In obedience to the Proclamation of the Honorable Arne H. Carlson, Governor of the State of Minnesota, summoning the two Houses of the Legislature to meet in Special Session, the members of the House of Representatives assembled in the Chamber of the House of Representatives at the Capitol in Saint Paul on Monday, the twentieth day of April 1998, at 8:00 a.m.

Whereas, The Eightieth Legislature adjourned without enacting legislation to clarify that it is the public policy and intent of the State of Minnesota to allow recovery for fraud pursuant to Minnesota Statutes, Section 604.10; and

Whereas, The Eightieth Legislature adjourned without enacting certain and limited legislation pertaining to Economic Development, and Early Childhood and Family Education; and

Whereas, The time permitted by law for passage of such legislation during the 1998 Session for the Legislature has expired, and an extraordinary occasion is thereby created; and

Whereas, the people of Minnesota are best served by a prompt conclusion of legislative business, and a majority of the elected leaders of the Legislature have agreed on the aforementioned limited agenda of laws to be enacted, and procedures to complete a special session;

Now, Therefore, I, Arne H. Carlson, Governor of the State of Minnesota, do hereby summon you, members of the Legislature, to convene in Special Session on April 20, 1998, at 8:00 a.m. at the Capitol in Saint Paul, Minnesota.

In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this twentieth day of April in the year one thousand nine hundred and ninety-eight, and of the State the one hundred thirty-ninth.

Joan Anderson Growe Arne H. Carlson

Secretary of State Governor

At the hour of 8:00 a.m. and pursuant to the Proclamation of the Governor and pursuant to Minnesota Statutes 1996, Section 3.073, the Honorable Phil Carruthers, Speaker of the House, called the House of Representatives to order.

Prayer was offered by the Reverend Ronald A. Smith, House Chaplain.

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

The roll was called and the following members were present:

A quorum was present.

Bettermann, Commers, Kraus and Luther were excused.

Pursuant to Minnesota Statutes 1996, Section 3.073, the Speaker declared the House of Representatives organized for the 1998 Special Session.

Winter moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is now duly organized pursuant to law for this Special Session. The motion prevailed.

The following House Files were introduced:

Trimble, Kinkel and Clark, K., introduced:

H. F. No. 1, A bill for an act relating to the operation of state government; appropriating money for economic development, housing, family and early childhood, and related programs; modifying community action program provisions; modifying various programs and projects; providing for a grant limit exception; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 115C.09, by adding a subdivision; 268.52, subdivisions 1 and 2; 268.54, subdivision 2; 383B.79, subdivision 1, and by adding a subdivision; and 469.303; Minnesota Statutes 1997 Supplement, sections 115C.09, subdivision 3f; 116J.421, subdivision 1, and by adding a subdivision; 179A.03, subdivision 7; and 268.53, subdivision 5; Laws 1997, chapter 162, article 4, section 63, subdivision 2.

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

Tunheim, Carruthers, Bishop and Winter introduced:

H. F. No. 2, A bill for an act relating to civil actions; clarifying the effect of the economic loss statute on actions based upon fraud or intentional misrepresentation; amending Minnesota Statutes 1996, section 604.10.

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

Long, Jaros and Rukavina introduced:

H. F. No. 3, A bill for an act relating to appropriations; appropriating money for the community rehabilitation program.

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

The following House Advisory was introduced:

Clark, K.; Wagenius; Biernat; Skoglund and Mullery introduced:

H. A. No. 1, A proposal to study certain constitutional and civil rights.

The advisory was referred to the Committee on Judiciary.

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

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

The House reconvened and was called to order by the Speaker.

Knight and Ness were excused for the remainder of today's session.

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

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

The following House Files were introduced:

Bakk introduced:

H. F. No. 4, A bill for an act relating to natural resources; modifying interference with taking of wild animal provision; regulating entry into migratory waterfowl refuges; providing fees for certain hunting guides; licensing moose hunting guides; providing for the acquisition of critical aquatic habitat; modifying commercial netting provisions; prohibiting the use of

underwater video equipment to take fish; exempting archery bows used for bowfishing from casing requirement; prohibiting the taking of white bears; permitting the commissioner to take catfish in certain waters; modifying minnow retailer provisions; modifying turtle license provisions; requiring the commissioner of natural resources to study lifetime hunting and fishing licenses; requiring the commissioner of natural resources to study the modification of species restrictions on shooting preserves; requiring the commissioner of natural resources to study the effect of cormorants on the fish population in this state; authorizing the public sale of certain tax-forfeited land that borders public water in Mower county; authorizing the sale of certain school trust land bordering public waters in St. Louis county; modifying private sale of tax-forfeited land provisions for Carlton county; authorizing the private sale of certain lands in Aitkin county; authorizing the sale of certain tax-forfeited land in Douglas county; authorizing the private sale of certain tax-forfeited peat land in St. Louis county; designating certain lands as a waterfowl refuge; amending Minnesota Statutes 1996, sections 86A.04; 97A.037, subdivision 1; 97A.095, subdivision 1; 97B.051; 97B.411; 97C.041; 97C.325; 97C.501, subdivision 1; and 97C.605, subdivisions 1 and 2; Minnesota Statutes 1997 Supplement, sections 97A.475, subdivisions 16 and 30; and 97C.501, subdivision 2; Laws 1997, chapter 207, section 7; proposing coding for new law in Minnesota Statutes, chapters 97B; and 97C.

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

Slawik and Rest introduced:

H. F. No. 5, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a new article XV, and by renumbering certain sections; dedicating the swamp land fund and proceeds derived from certain swamp lands to a permanent children's endowment fund; maximizing the long-term total return to the fund; requiring an advisory task force to evaluate funding sources and propose a governance structure for the endowment; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Smith and Olson, M., introduced:

H. F. No. 6, A bill for an act relating to education; providing for a tax exemption for post-secondary educational savings; amending Minnesota Statutes 1997 Supplement, section 290.01, subdivisions 19a and 19b.

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

The following messages were received from the Senate:

Mr. Speaker:

This is to notify you that the Senate is now duly organized for the 1998 Special Session pursuant to the Minnesota Constitution and Minnesota Statutes.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 2, 1, 8 and 6.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

This is to notify you that the Senate is about to adjourn the 1998 Special Session sine die.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2, A bill for an act relating to the operation of state government; creating the Minnesota family assets for independence pilot project; appropriating money for economic development, housing, family and early childhood, and related programs; modifying community action program provisions; modifying various programs and projects; providing for a grant limit exception; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 115C.09, by adding a subdivision; 268.52, subdivisions 1 and 2; 268.54, subdivision 2; 383B.79, subdivision 1, and by adding a subdivision; and 469.303; Minnesota Statutes 1997 Supplement, sections 115C.09, subdivision 3f; 116J.421, subdivision 1, and by adding a subdivision; 179A.03, subdivision 7; and 268.53, subdivision 5; Laws 1997, chapters 162, article 4, section 63, subdivision 2; 248, section 47, subdivision 1.

The bill was read for the first time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Trimble moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2 be given its second and third readings and be placed upon its final passage.

A roll call was requested and properly seconded.

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

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

There were 70 yeas and 56 nays as follows:

Those who voted in the affirmative were:

Those who voted in the negative were:

Not having received the constitutionally required two-thirds vote, the motion did not prevail.

S. F. No. 2 was referred to the Committee on Ways and Means.

S. F. No. 1, A bill for an act relating to civil actions; clarifying the effect of the economic loss statute on actions based upon fraud or intentional misrepresentation; amending Minnesota Statutes 1996, section 604.10.

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

S. F. No. 8, A bill for an act relating to legislative enactments; correcting miscellaneous noncontroversial oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending 1998 H. F. No. 2874, article 1, sections 44, subdivision 2; and 52; article 4, section 16; and article 5, section 54, subdivisions 4 and 6; 1998 H. F. No. 3840, article 8, section 48; article 12, sections 7, subdivision 2; and 9, subdivision 4; article 15, section 22; 1998 H. F. No. 3843, sections 2, subdivision 8; 5, subdivision 3; 7, subdivisions 9 and 33, 15, subdivision 5; 23, subdivision 4; and 25, subdivision 9; 1998 S. F. No. 2407, section 31; 1998 S. F. No. 3346, article 1, section 2, subdivision 3; article 3, section 23; and article 6, section 119; Minnesota Statutes 1996, sections 124A.22, subdivision 14, as amended; and 124A.29, subdivision 1, as amended; Minnesota Statutes 1997 Supplement, sections 124A.28, subdivision 1a, as amended; 297A.25, subdivision 11, as amended; and 626.556, subdivision 10f, as amended.

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

S. F. No. 6, A bill for an act relating to natural resources; allowing grant-in-aid funds to be used on snowmobile trails in Voyageurs National Park; modifying interference with taking of wild animal provision; regulating entry into migratory waterfowl refuges; providing fees for certain hunting guides; licensing moose hunting guides; providing for the acquisition of critical aquatic habitat; modifying commercial netting provisions; prohibiting the use of underwater video equipment to take fish; exempting archery bows used for bowfishing from casing requirement; prohibiting the taking of white bears; permitting the commissioner to take catfish in certain waters; modifying minnow retailer provisions; modifying turtle license provisions; requiring the commissioner of natural resources to study lifetime hunting and fishing licenses; requiring the commissioner of natural resources to study the modification of species restrictions on shooting preserves; requiring the commissioner of natural resources to study the effect of cormorants on the fish population in this state; authorizing the public sale of certain tax-forfeited land that borders public water in Mower county; authorizing the sale of certain school trust land bordering public waters in St. Louis county; modifying private sale of tax-forfeited land provisions for Carlton county; authorizing the private sale of certain lands in Aitkin county; authorizing the sale of certain tax-forfeited land in Douglas county; authorizing the private sale of certain tax-forfeited peat land in St. Louis county; designating certain lands as a waterfowl refuge; requiring a certain level of walleye fingerlings to be stocked in 1998; requiring hearings on walleye stocking; amending Minnesota Statutes 1996, sections 84.83, subdivision 3; 86A.04; 97A.037, subdivision 1; 97A.095, subdivision 1; 97B.051; 97B.411; 97C.041; 97C.325; 97C.501, subdivision 1; and 97C.605, subdivisions 1 and 2; Minnesota Statutes 1997 Supplement, sections 97A.475, subdivisions 16 and 30; and 97C.501, subdivision 2; Laws 1997, chapter 207, section 7; proposing coding for new law in Minnesota Statutes, chapters 97B; and 97C.

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

Tunheim moved that the name of Skoglund be added as an author on H. F. No. 2. The motion prevailed.

Pursuant to Article IV, Section 11, of the Minnesota Constitution, we the undersigned members of the Minnesota House of Representatives register our protest and dissent regarding the following actions:

On Thursday, April 9, 1998, a motion was made by Representative Solberg to reconsider the action whereby the Conference Committee report on S. F. No. 3353 had not been adopted. Representative Abrams rose to a point of order under Rule 3.04. That rule provides that the motion to reconsider is in order "provided that such motion is made either on the same day the vote was taken or within the following two days of actual session of the House." Five days had passed between the time the motion to adopt the Conference Report was defeated and the motion to reconsider. Representative Opatz was in the Chair and ruled that the Point of Order was not well taken. We the undersigned believe that the ruling was clearly and blatantly in conflict with the rules of the House and is injurious to the public interest. Therefore, we the undersigned request that this Protest and Dissent be duly entered into the Journal of the Minnesota House of Representatives.

Signed:

Dan McElroy Mike Osskopp Kevin Goodno

Peggy Leppik Phil Krinkie Arlon W. Lindner

Jim Knoblach Doug Reuter Jim Rostberg

Barb Sykora Bud Nornes Howard Swenson

Ron Erhardt Steven B. Dehler James T. Clark

Carol Molnau Ken Wolf Douglas D. Stang

Ron Abrams Bruce D. Anderson Erik Paulsen

Jerry Dempsey William Kuisle Tony Kielkucki

Francis A. Bradley Bill Macklin Michelle Rifenberg

R. W. Stanek Bob Gunther Steve Smith

Kathy Tingelstad Mark Olson Henry Van Dellen

Torrey Westrom T. Workman Mark Holsten

Elaine Harder Charlie Weaver Roxann Daggett

William Haas Sondra Erickson Alice Seagren

Lynda Boudreau Steve Sviggum Eileen Tompkins

Sherry Broeker Richard Mulder Ray Vandeveer

Dennis Ozment

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, April 21, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, April 21, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives