JOURNAL OF THE HOUSE - 54th Day - Top of Page 3753

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

FIFTY-FOURTH DAY

Saint Paul, Minnesota, Friday, May 5, 1995

Index to today's Journal

The House of Representatives convened at 12:00 noon and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by the Reverend Kurt Morem, Our Savior's and Vernes Lutheran Church, McIntosh, Minnesota.

The roll was called and the following members were present:

Abrams       Frerichs     Koppendrayer Olson, M.    Solberg
Anderson, B. Garcia       Kraus        Onnen        Stanek
Bakk         Girard       Krinkie      Opatz        Sviggum
Bertram      Goodno       Larsen       Orenstein    Swenson, D.
Bettermann   Greenfield   Leighton     Orfield      Swenson, H.
Bishop       Greiling     Leppik       Osskopp      Sykora
Boudreau     Haas         Lieder       Osthoff      Tomassoni
Bradley      Hackbarth    Lindner      Ostrom       Tompkins
Broecker     Harder       Long         Otremba      Trimble
Brown        Hasskamp     Lourey       Ozment       Tuma
Carlson      Hausman      Luther       Paulsen      Tunheim
Carruthers   Holsten      Lynch        Pawlenty     Van Dellen
Clark        Hugoson      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Pelowski     Vickerman
Cooper       Jaros        Mares        Perlt        Wagenius
Daggett      Jefferson    Mariani      Peterson     Warkentin
Dauner       Jennings     Marko        Pugh         Weaver
Davids       Johnson, A.  McCollum     Rest         Wejcman
Dawkins      Johnson, R.  McElroy      Rhodes       Wenzel
Dehler       Johnson, V.  McGuire      Rice         Winter
Delmont      Kahn         Milbert      Rostberg     Wolf
Dempsey      Kalis        Molnau       Rukavina     Worke
Dorn         Kelley       Mulder       Schumacher   Workman
Entenza      Kelso        Munger       Seagren      Sp.Anderson,I
Erhardt      Kinkel       Murphy       Simoneau     
Farrell      Knight       Ness         Skoglund     
Finseth      Knoblach     Olson, E.    Smith        
A quorum was present.

Anderson, R., and Sarna were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Lieder moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

REPORTS OF CHIEF CLERK

S. F. No. 255 and H. F. No. 398, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Carruthers moved that the rules be so far suspended that S. F. No. 255 be substituted for H. F. No. 398 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 621 and H. F. No. 683, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Milbert moved that the rules be so far suspended that S. F. No. 621 be substituted for H. F. No. 683 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 734 and H. F. No. 1290, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Delmont moved that the rules be so far suspended that S. F. No. 734 be substituted for H. F. No. 1290 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 801 and H. F. No. 506, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Clark moved that the rules be so far suspended that S. F. No.

801 be substituted for H. F. No. 506 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1173 and H. F. No. 1356, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Kelley moved that the rules be so far suspended that S. F. No. 1173 be substituted for H. F. No. 1356 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1279 and H. F. No. 1473, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

McGuire moved that the rules be so far suspended that S. F. No. 1279 be substituted for H. F. No. 1473 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1543 and H. F. No. 1808, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Rest moved that the rules be so far suspended that S. F. No. 1543 be substituted for H. F. No. 1808 and that the House File be indefinitely postponed. The motion prevailed.


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PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 3, 1995

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. 866, relating to local government; authorizing home rule charter and statutory cities to make grants to nonprofit community food shelves.

H. F. No. 533, relating to Stearns county; authorizing the Paynesville area hospital district to annex the city of Eden Valley to the district; authorizing the city of Sauk Centre to determine the number of members of the public utilities commission.

H. F. No. 47, relating to solid waste; merging two conflicting amendments to the solid waste generator assessment statute that were enacted in 1994; correcting and clarifying terminology.

H. F. No. 565, relating to metropolitan area housing; authorizing the metropolitan council to operate a federal section 8 housing program within the metropolitan area pursuant to joint exercise of powers agreements.

H. F. No. 1060, relating to local government; excluding certain fire and police department employees from civil service in the city of South St. Paul.

H. F. No. 813, relating to human services; establishing a temporary payment rate for a recently purchased intermediate care facility for persons with mental retardation or related conditions.

H. F. No. 877, relating to insurance; private passenger vehicle insurance; providing for a premium reduction for vehicles having antitheft alarms or devices; defining terms.

H. F. No. 68, relating to insurance; requiring insurers to offer alternative methods for the payment of group life policy proceeds.

H. F. No. 1011, relating to traffic regulations; prohibiting radar jammers.

Warmest regards,

Arne H. Carlson

Governor


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STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

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 1995 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 and          

S.F. H.F. Session Laws Date ApprovedDate Filed

No. No. Chapter No. 1995 1995

866 109 11:02 a.m. May 3 May 3

533 110 11:00 a.m. May 3 May 3

47 111 10:52 a.m. May 3 May 3

565 112 10:52 a.m. May 3 May 3

1060 113 10:50 a.m. May 3 May 3

813 114 10:49 a.m. May 3 May 3

877 115 10:45 a.m. May 3 May 3

68 116 10:48 a.m. May 3 May 3

1011 118 10:55 a.m. May 3 May 3

Sincerely,

Joan Anderson Growe

Secretary of State

REPORTS OF STANDING COMMITTEES

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 1118, A bill for an act relating to Minnesota Statutes; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 1994, sections 3A.01, subdivision 7; 3A.02, subdivision 1; 3A.11, subdivision 4; 3C.10, subdivision 3; 9.071; 11A.18, subdivision 10; 13.99, subdivision 92c; 15.061; 15.56, subdivision 5; 17.1015; 29.021; 31.495, subdivisions 1 and 5; 32.01, subdivision 6; 60B.02; 72A.20, subdivision 29; 72C.03; 72C.04, subdivision 4; 82.34, subdivision 6; 84.025, subdivision 7; 84.0895, subdivision 2; 84.0911, subdivision 2; 85.016; 90.251, subdivision 4; 92.46, subdivision 1; 97A.115, subdivision 2; 103F.516, subdivision 2; 103G.2365; 116.03, subdivision 2; 116C.724, subdivision 2; 116C.98, subdivision 3; 116J.035, subdivision 1; 116J.402; 116J.70, subdivision 2a; 124.916, subdivision 1; 126.25, subdivision 3; 134.341; 136A.40; 144.3831, subdivision 1; 145A.07, subdivision 1; 147.01, subdivision 5; 154.161, subdivision 3; 162.09, subdivision 1; 192.261, subdivision 3; 192.501, subdivision 2; 193.36, subdivision 2; 201.15, subdivision 1; 270.69, subdivision 10; 271.21, subdivision 6; 275.066; 290.01, subdivisions 3a and 19d; 290.05, subdivision 3; 294.03, subdivision 2; 297A.25, subdivision 21; 299F.72, subdivision 1; 299L.05; 299L.07, subdivision 2a; 308A.503, subdivision 3; 317A.733, subdivisions 1 and 2; 340A.503, subdivision 1; 349.12, subdivision 25; 349.17, subdivision 6; 352.01, subdivision 2a; 354.07, subdivision 7; 360.305,


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subdivisions 1, 2, and 5; 365.125, subdivision 2; 383A.90, subdivision 2; 383D.71, subdivision 2; 462C.12, subdivision 2; 473.121, subdivision 11; 473.149, subdivision 4; 473.192, subdivision 4; 473.3993, subdivision 1; 473.405, subdivisions 1

and 12; 473.598, subdivision 4; 473.599, subdivision 8; 473.811, subdivisions 1a and 5; 473.834, subdivision 2; 474A.061, subdivision 2a; 518.551, subdivision 5; 518C.101; 524.2-210; 525.011, subdivision 1; 554.04, subdivision 2; 609.342, subdivision 1; 609.561, subdivision 3; and 609.66, subdivision 1d; Laws 1993, chapter 273, section 1, as amended; Laws 1994, chapter 628, article 2, section 5; and Laws 1994, chapter 647, article 7, section 19, subdivision 4; repealing Minnesota Statutes 1994, sections 13.99, subdivision 71; 103B.151, subdivision 3; 134.32, subdivision 2; 256B.0925; 297A.25, subdivision 50; 383B.614, subdivision 5; 469.110, subdivision 9; 469.170, subdivision 9; 611A.032; 624.01; and 624.03; Laws 1986, First Special Session chapter 1, article 9, section 18; First Special Session chapter 2, article 3, section 1; Laws 1987, chapter 254, section 8; Laws 1988, chapter 486, section 59; Laws 1990, chapter 562, article 10, section 1; Laws 1993, chapter 146, article 5, section 15; Laws 1994, chapter 485, section 14; chapter 647, article 1, section 4; article 8, section 46, paragraph (b); article 13, sections 3 and 14.

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

The report was adopted.

SECOND READING OF SENATE BILLS

S. F. Nos. 255, 621, 734, 801, 1173, 1279 and 1543 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Lourey introduced:

H. F. No. 1896, A bill for an act relating to public finance; reducing school district levies; increasing state aid for transportation and general education programs; modifying the individual income tax; amending Minnesota Statutes 1994, sections 124.225, subdivisions 7b and 7d; 124A.22, subdivision 2; 124A.23, subdivision 1; 290.06, subdivisions 2c and 2d; and 290.091, subdivisions 1, 2, and 6.

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

Munger; Johnson, R.; Hausman; Boudreau and Jennings introduced:

H. F. No. 1897, A bill for an act relating to forests; creating a program to restore the white pine; amending Minnesota Statutes 1994, section 89.37, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 89.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Kahn, Jefferson, Tomassoni and Rest introduced:

H. F. No. 1898, A bill for an act relating to economic development; directing the commissioner of finance to negotiate for the purchase of an interest in a National Hockey League franchise; appropriating money for that purchase.

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


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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 amendment the concurrence of the House is respectfully requested:

H. F. No. 1256, A bill for an act relating to energy; adopting federal energy standards for air conditioners, certain gas-burning equipment, lamps, showerheads, and faucets; amending Minnesota Statutes 1994, section 216C.19, subdivisions 13, 14, 16, and 19.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Kelley moved that the House concur in the Senate amendments to H. F. No. 1256 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1256, A bill for an act relating to energy; adopting energy standards for air conditioners, certain gas-burning equipment, lamps, motors, showerheads, and faucets; amending Minnesota Statutes 1994, section 216C.19, subdivisions 13, 14, 16, 17, and 19.

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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Koppendrayer Onnen        Stanek
Anderson, B. Garcia       Kraus        Opatz        Sviggum
Bakk         Girard       Krinkie      Orenstein    Swenson, D.
Bertram      Goodno       Larsen       Orfield      Swenson, H.
Bettermann   Greenfield   Leighton     Osskopp      Sykora
Boudreau     Greiling     Lieder       Osthoff      Tomassoni
Bradley      Haas         Lindner      Ostrom       Tompkins
Broecker     Hackbarth    Long         Otremba      Trimble
Brown        Harder       Lourey       Ozment       Tuma
Carlson      Hasskamp     Luther       Paulsen      Tunheim
Carruthers   Hausman      Lynch        Pawlenty     Van Dellen
Clark        Holsten      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Pelowski     Vickerman
Cooper       Jaros        Mares        Perlt        Wagenius
Daggett      Jefferson    Mariani      Peterson     Warkentin
Dauner       Jennings     Marko        Pugh         Weaver
Davids       Johnson, A.  McCollum     Rest         Wejcman
Dawkins      Johnson, R.  McElroy      Rhodes       Wenzel
Dehler       Johnson, V.  McGuire      Rostberg     Winter
Delmont      Kahn         Milbert      Rukavina     Wolf
Dempsey      Kalis        Molnau       Schumacher   Worke
Dorn         Kelley       Mulder       Seagren      Workman
Entenza      Kelso        Munger       Simoneau     Sp.Anderson,I
Erhardt      Kinkel       Murphy       Skoglund     
Farrell      Knight       Ness         Smith        
Finseth      Knoblach     Olson, E.    Solberg      
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 House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 1678, A bill for an act relating to drainage; allowing an outlet fee to be charged for use of an established drainage system in Red Lake county as an outlet for drainage originating in Polk county.

Patrick E. Flahaven, Secretary of the Senate


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CONCURRENCE AND REPASSAGE

Finseth moved that the House concur in the Senate amendments to

H. F. No. 1678 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1678, A bill for an act relating to drainage; allowing an outlet fee to be charged for use of an established drainage system in Red Lake county as an outlet for drainage originating in Polk county.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Koppendrayer Olson, E.    Smith
Anderson, B. Garcia       Kraus        Olson, M.    Solberg
Bakk         Girard       Krinkie      Onnen        Stanek
Bertram      Goodno       Larsen       Opatz        Sviggum
Bettermann   Greenfield   Leighton     Orenstein    Swenson, D.
Boudreau     Greiling     Leppik       Orfield      Swenson, H.
Bradley      Haas         Lieder       Osskopp      Sykora
Broecker     Hackbarth    Lindner      Osthoff      Tomassoni
Brown        Harder       Long         Ostrom       Tompkins
Carlson      Hasskamp     Lourey       Otremba      Trimble
Carruthers   Hausman      Luther       Ozment       Tuma
Clark        Holsten      Lynch        Paulsen      Tunheim
Commers      Huntley      Macklin      Pawlenty     Van Dellen
Cooper       Jaros        Mahon        Pellow       Van Engen
Daggett      Jefferson    Mares        Pelowski     Vickerman
Dauner       Jennings     Mariani      Perlt        Wagenius
Davids       Johnson, A.  Marko        Peterson     Warkentin
Dawkins      Johnson, R.  McCollum     Pugh         Weaver
Dehler       Johnson, V.  McElroy      Rest         Wejcman
Delmont      Kahn         McGuire      Rhodes       Wenzel
Dempsey      Kalis        Milbert      Rostberg     Winter
Dorn         Kelley       Molnau       Rukavina     Wolf
Entenza      Kelso        Mulder       Schumacher   Worke
Erhardt      Kinkel       Munger       Seagren      Workman
Farrell      Knight       Murphy       Simoneau     Sp.Anderson,I
Finseth      Knoblach     Ness         Skoglund     
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 House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 980, A bill for an act relating to crime; clarifying language relating to controlled substance and certain other crimes; making it manslaughter in the first degree to cause the death of a child by malicious punishment under certain circumstances; making it manslaughter in the second degree to cause the death of a child by endangerment under certain circumstances; providing that a motor vehicle is subject to forfeiture if it was used to flee a peace officer in violation of law; imposing a fine for the crime of terroristic threats; providing procedures for prosecuting attorneys to follow when filing complaints against owners whose buildings are alleged nuisances; authorizing the court to issue orders of abatement that close buildings for two years or more when the buildings are declared to be nuisances a second time; providing penalties; amending Minnesota Statutes 1994, sections 152.021, subdivision 3; 152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025, subdivision 3; 401.02, subdivision 4; 609.10; 609.125; 609.185; 609.20; 609.205; 609.323, subdivisions 2, 3, and by adding a subdivision; 609.498, subdivision 1; 609.52, subdivision 1; 609.5312, by adding a subdivision; 609.582, subdivision 1; 609.713, subdivisions 1 and 2; 617.80, subdivisions 2, 4, 5, 8, and by adding a subdivision; 617.81, subdivisions 1, 2, and by adding a subdivision; 617.82; 617.83; 617.84; 617.85; 617.87; 626.13; proposing coding for new law in Minnesota Statutes, chapter 617; repealing Minnesota Statutes 1994, section 617.81, subdivisions 2a and 3.

Patrick E. Flahaven, Secretary of the Senate


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Skoglund moved that the House refuse to concur in the Senate amendments to H. F. No. 980, that the Speaker appoint a Conference Committee of 3 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. 1700, A bill for an act relating to the organization and operation of state government; appropriating money for the judicial branch, public safety, public defense, corrections, and for other criminal justice agencies and purposes; making changes to various criminal laws and penalties; modifying juvenile justice provisions; amending Minnesota Statutes 1994, sections 2.722, subdivision 1; 3.732, subdivision 1; 16A.285; 43A.18, by adding a subdivision; 120.101, subdivision 1; 120.14; 120.17, subdivisions 5a, 6, and 7; 120.181; 120.73, by adding a subdivision; 124.18, by adding a subdivision; 124.32, subdivision 6; 125.05, by adding a subdivision; 125.09, subdivision 1; 127.20; 127.27, subdivision 10; 145A.05, subdivision 7a; 152.18, subdivision 1; 171.04, subdivision 1; 171.29, subdivision 2; 176.192; 179A.03, subdivision 7; 242.31, subdivision 1; 243.166; 243.23, subdivision 3; 243.51, subdivisions 1 and 3; 243.88, by adding a subdivision; 260.015, subdivision 21; 260.115, subdivision 1; 260.125; 260.126, subdivision 5; 260.131, subdivision 4, and by adding a subdivision; 260.132, subdivisions 1, 4, and by adding a subdivision; 260.155, subdivisions 2 and 4; 260.161, subdivision 3; 260.181, subdivision 4; 260.185, subdivision 6, and by adding subdivisions; 260.191, subdivision 1; 260.193, subdivision 4; 260.195, subdivision 3, and by adding a subdivision; 260.215, subdivision 1; 260.291, subdivision 1; 271.06, subdivision 4; 299A.33, subdivision 3; 299A.35, subdivision 1; 299A.51, subdivision 2; 299C.065, subdivisions 1a, 3, and 3a; 299C.10, subdivision 1, and by adding a subdivision; 299C.62, subdivision 4; 357.021, subdivision 2; 364.09; 388.24, subdivision 4; 401.065, subdivision 3a; 401.10; 466.03, by adding a subdivision; 480.30; 481.01; 494.03; 518.165, by adding subdivisions; 518B.01, subdivisions 2, 4, 8, 14, and by adding a subdivision; 609.055, subdivision 2; 609.101, subdivisions 1, 2, and 3; 609.115, by adding a subdivision; 609.135, by adding a subdivision; 609.1352, subdivisions 1, 3, and 5; 609.152, subdivision 1; 609.19; 609.3451, subdivision 1; 609.485, subdivisions 2 and 4; 609.605, subdivision 4; 609.746, subdivision 1; 609.748, subdivision 3a; 609.749, subdivision 5; 611.27, subdivision 4; 611A.01; 611A.04, subdivision 1; 611A.19, subdivision 1; 611A.31, subdivision 2; 611A.53, subdivision 2; 611A.71, subdivision 7; 611A.73, subdivision 3; 611A.74; 617.23; 624.22; 624.712, subdivision 5; 626.841; 626.843, subdivision 1; 626.861, subdivisions 1 and 4; 628.26; 629.341, subdivision 1; 629.715, subdivision 1; 629.72, subdivisions 1, 2, and 6; 641.14; and 641.15, subdivision 2; Laws 1993, chapter 255, sections 1, subdivisions 1 and 4; and 2; and Laws 1994, chapter 643, section 79, subdivisions 1, 2, and 4; proposing coding for new law in Minnesota Statutes, chapters 8; 16B; 120; 127; 243; 244; 257; 260; 299A; 299C; 299F; 401; 504; 563; 609; 611A; 626; and 629; proposing coding for new law as Minnesota Statutes, chapter 260A; repealing Minnesota Statutes 1994, sections 121.166; 126.25; and 611A.61, subdivision 3; Laws 1994, chapter 576, section 1.

Patrick E. Flahaven, Secretary of the Senate

Murphy moved that the House refuse to concur in the Senate amendments to H. F. No. 1700, 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 Senate Files, herewith transmitted:

S. F. Nos. 558, 579, 1076 and 1170.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 558, A bill for an act relating to commerce; requiring inspections of, reports on, and training for tobacco retailers and employees; establishing administrative penalties; defining display allowance; prohibiting payment of


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display allowance; establishing penalties; amending Minnesota Statutes 1994, sections 325F.76, by adding a subdivision; 325F.78; and 461.12; proposing coding for new law in Minnesota Statutes, chapters 325F; and 461.

The bill was read for the first time.

Simoneau moved that S. F. No. 558 and H. F. No. 108, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 579, A bill for an act relating to commerce; regulating charitable organizations; regulating filing statement; appropriating money; amending Minnesota Statutes 1994, sections 309.501, subdivision 1; 309.52, subdivisions 2 and 7; 309.53, subdivisions 1, 2, 3, and 8; 309.531, subdivisions 1 and 4; 309.54, subdivision 1; 309.556, subdivision 1; 501B.36; 501B.37, subdivision 2, and by adding a subdivision; and 501B.38; repealing Minnesota Statutes 1994, sections 309.53, subdivision 1a.

The bill was read for the first time.

Entenza moved that S. F. No. 579 and H. F. No. 809, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1076, A bill for an act relating to energy; exempting wind energy conversion systems siting from the power plant siting act; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116C.

The bill was read for the first time.

Hausman moved that S. F. No. 1076 and H. F. No. 1014, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1170, A bill for an act relating to occupations and professions; requiring licensure or certification of geoscientists; adding geoscientists to the board of architecture, engineering, land surveying, landscape architecture, and interior design; providing for certain duties for the board; amending Minnesota Statutes 1994, sections 214.01, subdivision 3; 214.04, subdivision 3; 319A.02, subdivision 2; 326.02, subdivisions 1, 4, 4a, and by adding a subdivision; 326.03, subdivisions 1 and 4; 326.04; 326.05; 326.06; 326.07; 326.08, subdivision 2; 326.09; 326.10, subdivisions 1, 2, and 7; 326.11, subdivision 1; 326.111, subdivisions 1, 2, 3, 4, and 6; 326.12; 326.13; and 326.14.

The bill was read for the first time.

Bertram moved that S. F. No. 1170 and H. F. No. 1666, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1159

A bill for an act relating to real property; authorizing municipalities to establish trust or escrow accounts for proceeds from losses arising from fire or explosion of certain insured real property; authorizing municipalities to utilize escrowed funds to secure, repair, or demolish damaged or destroyed structures; proposing coding for new law in Minnesota Statutes, chapter 65A.

May 2, 1995

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. 1159, report that we have agreed upon the items in dispute and recommend as follows:


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That the Senate recede from its amendment

We request adoption of this report and repassage of the bill.

House Conferees: Richard H. Jefferson, Karen Clark and Jim Rostberg.

Senate Conferees: Carl W. Kroening, Carol Flynn and Roy W. Terwilliger.

Jefferson moved that the report of the Conference Committee on H. F. No. 1159 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 1159, A bill for an act relating to real property; authorizing municipalities to establish trust or escrow accounts for proceeds from losses arising from fire or explosion of certain insured real property; authorizing municipalities to utilize escrowed funds to secure, repair, or demolish damaged or destroyed structures; proposing coding for new law in Minnesota Statutes, chapter 65A.

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 2 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Koppendrayer Onnen        Solberg
Anderson, B. Garcia       Kraus        Opatz        Stanek
Bakk         Girard       Krinkie      Orenstein    Sviggum
Bertram      Goodno       Larsen       Orfield      Swenson, D.
Bettermann   Greenfield   Leighton     Osskopp      Swenson, H.
Bishop       Greiling     Leppik       Osthoff      Sykora
Boudreau     Haas         Lieder       Ostrom       Tomassoni
Bradley      Hackbarth    Long         Otremba      Tompkins
Broecker     Harder       Lourey       Ozment       Trimble
Brown        Hasskamp     Luther       Paulsen      Tuma
Carlson      Hausman      Lynch        Pawlenty     Tunheim
Carruthers   Holsten      Macklin      Pellow       Van Dellen
Clark        Huntley      Mahon        Pelowski     Van Engen
Commers      Jaros        Mares        Perlt        Vickerman
Cooper       Jefferson    Mariani      Peterson     Wagenius
Daggett      Jennings     Marko        Pugh         Warkentin
Dauner       Johnson, A.  McCollum     Rest         Weaver
Davids       Johnson, R.  McElroy      Rhodes       Wejcman
Dawkins      Johnson, V.  McGuire      Rice         Wenzel
Delmont      Kahn         Milbert      Rostberg     Winter
Dempsey      Kalis        Molnau       Rukavina     Wolf
Dorn         Kelley       Mulder       Schumacher   Worke
Entenza      Kelso        Munger       Seagren      Workman
Erhardt      Kinkel       Murphy       Simoneau     Sp.Anderson,I
Farrell      Knight       Ness         Skoglund     
Finseth      Knoblach     Olson, M.    Smith        
Those who voted in the negative were:

Dehler       Lindner                   
The bill was repassed, as amended by Conference, and its title agreed to.

SPECIAL ORDERS

S. F. No. 1404 was reported to the House.

Pugh moved to amend S. F. No. 1404 as follows:

Page 1, lines 25 and 26, delete the new language and insert "and may be invested in direct obligations of, or obligations guaranteed or insured by, the United States, its agencies, or its instrumentalities, excluding mortgage-backed securities. These funds may not be invested in obligations whose maturities exceed 90 days"


JOURNAL OF THE HOUSE - 54th Day - Top of Page 3763

Page 2, delete line 1

Page 2, lines 13 to 15, delete the new language and insert "and may be invested in direct obligations of, or obligations guaranteed or insured by, the United States, its agencies, or its instrumentalities, excluding mortgage-backed securities. These funds may not be invested in obligations whose maturities exceed 90 days"

The motion prevailed and the amendment was adopted.

S. F. No. 1404, A bill for an act relating to insurance; regulating reinsurance intermediaries; providing for the investment of funds held by reinsurance intermediaries; amending Minnesota Statutes 1994, sections 60A.715; and 60A.73, subdivision 4.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Olson, M.    Smith
Anderson, B. Frerichs     Koppendrayer Onnen        Solberg
Bakk         Garcia       Kraus        Opatz        Stanek
Bertram      Girard       Krinkie      Orenstein    Sviggum
Bettermann   Goodno       Larsen       Orfield      Swenson, D.
Bishop       Greenfield   Leighton     Osskopp      Swenson, H.
Boudreau     Greiling     Leppik       Osthoff      Sykora
Bradley      Haas         Lieder       Ostrom       Tomassoni
Broecker     Hackbarth    Lindner      Otremba      Tompkins
Brown        Harder       Long         Ozment       Trimble
Carlson      Hasskamp     Lourey       Paulsen      Tuma
Carruthers   Hausman      Luther       Pawlenty     Tunheim
Clark        Holsten      Lynch        Pellow       Van Dellen
Commers      Hugoson      Macklin      Pelowski     Van Engen
Cooper       Huntley      Mahon        Perlt        Vickerman
Daggett      Jaros        Mares        Peterson     Wagenius
Dauner       Jefferson    Mariani      Pugh         Warkentin
Davids       Jennings     Marko        Rest         Weaver
Dawkins      Johnson, A.  McElroy      Rhodes       Wejcman
Dehler       Johnson, R.  McGuire      Rice         Wenzel
Delmont      Johnson, V.  Milbert      Rostberg     Winter
Dempsey      Kahn         Molnau       Rukavina     Wolf
Dorn         Kalis        Mulder       Schumacher   Worke
Entenza      Kelley       Murphy       Seagren      Workman
Erhardt      Kinkel       Ness         Simoneau     Sp.Anderson,I
Farrell      Knight       Olson, E.    Skoglund     
The bill was passed, as amended, and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

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 immediately preceding General Orders for today:

H. F. No. 1623; S. F. Nos. 440 and 1112; H. F. Nos. 1377 and 398; S. F. No. 870; and H. F. Nos. 1808, 1473 and 1290.

SPECIAL ORDERS, Continued

H. F. No. 1623 was reported to the House.


JOURNAL OF THE HOUSE - 54th Day - Top of Page 3764

CALL OF THE HOUSE

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

Abrams       Garcia       Krinkie      Opatz        Sviggum
Anderson, B. Girard       Larsen       Orenstein    Swenson, D.
Bakk         Goodno       Leighton     Orfield      Swenson, H.
Bertram      Greenfield   Leppik       Osskopp      Sykora
Bettermann   Greiling     Lieder       Osthoff      Tomassoni
Boudreau     Haas         Lindner      Ostrom       Tompkins
Bradley      Hackbarth    Long         Otremba      Trimble
Broecker     Harder       Lourey       Ozment       Tuma
Brown        Hasskamp     Luther       Paulsen      Tunheim
Carlson      Hausman      Lynch        Pawlenty     Van Dellen
Carruthers   Holsten      Macklin      Pellow       Van Engen
Clark        Hugoson      Mahon        Pelowski     Vickerman
Commers      Huntley      Mares        Perlt        Wagenius
Cooper       Jaros        Mariani      Peterson     Warkentin
Daggett      Jefferson    Marko        Pugh         Weaver
Dauner       Jennings     McCollum     Rest         Wejcman
Davids       Johnson, A.  McElroy      Rhodes       Wenzel
Dawkins      Johnson, R.  McGuire      Rice         Winter
Dehler       Kahn         Milbert      Rostberg     Wolf
Delmont      Kalis        Molnau       Rukavina     Worke
Dempsey      Kelley       Mulder       Schumacher   Workman
Dorn         Kelso        Munger       Seagren      Sp.Anderson,I
Entenza      Kinkel       Murphy       Simoneau     
Erhardt      Knight       Ness         Skoglund     
Farrell      Knoblach     Olson, E.    Smith        
Finseth      Koppendrayer Olson, M.    Solberg      
Frerichs     Kraus        Onnen        Stanek       
Carruthers 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.

Sviggum offered an amendment to H. F. No. 1623, the second engrossment.

POINT OF ORDER

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

Sviggum appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

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

There were 68 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Bakk         Greenfield   Kinkel       Olson, E.    Schumacher
Bertram      Greiling     Leighton     Opatz        Simoneau
Brown        Hasskamp     Lieder       Orenstein    Skoglund
Carlson      Hausman      Long         Orfield      Solberg
Carruthers   Huntley      Lourey       Osthoff      Tomassoni
Clark        Jaros        Luther       Ostrom       Trimble
Cooper       Jefferson    Mahon        Otremba      Tunheim
Dauner       Jennings     Mariani      Pelowski     Wagenius
Dawkins      Johnson, A.  Marko        Perlt        Wejcman
Delmont      Johnson, R.  McCollum     Peterson     Wenzel
Dorn         Kahn         McGuire      Pugh         Winter
Entenza      Kalis        Milbert      Rest         Sp.Anderson,I
Farrell      Kelley       Munger       Rice         
Garcia       Kelso        Murphy       Rukavina     
Those who voted in the negative were:

Abrams       Frerichs     Krinkie      Osskopp      Sykora
Anderson, B. Girard       Larsen       Ozment       Tompkins
Bettermann   Goodno       Leppik       Paulsen      Tuma
Boudreau     Haas         Lindner      Pawlenty     Van Dellen
Bradley      Hackbarth    Lynch        Pellow       Van Engen
Broecker     Harder       Macklin      Rhodes       Vickerman
Commers      Holsten      Mares        Rostberg     Warkentin
Daggett      Hugoson      McElroy      Seagren      Weaver
Davids       Johnson, V.  Molnau       Smith        Wolf
Dehler       Knight       Mulder       Stanek       Worke
Dempsey      Knoblach     Ness         Sviggum      Workman 
Erhardt      Koppendrayer Olson, M.    Swenson, D.  
Finseth      Kraus        Onnen        Swenson, H.  
So it was the judgment of the House that the decision of the Speaker should stand.

Sviggum moved to amend H. F. No. 1623, the second engrossment, as follows:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1994, section 3.012, is amended to read:

3.012 [LEGISLATIVE DAY.]

A legislative day is a any day when, including the first day, after either house of the legislature is first called to order in regular or special session. A legislative day begins at seven o'clock a.m. and continues until seven o'clock a.m. of the following calendar day."

Page 1, line 20, delete "Section 1 is" and insert "Sections 1 and 2 are"

Renumber the sections

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "redefining legislative day;"

Page 1, line 4, before the period, insert "amending Minnesota Statutes 1994, section 3.012"

Wenzel moved that H. F. No. 1623 be continued on Special Orders. The motion prevailed.

S. F. No. 440 was reported to the House.

Tomassoni moved that S. F. No. 440 be temporarily laid over on Special Orders. The motion prevailed.

S. F. No. 1112 was reported to the House.

Rukavina moved to amend S. F. No. 1112 as follows:

Page 2, after line 21, insert:

"Sec. 5. [TOWN OF EMBARASS; CERTAIN POWERS.]

After March 14, 1989, the town of Embarass, for all purposes, is deemed to be a town possessing the power enumerated in Minnesota Statutes, section 368.01, which status continues until altered or terminated pursuant to law."

Renumber the remaining sections in sequence


JOURNAL OF THE HOUSE - 54th Day - Top of Page 3765

Page 2, line 23, delete "This act is" and insert "Sections 1 to 4 are"

Page 2, line 25, after the period, insert "Section 5 is effective the day after the town board of the town of Embarass complies with Minnesota Statutes, section 645.021, subdivision 3."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 1112, A bill for an act relating to local government; authorizing Sherburne county to convey certain county ditches to the city of Elk River under certain conditions.

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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Kraus        Onnen        Stanek
Anderson, B. Girard       Krinkie      Opatz        Sviggum
Bakk         Goodno       Larsen       Orenstein    Swenson, D.
Bertram      Greenfield   Leighton     Orfield      Swenson, H.
Bettermann   Greiling     Leppik       Osskopp      Sykora
Boudreau     Haas         Lieder       Osthoff      Tomassoni
Bradley      Hackbarth    Lindner      Ostrom       Tompkins
Broecker     Harder       Long         Otremba      Trimble
Brown        Hasskamp     Lourey       Ozment       Tuma
Carlson      Hausman      Luther       Paulsen      Tunheim
Carruthers   Holsten      Lynch        Pawlenty     Van Dellen
Clark        Hugoson      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Pelowski     Vickerman
Cooper       Jaros        Mares        Perlt        Wagenius
Daggett      Jefferson    Mariani      Peterson     Warkentin
Dauner       Jennings     Marko        Pugh         Weaver
Davids       Johnson, A.  McCollum     Rest         Wejcman
Dawkins      Johnson, R.  McElroy      Rhodes       Wenzel
Dehler       Johnson, V.  McGuire      Rice         Winter
Delmont      Kahn         Milbert      Rostberg     Wolf
Dempsey      Kalis        Molnau       Rukavina     Worke
Dorn         Kelley       Mulder       Schumacher   Workman
Entenza      Kelso        Munger       Seagren      Sp.Anderson,I
Erhardt      Kinkel       Murphy       Simoneau     
Farrell      Knight       Ness         Skoglund     
Finseth      Knoblach     Olson, E.    Smith        
Frerichs     Koppendrayer Olson, M.    Solberg      
The bill was passed, as amended, and its title agreed to.

CALL OF THE HOUSE LIFTED

Carruthers moved that the call of the House be suspended. The

motion prevailed and it was so ordered.

The Speaker called Kahn to the Chair.

H. F. No. 1377 was reported to the House.

Bertram moved to amend H. F. No. 1377, the first engrossment, as follows:

Page 1, line 13, delete "one" and insert "one- half"

The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 54th Day - Top of Page 3766

H. F. No. 1377, A bill for an act relating to agriculture; clarifying certain procedures for agricultural chemical response reimbursement; amending Minnesota Statutes 1994, sections 18E.02, by adding a subdivision; and 18E.04, subdivisions 2 and 4.

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

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Goodno       Leighton     Orfield      Swenson, D.
Anderson, B. Greiling     Leppik       Osskopp      Swenson, H.
Bertram      Haas         Lieder       Osthoff      Sykora
Bettermann   Hackbarth    Lindner      Ostrom       Tomassoni
Boudreau     Harder       Long         Otremba      Tompkins
Bradley      Hasskamp     Lourey       Ozment       Trimble
Broecker     Hausman      Luther       Paulsen      Tuma
Carlson      Holsten      Lynch        Pawlenty     Tunheim
Carruthers   Hugoson      Macklin      Pellow       Van Dellen
Clark        Huntley      Mahon        Pelowski     Van Engen
Commers      Jaros        Mares        Perlt        Vickerman
Cooper       Jefferson    Mariani      Peterson     Wagenius
Daggett      Jennings     Marko        Pugh         Warkentin
Dauner       Johnson, A.  McCollum     Rest         Weaver
Davids       Johnson, R.  McElroy      Rhodes       Wejcman
Dawkins      Johnson, V.  McGuire      Rice         Wenzel
Dehler       Kahn         Milbert      Rostberg     Winter
Dempsey      Kalis        Molnau       Rukavina     Wolf
Dorn         Kelley       Mulder       Schumacher   Worke
Entenza      Kinkel       Munger       Seagren      Workman
Erhardt      Knight       Murphy       Simoneau     Sp.Anderson,I
Farrell      Knoblach     Ness         Skoglund     
Finseth      Koppendrayer Olson, M.    Smith        
Frerichs     Kraus        Onnen        Solberg      
Garcia       Krinkie      Opatz        Stanek       
Girard       Larsen       Orenstein    Sviggum      
The bill was passed, as amended, and its title agreed to.

S. F. No. 440 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Winter moved to amend S. F. No. 440, the unofficial engrossment, as follows:

Pages 23 to 26, delete section 21

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 Winter amendment and the roll was called. There were 38 yeas and 92 nays as follows:

Those who voted in the affirmative were:

Bakk         Greenfield   Leighton     Orenstein    Skoglund
Carlson      Greiling     Lourey       Orfield      Trimble
Carruthers   Hausman      Mahon        Ostrom       Tunheim
Clark        Jaros        Mariani      Rest         Wagenius
Dawkins      Kahn         McCollum     Rice         Wejcman
Entenza      Kalis        McGuire      Rukavina     Winter 
Farrell      Kelley       Munger       Schumacher   
Garcia       Kelso        Murphy       Simoneau     

JOURNAL OF THE HOUSE - 54th Day - Top of Page 3767
Those who voted in the negative were:

Abrams       Finseth      Koppendrayer Onnen        Sviggum
Anderson, B. Frerichs     Kraus        Opatz        Swenson, D.
Bertram      Girard       Krinkie      Osskopp      Swenson, H.
Bettermann   Goodno       Larsen       Osthoff      Sykora
Bishop       Haas         Leppik       Otremba      Tomassoni
Boudreau     Hackbarth    Lieder       Ozment       Tompkins
Bradley      Harder       Lindner      Paulsen      Tuma
Broecker     Hasskamp     Long         Pawlenty     Van Dellen
Brown        Holsten      Luther       Pellow       Van Engen
Commers      Hugoson      Macklin      Pelowski     Vickerman
Cooper       Huntley      Mares        Perlt        Warkentin
Daggett      Jefferson    Marko        Peterson     Weaver
Dauner       Jennings     McElroy      Pugh         Wenzel
Davids       Johnson, A.  Milbert      Rhodes       Wolf
Dehler       Johnson, R.  Molnau       Rostberg     Worke
Delmont      Johnson, V.  Mulder       Seagren      Workman 
Dempsey      Kinkel       Ness         Smith        
Dorn         Knight       Olson, E.    Solberg      
Erhardt      Knoblach     Olson, M.    Stanek       
The motion did not prevail and the amendment was not adopted.

Tomassoni moved to amend S. F. No. 440, the unofficial engrossment, as follows:

Page 47, line 5, delete "1996" and insert "1997"

The motion prevailed and the amendment was adopted.

Tompkins moved to amend S. F. No. 440, the unofficial engrossment, as amended, as follows:

Page 34, after line 4, insert:

"Sec. 32. [62A.616] [COVERAGE FOR NURSING HOME CARE FOR TERMINALLY ILL AND OTHER SERVICES.]

An insurer may offer a health plan that covers nursing home care for the terminally ill, personal care attendants, and hospice care. For the purposes of this section, "terminally ill" means a diagnosis certified by a physician that a person has less than six months to live."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Van Dellen moved to amend S. F. No. 440, the unofficial engrossment, as amended, as follows:

Page 7, line 31, delete "150" and insert "125"

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

S. F. No. 440, A bill for an act relating to insurance; regulating coverages, notice provisions, enforcement provisions, and licensees; the comprehensive health association; increasing the lifetime benefit limit; making technical changes; providing for certain breast cancer coverage; prohibiting certain rate differentials within the same town or city; amending Minnesota Statutes 1994, sections 60A.06, subdivision 3; 60A.085; 60A.111, subdivision 2; 60A.124; 60A.23, subdivision 8; 60A.26; 60A.951, subdivisions 2 and 5; 60A.954, subdivision 1; 60K.03, subdivision 7; 60K.14, subdivision 1; 61A.03, subdivision 1; 61A.071; 61A.092, subdivisions 3 and 6; 61B.28, subdivisions 8 and 9; 62A.042; 62A.135; 62A.136; 62A.14; 62A.141; 62A.31, subdivisions 1h and 1i; 62A.46, subdivision 2, and by adding a subdivision;


JOURNAL OF THE HOUSE - 54th Day - Top of Page 3768

62A.48, subdivisions 1 and 2; 62A.50, subdivision 3; 62C.14, subdivisions 5 and 14; 62E.02, subdivision 7; 62E.12; 62F.02, subdivision 2; 62I.09, subdivision 2; 62L.02, subdivision 16; 62L.03, subdivision 5; 65A.01, by adding a subdivision; 65B.06, subdivision 3; 65B.08, subdivision 1; 65B.09, subdivision 1; 65B.10, subdivision 3; 65B.61, subdivision 1; 72A.20, subdivisions 13, 23, and by adding a subdivision; 72B.05; 79.251, subdivision 5, and by adding a subdivision; 79.34, subdivision 2; 79.35; 79A.01, by adding a subdivision; 79A.02, subdivision 4; 79A.03, by adding a subdivision; 176.181, subdivision 2; 299F.053, subdivision 2; and 515A.3-112; proposing coding for new law in Minnesota Statutes, chapters 60A; and 62A; repealing Minnesota Statutes 1994, sections 61A.072, subdivision 3; and 65B.07, subdivision 5.

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 107 yeas and 22 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Larsen       Opatz        Stanek
Anderson, B. Garcia       Leighton     Orenstein    Sviggum
Bertram      Girard       Leppik       Orfield      Swenson, D.
Bettermann   Goodno       Lieder       Osskopp      Swenson, H.
Bishop       Haas         Lindner      Ostrom       Sykora
Boudreau     Hackbarth    Long         Otremba      Tomassoni
Bradley      Harder       Lourey       Ozment       Tompkins
Broecker     Hasskamp     Luther       Paulsen      Tuma
Brown        Holsten      Lynch        Pawlenty     Tunheim
Carlson      Hugoson      Macklin      Pellow       Van Engen
Carruthers   Huntley      Mahon        Pelowski     Vickerman
Commers      Jefferson    Mares        Perlt        Warkentin
Cooper       Johnson, A.  McElroy      Peterson     Weaver
Daggett      Johnson, V.  Milbert      Pugh         Wejcman
Dauner       Kalis        Molnau       Rest         Wenzel
Davids       Kelley       Mulder       Rhodes       Wolf
Dehler       Kinkel       Munger       Rostberg     Worke
Delmont      Knight       Murphy       Schumacher   Workman
Dempsey      Knoblach     Ness         Seagren      Sp.Anderson,I
Dorn         Koppendrayer Olson, E.    Simoneau     
Erhardt      Kraus        Olson, M.    Smith        
Finseth      Krinkie      Onnen        Solberg      
Those who voted in the negative were:

Bakk         Greenfield   Kahn         Rice         Wagenius
Clark        Greiling     Mariani      Rukavina     Winter 
Dawkins      Hausman      Marko        Skoglund     
Entenza      Jaros        McCollum     Trimble      
Farrell      Johnson, R.  McGuire      Van Dellen   
The 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.

GENERAL ORDERS

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

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

REPORTS OF STANDING COMMITTEES

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 1010, A bill for an act relating to public administration; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; approving capital loans


JOURNAL OF THE HOUSE - 54th Day - Top of Page 3769

to independent school district Nos. 727, Big Lake, 362, Little Fork-Big Falls, and 36, Kelliher; authorizing issuance of bonds; reducing appropriations; reducing bond authorization; authorizing the commissioner of finance to cancel certain bond authorizations; authorizing the listing of state bonds or certificates of indebtedness on an exchange; providing for periodic review and cancellation of bond authorizations older than seven years; requiring reports of sale of certain state real property; appropriating money with certain conditions; amending Minnesota Statutes 1994, sections 16A.672, by adding a subdivision; 16B.24, by adding a subdivision; 16B.335, subdivisions 1, 2, and 5; and 446A.12, subdivision 1; Laws 1994, chapter 643, sections 21, subdivision 4; and 26, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Laws 1991, chapter 265, article 5, section 23, as amended.

Reported the same back with the following amendments:

Page 1, line 28, delete "maximum effort school loan fund" and insert "bond proceeds fund or another named fund"

Page 1, after line 33, insert:

"ADMINISTRATION 1,715,000"

Page 1, line 35, delete "23,695,000" and insert "25,410,000"

Page 2, after line 1, insert:

"Bond Proceeds Fund 1,531,000

General Fund 184,000"

Page 2, line 5, after "districts" insert "for which loans are approved in this section"

Page 2, line 7, after the period, insert "This appropriation is from the maximum effort school loan fund."

Page 2, delete lines 8 to 24 and insert:

"Subd. 2. Loan approval

The commissioner shall make capital loans to independent school district No. 36, Kelliher, in the amount of $6,900,000; independent school district No. 362, Littlefork-Big Falls, in the amount of $7,000,000; and independent school district No. 727, Big Lake, in the amount of $9,770,000. Capital loans to these districts are approved."

Page 2, line 25, delete "5" and insert "3"

Page 2, after line 36, insert:

"Sec. 3. ADMINISTRATION $1,715,000

To the commissioner of administration to predesign, design, renovate, and equip the Capitol building. Of this appropriation, $184,000 is from the general fund.

Unencumbered balances from the appropriation in Laws 1990, chapter 610, article 1, section 18, paragraph (f), may be used by the commissioner for the project in this section."

Page 2, delete lines 47 to 49

Page 3, delete lines 1 to 5

Page 3, delete lines 16 to 18


JOURNAL OF THE HOUSE - 54th Day - Top of Page 3770

Page 3, delete lines 21 and 22

Page 4, delete lines 4 to 18

Page 4, delete lines 21 and 22

Renumber the remaining paragraphs

Page 4, line 29, delete "$140,000.00" and insert "$8,052.43"

Page 6, line 12, delete "$9,007,670.82" and insert "$6,001,573.82. The remainder of the appropriation in that subdivision shall only be used at Fergus Falls"

Page 7, line 17, delete "$9,590,000" and insert "$6,585,000"

Page 12, after line 52, insert:

"Sec. 19. [APPROPRIATION TRANSFER.]

The appropriation of $3,000,000 in Laws 1994, chapter 643, section 24, subdivision 4, for a solid waste capital assistance program is transferred from the commissioner of the pollution control agency to the director of the office of environmental assistance."

Page 14, after line 16, insert:

"Sec. 22. [REVENUE DEPARTMENT FACILITY.]

Any planning or predesign for facilities for the revenue department must include an alternative which would provide for any new jobs created in the debt collection entity to be located in a county in greater Minnesota that had a population loss of five percent or more between the 1980 and 1990 census."

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Carruthers from the Committee on Rules and Legislative Administration to which was referred:

S. F. No. 526, A bill for an act relating to local government; modifying the local approval requirements for the Nashwauk area ambulance district law; amending Laws 1994, chapter 587, article 9, section 10, subdivision 6.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 1010 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 526 was read for the second time.


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MOTIONS AND RESOLUTIONS

Entenza moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 3, 1995, when the vote was taken on the second Knight amendment to H. F. No. 1077, the fifth engrossment, as amended." The motion prevailed.

Hasskamp moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 3, 1995, when the vote was taken on the Skoglund amendment to the first portion of the Otremba et al amendment to H. F. No. 1077, the fifth engrossment, as amended." The motion prevailed.

Hasskamp moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 3, 1995, when the vote was taken on the Long and Kahn amendment to the first portion of the Otremba et al amendment to H. F. No. 1077, the fifth engrossment, as amended." The motion prevailed.

Leppik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 3, 1995, when the vote was taken on the repassage of H. F. No. 1082, as amended by the Senate." The motion prevailed.

Broecker moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 3, 1995, when the vote was taken on the repassage of H. F. No. 1174, as amended by the Senate." The motion prevailed.

Hasskamp moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, May 2, 1995, when the vote was taken on the Long amendment to H. F. No. 1844." The motion prevailed.

Knoblach moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 26, 1995, when the vote was taken on the Hackbarth et al amendment to S. F. No. 106, the unofficial engrossment, as amended." The motion prevailed.

Van Engen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 3, 1995, when the vote was taken on the final passage of S. F. No. 992, as amended." The motion prevailed.

Ostrom moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, April 27, 1995, when the vote was taken on the Bradley et al amendment to S. F. No. 1536, the second unofficial engrossment, 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 affirmative on Thursday, April 27, 1995, when the vote was taken on the Krinkie and Osskopp amendment to S. F. No. 1678, the unofficial engrossment, 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 affirmative on Thursday, April 27, 1995, when the vote was taken on the final passage of S. F. No. 1678, the unofficial engrossment, as amended." The motion prevailed.

Rest moved that S. F. No. 1393 be recalled from the Committee on Taxes and together with H. F. No. 1614, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1207:

Winter, Schumacher and Daggett.


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The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1110:

Greenfield, Wejcman, Huntley, Onnen and Vickerman.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 9:30 a.m., Monday, May 8, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and Speaker pro tempore Kahn declared the House stands adjourned until 9:30 a.m., Monday, May 8, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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