Saint Paul, Minnesota, Tuesday, March 19, 1996
On this day in 1867, the White Earth Reservation was
established by a treaty signed at Washington. The Minnesota
Chippewa were moved to the reservation the following summer.
The House of Representatives convened at 2:30 p.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Representative Marvin Dauner, District
9B, Hawley, Minnesota.
The roll was called and the following members were present:
Orfield, Otremba and Tomassoni were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Osskopp moved that further reading of the Journal be
suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
Abrams Farrell Knight Ness Solberg
Anderson, B. Finseth Knoblach Olson, E. Stanek
Anderson, R. Frerichs Koppendrayer Olson, M. Sviggum
Bakk Garcia Kraus Onnen Swenson, D.
Bertram Girard Krinkie Opatz Swenson, H.
Bettermann Goodno Larsen Orenstein Sykora
Bishop Greenfield Leighton Osskopp Tompkins
Boudreau Greiling Leppik Osthoff Trimble
Bradley Gunther Lieder Ostrom Tuma
Broecker Haas Lindner Ozment Tunheim
Brown Hackbarth Long Paulsen Van Dellen
Carlson, L. Harder Lourey Pawlenty Van Engen
Carlson, S. Hasskamp Luther Pellow Vickerman
Carruthers Hausman Lynch Pelowski Wagenius
Clark Holsten Macklin Perlt Warkentin
Commers Huntley Mahon Peterson Weaver
Cooper Jaros Mares Pugh Wejcman
Daggett Jefferson Mariani Rest Wenzel
Dauner Jennings Marko Rhodes Winter
Davids Johnson, A. McCollum Rice Wolf
Dawkins Johnson, R. McElroy Rostberg Worke
Dehler Johnson, V. McGuire Rukavina Workman
Delmont Kahn Milbert Sarna Sp.Anderson,I
Dempsey Kalis Molnau Schumacher
Dorn Kelley Mulder Seagren
Entenza Kelso Munger Skoglund
Erhardt Kinkel Murphy Smith
A quorum was present.
S. F. No. 1980 and H. F. No. 2378, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Osthoff moved that the rules be so far suspended that S. F. No. 1980 be substituted for H. F. No. 2378 and that the House File be indefinitely postponed. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
March 15, 1996
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 2068, relating to highways; designating the POW/MIA Memorial Highway.
H. F. No. 2377, relating to state government; repealing obsolete laws.
H. F. No. 2154, relating to manufactured homes; adding certain conditions for park owners to recover possession of land.
H. F. No. 3162, relating to local government; permitting the city of Cohasset to own and operate a gas utility.
H. F. No. 1998, relating to trusts; regulating the investment and management of trust assets; providing standards.
H. F. No. 2420, relating to cities; authorizing cities to establish a program to prevent the inflow and infiltration of storm water into a city's sanitary sewer system; authorizing cities to make loans and grants to property owners in connection with the program; providing for financing of the program.
H. F. No. 2558, relating to professions; modifying provisions governing the practice of nursing.
H. F. No. 2846, relating to state lands; authorizing the sale of certain tax-forfeited lands in Aitkin, Anoka, Crow Wing, Faribault, Hubbard, St. Louis, Sherburne, Wadena, and Washington counties; authorizing the sale of certain trust land in Crow Wing county; requiring the conveyance of certain state land to the city of Hastings.
H. F. No. 2285, relating to the metropolitan airports commission; clarifying and extending noise mitigation spending requirements; requiring a report.
H. F. No. 2322, relating to motor carriers; authorizing the transportation regulation board to issue charter carrier permits for operation within Saint Paul.
H. F. No. 2509, relating to public nuisance; clarifying definition of acts constituting a nuisance.
H. F. No. 2788, relating to liquor; modifying restrictions for temporary on-sale licenses; discontinuing the use of the term "nonintoxicating liquor".
H. F. No. 2310, relating to health; transferring certain authority from the commissioner of health to the emergency medical services regulatory board; adding two members to the emergency medical services regulatory board; adding an exemption to the medical license requirement; specifying effective date of appointments and board actions.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1996 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1996 1996
2068 309 10:42 a.m. March 15 March 15
2377 310 10:44 a.m. March 15 March 15
2154 311 11:45 a.m. March 15 March 15
2317 312 11:47 a.m. March 15 March 15
3162 313 11:47 a.m. March 15 March 15
1998 314 11:50 a.m. March 15 March 15
2760 315 11:19 a.m. March 15 March 15
1879 316 11:22 a.m. March 15 March 15
2420 317 11:52 a.m. March 15 March 15
2558 318 11:54 a.m. March 15 March 15
2846 319 10:56 a.m. March 15 March 15
2285 320 10:56 a.m. March 15 March 15
2322 321 3:00 p.m. March 15 March 15
2509 322 10:55 a.m. March 15 March 15
2788 323 11:15 a.m. March 15 March 15
2310 324 11:18 a.m. March 15 March 15
Sincerely,
Joan Anderson Growe
Secretary of State
OFFICE OF THE GOVERNOR
March 18, 1996
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 2040, relating to housing; providing for waiver of fees and surcharges imposed on motor vehicle registration data requests under certain circumstances; requiring the tenant's full name and date of birth in a written lease; requiring tenant screening reports and unlawful detainer case files to include certain information; requesting a study.
H. F. No. 2380, relating to motor vehicles; specifying percentages of the motorcycle safety fund that may be spent on administration and motorcycle safety instruction.
H. F. No. 2116, relating to agriculture; changing provisions of plant pests, fertilizer, and lime; changing licensing requirements for aquatic pest control applicators.
H. F. No. 2526, relating to crime; making it a crime to obtain cellular telephone service through cellular counterfeiting; requiring forfeiture of cloning paraphernalia used to create cloned cellular telephones; prescribing penalties.
H. F. No. 2858, relating to Camp Ripley; providing for use of the National Guard Education Center as the state education and training center.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE GOVERNOR
March 18, 1996
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 2525, relating to commerce; providing for the relocation of an existing new motor vehicle dealership under certain specified conditions.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1996 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1996 1996
2624 326 2:40 p.m. March 18 March 18
2040 328 9:52 a.m. March 18 March 18
2380 329 9:56 a.m. March 18 March 18
2116 330 9:59 a.m. March 18 March 18
2526 331 10:02 a.m. March 18 March 18
2858 332 10:05 a.m. March 18 March 18
2054 333 10:07 a.m. March 18 March 18
2332 334 10:12 a.m. March 18 March 18
2525 343 10:58 a.m. March 18 March 18
Sincerely,
Joan Anderson Growe
Secretary of State
S. F. No. 1980 was read for the second time.
The following House Files were introduced:
Olson, M.; Anderson, B.; Carlson, S.; Pawlenty and Luther introduced:
H. F. No. 3274, A bill for an act relating to education; providing a locally controlled graduation rule as an alternative to a statewide graduation rule; amending Minnesota Statutes 1994, section 120.101, subdivision 8, and by adding a subdivision; Minnesota Statutes 1995 Supplement, section 121.11, subdivision 7c.
The bill was read for the first time and referred to the Committee on Education.
Tunheim; Anderson, I.; Frerichs; Kalis and Lourey introduced:
H. F. No. 3275, A resolution memorializing the commissioners of transportation and trade and economic development to take actions to have Interstate Highway No. 35 designated as the International NAFTA Superhighway.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Bettermann and Jennings introduced:
H. F. No. 3276, A bill for an act relating to workers' compensation; modifying provisions on cessation of self-insurance; amending Minnesota Statutes 1995 Supplement, section 79A.06, subdivision 5.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2298, A bill for an act relating to government efficiency; extending the effective period of certain exemptions granted by the board of government innovation and cooperation; granting independent school district No. 2134, United South Central, a waiver from a law related to elections; amending Minnesota Statutes 1995 Supplement, section 465.797, subdivision 5.
The Senate has appointed as such committee:
Messrs. Beckman, Vickerman and Marty.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2478, A bill for an act relating to consumer protection; restricting the provision of immigration services; regulating notaries public; providing penalties; proposing coding for new law in Minnesota Statutes, chapters 325E; and 359.
The Senate has appointed as such committee:
Ms. Pappas; Mr. Kelly and Ms. Robertson.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2834, A bill for an act relating to watercraft; modifying the requirements for operation of a motor boat by a youth; modifying the provisions for operation of a personal watercraft by a youth; amending Minnesota Statutes 1994, sections 86B.305, subdivisions 1 and 2; and 86B.313, subdivision 2.
The Senate has appointed as such committee:
Ms. Johnson, J. B.; Mr. Merriam and Ms. Olson.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1919, A bill for an act relating to reemployment insurance; making technical and administrative changes; amending Minnesota Statutes 1994, sections 268.04, subdivisions 2, 4, and by adding a subdivision; 268.06, subdivisions 5 and 24; 268.07; 268.072, subdivisions 2, 3, and 5; 268.073, subdivisions 3, 4, and 7; 268.074, subdivision 4; 268.08, as amended; 268.09, subdivision 2; 268.12, by adding a subdivision; 268.16, subdivision 4; 268.164, subdivisions 1 and 2; and 268.23; Minnesota Statutes 1995 Supplement, sections 268.041; 268.06, subdivision 20; 268.09, subdivision 1; 268.105, by adding a subdivision; 268.161, subdivision 9; and 268.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, sections 268.04, subdivisions 18 and 24; 268.10, subdivision 1; and 268.231; Minnesota Statutes 1995 Supplement, section 268.10, subdivision 2; Laws 1994, chapter 503, section 5.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Mses. Runbeck, Ranum and Mr. Metzen.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Perlt moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1919. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1885, A bill for an act relating to human services; clarifying foster care payment and placement; clarifying adoption assistance; defining egregious harm in the juvenile code; amending the parental rights termination statute; amending Minnesota Statutes 1994, sections 256E.08, by adding a subdivision; 257.071, subdivision 1a, and by adding subdivisions; 257.072, subdivisions 1, 5, and 8; 257.0725; 259.67, subdivisions 4 and 6; 259.77; 260.015, by adding a subdivision; and 260.181, subdivision 3; Minnesota Statutes 1995 Supplement, sections 256.045, subdivision 3; and 260.221, subdivision 1; Laws 1995, chapter 207, article 1, section 2, subdivision 4.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Mr. Knutson; Ms. Berglin and Mr. Cohen.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Sykora moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1885. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 840, A bill for an act relating to elections; campaign finance; changing the treatment of spending limits and public subsidy in certain cases; amending Minnesota Statutes 1994, section 10A.25, subdivision 10; repealing Minnesota Statutes 1994, section 10A.324, subdivision 5.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Cohen, Marty and Day.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Long moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 840. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2123, A bill for an act relating to children; clarifying the procedures peace officers must follow when deciding where to place a child placed on a health and welfare hold; requiring certain notices; clarifying the duties of related persons receiving a child on a 72-hour health and welfare hold; clarifying the reporting procedures and requirements for the placing officer to notify the county agency and the court; changing certain emergency licensing procedures; authorizing certain petitions and appearances; specifying review in certain cases; amending Minnesota Statutes 1994, sections 257.02; 257.03; 260.015, subdivision 14; 260.165, subdivision 3, and by adding a subdivision; 260.171, subdivision 2; 260.173, subdivision 2; Minnesota Statutes 1995 Supplement, section 245A.035, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 257.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Mr. Terwilliger; Ms. Berglin and Mr. Spear.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Jefferson moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2123. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 3273, A bill for an act relating to public administration; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; appropriating money; amending Minnesota Statutes 1994, sections 16B.24, subdivision 6a; 16B.335, subdivision 3, and by adding a subdivision; 41B.19, subdivision 1; 94.16, subdivision 3; 124C.73, subdivision 1; 134.45, subdivision 5; 268.917; and 475.58, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 473.894, subdivision 11; and 473.901, subdivision 1; Laws 1994, chapter 643, sections 19, subdivision 8, as amended; 21, subdivision 4, as amended; and 35, subdivision 3; Laws 1995, First Special Session chapter 2, article 1, section 13; proposing coding for new law in Minnesota Statutes, chapters 116J; 243; 268; and 446A; repealing Minnesota Statutes 1994, sections 446A.071, subdivisions 1, 3, 4, 5, 6, 7, and 8; Minnesota Statutes 1995 Supplement, sections 446A.071, subdivision 2; Laws 1994, chapter 643, section 24, subdivision 3.
Patrick E. Flahaven, Secretary of the Senate
Kalis moved that the House refuse to concur in the Senate amendments to H. F. No. 3273, 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 the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1404, A bill for an act relating to transportation; allowing commissioner of transportation to act as agent to accept federal money for nonpublic organizations for transportation purposes; increasing maximum lump sum utility adjustment amount allowed for relocating utility facility; eliminating percentage limit for funding transportation research projects and providing for federal research funds and research partnerships; allowing counties more authority in disbursing certain state-aid highway funds; exempting charter buses from certain requirements of truck weight enforcement operations; regulating erection of highway signs identifying entrance into municipality; eliminating requirement to have permit identifying number affixed to highway billboard; providing for use and maintenance of hydrants located within right-of-way of public roads; eliminating legislative route No. 331 from trunk highway system and turning it back to the jurisdiction of Fillmore county; making technical corrections; amending Minnesota Statutes 1994, sections 161.085; 161.36, subdivisions 1, 2, 3, and 4; 161.46, subdivision 3; 161.53; 162.08, subdivisions 4 and 7; 162.14, subdivision 6; 169.85; 173.02, subdivision 6; 173.07, subdivision 1; 174.04; and 222.37, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 173; repealing Minnesota Statutes 1994, sections 161.086; 161.115, subdivision 262.
Patrick E. Flahaven, Secretary of the Senate
Lieder moved that the House refuse to concur in the Senate amendments to H. F. No. 1404, 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 the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2256, A bill for an act relating to economic development; changing classification of the director of tourism; modifying provisions relating to business finance programs and the competitiveness task force; abolishing the main street program and the rural development board; transferring authority for certain programs; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 116J.01, subdivision 5; 116J.581, subdivisions 2 and 4; and 116J.980, subdivision 1; Minnesota Statutes 1995 Supplement, sections 116J.58, subdivision 1; 116J.581, subdivision 1; 116J.655; 116N.03, subdivision 2; and 116N.06; repealing Minnesota Statutes 1994, sections 116J.981; 116N.01, subdivision 2; 116N.02, subdivisions 2, 3, 4, and 5; 116N.04; and 116N.07; Minnesota Statutes 1995 Supplement, section 116N.02, subdivision 1; Minnesota Rules, part 4370.0010, subpart 3.
Patrick E. Flahaven, Secretary of the Senate
Warkentin moved that the House concur in the Senate amendments to H. F. No. 2256 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2256, A bill for an act relating to economic development; changing classification of the director of tourism; modifying provisions relating to business finance programs and the competitiveness task force; abolishing the main street program and the rural development board; transferring authority for certain programs; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 116J.01, subdivisions 4 and 5; 116J.581, subdivisions 2 and 4; and 116J.980, subdivision 1; Minnesota Statutes 1995 Supplement, sections 116J.58, subdivision 1; 116J.581, subdivision 1; 116J.655;
116N.03, subdivision 2; and 116N.06; repealing Minnesota Statutes 1994, sections 116J.981; 116N.01, subdivision 2; 116N.02, subdivisions 2, 3, 4, and 5; 116N.04; and 116N.07; Minnesota Statutes 1995 Supplement, section 116N.02, subdivision 1; Minnesota Rules, part 4370.0010, subpart 3.
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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Olson, E. Stanek Anderson, B. Finseth Koppendrayer Olson, M. Sviggum Anderson, R. Frerichs Kraus Onnen Swenson, D. Bakk Garcia Krinkie Opatz Swenson, H. Bertram Girard Larsen Orenstein Sykora Bettermann Goodno Leighton Osskopp Tompkins Bishop Greenfield Leppik Osthoff Trimble Boudreau Greiling Lieder Ostrom Tuma Bradley Gunther Lindner Ozment Tunheim Broecker Haas Long Paulsen Van Dellen Brown Hackbarth Lourey Pawlenty Van Engen Carlson, L. Harder Luther Pellow Vickerman Carlson, S. Hasskamp Lynch Pelowski Wagenius Carruthers Hausman Macklin Perlt Warkentin Clark Holsten Mahon Peterson Weaver Commers Huntley Mares Pugh Wejcman Cooper Jaros Mariani Rest Wenzel Daggett Jefferson Marko Rhodes Winter Dauner Jennings McCollum Rice Wolf Davids Johnson, A. McElroy Rostberg Worke Dawkins Johnson, R. McGuire Rukavina Workman Dehler Johnson, V. Milbert Sarna Sp.Anderson,I Delmont Kahn Molnau Schumacher Dempsey Kalis Mulder Seagren Dorn Kelley Munger Skoglund Entenza Kinkel Murphy Smith Erhardt Knight Ness SolbergThe 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 House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2588, A bill for an act relating to insurance; providing a process for resolving state claims for certain landfill cleanup costs and associated damages with insurers; authorizing an action by the state for recovery from insurers after a reasonable opportunity for settlement; proposing coding for new law in Minnesota Statutes, chapter 115B; repealing Minnesota Statutes 1994, sections 115B.44, subdivision 1; and 115B.46; Minnesota Statutes 1995 Supplement, sections 115B.44, subdivision 2; and 115B.45.
Patrick E. Flahaven, Secretary of the Senate
Rest moved that the House concur in the Senate amendments to H. F. No. 2588 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2588, A bill for an act relating to insurance; providing a process for resolving state claims for certain landfill cleanup costs and associated damages with insurers; authorizing an action by the state for recovery from insurers after a reasonable opportunity for settlement; proposing coding for new law in Minnesota Statutes, chapter 115B; repealing Minnesota Statutes 1994, sections 115B.44, subdivision 1; and 115B.46; Minnesota Statutes 1995 Supplement, sections 115B.44, subdivision 2; and 115B.45.
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 126 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Knoblach Olson, E. Solberg Anderson, B. Farrell Koppendrayer Olson, M. Stanek Anderson, R. Finseth Kraus Onnen Sviggum Bakk Frerichs Larsen Opatz Swenson, D. Bertram Garcia Leighton Orenstein Swenson, H. Bettermann Girard Leppik Osskopp Sykora Bishop Goodno Lieder Osthoff Tompkins Boudreau Greenfield Lindner Ostrom Trimble Bradley Greiling Long Ozment Tuma Broecker Gunther Lourey Paulsen Tunheim Brown Haas Luther Pawlenty Van Dellen Carlson, L. Hackbarth Lynch Pellow Van Engen Carlson, S. Harder Macklin Pelowski Vickerman Carruthers Hasskamp Mahon Perlt Wagenius Clark Hausman Mares Peterson Warkentin Commers Holsten Mariani Pugh Weaver Cooper Huntley Marko Rest Wejcman Daggett Jaros McCollum Rhodes Wenzel Dauner Jefferson McElroy Rice Winter Davids Johnson, A. McGuire Rostberg Wolf Dawkins Johnson, R. Milbert Rukavina Worke Dehler Johnson, V. Molnau Sarna Sp.Anderson,I Delmont Kahn Mulder Schumacher Dempsey Kelley Munger Seagren Dorn Kelso Murphy Skoglund Entenza Kinkel Ness SmithThose who voted in the negative were:
Knight Krinkie WorkmanThe bill was repassed, as amended by the Senate, and its title agreed to.
Carruthers moved that the vote whereby H. F. No. 2330, as amended by Conference, was not passed on Monday, March 18, 1996, be now reconsidered.
A roll call was requested and properly seconded.
The question was taken on the Carruthers motion and the roll was called. There were 68 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Entenza Kelso Milbert Sarna Bakk Farrell Kinkel Munger Skoglund Bertram Garcia Knoblach Murphy Smith Bishop Greenfield Leighton Olson, E. Solberg Brown Greiling Lieder Opatz Sykora Carlson, L. Hasskamp Long Orenstein Trimble Carruthers Hausman Lourey Ostrom Tunheim Clark Huntley Luther Pelowski Wagenius Cooper Jaros Macklin Perlt Wejcman Davids Jefferson Mahon Pugh Wenzel Dawkins Johnson, A. Mariani Rest Winter Dehler Johnson, R. Marko Rhodes Sp.Anderson,I Delmont Kalis McCollum Rice Dorn Kelley McGuire RukavinaThose who voted in the negative were:
Abrams Finseth Kraus Osthoff Swenson, H. Anderson, B. Frerichs Krinkie Ozment Tompkins Bettermann Girard Larsen Paulsen Tuma Boudreau Goodno Leppik Pawlenty Van Dellen Bradley Gunther Lindner Pellow Van Engen Broecker Haas Lynch Peterson Vickerman Carlson, S. Hackbarth Molnau Rostberg Warkentin Commers Harder Mulder Schumacher Weaver Daggett Johnson, V. Ness Seagren WolfThe motion prevailed.
JOURNAL OF THE HOUSE - 101st Day - Top of Page 8440
Dauner Kahn Olson, M. Stanek Worke Dempsey Knight Onnen Sviggum Workman Erhardt Koppendrayer Osskopp Swenson, D.
On the motion of Olson, M., and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Finseth Kraus Olson, M. Stanek Anderson, B. Garcia Krinkie Onnen Sviggum Anderson, R. Girard Larsen Opatz Swenson, D. Bakk Goodno Leighton Orenstein Swenson, H. Bertram Greenfield Leppik Osskopp Sykora Bettermann Greiling Lieder Osthoff Tompkins Bishop Gunther Lindner Ostrom Trimble Boudreau Haas Long Ozment Tuma Bradley Hackbarth Lourey Paulsen Tunheim Broecker Harder Luther Pawlenty Van Dellen Brown Hasskamp Lynch Pellow Van Engen Carlson, L. Hausman Macklin Pelowski Vickerman Carlson, S. Huntley Mahon Perlt Wagenius Carruthers Jaros Mares Peterson Warkentin Commers Jennings Mariani Pugh Weaver Cooper Johnson, A. Marko Rest Wejcman Daggett Johnson, R. McCollum Rhodes Wenzel Dauner Johnson, V. McElroy Rice Winter Davids Kahn McGuire Rostberg Wolf Dawkins Kalis Milbert Rukavina Worke Dehler Kelley Molnau Sarna Workman Delmont Kelso Mulder Schumacher Sp.Anderson,I Dempsey Kinkel Munger Seagren Dorn Knight Murphy Skoglund Erhardt Knoblach Ness Smith Farrell Koppendrayer Olson, E. SolbergCarruthers 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.
H. F. No. 2330, as amended by Conference, was again reported to the House.
H. F. No. 2330, A bill for an act relating to land use planning; requesting the St. Cloud area planning organization to assess and report on the land use planning and coordinating issues of the region.
The bill, as amended by Conference, was placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 68 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Farrell Kelley McCollum Rice Bakk Finseth Kelso McGuire Sarna Bertram Garcia Kinkel Milbert Skoglund Bishop Goodno Knoblach Munger Smith Brown Greenfield Leighton Murphy Solberg Carlson, L. Greiling Leppik Olson, E. Sykora Carruthers Hasskamp Lieder Opatz Trimble Cooper Hausman Long Orenstein Tunheim Davids Holsten Lourey Ostrom Wagenius Dawkins Huntley Luther Pelowski Wenzel Dehler Jaros Mahon Perlt Winter Delmont Jennings Mares Peterson Sp.Anderson,I Dorn Johnson, R. Mariani Rest Entenza Kalis Marko RhodesThose who voted in the negative were:
JOURNAL OF THE HOUSE - 101st Day - Top of Page 8441
Abrams Frerichs Krinkie Ozment Tompkins Anderson, B. Girard Larsen Paulsen Tuma Bettermann Gunther Lindner Pawlenty Van Dellen Boudreau Haas Lynch Pellow Van Engen Bradley Hackbarth Macklin Pugh Vickerman Broecker Harder McElroy Rostberg Warkentin Carlson, S. Jefferson Molnau Rukavina Weaver Clark Johnson, A. Mulder Schumacher Wejcman Commers Johnson, V. Ness Seagren Wolf Daggett Kahn Olson, M. Stanek Worke Dauner Knight Onnen Sviggum Workman Dempsey Koppendrayer Osskopp Swenson, D. Erhardt Kraus Osthoff Swenson, H.The bill was repassed, as amended by Conference, and its title agreed to.
Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.
The following Conference Committee Report was received:
A bill for an act relating to the metropolitan airports commission; prohibiting free parking; amending Minnesota Statutes 1994, section 473.608, by adding a subdivision.
March 18, 1996
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 2321, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2321 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 473.608, is amended by adding a subdivision to read:
Subd. 23. [PARKING PRIVILEGES.] Except as otherwise provided in this subdivision, the commission may not provide free parking at the Minneapolis-Saint Paul international airport terminal. The commission may provide free parking to employees and members of the commission who are at the terminal on official business. The commission may provide free parking at the Minneapolis-Saint Paul international airport terminal for persons who are not employees or members of the commission if those persons are attending a meeting of the commission or performing volunteer work in the terminal. A card or pass issued to provide free parking must have an expiration date of no later than one year after the card or pass is issued. The commission shall require an expired card to be returned to the commission or shall account for it in another manner. The commission shall maintain a record of who receives free parking at the terminal, including the person's name, organization, date, the dollar value of the free parking provided, and the purpose for which the free parking was provided.
Sec. 2. [EXISTING PARKING CARDS EXPIRE.]
All cards or passes authorizing free parking at the Minneapolis-Saint Paul international airport terminal issued by the commission before the effective date of this act, expire on the effective date of this act. The commission shall ensure that all free parking cards or passes issued on or after the effective date of this act are distinguishable from any cards or passes previously issued. The commission shall not honor expired free parking cards or passes.
Sec. 3. [APPLICATION.]
Sections 1 and 2 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following their final enactment."
Delete the title and insert:
"A bill for an act relating to the metropolitan airports commission; prohibiting free parking; providing for the expiration of free parking cards; amending Minnesota Statutes 1994, section 473.608, by adding a subdivision."
We request adoption of this report and repassage of the bill.
House Conferees: Howard Orenstein, Charlie Weaver and Darlene Luther.
Senate Conferees: John Marty, Cal Larson and Carol Flynn.
Orenstein moved that the report of the Conference Committee on H. F. No. 2321 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2321, A bill for an act relating to the metropolitan airports commission; prohibiting free parking; amending Minnesota Statutes 1994, section 473.608, by adding a subdivision.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kinkel Murphy Smith Anderson, B. Farrell Knight Olson, E. Solberg Anderson, R. Finseth Knoblach Olson, M. Stanek Bakk Frerichs Koppendrayer Onnen Sviggum Bertram Garcia Kraus Opatz Swenson, D. Bettermann Girard Krinkie Orenstein Swenson, H. Bishop Goodno Larsen Osskopp Sykora Boudreau Greenfield Leighton Osthoff TompkinsThose who voted in the negative were:
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Bradley Greiling Leppik Ostrom Trimble Broecker Gunther Lieder Ozment Tuma Brown Haas Long Paulsen Tunheim Carlson, L. Hackbarth Lourey Pawlenty Van Dellen Carlson, S. Harder Luther Pellow Van Engen Carruthers Hasskamp Lynch Pelowski Vickerman Clark Hausman Macklin Perlt Wagenius Commers Holsten Mahon Peterson Warkentin Cooper Huntley Mares Pugh Weaver Daggett Jefferson Mariani Rest Wejcman Dauner Jennings Marko Rhodes Wenzel Davids Johnson, A. McCollum Rice Winter Dawkins Johnson, R. McElroy Rostberg Wolf Dehler Johnson, V. McGuire Rukavina Worke Delmont Kahn Milbert Sarna Workman Dempsey Kalis Molnau Schumacher Sp.Anderson,I Dorn Kelley Mulder Seagren Entenza Kelso Munger Skoglund
LindnerThe bill was repassed, as amended by Conference, and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2720.
S. F. No. 2720 was reported to the House.
Pelowski moved to amend S. F. No. 2720 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 200.02, subdivision 7, is amended to read:
Subd. 7. [MAJOR POLITICAL PARTY.] "Major political party" means a political party that maintains a party organization in the state, political division or precinct in question and:
(a) Which (1) that has presented at least one
candidate for election to a partisan office at the last preceding
state general election, which candidate who
received votes in each county in that election and received votes
from not less than five percent of the total number of
individuals who voted in that election; or
(b) (2) whose members present to the secretary of
state a petition for a place on the state partisan primary
ballot, which a petition that contains
signatures of a number of the party members equal to at least
five percent of the total number of individuals who voted in the
preceding state general election.
Votes cast for a candidate who was the nominee of more than one political party in a state general election are not counted in determining whether a minor political party should become a major political party under clause (1).
Sec. 2. Minnesota Statutes 1994, section 200.02, is amended by adding a subdivision to read:
Subd. 22. [MINOR POLITICAL PARTY.] "Minor political party" means a political party that is not a major political party as defined by subdivision 7 and that has adopted a state constitution, designated a state party chair, and
(1) has presented at least one candidate:
(i) for a partisan office voted on statewide at the preceding state general election who received votes in each county that in the aggregate equal at least one percent of the total number of individuals who voted in the election; or
(ii) for a legislative office who received votes from at least ten percent of the total number of individuals who voted for that office; or
(2) whose members present to the secretary of state a petition containing the signatures of party members in a number equal to:
(i) at least one percent of the total number of individuals voting in the preceding state general election; or
(ii) at least ten percent of the total number of individuals voting in the preceding state general election for a legislative office for which the party presented a candidate.
Sec. 3. Minnesota Statutes 1994, section 204B.04, subdivision 2, is amended to read:
Subd. 2. [CANDIDATES SEEKING NOMINATION BY PRIMARY.] No
individual who seeks nomination for any partisan or nonpartisan
office at a primary shall be nominated for the same office by
nominating petition, except as otherwise provided for partisan
offices in section 204D.10, subdivision 2 simultaneous
nominations in section 4, and for nonpartisan offices in
section 204B.13, subdivision 4. A major party candidate who
fails to be nominated at the state primary may not be listed on
any ballot at the subsequent state general election, except to
fill a vacancy as provided in section 204B.13.
Sec. 4. Minnesota Statutes 1994, section 204B.04, is amended by adding a subdivision to read:
Subd. 2a. [SIMULTANEOUS NOMINATION.] A candidate may seek the nomination of a major political party and one or more minor political parties for the same partisan office simultaneously if the state chair of the parties whose nomination is sought consents in writing to the simultaneous nomination. The forms for written consent of the party chair must be prepared in the manner provided by the secretary of state. A candidate may not be nominated by petition for a partisan office without the written consent of the candidate.
A candidate who seeks the simultaneous nomination of a major political party and one or more minor political parties and fails to be nominated at the state primary for the major political party forfeits the nominations of the minor political parties.
A candidate may not seek the nomination of either a major or minor political party, or both, and file a nominating petition as an independent candidate for the same election.
Sec. 5. Minnesota Statutes 1995 Supplement, section 204B.06, subdivision 1, is amended to read:
Subdivision 1. [FORM OF AFFIDAVIT.] An affidavit of candidacy shall state the name of the office sought and shall state that the candidate:
(a) is an eligible voter;
(b) has no other affidavit on file as a candidate for any
other office at the same primary or next ensuing general
election, except that a candidate for soil and water conservation
district supervisor in a district not located in whole or in part
in Anoka, Hennepin, Ramsey, or Washington county, may also have
on file an affidavit of candidacy for mayor or council member of
a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water
conservation district or for town supervisor in a town of not
more than 2,500 population contained in whole or in part in the
soil and water conservation district; and
(c) is, or will be on assuming the office, 21 years of age or more, and will have maintained residence in the district from which the candidate seeks election for 30 days before the general election; and
(d) accepts the nomination, if nominated by petition.
An affidavit of candidacy must include a statement that the candidate's name as written on the affidavit for ballot designation is the candidate's true name or the name by which the candidate is commonly and generally known in the community.
An affidavit of candidacy for partisan office shall also state the name of the candidate's political party or political principle, stated in three words or less.
A candidate seeking the simultaneous nomination of a major political party and one or more minor political parties shall include the consent forms from the party chairs required by section 204B.04, subdivision 2a, with the affidavit of candidacy.
Sec. 6. Minnesota Statutes 1994, section 204D.10, subdivision 2, is amended to read:
Subd. 2. [PARTY PRIMARY; TEN PERCENT REQUIREMENT.] If at the state primary any individual seeking a major political party's nomination for an office receives a number of votes equal to ten percent of the average of the votes cast at the last state general election for state officers of that major political party within the district for which the office is voted, then all candidates of that major political party who receive the highest vote for an office are the
nominees of that major political party. If none of the candidates of a major political party receive the required ten percent, then no candidates are nominated, and all the candidates of that major political party may be nominated by nominating petition as provided in sections 204B.07 to 204B.09. The nominating petitions provided for in this subdivision may only be signed and submitted to the appropriate filing officer during the seven days following the state primary. For the purposes of this subdivision, "state officers" mean the governor, lieutenant governor, secretary of state, state auditor, state treasurer, and attorney general.
Sec. 7. Minnesota Statutes 1994, section 204D.12, is amended to read:
204D.12 [NAMES PLACED ON GENERAL ELECTION BALLOTS.]
Without payment of an additional fee, the county auditor shall place on the appropriate state general election ballot the name of every candidate:
(a) Whose nomination at the state primary has been certified by the appropriate canvassing board;
(b) Who has been nominated by petition, including candidates certified by the secretary of state; and
(c) Who was nominated and whose name was omitted from the state nonpartisan primary ballot pursuant to section 204D.07, subdivision 3. Only the names of duly nominated candidates may be placed on a ballot.
A candidate who is nominated for an office by more than one political party may be listed on the ballot only once.
Sec. 8. Minnesota Statutes 1994, section 204D.13, is amended by adding a subdivision to read:
Subd. 4. [SIMULTANEOUS NOMINATION.] A candidate who is nominated by a major political party and one or more minor political parties shall appear on the ballot in the space designated for the major political party candidate for the office sought. A candidate who is nominated by more than one minor political party but is not the nominee of a major political party shall appear on the ballot in the position designated for the first party filing a nominating petition with the filing officer. The name of each political party nominating the candidate shall appear on the ballot with the candidate's name.
Sec. 9. [EFFECTIVE DATE.]
This act is effective for the state primary election in 1996.
Sec. 10. [EXPIRATION.]
Sections 2, 4, and 8 and the amendments to Minnesota Statutes in sections 1, 3, 5, 6, and 7 expire on June 1, 1997."
Delete the title and insert:
"A bill for an act relating to elections; permitting simultaneous candidacy for nomination by major and minor parties with their consent under certain conditions; amending Minnesota Statutes 1994, sections 200.02, subdivision 7, and by adding a subdivision; 204B.04, subdivision 2, and by adding a subdivision; 204D.10, subdivision 2; 204D.12; and 204D.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 204B.06, subdivision 1."
The motion prevailed and the amendment was adopted.
Abrams, Pelowski, Jefferson and Dawkins moved to amend S. F. No. 2720, as amended, as follows:
Page 6, line 2, delete everything after "7" and insert a colon
Page 6, after line 2, insert:
"(1) are suspended during any period that the court's decision is stayed or the mandate recalled in Twin Cities Area New Party v. McKenna, et al., No. 94-3417MN (8th cir., filed Jan. 5, 1996) ("McKenna"); and
(2) expire upon a final adjudication reversing that decision or on June 1, 1997, whichever is earlier.
During suspension or upon the expiration provided under this section the requirements of prior law prohibiting simultaneous nominations are effective. The purpose of this provision is to retain prior law prohibiting simultaneous nominations whenever permissible under the United States Constitution and to provide interim compliance with the McKenna decision."
A roll call was requested and properly seconded.
The question was taken on the Abrams et al amendment and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Olson, E. Stanek Anderson, B. Finseth Koppendrayer Olson, M. Sviggum Anderson, R. Frerichs Kraus Onnen Swenson, D. Bakk Garcia Krinkie Opatz Swenson, H. Bertram Girard Larsen Orenstein Sykora Bettermann Goodno Leighton Osskopp Tompkins Bishop Greenfield Leppik Osthoff Trimble Boudreau Greiling Lieder Ostrom Tuma Bradley Gunther Lindner Ozment Tunheim Broecker Haas Long Paulsen Van Dellen Brown Hackbarth Lourey Pawlenty Van Engen Carlson, L. Harder Luther Pellow Vickerman Carlson, S. Hasskamp Lynch Pelowski Wagenius Carruthers Hausman Macklin Perlt Warkentin Clark Holsten Mahon Peterson Weaver Commers Huntley Mares Pugh Wejcman Cooper Jaros Mariani Rest Wenzel Daggett Jennings Marko Rhodes Winter Dauner Johnson, A. McCollum Rice Wolf Davids Johnson, R. McElroy Rostberg Worke Dawkins Johnson, V. McGuire Rukavina Workman Dehler Kahn Milbert Sarna Sp.Anderson,I Delmont Kalis Molnau Schumacher Dempsey Kelley Mulder Seagren Dorn Kelso Munger Skoglund Entenza Kinkel Murphy Smith Erhardt Knight Ness SolbergThe motion prevailed and the amendment was adopted.
Dawkins, Jefferson, Clark and Wejcman moved to amend S. F. No. 2720, as amended, as follows:
Page 5, after line 32, insert "For each statewide office other than president for which any candidate has been nominated by more than one political party, the ballot shall contain the following. After the last office or question on the ballot, the ballot shall state:
"Optional: Party identification for offices with candidates nominated by more than one party only. Mark only one." Under this heading the ballot shall list all the parties for offices by which any candidate who had multiple nominations was nominated, and shall provide a way for the voter to indicate the voter's party identification for those offices."
A roll call was requested and properly seconded.
Leighton and Dawkins moved to amend the Dawkins et al amendment to S. F. No. 2720, as amended, as follows:
Page 1, line 13 of the Dawkins amendment, after the period, insert "A ballot spoiled because of an incorrect marking of the optional portion of the ballot, does not spoil the remaining portions of the ballot."
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Dawkins et al amendment, as amended, and the roll was called. There were 13 yeas and 116 nays as follows:
Those who voted in the affirmative were:
Bakk Entenza Jaros Leighton Wejcman Clark Greiling Jefferson McGuire Dawkins Hausman Johnson, R. RukavinaThose who voted in the negative were:
Abrams Finseth Krinkie Opatz Sviggum Anderson, B. Frerichs Larsen Orenstein Swenson, D. Anderson, R. Garcia Leppik Osskopp Swenson, H. Bertram Girard Lieder Osthoff Sykora Bettermann Goodno Lindner Ostrom Tompkins Bishop Greenfield Long Ozment Trimble Boudreau Gunther Lourey Paulsen Tuma Bradley Haas Luther Pawlenty Tunheim Broecker Hackbarth Lynch Pellow Van Dellen Brown Harder Macklin Pelowski Van Engen Carlson, L. Hasskamp Mahon Perlt Vickerman Carlson, S. Holsten Mares Peterson Wagenius Carruthers Huntley Mariani Pugh Warkentin Commers Johnson, A. Marko Rest Weaver Cooper Johnson, V. McCollum Rhodes Wenzel Daggett Kahn McElroy Rice Winter Dauner Kalis Milbert Rostberg Wolf Davids Kelley Molnau Sarna Worke Dehler Kelso Mulder Schumacher Workman Delmont Kinkel Munger Seagren Sp.Anderson,I Dempsey Knight Ness Skoglund Dorn Knoblach Olson, E. Smith Erhardt Koppendrayer Olson, M. Solberg Farrell Kraus Onnen StanekThe motion did not prevail and the amendment, as amended, was not adopted.
Krinkie moved to amend S. F. No. 2720, as amended, as follows:
Page 5, after line 19, insert:
"Sec. 8. Minnesota Statutes 1994, section 204D.13, subdivision 3, is amended to read:
Subd. 3. [NOMINEES BY PETITION; PLACEMENT ON BALLOT.] The
names of candidates nominated by petition for a partisan office
voted on at the state general election shall be placed on the
white ballot after the names of the candidates for that office
who were nominated at the state primary. Candidates nominated by
petition shall be placed on the ballot in the order in which the
petitions were filed. The political party or political
principle of the candidate as stated on the petition shall be
placed after the name of a candidate nominated by petition. The
word "nonpartisan" shall not be used to designate any partisan
candidate whose name is placed on the white ballot by
nominating petition."
Page 5, line 30, delete everything after the period
Page 5, delete line 31 and 32 and insert:
"Sec. 10. Minnesota Statutes 1994, section 240D.13, is amended by adding a subdivision to read:
Subd. 5. [DESIGNATION OF PARTY OR PRINCIPLE.] There must be no designation of the political party or political principle of any candidate listed on the white ballot."
Page 6, delete lines 1 and 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 Krinkie amendment and the roll was called. There were 56 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Krinkie Onnen Tuma Anderson, B. Frerichs Larsen Osskopp Van Dellen Bettermann Girard Leppik Ozment Van Engen Bishop Gunther Lindner Rhodes Vickerman Boudreau Haas Lynch Rostberg Warkentin Bradley Hackbarth Macklin Smith Weaver Broecker Harder Mares Stanek Worke Carlson, S. Holsten McElroy Sviggum Workman Daggett Knight Molnau Swenson, D. Davids Knoblach Mulder Swenson, H. Dehler Koppendrayer Ness Sykora Dempsey Kraus Olson, M. TompkinsThose who voted in the negative were:
Anderson, R. Finseth Kelley Olson, E. Sarna Bakk Garcia Kelso Opatz Schumacher Bertram Goodno Kinkel Orenstein Seagren Brown Greiling Leighton Osthoff Skoglund Carlson, L. Hasskamp Lieder Ostrom Solberg Carruthers Hausman Long Paulsen Trimble Clark Huntley Lourey Pawlenty Tunheim Commers Jaros Luther Pellow Wagenius Cooper Jefferson Mahon Pelowski Wejcman Dauner Jennings Mariani Perlt Wenzel Dawkins Johnson, A. McCollum Peterson Winter Delmont Johnson, R. McGuire Pugh Wolf Dorn Johnson, V. Milbert Rest Sp.Anderson,I Entenza Kahn Munger Rice Farrell Kalis Murphy RukavinaThe motion did not prevail and the amendment was not adopted.
Frerichs, Pawlenty and Abrams moved to amend S. F. No. 2720, as amended, as follows:
Page 2, after line 25, insert:
""Minor political party" does not include a political fund, as defined in section 10A.01, subdivision 16."
A roll call was requested and properly seconded.
The question was taken on the Frerichs et al amendment and the roll was called. There were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kraus Onnen Sykora Anderson, B. Finseth Krinkie Osskopp Tompkins Bettermann Frerichs Larsen Paulsen Tuma Bishop Girard Lindner Pawlenty Van Dellen Boudreau Goodno Lynch Pellow Van Engen Bradley Gunther Macklin Rhodes Vickerman Broecker Haas Mares Rostberg Warkentin Carlson, S. Hackbarth McElroy Smith Weaver Commers Holsten Molnau Stanek Worke Daggett Knight Mulder Sviggum Workman Davids Knoblach Ness Swenson, D. Dempsey Koppendrayer Olson, M. Swenson, H.Those who voted in the negative were:
Anderson, R. Garcia Kelso Murphy Schumacher Bakk Greiling Kinkel Olson, E. Seagren Bertram Harder Leighton Opatz Skoglund Brown Hasskamp Leppik Orenstein Solberg Carlson, L. Hausman Lieder Osthoff Trimble Carruthers Huntley Long Ostrom TunheimThe motion did not prevail and the amendment was not adopted.
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Clark Jaros Lourey Ozment Wagenius Cooper Jefferson Luther Pelowski Wejcman Dauner Jennings Mahon Perlt Wenzel Dawkins Johnson, A. Mariani Peterson Winter Dehler Johnson, R. Marko Pugh Wolf Delmont Johnson, V. McCollum Rest Sp.Anderson,I Dorn Kahn McGuire Rice Entenza Kalis Milbert Rukavina Farrell Kelley Munger Sarna
S. F. No. 2720, A bill for an act relating to elections; permitting simultaneous candidacy for nomination by major and minor parties with their consent under certain conditions; amending Minnesota Statutes 1994, sections 200.02, subdivision 7, and by adding a subdivision; 204B.04, subdivision 2, and by adding a subdivision; 204D.12; and 204D.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 204B.06, subdivision 1; repealing Minnesota Statutes 1994, section 204D.10, subdivision 2.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 116 yeas and 14 nays as follows:
Those who voted in the affirmative were:
Abrams Entenza Kalis Mulder Stanek Anderson, R. Erhardt Kelley Munger Sviggum Bakk Farrell Kelso Murphy Swenson, D. Bertram Finseth Kinkel Ness Swenson, H. Bettermann Frerichs Knoblach Olson, E. Sykora Bishop Garcia Koppendrayer Olson, M. Trimble Boudreau Girard Kraus Onnen Tuma Bradley Goodno Larsen Opatz Tunheim Broecker Greenfield Leppik Orenstein Van Dellen Brown Greiling Lieder Osskopp Van Engen Carlson, L. Gunther Lindner Osthoff Vickerman Carlson, S. Haas Long Ozment Wagenius Carruthers Hackbarth Lourey Paulsen Warkentin Clark Harder Lynch Pawlenty Weaver Commers Hasskamp Macklin Pellow Wejcman Cooper Hausman Mahon Pelowski Wenzel Daggett Holsten Mares Pugh Winter Dauner Huntley Mariani Rest Wolf Davids Jaros Marko Rhodes Worke Dawkins Jefferson McCollum Rostberg Sp.Anderson,I Dehler Jennings McElroy Sarna Delmont Johnson, A. McGuire Schumacher Dempsey Johnson, V. Milbert Seagren Dorn Kahn Molnau SolbergThose who voted in the negative were:
Anderson, B. Krinkie Perlt Rukavina Tompkins Johnson, R. Luther Peterson Skoglund Workman Knight Ostrom Rice SmithThe bill was passed, as amended, and its title agreed to.
The Speaker called Kahn to the Chair.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2874.
S. F. No. 2874, A bill for an act relating to settlements; authorizing settlement of a lawsuit for age discrimination; implementing a settlement with extended employment program services providers; transferring appropriations; appropriating money.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 119 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Abrams Entenza Kalis Mulder Schumacher Anderson, R. Erhardt Kelley Munger Seagren Bakk Farrell Kelso Murphy Skoglund Bertram Finseth Kinkel Ness Solberg Bettermann Frerichs Knoblach Olson, E. Sviggum Bishop Garcia Koppendrayer Onnen Swenson, D. Boudreau Girard Kraus Opatz Swenson, H. Bradley Goodno Larsen Orenstein Sykora Broecker Greenfield Leighton Osskopp Trimble Brown Greiling Leppik Ostrom Tunheim Carlson, L. Gunther Lieder Ozment Van Dellen Carlson, S. Haas Lindner Paulsen Van Engen Carruthers Harder Long Pawlenty Vickerman Clark Hasskamp Lourey Pellow Wagenius Commers Hausman Luther Pelowski Warkentin Cooper Holsten Lynch Perlt Weaver Daggett Huntley Mares Peterson Wejcman Dauner Jaros Mariani Pugh Wenzel Davids Jefferson Marko Rest Winter Dawkins Jennings McCollum Rhodes Wolf Dehler Johnson, A. McElroy Rice Worke Delmont Johnson, R. McGuire Rostberg Workman Dempsey Johnson, V. Milbert Rukavina Sp.Anderson,I Dorn Kahn Molnau SarnaThose who voted in the negative were:
Anderson, B. Krinkie Smith Tuma Hackbarth Macklin Stanek Knight Olson, M. TompkinsThe bill was passed and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1905.
S. F. No. 1905, A bill for an act relating to parks and recreation; adding to and deleting from state parks.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 116 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kinkel Onnen Swenson, D. Anderson, R. Farrell Knoblach Opatz Swenson, H.Those who voted in the negative were:
JOURNAL OF THE HOUSE - 101st Day - Top of Page 8451
Bakk Finseth Koppendrayer Orenstein Sykora Bertram Frerichs Kraus Osthoff Tompkins Bettermann Girard Larsen Ostrom Trimble Bishop Goodno Leighton Ozment Tuma Boudreau Greiling Leppik Paulsen Tunheim Bradley Gunther Lieder Pawlenty Van Dellen Brown Haas Long Pelowski Van Engen Carlson, L. Hackbarth Lourey Perlt Vickerman Carlson, S. Hasskamp Luther Peterson Wagenius Carruthers Hausman Lynch Pugh Warkentin Clark Holsten Macklin Rhodes Weaver Commers Huntley Mahon Rice Wejcman Cooper Jaros Mares Rostberg Wenzel Daggett Jefferson Marko Rukavina Winter Dauner Jennings McElroy Sarna Wolf Davids Johnson, A. McGuire Schumacher Worke Dawkins Johnson, R. Milbert Seagren Workman Dehler Johnson, V. Mulder Skoglund Sp.Anderson,I Delmont Kahn Munger Smith Dempsey Kalis Murphy Solberg Dorn Kelley Ness Stanek Entenza Kelso Olson, E. Sviggum
Anderson, B. Knight McCollum Osskopp Broecker Krinkie Molnau Pellow Harder Lindner Olson, M.The bill was passed and its title agreed to.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:
S. F. Nos. 2260, 2552 and 2342; H. F. No. 2378; S. F. Nos. 2503 and 2471; H. F. No. 1648; and S. F. Nos. 2381, 317 and 368.
S. F. No. 2260, A bill for an act relating to state government; modifying classifications for certain positions in the higher education system.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kelso Murphy Smith Anderson, B. Farrell Kinkel Ness Solberg Anderson, R. Finseth Knight Olson, E. Stanek Bakk Frerichs Knoblach Olson, M. Sviggum Bertram Garcia Koppendrayer Onnen Swenson, D. Bettermann Girard Kraus Opatz Swenson, H. Bishop Goodno Krinkie Orenstein Sykora Boudreau Greenfield Larsen Osskopp Tompkins Bradley Greiling Leighton Osthoff Trimble Broecker Gunther Leppik Ostrom Tuma Brown Haas Lieder Ozment Tunheim Carlson, L. Hackbarth Long Paulsen Van Dellen Carlson, S. Harder Lourey Pawlenty Van Engen Carruthers Hasskamp Luther Pellow Vickerman Clark Hausman Lynch Pelowski Wagenius Commers Holsten Macklin Perlt Warkentin Cooper Huntley Mares Peterson Weaver Daggett Jaros Mariani Pugh Wejcman Dauner Jefferson Marko Rhodes Wenzel Davids Jennings McCollum Rice Winter Dawkins Johnson, A. McElroy Rostberg Wolf Dehler Johnson, R. McGuire Rukavina Worke Delmont Johnson, V. Milbert Sarna Workman Dempsey Kahn Molnau Schumacher Sp.Anderson,I Dorn Kalis Mulder Seagren Entenza Kelley Munger SkoglundThose who voted in the negative were:
LindnerThe bill was passed and its title agreed to.
Smith was excused for the remainder of today's session.
S. F. No. 2552, A bill for an act relating to workers' compensation; modifying provisions governing calculation of premiums; modifying provisions relating to independent contractors; exempting certain rules from expiration; changing terms of a pilot program; making technical changes; amending Minnesota Statutes 1995 Supplement, sections 79.53, subdivision 1; 79.55, subdivision 5; 176.136, subdivision 1a; 176.1812, subdivisions 1 and 6; and 176.261; proposing coding for new law in Minnesota Statutes, chapter 176.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abrams Entenza Kalis Molnau Sarna Anderson, B. Erhardt Kelley Mulder Schumacher Anderson, R. Farrell Kelso Munger Seagren Bakk Finseth Kinkel Murphy Skoglund Bertram Frerichs Knoblach Ness Solberg Bettermann Garcia Koppendrayer Olson, E. Stanek Bishop Girard Kraus Olson, M. Sviggum Boudreau Goodno Larsen Onnen Swenson, D. Bradley Greenfield Leighton Opatz Swenson, H. Broecker Greiling Leppik Orenstein Sykora Brown Gunther Lieder Osskopp Trimble Carlson, L. Haas Lindner Osthoff Tuma Carlson, S. Hackbarth Long Ostrom Tunheim Carruthers Harder Lourey Ozment Van Dellen Clark Hasskamp Luther Paulsen Van Engen Commers Hausman Lynch Pawlenty Vickerman Cooper Holsten Macklin Pellow Wagenius Daggett Huntley Mahon Perlt Warkentin Dauner Jaros Mares Peterson Weaver Davids Jefferson Mariani Pugh Wejcman Dawkins Jennings Marko Rest Wenzel Dehler Johnson, A. McCollum Rhodes Winter Delmont Johnson, R. McElroy Rice Wolf Dempsey Johnson, V. McGuire Rostberg Sp.Anderson,I Dorn Kahn Milbert RukavinaThose who voted in the negative were:
Knight Tompkins Workman Krinkie WorkeThe bill was passed and its title agreed to.
S. F. No. 2342 was reported to the House.
Schumacher moved to amend S. F. No. 2342 as follows:
Page 5, line 36, after "parts" insert "219,"
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
S. F. No. 2342, A bill for an act relating to motor carriers; providing for deregulation of motor carriers of property; establishing a carrier registration system; allowing relief from safety regulations during declared emergency; creating exemptions from certain workplace drug and alcohol testing; requiring alcohol testing; changing the definition of
warehouse operator; amending Minnesota Statutes 1994, sections 221.011, subdivision 15, and by adding a subdivision; 221.031, by adding a subdivision; 221.605, subdivision 1; and 231.01, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 221.
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 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kelso Mulder Skoglund Anderson, B. Farrell Kinkel Munger Solberg Anderson, R. Finseth Knight Murphy Stanek Bakk Frerichs Knoblach Ness Sviggum Bertram Garcia Koppendrayer Olson, E. Swenson, D. Bettermann Girard Kraus Olson, M. Swenson, H. Bishop Goodno Krinkie Onnen Sykora Boudreau Greenfield Larsen Opatz Tompkins Bradley Greiling Leighton Orenstein Trimble Broecker Gunther Leppik Osskopp Tuma Brown Haas Lieder Ostrom Tunheim Carlson, L. Hackbarth Lindner Ozment Van Dellen Carlson, S. Harder Long Paulsen Van Engen Carruthers Hasskamp Lourey Pawlenty Vickerman Clark Hausman Luther Pellow Wagenius Commers Holsten Lynch Pelowski Warkentin Cooper Huntley Macklin Perlt Weaver Daggett Jaros Mahon Peterson Wejcman Dauner Jefferson Mares Pugh Wenzel Davids Jennings Mariani Rhodes Winter Dawkins Johnson, A. Marko Rice Wolf Dehler Johnson, R. McCollum Rostberg Worke Delmont Johnson, V. McElroy Rukavina Workman Dempsey Kahn McGuire Sarna Sp.Anderson,I Dorn Kalis Milbert Schumacher Entenza Kelley Molnau SeagrenThose who voted in the negative were:
OsthoffThe bill was passed, as amended, and its title agreed to.
Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2375:
Rest, Wagenius and McElroy.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2402:
Osthoff, Kahn and Abrams.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 840:
Long, Jennings and Kraus.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1919:
Perlt, Wagenius and Wolf.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2123:
Jefferson, Wejcman and Onnen.
Workman moved that his name be stricken as chief author and the name of Johnson, V., be added as chief author and the name of Lieder be added as an author on H. F. No. 2865. The motion prevailed.
Hackbarth moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Monday, March 18, 1996, when the vote was taken on the first Sviggum amendment to S. F. No. 840, as amended." The motion prevailed.
Larsen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Monday, March 18, 1996, when the vote was taken on the first Sviggum amendment to S. F. No. 840, as amended." The motion prevailed.
Farrell moved that H. F. No. 2879 be returned to its author. The motion prevailed.
Carruthers moved that when the House adjourns today it adjourn until 12:30 p.m., Wednesday, March 20, 1996. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Wednesday, March 20, 1996.
Edward A. Burdick, Chief Clerk, House of Representatives
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