Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
512		97	2:35 p.m. May 6	May 6
351		98	2:35 p.m. May 6	May 6
950		`	99	2:40 p.m. May 6	May 6
513		100	2:42 p.m. May 6	May 6
1146		101	2:42 p.m. May 6	May 6
662		102	2:43 p.m. May 6	May 6
38		103	2:43 p.m. May 6	May 6
413		104	2:45 p.m. May 6	May 6
1894		105	2:45 p.m. May 6	May 6
472		106	2:47 p.m. May 6	May 6
101		107	2:50 p.m. May 6	May 6
166		108	2:52 p.m. May 6	May 6

Sincerely,

Joan Anderson Growe
Secretary of State

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 664, relating to state government; adding authority for the board of water and soil resources to accept and administer federal grants, donations, gifts, and other contributions to achieve authorized objectives of the agency.

Warmest regards,

Arne H. Carlson

Governor

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
	664	109	10:50 a.m. May 8	May 8
329		110	10:52 a.m. May 8	May 8
525		111	11:08 a.m. May 8	May 8
813		112	11:13 a.m. May 8	May 8
333		113	11:14 a.m. May 8	May 8
1179		114	11:18 a.m. May 8	May 8
683		117	11:18 a.m. May 8	May 8
399		118	11:20 a.m. May 8	May 8 Journal of the House - 56th Day - Friday, May 9, 1997 - Top of Page 3950
1165		119	11:25 a.m. May 8	May 8
741		120	11:30 a.m. May 8	May 8
156		121	11:34 a.m. May 8	May 8
536		122	11:38 a.m. May 8	May 8

Sincerely,

Joan Anderson Growe
Secretary of State

S. F. No. 900 was read for the second time.

The following House Files were introduced:

Milbert; Anderson, I.; Bishop and Osthoff introduced:

H. F. No. 2201, A bill for an act relating to baseball; providing for a process to construct, fund, maintain, and govern a major league baseball stadium; providing for powers and duties of the metropolitan sports facilities commission; authorizing certain taxes, revenue distributions, bonds and other debt obligations, and allocations; appropriating money; amending Minnesota Statutes 1996, sections 240.15, subdivision 1; 297A.02, subdivision 3; 297A.259; 297E.02, subdivision 6; 473.551, subdivision 8, and by adding subdivisions; 473.552; 473.553, subdivision 1; 473.556, subdivisions 3, 4, 5, and by adding subdivisions; and 609.761, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 349A; and 473; proposing coding for new law as Minnesota Statutes, chapter 473I.

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

Anderson, B.; Mares; Farrell; McGuire and Broecker introduced:

H. F. No. 2202, A bill for an act relating to children; providing for treatment of certain children in need of protection or services; requiring certain notices; imposing a criminal penalty; amending Minnesota Statutes 1996, section 260.191, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 260.

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

The following messages were received from the Senate:

Mr. Speaker:

Page 63, line 28, delete "47" and insert "48"

Page 63, line 30, after the period, insert "Section 47 is effective for health plans issued or renewed on or after August 1, 1997."

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 Farrell and Trimble amendment and the roll was called.

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

There were 128 yeas and 3 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Haas	Krinkie	Workman

The motion prevailed and the amendment was adopted.

Van Dellen; Kraus; Westrom; Knight; Erhardt; Pugh; Kielkucki; Milbert; Sykora; Tuma; Wolf; Reuter; Tompkins; Tingelstad; Bradley; Anderson, I.; Seagren; Osskopp and Gunther moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 70, lines 27, 31, and 35, delete "1.5" and insert "one"

Page 71, lines 3 and 10, delete "1.5" and insert "one"

Page 74, lines 5 and 7, delete "1.5" and insert "one"

Page 76, line 19, delete "1.5" and insert "one"

Page 77, line 5, delete "1.5" and insert "one"

Page 78, lines 13 and 14, delete "1.5" and insert "one"

A roll call was requested and properly seconded.

Greenfield moved to amend the Van Dellen et al amendment to S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 1, after line 2, insert:

"Page 63, line 18, delete "62Q.41;"

"Page 63, line 19, delete "and 147.01, subdivision 6," and insert "and 62Q.41"

Amend the title accordingly

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 46 yeas and 86 nays as follows:

Those who voted in the affirmative were:

Biernat	Garcia	Jefferson	Lieder	Munger	Slawik
Chaudhary	Greenfield	Jennings	Long	Murphy	Tomassoni
Clark	Greiling	Johnson, R.	Mahon	Olson, E.	Wagenius
Dawkins	Hasskamp	Juhnke	Mariani	Orfield	Wejcman
Delmont	Hausman	Kahn	Marko	Rest	Winter
Dorn	Hilty	Koskinen	McCollum	Sekhon	Spk. Carruthers
Entenza	Huntley	Kubly	McGuire	Skare
Evans	Jaros	Leighton	Mullery	Skoglund

Those who voted in the negative were:

Abrams	Farrell	Koppendrayer	Nornes	Rostberg	Trimble
Anderson, B.	Finseth	Kraus	Olson, M.	Rukavina	Tuma
Anderson, I.	Folliard	Krinkie	Osskopp	Schumacher	Tunheim
Bakk	Goodno	Kuisle	Osthoff	Seagren	Van Dellen
Bettermann	Gunther	Larsen	Otremba	Seifert	Vickerman
Boudreau	Haas	Leppik	Ozment	Smith	Weaver
Bradley	Harder	Lindner	Paulsen	Solberg	Wenzel
Broecker	Holsten	Luther	Pawlenty	Stanek	Westfall
Carlson	Johnson, A.	Macklin	Paymar	Stang	Westrom
Journal of the House - 56th Day - Friday, May 9, 1997 - Top of Page 3958
Commers	Kalis	Mares	Pelowski	Sviggum	Wolf
Daggett	Kelso	McElroy	Peterson	Swenson, D.	Workman
Davids	Kielkucki	Milbert	Pugh	Swenson, H.
Dehler	Kinkel	Molnau	Reuter	Sykora
Dempsey	Knight	Mulder	Rhodes	Tingelstad
Erhardt	Knoblach	Ness	Rifenberg	Tompkins

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

The Speaker resumed the Chair.

The question recurred on the Van Dellen et al amendment and the roll was called.

Weaver moved that those not voting be excused from voting. The motion did not prevail.

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

There were 91 yeas and 40 nays as follows:

Those who voted in the affirmative were:

Abrams	Finseth	Koskinen	Ness	Rifenberg	Tompkins
Anderson, B.	Folliard	Kraus	Nornes	Rostberg	Trimble
Anderson, I.	Goodno	Krinkie	Olson, M.	Rukavina	Tuma
Bettermann	Gunther	Kubly	Osskopp	Schumacher	Van Dellen
Boudreau	Haas	Kuisle	Osthoff	Seagren	Vickerman
Bradley	Harder	Larsen	Otremba	Seifert	Weaver
Broecker	Holsten	Leppik	Ozment	Slawik	Wenzel
Commers	Johnson, A.	Lindner	Paulsen	Smith	Westfall
Daggett	Juhnke	Luther	Pawlenty	Stanek	Westrom
Davids	Kalis	Macklin	Paymar	Stang	Wolf
Dehler	Kelso	Mares	Pelowski	Sviggum	Workman
Delmont	Kielkucki	Marko	Peterson	Swenson, D.
Dempsey	Kinkel	McElroy	Pugh	Swenson, H.
Entenza	Knight	Milbert	Rest	Sykora
Erhardt	Knoblach	Molnau	Reuter	Tingelstad
Farrell	Koppendrayer	Mulder	Rhodes	Tomassoni

Those who voted in the negative were:

Bakk	Evans	Jaros	Long	Murphy	Tunheim
Biernat	Garcia	Jefferson	Mahon	Olson, E.	Wagenius
Carlson	Greenfield	Jennings	Mariani	Orfield	Wejcman
Chaudhary	Greiling	Johnson, R.	McCollum	Sekhon	Winter
Clark	Hausman	Kahn	McGuire	Skare	Spk. Carruthers
Dawkins	Hilty	Leighton	Mullery	Skoglund
Dorn	Huntley	Lieder	Munger	Solberg

The motion prevailed and the amendment was adopted.

Haas moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 63, after line 4, insert:

"Sec. 51. [PRESCRIPTION DRUG INSURANCE PROGRAM.]

The commissioner of commerce shall study the feasibility of providing an insurance program to provide prescription drugs to Minnesotans who are 65 and older. The program shall be administered by the Minnesota comprehensive health association, but shall be separate from the health coverage programs operated by the association under Minnesota Statutes, chapter 62E. In studying the feasibility of the program, the commissioner shall incorporate, to the extent feasible, the administrative procedures and health care delivery methods used by the association under Minnesota Statutes, chapter 62E. The commissioner shall study the program based upon independent actuarial analysis, and shall present recommendations to the legislature by December 15, 1997."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Bradley moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 80, line 25, delete everything after the period

Page 80, delete lines 26 to 28

The motion prevailed and the amendment was adopted.

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

Boudreau moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 6, line 17, delete "175" and insert "150"

A roll call was requested and properly seconded.

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

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

There were 60 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Journal of the House - 56th Day - Friday, May 9, 1997 - Top of Page 3960
Anderson, B.	Erhardt	Koppendrayer	Molnau	Rifenberg	Sykora
Bettermann	Finseth	Kraus	Mulder	Rostberg	Tingelstad
Boudreau	Goodno	Krinkie	Ness	Seagren	Tompkins
Bradley	Gunther	Kuisle	Nornes	Seifert	Tuma
Broecker	Haas	Larsen	Olson, M.	Smith	Van Dellen
Commers	Harder	Leppik	Osskopp	Stanek	Vickerman
Daggett	Holsten	Lindner	Paulsen	Stang	Weaver
Davids	Kielkucki	Macklin	Pawlenty	Sviggum	Westfall
Dehler	Knight	Mares	Reuter	Swenson, D.	Westrom
Dempsey	Knoblach	McElroy	Rhodes	Swenson, H.	Wolf

Those who voted in the negative were:

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

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

Reuter and Hasskamp moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 13, after line 8, insert:

"Sec. 19. Minnesota Statutes 1996, section 256.9363, subdivision 7, is amended to read:

Subd. 7. [MANAGED CARE PLAN VENDOR REQUIREMENTS.] The following requirements apply to all counties or vendors who contract with the department of human services to serve MinnesotaCare recipients. Managed care plan contractors:

(1) shall authorize and arrange for the provision of the full range of services listed in section 256.9353 in order to ensure appropriate health care is delivered to enrollees;

(2) shall accept the prospective, per capita payment or other contractually defined payment from the commissioner in return for the provision and coordination of covered health care services for eligible individuals enrolled in the program;

(3) may contract with other health care and social service practitioners to provide services to enrollees;

(4) shall provide for an enrollee grievance process as required by the commissioner and set forth in the contract with the department;

(5) shall retain all revenue from enrollee copayments;

(6) shall accept all eligible MinnesotaCare enrollees, without regard to health status or previous utilization of health services;

(8) shall demonstrate capacity to accept financial risk according to requirements specified in the contract with the department. A health maintenance organization licensed under chapter 62D, or a nonprofit health plan licensed under chapter 62C, is not required to demonstrate financial risk capacity, beyond that which is required to comply with chapters 62C and 62D; and

(8) (9) shall submit information as required by the commissioner, including data required for assessing enrollee satisfaction, quality of care, cost, and utilization of services."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Smith moved to amend the Reuter and Hasskamp amendment to S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 2, line 2, delete everything after "chiropractor"

Page 2, line 3, delete everything before the semicolon

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

The question recurred on the Reuter and Hasskamp amendment, as amended, and the roll was called. There were 106 yeas and 25 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Farrell	Kinkel	McGuire	Peterson	Swenson, D.
Anderson, I.	Finseth	Knight	Milbert	Pugh	Swenson, H.
Bakk	Folliard	Koppendrayer	Molnau	Rest	Sykora
Bettermann	Garcia	Kraus	Mulder	Reuter	Tingelstad
Biernat	Goodno	Krinkie	Munger	Rhodes	Tomassoni
Boudreau	Greiling	Kubly	Murphy	Rifenberg	Tompkins
Broecker	Gunther	Kuisle	Ness	Rostberg	Tuma
Carlson	Harder	Larsen	Nornes	Rukavina	Tunheim
Chaudhary	Hasskamp	Leighton	Olson, E.	Schumacher	Weaver
Clark	Hilty	Lieder	Olson, M.	Seagren	Wejcman
Daggett	Holsten	Lindner	Osskopp	Seifert	Wenzel
Davids	Jaros	Luther	Osthoff	Sekhon	Westfall
Dawkins	Jefferson	Macklin	Otremba	Skare	Westrom
Dehler	Jennings	Mahon	Ozment	Smith	Winter
Dempsey	Johnson, A.	Mares	Paulsen	Solberg	Wolf
Entenza	Juhnke	Marko	Pawlenty	Stanek	Spk. Carruthers
Erhardt	Kalis	McCollum	Paymar	Stang
Evans	Kielkucki	McElroy	Pelowski	Sviggum

Those who voted in the negative were:

Abrams	Greenfield	Kahn	Long	Slawik	Wagenius
Bradley	Haas	Kelso	Mariani	Trimble
Commers	Hausman	Knoblach	Mullery	Van Dellen
Delmont	Huntley	Koskinen	Orfield	Vickerman
Dorn	Johnson, R.	Leppik	Skoglund

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

Tingelstad, Nornes, Kielkucki, Kuisle, Reuter, Davids, Westrom, Westfall, Rifenberg, Sykora, Goodno, Stang and Seifert moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 7, delete section 8 of article 1

Page 20, line 13, delete everything after the second "the"

Page 20, delete line 14

Page 20, line 15, delete everything before "affordability"

A roll call was requested and properly seconded.

The question was taken on the Tingelstad et al amendment and the roll was called. There were 62 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Bradley moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 3, lines 12 to 17, delete the new language

Page 5, delete lines 1 to 4

Pages 11 and 12, delete section 17 of article 1

A roll call was requested and properly seconded.

The question was taken on the Bradley amendment and the roll was called. There were 65 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Sviggum moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 38, after line 15, insert:

"Sec. 18. Minnesota Statutes 1996, section 62J.152, is amended by adding a subdivision to read:

Subd. 1a. [LEGISLATIVE ACTION.] Nothing in subdivision 1 shall be construed to:

(1) require the legislature to postpone hearings or legislative action on a proposed benefit mandate; or

(2) require the legislature to act in accordance with any recommendations of the health technology advisory committee."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

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

There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The motion prevailed and the amendment was adopted.

Haas, Bradley and Rukavina moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Pages 22 to 24, delete section 4

Pages 25 to 35, delete sections 8 to 11

Page 51, delete section 31

Page 63, line 13, delete "62J.042;"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Westrom, Davids and Hasskamp moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Page 13, after line 8, insert:

Subd. 7. [MANAGED CARE PLAN VENDOR REQUIREMENTS.] The following requirements apply to all counties or vendors who contract with the department of human services to serve MinnesotaCare recipients. Managed care plan contractors:

(1) shall authorize and arrange for the provision of the full range of services listed in section 256.9353 in order to ensure appropriate health care is delivered to enrollees;

(2) shall accept the prospective, per capita payment or other contractually defined payment from the commissioner in return for the provision and coordination of covered health care services for eligible individuals enrolled in the program;

(3) may contract with other health care and social service practitioners to provide services to enrollees;

(4) shall provide for an enrollee grievance process as required by the commissioner and set forth in the contract with the department;

(5) shall retain all revenue from enrollee copayments;

(6) shall accept all eligible MinnesotaCare enrollees, without regard to health status or previous utilization of health services;

(7) shall accept into its managed care network any licensed hospital or medical clinic located in a city with a population below 25,000 located outside of the seven-county metropolitan area;

(8) shall demonstrate capacity to accept financial risk according to requirements specified in the contract with the department. A health maintenance organization licensed under chapter 62D, or a nonprofit health plan licensed under chapter 62C, is not required to demonstrate financial risk capacity, beyond that which is required to comply with chapters 62C and 62D; and

(8) (9) shall submit information as required by the commissioner, including data required for assessing enrollee satisfaction, quality of care, cost, and utilization of services."

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 Westrom et al amendment and the roll was called.

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

There were 76 yeas and 53 nays as follows:

Those who voted in the affirmative were:

Abrams	Farrell	Koppendrayer	Ness	Rifenberg	Tompkins
Anderson, B.	Finseth	Kraus	Nornes	Rostberg	Trimble
Journal of the House - 56th Day - Friday, May 9, 1997 - Top of Page 3966
Anderson, I.	Goodno	Krinkie	Olson, E.	Schumacher	Tuma
Bakk	Gunther	Kubly	Olson, M.	Seagren	Van Dellen
Bettermann	Harder	Kuisle	Osskopp	Seifert	Vickerman
Boudreau	Hasskamp	Larsen	Otremba	Smith	Weaver
Bradley	Holsten	Lieder	Ozment	Stanek	Wenzel
Broecker	Juhnke	Lindner	Paulsen	Stang	Westfall
Daggett	Kalis	Macklin	Pawlenty	Sviggum	Westrom
Davids	Kielkucki	Mares	Pelowski	Swenson, D.	Winter
Dehler	Kinkel	McElroy	Peterson	Swenson, H.	Wolf
Dempsey	Knight	Molnau	Reuter	Sykora
Erhardt	Knoblach	Mulder	Rhodes	Tingelstad

Those who voted in the negative were:

Biernat	Garcia	Jennings	Luther	Murphy	Skoglund
Carlson	Greenfield	Johnson, A.	Mahon	Orfield	Slawik
Chaudhary	Greiling	Johnson, R.	Mariani	Osthoff	Solberg
Clark	Haas	Kahn	Marko	Paymar	Tomassoni
Commers	Hausman	Kelso	McCollum	Pugh	Tunheim
Delmont	Hilty	Koskinen	McGuire	Rest	Wagenius
Dorn	Huntley	Leighton	Milbert	Rukavina	Wejcman
Evans	Jaros	Leppik	Mullery	Sekhon	Spk. Carruthers
Folliard	Jefferson	Long	Munger	Skare

The motion prevailed and the amendment was adopted.

Mulder moved to amend S. F. No. 1208, the unofficial engrossment, as amended, as follows:

Delete Article 4 and insert:

Section 1. [151.471] [BEST PRICE REPORTING REQUIREMENT.]

(a) As a condition of licensure under section 151.47, a wholesale drug distributor, as defined in section 151.44, paragraph (b), shall report to the commissioner of human services, in the manner prescribed by that commissioner, the best price for each prescription drug sold or distributed in Minnesota. For purposes of this requirement, "best price" means the lowest price at which the wholesale drug distributor sells or distributes the prescription drug to a retail pharmacy, retail pharmacy chain, or retail pharmacy purchasing group. When reporting the best price to the commissioner, a wholesale drug distributor shall also include information on the quantity of prescription drugs to which the best price applies, and information on how a retail pharmacy, retail pharmacy chain, or retail pharmacy purchasing group can purchase prescription drugs at the best price.

(b) The board of pharmacy shall investigate violations of paragraph (a). The board shall assess a financial penalty against a wholesale drug distributor, if the board determines that the wholesale drug distributor has failed to provide to the commissioner of human services the information required under paragraph (a), or has provided fraudulent information.

Sec. 2. [256.9773] [PRESCRIPTION DRUG PROGRAM FOR SENIOR CITIZENS.]

Subdivision 1. [PURPOSE.] The purpose of the program established by this section is to provide retail pharmacies, especially independent pharmacies with small profit margins on prescription drugs, with the ability to provide prescription drugs to eligible senior citizens at lower prices than they would normally be able to charge, through the provision of supplemental payments. The intent of the program is to allow each retail pharmacy to determine what level of price reduction is appropriate, based upon their economic situation and market competition.

make available to eligible senior citizens information on the best price, as defined in section 151.471. County social services agencies shall charge senior citizens initially applying for the program a $75.00 application fee, and shall charge senior citizens an annual renewal fee of $25.00

Subd. 3. [ELIGIBLE SENIOR CITIZEN.] For purposes of this section, an eligible senior citizen is a person who is age 65 or older who:

(1) has a household income that does not exceed 200 percent of the federal poverty guidelines;

(2) is not eligible for medical assistance or general assistance medical care, without a spenddown, and is not eligible for MinnesotaCare;

(3) is a resident of Minnesota, as determined using the procedures in chapter 256B; and

(4) does not own assets in excess of $100,000, using the method for determining assets in chapter 256B.

Subd. 4. [SUPPLEMENTAL PAYMENTS.] The commissioner of human services shall pay a supplemental payment to each retail pharmacy registered under subdivision 5, for each legend drug covered under medical assistance that is purchased from the pharmacy by an eligible senior citizen who has satisfied the applicable deductible specified in subdivision 6. Supplemental payments shall be available only for prescription drugs purchased in quantities that do not exceed a 30-day supply or the quantity necessary to complete a course of treatment, if this is greater than a 30-day supply. The supplemental payment shall be equal to the best price for the prescription drug, as defined in section 151.471, prorated for the quantity purchased by the eligible senior citizen, plus a $4.50 dispensing fee for each prescription, and minus the applicable copayment under subdivision 6. Supplemental payments shall be provided beginning January 1, 1998.

Subd. 5. [PHARMACY PARTICIPATION.] To participate in the program and receive supplemental payments, a retail pharmacy must:

(1) register annually with the commissioner of human services using the forms and procedures prescribed by the commissioner;

(2) charge each eligible senior citizen the same pharmacy-specific price for each prescription drug, based upon the price of each prescription drug as determined by each pharmacy, plus a $4.50 dispensing fee and the applicable copayment under subdivision 6;

(3) provide the commissioner with monthly information on prescription drug purchases by eligible senior citizens, the price charged by the pharmacy for the prescription drugs purchased by eligible senior citizens, and any information the commissioner determines is necessary to verify these purchases and to evaluate the program as required under subdivision 7; and

(4) be located in Minnesota.

A retail pharmacy participating in the program may establish a system of patient recall to ensure that eligible senior citizens are refilling their prescriptions in a timely manner and taking their prescription drugs appropriately.

Subd. 6. [COST-SHARING REQUIREMENTS.] Eligible senior citizens shall be responsible for the following deductibles and copayments, based upon household income:

(1) an annual deductible of $200 per person and a copayment of $2 per prescription, for eligible seniors with household incomes not exceeding 125 percent of the federal poverty guidelines;

(3) an annual deductible of $600 per person and a copayment of $6 per prescription, for eligible seniors with household incomes greater than 150 percent but not exceeding 175 percent of the federal poverty guidelines; or

(4) an annual deductible of $800 per person and a copayment of $8 per prescription, for eligible seniors with household incomes greater than 175 percent but not exceeding 200 percent of the federal poverty guidelines.

Subd. 7. [REPORT.] The commissioner of human services shall determine whether the program established by this section results in a significant reduction in the price of prescription drugs paid by eligible seniors and shall report to the legislature by January 15, 1999.

Sec. 3. Minnesota Statutes 1996, section 290.01, subdivision 19b, is amended to read:

Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For individuals, estates, and trusts, there shall be subtracted from federal taxable income:

(1) interest income on obligations of any authority, commission, or instrumentality of the United States to the extent includable in taxable income for federal income tax purposes but exempt from state income tax under the laws of the United States;

(2) if included in federal taxable income, the amount of any overpayment of income tax to Minnesota or to any other state, for any previous taxable year, whether the amount is received as a refund or as a credit to another taxable year's income tax liability;

(3) the amount paid to others not to exceed $650 for each dependent in grades kindergarten to 6 and $1,000 for each dependent in grades 7 to 12, for tuition, textbooks, and transportation of each dependent in attending an elementary or secondary school situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the Civil Rights Act of 1964 and chapter 363. As used in this clause, "textbooks" includes books and other instructional materials and equipment used in elementary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state. "Textbooks" does not include instructional books and materials used in the teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such tenets, doctrines, or worship, nor does it include books or materials for, or transportation to, extracurricular activities including sporting events, musical or dramatic events, speech activities, driver's education, or similar programs. In order to qualify for the subtraction under this clause the taxpayer must elect to itemize deductions under section 63(e) of the Internal Revenue Code;

(4) to the extent included in federal taxable income, distributions from a qualified governmental pension plan, an individual retirement account, simplified employee pension, or qualified plan covering a self-employed person that represent a return of contributions that were included in Minnesota gross income in the taxable year for which the contributions were made but were deducted or were not included in the computation of federal adjusted gross income. The distribution shall be allocated first to return of contributions until the contributions included in Minnesota gross income have been exhausted. This subtraction applies only to contributions made in a taxable year prior to 1985;

(5) income as provided under section 290.0802;

(6) the amount of unrecovered accelerated cost recovery system deductions allowed under subdivision 19g;

(7) to the extent included in federal adjusted gross income, income realized on disposition of property exempt from tax under section 290.491;

(8) to the extent not deducted in determining federal taxable income, the amount paid for health insurance of self-employed individuals as determined under section 162(l) of the Internal Revenue Code, except that the 25 percent limit does not apply. If the taxpayer deducted insurance payments under section 213 of the Internal Revenue Code of 1986, the subtraction under this clause must be reduced by the lesser of:

(ii) the lesser of (A) the amount of insurance qualifying as "medical care" under section 213(d) of the Internal Revenue Code to the extent not deducted under section 162(1) of the Internal Revenue Code or excluded from income or (B) the total amount deductible for medical care under section 213(a); and

(9) the exemption amount allowed under Laws 1995, chapter 255, article 3, section 2, subdivision 3; and

(10) to the extent not deducted in determining federal taxable income, the amount paid by an eligible senior citizen for prescription drugs covered under the prescription drug program for senior citizens established in section 256.9773. If the taxpayer deducted amounts paid for the prescription drugs under section 213 of the Internal Revenue Code of 1986, the subtraction under this clause must be reduced by the lesser of:

(i) the total itemized deductions allowed under section 63(d) of the Internal Revenue Code, less state, local, and foreign income taxes deductible under section 164 of the Internal Revenue Code, and the standard deduction under section 63(c) of the Internal Revenue Code; or

(ii) the lesser of (A) the amount paid for prescription drugs covered under the prescription drug program for senior citizens or (B) the total amount deductible for medical care under section 213(a) of the Internal Revenue Code reduced by the deduction under clause (8).

Sec. 4. [ADEQUACY OF FUNDING.]

The commissioner of human services, in consultation with the commissioner of revenue, shall evaluate whether the expected annual cost of the prescription drug program established under section 256.9773 will exceed the total annual amount of MinnesotaCare taxes paid by pharmacists and wholesale drug distributors. The commissioner shall present the results of this evaluation to the legislature by January 15, 1999."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Correct the subdivision and section totals and the summaries by fund accordingly

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

repealing Minnesota Statutes 1996, sections 62E.11, subdivision 12; 62J.04, subdivisions 4 and 7; 62J.05; 62J.051; 62J.09, subdivision 3a; 62J.37; 62N.01, subdivision 2; 62N.02, subdivisions 2, 3, 4b, 4c, 6, 7, 8, 9, 10, and 12; 62N.03; 62N.04; 62N.05; 62N.06; 62N.065; 62N.071; 62N.072; 62N.073; 62N.074; 62N.076; 62N.077; 62N.078; 62N.10; 62N.11; 62N.12; 62N.13; 62N.14; 62N.15; 62N.17; 62N.18; 62N.24; 62N.38; 62Q.165, subdivision 3; 62Q.25; 62Q.29; 62Q.41; 147.01, subdivision 6; 295.52, subdivision 1b; and 295.53, subdivision 5; Laws 1993, chapter 247, article 4, section 8; Laws 1994, chapter 625, article 5, section 5, as amended; Laws 1995, chapter 96, section 2; and Laws 1995, First Special Session chapter 3, article 13, section 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 125 yeas and 6 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Dehler	Lindner	Olson, M.	Swenson, H.	Tompkins

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

Winter moved that the 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.

There being no objection, the order of business reverted to Messages from the Senate.

The following message was received from the Senate:

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 637, A bill for an act relating to retirement; increasing pension benefit accrual rates; adjusting financing for pension plans; adding supplemental financial conditions information for pension funds; reducing appropriations; modifying or establishing various pension aids; appropriating money; amending Minnesota Statutes 1996, sections 3.85, subdivisions 11 and 12; 3A.02, subdivisions 1 and 4; 3A.03, subdivision 1; 3A.07; 11A.18, subdivision 9; 69.011, subdivisions 1, 2, and by adding a subdivision; 69.021, subdivisions 7a and 10; 69.031, subdivision 5; 352.01, subdivision 25; 352.04, subdivisions 2 and 3; 352.115, subdivision 3; 352.72, subdivision 2; 352.92, subdivisions 1 and 2; 352.93, subdivisions 2, 3, and by adding a subdivision; 352.95, subdivisions 1 and 5; 352B.02, subdivisions 1a and 1c; 352B.08, subdivisions 2 and 2a; 352B.10, subdivision 1; 352B.30, by adding a subdivision; 352C.031, subdivision 4; 352C.033; 352D.02, subdivisions 1 and 2; 352D.04, subdivisions 1 and 2; 353.01, subdivision 37; 353.27, subdivisions 2 and 3a; 353.29, subdivision 3; 353.651, subdivision 3; 353.656, subdivision 1; 353.71, subdivision 2; 353A.08, subdivisions 1 and 2; 353A.083, by adding a subdivision; 354.05, subdivision 38; 354.42, subdivisions 2, 3, and 5; 354.44, subdivision 6, and by adding a subdivision; 354.53, subdivision 1; 354.55, subdivision 11; 354A.011, subdivision 15a; 354A.12, subdivisions 1, 2a, 3a, and 3c; 354A.31, subdivisions 4 and 4a; 356.20, subdivision 2; 356.215, subdivisions 2, 4d, and 4g; 356.217; 356.30, subdivisions 1 and 3; 356.32, subdivision 2; 422A.06, subdivision 8; 422A.151; 423B.01, subdivision 9, and by adding a subdivision; 423B.06, by adding a subdivision; 423B.07; 423B.09, subdivision 1, and by adding a subdivision; 423B.10, subdivision 1; 423B.15, subdivisions 2, 3, 6, and by adding a subdivision; 490.123, subdivisions 1a and 1b; and 490.124, subdivisions 1 and 5; Laws 1965, chapter 519, section 1, as amended; Laws 1979, chapter 109, section 1, as amended; Laws 1989, chapter 319, article 19, section 7, subdivisions 1, as amended, 3, 4, as amended, and 7; and Laws 1993, chapter 125, article 1, section 1; proposing coding for new law in Minnesota Statutes, chapters 124; 273; 352; 352C; 354A; 355; and 356; repealing Minnesota Statutes 1996, sections 124.195, subdivision 12; 124.2139; 353C.01; 353C.02; 353C.03; 353C.04; 353C.05; 353C.06; 353C.07; 353C.08; 353C.09; 353C.10; 354A.12, subdivision 2b; 356.70; and 356.88, subdivision 2; and Laws 1985, chapter 259, section 3; and Laws 1993, chapter 336, article 3, section 1.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Morse; Betzold; Terwilliger; Stevens and Pogemiller.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Jefferson moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 637. The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 637:

Jefferson, Kahn, Murphy, Mares and Smith.

Greenfield moved that the names of Dorn and Koskinen be added as authors on H. F. No. 1441. The motion prevailed.

Johnson, R., moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, May 8, 1997, when the vote was taken on the repassage of H. F. No. 512, as amended by the Senate." The motion prevailed.

Winter moved that when the House adjourns today it adjourn until 10:30 a.m., Monday, May 12, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:30 a.m., Monday, May 12, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives