated from the general fund to the commissioner of natural resources for the biennium ending June 30, 1999, for the wildlife depredation grant program under section 1."

Delete the title and insert:

"A bill for an act relating to protection of agricultural crops; establishing a pilot program to control crop depredation by deer or migratory waterfowl; appropriating money."

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

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 1879, A bill for an act relating to nuclear waste; requiring the commissioner of public service to collect and hold in escrow funds for the disposal of high-level radioactive waste.

Reported the same back with the following amendments:

Page 1, line 8, delete "shall" and insert "may"

Page 1, after line 19, insert:

"This section is intended to enable the state of Minnesota to adopt or implement any appropriate relief granted by a court of competent jurisdiction for the United States Department of Energy breach of its obligations to dispose of commercial spent nuclear fuel not later than January 31, 1998.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective July 1, 1997."

With the recommendation that when so amended the bill pass.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1908, A bill for an act relating to natural resources; restricting the production of planting stock by the commissioner of natural resources; requiring public disclosure of information relating to the commissioner's production of planting stock; amending Minnesota Statutes 1996, sections 89.35, subdivision 1; 89.36, subdivision 1, and by adding a subdivision; and 89.37, subdivisions 3, 3a, and by adding a subdivision.

Reported the same back with the following amendments:

Page 2, line 31, after "seedlings" insert ", woody cuttings,"

Page 3, delete section 5

Page 3, line 30, delete "6" and insert "5"

Page 3, line 32, delete everything after the headnote and insert "All promotional materials for public cost-share programs for tree planting shall address the eligibility of private nursery planting stock."

Page 3, delete lines 33 to 36

Amend the title as follows:

Page 1, line 8, delete "subdivisions" and insert "subdivision"

Page 1, line 9, delete "3a,"

With the recommendation that when so amended the bill pass.

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 1925, A bill for an act relating to energy; establishing a pilot program allowing increased state participation in loans for farm wind energy conversion facilities; providing an incentive for certain wind energy facilities; regulating contracts used to satisfy a wind power mandate; amending Minnesota Statutes 1996, sections 216B.2423, by adding a subdivision; and 216C.41, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 17, delete "that" and after the period, insert ", and before July 1, 1999"

Page 2, line 18, delete "and" and insert "or"

Page 2, line 19, delete "for the period" and insert "begins generating electricity"

Page 2, line 20, after "rating" insert a comma

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

The report was adopted.

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

H. F. No. 2027, A bill for an act relating to the city of Saint Paul; authorizing a program for the disconnection of rainleaders and repair of defective sanitary sewer connections and the charging or assessment of costs for the program and the issuance of general or special obligations to pay the costs of the program.

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

The report was adopted.

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

S. F. No. 227, A bill for an act relating to local government; providing for the distribution of certain federal payments; amending Minnesota Statutes 1996, section 471.653.

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

The report was adopted.

H. F. Nos. 255, 317, 428, 436, 718, 735, 750, 829, 854, 967, 1283, 1287, 1370, 1380, 1692, 1879 and 1908 were read for the second time.

S. F. Nos. 1684 and 227 were read for the second time.

The following House Files were introduced:

Tomassoni, Solberg and Murphy introduced:

H. F. No. 2127, A bill for an act relating to education; appropriating money for a Northeast Minnesota telecommunications access grant.

Rest, Abrams, Dawkins, Erhardt and Wejcman introduced:

H. F. No. 2128, A bill for an act relating to taxation; dedicating a portion of the sales tax revenue for distributions as aids to cities and counties; eliminating payment of homestead and agricultural credit aid to towns, cities, and counties; amending Minnesota Statutes 1996, sections 273.1398, subdivisions 1, 2, and 6; and 297A.44, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 477A.

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

Peterson, Tunheim, Goodno, Kubly and Holsten introduced:

H. F. No. 2129, A bill for an act relating to flood relief; appropriating money.

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

Dawkins introduced:

H. F. No. 2130, A bill for an act relating to taxation; providing a low-income housing tax credit; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Juhnke, Kubly, Tomassoni, Otremba and Hilty introduced:

H. F. No. 2131, A bill for an act relating to taxation; proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with local property taxes; providing for school funding; appropriating money; amending Minnesota Statutes 1996, sections 124.2131, subdivision 1; 124A.02, subdivision 8; 124A.03, by adding a subdivision; 124A.22, subdivision 1; 124A.23, subdivision 1; 275.065, subdivision 3; 275.08, subdivision 1b; 276.04, subdivision 2; 276A.01, subdivision 5; 276A.06, subdivision 3; 473F.02, subdivision 5; and 473F.08, subdivision 3; repealing Minnesota Statutes 1996, sections 124A.22, subdivisions 4a, 4b, 8a, 8b, 13d, and 13e; and 124A.23, subdivisions 2, 3, and 4.

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

Tunheim, Long, Goodno, Kubly and Johnson, R., introduced:

H. F. No. 2132, A bill for an act relating to taxation; providing an extension of time to file and pay certain state taxes for residents in a flood disaster area.

The bill was read for the first time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Tunheim and Long moved that the rule therein be suspended and an urgency be declared so that H. F. No. 2132 be given its second and third readings and be placed upon its final passage. The motion prevailed.

Tunheim and Long moved that the Rules of the House be so far suspended that H. F. No. 2132 be given its second and third readings and be placed upon its final passage. The motion prevailed.

Tunheim moved to amend H. F. No. 2132 as follows:

Page 1, delete lines 20 to 25

Page 2, line 2, delete ", and"

Page 2, delete line 3

Page 2, line 4, delete "individual,"

Page 2, delete lines 9 to 17

Renumber the subdivisions in sequence

The motion prevailed and the amendment was adopted.

H. F. No. 2132, A bill for an act relating to taxation; providing an extension of time to file and pay certain state taxes for residents in a flood disaster area.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

The following House Files were introduced:

Larsen, Finseth, Schumacher, Mariani and Marko introduced:

H. F. No. 2133, A bill for an act relating to taxation; providing an extension of time to file and pay certain state taxes for residents in a flood disaster area.

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

Dorn, Vickerman, Peterson, Westfall and Mahon introduced:

H. F. No. 2134, A bill for an act relating to taxation; providing an extension of time to file and pay certain state taxes for residents in a flood disaster area.

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

Lieder and Kelso introduced:

H. F. No. 2135, A bill for an act relating to taxation; providing an extension of time to file and pay certain state taxes for residents in a flood disaster area.

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

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 293, A bill for an act relating to taxation; making technical and administrative changes and corrections; amending Minnesota Statutes 1996, sections 60A.15, subdivision 2a; 60E.04, subdivision 4; 69.021, subdivision 2; 270.07, subdivision 3; 272.02, subdivision 4; 272.04, subdivision 1; 273.032; 273.124, subdivisions 1 and 13; 273.1392; 273.1398, subdivision 1; 275.011, subdivision 1; 275.065, subdivision 3; 275.295, subdivision 3; 276A.01, subdivision 7; 277.21, subdivision 3; 287.22; 289A.01; 289A.08, subdivision 11; 289A.09, subdivision 2; 289A.10, subdivision 1; 289A.11, subdivision 1; 289A.18, subdivision 2; 289A.19, subdivisions 1, 2, 3, and 4; 289A.35; 289A.38, subdivision 7; 289A.65, subdivision 1; 290.01, subdivisions 2 and 4a; 290.06, subdivision 22; 290.17, subdivision 2; 290.92, subdivision 24; 290A.04, subdivision 6; 295.50, subdivisions 3, 4, 7, 13, and by adding a subdivision; 295.51, subdivision 1; 295.52, subdivision 1b; 295.53, subdivisions 1, 3, and 5; 295.54, subdivision 1; 295.582; 297A.01, subdivision 1; 297A.09; 297A.12; 297A.14, subdivision 4; 297A.22; 297A.23; 297A.25, subdivisions 1, 2, 3, 6, 8, 9, 11, 16, 17, 18, 19, 20, 21, 23, 26, 27, 28, 29, 30, 34, 35, 38, 39, 40, 41, 42, 43, 46, 49, 51, 52, 53, 57, and 61; 297A.256, subdivision 1; 297A.44, subdivision 1; 297B.03; 297B.035, subdivision 3; 297B.11; 299F.21, subdivision 2; 414.033, subdivisions 7 and 12; 469.177, subdivision 9; 473.388, subdivision 7; and 473F.02, subdivision 7.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 538, A bill for an act memorializing Congress to support legislative initiatives to mitigate the economic competition among the states that has resulted from the adoption of targeted business incentive programs.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 1675, 535, 1116, 199, 420, 1071 and 291.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1675, A resolution memorializing the strawberry industry to recognize and respect the rights of strawberry workers.

The bill was read for the first time.

Jefferson moved that S. F. No. 1675 and H. F. No. 1877, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 535, A bill for an act relating to the metropolitan council; providing for service redesign and employee compensation for exceeding redesign plan goals; establishing a pilot project for greater efficiency in the provision of metropolitan council services; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time.

McElroy moved that S. F. No. 535 and H. F. No. 680, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1116, A bill for an act relating to Hennepin county; allowing use of certain county facilities for commercial wireless service providers and allowing the lease of sites for public safety communication equipment; amending Minnesota Statutes 1996, section 383B.255, subdivision 1, and by adding a subdivision.

The bill was read for the first time.

Mullery moved that S. F. No. 1116 and H. F. No. 971, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

169.71, subdivision 4; and 524.1-201; proposing coding for new law as Minnesota Statutes, chapter 149A; repealing Minnesota Statutes 1996, sections 145.14; 145.15; 145.16; 145.162; 145.163; 145.24; 149.01; 149.02; 149.03; 149.04; 149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13; 149.14; and 149.15; Minnesota Rules, parts 4610.0400; 4610.0410; 4610.0700; 4610.0800; 4610.0900; 4610.1000; 4610.1100; 4610.1200; 4610.1300; 4610.1500; 4610.1550; 4610.1600; 4610.1700; 4610.1800; 4610.1900; 4610.2000; 4610.2200; 4610.2300; 4610.2400; 4610.2500; 4610.2600; and 4610.2700.

The bill was read for the first time.

Davids moved that S. F. No. 199 and H. F. No. 367, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 420, A bill for an act relating to state agencies; modifying department of administration authority for elevator regulation, the building code, leases, and other administrative matters; modifying licensure provisions for manufactured home installers; amending Minnesota Statutes 1996, sections 16B.24, subdivisions 6 and 6a; 16B.482; 16B.49; 16B.50; 16B.54, subdivision 8; 16B.72; 16B.73; 16B.747, subdivision 3; and 326.841; Laws 1996, chapter 463, section 13, subdivision 7; repealing Minnesota Statutes 1996, sections 15.171; 15.172; 15.173; 15.174; and 16B.88, subdivision 6.

The bill was read for the first time.

Knight moved that S. F. No. 420 and H. F. No. 1134, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1071, A bill for an act relating to local government; authorizing removal and reinterment of bodies in the city of Luverne.

The bill was read for the first time.

Winter moved that S. F. No. 1071 and H. F. No. 1257, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 291, A bill for an act relating to tourism; modifying requirements relating to expenditure of tourism money; amending Minnesota Statutes 1996, section 116J.615, subdivision 1.

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

Upon objection of ten members, H. F. No., 1409 was stricken from the Consent Calendar and placed on General Orders.

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

Slawik was excused between the hours of 5:10 p.m. and 6:55 p.m.

Farrell was excused between the hours of 5:10 p.m. and 7:30 p.m.

On the motion of Winter and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

S. F. No. 1052, A bill for an act relating to state lands; authorizing the board of trustees of Minnesota state colleges and universities to convey certain land.

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.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 114 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Juhnke	Mares	Paulsen	Sviggum
Anderson, B.	Evans	Kahn	Mariani	Paymar	Swenson, D.
Anderson, I.	Finseth	Kalis	Marko	Pelowski	Swenson, H.
Bakk	Folliard	Kielkucki	McCollum	Pugh	Sykora
Bettermann	Garcia	Kinkel	McElroy	Rest	Tingelstad
Journal of the House - 36th Day - Top of Page 1868
Biernat	Goodno	Knight	McGuire	Reuter	Tomassoni
Bishop	Greiling	Knoblach	Milbert	Rhodes	Tompkins
Boudreau	Gunther	Koppendrayer	Molnau	Rifenberg	Trimble
Bradley	Haas	Koskinen	Mulder	Rostberg	Tuma
Carlson	Harder	Kraus	Mullery	Rukavina	Tunheim
Clark	Hasskamp	Krinkie	Munger	Schumacher	Van Dellen
Commers	Hausman	Kubly	Murphy	Seagren	Vickerman
Daggett	Hilty	Kuisle	Nornes	Seifert	Weaver
Davids	Huntley	Leighton	Olson, E.	Sekhon	Wejcman
Dawkins	Jaros	Leppik	Olson, M.	Skare	Westfall
Dehler	Jefferson	Lieder	Opatz	Skoglund	Westrom
Delmont	Jennings	Lindner	Orfield	Solberg	Winter
Dempsey	Johnson, A.	Long	Osskopp	Stanek	Wolf
Dorn	Johnson, R.	Luther	Otremba	Stang	Spk. Carruthers

The bill was passed and its title agreed to.

H. F. No. 614 was reported to the House.

Skoglund moved that H. F. No. 614 be continued on the Consent Calendar. The motion prevailed.

H. F. No. 1880, A bill for an act relating to reemployment compensation; providing less frequent payment schedules for certain employers; providing for noncharging of benefits in certain situations; proposing coding for new law in Minnesota Statutes, chapter 268.

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.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 113 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

S. F. No. 305, A bill for an act relating to civil actions; modifying and clarifying provisions governing lawsuits by prison inmates; amending Minnesota Statutes 1996, sections 244.035; and 563.02, subdivision 3.

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.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 120 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

Abrams moved that the call of the House be suspended. The motion prevailed and it was so ordered.

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 the Speaker.

On the motion of Winter and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Winter, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

H. F. Nos. 1301, 1909, 556, 686, 1314, 1123 and 1877.

H. F. No. 1301, A bill for an act relating to local government; defining the department's classified service under a merged Saint Paul and Ramsey county department of public health; amending Minnesota Statutes 1996, section 383A.288, subdivisions 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.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Evans	Kelso	Mariani	Paulsen	Sviggum
Anderson, I.	Finseth	Kielkucki	Marko	Pawlenty	Swenson, H.
Bakk	Folliard	Kinkel	McCollum	Paymar	Sykora
Bettermann	Garcia	Knight	McElroy	Pelowski	Tingelstad
Biernat	Goodno	Knoblach	McGuire	Peterson	Tomassoni
Boudreau	Greenfield	Koppendrayer	Milbert	Pugh	Trimble
Bradley	Greiling	Koskinen	Molnau	Rest	Tuma
Broecker	Gunther	Kraus	Mulder	Reuter	Tunheim
Carlson	Haas	Krinkie	Mullery	Rhodes	Van Dellen
Chaudhary	Harder	Kubly	Munger	Rifenberg	Vickerman
Clark	Hasskamp	Kuisle	Murphy	Rostberg	Wagenius
Commers	Hausman	Larsen	Ness	Rukavina	Weaver
Daggett	Hilty	Leighton	Nornes	Schumacher	Wejcman
Davids	Huntley	Leppik	Olson, E.	Seagren	Westfall
Dawkins	Jefferson	Lieder	Olson, M.	Seifert	Westrom
Dehler	Jennings	Lindner	Opatz	Sekhon	Winter
Delmont	Johnson, A.	Long	Orfield	Skare	Wolf
Dempsey	Johnson, R.	Luther	Osskopp	Skoglund	Spk. Carruthers
Journal of the House - 36th Day - Top of Page 1871
Dorn	Juhnke	Macklin	Osthoff	Slawik
Entenza	Kahn	Mahon	Otremba	Smith
Erhardt	Kalis	Mares	Ozment	Solberg

The bill was passed and its title agreed to.

H. F. No. 1909 was reported to the House.

Erhardt moved that H. F. 1909 be returned to General Orders. The motion prevailed.

H. F. No. 556 was reported to the House.

Hasskamp, Schumacher and Winter moved to amend H. F. No. 556, the second engrossment, as follows:

Page 14, after line 5, insert:

"Sec. 12. Minnesota Statutes 1996, section 145.411, is amended by adding a subdivision to read:

Subd. 6. [COMMISSIONER.] "Commissioner" means the commissioner of health.

Sec. 13. [145.4131] [RECORDING AND REPORTING ABORTION DATA.]

Subdivision 1. [FORMS.] (a) Within 90 days of the effective date of this section, the commissioner shall prepare a reporting form for physicians performing abortions. A copy of this section shall be attached to the form. A physician performing an abortion shall obtain a form from the commissioner.

(b) The form shall require the following information:

(1) the number of abortions performed by the physician in the previous calendar year, reported by month;

(2) the method used for each abortion;

(3) the approximate gestational age of each child subject to abortion, expressed in one of the following increments:

(i) less than nine weeks;

(iii) 11 to 12 weeks;

(iv) 13 to 15 weeks;

(v) 16 to 20 weeks;

(vi) 21 to 24 weeks;

(vii) 25 to 30 weeks;

(viii) 31 to 36 weeks; or

(ix) 37 weeks to term;

(4) the age of the mother on whom the abortion was performed at the time the abortion was performed;

(5) the specific reason for the abortion, including, but not limited to, the following:

(i) the pregnancy was a result of rape;

(ii) the pregnancy was a result of incest;

(iii) the mother cannot afford the child;

(iv) the mother does not want the child;

(v) the mother's emotional health is at stake;

(vi) the mother will suffer substantial and irreversible impairment of a major bodily function if the pregnancy continues; or

(vii) other;

(6) whether the abortion was paid for by:

(i) private insurance;

(ii) a public health plan; or

(iii) another form of payment;

(7) whether coverage was under:

(i) a fee-for-service insurance company;

(ii) a managed care company; or

(iii) another type of health carrier;

(8) complications, if any, for each abortion and for the aftermath of each abortion. Space for a description of any complications shall be available on the form;

(9) the fee collected for each abortion;

(11) the method used to dispose of fetal tissue and remains;

(12) the medical specialty of the physician performing the abortion; and

(13) whether the physician performing the abortion has had a physician's license suspended or revoked or has had other professional sanctions in this or another state.

Subd. 2. [SUBMISSION.] A physician performing an abortion shall complete and submit the form to the commissioner no later than April 1 for abortions performed in the previous calendar year.

Subd. 3. [ADDITIONAL REPORTING.] Nothing in this section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortions.

Sec. 14. [145.4132] [RECORDING AND REPORTING ABORTION COMPLICATION DATA.]

Subdivision 1. [FORMS.] (a) Within 90 days of the effective date of this section, the commissioner shall prepare an abortion complication reporting form for all physicians licensed and practicing in the state. A copy of this section shall be attached to the form.

(b) The board of medical practice shall ensure that the abortion complication reporting form is distributed:

(1) to all physicians licensed to practice in the state, within 120 days after the effective date of this section and by December 1 of each subsequent year; and

(2) to a physician who is newly licensed to practice in the state, at the same time as official notification to the physician that the physician is so licensed.

Subd. 2. [REQUIRED REPORTING.] A physician licensed and practicing in the state who encounters an illness or injury that is related to an induced abortion shall complete and submit an abortion complication reporting form to the commissioner.

Subd. 3. [SUBMISSION.] A physician required to submit an abortion complication reporting form to the commissioner shall do so as soon as practicable after the encounter with the abortion related illness or injury, but in no case more than 60 days after the encounter.

Subd. 4. [ADDITIONAL REPORTING.] Nothing in this section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortion complications.

Sec. 15. [145.4133] [REPORTING OUT-OF-STATE ABORTIONS.]

The commissioner of human services shall report to the commissioner by April 1 each year the following information regarding abortions paid for with state funds and performed out of state in the previous calendar year:

(1) the total number of abortions performed out of state and partially or fully paid for with state funds through the medical assistance, general assistance medical care, or MinnesotaCare program or any other program;

(2) the total amount of state funds used to pay for the abortions and expenses incidental to the abortions; and

(3) the gestational age of each unborn child at the time of abortion.

Sec. 16. [145.4134] [COMMISSIONER'S PUBLIC REPORT.]

performed or having had an abortion. All data included on the forms under sections 145.4131 to 145.4133 must be included in the public report. The commissioner shall submit the report to the senate health care committee and the house health and human services committee.

(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates established under sections 145.4131 to 145.4133 for administrative convenience, fiscal savings, or other valid reason, provided that physicians and the commissioner of health submit the required information once each year and the commissioner issues a report once each year.

Sec. 17. [145.4135] [ENFORCEMENT; PENALTIES.]

(a) A physician who fails to submit the required forms under sections 145.4131 and 145.4132 within 30 days following the due date is subject to a late fee of $500 for each 30-day period, or portion thereof, that the forms are overdue. A physician required to report under this section who does not submit a report, or submits only an incomplete report, more than one year following the due date, may be fined and, in an action brought by the commissioner, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt.

(b) If the commissioner fails to issue the public report required under this section, or fails in any way to enforce this section, a group of ten or more citizens of the state may seek an injunction in a court of competent jurisdiction against the commissioner requiring that a complete report be issued within a period stated by court order or requiring that enforcement action be taken. Failure to abide by an injunction shall subject the commissioner to sanctions for civil contempt.

(c) A physician who knowingly or recklessly submits a false report under this section is guilty of a misdemeanor.

(d) The commissioner may take reasonable steps to ensure compliance with sections 145.4131 to 145.4133 and to verify data provided, including but not limited to inspection of places where abortions are performed in accordance with chapter 14.

Sec. 18. [145.4136] [SEVERABILITY.]

If any one or more provision, section, subsection, sentence, clause, phrase, or word of sections 145.4131 to 145.4135, or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of sections 145.4131 to 145.4135 shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed sections 145.4131 to 145.4135, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional."

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 Hasskamp et al amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 79 yeas and 52 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Haas	Kuisle	Nornes	Schumacher	Tunheim
Anderson, I.	Harder	Larsen	Olson, E.	Seagren	Van Dellen
Bettermann	Hasskamp	Lieder	Olson, M.	Seifert	Vickerman
Boudreau	Juhnke	Lindner	Opatz	Smith	Weaver
Journal of the House - 36th Day - Top of Page 1875
Bradley	Kalis	Macklin	Osskopp	Solberg	Westfall
Broecker	Kelso	Mahon	Otremba	Stanek	Westrom
Commers	Kielkucki	Mares	Ozment	Stang	Winter
Daggett	Kinkel	McElroy	Paulsen	Sviggum	Wolf
Davids	Knight	Milbert	Pawlenty	Swenson, D.	Workman
Dehler	Knoblach	Molnau	Pelowski	Swenson, H.
Dempsey	Koppendrayer	Mulder	Peterson	Sykora
Finseth	Kraus	Mullery	Reuter	Tingelstad
Goodno	Krinkie	Murphy	Rifenberg	Tompkins
Gunther	Kubly	Ness	Rostberg	Tuma

Those who voted in the negative were:

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

The motion prevailed and the amendment was adopted.

Seagren moved to amend H. F. No. 556, the second engrossment, as amended, as follows:

Page 14, delete section 12

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 Seagren amendment and the roll was called. There were 71 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Abrams	Farrell	Knoblach	Milbert	Pugh	Swenson, H.
Anderson, B.	Finseth	Koppendrayer	Molnau	Reuter	Sykora
Bettermann	Greiling	Kraus	Mulder	Rhodes	Tingelstad
Bishop	Gunther	Krinkie	Murphy	Rifenberg	Tompkins
Boudreau	Haas	Kubly	Ness	Schumacher	Tuma
Bradley	Harder	Kuisle	Nornes	Seagren	Van Dellen
Broecker	Hasskamp	Larsen	Olson, M.	Seifert	Weaver
Commers	Holsten	Leppik	Osskopp	Smith	Westfall
Daggett	Juhnke	Lindner	Osthoff	Stanek	Westrom
Davids	Kalis	Macklin	Ozment	Stang	Wolf
Dehler	Kielkucki	Mares	Paulsen	Sviggum	Workman
Dempsey	Knight	McElroy	Pawlenty	Swenson, D.

Those who voted in the negative were:

Anderson, I.	Evans	Johnson, A.	Mariani	Pelowski	Trimble
Bakk	Folliard	Johnson, R.	Marko	Peterson	Tunheim
Biernat	Garcia	Kahn	McCollum	Rest	Vickerman
Carlson	Goodno	Kelso	McGuire	Rostberg	Wagenius
Chaudhary	Greenfield	Kinkel	Mullery	Rukavina	Wejcman
Clark	Hausman	Koskinen	Munger	Sekhon	Winter
Dawkins	Hilty	Leighton	Olson, E.	Skare	Spk. Carruthers
Delmont	Huntley	Lieder	Opatz	Skoglund
Dorn	Jaros	Long	Orfield	Slawik
Entenza	Jefferson	Luther	Otremba	Solberg
Erhardt	Jennings	Mahon	Paymar	Tomassoni

The motion prevailed and the amendment was adopted.

H. F. No. 556, A bill for an act relating to health; permitting health data institute access to certain data; defining terms for vital statistics; modifying lead inspection provisions; modifying provisions for unique identifiers for health care providers, group purchasers, and patients; modifying birth data provisions; limiting access to certified copies of birth and death certificates; requiring standardized format for birth and death certificates; extending date of commissioner's access to fetal, infant, and maternal death data; amending Minnesota Statutes 1996, sections 62J.451, subdivision 6c; 62J.54; 144.212, by adding subdivisions; 144.215, by adding subdivisions; 144.225, by adding subdivisions; 144.9504, subdivision 2; and 145.90, subdivision 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 102 yeas and 31 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Farrell	Kelso	Milbert	Pelowski	Sviggum
Anderson, I.	Finseth	Kielkucki	Molnau	Peterson	Swenson, D.
Bettermann	Garcia	Kinkel	Mulder	Pugh	Swenson, H.
Biernat	Goodno	Knoblach	Mullery	Reuter	Sykora
Bishop	Greenfield	Koppendrayer	Munger	Rhodes	Tingelstad
Boudreau	Greiling	Kraus	Murphy	Rifenberg	Tomassoni
Bradley	Gunther	Kubly	Ness	Rostberg	Tompkins
Broecker	Haas	Kuisle	Nornes	Schumacher	Trimble
Commers	Harder	Larsen	Olson, E.	Seagren	Tuma
Daggett	Hasskamp	Lieder	Olson, M.	Seifert	Tunheim
Davids	Huntley	Luther	Opatz	Sekhon	Van Dellen
Dehler	Jefferson	Macklin	Osskopp	Skare	Vickerman
Delmont	Jennings	Mahon	Otremba	Slawik	Weaver
Dempsey	Johnson, A.	Mares	Ozment	Smith	Westfall
Dorn	Johnson, R.	Marko	Paulsen	Solberg	Westrom
Erhardt	Juhnke	McCollum	Pawlenty	Stanek	Winter
Evans	Kalis	McElroy	Paymar	Stang	Wolf

Those who voted in the negative were:

Abrams	Entenza	Kahn	Lindner	Rest	Spk. Carruthers
Bakk	Folliard	Knight	Long	Rukavina
Carlson	Hausman	Koskinen	Mariani	Skoglund
Chaudhary	Hilty	Krinkie	McGuire	Wagenius
Clark	Holsten	Leighton	Orfield	Wejcman
Dawkins	Jaros	Leppik	Osthoff	Workman

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

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1.

S. F. No. 1 was reported to the House.

The pending point of order raised by Abrams on Tuesday, April 1, 1997, pursuant to rule 3.09 relating to the Smith and Davids amendment to S. F. No. 1, the unofficial engrossment, as amended, was again reported to the House. Smith withdrew his name as chief author of the Smith and Davids amendment and Sviggum added his name as chief author on the amendment to S. F. No. 1, the unofficial engrossment, as amended.

The amendment reads as follows:

Sviggum and Davids moved to amend S. F. No. 1, the second unofficial engrossment, as follows:

Page 275, after line 6, insert:

Section 1. Minnesota Statutes 1996, section 145.411, is amended by adding a subdivision to read:

Subd. 6. [COMMISSIONER.] "Commissioner" means the commissioner of health.

Sec. 2. [145.4131] [RECORDING AND REPORTING ABORTION DATA.]

Subdivision 1. [FORMS.] (a) Within 90 days of the effective date of this section, the commissioner shall prepare a reporting form for physicians performing abortions. A copy of this section shall be attached to the form. A physician performing an abortion shall obtain a form from the commissioner.

(b) The form shall require the following information:

(1) the number of abortions performed by the physician in the previous calendar year, reported by month;

(2) the method used for each abortion;

(3) the approximate gestational age of each child subject to abortion, expressed in one of the following increments:

(i) less than nine weeks;

(ii) nine to ten weeks;

(iii) 11 to 12 weeks;

(iv) 13 to 15 weeks;

(v) 16 to 20 weeks;

(vii) 25 to 30 weeks;

(viii) 31 to 36 weeks; or

(ix) 37 weeks to term;

(4) the age of the mother on whom the abortion was performed at the time the abortion was performed;

(5) the specific reason for the abortion, including, but not limited to, the following:

(i) the pregnancy was a result of rape;

(ii) the pregnancy was a result of incest;

(iii) the mother cannot afford the child;

(iv) the mother does not want the child;

(v) the mother's emotional health is at stake;

(vi) the mother will suffer substantial and irreversible impairment of a major bodily function if the pregnancy continues; or

(vii) other;

(6) whether the abortion was paid for by:

(i) private insurance;

(ii) a public health plan; or

(iii) another form of payment;

(7) whether coverage was under:

(i) a fee-for-service insurance company;

(ii) a managed care company; or

(iii) another type of health carrier;

(8) complications, if any, for each abortion and for the aftermath of each abortion. Space for a description of any complications shall be available on the form;

(9) the fee collected for each abortion;

(10) the type of anesthetic used, if any, for each abortion;

(11) the method used to dispose of fetal tissue and remains;

(12) the medical specialty of the physician performing the abortion; and

(13) whether the physician performing the abortion has had a physician's license suspended or revoked or has had other professional sanctions in this or another state.

Subd. 3. [ADDITIONAL REPORTING.] Nothing in this section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortions.

Sec. 3. [145.4132] [RECORDING AND REPORTING ABORTION COMPLICATION DATA.]

Subdivision 1. [FORMS.] (a) Within 90 days of the effective date of this section, the commissioner shall prepare an abortion complication reporting form for all physicians licensed and practicing in the state. A copy of this section shall be attached to the form.

(b) The board of medical practice shall ensure that the abortion complication reporting form is distributed:

(1) to all physicians licensed to practice in the state, within 120 days after the effective date of this section and by December 1 of each subsequent year; and

(2) to a physician who is newly licensed to practice in the state, at the same time as official notification to the physician that the physician is so licensed.

Subd. 2. [REQUIRED REPORTING.] A physician licensed and practicing in the state who encounters an illness or injury that is related to an induced abortion shall complete and submit an abortion complication reporting form to the commissioner.

Subd. 3. [SUBMISSION.] A physician required to submit an abortion complication reporting form to the commissioner shall do so as soon as practicable after the encounter with the abortion related illness or injury, but in no case more than 60 days after the encounter.

Subd. 4. [ADDITIONAL REPORTING.] Nothing in this section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortion complications.

Sec. 4. [145.4133] [REPORTING OUT-OF-STATE ABORTIONS.]

The commissioner of human services shall report to the commissioner by April 1 each year the following information regarding abortions paid for with state funds and performed out of state in the previous calendar year:

(1) the total number of abortions performed out of state and partially or fully paid for with state funds through the medical assistance, general assistance medical care, or MinnesotaCare program or any other program;

(2) the total amount of state funds used to pay for the abortions and expenses incidental to the abortions; and

(3) the gestational age of each unborn child at the time of abortion.

Sec. 5. [145.4134] [COMMISSIONER'S PUBLIC REPORT.]

(a) By July 1 of each year, the commissioner shall issue a public report providing statistics for the previous calendar year compiled from the data submitted under sections 145.4131 to 145.4133. Each report shall provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The commissioner shall ensure that none of the information included in the public reports can reasonably lead to identification of an individual having performed or having had an abortion. All data included on the forms under sections 145.4131 to 145.4133 must be included in the public report. The commissioner shall submit the report to the senate health care committee and the house health and human services committee.

(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates established under sections 145.4131 to 145.4133 for administrative convenience, fiscal savings, or other valid reason, provided that physicians and the commissioner of health submit the required information once each year and the commissioner issues a report once each year.

Sec. 6. [145.4135] [ENFORCEMENT; PENALTIES.]

than one year following the due date, may be fined and, in an action brought by the commissioner, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt.

(b) If the commissioner fails to issue the public report required under this section, or fails in any way to enforce this section, a group of ten or more citizens of the state may seek an injunction in a court of competent jurisdiction against the commissioner requiring that a complete report be issued within a period stated by court order or requiring that enforcement action be taken. Failure to abide by an injunction shall subject the commissioner to sanctions for civil contempt.

(c) A physician who knowingly or recklessly submits a false report under this section is guilty of a misdemeanor.

(d) The commissioner may take reasonable steps to ensure compliance with sections 145.4131 to 145.4133 and to verify data provided, including but not limited to inspection of places where abortions are performed in accordance with chapter 14.

Sec. 7. [145.4136] [SEVERABILITY.]

If any one or more provision, section, subsection, sentence, clause, phrase, or word of sections 145.4131 to 145.4135, or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of sections 145.4131 to 145.4135 shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed sections 145.4131 to 145.4135, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The Speaker ruled the Abrams point of order well taken and the Sviggum and Davids amendment out of order.

Sviggum appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 72 yeas and 61 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

So it was the judgment of the House that the decision of the Speaker should stand.

Jennings moved to amend S. F. No. 1, the second unofficial engrossment, as follows:

Page 129, line 13, after the comma insert "and following years"

Page 129, delete lines 20 to 26

Page 140, after line 33, insert:

"Sec. 2. [256K.015] [ELIGIBILITY FOR WORK FIRST.]

To be eligible for work first, an applicant must be determined eligible for AFDC or MFIP-S, whichever is in effect in the county, and must meet all the requirements of AFDC or MFIP-S, whichever is applicable, to the extent that those requirements are not inconsistent with this chapter."

Page 171, line 34, after the period insert "For purposes of this section, "sponsor" means an individual or organization."

Renumber the sections in sequence

Correct internal references

The motion prevailed and the amendment was adopted.

Jennings moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 180, line 21, delete "(h) and" and insert "(g) to"

Page 180, delete lines 24 to 30

Page 180, line 31, delete "(h)" and insert "(g)"

Page 180, line 36, after the period insert:

"(h)"

Page 181, after line 23, insert:

"Sec. 21. Minnesota Statutes 1996, section 256B.06, is amended by adding a subdivision to read:

their sponsors' income and resources as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, title IV, Public Law Number 104-193, sections 421 and 422. For purposes of this subdivision "sponsor" means an individual or organization. This section is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Huntley, Jennings and Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 213, after line 36, insert:

"Sec. 49. Minnesota Statutes 1996, section 261.063, is amended to read:

261.063 [TAX LEVY FOR SOCIAL SECURITY MEASURES; DUTIES OF COUNTY BOARD.]

The board of county commissioners of each county shall may annually levy taxes and fix a rate sufficient to produce the full an amount required for poor relief, general assistance, aid to dependent children, county share of county and state supplemental aid to supplemental security income applicants or recipients, and any other social security measures wherein there is now or may hereafter be county participation, sufficient to produce the full amount necessary for each such item, including administrative expenses, for the ensuing year, within the time fixed by law in addition to all other tax levies and tax rates, however fixed or determined, and any commissioner who shall fail to comply herewith shall be guilty of a gross misdemeanor and shall be immediately removed from office by the governor."

Page 215, line 18, delete "and" and after "256D.065" insert "; and 261.062"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Knoblach, Bradley, Ness, Goodno, Jennings, Wenzel, McCollum, Dorn and Skoglund moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 130, after line 32, insert:

"Sec. 62. [256J.775] [TRUANCY PREVENTION PROGRAM.]

Vendor payments and sanctions shall continue until the children demonstrate satisfactory attendance as defined by the local school. The commissioner of human services may at its discretion expand the program to other districts with the districts' agreement and shall present a report to the legislature by November 30, 1998, on the success of the implementation of the pilot projects authorized by this section.

Subd. 2. [TRANSFER OF ATTENDANCE DATA.] Notwithstanding the requirements of section 13.32, the commissioners of children, families, and learning and human services shall develop procedures to implement the transmittal of data on student attendance to county social services agencies to implement the program authorized by this section."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Skoglund and Knoblach moved to amend the Knoblach et al amendment to S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 1, line 14, delete "aged 7" and insert "are under the age of 13 and are subject to the compulsory attendance requirements of section 120.101, and"

Page 1, line 15, delete "through 12"

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

Dehler moved to amend the Knoblach et al amendment, as amended, to S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 1, line 14, delete "on public assistance"

Page 1, line 20, after "families" insert "on public assistance"

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

The question recurred on the Knoblach et al amendment, as amended, to S. F. No. 1, the second unofficial engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.

Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 21, after line 5, insert:

"Subd. 3. [BENEFITS FUNDED WITH STATE MONEY.] Legal adult noncitizens whose benefits are funded entirely with state money must, as a condition of eligibility:

(1) be enrolled in a literacy class, English as a second language class, or a citizen class;

(2) be applying for admission to a literacy class, English as a second language class, and is on a waiting list;

(4) have submitted an application for citizenship to the Immigration and Naturalization Service and is waiting for a testing date or a subsequent swearing in ceremony; or

(5) have been denied citizenship due to a failure to pass the test after two attempts or because of an inability to understand the rights and responsibilities of becoming a United States citizen, as documented by the Immigration and Naturalization Service or the county."

Page 181, after line 23, insert:

"(l) To receive medical assistance without federal financial participation under this subdivision, a legal adult noncitizen must:

(1) be enrolled in a literacy class, English as a second language class, or a citizen class;

(2) be applying for admission to a literacy class, English as a second language class, and is on a waiting list;

(3) be in the process of applying for a waiver from the Immigration and Naturalization Service of the English language or civics requirements of the citizenship test;

(4) have submitted an application for citizenship to the Immigration and Naturalization Service and is waiting for a testing date or a subsequent swearing in ceremony; or

(5) have been denied citizenship due to a failure to pass the test after two attempts or because of an inability to understand the rights and responsibilities of becoming a United States citizen, as documented by the Immigration and Naturalization Service or the county."

Page 198, line 28, after the stricken period, insert "(a)"

Page 199, after line 1, insert:

"(b) As a condition of eligibility, each legal adult noncitizen in the assistance unit must:

(1) be enrolled in a literacy class, English as a second language class, or a citizen class;

(2) be applying for admission to a literacy class, English as a second language class, and is on a waiting list;

(3) be in the process of applying for a waiver from the Immigration and Naturalization Service of the English language or civics requirements of the citizenship test;

(4) have submitted an application for citizenship to the Immigration and Naturalization Service and is waiting for a testing date or a subsequent swearing in ceremony; or

(5) have been denied citizenship due to a failure to pass the test after two attempts or because of an inability to understand the rights and responsibilities of becoming a United States citizen, as documented by the Immigration and Naturalization Service or the county."

The motion prevailed and the amendment was adopted.

Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 21, line 3, after "1996" insert ", and who were residents of Minnesota on March 1, 1997,"

Page 194, line 30, before the period insert "except that applicants and recipients must have been residents of Minnesota on March 1,1997"

Jennings and Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 135, after line 30, insert:

"Sec. 70. [UNEXPENDED CHILD CARE FUNDS.]

There shall be created in the general fund a child care assistance reserve account. All unexpended child care assistance grant funds for the biennium ending June 30, 1999 must not cancel to the general fund but shall be transferred to the child care assistance reserve account. Amounts remaining in this reserve account do not cancel."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Rukavina, Jaros, Tomassoni, Murphy, Sviggum, Jefferson, Farrell, Kahn, Erhardt and Leppik moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 24, after line 17, insert:

"Subd. 2a. [LIVING EXPENSES.] If the minor parent and the child who is in the care of the minor parent are residing in a household described in subdivision 1, paragraph (a), and the noncustodial parent is also a minor, then the noncustodial parent or those responsible for the noncustodial parent must pay half of the living expenses of the child and the custodial minor parent."

The motion prevailed and the amendment was adopted.

Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 105, line 12, after the period insert "This exemption may be used only once in a lifetime."

The motion prevailed and the amendment was adopted.

Trimble moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 88, line 3, after the semicolon, insert "or"

Page 88, delete lines 4 to 7

Page 88, line 8, delete "(3)" and insert "(2)"

Page 88, line 9, before the period, insert "and has been certified by the commissioner of economic security under sections 268.0122, subdivision 3, and 268.871, subdivision 1, or is approved under section 256J.51 and is included in the county plan submitted under section 256J.50, subdivision 6"

Page 88, delete lines 10 to 12

Page 97, line 27, after "(17)" insert ", (22), and (24)"

Page 97, line 28, after "to" insert "(21), (23), (25), and"

Clark; Greenfield; Mariani; Wagenius; Long; Dawkins; Johnson, R.; Rhodes; Murphy; Wejcman; Hausman, Olson, E.; Bakk; Smith; Entenza; Greiling; Lieder; Carlson, L.; Koskinen; Slawik; Munger; Rukavina; Evans; Folliard; Hilty; Paymar; Luther; Kahn; Johnson, A.; Juhnke; Garcia; Delmont; Sekhon; Dempsey; Jefferson; Wenzel; Huntley; Larsen; Leighton; Tomassoni; Trimble; Farrell and Biernat moved to amend S. F. No. 1 the second unofficial engrossment, as amended, as follows:

Page 65, line 14, delete "(a)"

Page 65, line 15, delete "including" and insert "excluding" and delete "as specified"

Page 65, line 16, delete "in paragraph (b)"

Page 65, delete lines 21 to 26

A roll call was requested and properly seconded.

The question was taken on the Clark et al amendment and the roll was called. There were 54 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Biernat	Folliard	Johnson, R.	Long	Osskopp	Schumacher
Chaudhary	Greenfield	Juhnke	Mariani	Osthoff	Sekhon
Clark	Greiling	Kahn	McGuire	Paulsen	Skare
Dawkins	Hasskamp	Knight	Milbert	Paymar	Skoglund
Dehler	Hausman	Koskinen	Mullery	Pugh	Slawik
Dempsey	Hilty	Kubly	Munger	Rest	Smith
Entenza	Jaros	Larsen	Murphy	Rhodes	Tomassoni
Evans	Jefferson	Leighton	Olson, E.	Rostberg	Trimble
Farrell	Johnson, A.	Lieder	Orfield	Rukavina	Wejcman

Those who voted in the negative were:

Abrams	Dorn	Kinkel	McElroy	Seagren	Vickerman
Anderson, B.	Erhardt	Knoblach	Molnau	Seifert	Wagenius
Anderson, I.	Finseth	Koppendrayer	Mulder	Solberg	Weaver
Bakk	Garcia	Kraus	Ness	Stanek	Westfall
Bettermann	Goodno	Krinkie	Nornes	Stang	Westrom
Bishop	Gunther	Kuisle	Olson, M.	Sviggum	Winter
Boudreau	Haas	Leppik	Opatz	Swenson, D.	Wolf
Bradley	Harder	Lindner	Otremba	Swenson, H.	Workman
Broecker	Holsten	Luther	Ozment	Sykora	Spk. Carruthers
Carlson	Huntley	Macklin	Pawlenty	Tingelstad
Commers	Jennings	Mahon	Pelowski	Tompkins
Daggett	Kalis	Mares	Peterson	Tuma
Davids	Kelso	Marko	Reuter	Tunheim
Delmont	Kielkucki	McCollum	Rifenberg	Van Dellen

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

Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 150, line 33, delete "licensed" and insert "appropriate"

Page 209, line 9 after "12" insert "consecutive"

The motion prevailed and the amendment was adopted.

Tompkins moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 73, line 23, after "block grant" insert ", or MFIP-S assistance funded in whole or in part by state appropriations,"

Page 73, line 25, after "TANF dollars" insert ", or MFIP-S assistance funded in whole or in part by state appropriations,"

The motion prevailed and the amendment was adopted.

Tompkins moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 207, line 24, delete "$100" and insert "$200"

Page 215, after line 15, insert:

"Sec. 51. [APPROPRIATION; ADJUSTMENT TO REDUCTION OF GENERAL FUND APPROPRIATION.]

For the 1998-1999 biennium, the amount of the reduction of the general fund base appropriation for MFIP-S shall be decreased by $1,567,000, the amount of federal TANF funds appropriated to replace the reduction of the general fund base appropriation for MFIP-S shall be increased by $1,567,000, and the amount of the TANF reserve shall be decreased by $1,567,000. $1,567,000 is appropriated from the general fund to the commissioner of human services for the 1998 fiscal year in order to increase the supplement paid under Minnesota Statutes, section 256D.057, paragraph (b) from $100 per month to $200 per month."

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 Tompkins amendment and the roll was called. There were 47 yeas and 86 nays as follows:

Those who voted in the affirmative were:

Abrams	Entenza	Jaros	Koskinen	Munger	Smith
Broecker	Evans	Jefferson	Kubly	Osthoff	Tingelstad
Carlson	Folliard	Johnson, R.	Larsen	Otremba	Tompkins
Chaudhary	Garcia	Juhnke	Mariani	Paymar	Trimble
Clark	Greiling	Kahn	McElroy	Pugh	Tuma
Dawkins	Hasskamp	Kinkel	McGuire	Rest	Weaver
Dehler	Hausman	Knight	Milbert	Rhodes	Wejcman
Dempsey	Hilty	Knoblach	Mullery	Sekhon

Those who voted in the negative were:

Anderson, B.	Finseth	Krinkie	Murphy	Rostberg	Tomassoni
Anderson, I.	Goodno	Kuisle	Ness	Rukavina	Tunheim
Bakk	Greenfield	Leighton	Nornes	Schumacher	Van Dellen
Bettermann	Gunther	Leppik	Olson, E.	Seagren	Vickerman
Biernat	Haas	Lieder	Olson, M.	Seifert	Wagenius
Bishop	Harder	Lindner	Opatz	Skare	Westfall
Boudreau	Holsten	Long	Orfield	Skoglund	Westrom
Bradley	Huntley	Luther	Osskopp	Slawik	Winter
Commers	Jennings	Macklin	Ozment	Solberg	Wolf
Daggett	Johnson, A.	Mahon	Paulsen	Stanek	Workman
Davids	Kalis	Mares	Pawlenty	Stang	Spk. Carruthers
Delmont	Kelso	Marko	Pelowski	Sviggum
Dorn	Kielkucki	McCollum	Peterson	Swenson, D.
Erhardt	Koppendrayer	Molnau	Reuter	Swenson, H.
Farrell	Kraus	Mulder	Rifenberg	Sykora

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

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

Wejcman, Jennings and Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 205, after line 29, insert:

"Sec. 37. [256D.0510] [FEDERAL WAIVER.]

The commissioner of human services shall exercise the authority granted by Public Law 104-193, Title VIII, section 824, and request the secretary of the United States department of agriculture to grant waivers of the federal food stamp work requirements of section 824, for every county and reservation in which the county or reservation has an unemployment rate over ten percent."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Krinkie moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Pages 242 to 244, delete article 5

Renumber remaining articles

Amend the title accordingly

The question was taken on the Krinkie amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 40 yeas and 91 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Haas	Kraus	Mulder	Stang	Van Dellen
Boudreau	Harder	Krinkie	Olson, M.	Sviggum	Vickerman
Bradley	Holsten	Kuisle	Osskopp	Swenson, D.	Westfall
Broecker	Kielkucki	Larsen	Paulsen	Swenson, H.	Westrom
Commers	Knight	Lindner	Reuter	Sykora	Workman
Daggett	Knoblach	Mares	Rifenberg	Tingelstad
Finseth	Koppendrayer	Molnau	Seifert	Tuma

Those who voted in the negative were:

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

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

Johnson, R.; Dawkins; Trimble; Greiling; Mariani; Evans; Hausman; Koskinen; Folliard; Luther; Jefferson; Paymar and Clark moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 207, line 24, delete "$100" and insert "$175"

The question was taken on the Johnson, R., et al amendment and the roll was called. There were 35 yeas and 97 nays as follows:

Those who voted in the affirmative were:

Bakk	Dempsey	Hausman	Knoblach	Osskopp	Sekhon
Carlson	Entenza	Jaros	Koskinen	Osthoff	Tomassoni
Chaudhary	Evans	Jefferson	Mariani	Paymar	Tompkins
Clark	Farrell	Johnson, R.	McGuire	Pugh	Trimble
Dawkins	Folliard	Juhnke	Munger	Rhodes	Wejcman
Dehler	Greiling	Kahn	Opatz	Rukavina

Those who voted in the negative were:

Abrams	Greenfield	Krinkie	Molnau	Rifenberg	Tuma
Anderson, B.	Gunther	Kubly	Mulder	Rostberg	Tunheim
Anderson, I.	Haas	Kuisle	Mullery	Schumacher	Van Dellen
Bettermann	Harder	Larsen	Murphy	Seagren	Vickerman
Biernat	Hasskamp	Leighton	Ness	Seifert	Wagenius
Boudreau	Hilty	Leppik	Nornes	Skare	Weaver
Bradley	Holsten	Lieder	Olson, E.	Skoglund	Westfall
Broecker	Huntley	Lindner	Olson, M.	Slawik	Westrom
Commers	Jennings	Long	Orfield	Smith	Winter
Daggett	Johnson, A.	Luther	Otremba	Solberg	Wolf
Davids	Kalis	Macklin	Ozment	Stanek	Workman
Delmont	Kelso	Mahon	Paulsen	Stang	Spk. Carruthers
Dorn	Kielkucki	Mares	Pawlenty	Sviggum
Erhardt	Kinkel	Marko	Pelowski	Swenson, D.
Finseth	Knight	McCollum	Peterson	Swenson, H.
Garcia	Koppendrayer	McElroy	Rest	Sykora
Goodno	Kraus	Milbert	Reuter	Tingelstad

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

Clark, Wejcman, Rukavina and Jennings moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 89, delete lines 14 and 15 and insert:

"(2) pays wages which will allow the family to live at not less than 100 percent of the federal poverty level, or there is a reasonable expectation that the job will develop into a position that will allow the family to live without public assistance."

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Anderson, I.	Evans	Jefferson	Leighton	Olson, E.	Schumacher
Bakk	Farrell	Jennings	Long	Opatz	Sekhon
Biernat	Folliard	Johnson, A.	Mahon	Orfield	Skare
Carlson	Garcia	Johnson, R.	Mariani	Osskopp	Slawik
Chaudhary	Greenfield	Juhnke	McCollum	Osthoff	Solberg
Clark	Greiling	Kahn	McGuire	Paymar	Tomassoni
Dawkins	Hausman	Kalis	Milbert	Pugh	Trimble
Delmont	Hilty	Kelso	Mullery	Rest	Tuma
Dorn	Huntley	Kinkel	Munger	Rhodes	Wagenius
Entenza	Jaros	Koskinen	Murphy	Rukavina	Wejcman

Those who voted in the negative were:

Abrams	Finseth	Krinkie	Molnau	Rifenberg	Tingelstad
Anderson, B.	Goodno	Kubly	Mulder	Rostberg	Tompkins
Bettermann	Gunther	Kuisle	Ness	Seagren	Tunheim
Boudreau	Haas	Larsen	Nornes	Seifert	Van Dellen
Bradley	Harder	Leppik	Olson, M.	Skoglund	Vickerman
Broecker	Hasskamp	Lieder	Otremba	Smith	Weaver
Journal of the House - 36th Day - Top of Page 1891
Commers	Holsten	Lindner	Ozment	Stanek	Westfall
Daggett	Kielkucki	Luther	Paulsen	Stang	Westrom
Davids	Knight	Macklin	Pawlenty	Sviggum	Winter
Dehler	Knoblach	Mares	Pelowski	Swenson, D.	Wolf
Dempsey	Koppendrayer	Marko	Peterson	Swenson, H.	Workman
Erhardt	Kraus	McElroy	Reuter	Sykora	Spk. Carruthers

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

Bradley moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 196, line 17, delete the new language and strike the old language

Page 196, strike line 18

Page 196, line 19, delete "(13)" and insert "(12)"

Page 196, line 22, delete "(14)" and insert "(13)"

Page 197, line 9, delete "(15)" and insert "(14)"

Page 197, line 11, delete "(16)" and insert "(15)"

Page 197, line 16, delete "(17)" and insert "(16)"

The motion prevailed and the amendment was adopted.

Bradley moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 100, line 24, after "obtains" insert "suitable"

Page 100, line 25, delete everything after "employment" and insert "; or"

Page 100, delete line 26

Page 100, line 28, after "obtains" insert "suitable" and delete everything after "employment" and insert a period

Page 100, delete line 29

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

Molnau and Farrell moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 271, line 16, before the period, insert "for each contract let" and delete "so" and insert "to consider"

Page 271, line 17, delete "that it is" and insert "a rate" and delete ", on a full-time basis,"

Page 271, line 18, before the period, insert "under chapter 256J"

Ozment, Jennings and Goodno moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 95, after line 35, insert:

"(e) A participant who, at the time of the initial assessment, presents a plan that includes farming as a self-employed work activity must have an employment plan developed under subdivision 5 that includes the farming as an approved work activity."

The motion prevailed and the amendment was adopted.

Van Dellen moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 3, line 6, before the period, insert:

"Subd. 2a. [LIMIT ON PARTICIPATION.] The MFIP-S program is not an entitlement and expenditures for this program shall be within the limits of available appropriations."

A roll call was requested and properly seconded.

Jennings moved to amend the Van Dellen amendment to S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 1, line 6, delete "available appropriations" and insert "the forecast"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 78 yeas and 54 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Journal of the House - 36th Day - Top of Page 1893
Abrams	Dehler	Knight	McElroy	Reuter	Sykora
Anderson, B.	Dempsey	Koppendrayer	Molnau	Rifenberg	Tingelstad
Bettermann	Erhardt	Kraus	Mulder	Seagren	Tompkins
Boudreau	Finseth	Krinkie	Ness	Seifert	Tuma
Bradley	Gunther	Kuisle	Nornes	Stanek	Van Dellen
Broecker	Haas	Larsen	Olson, M.	Stang	Weaver
Commers	Harder	Lindner	Osskopp	Sviggum	Westrom
Daggett	Holsten	Macklin	Paulsen	Swenson, D.	Wolf
Davids	Kielkucki	Mares	Pawlenty	Swenson, H.	Workman

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

The question recurred on the Van Dellen amendment, as amended, and the roll was called. There were 114 yeas and 18 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Greenfield	Huntley	Kahn	Mariani	Rukavina
Clark	Hausman	Jaros	Knight	Osthoff	Sekhon
Delmont	Hilty	Jefferson	Koskinen	Paymar	Tomassoni

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

Sviggum moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 39, line 19, after "benefits" insert a period and delete the remainder of the line

Page 39, line 20, delete "terms of the court-ordered sentence."

Page 140, after line 33, insert:

"Sec. 2. [256K.015] [PERSONS INELIGIBLE.]

(b) For the purposes of this subdivision, "drug offense" means a conviction that occurred after July 1, 1997, of sections 152.021 to 152.025, 152.0261, or 152.096. Drug offense also means a conviction in another jurisdiction of the possession, use, or distribution of a controlled substance, or conspiracy to commit any of these offenses, if the offense occurred after July 1, 1997, and the conviction is a felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor.

Subd. 2. [PAROLE VIOLATORS.] An individual violating a condition of probation or parole imposed under federal or state law is ineligible to receive benefits under this chapter.

Subd. 3. [FLEEING FELONS.] An individual who is fleeing to avoid prosecution, or custody, or confinement after conviction for a crime that is a felony under the laws of the jurisdiction from which the individual flees, or in the case of New Jersey, is a high misdemeanor, is ineligible to receive benefits under this chapter.

Subd. 4. [DENIAL OF ASSISTANCE FOR TEN YEARS TO A PERSON FOUND TO HAVE FRAUDULENTLY MISREPRESENTED RESIDENCY.] An individual who is convicted in federal or state court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states is ineligible to receive benefits under this chapter for ten years beginning on the date of the conviction."

Page 189, line 23, delete everything after "chapter" and insert a period

Page 189, delete line 24

Boudreau moved to amend the Sviggum amendment to S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 1, line 11, delete "the assistance unit" and insert "the applicant"

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

Rhodes moved to amend the Sviggum amendment, as amended, to S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 1, line 12, after "chapter" insert "unless the applicant is in a treatment program"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 72 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Johnson, A.	Long	Opatz	Skare
Bakk	Farrell	Johnson, R.	Mahon	Orfield	Skoglund
Biernat	Folliard	Juhnke	Mariani	Otremba	Slawik
Carlson	Garcia	Kahn	Marko	Paymar	Solberg
Chaudhary	Greenfield	Kalis	McCollum	Pelowski	Tomassoni
Clark	Greiling	Kelso	McElroy	Peterson	Trimble
Journal of the House - 36th Day - Top of Page 1895
Davids	Hausman	Kinkel	McGuire	Pugh	Tunheim
Dawkins	Hilty	Koskinen	Milbert	Rest	Vickerman
Delmont	Huntley	Kubly	Mullery	Rhodes	Wagenius
Dorn	Jaros	Leighton	Munger	Rukavina	Wejcman
Entenza	Jefferson	Leppik	Murphy	Schumacher	Winter
Erhardt	Jennings	Lieder	Olson, E.	Sekhon	Spk. Carruthers

Those who voted in the negative were:

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

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

Sviggum withdrew his amendment, as amended, to S. F. No. 1, the second unofficial engrossment, as amended.

Sviggum moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 35, line 6, delete "35" and insert "25"

Page 35, line 16, delete "35" and insert "25"

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 37 yeas and 95 nays as follows:

Those who voted in the affirmative were:

Abrams	Knight	McElroy	Pawlenty	Sviggum	Westrom
Anderson, B.	Koppendrayer	Molnau	Reuter	Swenson, D.	Workman
Broecker	Kraus	Mulder	Rifenberg	Swenson, H.
Davids	Krinkie	Nornes	Seifert	Tingelstad
Erhardt	Kuisle	Olson, M.	Smith	Tuma
Holsten	Lindner	Osskopp	Stanek	Van Dellen
Kielkucki	Mares	Paulsen	Stang	Weaver

Those who voted in the negative were:

Anderson, I.	Entenza	Jaros	Lieder	Orfield	Skoglund
Bakk	Evans	Jefferson	Long	Osthoff	Slawik
Bettermann	Farrell	Jennings	Luther	Otremba	Solberg
Biernat	Finseth	Johnson, A.	Macklin	Ozment	Sykora
Boudreau	Folliard	Johnson, R.	Mahon	Paymar	Tomassoni
Bradley	Garcia	Juhnke	Mariani	Pelowski	Tompkins
Carlson	Goodno	Kahn	Marko	Peterson	Trimble
Chaudhary	Greenfield	Kalis	McCollum	Pugh	Tunheim
Clark	Greiling	Kelso	McGuire	Rest	Vickerman
Commers	Gunther	Kinkel	Milbert	Rhodes	Wagenius
Journal of the House - 36th Day - Top of Page 1896
Daggett	Haas	Knoblach	Mullery	Rostberg	Wejcman
Dawkins	Harder	Koskinen	Munger	Rukavina	Westfall
Dehler	Hasskamp	Kubly	Murphy	Schumacher	Winter
Delmont	Hausman	Larsen	Ness	Seagren	Wolf
Dempsey	Hilty	Leighton	Olson, E.	Sekhon	Spk. Carruthers
Dorn	Huntley	Leppik	Opatz	Skare

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

Olson, M.; Paulsen; Osskopp; Tuma; Jennings Dehler; Anderson, B., and Westrom moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 132, after line 6, insert:

"Sec. 65. [TOTAL HOUSEHOLD INCOME COUNTED.]

Notwithstanding any provision of chapter 256J to the contrary, eligibility for assistance under Minnesota Statutes, chapter 256J, the Minnesota family investment program-statewide, must count income from all unrelated individuals living in the household in order to qualify for MFIP-S assistance."

Page 215, after line 15, insert:

"Sec. 51. [TOTAL HOUSEHOLD INCOME COUNTED.]

Notwithstanding any provision of law to the contrary, eligibility for public assistance, including, but not limited to, AFDC, family general assistance, MFIP and MFIP-S, and general assistance must count income from all unrelated individuals living in the household in order to qualify for any of these public assistance programs."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Knight moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 213, after line 36, insert:

"Sec. 49. [REPAYMENT OF PUBLIC ASSISTANCE.]

(a) A participant who has received state-funded public assistance must pay back the amount of public assistance received if the participant:

(1) achieves self-sufficiency by accepting a job offer which provides net income in excess of 500 percent of the poverty level, as defined by federal law; or

(b) If a participant is required to repay public assistance under paragraph (a), the participant must pay back the state portion of the public assistance received at a rate of 25 percent of the net income in excess of 500 percent of the poverty level until the full amount received has been repaid."

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 Knight amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 101 yeas and 30 nays as follows:

Those who voted in the affirmative were:

Abrams	Garcia	Krinkie	Molnau	Rest	Swenson, H.
Anderson, B.	Goodno	Kubly	Mulder	Reuter	Sykora
Bettermann	Greiling	Kuisle	Munger	Rhodes	Tingelstad
Biernat	Gunther	Larsen	Ness	Rifenberg	Tompkins
Boudreau	Haas	Leppik	Nornes	Rostberg	Trimble
Bradley	Harder	Lieder	Olson, E.	Schumacher	Tunheim
Broecker	Hasskamp	Lindner	Olson, M.	Seagren	Van Dellen
Carlson	Holsten	Long	Opatz	Seifert	Vickerman
Chaudhary	Jennings	Luther	Osskopp	Skare	Wagenius
Commers	Johnson, A.	Macklin	Osthoff	Skoglund	Weaver
Daggett	Juhnke	Mahon	Otremba	Slawik	Westfall
Dehler	Kalis	Mares	Ozment	Smith	Westrom
Delmont	Kielkucki	Marko	Paulsen	Solberg	Winter
Dempsey	Knight	McCollum	Pawlenty	Stanek	Wolf
Erhardt	Knoblach	McElroy	Pelowski	Stang	Workman
Farrell	Koppendrayer	McGuire	Peterson	Sviggum	Spk. Carruthers
Finseth	Kraus	Milbert	Pugh	Swenson, D.

Those who voted in the negative were:

Anderson, I.	Dorn	Hausman	Johnson, R.	Mariani	Rukavina
Bakk	Entenza	Hilty	Kahn	Mullery	Sekhon
Clark	Evans	Huntley	Kinkel	Murphy	Tomassoni
Davids	Folliard	Jaros	Koskinen	Orfield	Tuma
Dawkins	Greenfield	Jefferson	Leighton	Paymar	Wejcman

The motion prevailed and the amendment was adopted.

Weaver moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 189, line 24, after the period, insert "Persons subject to the limitations imposed by this section who become eligible for assistance under this chapter shall be subject to random drug testing as a condition of continued eligibility and shall lose eligibility for benefits beginning the month following any positive test result for an illegal controlled substance."

A roll call was requested and properly seconded.

The question was taken on the Weaver amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 109 yeas and 21 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Bakk	Greenfield	Jefferson	Mahon	Rukavina	Wejcman
Clark	Hausman	Johnson, R.	Mariani	Skare
Dawkins	Huntley	Kahn	Osthoff	Tomassoni
Entenza	Jaros	Koskinen	Paymar	Trimble

The motion prevailed and the amendment was adopted.

Haas and Olson, M., moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 40, after line 12, insert:

"Sec. 17. [256J.265] [VENDOR PAYMENTS FOR DRUG DEPENDENT PERSONS AND PERSONS WITH A RECORD OF ALCOHOL AND DRUG VIOLATIONS.]

to the assistance unit until the assessment is complete and the results of the assessment made available to the county agency. A reasonable basis for 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 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 assistance or vendor payments to an otherwise eligible applicant or recipient who is determined to be drug dependent.

(b) The county shall only provide emergency assistance or vendor payments to an otherwise eligible applicant or recipient who has been found guilty in any jurisdiction of: (1) a drug or alcohol offense, including possession, use, or sale of illegal drugs; or (2) operating a vehicle while under the influence of drugs or alcohol. no longer drug dependent, the county may cease vendor payments and provide the recipient payments in cash."

Page 211, after line 7, insert:

"Sec. 45. Minnesota Statutes 1996, section 256D.09, subdivision 2a, is amended to read:

Subd. 2a. [VENDOR PAYMENTS FOR DRUG DEPENDENT PERSONS AND PERSONS WITH A RECORD OF ALCOHOL OR DRUG RELATED VIOLATIONS.] (a) 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 financial assistance is drug dependent, as defined in section 254A.02, subdivision 5, the person shall 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 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:

(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 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 or who has been found guilty in any jurisdiction of: (1) a drug or alcohol related offense, including possession, use, or sale of illegal drugs; or (2) operating a vehicle under the influence of drugs or alcohol. Notwithstanding subdivision 1, 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) or (17).

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."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

Jennings, Goodno and Haas moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 79, line 16, delete "or subsequent"

Page 79, after line 31, insert:

"(3) For a third or subsequent occurrence, the assistance unit's grant must be reduced by an amount equal to 50 percent of the applicable transitional standard before the residual is paid to the participant. If the assistance unit is a two-parent family and both parents are in noncompliance under this subdivision, the residual amount of the grant, if any, must be reduced by an additional five percent of the applicable transitional standard before it is paid to the participant. The sanction must be in effect for a minimum of one month, and shall be removed only when the participant is in compliance."

Page 80, after line 15, insert:

"(b) Notwithstanding paragraph (a), for a participant subject to the following sanctions concurrently:

(1) a sanction for refusal to cooperate with child support requirements under subdivision 1; and

(2) sanctions for at least three occurrences of failure to comply with other program requirements, the assistance unit's grant must be reduced by an amount equal to 50 percent of the MFIP-S grant for which the participant's assistance unit is eligible. The sanction must be in effect for a minimum of one month, and shall be removed only when the participant is in compliance."

The motion prevailed and the amendment was adopted.

Sviggum moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 73, line 21, delete "in" and insert "is eligible to receive MFIP-S for 60 months if the assistance unit includes:

(1) a minor child who has not attained the age of 13; or

(2) only one adult caregiver who is (i) disabled, or (ii) responsible for the care of a dependent who is disabled. An assistance unit that is receiving MFIP-S in the month the youngest minor child in the unit attains the age of 13 may receive an additional 24 months of MFIP-S assistance, provided the unit meets other MFIP-S assistance criteria, but in no case may an adult caregiver in the unit receive more than 60 months of cash assistance funded in whole or in part by the TANF block grant.

(b) All assistance units not described in paragraph (a) are eligible to receive MFIP-S for 24 months.

(c)"

Page 73, delete lines 22 and 23

Page 73, line 24, delete everything up to and including the period and after "Any" insert "month in which"

Page 73, line 25, delete "that"

Page 73, line 27, delete "60-month"

Page 73, line 28, delete "limitation" and insert "limitations in paragraphs (a) and (b)" and delete "60-month limit applies" and insert "limits in paragraphs (a) and (b) apply"

Page 73, line 30, delete everything after the period

Page 73, delete line 31 and insert "The months in which assistance funded in whole or in part by the TANF block grant do not need to be consecutive for the time limits in paragraphs (a) and (b) to apply."

Page 73, line 32, delete "(b)" and insert "(d)"

The question was taken on the Sviggum amendment and the roll was called. There were 43 yeas and 89 nays as follows:

Those who voted in the affirmative were:

Abrams	Harder	Larsen	Pawlenty	Sviggum	Westrom
Anderson, B.	Holsten	Lindner	Reuter	Swenson, D.	Wolf
Bradley	Kielkucki	Macklin	Rifenberg	Swenson, H.	Workman
Broecker	Knight	Molnau	Rostberg	Tingelstad
Commers	Koppendrayer	Mulder	Seifert	Tuma
Dempsey	Kraus	Olson, M.	Smith	Van Dellen
Erhardt	Krinkie	Osskopp	Stanek	Vickerman
Finseth	Kuisle	Paulsen	Stang	Weaver

Those who voted in the negative were:

Anderson, I.	Evans	Jennings	Luther	Opatz	Skare
Bakk	Farrell	Johnson, A.	Mahon	Orfield	Skoglund
Bettermann	Folliard	Johnson, R.	Mares	Osthoff	Slawik
Biernat	Garcia	Juhnke	Mariani	Otremba	Solberg
Boudreau	Goodno	Kahn	Marko	Ozment	Sykora
Carlson	Greenfield	Kalis	McCollum	Paymar	Tomassoni
Chaudhary	Greiling	Kelso	McElroy	Pelowski	Tompkins
Clark	Gunther	Kinkel	McGuire	Peterson	Trimble
Daggett	Haas	Knoblach	Milbert	Pugh	Tunheim
Davids	Hasskamp	Koskinen	Mullery	Rest	Wagenius
Dawkins	Hausman	Kubly	Munger	Rhodes	Wejcman
Dehler	Hilty	Leighton	Murphy	Rukavina	Westfall
Delmont	Huntley	Leppik	Ness	Schumacher	Winter
Dorn	Jaros	Lieder	Nornes	Seagren	Spk. Carruthers
Entenza	Jefferson	Long	Olson, E.	Sekhon

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

Mulder offered an amendment to S. F. No. 1, the second unofficial engrossment, as amended.

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

.

Clark, Dawkins, Winter, Bakk and Long moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 131, after line 35, insert:

"Sec. 64. [STUDY OF SOCIAL COSTS INCURRED.]

The commissioner of human services shall evaluate whether there are social costs or savings incurred, including an increase or decrease in incidences of crime, homelessness, suicides, mental illness, chemical dependency, property taxes, and prison costs after MFIP-S is implemented statewide. The commissioner shall report to the legislature by July 1, 1999."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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

The question recurred on the Clark et al amendment and the roll was called. There were 50 yeas and 82 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Jefferson	Marko	Paymar	Trimble
Bakk	Folliard	Johnson, A.	McCollum	Pugh	Tunheim
Biernat	Garcia	Johnson, R.	McGuire	Rest	Wejcman
Carlson	Greenfield	Kahn	Mullery	Rukavina	Winter
Chaudhary	Greiling	Koskinen	Munger	Schumacher	Spk. Carruthers
Clark	Hausman	Leighton	Opatz	Sekhon
Dawkins	Hilty	Long	Orfield	Skoglund
Dorn	Huntley	Luther	Osthoff	Solberg
Entenza	Jaros	Mariani	Pawlenty	Tomassoni

Those who voted in the negative were:

Abrams	Finseth	Knoblach	Milbert	Reuter	Sykora
Anderson, B.	Goodno	Koppendrayer	Molnau	Rhodes	Tingelstad
Bettermann	Gunther	Kraus	Mulder	Rifenberg	Tompkins
Boudreau	Haas	Krinkie	Murphy	Rostberg	Tuma
Bradley	Harder	Kubly	Ness	Seagren	Van Dellen
Broecker	Hasskamp	Kuisle	Nornes	Seifert	Vickerman
Commers	Holsten	Larsen	Olson, E.	Skare	Wagenius
Daggett	Jennings	Leppik	Olson, M.	Slawik	Weaver
Davids	Juhnke	Lieder	Osskopp	Smith	Westfall
Dehler	Kalis	Lindner	Otremba	Stanek	Westrom
Delmont	Kelso	Macklin	Ozment	Stang	Wolf
Dempsey	Kielkucki	Mahon	Paulsen	Sviggum	Workman
Erhardt	Kinkel	Mares	Pelowski	Swenson, D.
Farrell	Knight	McElroy	Peterson	Swenson, H.

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

Mulder moved to amend S. F. No. 1, the second unofficial engrossment, as amended, as follows:

Page 171, after line 34, insert:

"Sec. 11. [256.9370] [ASSET REQUIREMENT FOR MINNESOTACARE.]

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following definitions apply.

(a) "Asset" means cash and other personal property, as well as any real property, that a family or individual owns which has monetary value.

(c) "Net asset" means the asset's fair market value minus any encumbrances, including, but not limited to, liens and mortgages.

Subd. 2. [LIMIT ON TOTAL ASSETS.] (a) Effective April 1, 1997, or upon federal approval, whichever is later, in order to be eligible for the MinnesotaCare program, a household of two or more persons must not own more than $30,000 in total net assets, and a household of one person must not own more than $15,000 in total net assets.

(b) For purposes of this subdivision, total net assets include all assets, with the following exceptions:

(1) a homestead is not considered;

(2) household goods and personal effects are not considered; and

(3) capital and operating assets of a trade or business up to $200,000 in net assets are not considered.

(c) If an asset excluded under paragraph (b) has a negative value, the negative value shall be subtracted from the total net assets under paragraph (a).

Subd. 3. [DOCUMENTATION.] Assets owned by the individual or family must be reported. The commissioner will perform random audits to verify reported assets.

Subd. 4. [PENALTIES.] Individuals or families who are found to have knowingly misreported the amount of their assets as described in this section shall be subject to the penalties in section 256.98. The commissioner shall present recommendations on additional penalties to the 1998 legislature.

Sec. 12. [256.9371] [PENALTIES.]

Whoever obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, or by the intentional withholding or concealment of a material fact, or by impersonation, or other fraudulent device:

(1) benefits under the MinnesotaCare program to which the person is not entitled; or

(2) benefits under the MinnesotaCare program greater than that to which the person is reasonably entitled;

shall be considered to have violated section 256.98, and shall be subject to both the criminal and civil penalties provided under that section."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

The question recurred on the Mulder amendment to S. F. No. 1, the second unofficial engrossment, as amended. The motion prevailed and the amendment was adopted.

subdivisions 1 and 4; 256.019; 256.031, subdivision 5, and by adding subdivisions; 256.033, subdivisions 1 and 1a; 256.046, subdivision 1; 256.736, subdivision 3a; 256.74, subdivision 1; 256.82, subdivision 2; 256.935, subdivision 1; 256.9354, by adding a subdivision; 256.98, subdivision 8; 256.981; 256.983, subdivisions 1 and 4; 256.9861, subdivision 5; 256B.055, subdivisions 3, 5, and by adding subdivisions; 256B.056, subdivisions 1a, 3, and 4; 256B.057, subdivisions 1, 1b, and 2b; 256B.06, subdivision 4; 256B.062; 256D.01, subdivisions 1, 1a, and 1e; 256D.02, subdivisions 6 and 12a; 256D.03, subdivision 3; 256D.05, subdivisions 1, 2, 5, 7, and 8; 256D.051, subdivisions 1a, 2a, 3a, and by adding a subdivision; 256D.055; 256D.06, subdivisions 2 and 5; 256D.08, subdivisions 1 and 2; 256D.09, by adding a subdivision; 256D.435, subdivision 3; 256D.44, subdivision 5; 256E.03, subdivision 2; 256E.06, subdivisions 1 and 3; 256E.07, subdivision 1; 256E.08, subdivision 3; 256F.04, subdivisions 1 and 2; 256F.05, subdivisions 2, 3, 4, 5, and 8; 256F.06, subdivisions 1 and 2; 256G.01, subdivision 4; 256G.02, subdivision 6; 257.3573, subdivision 2; 259.67, subdivision 4; 260.38; 268.0111, subdivisions 5 and 7; 268.0122, subdivision 3; 268.552, subdivision 5; 268.6751, subdivision 1; 268.676, subdivision 1; 268.86, subdivision 2; 268.871, subdivision 1; 268.90, subdivision 2; 268.916; 268.95, subdivision 4; 393.07, subdivision 6; and 477A.0122, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 256B; and 256D; proposing coding for new law as Minnesota Statutes, chapters 256J; and 256K; repealing Minnesota Statutes 1996, sections 256.12, subdivisions 9, 10, 14, 15, 20, 21, 22, and 23; 256.72; 256.73; 256.7341; 256.7351; 256.7352; 256.7353; 256.7354; 256.7355; 256.7356; 256.7357; 256.7358; 256.7359; 256.736, subdivision 19; 256.7365; 256.7366; 256.7381; 256.7382; 256.7383; 256.7384; 256.7385; 256.7386; 256.7387; 256.7388; 256.74, subdivisions 1, 1a, 1b, 2, and 6; 256.745; 256.75; 256.76; 256.78; 256.80; 256.81; 256.82; 256.84; 256.85; 256.86; 256.863; 256.871; 256.8711; 256.879; 256D.02, subdivision 5; 256D.05, subdivisions 3 and 3a; 256D.0511; 256D.065; 256F.05, subdivisions 5 and 7; and 256G.05, subdivision 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 118 yeas and 14 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Hausman	Kahn	Osthoff	Rukavina	Van Dellen
Clark	Jaros	Knight	Paymar
Entenza	Jefferson	Mariani	Rest

The bill was passed, as amended, 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 bills on General Orders for today be continued. The motion prevailed.

Wagenius moved that S. F. No. 127 be recalled from the Committee on Governmental Operations and together with H. F. No. 436, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

Folliard moved that S. F. No. 137 be recalled from the Committee on Governmental Operations and together with H. F. No. 718, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

Solberg moved that H. F. No. 333, now on General Orders, be re-referred to the Committee on Judiciary. The motion prevailed.

Long moved that H. F. No. 1909, now on General Orders, be re-referred to the Committee on Taxes. The motion prevailed.

Rifenberg moved that H. F. No. 1613 be returned to its author. The motion prevailed.

Kinkel moved that H. F. No. 1842 be returned to its author. The motion prevailed.

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, April 14, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, April 14, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives