Journal of the House - 101st Day - Monday, March 30, 1998

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8673

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

ONE HUNDRED-FIRST DAY

Saint Paul, Minnesota, Monday, March 30, 1998

The House of Representatives convened at 9:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend Kathryn Hoff Rothman, Our Redeemer's Lutheran Church, Benson, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The Speaker called Opatz to the Chair.

The roll was called and the following members were present:

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

A quorum was present.

Clark, J.; Johnson, R.; Knight; Luther; Marko and Tuma were excused.

Jefferson was excused until 10:20 a.m.

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

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8674
PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 25, 1998

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 2814, relating to health; establishing a minimum definition of durable medical equipment; requiring disclosure of covered medical equipment and supplies.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

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 1998 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
908		331	9:30 a.m. March 25	March 25
2252		332	9:35 a.m. March 25	March 25
154		333	9:40 a.m. March 25	March 25
	2814	334	9:48 a.m. March 25	March 25
Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8675
2550		335	9:45 a.m. March 25	March 25
330		336	9:45 a.m. March 25	March 25
2493		337	9:50 a.m. March 25	March 25

Sincerely,

Joan Anderson Growe
Secretary of State

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

McCollum; Tuma; Leppik; Johnson, R., and Pugh introduced:

H. F. No. 3859, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; providing for equality of rights under the law for men and women.

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

Tunheim, Mares, Murphy, Ness and Hasskamp introduced:

H. F. No. 3860, A bill for an act relating to natural resources; creating wilderness areas.

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

Olson, E.; Huntley; Finseth; Lieder and Trimble introduced:

H. F. No. 3861, A bill for an act relating to natural resources; creating wilderness areas.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3332, A bill for an act relating to adoption; modifying conditions for open adoption agreements; amending Minnesota Statutes 1997 Supplement, section 259.58.

Patrick E. Flahaven, Secretary of the Senate

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8676

CONCURRENCE AND REPASSAGE

Skoglund moved that the House concur in the Senate amendments to H. F. No. 3332 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3332, A bill for an act relating to adoption; changing provisions in the fathers' adopted registry; modifying conditions for open adoption agreements; amending Minnesota Statutes 1997 Supplement, section 259.58.

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 113 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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 amendments the concurrence of the House is respectfully requested:

H. F. No. 2277, A bill for an act relating to fair campaign practices; requiring written permission of an organization before campaign material can state that the organization supports a certain candidate or ballot question; amending Minnesota Statutes 1996, section 211B.02.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Tunheim moved that the House concur in the Senate amendments to H. F. No. 2277 and that the bill be repassed as amended by the Senate.

A roll call was requested and properly seconded.

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8677

The question was taken on the Tunheim motion and the roll was called. There were 66 yeas and 59 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion prevailed.

LAY ON THE TABLE

Tunheim moved that H. F. No. 2277, as amended by the Senate, be laid on the table. The motion prevailed and H. F. No. 2277, as amended by the Senate, was laid on the table.

The Speaker resumed the Chair.

SPECIAL ORDERS

S. F. No. 1074 was reported to the House.

Rukavina moved to amend S. F. No. 1074 as follows:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1996, section 179.12, is amended to read:

179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.]

(a) It is an unfair labor practice for an employer:

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8678

(1) To institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the agreement, or to violate the terms and conditions of the bargaining agreement;

(2) To institute a lockout of its employees in violation of section 179.06 or 179.07;

(3) To encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization representing the employees as a bargaining agent, as provided by section 179.16;

(4) To discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;

(5) To spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;

(6) To distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;

(7) To engage or contract for the services of a person who is an employee of another if the employee is paid a wage that is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the same grade or classification;

(8) Willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state;

(9) To grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor organization authorized by a representative of employees; or

(10) To refuse to provide a representative of a labor organization with an equal amount of time to meet with employees during working hours to respond to information presented by the employer in meetings during working hours, if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive representative in collective bargaining with the employer.

(b) The violation of paragraph (a), clauses (2), (4), (5), (6), (7), (8), and (9), are unlawful acts."

Page 1, after line 25, insert:

"Sec. 3. Minnesota Statutes 1996, section 179A.07, is amended by adding a subdivision to read:

Subd. 3a. [EQUAL TIME.] A public employer has an obligation to provide a representative of a labor organization an equal amount of time to meet with employees during working hours to respond to information presented by the employer in meetings during working hours, if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive representative in collective bargaining with the employer.

Sec. 4. Minnesota Statutes 1996, section 179A.13, subdivision 2, is amended to read:

Subd. 2. [EMPLOYERS.] Public employers, their agents and representatives are prohibited from:

(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed in sections 179A.01 to 179A.25;

(2) dominating or interfering with the formation, existence, or administration of any employee organization or contributing other support to it;

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8679

(3) discriminating in regard to hire or tenure to encourage or discourage membership in an employee organization;

(4) discharging or otherwise discriminating against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under sections 179A.01 to 179A.25;

(5) refusing to meet and negotiate in good faith with the exclusive representative of its employees in an appropriate unit;

(6) refusing to comply with grievance procedures contained in an agreement;

(7) distributing or circulating a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing blacklisted individuals from obtaining or retaining employment;

(8) violating rules established by the commissioner regulating the conduct of representation elections;

(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;

(10) violating or refusing to comply with any lawful order or decision issued by the commissioner;

(11) refusing to provide, upon the request of the exclusive representative, all information pertaining to the public employer's budget both present and proposed, revenues, and other financing information provided that in the executive branch of state government this clause may not be considered contrary to the budgetary requirements of sections 16A.10 and 16A.11; or

(12) granting or offering to grant the status of permanent replacement employee to a person for performing bargaining unit work for the employer during a lockout of employees in an employee organization or during a strike authorized by an employee organization that is an exclusive representative; or

(13) refusing to provide a representative of a labor organization an equal amount of time to meet with employees during working hours to respond to information presented by the employer in meetings during working hours, if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive representative in collective bargaining with the employer.

Sec. 5. [EFFECTIVE DATE.]

Sections 1, 3, and 4 are effective January 1, 1999."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

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

Abrams requested a division of the Rukavina amendment to S. F. No. 1074.

The first portion of the Rukavina amendment to S. F. No. 1074 reads as follows:

Page 1, after line 6, insert:

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8680

"Section 1. Minnesota Statutes 1996, section 179.12, is amended to read:

179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.]

(a) It is an unfair labor practice for an employer:

(2) To institute a lockout of its employees in violation of section 179.06 or 179.07;

(4) To discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;

(5) To spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;

(8) Willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state;

(b) The violation of paragraph (a), clauses (2), (4), (5), (6), (7), (8), and (9), are unlawful acts."

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective January 1, 1999."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8681

The question was taken on the first portion of the Rukavina amendment and the roll was called. There were 60 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Erhardt	Knoblach	Mulder	Rifenberg	Van Dellen
Anderson, B.	Erickson	Kraus	Ness	Rostberg	Vandeveer
Bettermann	Finseth	Krinkie	Nornes	Schumacher	Weaver
Bishop	Goodno	Kubly	Olson, M.	Seagren	Westfall
Bradley	Gunther	Kuisle	Opatz	Seifert	Westrom
Broecker	Haas	Larsen	Osskopp	Stanek	Wolf
Commers	Harder	Leppik	Paulsen	Stang	Workman
Daggett	Holsten	Lindner	Pawlenty	Sviggum
Davids	Jennings	Macklin	Pelowski	Swenson, H.
Dehler	Juhnke	Mares	Pugh	Sykora
Dempsey	Kelso	McElroy	Reuter	Tingelstad
Dorn	Kielkucki	Molnau	Rhodes	Tompkins

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

Rukavina withdrew the second portion of the Rukavina amendment to S. F. No. 1074.

S. F. No. 1074, A bill for an act relating to public employees; providing that public safety dispatchers are essential employees; amending Minnesota Statutes 1996, section 179A.03, subdivision 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 77 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kielkucki	Mulder	Peterson	Sviggum
Anderson, B.	Erickson	Kinkel	Mullery	Pugh	Swenson, H.
Bettermann	Finseth	Knoblach	Ness	Reuter	Sykora
Bishop	Goodno	Kraus	Nornes	Rhodes	Tingelstad
Boudreau	Gunther	Kubly	Olson, E.	Rifenberg	Van Dellen
Bradley	Haas	Larsen	Olson, M.	Rostberg	Vandeveer
Broecker	Harder	Leighton	Opatz	Schumacher	Weaver
Commers	Holsten	Leppik	Osskopp	Seagren	Wenzel
Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8682
Daggett	Jefferson	Lieder	Otremba, M.	Seifert	Westfall
Davids	Jennings	Lindner	Ozment	Sekhon	Westrom
Dehler	Juhnke	Macklin	Paulsen	Skoglund	Wolf
Dempsey	Kalis	Mares	Pawlenty	Stanek	Workman
Dorn	Kelso	Molnau	Pelowski	Stang

Those who voted in the negative were:

Anderson, I.	Farrell	Jaros	McCollum	Rest	Tunheim
Bakk	Folliard	Johnson, A.	McElroy	Rukavina	Wagenius
Biernat	Garcia	Kahn	McGuire	Skare	Wejcman
Carlson	Greenfield	Koskinen	Milbert	Slawik	Winter
Chaudhary	Greiling	Krinkie	Munger	Smith	Spk. Carruthers
Clark, K.	Hasskamp	Kuisle	Murphy	Solberg
Dawkins	Hausman	Long	Orfield	Tomassoni
Entenza	Hilty	Mahon	Osthoff	Tompkins
Evans	Huntley	Mariani	Paymar	Trimble

The bill was passed and its title agreed to.

Goodno was excused between the hours of 11:00 a.m. and 12:45 p.m.

H. F. No. 3654 was reported to the House.

Jennings moved to amend H. F. No. 3654, the third engrossment, as follows:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 216C.051, subdivision 2, is amended to read:

Subd. 2. [ESTABLISHMENT.] (a) There is established a legislative electric energy task force to study future electric energy sources and costs and to make recommendations for legislation for an environmentally and economically sustainable and advantageous electric energy supply.

(b) The task force consists of:

(1) ten members of the house of representatives including the chairs of the environment and natural resources and regulated industries and energy committees and ~~six~~ eight members to be appointed by the speaker of the house, four of whom must be from the minority caucus;

(2) ten members of the senate including the chairs of the environment and natural resources and jobs, energy, and community development committees and ~~six~~ eight members to be appointed by the subcommittee on committees, four of whom must be from the minority caucus.

(c) The task force may employ staff, contract for consulting services, and may reimburse the expenses of persons requested to assist it in its duties other than state employees or employees of electric utilities. The director of the legislative coordinating commission shall assist the task force in administrative matters. The task force shall elect cochairs, one member of the house and one member of the senate from among the committee chairs named to the committee. The task force members from the house shall elect the house cochair, and the task force members from the senate shall elect the senate cochair."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8683

Abrams moved to amend H. F. No. 3654, the third engrossment, as amended, as follows:

Page 7, after line 8, insert:

"Sec. 2. [REPEALER.]

Minnesota Statutes 1997 Supplement, section 216C.051, subdivision 6, is repealed.

Sec. 3. [EFFECTIVE DATE.]

Section 2 is effective the day following final enactment."

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 Abrams amendment and the roll was called. There were 48 yeas and 77 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Kraus	Molnau	Pawlenty	Sviggum
Anderson, B.	Dempsey	Kuisle	Mulder	Reuter	Swenson, H.
Bettermann	Erhardt	Larsen	Nornes	Rhodes	Sykora
Boudreau	Finseth	Leppik	Olson, E.	Rifenberg	Tingelstad
Bradley	Haas	Lindner	Olson, M.	Seagren	Tompkins
Broecker	Harder	Macklin	Osskopp	Seifert	Van Dellen
Commers	Kielkucki	Mahon	Osthoff	Stanek	Weaver
Daggett	Knoblach	McElroy	Paulsen	Stang	Westfall

Those who voted in the negative were:

Anderson, I.	Farrell	Johnson, A.	Mariani	Pelowski	Tomassoni
Bakk	Folliard	Juhnke	McCollum	Peterson	Trimble
Biernat	Garcia	Kahn	McGuire	Pugh	Tunheim
Carlson	Greenfield	Kalis	Milbert	Rest	Vandeveer
Chaudhary	Gunther	Kelso	Mullery	Rostberg	Wagenius
Clark, K.	Hasskamp	Kinkel	Munger	Rukavina	Wejcman
Davids	Hausman	Koskinen	Murphy	Schumacher	Wenzel
Dawkins	Hilty	Krinkie	Ness	Sekhon	Westrom
Delmont	Holsten	Kubly	Opatz	Skare	Winter
Dorn	Huntley	Leighton	Orfield	Skoglund	Wolf
Entenza	Jaros	Lieder	Otremba, M.	Slawik	Workman
Erickson	Jefferson	Long	Ozment	Smith	Spk. Carruthers
Evans	Jennings	Mares	Paymar	Solberg

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

Jennings moved to amend H. F. No. 3654, the third engrossment, as amended, as follows:

Page 7, after line 8, insert:

"Subd. 12. [COST ALLOCATION.] (a) The legislative electric energy task force may require all parties participating in activities under this section to pay the expenses reasonably attributable to each party's participation. Upon request by the cochairs of the task force and upon approval of the legislative coordinating commission, the public utilities commission shall

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8684

render a bill for those expenses ascertained by the task force to the parties participating in the activities. The public utilities commission is authorized to submit billings to parties at intervals selected by the commission during the course of these activities. The total amount assessed pursuant to this subdivision shall not exceed $300,000. The amount assessed under this section is appropriated to the director of the legislative coordinating commission for the activities of the legislative electric energy task force pursuant to this section.

(b) Except as otherwise provided in paragraph (c) for purposes of assessing the cost of an activity to a party, "party" means any entity or group subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, and whether natural, corporate, or political, such as a business or commercial enterprise organized as any type or combination of corporation, limited liability company, partnership, limited liability partnership, proprietorship, association, cooperative, joint venture, carrier, or utility, and any successor or assignee of any of them.

(c) For assessment and billing purposes, "party" does not include the department of public service, the public utilities commission, the residential and small business utilities division of the office of the attorney general, or any type or combination of political subdivision; any entity or group instituted primarily for the purpose of mutual help and not conducted for profit; intervenors awarded compensation under Minnesota Statutes 1996, section 216B.16, subdivision 10; or any individual or group or counsel for the individual or group representing the interests of end users or classes of end users of electric services."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Jennings amendment and the roll was called. There were 12 yeas and 112 nays as follows:

Those who voted in the affirmative were:

Dawkins	Hausman	Jennings	Olson, M.	Trimble	Wolf
Entenza	Holsten	McElroy	Sykora	Wagenius	Workman

Those who voted in the negative were:

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

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

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8685

H. F. No. 3654, A bill for an act relating to utilities; requiring comprehensive study of electric industry restructuring; proposing coding for new law in Minnesota Statutes, chapter 216C.

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 117 yeas and 9 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Kraus	Mahon	Olson, M.	Otremba, M.
Anderson, I.	Krinkie	Olson, E.	Osthoff

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

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Winter from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

S. F. Nos. 535 and 3084.

SPECIAL ORDERS, Continued

S. F. No. 535 was reported to the House.

Evans moved to amend S. F. No. 535, the unofficial engrossment, as follows:

Page 3, after line 21, insert:

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8686

"Sec. 3. Minnesota Statutes 1996, section 473.621, subdivision 6, is amended to read:

Subd. 6. [CAPITAL PROJECTS; REVIEW.] All Minneapolis-St. Paul International Airport capital projects of the commission requiring the expenditure of more than $5,000,000 shall be submitted to the metropolitan council for review. All other capital projects of the commission requiring the expenditure of more than $2,000,000 shall be submitted to the metropolitan council for review. No such project ~~which~~ that has a significant effect on the orderly and economic development of the metropolitan area may be commenced without the approval of the metropolitan council. In addition to any other criteria applied by the metropolitan council in reviewing a proposed project, the council shall not approve a proposed project unless the council finds that the commission has completed a process intended to provide affected municipalities the opportunity for discussion and public participation in the commission's decision making process. An "affected municipality" is any municipality that (1) is adjacent to a commission airport, (2) is within the noise zone of a commission airport, as defined in the metropolitan development guide, or (3) has notified the commission's secretary that it considers itself an "affected municipality." The council must at a minimum determine that the commission:

(a) provided adequate and timely notice of the proposed project to each affected municipality;

(b) provided to each affected municipality a complete description of the proposed project;

(c) provided to each affected municipality notices, agendas, and meeting minutes of all commission meetings, including advisory committee meetings, at which the proposed project was to be discussed or voted on in order to provide the municipalities the opportunity to solicit public comment and participate in the project development on an ongoing basis; and

(d) considered the comments of each affected municipality."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

POINT OF ORDER

Abrams raised a point of order pursuant to rule 3.09 that the Evans amendment was not in order.

The Speaker, pursuant to section 245 of "Mason's Manual of Legislative Procedure," submitted the following question to the House: "Is it the judgment of the House that the Abrams point of order is well taken?"

A roll call was requested and properly seconded.

The question was taken on the Abrams point of order and the roll was called. There were 55 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8687

Those who voted in the negative were:

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

So it was the judgment of the House that the Abrams point of order was not well taken and the Evans amendment in order.

The question recurred on the Evans amendment to S. F. No. 535, the unofficial engrossment. The motion prevailed and the amendment was adopted.

S. F. No. 535, A bill for an act relating to the metropolitan council; providing for service redesign and employee compensation for exceeding redesign plan goals; establishing a pilot project for greater efficiency in the provision of metropolitan council services; proposing coding for new law in Minnesota Statutes, chapter 473.

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 82 yeas and 43 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Greenfield	Kalis	McCollum	Paymar	Solberg
Bakk	Greiling	Kelso	McElroy	Pelowski	Swenson, H.
Biernat	Gunther	Kinkel	McGuire	Peterson	Tomassoni
Broecker	Haas	Koskinen	Milbert	Pugh	Trimble
Carlson	Hasskamp	Kubly	Mullery	Rest	Tunheim
Chaudhary	Hausman	Kuisle	Munger	Rhodes	Vandeveer
Clark, K.	Hilty	Larsen	Murphy	Rostberg	Wagenius
Dawkins	Huntley	Leighton	Olson, E.	Rukavina	Wejcman
Dorn	Jaros	Leppik	Opatz	Schumacher	Wenzel
Entenza	Jefferson	Lieder	Orfield	Seagren	Westrom
Evans	Jennings	Long	Osskopp	Sekhon	Winter
Farrell	Johnson, A.	Mahon	Otremba, M.	Skare	Spk. Carruthers
Folliard	Juhnke	Mares	Ozment	Skoglund
Garcia	Kahn	Mariani	Paulsen	Slawik

Those who voted in the negative were:

Abrams	Davids	Kielkucki	Ness	Stanek	Westfall
Anderson, B.	Dehler	Knoblach	Nornes	Stang	Wolf
Bettermann	Dempsey	Kraus	Olson, M.	Sviggum	Workman
Bishop	Erhardt	Krinkie	Osthoff	Sykora
Boudreau	Erickson	Lindner	Pawlenty	Tingelstad
Bradley	Finseth	Macklin	Reuter	Tompkins
Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8688
Commers	Harder	Molnau	Rifenberg	Van Dellen
Daggett	Holsten	Mulder	Seifert	Weaver

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

S. F. No. 3084, A bill for an act relating to reemployment insurance; providing additional benefits for certain individuals on layoff from a certain employer; providing an exemption from certain requirements.

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 74 yeas and 52 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Davids	Knoblach	Molnau	Rifenberg	Van Dellen
Anderson, B.	Erhardt	Kraus	Mulder	Seagren	Vandeveer
Bettermann	Erickson	Krinkie	Ness	Seifert	Weaver
Bishop	Finseth	Kuisle	Nornes	Stanek	Westfall
Boudreau	Gunther	Larsen	Olson, M.	Stang	Westrom
Bradley	Haas	Leppik	Paulsen	Sviggum	Wolf
Broecker	Harder	Lindner	Pawlenty	Swenson, H.	Workman
Commers	Holsten	Macklin	Reuter	Sykora
Daggett	Kielkucki	McElroy	Rhodes	Tingelstad