JOURNAL OF THE HOUSE - 59th Day - Top of Page 4273

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

FIFTY-NINTH DAY

Saint Paul, Minnesota, Friday, May 12, 1995

Index to today's Journal

The House of Representatives convened at 9:30 a.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by the Reverend Orval Osmundson, Pastor, Good Shepherd Lutheran Church, Inver Grove Heights, 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      Mahon        Pellow       Van Engen
Commers      Huntley      Mares        Pelowski     Vickerman
Cooper       Jaros        Mariani      Peterson     Wagenius
Daggett      Jefferson    Marko        Pugh         Warkentin
Dauner       Jennings     McCollum     Rest         Weaver
Davids       Johnson, A.  McElroy      Rhodes       Wejcman
Dawkins      Johnson, R.  McGuire      Rice         Wenzel
Dehler       Johnson, V.  Milbert      Rostberg     Winter
Delmont      Kahn         Molnau       Rukavina     Wolf
Dempsey      Kalis        Mulder       Schumacher   Worke
Entenza      Kelley       Munger       Seagren      Sp.Anderson,I
Erhardt      Kinkel       Murphy       Simoneau     
Farrell      Knight       Ness         Skoglund     
Finseth      Knoblach     Olson, E.    Smith        
A quorum was present.

Anderson, R.; Macklin; Perlt and Sarna were excused.

Workman was excused until 10:10 a.m. Dorn was excused until 10:15 a.m. Kelso was excused until 10:40 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Pellow 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. 467 and H. F. No. 597, 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. 467 be substituted for H. F. No. 597 and that the House File be indefinitely postponed. The motion prevailed.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4274

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 10, 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. 617, relating to retirement; various public pension plans; providing for the suspension or forfeiture of certain survivor benefits in the event of certain felonious deaths; making various individual and small group pension accommodations; making various pension plan administrative changes; recodifying the individual retirement account plan and making various other modifications.

H. F. No. 927, relating to domestic abuse; eliminating hearing requirements in certain cases; providing for notices.

H. F. No. 1048, relating to commerce; regulating videotape distributions; requiring certain captioning for deaf or hard of hearing persons; providing penalties and remedies.

H. F. No. 1052, relating to the federal lien registration act; imposing duties on filing officers; providing for filing of notices and of certificates of discharge; designating an official index; providing for the transmission of certain information.

H. F. No. 1402, relating to motor vehicles; authorizing issuance of original license plates 20 or more years old to a registered passenger automobile; authorizing registrar to charge a fee.

H. F. No. 1003, relating to health; modifying provisions relating to X-ray operators and inspections; establishing an advisory committee.

H. F. No. 1018, relating to the environment; conforming state regulation of chlorofluorocarbons to federal law.

H. F. No. 1371, relating to commerce; securities; regulating disclosure of payment received for directing order flow.

H. F. No. 1082, relating to cooperatives; permitting certain optional voting systems for cooperatives that have other cooperatives as members.

H. F. No. 217, relating to insurance; life; regulating living benefits settlements; adopting the NAIC viatical settlements model act; prescribing powers and duties; appropriating money.

H. F. No. 1709, relating to the city of Chanhassen; authorizing certain bid specifications for playground equipment on an experimental basis.

H. F. No. 1437, relating to employment; requiring disclosure to recruited employees in the food processing industry; providing penalties.

H. F. No. 1174, relating to transportation; expanding authority of commissioner of transportation to regulate providers of special transportation service; classifying data; providing for administrative fees and penalties.

Warmest regards,

Arne H. Carlson

Governor


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4275

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 10, 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 File:

H. F. No. 751, relating to insurance; regulating trade practices; prohibiting certain insurance agent quotas.

Warmest regards,

Arne H. Carlson

Governor

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

617 141 10:17 a.m. May 10 May 10

927 142 10:18 a.m. May 10 May 10

1048 143 10:20 a.m. May 10 May 10

1052 144 10:22 a.m. May 10 May 10

1402 145 10:45 a.m. May 10 May 10

1003 146 10:41 a.m. May 10 May 10

1018 147 10:40 a.m. May 10 May 10

1371 148 10:36 a.m. May 10 May 10

1082 150 10:24 a.m. May 10 May 10

217 151 10:32 a.m. May 10 May 10

751 152 10:15 a.m. May 10 May 10

1709 153 10:30 a.m. May 10 May 10

1437 154 10:28 a.m. May 10 May 10

1174 155 10:28 a.m. May 10 May 10

752 156 10:16 a.m. May 10 May 10

Sincerely,

Joan Anderson Growe

Secretary of State


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4276

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 11, 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. 1246, relating to child care; requiring child care for school age children not operated by a school to be licensed; changing the definition of toddler and preschooler for family day care programs serving siblings; appropriating money.

H. F. No. 1256, relating to energy; adopting energy standards for air conditioners, certain gas-burning equipment, lamps, motors, showerheads, and faucets.

H. F. No. 1678, 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.

Warmest regards,

Arne H. Carlson

Governor

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

1051 149 9:40 a.m. May 11 May 11

1246 158 9:45 a.m. May 11 May 11

243 159 9:42 a.m. May 11 May 11

1256 161 9:46 a.m. May 11 May 11

1678 162 9:48 a.m. May 11 May 11

Sincerely,

Joan Anderson Growe

Secretary of State


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4277

SECOND READING OF SENATE BILLS

S. F. No. 467 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Dawkins; Skoglund; Lourey; Swenson, D., and Wejcman introduced:

H. F. No. 1911, A bill for an act relating to crime prevention; requiring screening for fetal alcohol exposure for children under the jurisdiction of juvenile court; amending Minnesota Statutes 1994, sections 260.151, by adding a subdivision; 260.185, subdivision 1; and 260.191, subdivision 1.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 5, A bill for an act relating to health and human services; authorizing welfare reform; childhood immunization; social services programs; recovery of funds; requesting federal waivers for programs; employment, education, and training programs; allocation and use of funds; coverage of health services; child support; data collection and disclosure; tax credits; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 2; 256.01, subdivision 11, and by adding subdivisions; 256.031, subdivision 3; 256.035, subdivision 6d; 256.73, subdivision 8, and by adding subdivisions; 256.736, subdivisions 3, 3a, 4a, 5, 10, 10a, 16, and by adding a subdivision; 256.737, subdivisions 1a and 2; 256.74, by adding a subdivision; 256.81; 256.87, subdivisions 1, 1a, and 5; 256.979, by adding a subdivision; 256.983, subdivision 1; 256B.0625, subdivision 13; 256D.03, subdivision 4; 256D.05, subdivisions 1 and 6; 256D.051, subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 9, 17, and by adding a subdivision; 256D.052, subdivision 3; 256D.09, subdivision 2a, and by adding subdivisions; and 518.575; proposing coding for new law in Minnesota Statutes, chapters 256; 256B; 256D; and 268; repealing Minnesota Statutes 1994, sections 256.734; 256D.051, subdivisions 10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4; 256D.065; 256D.091; 256D.101; 256D.111; and 256D.113.

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 1399, A bill for an act relating to crime; imposing penalties for assaulting a police horse while it is being used for law enforcement purposes; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4278

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. 479, A bill for an act relating to parks and recreation; additions to and deletions from state parks; establishing a new state park and deleting two state waysides; amending Minnesota Statutes 1994, section 84.054, by adding a subdivision; repealing Minnesota Statutes 1994, section 85.013, subdivisions 13 and 20.

The Senate has appointed as such committee:

Messrs. Morse, Merriam and Scheevel.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of 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. 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.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Dehler moved that the House concur in the Senate amendments to H. F. No. 1377 and that the bill be repassed as amended by the Senate. The motion prevailed.

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 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 124 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knight       Murphy       Simoneau
Anderson, B. Frerichs     Knoblach     Ness         Skoglund
Bakk         Garcia       Koppendrayer Olson, E.    Solberg
Bertram      Girard       Kraus        Olson, M.    Stanek
Bettermann   Goodno       Krinkie      Onnen        Sviggum
Bishop       Greenfield   Larsen       Opatz        Swenson, D.
Boudreau     Greiling     Leighton     Orenstein    Swenson, H.
Bradley      Haas         Leppik       Orfield      Sykora
Broecker     Hackbarth    Lieder       Osskopp      Tomassoni
Brown        Harder       Lindner      Osthoff      Tompkins
Carlson      Hasskamp     Long         Ostrom       Tuma
Carruthers   Hausman      Lourey       Otremba      Tunheim
Clark        Holsten      Luther       Ozment       Van Dellen
Commers      Hugoson      Lynch        Paulsen      Van Engen
Cooper       Huntley      Mahon        Pawlenty     Vickerman
Daggett      Jaros        Mares        Pellow       Wagenius

JOURNAL OF THE HOUSE - 59th Day - Top of Page 4279
Dauner Jefferson Mariani Pelowski Warkentin Davids Jennings Marko Peterson Weaver Dawkins Johnson, A. McCollum Pugh Wejcman Dehler Johnson, R. McElroy Rest Wenzel Delmont Johnson, V. McGuire Rhodes Winter Dempsey Kahn Milbert Rostberg Wolf Entenza Kalis Molnau Rukavina Worke Erhardt Kelley Mulder Schumacher Sp.Anderson,I Farrell Kinkel Munger Seagren
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. 1742, A bill for an act relating to health; insurance; providing for certain breast cancer coverage; proposing coding for new law in Minnesota Statutes, chapter 62A.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Long moved that the House concur in the Senate amendments to H. F. No. 1742 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1742, A bill for an act relating to health; insurance; providing for certain breast cancer coverage; proposing coding for new law in Minnesota Statutes, chapter 62A.

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 117 yeas and 9 nays as follows:

Those who voted in the affirmative were:

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

Bradley      Kraus        Mulder       Osskopp      Van Engen 
Knight       Lindner      Olson, M.    Sviggum      
The bill was repassed, as amended by the Senate, and its title agreed to.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4280

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. 1238, A bill for an act relating to waters; planning, development, review, reporting, and coordination of surface and groundwater management in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.205, by adding a subdivision; 103B.211, subdivision 1; 103B.231, subdivisions 3, 4, 6, 7, 8, 9, 11, and by adding a subdivision; 103B.235, subdivision 3; 103B.241, subdivision 1; 103B.245, subdivisions 1 and 4; 103B.251, subdivisions 3 and 7; 103B.255, subdivisions 6, 7, 8, 9, 10, and 12; 103B.311, subdivisions 4 and 6; 103B.3369, subdivisions 5 and 6; 103B.355; and 103B.611, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 103B; repealing Minnesota Statutes 1994, sections 103B.227, subdivision 6; 103B.231, subdivisions 5 and 12; and 103B.3365.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Trimble moved that the House concur in the Senate amendments to H. F. No. 1238 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1238, A bill for an act relating to waters; planning, development, review, reporting, and coordination of surface and groundwater management in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.205, by adding a subdivision; 103B.211, subdivision 1; 103B.231, subdivisions 3, 4, 6, 7, 8, 9, 11, and by adding a subdivision; 103B.235, subdivision 3; 103B.241, subdivision 1; 103B.245, subdivisions 1 and 4; 103B.251, subdivisions 3 and 7; 103B.255, subdivisions 6, 7, 8, 9, 10, and 12; 103B.311, subdivisions 4 and 6; 103B.3369, subdivisions 5 and 6; 103B.355; and 103B.611, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 103B; repealing Minnesota Statutes 1994, sections 103B.227, subdivision 6; 103B.231, subdivisions 5 and 12; and 103B.3365.

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 114 yeas and 12 nays as follows:

Those who voted in the affirmative were:

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

Anderson, B. Daggett      Knight       Olson, M.    
Bettermann   Finseth      Krinkie      Onnen        
Broecker     Girard       Mulder       Pellow       
The bill was repassed, as amended by the Senate, and its title agreed to.


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MOTION TO FIX TIME TO RECONVENE

Carruthers moved that when the House adjourns today it adjourn until 9:30 a.m., Monday, May 15, 1995. The motion prevailed.

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       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
Bishop       Haas         Lieder       Osthoff      Tomassoni
Boudreau     Hackbarth    Lindner      Ostrom       Tompkins
Bradley      Harder       Long         Otremba      Trimble
Broecker     Hasskamp     Lourey       Ozment       Tuma
Brown        Hausman      Luther       Paulsen      Tunheim
Carlson      Holsten      Lynch        Pawlenty     Van Dellen
Carruthers   Hugoson      Mahon        Pellow       Van Engen
Commers      Huntley      Mares        Pelowski     Vickerman
Cooper       Jaros        Mariani      Peterson     Wagenius
Daggett      Jefferson    Marko        Pugh         Warkentin
Dauner       Jennings     McCollum     Rest         Weaver
Davids       Johnson, A.  McElroy      Rhodes       Wejcman
Dawkins      Johnson, R.  McGuire      Rice         Wenzel
Dehler       Johnson, V.  Milbert      Rostberg     Winter
Delmont      Kahn         Molnau       Rukavina     Wolf
Dempsey      Kalis        Mulder       Schumacher   Worke
Dorn         Kelley       Munger       Seagren      Workman
Entenza      Kinkel       Murphy       Simoneau     Sp.Anderson,I
Erhardt      Knight       Ness         Skoglund     
Finseth      Knoblach     Olson, E.    Smith        
Frerichs     Koppendrayer Olson, M.    Solberg      
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.

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. 787, A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.127; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 6, 7, 9, and 12; 103G.237, subdivision 4; 103G.2372, subdivision 1; and 103G.2373; repealing Minnesota Statutes 1994, section 103G.2242, subdivision 13.

Patrick E. Flahaven, Secretary of the Senate

Munger moved that the House refuse to concur in the Senate amendments to H. F. No. 787, 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.

A roll call was requested and properly seconded.

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

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

There were 109 yeas and 18 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Kraus        Orenstein    Smith
Bakk         Goodno       Larsen       Orfield      Solberg
Bettermann   Greenfield   Leighton     Osskopp      Stanek
Bishop       Greiling     Leppik       Osthoff      Sviggum
Boudreau     Haas         Long         Ostrom       Swenson, H.
Bradley      Hackbarth    Lourey       Otremba      Sykora
Broecker     Hasskamp     Luther       Ozment       Tompkins
Carlson      Hausman      Lynch        Paulsen      Trimble
Carruthers   Holsten      Mahon        Pawlenty     Tuma
Clark        Hugoson      Mares        Pellow       Van Dellen
Commers      Huntley      Mariani      Pelowski     Vickerman
Daggett      Jaros        Marko        Peterson     Wagenius
Davids       Jefferson    McCollum     Pugh         Warkentin
Dawkins      Jennings     McElroy      Rest         Weaver
Dehler       Johnson, A.  McGuire      Rhodes       Wejcman
Delmont      Johnson, R.  Milbert      Rice         Wenzel
Dempsey      Johnson, V.  Molnau       Rostberg     Winter
Dorn         Kahn         Mulder       Rukavina     Wolf
Entenza      Kelley       Munger       Schumacher   Worke
Erhardt      Kinkel       Murphy       Seagren      Workman
Frerichs     Knoblach     Ness         Simoneau     Sp.Anderson,I

JOURNAL OF THE HOUSE - 59th Day - Top of Page 4282
Garcia Koppendrayer Opatz Skoglund
Those who voted in the negative were:

Anderson, B. Dauner       Krinkie      Olson, M.    Tunheim
Bertram      Finseth      Lieder       Onnen        Van Engen 
Brown        Harder       Lindner      Swenson, D.  
Cooper       Knight       Olson, E.    Tomassoni    
The motion prevailed.

CALL OF THE HOUSE LIFTED

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

Mr. Speaker:

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

S. F. No. 155.

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

Patrick E. Flahaven, Secretary of the Senate

CONFERENCE COMMITTEE REPORT ON S. F. NO. 155

A bill for an act relating to wild animals; authorizing poultry farmers to trap great horned owls; amending Minnesota Statutes 1994, section 97B.705.

May 1, 1995

The Honorable Allan H. Spear

President of the Senate

The Honorable Irv Anderson

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 155, report that we have agreed upon the items in dispute and recommend as follows:

That the House recede from its amendments and that S. F. No. 155 be further amended as follows:


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4283

Page 1, after line 22, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

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

Senate Conferees: LeRoy A. Stumpf, Steven Morse and Dennis R. Frederickson.

House Conferees: Jim Tunheim, Edgar Olson and Jim Girard.

Tunheim moved that the report of the Conference Committee on S. F. No. 155 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 155, A bill for an act relating to wild animals; authorizing poultry farmers to trap great horned owls; amending Minnesota Statutes 1994, section 97B.705.

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 80 yeas and 45 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Frerichs     Knoblach     Ostrom       Tuma
Bakk         Garcia       Koppendrayer Otremba      Tunheim
Bertram      Girard       Kraus        Paulsen      Van Engen
Bettermann   Goodno       Leppik       Pellow       Vickerman
Bishop       Haas         Lieder       Pelowski     Warkentin
Boudreau     Hackbarth    Lindner      Peterson     Wejcman
Bradley      Harder       Lourey       Rostberg     Wenzel
Brown        Hasskamp     Mahon        Rukavina     Winter
Commers      Hugoson      Marko        Schumacher   Wolf
Cooper       Huntley      McElroy      Seagren      Worke
Daggett      Jaros        Molnau       Smith        Workman
Dauner       Jennings     Mulder       Solberg      Sp.Anderson,I
Davids       Johnson, R.  Ness         Sviggum      
Dehler       Johnson, V.  Olson, E.    Swenson, D.  
Dempsey      Kalis        Olson, M.    Swenson, H.  
Dorn         Kinkel       Onnen        Sykora       
Finseth      Knight       Osskopp      Tompkins     
Those who voted in the negative were:

Abrams       Greiling     Lynch        Osthoff      Tomassoni
Broecker     Hausman      Mares        Ozment       Trimble
Carlson      Holsten      Mariani      Pawlenty     Van Dellen
Carruthers   Kahn         McCollum     Pugh         Wagenius
Clark        Kelley       McGuire      Rest         Weaver 
Dawkins      Krinkie      Milbert      Rhodes       
Delmont      Larsen       Murphy       Rice         
Entenza      Leighton     Opatz        Simoneau     
Erhardt      Long         Orenstein    Skoglund     
Greenfield   Luther       Orfield      Stanek       

JOURNAL OF THE HOUSE - 59th Day - Top of Page 4284

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


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4285

Mr. Speaker:

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

S. F. No. 507, A bill for an act relating to petroleum tank release cleanup program; providing for payment for a site assessment prior to tank removal; modifying reimbursement provisions; adding requirements for tank monitoring; establishing registration requirements; modifying program and liability provisions; amending Minnesota Statutes 1994, sections 88.171, subdivision 2; 115C.02, subdivision 11, and by adding a subdivision; 115C.03, subdivision 10; 115C.09, subdivisions 1, 2, 3, 3b, and 3c; 115C.11, subdivision 1; 115C.12; 115C.13; 115E.01, by adding subdivisions; 115E.04, subdivision 2; 115E.06; and 115E.061; proposing coding for new law in Minnesota Statutes, chapters 115C; and 116.

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

Messrs. Novak, Samuelson and Dille.

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

Cooper 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. 507. The motion prevailed.

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 10, A senate concurrent resolution relating to Joint Rules; adopting Permanent Joint Rules of the Senate and House of Representatives.

Patrick E. Flahaven, Secretary of the Senate

The concurrent resolution was referred to the Committee on Rules and Legislative Administration.

Mr. Speaker:

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

S. F. Nos. 339, 1052, 1019 and 529.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 339, A bill for an act relating to ethics in government; making advisory opinions public data; authorizing civil penalties; clarifying certain definitions; clarifying and authorizing exceptions to the ban on gifts; amending Minnesota Statutes 1994, sections 10A.02, subdivision 12; 10A.071, subdivisions 1, 3, and by adding a subdivision; 10A.29; 10A.34; and 471.895, subdivisions 1, 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 10A.

The bill was read for the first time.

Bishop moved that S. F. No. 339 and H. F. No. 856, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4286

S. F. No. 1052, A bill for an act relating to abuse; conforming domestic abuse definitions; including persons with certain significant relationships; allowing certain minors to petition on their own behalf for orders for protection; modifying petition requirements; providing for subsequent petitions; modifying requirements for alternate service; extending time period for certain domestic abuse arrests; recodifying and clarifying portions of the assault in the fifth degree statute which concern domestic assault; amending Minnesota Statutes 1994, sections 518B.01, subdivisions 2, 4, 8, 14, and by adding a subdivision; 609.224, subdivisions 2 and 3; 611A.31, subdivision 2; 629.341, subdivision 1; and 629.72, subdivisions 1, 2, and 6; proposing coding for new law in Minnesota Statutes, chapter 609.

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

S. F. No. 1019, A bill for an act relating to metropolitan government; establishing the metropolitan livable communities fund and providing for fund distribution; reducing the levy authority of the metropolitan mosquito control commission; providing for certain revenue sharing; regulating employee layoffs by the metropolitan mosquito control district; authorizing an economic vitality and housing initiative; amending Minnesota Statutes 1994, sections 116J.552, subdivision 2; 116J.555, subdivision 2; 116J.556; 473.167, subdivisions 2, 3, and by adding a subdivision; 473.711, subdivision 2; and 473F.08, subdivisions 3a, 5, 7a, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 1994, sections 473.704, subdivision 15; 504.33; 504.34; and 504.35.

The bill was read for the first time.

Long moved that S. F. No. 1019 and H. F. No. 1156, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 529, A bill for an act relating to public safety; requiring installation of automatic sprinkler systems in certain existing high-rise buildings; proposing coding for new law in Minnesota Statutes, chapter 299F.

The bill was read for the first time.

Johnson, R., moved that S. F. No. 529 and H. F. No. 1064, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

The following Conference Committee Reports were received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1055

A bill for an act relating to waters; eliminating the position of board of water and soil resources secretary; increasing board members' compensation; duties of advisory committees; rule approval procedure; guidelines for management plans; exemptions from review; appeals from rules, permit decisions, and orders; informal dispute resolution; assessment basis; amending Minnesota Statutes 1994, sections 103D.011, subdivision 21; 103D.101, subdivision 4; 103D.205, subdivisions 1 and 4; 103D.221, subdivision 2; 103D.255, subdivision 1; 103D.261, subdivision 1; 103D.271, subdivisions 2 and 4; 103D.305, subdivision 1; 103D.311, subdivision 4; 103D.315, subdivisions 1, 8, and 11; 103D.321, subdivision 2; 103D.331; 103D.335, subdivisions 5, 6, and 13; 103D.341, subdivision 2; 103D.351; 103D.401, subdivisions 1 and 2; 103D.405, subdivision 1; 103D.515, subdivision 4; 103D.531; 103D.535, subdivisions 1, 4, and 5; 103D.537; 103D.611, subdivisions 1, 4, and 5; 103D.621, subdivision 4; 103D.625, subdivisions 3 and 4; 103D.631, subdivision 2; 103D.635, subdivisions 1 and 3; 103D.705, subdivision 1; 103D.711, subdivision 2; 103D.715, subdivision 3; 103D.721, subdivision 2; 103D.741, subdivision 1; 103D.745, subdivisions 2 and 3; 103D.811, subdivisions 1 and 3; 103D.901, subdivisions 2, 4, and 5; 103D.905, subdivisions 3 and 5; 103D.921, subdivisions 1 and 3; and 103D.925; proposing coding for new law in Minnesota Statutes, chapter 103D.

May 5, 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. 1055, report that we have agreed upon the items in dispute and recommend as follows:


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4287

That the Senate recede from its amendment and that H. F. No. 1055 be further amended as follows:

Page 1, delete section 1

Page 8, after line 7, insert:

"Sec. 18. Minnesota Statutes 1994, section 103D.335, subdivision 11, is amended to read:

Subd. 11. [ACQUISITION OF PROPERTY.] The managers may acquire by gift, purchase, taking under the procedures of this chapter, or by the right of eminent domain, necessary real and personal property. The watershed district may acquire property outside the watershed district where necessary for a water supply system."

Page 8, after line 12, insert:

"Sec. 20. Minnesota Statutes 1994, section 103D.335, is amended by adding a subdivision to read:

Subd. 25. [WATER RESOURCE MANAGEMENT ACTIVITIES.] The managers may conduct studies and monitoring of water resources within the watershed district and implement water resource management programs."

Page 13, line 28, after "initiating" insert "a declaratory judgment action or"

Page 19, after line 14, insert:

"Sec. 45. Minnesota Statutes 1994, section 103D.715, subdivision 4, is amended to read:

Subd. 4. [BENEFITS AND DAMAGES TO STATE LAND.] For all watershed district projects, benefits and damages to property owned by the state or a state agency, held and used for the purposes described in sections 103E.025 and 103E.315, subdivision 1, must be determined as using the procedure provided in sections 103E.025 and 103E.315, subdivision 1, as they are applicable. If a state permit is required from the commissioner to construct the project, state land may not be taken, damaged, or benefited until the permit is issued."

Page 19, after line 23, insert:

"Sec. 47. Minnesota Statutes 1994, section 103D.721, subdivision 3, is amended to read:

Subd. 3. [STATE PROPERTY.] For all watershed district projects, benefits and damages to property owned by the state or a state agency that is held and used for the purposes described in sections 103E.025 and 103E.315, subdivision 1, shall be determined as using the procedure provided in sections 103E.025 and 103E.315, subdivision 1, as they are applicable. If a state permit is required from the commissioner to construct the project, state land may not be taken, damaged, or benefited until the permit is issued."

Page 24, after line 33, insert:

"Sec. 61. Minnesota Statutes 1994, section 117.011, is amended to read:

117.011 [RIGHT OF EMINENT DOMAIN.]

All bodies, public or private, who have the right of eminent domain, when exercising the right, shall do so in the manner prescribed by this chapter, even though a different procedure may be provided by charter provisions, ordinance or statute, but nothing herein shall apply to the taking of property under laws relating to drainage or to town roads when those laws themselves expressly provide for the taking and specifically prescribe the procedure. The taking of property for a project undertaken by a watershed district under chapter 103D or for a project undertaken by a drainage authority under chapter 103E may be carried out under the procedure provided by those chapters."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 8, after the second semicolon, insert "benefits or damages to state-owned land; property acquisition procedures; water resource studies and programs; eminent domain procedure;"


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4288

Page 1, line 9, delete everything after "sections"

Page 1, line 15, after "6," insert "11,"

Page 1, line 16, delete "and 13" and insert "13, and by adding a subdivision"

Page 1, line 24, delete "subdivision 3" and insert "subdivisions 3 and 4" and delete "subdivision 2" and insert "subdivisions 2 and 3"

Page 1, line 28, delete the second "and" and after "103D.925;" insert "and 117.011;"

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

House Conferees: Marvin Dauner, Edgar Olson and Tim Finseth.

Senate Conferees: Leonard R. Price, Roger D. Moe and Steve Dille.

Dauner moved that the report of the Conference Committee on H. F. No. 1055 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 1055, A bill for an act relating to waters; eliminating the position of board of water and soil resources secretary; increasing board members' compensation; duties of advisory committees; rule approval procedure; guidelines for management plans; exemptions from review; appeals from rules, permit decisions, and orders; informal dispute resolution; assessment basis; amending Minnesota Statutes 1994, sections 103D.011, subdivision 21; 103D.101, subdivision 4; 103D.205, subdivisions 1 and 4; 103D.221, subdivision 2; 103D.255, subdivision 1; 103D.261, subdivision 1; 103D.271, subdivisions 2 and 4; 103D.305, subdivision 1; 103D.311, subdivision 4; 103D.315, subdivisions 1, 8, and 11; 103D.321, subdivision 2; 103D.331; 103D.335, subdivisions 5, 6, and 13; 103D.341, subdivision 2; 103D.351; 103D.401, subdivisions 1 and 2; 103D.405, subdivision 1; 103D.515, subdivision 4; 103D.531; 103D.535, subdivisions 1, 4, and 5; 103D.537; 103D.611, subdivisions 1, 4, and 5; 103D.621, subdivision 4; 103D.625, subdivisions 3 and 4; 103D.631, subdivision 2; 103D.635, subdivisions 1 and 3; 103D.705, subdivision 1; 103D.711, subdivision 2; 103D.715, subdivision 3; 103D.721, subdivision 2; 103D.741, subdivision 1; 103D.745, subdivisions 2 and 3; 103D.811, subdivisions 1 and 3; 103D.901, subdivisions 2, 4, and 5; 103D.905, subdivisions 3 and 5; 103D.921, subdivisions 1 and 3; and 103D.925; proposing coding for new law in Minnesota Statutes, chapter 103D.

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 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knight       Olson, E.    Solberg

JOURNAL OF THE HOUSE - 59th Day - Top of Page 4289
Anderson, B. Frerichs Knoblach Olson, M. Stanek Bakk Garcia Koppendrayer Onnen Sviggum Bertram Girard Kraus Opatz Swenson, D. Bettermann Goodno Krinkie Orenstein Swenson, H. Bishop Greenfield Larsen Orfield Sykora Boudreau Greiling Leighton Osskopp Tomassoni Bradley Haas Leppik Osthoff Tompkins Broecker Hackbarth Lieder Ostrom Trimble Brown Harder Lindner Otremba Tuma Carlson Hasskamp Long Ozment Tunheim Carruthers Hausman Lourey Paulsen Van Dellen Clark Holsten Luther Pawlenty Van Engen Commers Hugoson Lynch Pellow Vickerman Cooper Huntley Mahon Pelowski Wagenius Daggett Jaros Mares Peterson Warkentin Dauner Jefferson Mariani Pugh Weaver Davids Jennings Marko Rest Wejcman Dawkins Johnson, A. McCollum Rhodes Wenzel Dehler Johnson, R. McElroy Rostberg Winter Delmont Johnson, V. McGuire Rukavina Wolf Dempsey Kahn Milbert Schumacher Worke Dorn Kalis Molnau Seagren Workman Entenza Kelley Mulder Simoneau Sp.Anderson,I Erhardt Kelso Murphy Skoglund Farrell Kinkel Ness Smith
The bill was repassed, as amended by Conference, and its title agreed to.

CONFERENCE COMMITTEE REPORT ON H. F. NO. 323

A bill for an act relating to housing; making the landlord the bill payer and customer of record on utility accounts in single-metered multiunit residential buildings; amending Minnesota Statutes 1994, section 504.185, subdivision 1, and by adding a subdivision.

May 3, 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. 323, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment.

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

House Conferees: Andy Dawkins, Loren Jennings and Tom Van Engen.

Senate Conferees: Janet B. Johnson, Ellen R. Anderson and Sheila M. Kiscaden.

Dawkins moved that the report of the Conference Committee on H. F. No. 323 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 323, A bill for an act relating to housing; making the landlord the bill payer and customer of record on utility accounts in single-metered multiunit residential buildings; amending Minnesota Statutes 1994, section 504.185, subdivision 1, and 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 124 yeas and 5 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kinkel       Olson, M.    Solberg
Anderson, B. Frerichs     Knoblach     Onnen        Stanek
Bakk         Garcia       Koppendrayer Opatz        Sviggum
Bertram      Girard       Kraus        Orenstein    Swenson, D.
Bettermann   Goodno       Larsen       Orfield      Swenson, H.
Bishop       Greenfield   Leighton     Osskopp      Sykora

JOURNAL OF THE HOUSE - 59th Day - Top of Page 4290
Boudreau Greiling Leppik Osthoff Tomassoni Bradley Haas Lieder Ostrom Tompkins Broecker Hackbarth Long Otremba Trimble Brown Harder Lourey Ozment Tuma Carlson Hasskamp Luther Pawlenty Tunheim Carruthers Hausman Lynch Pellow Van Dellen Clark Holsten Mahon Pelowski Van Engen Cooper Hugoson Mares Peterson Vickerman Daggett Huntley Marko Pugh Wagenius Dauner Jaros McCollum Rest Warkentin Davids Jefferson McElroy Rhodes Weaver Dawkins Jennings McGuire Rice Wejcman Dehler Johnson, A. Milbert Rostberg Wenzel Delmont Johnson, R. Molnau Rukavina Winter Dempsey Johnson, V. Mulder Schumacher Wolf Dorn Kahn Munger Seagren Worke Entenza Kalis Murphy Simoneau Workman Erhardt Kelley Ness Skoglund Sp.Anderson,I Farrell Kelso Olson, E. Smith
Those who voted in the negative were:

Commers      Krinkie      Paulsen      
Knight       Lindner      
The bill was repassed, as amended by Conference, 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 printed Special Orders for today:

S. F. Nos. 74, 1118, 1173, 1204, 1551, 217, 910, 258, 979 and 342.

SPECIAL ORDERS

S. F. No. 74, A bill for an act relating to legislative enactments; providing for the correction of miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature; amending Minnesota Statutes 1994, sections 84.911, subdivision 7; 86B.335, subdivision 13; 115B.42, subdivision 1; 260.185, subdivision 6; 325F.692, subdivision 3; 326.71, subdivision 4; and 340A.503, subdivision 1; Laws 1994, chapter 527, section 7.

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 2 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Olson, M.    Solberg
Anderson, B. Frerichs     Koppendrayer Onnen        Stanek
Bakk         Garcia       Kraus        Opatz        Sviggum
Bertram      Girard       Larsen       Orenstein    Swenson, D.
Bettermann   Goodno       Leighton     Orfield      Swenson, H.
Bishop       Greenfield   Leppik       Osskopp      Sykora
Boudreau     Greiling     Lieder       Osthoff      Tomassoni
Bradley      Haas         Lindner      Ostrom       Tompkins

JOURNAL OF THE HOUSE - 59th Day - Top of Page 4291
Broecker Hackbarth Long Otremba Trimble Brown Harder Lourey Ozment Tuma Carlson Hasskamp Luther Paulsen Tunheim Carruthers Hausman Lynch Pawlenty Van Dellen Clark Holsten Mahon Pellow Van Engen Commers Hugoson Mares Pelowski Vickerman Cooper Huntley Mariani Peterson Wagenius Daggett Jaros Marko Pugh Warkentin Dauner Jefferson McCollum Rest Weaver Davids Jennings McElroy Rhodes Wejcman Dawkins Johnson, A. McGuire Rice Wenzel Dehler Johnson, R. Milbert Rostberg Winter Delmont Johnson, V. Molnau Rukavina Wolf Dempsey Kahn Mulder Schumacher Worke Dorn Kalis Munger Seagren Workman Entenza Kelley Murphy Simoneau Sp.Anderson,I Erhardt Kelso Ness Skoglund Farrell Kinkel Olson, E. Smith
Those who voted in the negative were:

Knight       Krinkie                   
The bill was passed and its title agreed to.

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, 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.

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 127 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Olson, M.    Solberg
Anderson, B. Frerichs     Koppendrayer Onnen        Stanek
Bakk         Garcia       Kraus        Opatz        Sviggum
Bertram      Girard       Larsen       Orenstein    Swenson, D.
Bettermann   Goodno       Leighton     Orfield      Swenson, H.
Bishop       Greenfield   Leppik       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      Mahon        Pellow       Van Engen
Commers      Hugoson      Mares        Pelowski     Vickerman
Cooper       Huntley      Mariani      Peterson     Wagenius
Daggett      Jaros        Marko        Pugh         Warkentin
Dauner       Jefferson    McCollum     Rest         Weaver
Davids       Jennings     McElroy      Rhodes       Wejcman
Dawkins      Johnson, A.  McGuire      Rice         Wenzel
Dehler       Johnson, R.  Milbert      Rostberg     Winter

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Delmont Johnson, V. Molnau Rukavina Wolf Dempsey Kahn Mulder Schumacher Worke Dorn Kalis Munger Seagren Sp.Anderson,I Entenza Kelley Murphy Simoneau Erhardt Kelso Ness Skoglund Farrell Kinkel Olson, E. Smith
Those who voted in the negative were:

Knight       Krinkie      Workman      
The bill was passed and its title agreed to.

S. F. No. 1173 was reported to the House.

Kelley moved to amend S. F. No. 1173 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [237.231] [SALE OF LOCAL EXCHANGE SERVICE.]

Subdivision 1. [COMMISSION APPROVAL.] A Class A telephone company may not sell a local exchange service territory without receiving the prior consent of the commission. For the purposes of this section, a Class A telephone company is a telephone company which has annual revenues from regulated telecommunication operations of $100,000,000 or more, as defined by the Federal Communications Commission in Code of Federal Regulations, title 47, section 32.11, paragraphs (a)(1) and (e).

Subd. 2. [NOTICE OF INTENDED SALE.] At least 90 days prior to applying to the commission for consent to a proposed sale or acquisition of a local exchange service, the selling telephone company must provide notice to its customers in that local exchange of its intent to sell and identify the affected local exchange, and the name of the proposed buyer. The notice must be on a separate document and included in the company's monthly billings to customers. The commission must approve the form of all notices.

Subd. 3. [RESIDENT POLL.] At least 60 days prior to the hearing under subdivision 4, the telephone company proposing the sale of a local exchange service must provide each of its customers with a stamped envelope addressed to the commission and must inform the customer that the customer is encouraged to comment on the quality of service that has been provided in the local exchange service territory by the telephone company over the last 12 months.

Subd. 4. [PUBLIC HEARING.] At least 30 days prior to the commission's deliberations about a proposed sale or acquisition of a local exchange service territory, the commission must hold a public hearing at a location within the affected local exchange service territory allowing the public an opportunity to be heard and to present any concerns or comments.

Subd. 5. [REQUIREMENTS FOR CONSENT.] The commission may not give consent to a sale of a service territory unless, at a minimum, it finds all of the following:

(1) the quality of service provided by the telephone company servicing the local exchange service territory has substantially complied with all applicable quality of service standards adopted by rule by the commission for the previous calendar year;

(2) the proposed buyer is financially responsible and capable of making necessary investments to maintain quality service at levels required by rule; and

(3) the proposed buyer demonstrates that it has an adequate number of properly trained employees to maintain service at required levels.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4293

The commission shall, as a condition of its consent, require a proposed buyer to enter into binding commitments obligating the buyer to maintain minimum levels of investment and staffing needed to meet the commission's quality of service rules. These commitments are in addition to any other conditions that the commission may impose.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.

Kelley moved to amend S. F. No. 1173, as amended, as follows:

Page 2, line 34, after "effective" delete the rest of the line and insert "on December 31, 1995."

The motion prevailed and the amendment was adopted.

S. F. No. 1173, A bill for an act relating to telecommunications; regulating the sale of local exchange service territory; proposing coding for new law in Minnesota Statutes, chapter 237.

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 2 nays as follows:

Those who voted in the affirmative were:

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

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


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4294

S. F. No. 1204 was reported to the House.

Simoneau moved to amend S. F. No. 1204 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 65B.49, subdivision 5a, is amended to read:

Subd. 5a. [RENTAL VEHICLES.] (a) Every plan of reparation security insuring a natural person as named insured, covering private passenger vehicles as defined under section 65B.001, subdivision 3, and pickup trucks and vans as defined under section 168.011 must provide that all of the obligation for damage and loss of use to a rented private passenger vehicle, including pickup trucks and vans as defined under section 168.011, and rented trucks with a registered gross vehicle weight of 26,000 pounds or less would be covered by the property damage liability portion of the plan. This subdivision does not apply to plans of reparation security covering only motor vehicles registered under section 168.10, subdivision 1a, 1b, 1c, or 1d, or recreational equipment as defined under section 168.011. The obligation of the plan must not be contingent on fault or negligence. In all cases where the plan's property damage liability coverage is less than $35,000, the coverage available under the subdivision must be $35,000. Other than as described in this paragraph, nothing in this section amends or alters the provisions of the plan of reparation security as to primacy of the coverages in this section.

(b) A vehicle is rented for purposes of this subdivision if:

(1) if the rate for the use of the vehicle is determined on a weekly or daily basis. A vehicle is not rented for purposes of this subdivision if the rate for the vehicle's use is determined on a monthly or longer period.; or

(2) during the time that a vehicle is loaned as a replacement for a vehicle being serviced or repaired regardless of whether the customer is charged a fee for the use of the vehicle.

A vehicle is not rented for the purposes of this subdivision if the rate for the vehicle's use is determined on a monthly or longer period.

(c) The policy or certificate issued by the plan must inform the insured of the application of the plan to private passenger rental vehicles, including pickup trucks and vans as defined under section 168.011, and that the insured may not need to purchase additional coverage from the rental company.

(d) Where an insured has two or more vehicles covered by a plan or plans of reparation security containing the rented motor vehicle coverage required under paragraph (a), the insured may select the plan the insured wishes to collect from and that plan is entitled to a pro rata contribution from the other plan or plans based upon the property damage limits of liability. If the person renting the motor vehicle is also covered by the person's employer's insurance policy or the employer's automobile self-insurance plan, the reparation obligor under the employer's policy or self-insurance plan has primary responsibility to pay claims arising from use of the rented vehicle.

(e) A notice advising the insured of rental vehicle coverage must be given by the reparation obligor to each current insured with the first renewal notice after January 1, 1989. The notice must be approved by the commissioner of commerce. The commissioner may specify the form of the notice.

(f) When a motor vehicle is rented or leased in this state on a weekly or daily basis, there must be attached to the rental contract a separate form containing a written notice in at least 10-point bold type, if printed, or in capital letters, if typewritten, which states:

Under Minnesota law, a personal automobile insurance policy issued in Minnesota must cover the rental of this motor vehicle against damage to the vehicle and against loss of use of the vehicle. Therefore, purchase of any collision damage waiver or similar insurance affected in this rental contract is not necessary if your policy was issued in Minnesota.

No collision damage waiver or other insurance offered as part of or in conjunction with a rental of a motor vehicle may be sold unless the person renting the vehicle provides a written acknowledgment that the above consumer protection notice has been read and understood.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4295

(g) When damage to a rented vehicle is covered by a plan of reparation security as provided under paragraph (a), the rental contract must state that payment by the reparation obligor within the time limits of section 72A.201 is acceptable, and prior payment by the renter is not required.

(h) To be compensated for the loss of use of a damaged rented motor vehicle, the car rental company must prove:

(1) that had the vehicle been available, it would have been rented; and

(2) that no other vehicle was available for rental in place of the damaged vehicle.

The standard of proof set forth in this paragraph does not limit the responsibility of a reparation obligor to provide an insured with coverage for any loss of use for which the reparation obligor is otherwise responsible. A car rental company may be compensated for loss of use of a damaged rental motor vehicle only for the period when the damaged car actually would have been rented. Compensation for the loss of use of a damaged rented motor vehicle is limited to a period no longer than 14 days.

(i) Notwithstanding section 170.54, a motor vehicle lessor licensed according to section 168.27 or an owner of a rented vehicle as defined in paragraph (b) is not liable for basic economic losses or other legal damages resulting from the operation of a rented motor vehicle in an amount greater than the mandatory minimum limits of insurance liability coverage required by section 65B.49, subdivisions 1 to 3. Nothing in this paragraph exempts licensed motor vehicle lessors or owners of rented motor vehicles, as defined by paragraph (b), from the obligations of compulsory insurance through a policy of insurance as established in section 65B.48, subdivision 2, or through self-insurance as established in section 65B.48, subdivision 3; or from obligations arising from the requirements of section 72A.125 for products sold in conjunction with the rental of a motor vehicle.

Sec. 2. [EFFECTIVE DATE; APPLICATION.]

Section 1 is effective August 1, 1995. The provision relating to the determination of when a vehicle is rented applies to plans of reparation security issued or renewed on or after that date and the remainder of the act applies to causes of action arising from incidents occurring on or after that date."

The motion prevailed and the amendment was adopted.

Simoneau and McCollum moved to amend S. F. No. 1204, as amended, as follows:

Page 2, line 7, after "a" insert "monthly," and after "weekly" insert a comma

Page 2, line 16, delete "monthly or longer" and after the period, insert "longer than one month"

The motion prevailed and the amendment was adopted.

Pugh and Simoneau moved to amend S. F. No. 1204, as amended, as follows:

Page 4, delete lines 4 to 18 and insert:

"(i) (1) For purposes of this paragraph, "rented motor vehicle" means a rented vehicle described in paragraph (a), using the definition of "rented" provided in paragraph (b).

(2) Notwithstanding section 170.54, an owner of a rented motor vehicle is not vicariously liable for legal damages resulting from the operation of the rented motor vehicle in an amount greater than $100,000 because of bodily injury to one person in any one accident and, subject to the limit for one person, $300,000 because of injury to two or more persons in any one accident, and $50,000 because of injury to or destruction of property of others in any one accident, if the owner of the rented motor vehicle has in effect, at the time of the accident, a policy of insurance or self-insurance, as provided in section 65B.48, subdivision 3, covering losses up to at least the amounts set forth in this paragraph. Nothing in this paragraph alters or affects the obligations of an owner of a rented motor vehicle to comply with the requirements of compulsory insurance through a policy of insurance as provided in section 65B.48,


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4296

subdivision 2, or through self-insurance as provided in section 65B.48, subdivision 3; or with the obligations arising from section 72A.125 for products sold in conjunction with the rental of a motor vehicle. Nothing in this paragraph alters or affects liability, other than vicarious liability, of an owner of a rented motor vehicle.

(3) The dollar amounts stated in this paragraph shall be adjusted for inflation based upon the consumer price index for all urban consumers, known as the CPI-U, published by the United States Bureau of Labor Statistics. The dollar amounts stated in this paragraph are based upon the value of that index for July, 1995, which is the reference base index for purposes of this paragraph. The dollar amounts in this paragraph shall change effective January 1 of each odd-numbered year based upon the percentage difference between the index for July of the preceding year and the reference base index, calculated to the nearest whole percentage point. The commissioner shall announce and publish, on or before September 30 of the preceding year, the changes in the dollar amounts required by this paragraph to take effect on January 1 of each odd-numbered year. The commissioner shall use the most recent revision of the July index available as of September 1. Changes in the dollar amounts must be in increments of $5,000, and no change shall be made in a dollar amount until the change in the index requires at least a $5,000 change. If the United States Bureau of Labor Statistics changes the base year upon which the CPI-U is based, the commissioner shall make the calculations necessary to convert from the old base year to the new base year. If the CPI-U is discontinued, the commissioner shall use the available index that is most similar to the CPI-U."

Amend the title as follows:

Page 1, line 6, after "of" insert "vicarious"

The motion prevailed and the amendment was adopted.

S. F. No. 1204, A bill for an act relating to insurance; no-fault auto; regulating rental vehicle coverages; determining when a vehicle is rented; modifying the right to compensation for loss of use of a damaged rented motor vehicle; providing for limits of liability for motor vehicle lessors; amending Minnesota Statutes 1994, section 65B.49, subdivision 5a.

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 124 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

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


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4297

S. F. No. 1551, A bill for an act relating to agricultural economics; providing loans and incentives for agricultural energy resources development for family farms and cooperatives; amending Minnesota Statutes 1994, sections 41B.02, subdivision 19; 41B.046, subdivision 1, and by adding a subdivision; and 216C.41, subdivisions 1, 2, 3, and 4.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Knight                    
The bill was passed and its title agreed to.

S. F. No. 217 was reported to the House.

Entenza moved that S. F. No. 217 be continued on Special Orders. The motion prevailed.

S. F. No. 910 was reported to the House.

Lynch and Jennings moved to amend S. F. No. 910 as follows:

Page 3, line 9, before "In" insert "(a)"

Page 3, after line 26, insert:

"(b) The department may establish an advisory board to advise the department in carrying out the duties specified in this section and to advise the department of public service in carrying out its duties under section 237.54. If so established, the advisory board must include, at a minimum, the following communication-impaired persons:

(1) at least one member who is deaf;

(2) at least one member who is speech impaired;


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4298

(3) at least one member who is mobility impaired; and

(4) at least one member who is hard-of-hearing. The membership terms, compensation, and removal of members and the filling of membership vacancies are governed by section 15.059. Advisory board meetings shall be held at the discretion of the commissioner."

Page 4, line 17, after the second comma, insert "advisory" and reinstate the stricken language

Page 4, line 18, reinstate the stricken language

The motion prevailed and the amendment was adopted.

S. F. No. 910, A bill for an act relating to telecommunications; eliminating the telecommunication access for communication-impaired persons board; creating telecommunication access duties for the departments of public service and human services; specifying the membership of regional service for deaf and hard of hearing advisory committees; amending Minnesota Statutes 1994, sections 237.50, subdivision 4; 237.51, subdivisions 1, 5, and by adding a subdivision; 237.52, subdivisions 2, 4, and 5; 237.53, subdivisions 1, 3, 5, and 7; 237.54, subdivision 2; 237.55; and 256C.24, subdivision 3; repealing Minnesota Statutes 1994, sections 237.50, subdivision 2; 237.51, subdivisions 2, 3, 4, and 6; and 237.54, subdivision 1.

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

S. F. No. 258 was reported to the House.

Kelley moved that S. F. No. 258 be continued on Special Orders. The motion prevailed.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4299

S. F. No. 979 was reported to the House.

Rest and McElroy moved to amend S. F. No. 979, the unofficial engrossment, as follows:

Page 8, after line 1, insert:

"Sec. 9. [SOUND ABATEMENT STUDY.]

The commissioner of transportation shall, to the extent of available funding, study sound abatement standards and measures including the ability of our current programs to protect citizens. The commissioner shall report to the legislature by February 1, 1997, on the sound abatement study."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 979, A bill for an act relating to motor carriers; regulating hazardous material transporters; requiring fingerprints of motor carrier managers for criminal background checks; making technical changes related to calculating proportional mileage under the international registration plan; specifying violations that may result in suspension or revocation of permit; making technical changes relating to hazardous waste transporter licenses; providing for disposition of fees collected for hazardous material registration, licensing, and permitting; amending Minnesota Statutes 1994, section 221.0355, subdivisions 3, 5, 6, 12, 15, and by adding a subdivision.

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 122 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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

Broecker     Krinkie      Pellow       Workman 
Knight       Osskopp      Sviggum      
The bill was passed, as amended, and its title agreed to.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4300

S. F. No. 342, A bill for an act relating to children; modifying liability provisions for child abuse investigations; providing for attorney fees in certain actions; providing for the establishment of protocols for investigations; prohibiting certain conflicts of interest; providing for access to data regarding determinations of maltreatment; amending Minnesota Statutes 1994, section 626.556, subdivisions 4, 5, 10, 10b, 10e, 10f, and by adding a subdivision.

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 0 nays as follows:

Those who voted in the affirmative were:

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

MOTIONS AND RESOLUTIONS

Bishop moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, May 11, 1995, when the vote was taken on the repassage of H. F. No. 446, as amended by the Senate." 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 Thursday, May 11, 1995, when the vote was taken on the appeal of the decision of the Chair relating to the Peterson point of order on the Pellow amendment to S. F. No. 507, the unofficial engrossment." 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. 2:

Johnson, A.; Peterson and Molnau.


JOURNAL OF THE HOUSE - 59th Day - Top of Page 4301

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 628:

Bishop, Pugh and Skoglund.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 507:

Cooper, Wenzel and Kraus.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 992:

Lourey, Jennings and Vickerman.

The Speaker announced the following change in membership of the Conference Committee on H. F. No. 603:

Delete the name of Rest and add the name of Orenstein.

ADJOURNMENT

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Monday, May 15, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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