Garcia moved that the House concur in the Senate amendments to H. F. No. 966 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 966, A bill for an act relating to employment; modifying provisions governing payment of wages; including the state in the definition of employer for certain purposes; amending Minnesota Statutes 1996, sections 181.02; 181.03; 181.063; 181.10; 181.13; 181.14; and 181.171, by adding a subdivision.

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

The question was taken on the repassage 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	Mariani	Pawlenty	Sviggum
Anderson, B.	Evans	Kahn	Marko	Paymar	Swenson, D.
Anderson, I.	Farrell	Kalis	McCollum	Pelowski	Swenson, H.
Bakk	Finseth	Kelso	McElroy	Peterson	Sykora
Bettermann	Folliard	Kielkucki	McGuire	Pugh	Tingelstad
Biernat	Garcia	Kinkel	Milbert	Rest	Tomassoni
Bishop	Goodno	Knight	Molnau	Reuter	Tompkins
Boudreau	Greenfield	Knoblach	Mulder	Rhodes	Trimble
Bradley	Greiling	Koppendrayer	Mullery	Rifenberg	Tuma
Broecker	Gunther	Kraus	Munger	Rostberg	Tunheim
Carlson	Haas	Kubly	Murphy	Rukavina	Van Dellen
Chaudhary	Harder	Kuisle	Ness	Schumacher	Vickerman
Clark	Hasskamp	Larsen	Nornes	Seagren	Wagenius
Commers	Hausman	Leighton	Olson, E.	Seifert	Weaver
Daggett	Hilty	Leppik	Olson, M.	Sekhon	Wejcman
Davids	Holsten	Lieder	Opatz	Skare	Wenzel
Journal of the House - 48th Day - Top of Page 3224
Dawkins	Huntley	Lindner	Orfield	Skoglund	Westfall
Dehler	Jaros	Long	Osskopp	Slawik	Westrom
Delmont	Jefferson	Luther	Osthoff	Smith	Winter
Dempsey	Jennings	Macklin	Otremba	Solberg	Wolf
Dorn	Johnson, A.	Mahon	Ozment	Stanek	Workman
Entenza	Johnson, R.	Mares	Paulsen	Stang	Spk. Carruthers

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

Mr. Speaker:

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

S. F. Nos. 445, 256, 173, 741, 740, 1383 and 738.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 445, A bill for an act relating to veterans; establishing a program to pay a monetary bonus to veterans of the Persian Gulf War; imposing a criminal penalty for false application; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 197.

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

S. F. No. 256, A bill for an act relating to commerce; regulating building and construction contracts; regulating payments and retainages; proposing coding for new law in Minnesota Statutes, chapter 337.

The bill was read for the first time.

Jennings moved that S. F. No. 256 and H. F. No. 335, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 173, A bill for an act relating to commerce; providing for the use, validity, and security of electronic signatures and messages transmitted in commerce; prescribing penalties; proposing coding for new law as Minnesota Statutes, chapter 325K.

The bill was read for the first time.

S. F. No. 741, A bill for an act relating to health; regulating the practice of respiratory care; establishing the requirements for registration and regulation of respiratory care practitioners; providing for continuing education, fees, reporting obligations, disciplinary actions, and for an advisory council; providing criminal penalties; proposing coding for new law as Minnesota Statutes, chapter 147C; repealing Minnesota Rules, parts 4762.0010; 4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070; 4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300.

The bill was read for the first time.

McCollum moved that S. F. No. 741 and H. F. No. 1702, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 740, A bill for an act relating to utilities; expanding the telephone assistance program to provide assistance to low-income families with children; amending Minnesota Statutes 1996, section 237.70, subdivisions 4a, 6, and 7.

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

S. F. No. 1383, A bill for an act relating to the legislature; increasing membership on the legislative audit commission and the commission advisory council; prescribing procedures for rotation of the chair; amending Minnesota Statutes 1996, sections 3.97, subdivision 2; and 3.971, subdivision 4.

The bill was read for the first time.

Rest moved that S. F. No. 1383 and H. F. No. 450, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 738, A bill for an act relating to community-based land use planning; establishing goals; establishing a county community-based planning process; establishing a municipal community-based planning process; sunsetting the municipal board; establishing an alternative dispute resolution process; appropriating money; amending Minnesota Statutes 1996, sections 115.49, by adding a subdivision; 394.23; 394.24, subdivision 1; 414.0325, subdivision 1; 414.033, subdivisions 2b, 11, and 12; 462.352, subdivisions 5, 6, and by adding a subdivision; and 462.357, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 4A; 394; 414; 462; 473; and 572A; repealing Minnesota Statutes 1996, section 414.033, subdivision 2a.

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

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

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

There being no objection, the order of business reverted to Reports of Standing Committees.

Long from the Committee on Taxes to which was referred:

H. F. No. 456, A bill for an act relating to taxation; providing for the service of certain real estate tax redemption notices; amending Minnesota Statutes 1996, sections 281.13; 281.23, subdivision 6; 281.273; and 281.276.

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

Long from the Committee on Taxes to which was referred:

H. F. No. 758, A bill for an act relating to local government; regulating the development, imposition, and management of state mandates upon local political subdivisions; amending Minnesota Statutes 1996, section 477A.014, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 3; and 14; repealing Minnesota Statutes 1996, section 3.982.

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 1336, A bill for an act relating to metropolitan government; providing a sales tax exemption; amending Minnesota Statutes 1996, section 297A.25, by adding a subdivision.

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 1390, A bill for an act relating to the Floodwood joint recreation board; regulating its tax levies.

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

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; 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.

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

The report was adopted.

H. F. Nos. 456 and 758 were read for the second time.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1908.

S. F. No. 1908 was reported to the House.

Greenfield moved to amend S. F. No. 1908, the second unofficial engrossment, as follows:

Page 3, line 11, delete "2,550,299,000" and insert "2,548,012,000, and delete 2,738,314,000" and insert "2,739,095,000", and delete "5,288,613,000" and insert "5,287,107,000"

Page 3, line 13, delete "-0- -0- -0-" and insert "13,700,000 -0- 13,700,000"

Page 3, line 15, delete "32,412,000" and insert "32,535,000, and delete "34,251,000" and insert "34,414,000", and delete "66,663,000" and insert "66,949,000"

Page 3, line 20, delete "3,300,000" and insert "3,330,000"

Page 3, line 21, delete "2,584,706,000" and insert "2,596,242,000", and delete "2,774,436,000" and insert "2,775,380,000", and delete "5,359,142,000" and insert "5,371,622,000"

Page 3, line 29, delete "2,466,382,000" and insert "2,479,087,000", and delete "2,654,862,000" and insert "2,656,517,000"

Page 3, line 31, delete "2,465,929,000" and insert "2, 464,934,000", and delete "2,654,400,000" and insert "2,656,055,000"

Page 3, line 33, delete the first "-0-" and insert "13,700,000"

Page 6, line 52, delete "819,924,000" and insert "820,289,000", and delete "938,440,000" and insert "938,836,000"

Page 7, line 6, delete "335,659,000" and insert "335,999,000", and delete "404,346,000" and insert "404,717,000"

Page 7, line 39, delete "168,967,000" and insert "168,992,000", and delete "168,792,000" and insert "168,817,000"

Page 17, line 9, delete "20,855,000" and insert "20,515,000", and delete "21,654,000" and insert "21,283,000"

Page 21, delete lines 12 to 36

Page 21, line 52, delete "57,466,000" and insert "54,766,000"

Page 22, line 4, delete "33,808,000" and insert "35,488,000", and delete "31,739,000" and insert "33,369,000"

Page 22, line 12, delete "10,731,000" and insert "10,781,000"

Page 22, before line 42, insert:

"[COOPERATION FOR CHILDREN, PARENT EDUCATION.] Of this appropriation the commissioner shall transfer to the state court administrator $100,000 in fiscal year 1998 and $100,000 in fiscal year 1999 for the implementation of the cooperation for the children program and the parent education program. The commissioner shall also request all federal funds available for visitation access grants under the authority of the Personal Responsibility and Work Opportunity Act of 1996. The commissioner may accept on behalf of the state any federal funding for the purpose of financing visitation access programs and shall transfer any funds received for this purpose to the state court administrator for implementation of the parent education program and the cooperation for the children program. The state court administrator shall monitor, evaluate and report on such programs in accordance with any applicable federal regulations."

Page 22, delete lines 42 to 55

Page 23, before line 57, insert:

"NEW CHANCE PROGRAM.] Of this appropriation, $140,000 each year is for a grant to the new chance program. The new chance program shall provide comprehensive services through a private, nonprofit agency to young parents in Hennepin county who have dropped out of school and are receiving public assistance. The program administrator shall report annually to the commissioner on skills development, education, job training, and job placement outcomes for program participants."

Page 23, after line 60, insert:

"[FEDERAL TANF FUNDS.] Federal Temporary Assistance for Needy Families block grant funds authorized under title I of Public Law Number 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, are appropriated to the commissioner in amounts up to $278,621,000 in fiscal year 1998 and $267,792,000 in fiscal year 1999."

Page 23, line 62, delete "5,400,000 in fiscal year 1998" and insert "3,770,000 each year"

Page 24, line 1, delete everything after "grant"

Page 24, delete line 2

Page 24, line 11, delete "59,395,000" and insert "59,670,000", and delete "58,271,000" and insert "57,946,000"

Page 24, line 16, delete "21,737,000" and insert "21,860,000", and delete "21,907,000" and insert "22,070,000"

Page 24, line 31, delete "56,195,000" and insert "57,278,000", and delete "56,098,000" and insert "56,476,000"

Page 24, line 33, delete "47,096,000" and insert "48,056,000", and delete "47,026,000" and insert "47,241,000"

Page 24, line 35, delete "9,099,000" and insert "9,222,000", and delete "9,072,000" and insert "9,235,000"

Page 28, line 33, delete "21,905,000" and insert "21,295,000", and delete "21,098,000" and insert "20,558,000"

Page 28, line 35, delete "9,082,000" and insert "8,472,000", and delete "8,228,000" and insert "7,688,000"

Page 29, line 42, delete "3,375,000" and insert "3,300,000"

Page 29, line 44, delete "3,217,000" and insert "3,142,000"

Page 31, line 46, delete "2,791,000" and insert "2,494,000", and delete "2,811,000" and insert "2,262,000"

Page 31, line 48, delete "1,139,000" and insert "842,000", and delete "1,133,000" and insert "584,000"

Page 33, after line 60, insert:

"Sec. 15. [TRANSFER FROM TANF CHILD CARE.]

The appropriations from the general fund for TANF child care in article 4, section 72, subdivision 3, of H. F. 2147, if enacted, are reduced by $3,770,000 each year. the commissioner of children, families and learning shall transfer $3,770,000 each year in general fund appropriations to the commissioner of human services."

Page 160, after line 34, insert:

"Sec. 53. Minnesota Statutes 1996, section 256G.05, subdivision 2, is amended to read:

Subd. 2. [NON-MINNESOTA RESIDENTS.] State residence is not required for receiving emergency assistance in the general assistance, general assistance medical care, and Minnesota supplemental aid programs only. The receipt of emergency assistance must not be used as a factor in determining county or state residence. Non-Minnesota residents are not eligible for emergency general assistance medical care, except emergency hospital services, and professional services incident to the hospital services, for the treatment of acute trauma resulting from an accident occurring in Minnesota. To be eligible under this subdivision a non-Minnesota resident must verify that they are not eligible for coverage under any other health care program, including coverage from a program in their state of residence."

Page 374, line 28, before "The" and insert "(a)"

Page 375, after line 7, insert:

"(b) Money donated for these improvements must be accounted for in accordance with Minnesota Statutes, section 198.161."

The motion prevailed and the amendment was adopted.

Hasskamp and Wenzel moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

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

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.

Tingelstad moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 33, after line 60, insert:

"Sec. 15. [REDUCTION IN GENERAL FUND APPROPRIATIONS.]

All general fund appropriations in sections 1 to 9 are reduced by one percent. The resulting savings are intended to be returned to the taxpayers of this state."

A roll call was requested and properly seconded.

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

There were 50 yeas and 81 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Koppendrayer	Mulder	Stanek	Weaver
Anderson, B.	Erhardt	Kraus	Nornes	Sviggum	Westfall
Bettermann	Goodno	Krinkie	Ozment	Swenson, D.	Westrom
Bishop	Gunther	Kuisle	Paulsen	Sykora	Wolf
Boudreau	Haas	Larsen	Pawlenty	Tingelstad	Workman
Bradley	Holsten	Lindner	Reuter	Tompkins
Broecker	Jaros	Mares	Rifenberg	Tuma
Commers	Kielkucki	McElroy	Rostberg	Van Dellen
Daggett	Knight	Molnau	Seagren	Vickerman

Those who voted in the negative were:

Anderson, I.	Finseth	Kahn	Marko	Otremba	Smith
Bakk	Folliard	Kalis	McCollum	Paymar	Solberg
Biernat	Garcia	Kelso	McGuire	Pelowski	Stang
Carlson	Greenfield	Kinkel	Milbert	Peterson	Swenson, H.
Chaudhary	Greiling	Knoblach	Mullery	Pugh	Tomassoni
Clark	Hasskamp	Koskinen	Munger	Rest	Trimble
Davids	Hausman	Kubly	Murphy	Rhodes	Tunheim
Dawkins	Hilty	Leighton	Ness	Rukavina	Wagenius
Dehler	Huntley	Leppik	Olson, E.	Schumacher	Wejcman
Delmont	Jefferson	Long	Olson, M.	Seifert	Wenzel
Dorn	Jennings	Luther	Opatz	Sekhon	Winter
Entenza	Johnson, A.	Macklin	Orfield	Skare
Evans	Johnson, R.	Mahon	Osskopp	Skoglund
Farrell	Juhnke	Mariani	Osthoff	Slawik

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

Tompkins moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 45, line 31, delete "UNIVERSALLY OFFERED"

Page 45, line 34, delete "universally offered"

Page 45, line 36, delete everything after "births" and insert "to eligible families throughout the state. This grant program is one of statewide application, and home visiting programs serving any geographic area of the state are eligible to apply for grants."

Page 46, delete lines 1-4

Page 46, line 5, delete everything before "The purpose"

Page 46, after line 7, insert:

"Subd. 2. [ELIGIBLE FAMILY.] For purposes of this section, a family eligible for home visiting services is a family whose annual income does not exceed 175 percent of federal poverty guidelines."

Renumber subdivisions in section 145A.16 in sequence

Page 46, line 20, after "programs" insert "throughout the state"

Page 46, line 23, after "all" insert "eligible" and delete " need or"

Page 46, line 28, after "infants" insert "in eligible families"

Page 47, line 10, delete "designated" and after "areas" insert "served by the programs"

Page 48, line 12, delete "universally"

Page 48, line 13, delete "offered"

Page 48, line 16, delete "universally offered"

Page 48, line 17, delete everything after the period

Page 48, delete lines 18 and 19

Correct internal references

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

Abrams moved that the vote whereby the Tompkins amendment to S. F. No. 1908, the second unofficial engrossment, as amended, which was not adopted earlier today be now reconsidered.

A roll call was requested and properly seconded.

The question was taken on the Abrams motion and the roll was called.

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

There were 94 yeas and 36 nays as follows:

Those who voted in the affirmative were:

Abrams	Entenza	Kielkucki	McCollum	Peterson	Swenson, H.
Anderson, B.	Erhardt	Knight	McElroy	Reuter	Sykora
Anderson, I.	Finseth	Knoblach	Molnau	Rhodes	Tingelstad
Bakk	Garcia	Koppendrayer	Mulder	Rifenberg	Tomassoni
Bettermann	Goodno	Kraus	Munger	Rostberg	Tompkins
Bishop	Greiling	Krinkie	Ness	Rukavina	Tuma
Boudreau	Gunther	Kuisle	Nornes	Schumacher	Van Dellen
Bradley	Haas	Larsen	Olson, E.	Seagren	Vickerman
Broecker	Harder	Leighton	Olson, M.	Seifert	Weaver
Commers	Hasskamp	Leppik	Opatz	Sekhon	Westfall
Daggett	Hausman	Lieder	Osskopp	Skare	Westrom
Davids	Holsten	Lindner	Otremba	Smith	Winter
Dawkins	Jaros	Luther	Ozment	Stanek	Wolf
Dehler	Johnson, A.	Macklin	Paulsen	Stang	Workman
Dempsey	Johnson, R.	Mares	Pawlenty	Sviggum
Dorn	Juhnke	Marko	Pelowski	Swenson, D.

Those who voted in the negative were:

Biernat	Folliard	Kahn	Long	Murphy	Slawik
Carlson	Greenfield	Kalis	Mahon	Orfield	Solberg
Chaudhary	Hilty	Kelso	Mariani	Osthoff	Tunheim
Clark	Huntley	Kinkel	McGuire	Paymar	Wagenius
Delmont	Jefferson	Koskinen	Milbert	Pugh	Wejcman
Evans	Jennings	Kubly	Mullery	Skoglund	Wenzel

The motion prevailed.

The Tompkins amendment to S. F. No. 1908, the second unofficial engrossment, as amended, was again reported to the House as follows:

Page 45, line 31, delete "UNIVERSALLY OFFERED"

Page 45, line 34, delete "universally offered"

Page 45, line 36, delete everything after "births" and insert "to eligible families throughout the state. This grant program is one of statewide application, and home visiting programs serving any geographic area of the state are eligible to apply for grants."

Page 46, delete lines 1-4

Page 46, line 5, delete everything before "The purpose"

Page 46, after line 7, insert:

"Subd. 2. [ELIGIBLE FAMILY.] For purposes of this section, a family eligible for home visiting services is a family whose annual income does not exceed 175 percent of federal poverty guidelines."

Renumber subdivisions in section 145A.16 in sequence

Page 46, line 10, delete "universally offered"

Page 46, line 20, after "programs" insert "throughout the state"

Page 46, line 23, after "all" insert "eligible" and delete " need or"

Page 46, line 28, after "infants" insert "in eligible families"

Page 47, line 10, delete "designated" and after "areas" insert "served by the programs"

Page 48, line 12, delete "universally"

Page 48, line 13, delete "offered"

Page 48, line 16, delete "universally offered"

Page 48, line 17, delete everything after the period

Page 48, delete lines 18 and 19

Correct internal references

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

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

There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Boudreau moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 163, delete line 32

Page 163, line 33, delete everything before "Minnesota"

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 80 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Knight	Mulder	Rostberg	Tomassoni
Anderson, B.	Erhardt	Knoblach	Nornes	Rukavina	Tompkins
Anderson, I.	Finseth	Koppendrayer	Olson, E.	Schumacher	Tuma
Bakk	Goodno	Kraus	Olson, M.	Seagren	Van Dellen
Journal of the House - 48th Day - Top of Page 3235
Bettermann	Gunther	Krinkie	Osskopp	Seifert	Weaver
Bishop	Haas	Kubly	Otremba	Slawik	Wenzel
Boudreau	Harder	Kuisle	Ozment	Smith	Westfall
Bradley	Hasskamp	Larsen	Paulsen	Stanek	Westrom
Broecker	Holsten	Leppik	Pawlenty	Stang	Wolf
Commers	Jennings	Lindner	Pelowski	Sviggum	Workman
Daggett	Johnson, A.	Macklin	Peterson	Swenson, D.
Davids	Juhnke	Mares	Reuter	Swenson, H.
Dehler	Kielkucki	McElroy	Rhodes	Sykora
Delmont	Kinkel	Molnau	Rifenberg	Tingelstad

Those who voted in the negative were:

Biernat	Folliard	Johnson, R.	Mahon	Ness	Skoglund
Carlson	Garcia	Kahn	Mariani	Opatz	Solberg
Chaudhary	Greenfield	Kalis	Marko	Orfield	Trimble
Clark	Greiling	Kelso	McCollum	Osthoff	Tunheim
Dawkins	Hausman	Koskinen	McGuire	Paymar	Vickerman
Dorn	Hilty	Leighton	Milbert	Pugh	Wagenius
Entenza	Huntley	Lieder	Mullery	Rest	Wejcman
Evans	Jaros	Long	Munger	Sekhon	Winter
Farrell	Jefferson	Luther	Murphy	Skare	Spk. Carruthers

The motion prevailed and the amendment was adopted.

Slawik, Delmont, Rukavina, Schumacher, Juhnke, Koskinen, Chaudhary, Biernat, Mahon, Mullery, Folliard, Hilty, Paymar, Skare and Johnson, R., moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 15, after line 35, insert:

256D.03, subdivision 4, and Minnesota Rules, part 9505.0390; respiratory therapy services under Minnesota Statutes, section 256D.03, subdivision 4, and Minnesota Rules, part 9505.0295; dental services under Minnesota Statutes, sections 256B.0625, subdivision 9, and 256D.03, subdivision 4; alternative care services under Minnesota Statutes, section 256B.0913; and semi-independent living services under Minnesota Statutes, section 252.275. The commissioner shall also increase prepaid medical assistance program capitation rates as appropriate to reflect the rate increases in this paragraph. These funds are to be used solely for salary increases to direct care staff."

Adjust totals accordingly

A roll call was requested and properly seconded.

Slawik moved to amend the Slawik amendment to S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 2, line 15, after the period, insert "The money for the reimbursement increases under this paragraph shall be appropriated from the budget reserve account in the general fund."

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 98 yeas and 36 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Kalis	Marko	Pelowski	Swenson, D.
Bakk	Garcia	Kelso	McCollum	Peterson	Tingelstad
Biernat	Greenfield	Kielkucki	McElroy	Pugh	Tomassoni
Bishop	Greiling	Kinkel	McGuire	Rest	Trimble
Carlson	Harder	Koskinen	Milbert	Rhodes	Tunheim
Chaudhary	Hasskamp	Kraus	Mullery	Rifenberg	Wagenius
Clark	Hausman	Krinkie	Munger	Rostberg	Weaver
Davids	Hilty	Kubly	Murphy	Rukavina	Wejcman
Dawkins	Holsten	Leighton	Nornes	Schumacher	Wenzel
Dehler	Huntley	Lieder	Olson, E.	Seagren	Westrom
Delmont	Jaros	Lindner	Opatz	Seifert	Winter
Dempsey	Jefferson	Long	Orfield	Sekhon	Wolf
Dorn	Jennings	Luther	Osskopp	Skare	Spk. Carruthers
Entenza	Johnson, A.	Macklin	Osthoff	Skoglund
Evans	Johnson, R.	Mahon	Otremba	Slawik
Farrell	Juhnke	Mares	Ozment	Smith
Finseth	Kahn	Mariani	Paymar	Stanek

Those who voted in the negative were:

Journal of the House - 48th Day - Top of Page 3237
Abrams	Commers	Knight	Molnau	Reuter	Tompkins
Anderson, B.	Daggett	Knoblach	Mulder	Solberg	Tuma
Bettermann	Erhardt	Koppendrayer	Ness	Stang	Van Dellen
Boudreau	Goodno	Kuisle	Olson, M.	Sviggum	Vickerman
Bradley	Gunther	Larsen	Paulsen	Swenson, H.	Westfall
Broecker	Haas	Leppik	Pawlenty	Sykora	Workman

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

Bradley moved to amend the Slawik amendment, as amended, to S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Remove the amendment to page 2, line 15, of the Slawik amendment to the amendment and insert after page 2, line 17:

"Page 33, after line 60, insert:

Sec. 15. [REDUCTION TO FUND CERTAIN REIMURSEMENT ADJUSTMENTS.]

The general fund appropriations made in this article shall be reduced by 0.5 percent each year, except the appropriation to fund the reimbursement increases for waivered, home care and other noninstitutional services in section 2, subdivision 8, paragraph (g), shall not be reduced under this section.

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 amendment to the amendment and the roll was called. There were 60 yeas and 74 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Finseth	Johnson, R.	Mariani	Paymar	Stang
Bakk	Folliard	Juhnke	Marko	Pelowski	Tomassoni
Biernat	Garcia	Kahn	McCollum	Peterson	Trimble
Carlson	Greenfield	Kalis	McGuire	Pugh	Tunheim
Chaudhary	Greiling	Kelso	Milbert	Rest	Wagenius
Clark	Hasskamp	Kinkel	Mullery	Rifenberg	Wejcman
Davids	Hausman	Koskinen	Munger	Rukavina	Wenzel
Dawkins	Hilty	Kubly	Murphy	Schumacher	Winter
Journal of the House - 48th Day - Top of Page 3238
Delmont	Huntley	Leighton	Olson, E.	Sekhon	Spk. Carruthers
Dorn	Jaros	Lieder	Opatz	Skare
Entenza	Jefferson	Long	Orfield	Skoglund
Evans	Jennings	Luther	Osthoff	Slawik
Farrell	Johnson, A.	Mahon	Otremba	Solberg

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

Bradley moved to amend the Slawik amendment, as amended, to S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 2,line 8, after the semicolon insert:

"adult residential program grants under Minnesota Rules, parts 9535.2000 to 9535.3000; adult and family community support grants under Minnesota Rules, parts 9535.1700 to 9535.1760"

Page 2, line 11, before the period insert:

", and including SILS funding under county social services grants formerly funded under Minnesota Statutes, chapter 256I"

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

The question recurred on the Slawik amendment, as amended, and the roll was called. There were 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Hasskamp, Davids, Schumacher, Smith, Sykora, Juhnke and Winter moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 44, after line 32, insert:

"Sec. 16. Minnesota Statutes 1996, section 145.411, is amended by adding a subdivision to read:

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

Sec. 17. [145.4131] [RECORDING AND REPORTING ABORTION DATA.]

Subdivision 1. [FORMS.] (a) Within 90 days of the effective date of this section, the commissioner shall revise the reporting form HE-01160-03 for physicians performing abortions. A copy of this section shall be sent to each facility where abortions are performed, and to each physician who performs abortions. A facility where abortions are performed or a physician performing an abortion shall obtain a form from the commissioner.

(b) The revised form shall require the following additional information:

(1) information on the method used for each abortion including whether the dilation and extraction procedure was used;

(2) the approximate gestational age of each child subject to abortion;

(3) unless the patient objects, the stated specific reason for the abortion, including, but not limited to, the following:

(i) the life of the mother;

(ii) rape;

(iii) incest;

(iv) unwanted pregnancy;

(v) financial hardship;

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

(vii) substantial and irreversible impairment of a major bodily function if the pregnancy continues;

(viii) other; or

(ix) information indicating that the patient objected to providing a reason and the reason for the objection.

(4) whether the abortion was paid for by public or private funds and whether payment was:

(i) fee-for-service insurance;

(ii) an HMO; or

(iii) other form of payment;

(5) the fee schedule of the physician or facility, for the procedure;

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

(8) for abortions performed during the 16th week of gestation or after, the medical specialty of the physician performing the abortion; and

(9) 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.

With the form required by this subdivision, the department shall provide the facility and physician performing an abortion with a notice stating the requirements of sections 145.4131 to 145.4135 and shall list on the form the penalties specified in section 145.4135 for failure to submit the required forms.

Subd. 2. [SUBMISSION.] A physician performing an abortion shall complete and submit the individual patient forms to the commissioner within 90 days of performing an abortion.

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. 18. [145.4132] [RECORDING AND REPORTING ABORTION COMPLICATION DATA.]

Subdivision 1. [REPORTS BY HOSPITALS.] Beginning October 1, 1997, hospital emergency rooms shall be required to report to the commissioner of health within 90 days of service, on forms supplied by the commissioner, on all patient admissions for complications arising from abortions.

Subd. 2. [FORMS.] (a) Beginning January 1, 1998, 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. 3. [REQUIRED REPORTING BY PHYSICIANS.] 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. 4. [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. 5. [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. 19. [145.4134] [COMMISSIONER'S PUBLIC REPORT.]

Sec. 20. [145.4135] [ENFORCEMENT; PENALTIES.]

(a) A physician or emergency room that fails to submit the required individual patient 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 section 145.4134, or fails in any way to enforce this section, a citizen 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, 145.4132 and 256.010 and to verify data provided, including but not limited to inspection of places where abortions are performed in accordance with chapter 14."

Page 94, after line 31, insert:

"Sec. 8. [256.010] [REPORTING OUT-OF-STATE ABORTIONS.]

(a) 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.

(b) The commissioner of human services shall revise DHS form 2327-795 as necessary to ensure that the information required by paragraph (a) is obtained."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Sviggum moved to amend the Hasskamp et al amendment to S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 1, delete lines 10 to 24 and insert:

"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:

(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;

(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

(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. 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. 18. [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. 19. [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

Sec. 20. [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. 21. [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. 22. [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."

Delete pages 2 to 4

Page 5, delete lines 1 to 29

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 56 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Goodno	Krinkie	Ness	Rifenberg	Tingelstad
Anderson, I.	Gunther	Kubly	Nornes	Rostberg	Tompkins
Bettermann	Haas	Kuisle	Olson, E.	Schumacher	Tuma
Bishop	Harder	Larsen	Olson, M.	Seagren	Tunheim
Boudreau	Hasskamp	Lieder	Osskopp	Seifert	Van Dellen
Journal of the House - 48th Day - Top of Page 3245
Bradley	Juhnke	Lindner	Otremba	Smith	Vickerman
Broecker	Kalis	Macklin	Ozment	Solberg	Weaver
Commers	Kelso	Mares	Paulsen	Stanek	Wenzel
Daggett	Kielkucki	McElroy	Pawlenty	Stang	Westfall
Davids	Knight	Milbert	Pelowski	Sviggum	Westrom
Dehler	Knoblach	Molnau	Peterson	Swenson, D.	Winter
Dempsey	Koppendrayer	Mulder	Pugh	Swenson, H.	Wolf
Finseth	Kraus	Murphy	Reuter	Sykora	Workman

Those who voted in the negative were:

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

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

The question recurred on the Hasskamp et al amendment, as amended, and the roll was called. There were 81 yeas and 53 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

The Speaker resumed the Chair.

Rukavina, Tomassoni, Osskopp and Tuma moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 131, after line 5, insert:

"Sec. 33. Minnesota Statutes 1996, section 256B.0644, is amended to read:

256B.0644 [PARTICIPATION REQUIRED FOR REIMBURSEMENT UNDER OTHER STATE HEALTH CARE PROGRAMS.]

A vendor of medical care, as defined in section 256B.02, subdivision 7, except a vendor of dental services, and a health maintenance organization, as defined in chapter 62D, must participate as a provider or contractor in the medical assistance program, general assistance medical care program, and MinnesotaCare as a condition of participating as a provider in health insurance plans and programs or contractor for state employees established under section 43A.18, the public employees insurance program under section 43A.316, for health insurance plans offered to local statutory or home rule charter city, county, and school district employees, the workers' compensation system under section 176.135, and insurance plans provided through the Minnesota comprehensive health association under sections 62E.01 to 62E.16. The limitations on insurance plans offered to local government employees shall not be applicable in geographic areas where provider participation is limited by managed care contracts with the department of human services. For providers other than health maintenance organizations, participation in the medical assistance program means that (1) the provider accepts new medical assistance, general assistance medical care, and MinnesotaCare patients or (2) at least 20 percent of the provider's patients are covered by medical assistance, general assistance medical care, and MinnesotaCare as their primary source of coverage. The commissioner shall establish participation requirements for health maintenance organizations. The commissioner shall provide lists of participating medical assistance providers on a quarterly basis to the commissioner of employee relations, the commissioner of labor and industry, and the commissioner of commerce. Each of the commissioners shall develop and implement procedures to exclude as participating providers in the program or programs under their jurisdiction those providers who do not participate in the medical assistance program. The commissioner of employee relations shall implement this section through contracts with participating health and dental carriers."

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 Rukavina et al amendment and the roll was called. There were 123 yeas and 10 nays as follows:

Those who voted in the affirmative were:

Abrams	Finseth	Knight	McGuire	Pugh	Sykora
Anderson, B.	Folliard	Knoblach	Molnau	Rest	Tingelstad
Anderson, I.	Garcia	Koppendrayer	Mulder	Reuter	Tomassoni
Bettermann	Goodno	Kraus	Mullery	Rhodes	Tompkins
Biernat	Greiling	Krinkie	Munger	Rifenberg	Trimble
Bishop	Gunther	Kubly	Murphy	Rostberg	Tuma
Journal of the House - 48th Day - Top of Page 3247
Boudreau	Haas	Kuisle	Ness	Rukavina	Tunheim
Bradley	Harder	Larsen	Nornes	Schumacher	Van Dellen
Broecker	Hasskamp	Leighton	Olson, E.	Seagren	Vickerman
Carlson	Hilty	Leppik	Olson, M.	Seifert	Wagenius
Chaudhary	Holsten	Lieder	Opatz	Sekhon	Weaver
Commers	Huntley	Lindner	Orfield	Skare	Wenzel
Daggett	Jefferson	Long	Osskopp	Skoglund	Westfall
Davids	Jennings	Luther	Osthoff	Slawik	Westrom
Dehler	Johnson, A.	Macklin	Otremba	Smith	Winter
Delmont	Johnson, R.	Mahon	Ozment	Solberg	Wolf
Dempsey	Juhnke	Mares	Paulsen	Stanek	Workman
Dorn	Kalis	Mariani	Pawlenty	Stang	Spk. Carruthers
Erhardt	Kelso	Marko	Paymar	Sviggum
Evans	Kielkucki	McCollum	Pelowski	Swenson, D.
Farrell	Kinkel	McElroy	Peterson	Swenson, H.

Those who voted in the negative were:

Bakk	Dawkins	Greenfield	Jaros	Koskinen
Clark	Entenza	Hausman	Kahn	Wejcman

The motion prevailed and the amendment was adopted.

Vickerman moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 6, line 26, after "provide" insert "appropriate personnel and"

Page 6, line 30, after "developed" insert ", evaluated, and changed where needed,"

Page 6, line 33, after "empowerment" insert ", best interests and outcomes which strengthens and supports children and their families"

The motion prevailed and the amendment was adopted.

Boudreau moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 45, line 31, delete "UNIVERSALLY OFFERED"

Page 45, line 34, delete "universally offered" and insert "existing"

Page 45, line 35, delete everything after "programs"

Page 45, delete line 36

Page 46, delete lines 1 to 4

Page 46, line 5, delete everything before "The purpose"

Page 46, delete lines 8 to 17

Page 46, line 19, after the period insert "Only"

Page 46, line 27, delete "be designed" and insert "include a plan"

Page 46, line 32, delete "must" and insert "may either"

Page 47, line 7, after the semicolon insert "and"

Page 47, line 10, delete "designated" and after "areas" insert " served by the programs" and delete "; and" and insert a period

Page 47, delete lines 11 and 12

Page 47, delete lines 26 to 32

Renumber subdivisions in section 145A.16 in sequence

Page 48, line 6, delete everything after "(5)" and insert "increasing accessibility to family planning information and resources;"

Page 48, line 12, delete everything after the first "the" and insert "effectiveness of the home visiting programs."

Page 48, delete lines 13 to 19 and line 22

Page 48, line 23, delete everything before the period

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 Boudreau amendment and the roll was called. There were 63 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Journal of the House - 48th Day - Top of Page 3249
Anderson, I.	Folliard	Johnson, R.	Mahon	Orfield	Skoglund
Bakk	Garcia	Juhnke	Mariani	Osthoff	Slawik
Biernat	Greenfield	Kahn	Marko	Otremba	Solberg
Carlson	Greiling	Kalis	McCollum	Paymar	Tomassoni
Chaudhary	Hasskamp	Kelso	McGuire	Pelowski	Trimble
Clark	Hausman	Kinkel	Milbert	Peterson	Tunheim
Dawkins	Hilty	Koskinen	Mullery	Pugh	Wagenius
Delmont	Huntley	Kubly	Munger	Rest	Wejcman
Dorn	Jaros	Leighton	Murphy	Rukavina	Wenzel
Entenza	Jefferson	Lieder	Ness	Schumacher	Winter
Evans	Jennings	Long	Olson, E.	Sekhon	Spk. Carruthers
Farrell	Johnson, A.	Luther	Opatz	Skare

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

Seifert, Harder, Hasskamp and Wenzel moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Pages 84 to 87, delete section 11

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 Seifert et al amendment and the roll was called. There were 44 yeas and 90 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Finseth	Kraus	Nornes	Seifert	Van Dellen
Anderson, I.	Goodno	Krinkie	Olson, M.	Stanek	Weaver
Bettermann	Harder	Kuisle	Osskopp	Stang	Westfall
Broecker	Hasskamp	Larsen	Reuter	Sviggum	Westrom
Daggett	Holsten	Lindner	Rhodes	Swenson, D.
Davids	Kielkucki	Molnau	Rifenberg	Tingelstad
Dehler	Knight	Mulder	Rostberg	Tompkins
Dempsey	Koppendrayer	Ness	Seagren	Tuma

Those who voted in the negative were:

Abrams	Evans	Johnson, R.	Mahon	Otremba	Smith
Bakk	Farrell	Juhnke	Mares	Ozment	Solberg
Biernat	Folliard	Kahn	Mariani	Paulsen	Swenson, H.
Bishop	Garcia	Kalis	Marko	Pawlenty	Sykora
Boudreau	Greenfield	Kelso	McCollum	Paymar	Tomassoni
Bradley	Greiling	Kinkel	McElroy	Pelowski	Trimble
Carlson	Gunther	Knoblach	McGuire	Peterson	Tunheim
Chaudhary	Haas	Koskinen	Milbert	Pugh	Vickerman
Clark	Hausman	Kubly	Mullery	Rest	Wagenius
Commers	Hilty	Leighton	Munger	Rukavina	Wejcman
Dawkins	Huntley	Leppik	Murphy	Schumacher	Wenzel
Delmont	Jaros	Lieder	Olson, E.	Sekhon	Winter
Dorn	Jefferson	Long	Opatz	Skare	Wolf
Entenza	Jennings	Luther	Orfield	Skoglund	Workman
Erhardt	Johnson, A.	Macklin	Osthoff	Slawik	Spk. Carruthers

Knight moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 209, line 33, delete "may either:" and insert "shall"

Page 209, delete lines 34 to 36

Page 210, delete line 1

Page 210, line 2, delete "(2)"

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 11 yeas and 122 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Kielkucki	Krinkie	Lindner	Osskopp	Workman
Dehler	Knight	Kuisle	Olson, M.	Rukavina

Those who voted in the negative were:

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

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

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.

Slawik was excused between the hours of 5:00 p.m. and 5:30 p.m.

Tompkins moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 45, lines 6 to 30, delete section 17

A roll call was requested and properly seconded.

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

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

There were 72 yeas and 60 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion prevailed and the amendment was adopted.

Bradley, Kalis and Jennings moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 23, after line 22, insert:

"[EBT TRANSACTION COSTS.] (a) Of the amount appropriated for the statewide expansion of electronic benefit transfer (EBT), $350,000 for the biennium is to reimburse participating retailers at the rate of eight cents per transaction for the new costs associated with the change from paper food stamp coupons to electronic food stamp benefits. This reimbursement is only available to retailers utilizing their own EBT equipment; it is not available to retailers utilizing EBT equipment that is supplied by the commissioner of human services. Any balance remaining in the first year does not cancel, but is available in the second year. This appropriation shall not be added to the base for this activity in the 2000-2001 biennial budget.

(b) The commissioner, in consultation with retailers participating in the food stamp program in counties that have implemented EBT, retailers in counties that have not implemented EBT, representatives of the Minnesota grocers association, and an independent party that has a demonstrated capacity to become knowledgeable about food stamp transactions and EBT transactions, shall conduct a study of the statewide expansion of EBT. The study shall examine and quantify the savings to the state of implementing EBT statewide and the true EBT-related costs of participating retailers. The commissioner shall report the results of the study to the legislature by January 15, 1998. The report must include, at a minimum, a recommendation of whether a transaction fee for participating retailers is necessary, and the amount of the transaction fee if one is recommended."

Adjust the totals accordingly

The motion prevailed and the amendment was adopted.

Haas moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 7, line 3, delete "315,298,000" and insert "314,587,000" and delete "365,302,000" and insert "364,152,000"

Page 7, line 6, delete "335,659,000" and insert "335,493,000" and delete "404,346,000" and insert "403,053,000"

Page 7, line 39, delete "168,967,000" and insert "168,737,000" and delete "168,792,000" and insert "168,444,000"

Adjust the totals accordingly

Page 108, line 26 to page 109, line 23, delete sections 18 and 19

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. 1908, the second unofficial engrossment, as amended, as follows:

Page 41, line 3, after "their" insert "consciences or"

Boudreau moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 117, after line 11, insert:

"Subd. 13b. [PHARMACY COPAYMENT REQUIREMENTS.] A copayment of $1 per prescription shall be required under the medical assistance and general assistance medical care programs according to paragraphs (a) to (d):

(a) A copayment shall not be required of children, pregnant women through the postpartum period, recipients whose only available income is a personal needs allowance in the amount established under section 256B.35 or 256B.36, recipients residing in a setting which receives funding under sections 256I.01 to 256I.06, or institutionalized recipients or, under medical assistance only, from any other persons required to be exempted under federal law;

(b) A copayment shall not be required for family planning services or supplies, psychotropic drugs or emergency services;

(c) A provider may not deny a prescription to a recipient because the recipient is unable to pay the copayment;

(d) A lower copayment shall be collected, under medical assistance only, up to the maximum permitted by federal law, for prescriptions on which federal law prohibits a $1 copayment; and

(e) The amount of the copayment under this subdivision shall be subtracted from the payment under subdivision 13; and

(f) This subdivision does not apply to services under the MinnesotaCare program."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Sykora moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 46, line 31, after the period insert:

"In offering a home visit, the program offering the home visit must provide the mother or pregnant woman with a written consent form containing the following information: the parent's right to refuse a home visit, the goals of the home visiting program, how the information obtained from the home visit will be used, and who will receive or have access to the information collected. If the mother or pregnant woman agrees to accept a home visit, she must sign the consent form and shall be given a copy of the signed form."

Page 46, line 32, after "prenatally" insert "with the consent of the pregnant woman"

Page 47, after line 12, insert:

"Subd. 4. [PATIENT CONSENT REQUIRED.] Other than information from the birth record, no information on the birth or on the medical or psychological condition of the mother or child obtained from, or in connection with, a home visit may be released to any state or local agency or representative or any other individual or entity without the express consent of the child's parent or guardian."

Renumber subdivisions in section 145A.16 in sequence

Bettermann moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 168, line 14, delete "and" and insert "after consultation with"

The motion prevailed and the amendment was adopted.

Tompkins offered an amendment to S. F. No. 1908, the second unofficial engrossment, as amended.

Skoglund requested a division of the Tompkins amendment to S. F. No. 1908, the second unofficial engrossment, as amended.

Skoglund further requested that the second portion of the divided Tompkins amendment to S. F. No. 1908, the second unofficial engrossment, as amended, be voted on first.

The second portion of the Tompkins amendment to S. F. No. 1908, the second unofficial engrossment, as amended, reads as follows:

Page 45, after line 5, insert:

"Sec. 17. Minnesota Statutes 1996, section 145.925, subdivision 1a, is amended to read:

Subd. 1a. [FAMILY PLANNING SERVICES; DEFINED.] "Family planning services" means counseling by trained personnel regarding family planning; counseling and education for minors by trained personnel regarding abstinence; distribution of information relating to family planning, abstinence education for minors, referral to licensed physicians or local health agencies for consultation, examination, medical treatment, genetic counseling, and prescriptions for the purpose of family planning; and the distribution of family planning products, such as charts, thermometers, drugs, medical preparations, and contraceptive devices. For purposes of sections 145A.01 to 145A.14, family planning shall mean voluntary action by individuals to prevent or aid conception but does not include the performance, or make referrals for encouragement of voluntary termination of pregnancy."

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 second portion of the Tompkins amendment and the roll was called.

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

There were 120 yeas and 10 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kelso	Mares	Paulsen	Sviggum
Anderson, B.	Evans	Kielkucki	Mariani	Pawlenty	Swenson, D.
Anderson, I.	Farrell	Kinkel	Marko	Pelowski	Swenson, H.
Bakk	Finseth	Knight	McCollum	Peterson	Sykora
Bettermann	Folliard	Knoblach	McElroy	Pugh	Tingelstad
Biernat	Garcia	Koppendrayer	McGuire	Rest	Tomassoni
Bishop	Goodno	Koskinen	Milbert	Reuter	Tompkins
Boudreau	Greiling	Kraus	Molnau	Rhodes	Tuma
Bradley	Gunther	Krinkie	Mulder	Rifenberg	Tunheim
Broecker	Haas	Kubly	Mullery	Rostberg	Van Dellen
Carlson	Harder	Kuisle	Murphy	Schumacher	Vickerman
Chaudhary	Hasskamp	Larsen	Ness	Seagren	Wagenius
Commers	Hilty	Leighton	Nornes	Seifert	Weaver
Daggett	Holsten	Leppik	Olson, E.	Skare	Wenzel
Davids	Jefferson	Lieder	Olson, M.	Skoglund	Westfall
Dehler	Jennings	Lindner	Opatz	Slawik	Westrom
Delmont	Johnson, A.	Long	Orfield	Smith	Winter
Dempsey	Johnson, R.	Luther	Osskopp	Solberg	Wolf
Journal of the House - 48th Day - Top of Page 3255
Dorn	Juhnke	Macklin	Otremba	Stanek	Workman
Entenza	Kalis	Mahon	Ozment	Stang	Spk. Carruthers

Those who voted in the negative were:

Dawkins	Hausman	Jaros	Osthoff	Sekhon
Greenfield	Huntley	Kahn	Paymar	Trimble

The motion prevailed and the second portion of the Tompkins amendment was adopted.

The first portion of the Tompkins amendment to S. F. No. 1908, the unofficial engrossment, as amended, reads as follows:

Page 27, after line 31, insert:

"[EXPANSION TARGETED TO ABSTINENCE.] Of this appropriation, $600,000 for each year is from the increased appropriation to expand family planning services for family planning grants to fund abstinence education and counseling programs for minors under section 145.925."

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 first portion of the Tompkins amendment and the roll was called.

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

There were 69 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Goodno	Kraus	Nornes	Schumacher	Tuma
Anderson, I.	Gunther	Krinkie	Olson, M.	Seagren	Van Dellen
Bettermann	Haas	Kubly	Osskopp	Seifert	Vickerman
Boudreau	Harder	Kuisle	Otremba	Smith	Weaver
Bradley	Holsten	Larsen	Ozment	Stanek	Wenzel
Broecker	Juhnke	Lindner	Paulsen	Stang	Westfall
Journal of the House - 48th Day - Top of Page 3256
Commers	Kalis	Macklin	Pawlenty	Sviggum	Westrom
Daggett	Kelso	Mares	Pelowski	Swenson, D.	Wolf
Davids	Kielkucki	McElroy	Peterson	Swenson, H.	Workman
Dehler	Knight	Molnau	Reuter	Sykora
Dempsey	Knoblach	Mulder	Rifenberg	Tingelstad
Finseth	Koppendrayer	Ness	Rostberg	Tompkins

Those who voted in the negative were:

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

The motion prevailed and the first portion of the Tompkins amendment was adopted.

Seagren and Mulder moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Pages 42 to 43, delete section 11

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 and Mulder amendment and the roll was called.

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

There were 63 yeas and 70 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Sviggum moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Pages 375 to 378, delete article 10

Amend the title accordingly

A roll call was requested and properly seconded.

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

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

There were 24 yeas and 105 nays as follows:

Those who voted in the affirmative were:

Biernat	Entenza	Hilty	Long	Orfield	Sekhon
Clark	Greenfield	Jaros	Mariani	Osthoff	Skoglund
Dawkins	Greiling	Jefferson	McGuire	Paymar	Wagenius
Delmont	Hausman	Kahn	Munger	Rukavina	Wejcman

Those who voted in the negative were:

Abrams	Finseth	Koppendrayer	Milbert	Rest	Tingelstad
Anderson, B.	Garcia	Koskinen	Molnau	Reuter	Tomassoni
Anderson, I.	Goodno	Kraus	Mulder	Rhodes	Tompkins
Bettermann	Gunther	Krinkie	Mullery	Rifenberg	Tuma
Bishop	Haas	Kubly	Murphy	Rostberg	Tunheim
Boudreau	Harder	Kuisle	Ness	Schumacher	Van Dellen
Bradley	Hasskamp	Larsen	Nornes	Seagren	Vickerman
Broecker	Holsten	Leighton	Olson, E.	Seifert	Weaver
Carlson	Huntley	Leppik	Olson, M.	Skare	Wenzel
Chaudhary	Jennings	Lieder	Opatz	Slawik	Westfall
Commers	Johnson, A.	Lindner	Osskopp	Smith	Westrom
Daggett	Juhnke	Luther	Otremba	Solberg	Winter
Journal of the House - 48th Day - Top of Page 3258
Davids	Kalis	Macklin	Ozment	Stanek	Wolf
Dehler	Kelso	Mahon	Paulsen	Stang	Workman
Dempsey	Kielkucki	Mares	Pawlenty	Sviggum	Spk. Carruthers
Dorn	Kinkel	Marko	Pelowski	Swenson, D.
Erhardt	Knight	McCollum	Peterson	Swenson, H.
Evans	Knoblach	McElroy	Pugh	Sykora

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

Leppik and Greenfield moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 49, line 27, after "that" insert:

"the pharmacy or pharmacist require the purchaser to return for disposal an equal or greater number of used hypodermic needles and syringes as is purchased, and"

The motion prevailed and the amendment was adopted.

Haas moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 21, delete lines 45 and 46

Page 21, line 47, delete everything before "Any" and insert "$25,000 to the commissioner of human services to separately publish once each year the names and last known addresses of the 25 persons who are in arrears on child support obligations by the largest dollar amounts, as determined from the list compiled under Minnesota Statutes, section 518.575. This duty is in addition to the publication duties imposed on the commissioner under Minnesota Statutes, section 518.575. The protections provided to obligors under Minnesota Statutes, section 518.575 apply to obligors identified under this section."

Correct the totals accordingly

A roll call was requested and properly seconded.

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

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

There were 60 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Garcia	Kahn	Mariani	Osthoff	Skoglund
Bakk	Greenfield	Kalis	Marko	Otremba	Solberg
Biernat	Greiling	Kelso	McCollum	Ozment	Stang
Carlson	Hasskamp	Kinkel	McGuire	Paymar	Tomassoni
Chaudhary	Hausman	Knoblach	Milbert	Pelowski	Trimble
Clark	Hilty	Koskinen	Mullery	Peterson	Tunheim
Journal of the House - 48th Day - Top of Page 3259
Dawkins	Huntley	Kubly	Munger	Pugh	Wagenius
Dorn	Jaros	Leighton	Murphy	Rest	Wejcman
Entenza	Jefferson	Lieder	Ness	Rukavina	Wenzel
Evans	Jennings	Long	Olson, E.	Schumacher	Winter
Farrell	Johnson, A.	Luther	Opatz	Sekhon	Spk. Carruthers
Folliard	Johnson, R.	Mahon	Orfield	Skare

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

Knight moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 109, line 33, before the semicolon, insert "in public programs"

Page 110, line 5, after "all" insert "public"

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 30 yeas and 101 nays as follows:

Those who voted in the affirmative were:

Abrams	Kielkucki	Kuisle	Olson, M.	Seagren	Tompkins
Anderson, B.	Knight	Lindner	Osskopp	Sviggum	Tuma
Bishop	Koppendrayer	McElroy	Paulsen	Swenson, D.	Van Dellen
Bradley	Kraus	Molnau	Pawlenty	Swenson, H.	Westrom
Dehler	Krinkie	Mulder	Rifenberg	Tingelstad	Workman

Those who voted in the negative were:

Anderson, I.	Farrell	Jennings	Macklin	Otremba	Solberg
Bakk	Finseth	Johnson, A.	Mahon	Ozment	Stanek
Biernat	Folliard	Johnson, R.	Mares	Paymar	Stang
Boudreau	Garcia	Juhnke	Mariani	Pelowski	Sykora
Broecker	Goodno	Kahn	Marko	Peterson	Tomassoni
Carlson	Greenfield	Kalis	McCollum	Pugh	Trimble
Chaudhary	Greiling	Kelso	McGuire	Rest	Tunheim
Clark	Gunther	Kinkel	Milbert	Reuter	Vickerman
Commers	Haas	Knoblach	Mullery	Rhodes	Wagenius
Daggett	Harder	Koskinen	Munger	Rostberg	Weaver
Davids	Hasskamp	Kubly	Murphy	Rukavina	Wejcman
Dawkins	Hausman	Larsen	Ness	Schumacher	Wenzel
Dempsey	Hilty	Leighton	Nornes	Seifert	Westfall
Dorn	Holsten	Leppik	Olson, E.	Sekhon	Winter
Entenza	Huntley	Lieder	Opatz	Skare	Wolf
Erhardt	Jaros	Long	Orfield	Skoglund	Spk. Carruthers
Evans	Jefferson	Luther	Osthoff	Smith

Haas and Bettermann moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Pages 360 to 361, delete section 2

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 Haas and Bettermann amendment and the roll was called.

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

There were 54 yeas and 77 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Clark, Jaros, Dawkins, Rukavina and Hausman moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 24, after line 6, insert:

"Subd. 13. Poverty Elimination Supplement 55,000,000 215,000,000

[STATE GRANTS FOR NONCITIZENS AND CHILDREN.] Provide state grants for noncitizens and children who have lost their eligibility for SSI as a result of Public Law Number 104-193. The amount of each individual grant shall be the amount necessary to replace the lost SSI grant.

[STATE GRANTS FOR NONCITIZENS AND ADULTS WITHOUT CHILDREN.] Provide state grants for noncitizens and adults without children who have lost their eligibility for food stamps as a result of Public Law Number 104-193. The amount of each individual grant shall be the amount necessary to replace the lost food stamp grant.

[TRANSPORTATION AND CHILD CARE EXPENSES.] Provide transportation and child care expenses, not otherwise provided, in sufficient amounts to assist individuals seeking to pursue educational opportunities as a means of achieving self-suffiency.

[RENTAL HOUSING SUBSIDIES.] Notwithstanding any contrary provision of law, rental housing subsidies provided by the department of housing and urban development through state or local housing authorities shall not be counted as unearned income to the family for the individuals applying for or receiving public assistance. The provision in this paragraph prevails over any contrary provision enacted.

[MAINTAIN THE CHILD SUPPORT PASS-THROUGH PAYMENTS.] Notwithstanding any contrary provision of law enacted, the child support pass-though under existing law remains valid. This provision prevails over any contrary provision enacted.

The department of finance shall prepare a report to the legislature due on January 15, 1998, to propose legislation which would direct $160,000,000 for the purposes of ending poverty in Minnesota, creating living wage jobs, and establishing a system of affordable housing, education, and health care."

Adjust totals accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

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

Abrams raised a point of order pursuant to rule 3.12 relating to amendments to appropriation and tax bills. The Speaker ruled the point of order not well taken.

Tompkins offered an amendment to S. F. No. 1908, the second unofficial engrossment, as amended.

The first portion of the Tompkins amendment to S. F. No. 1908, the second unofficial engrossment, as amended, reads as follows:

Page 5, line 64, delete "38,027,000" and insert "36,567,000"

Adjust the totals accordingly

A roll call was requested and properly seconded.

The question was taken on the first portion of the Tompkins amendment and the roll was called. There were 3 yeas and 131 nays as follows:

Those who voted in the affirmative were:

McElroy	Tompkins	Wolf

Those who voted in the negative were:

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

The motion did not prevail and the first portion of the Tompkins amendment was not adopted.

The second portion of the Tompkins amendment to S. F. No. 1908, the second engrossment, as amended, reads as follows:

Page 117, after line 11, insert:

(b) Medical assistance covers special transportation, as defined in Minnesota Rules, part 9505.0315, subpart 1, item F, if the provider receives and maintains a current physician's order by the recipient's attending physician certifying that the recipient has a physical or mental impairment that would prohibit the recipient from safely accessing and using a bus, taxi, other commercial transportation, or private automobile. Special transportation includes driver-assisted service to eligible individuals. Driver-assisted service includes passenger pickup at and return to the individual's residence or place of business, assistance with admittance of the individual to the medical facility, and assistance in passenger securement or in securing of wheelchairs or stretchers in the vehicle. The commissioner shall establish maximum medical assistance reimbursement rates for special transportation services for persons who need a wheelchair lift van or stretcher-equipped vehicle and for those who do not need a wheelchair lift van or stretcher-equipped vehicle. The average of these two rates must not exceed $14 $15 for the base rate and $1.10 $1.20 per mile. Special transportation provided to nonambulatory persons who do not need a wheelchair lift van or stretcher-equipped vehicle, may be reimbursed at a lower rate than special transportation provided to persons who need a wheelchair lift van or stretcher-equipped vehicle."

Adjust the totals accordingly

A roll call was requested and properly seconded.

The question was taken on the second portion of the Tompkins amendment and the roll was called.

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

There were 49 yeas and 84 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

Sviggum moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 128, after line 10, insert:

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

A copayment shall be required for nonemergency services provided in an emergency room under the medical assistance, general assistance medical care, and MinnesotaCare programs according to paragraphs (a) to (f):

(a) The amount of the copayment shall be $5.

(b) A copayment shall not be required of children, pregnant women through the postpartum period, institutionalized recipients or, under medical assistance only, from any other persons required to be exempted under federal law.

(c) A copayment shall not be required for family planning services or supplies, or emergency services.

(d) A provider may not deny services to a recipient because the recipient is unable to pay the copayment.

(e) The commissioner shall reduce the reimbursement for nonemergency services provided in an emergency room from the amount of the copayment required to be collected.

(f) the commissioner shall seek a federal waiver to allow the $5 copayment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 72 yeas and 62 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Greenfield	Juhnke	Mahon	Otremba	Tunheim
Biernat	Greiling	Kahn	Mariani	Paymar	Vickerman
Carlson	Hasskamp	Kalis	Marko	Pelowski	Wagenius
Journal of the House - 48th Day - Top of Page 3265
Chaudhary	Hausman	Kelso	McCollum	Peterson	Wejcman
Clark	Hilty	Kinkel	McGuire	Pugh	Wenzel
Dawkins	Huntley	Koskinen	Mullery	Rest	Winter
Delmont	Jaros	Kubly	Munger	Sekhon	Spk. Carruthers
Dorn	Jefferson	Leighton	Murphy	Skare
Entenza	Jennings	Lieder	Opatz	Skoglund
Evans	Johnson, A.	Long	Orfield	Slawik
Garcia	Johnson, R.	Luther	Osthoff	Tomassoni

The motion prevailed and the amendment was adopted.

Seagren moved to amend S. F. No. 1908, the second unofficial engrossment, as amended, as follows:

Page 25, line 39, after the period, insert:

"If any portion of this appropriation for community health services subsidies and technical assistance is used to support, expand, or create community immunization registries or birth defects registries, consent must be obtained from the individual to be enrolled in the registry, or from the individual's parent or guardian if the individual is a minor or lacks capacity to consent. The individual must consent to enrollment in the registry and to the release of medical records and data to governmental entities, officials, and representatives and other entities and individuals."

A roll call was requested and properly seconded.

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

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

There were 61 yeas and 70 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, R.	Macklin	Opatz	Skoglund
Bakk	Garcia	Juhnke	Mahon	Orfield	Slawik
Biernat	Goodno	Kahn	Mariani	Paymar	Solberg
Bishop	Greenfield	Kalis	Marko	Pelowski	Tomassoni
Carlson	Greiling	Kelso	McCollum	Peterson	Trimble
Chaudhary	Hausman	Kinkel	McGuire	Pugh	Tunheim
Journal of the House - 48th Day - Top of Page 3266
Clark	Hilty	Koskinen	Milbert	Rest	Wagenius
Dawkins	Huntley	Kubly	Mullery	Rhodes	Wejcman
Delmont	Jaros	Leighton	Munger	Rukavina	Wenzel
Dorn	Jefferson	Leppik	Murphy	Schumacher	Winter
Entenza	Jennings	Lieder	Ness	Sekhon
Evans	Johnson, A.	Long	Olson, E.	Skare

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

S. F. No. 1908, A bill for an act relating to the operation of state government services; appropriating money for the operation of the departments of human services and health, the veterans home board, the health related boards, the disability council, the ombudsman for families, and the ombudsman for mental health and mental retardation; including provisions for agency management; children's programs; basic health care programs; medical assistance and general assistance medical care; long-term care; state-operated services; mental health and developmentally disabled; MinnesotaCare; child support enforcement; assistance to families; health department; amending Minnesota Statutes 1996, sections 13.99, by adding a subdivision; 16A.124, subdivision 4b; 62D.04, subdivision 5; 62E.02, subdivision 13; 62E.14, by adding a subdivision; 103I.101, subdivision 6; 103I.208; 103I.401, subdivision 1; 144.0721, subdivision 3; 144.121, subdivision 1, and by adding subdivisions; 144.125; 144.2215; 144.226, subdivision 1, and by adding a subdivision; 144.3351; 144.394; 144A.071, subdivisions 1, 2, and 4a; 144A.073, subdivision 2; 145.925, subdivision 9; 153A.17; 157.15, by adding subdivisions; 157.16, subdivision 3; 245.03, subdivision 2; 245.4882, subdivision 5; 245.493, subdivision 1, and by adding a subdivision; 245.652, subdivisions 1 and 2; 245.98, by adding a subdivision; 246.02, subdivision 2; 252.025, subdivisions 1, 4, and by adding a subdivision; 252.28, by adding a subdivision; 252.32, subdivisions 1a, 3, 3a, 3c, and 5; 254.04; 254B.02, subdivisions 1 and 3; 254B.04, subdivision 1; 254B.09, subdivisions 4, 5, and 7; 256.01, subdivision 2, and by adding a subdivision; 256.025, subdivisions 2 and 4; 256.045, subdivisions 3, 3b, 4, 5, 7, 8, and 10; 256.476, subdivisions 2, 3, 4, and 5; 256.82, subdivision 1, and by adding a subdivision; 256.871, subdivision 6; 256.935; 256.969, subdivision 1; 256.9695, subdivision 1; 256B.037, subdivision 1a; 256B.04, by adding a subdivision; 256B.056, subdivisions 4, 5, and 8; 256B.0625, subdivisions 13 and 15; 256B.0626; 256B.0627, subdivision 5, and by adding a subdivision; 256B.064, subdivisions 1a, 1c, and 2; 256B.0911, subdivisions 2 and 7; 256B.0912, by adding a subdivision; 256B.0913, subdivisions 10, 14, 15, and by adding a subdivision; 256B.0915, subdivision 3, and by adding a subdivision; 256B.19, subdivisions 1, 2a, and 2b; 256B.421, subdivision 1; 256B.431, subdivision 25, and by adding a subdivision; 256B.433, by adding a subdivision; 256B.434, subdivisions 2, 3, 4, 9, and 10; 256B.48, subdivision 6; 256B.49, subdivision 1, and by adding a subdivision; 256B.69, subdivisions 2, 3a, 5, 5b, and by adding subdivisions; 256D.03, subdivisions 2, 2a, 3b, and 6; 256D.36; 256F.11, subdivision 2; 256G.02, subdivision 6; 256G.05, subdivision 2; 256I.05, subdivision 1a, and by adding a subdivision; 256J.50, by adding a subdivision; 326.37, subdivision 1; 393.07, subdivision 2; 466.01, subdivision 1; 469.155, subdivision 4; 471.59, subdivision 11; 626.556, subdivisions 10b, 10d, 10e, 10f, 11c, and by adding a subdivision; 626.558, subdivisions 1 and 2; and 626.559, subdivision 5; Laws 1995, chapter 207, articles 6, section 115; and 8, section 41, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 144; 145A; 157; 252; 256B; and 257; repealing Minnesota Statutes 1996, sections 145.9256; 256.026; 256.82, subdivision 1; 256B.041, subdivision 5; 256B.0625, subdivision 13b; 256B.19, subdivision 1a; and 469.154, subdivision 6; Minnesota Rules, part 9505.1000.

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 123 yeas and 11 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Kielkucki	McGuire	Rest	Tingelstad
Anderson, B.	Farrell	Kinkel	Milbert	Reuter	Tomassoni
Anderson, I.	Finseth	Knoblach	Molnau	Rhodes	Tompkins
Bakk	Folliard	Koppendrayer	Mulder	Rifenberg	Trimble
Bettermann	Garcia	Koskinen	Mullery	Rostberg	Tuma
Biernat	Goodno	Kraus	Munger	Rukavina	Tunheim
Bishop	Greenfield	Kubly	Murphy	Schumacher	Van Dellen
Boudreau	Greiling	Kuisle	Ness	Seagren	Vickerman
Bradley	Gunther	Larsen	Nornes	Seifert	Wagenius
Broecker	Haas	Leighton	Olson, E.	Sekhon	Weaver
Carlson	Harder	Leppik	Olson, M.	Skare	Wejcman
Chaudhary	Hasskamp	Lieder	Opatz	Skoglund	Wenzel
Journal of the House - 48th Day - Top of Page 3267
Commers	Holsten	Lindner	Orfield	Slawik	Westfall
Daggett	Huntley	Long	Osskopp	Smith	Westrom
Davids	Jefferson	Luther	Otremba	Solberg	Winter
Dehler	Jennings	Macklin	Ozment	Stanek	Wolf
Delmont	Johnson, A.	Mahon	Paulsen	Stang	Workman
Dempsey	Johnson, R.	Mares	Pawlenty	Sviggum	Spk. Carruthers
Dorn	Juhnke	Marko	Pelowski	Swenson, D.
Entenza	Kalis	McCollum	Peterson	Swenson, H.
Erhardt	Kelso	McElroy	Pugh	Sykora

Those who voted in the negative were:

Clark	Hausman	Jaros	Knight	Mariani	Paymar
Dawkins	Hilty	Kahn	Krinkie	Osthoff

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

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

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, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

161.45, by adding a subdivision; 216B.16, by adding subdivisions; 270.60, by adding a subdivision; 270B.02, by adding a subdivision; 270B.12, by adding a subdivision; 271.01, subdivision 5; 271.19; 272.02, subdivision 1, and by adding a subdivision; 272.115; 273.11, subdivisions 1a, 16, and by adding a subdivision; 273.111, subdivisions 3 and 6; 273.112, by adding a subdivision; 273.121; 273.124, subdivisions 1, 14, and by adding a subdivision; 273.13, subdivisions 1, 22, 23, 24, 25, 31, and by adding subdivisions; 273.135, subdivision 2; 273.1391, subdivision 2; 273.1398, subdivisions 1, 1a, 6, 8, and by adding subdivisions; 273.18; 274.01; 274.13, by adding subdivisions; 275.065, subdivisions 1, 3, 5a, 6, 8, and by adding subdivisions; 275.07, subdivision 4; 275.08, subdivision 1b; 276.04, subdivision 2; 276A.04; 276A.05, subdivisions 1 and 5; 276A.06, subdivisions 2, 3, 5, and 9; 278.07; 281.13; 281.23, subdivision 6; 281.273; 281.276; 282.01, subdivision 8; 282.04, subdivision 1; 287.22; 289A.02, subdivision 7; 289A.26, subdivisions 2, 3, 6, and 7; 289A.56, subdivision 4; 290.01, subdivisions 19, 19a, 19b, 19c, 19d, 19g, and 31; 290.014, subdivisions 2 and 3; 290.015, subdivision 5; 290.06, subdivision 22, and by adding subdivisions; 290.067, subdivision 1; 290.068, subdivision 1; 290.0922, subdivision 1; 290.17, subdivision 1; 290.371, subdivision 2; 290.92, by adding a subdivision; 290.9725; 290.9727, subdivision 1; 290.9728, subdivision 1; 290A.03, subdivisions 6, 7, 11, and 13; 290A.04, subdivisions 1, 2, 6, and by adding a subdivision; 290A.19; 291.005, subdivision 1; 295.50, subdivision 6; 295.58; 296.141, subdivision 4; 296.18, subdivision 1; 297A.01, subdivisions 3, 4, 7, 11, 15, and 16; 297A.02, subdivision 2; 297A.14, subdivision 4; 297A.211, subdivision 1; 297A.25, subdivisions 2, 3, 7, 11, 56, 59, and by adding subdivisions; 297A.45; 297B.01, subdivisions 7 and 8; 297E.02, subdivision 6; 297E.04, subdivision 3; 298.24, subdivision 1; 298.28, subdivisions 2, 3, 4, 5, 9a, and by adding subdivisions; 298.2961, subdivision 1; 298.75, subdivisions 1, 4, and by adding a subdivision; 325D.33, subdivision 3; 349.12, subdivision 26a; 349.154, subdivision 2; 349.163, subdivision 8; 349.19, subdivision 2a; 349.191, subdivision 1b; 373.40, subdivision 7; 398A.04, subdivision 1; 462.381; 462.383; 462.384, subdivision 5; 462.385; 462.386, subdivision 1; 462.387; 462.388; 462.389, subdivisions 1, 3, and 4; 462.39, subdivisions 2 and 3; 462.391, subdivision 5, and by adding subdivisions; 462.393; 462.394; 462.396; 462.398; 469.012, subdivision 1; 469.033, subdivision 6; 469.040, subdivision 3, and by adding a subdivision; 469.174, subdivisions 10, 19, and by adding subdivisions; 469.175, subdivision 3, and by adding subdivisions; 469.176, subdivisions 1b, 2, 4c, 4g, 4j, and 6; 469.177, subdivisions 1, 3, and 4; 473F.06; 473F.07, subdivisions 1 and 5; 473F.08, subdivisions 2, 3, 5, and 8a; 477A.011, subdivisions 20, 34, 35, 36, 37, and by adding subdivisions; 477A.013, subdivisions 1 and 9; 477A.03, subdivision 2; and 477A.05; Laws 1992, chapter 511, article 2, section 52; Laws 1993, chapter 375, article 9, section 45, subdivisions 2, 3, 4, and by adding a subdivision; Laws 1995, chapter 264, article 5, sections 44, subdivision 4, as amended; and 45, subdivision 1, as amended; Laws 1997, chapter 34, section 2; proposing coding for new law in Minnesota Statutes, chapters 3; 14; 16A; 124; 124A; 270; 273; 275; 290; 297A; 383A; 383B; 458D; 462A; 469; 477A; proposing coding for new law as Minnesota Statutes, chapter 290B; repealing Minnesota Statutes 1996, sections 3.982; 124.2131, subdivision 3a; 124.2134; 124.225, subdivisions 1, 3a, 7a, 7b, 7d, 7e, 7f, 8a, 8k, 8l, 8m, 9, 10, 13, 14, 15, 16, and 17; 124.226; 124.2442; 124.2601, subdivisions 4, 5, and 6; 124.2711, subdivisions 2a and 3; 124.2713, subdivisions 6, 6a, 6b, and 7; 124.2715, subdivisions 2 and 3; 124.2716, subdivisions 3 and 4; 124.2725, subdivisions 3, 4, 5, and 7; 124.2727, subdivisions 6b, 6c, and 9; 124.314, subdivision 2; 124.321; 124.91, subdivisions 2, 4, and 7; 124.912, subdivision 2; 124A.029; 124A.03, subdivisions 2a and 3b; 124A.0311; 124A.22, subdivisions 4a, 4b, 8a, 8b, 13d, and 13e; 124A.23, subdivisions 1, 2, 3, and 4; 124A.26, subdivisions 2 and 3; 124A.292, subdivisions 3 and 4; 270B.12, subdivision 11; 273.13, subdivisions 21a and 32; 273.1315; 273.1317; 273.1318; 273.1398, subdivisions 2, 2c, 2d, 3, and 3a; 273.1399; 273.166; 275.08, subdivisions 1c and 1d; 275.61; 276.012; 276A.06, subdivision 9; 290A.03, subdivisions 12a and 14; 290A.055; 290A.26; 297A.01, subdivisions 20 and 21; 297A.02, subdivision 5; 297A.25, subdivision 29; 462.384, subdivision 7; 462.385, subdivision 2; 462.389, subdivision 5; 462.391, subdivisions 1, 2, 3, 4, 6, 7, 8, and 9; 462.392; 469.176, subdivisions 1a and 5; 469.1782, subdivision 1; 469.181; 473F.08, subdivision 8a; and 645.34; Laws 1995, chapter 264, article 4, as amended.

Patrick E. Flahaven, Secretary of the Senate

Long moved that the House refuse to concur in the Senate amendments to H. F. No. 2163, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

A bill for an act relating to human services; replacing the aid to families with dependent children program with the Minnesota family investment program-statewide; amending Minnesota Statutes 1996, sections 13.46, subdivisions 1 and 2; 84.98, subdivision 3; 124.17, subdivisions 1d and 1e; 124.175; 124A.02, subdivision 16; 124A.22, subdivision 3; 136A.125, subdivision 2; 196.27; 237.70, subdivision 4a; 254B.02, subdivision 1; 256.01, subdivisions 2 and 4a; 256.017, 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.

April 27, 1997

The Honorable Allan H. Spear

President of the Senate

The Honorable Phil Carruthers

Speaker of the House of Representatives

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

That the House recede from its amendments and that S. F. No. 1 be further amended as follows:

Delete everything after the enacting clause and insert:

Section 1. [256J.01] [ESTABLISHING MINNESOTA FAMILY INVESTMENT PROGRAM-STATEWIDE.]

Subd. 2. [IMPLEMENTATION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF).] The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law Number 104-193, eliminates the entitlement program of aid to families with dependent children (AFDC) and replaces it with block grants to states for temporary assistance for needy families (TANF). TANF provides cash assistance for a limited time to families with children and to pregnant women. Minnesota's TANF assistance will be provided through a statewide expansion of MFIP. The modifications specified in this chapter are necessary to comply with the new federal law and to improve MFIP. Eligible applicants and recipients of AFDC, family general assistance, and food stamps will be converted to the MFIP-S program. Effective January 1, 1998, any new application received for family cash assistance will be processed under the rules of chapter 256J. Case maintenance conversion for existing AFDC and FGA cases to MFIP-S as described in chapter 256J will begin January 1, 1998, and continue through March 31, 1998.

Subd. 3. [RELATIONSHIP TO OTHER STATUTES AND RULES.] MFIP-S replaces eligibility for families with children and pregnant women under the general assistance program, governed by sections 256D.01 to 256D.21 and Minnesota Rules, parts 9500.1200 to 9500.1270.

Subd. 4. [CHANGES TO WAIVERS.] The commissioner of human services may negotiate and obtain changes in the federal waivers and terms and conditions contained in MFIP, MFIP-R, and MFIP-S. The commissioner may also terminate federal waivers by directing so in the applicable state plan.

Subd. 5. [COMPLIANCE SYSTEM.] The commissioner shall administer a compliance system for the state's temporary assistance for needy families (TANF) program, the food stamp program, emergency assistance, general assistance, medical assistance, general assistance medical care, emergency general assistance, Minnesota supplemental aid, preadmission screening, child support program, and alternative care grants under the powers and authorities named in section 256.01, subdivision 2. The purpose of the compliance system is to permit the commissioner to supervise the administration of public assistance programs and to enforce timely and accurate distribution of benefits, completeness of service and efficient and effective program management and operations, to increase uniformity and consistency in the administration and delivery of public assistance programs throughout the state, and to reduce the possibility of sanction and fiscal disallowances for noncompliance with federal regulations and state statutes.

Sec. 2. [256J.02] [FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT.]

Subdivision 1. [COMMISSIONER'S AUTHORITY TO ADMINISTER BLOCK GRANT FUNDS.] The commissioner of human services is authorized to receive, administer, and expend funds available under the TANF block grant authorized under title I of Public Law Number 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Subd. 2. [USE OF MONEY.] State money appropriated for purposes of this section and TANF block grant money must be used for:

(1) financial assistance to or on behalf of any minor child who is a resident of this state under section 256J.12;

(2) employment and training services under this chapter or chapter 256K;

(3) emergency financial assistance and services under section 256J.48;

(4) diversionary assistance under section 256J.47; and

(5) program administration under this chapter.

Subd. 3. [CARRY FORWARD OF FEDERAL MONEY.] Temporary assistance for needy families block grant money must be appropriated for the purposes in this section and is available until expended.

Subd. 5. [INDIRECT COST LIABILITY.] Notwithstanding the provisions of section 16A.127, the statewide and agency indirect cost liability identified as part of the TANF grant for any current fiscal year shall be limited to no more than the amount received in fiscal year 1996.

Sec. 3. [256J.06] [COMMUNITY INVOLVEMENT.]

The MFIP-S program must be administered in a way that, in addition to the county agency, other sectors in the community such as employers from the public and private sectors, not-for-profit organizations, educational and social service agencies, program participants, labor unions, and neighborhood associations are involved.

Sec. 4. [256J.08] [DEFINITIONS.]

Subdivision 1. [SCOPE OF DEFINITIONS.] The terms used in this chapter have the following meanings unless otherwise provided for by text.

Subd. 2. [ABSENT PARENT.] "Absent parent" means a minor child's parent who does not live in the same home as the child.

Subd. 3. [AGENCY ERROR.] "Agency error" means an error that results in an overpayment or underpayment to an assistance unit and is not caused by an applicant's or participant's failure to provide adequate, correct, or timely information about income, property, household composition, or other circumstances.

Subd. 4. [APPEAL.] "Appeal" means a written statement from an applicant or participant who requests a hearing under section 256J.31.

Subd. 5. [APPLICANT.] "Applicant" means a person who has submitted to a county agency an application and whose application has not been acted upon, denied, or voluntarily withdrawn.

Subd. 6. [APPLICATION.] "Application" means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance.

Subd. 7. [ASSISTANCE UNIT OR MFIP-S ASSISTANCE UNIT.] "Assistance unit" or "MFIP-S assistance unit" means a group of mandatory or optional people receiving or applying for MFIP-S benefits together.

Subd. 8. [AUTHORIZED REPRESENTATIVE.] "Authorized representative" means a person who is authorized, in writing, by an applicant or participant to act on the applicant's or participant's behalf in matters involving the application for assistance or participation in MFIP-S.

Subd. 9. [BASIC NEEDS.] "Basic needs" means the minimum personal requirements of subsistence and is restricted to food, clothing, shelter, utilities, and other items for which the loss, or lack of basic needs, is determined by the county agency to pose a direct, immediate threat to the physical health or safety of the applicant or participant.

Subd. 10. [BUDGET MONTH.] "Budget month" means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month.

Subd. 11. [CAREGIVER.] "Caregiver" means a minor child's natural or adoptive parent or parents who live in the home with the minor child. For purposes of determining eligibility for this program, caregiver also means any of the following individuals, if adults, who live with and provide care and support to a minor child when the minor child's natural or adoptive parent or parents do not reside in the same home: legal custodians, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, person of preceding generation as denoted by prefixes of "great," "great-great," or "great-great-great," or a spouse of any person named in the above groups even after the marriage ends by death or divorce.

Subd. 13. [COMMISSIONER.] "Commissioner" means the commissioner of human services or the commissioner's designated representative.

Subd. 14. [CORRECTIVE PAYMENT.] "Corrective payment" means an assistance payment that is made to correct an underpayment.

Subd. 15. [COUNTABLE INCOME.] "Countable income" means earned and unearned income that is not excluded under section 256J.21, subdivision 2, or disregarded under section 256J.21, subdivision 3.

Subd. 16. [COUNTED EARNINGS.] "Counted earnings" means the earned income that remains after applicable disregards under section 256J.21, subdivision 4, have been subtracted from gross earned income.

Subd. 17. [COUNTY AGENCY.] "County agency" means the agency designated by the county board to implement financial assistance for current programs and for MFIP-S and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393.01, subdivision 7, and 393.07, subdivision 2, to administer MFIP-S.

Subd. 18. [COUNTY BOARD.] "County board" means a board of commissioners, a local services agency as defined in chapter 393, a board established under the Joint Powers Act, section 471.59, or a human services board under chapter 402.

Subd. 19. [COUNTY OF FINANCIAL RESPONSIBILITY.] "County of financial responsibility" means the county that has financial responsibility for providing public assistance as specified in chapter 256G.

Subd. 20. [COUNTY OF RESIDENCE.] "County of residence" means the county where the caregiver has established a home.

Subd. 21. [DATE OF APPLICATION.] "Date of application" means the date on which the county agency receives an applicant's signed application.

Subd. 22. [DEEM.] "Deem" means to treat all or part of the income of an individual who is not in the assistance unit, but who is financially responsible for members of the assistance unit, as if it were income available to the assistance unit.

Subd. 23. [DEPARTMENT.] "Department" means the Minnesota department of human services.

Subd. 24. [DISREGARD.] "Disregard" means earned income that is not counted when determining initial eligibility or ongoing eligibility and calculating the amount of the assistance payment for participants.

Subd. 25. [DOCUMENTATION.] "Documentation" means a written statement or record that substantiates or validates an assertion made by a person or an action taken by a person, agency, or entity.

Subd. 26. [EARNED INCOME.] "Earned income" means cash or in-kind income earned through the receipt of wages, salary, commissions, profit from employment activities, net profit from self-employment activities, payments made by an employer for regularly accrued vacation or sick leave, and any other profit from activity earned through effort or labor.

Subd. 27. [EARNED INCOME TAX CREDIT.] "Earned income tax credit" means the payment which can be obtained by a qualified person from an employer or from the Internal Revenue Service as provided by section 290.0671 and United States Code, title 26, subtitle A, chapter 1, subchapter A, part 4, subpart C, section 32.

Subd. 28. [EMERGENCY.] "Emergency" means a situation or a set of circumstances that causes or threatens to cause destitution to a minor child.

Subd. 29. [EQUITY VALUE.] "Equity value" means the amount of equity in real or personal property owned by a person and is determined by subtracting any outstanding encumbrances from the fair market value.

Subd. 31. [EXPEDITED ISSUANCE OF THE FOOD STAMP PORTION.] "Expedited issuance of the food stamp portion" means the issuance of the food stamp portion to eligible assistance units on the day of application as provided in section 393.07, subdivision 10a.

Subd. 32. [FAIR HEARING OR HEARING.] "Fair hearing" or "hearing" means the evidentiary hearing conducted by the department appeals referee to resolve disputes as specified in section 256J.40, or if not applicable, section 256.045.

Subd. 33. [FAIR MARKET VALUE.] "Fair market value" means the price that an item of a particular make, model, size, material, or condition would sell for on the open market in the particular geographic area.

Subd. 34. [FAMILY.] "Family" includes:

(1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and

(2) a pregnant woman with no other children.

Subd. 35. [FAMILY WAGE LEVEL.] "Family wage level" means 110 percent of the transitional standard.