Journal of the House - 4th Day - Top of Page 39

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

FOURTH DAY

Saint Paul, Minnesota, Thursday, January 16, 1997

 

The House of Representatives convened at 11:30 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Most Reverend Harry J. Flynn, Archbishop of the Archdiocese of St. Paul and Minneapolis.

The roll was called and the following members were present:

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

A quorum was present.

Knight, Milbert, Molnau and Tompkins were excused.

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

Representative Richard H. Jefferson from District 58B rose to a point of personal privilege in honor of the memory of the late Dr. Martin Luther King, Jr.


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REPORTS OF STANDING COMMITTEES

Carlson from the Committee on Education to which was referred:

H. F. No. 1, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 5, A bill for an act relating to crime; clarifying the elements of the harassment and stalking crime; amending Minnesota Statutes 1996, section 609.749, subdivisions 1, 2, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 609.749, subdivision 1, is amended to read:

Subdivision 1. [DEFINITION.] As used in this section, "harass" means to engage in intentional conduct in a manner that which:

(1) the actor knows or should know would cause a reasonable person the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated; and

(2) causes this reaction on the part of the victim.

Sec. 2. Minnesota Statutes 1996, section 609.749, is amended by adding a subdivision to read:

Subd. 1a. [NO PROOF OF SPECIFIC INTENT REQUIRED.] In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, clause (4), that the actor intended to cause any other result.

Sec. 3. Minnesota Statutes 1996, section 609.749, subdivision 2, is amended to read:

Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(2) stalks, follows, or pursues another;

(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;


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(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly uses the mail mails or delivers or causes the delivery of letters, telegrams, messages, packages, or other objects; or

(7) engages in any other harassing conduct that interferes with another person or intrudes on the person's privacy or liberty.

(b) The conduct described in paragraph (a), clauses (4) and (5) may be prosecuted either at the place where the any call is either made or where it is received. The conduct described in paragraph (a), clause (6) may be prosecuted either where the mail is deposited or where it is any letter, telegram, message, package, or other object is either sent or received.

Sec. 4. Minnesota Statutes 1996, section 609.749, subdivision 5, is amended to read:

Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who engages in a pattern of harassing conduct with respect to a single victim or one or more members of a single household in a manner that which the actor knows or should know would cause a reasonable person the victim under the circumstances to feel terrorized or to fear bodily harm and that which does cause this reaction on the part of the victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

(b) For purposes of this subdivision, a "pattern of harassing conduct" means two or more acts within a five-year period that violate the provisions of any of the following:

(1) this section;

(2) section 609.713;

(3) section 609.224;

(4) section 609.2242;

(5) section 518B.01, subdivision 14;

(6) section 609.748, subdivision 6;

(7) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7);

(8) section 609.79;

(9) section 609.795;

(10) section 609.582; or

(11) section 609.595; or

(12) section 609.765.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 4 are effective the day following final enactment, and apply to crimes committed on or after that date."

Delete the title and insert:

"A bill for an act relating to crime; clarifying the elements of the harassment and stalking crime; amending Minnesota Statutes 1996, section 609.749, subdivisions 1, 2, 5, and by adding a subdivision."

With the recommendation that when so amended the bill pass.

The report was adopted.


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Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 13, 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 1996, sections 84.035, subdivision 5; 103G.005, subdivision 14a; 103G.2243; 119A.31, subdivision 1; 124A.22, subdivision 13; 256B.431, subdivision 25; 256B.501, subdivision 5d; 366.125; 394.235; and 462.353, subdivision 5; and Laws 1996, chapter 408, article 2, section 8.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 35, 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 1996, sections 3.873, subdivisions 5 and 7; 9.041, subdivision 2; 10A.323; 13.99, subdivision 38b; 14.62, subdivision 3; 15.0591, subdivision 2; 15.441, subdivision 1; 15.471, subdivision 1; 16A.276; 16A.672, subdivisions 2 and 5; 17.138, subdivision 2; 17.451, subdivision 1; 18.023, subdivision 3; 18B.33, subdivision 1; 18C.121, subdivision 1; 18C.575, subdivision 1; 18E.03, subdivision 4; 19.51, subdivision 1; 25.31; 25.32; 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41; 25.42; 25.43; 25.47, subdivision 2; 27.13; 27.14; 27.19; 27.20; 31.874; 32.078; 32.481, subdivision 1; 32.532; 32.71, subdivision 1; 41.53, subdivision 2; 41A.09, subdivision 4; 45.027, subdivision 1; 60A.15; 62N.05, subdivision 1; 62N.24; 65A.16; 65A.17; 65A.18; 65A.19; 65A.22; 65A.23; 65A.24; 84.027, subdivision 13; 92.46, subdivision 1; 103I.341, subdivision 1; 103I.535, subdivision 9; 115A.10; 115A.11, subdivision 1b; 115A.12; 115A.9651, subdivision 1; 115B.20, subdivisions 1 and 2; 115B.39, subdivision 2; 115B.412, subdivision 5; 115B.42, subdivision 2; 116.07, subdivisions 4b and 10; 116C.91, subdivision 1; 116J.75, subdivision 1; 119A.04, subdivision 5; 119A.13, subdivisions 3 and 4; 119A.26, subdivision 2; 119B.17, subdivision 3; 120.062, subdivision 12; 120.075, subdivision 5; 120.0751, subdivision 6; 120.0752, subdivision 4; 121.15, subdivision 1; 121.1601, subdivision 3; 121.912, subdivision 1; 124.155, subdivision 2; 124.248, subdivision 3; 124.2725, subdivision 11; 124.3201, subdivisions 1 and 2b; 124.321, subdivisions 1 and 2; 124.322, subdivisions 1a and 5; 124.323, subdivision 1; 124.574, subdivision 7; 124.91, subdivision 1; 124.918, subdivision 8; 124A.036, subdivision 5; 124A.225, subdivision 2; 124A.26, subdivision 1; 124A.711, subdivision 2; 124C.60, subdivisions 1 and 3; 126.22, subdivision 7; 126.51, subdivision 1; 126.72, subdivision 2; 136A.172; 136A.173; 136A.174; 136A.175; 136A.176; 136A.177; 136A.178; 136D.94; 144.056; 144.062; 144.092; 144A.073, subdivision 3; 144A.33, subdivision 5; 144A.53, subdivision 1; 144A.54, subdivisions 1 and 2; 145.894; 147A.13, subdivision 1; 148.235, subdivision 4; 148B.23, subdivision 3; 148C.11, subdivision 3; 152.02, subdivision 13; 152.21, subdivision 3; 153A.19, subdivision 2; 161.10; 161.1419, subdivision 7; 168.129, subdivision 1; 169.145; 176.081, subdivision 1; 176.108; 176.1351, subdivisions 5 and 6; 176.1812, subdivision 7; 176.83, subdivision 5; 179A.03, subdivisions 7 and 14; 179A.06, subdivision 2; 179A.09, subdivision 3; 181.14; 181.15; 181.16; 182.676; 183.57, subdivision 2; 192.551; 197.133; 197.447; 214.01, subdivision 2; 214.07, subdivision 1; 214.13, subdivision 5; 216C.35; 223.19; 237.70, subdivision 7; 237.711; 241.01, subdivision 3a; 242.56, subdivision 3; 244.09, subdivisions 7 and 13; 244.13, subdivision 3; 244.17, subdivision 2; 245.462, subdivision 16; 245.4881, subdivision 2; 245.4886, subdivision 2; 245.62, subdivisions 2 and 4; 245.69, subdivision 2; 245.697, subdivisions 2 and 3; 246.06; 246.64, subdivision 3; 252.035; 252.275, subdivision 6; 252.291, subdivisions 3 and 5; 252.40; 252.41, subdivision 1; 252.43; 252.46, subdivision 1; 252.50, subdivision 6; 254A.16, subdivision 2; 256.01, subdivision 2; 256.016; 256.736, subdivisions 3a and 7; 256.7365, subdivision 7; 256.82, subdivision 4; 256.9742, subdivision 1; 256B.04, subdivision 2; 256B.092, subdivision 6; 256B.49, subdivision 2; 256D.03, subdivision 7; 256D.04; 256E.04, subdivision 1; 256F.04, subdivision 3; 257.072, subdivision 5; 257.0755, subdivision 1; 257.0768, subdivision 1; 257.0769; 257.41; 259.71, subdivision 5; 260.152, subdivisions 2, 3, and 6; 260.161, subdivision 3; 260.181, subdivision 3a; 268.0122, subdivision 5; 268.0124; 268.03; 268.15, subdivision 3; 268.361, subdivision 1; 268.90, subdivision 3; 270A.09, subdivision 3; 272.12; 273.1398, subdivision 1; 279.01, subdivision 3; 280.05; 280.28, subdivision 2; 280.33; 280.35; 281.16; 281.32; 282.07; 284.04; 290.091, subdivision 6; 290.171; 297A.259; 299C.11; 299F.051, subdivision 3; 299F.46, subdivision 1; 299L.02, subdivision 1; 325F.84, subdivision 1; 326.2421, subdivision 2; 327A.08; 345.48, subdivision 1; 349.19, subdivision 2a; 353.64, subdivision 2; 353C.02; 354.66, subdivision 4; 360.013, subdivision 20; 360.015, subdivision 17; 363.05, subdivision 1; 383A.43, subdivision 6; 383B.78, subdivision 3; 383D.35;


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390.35; 412.191, subdivision 1; 412.581; 412.631; 422A.01, subdivision 18; 427.02; 435.27; 458.40; 458A.08; 462A.03, subdivision 10; 462A.07, subdivision 7; 463.01; 465.15; 465.20; 466.03, subdivision 6d; 469.078, subdivision 1; 469.141, subdivision 3; 469.173, subdivision 7; 469.183, subdivision 4; 471.9981, subdivision 1; 473.1623, subdivisions 3, 4, and 5; 473.206; 473.208; 473.3994, subdivision 9; 473.598, subdivision 3; 473.638, subdivision 2; 473.859, subdivision 2; 475.51, subdivision 9; 475.53, subdivision 1; 475.57; 475.61, subdivision 2; 480.242, subdivision 2; 500.24, subdivision 3; 508A.01, subdivision 3; 524.2-402; 525.152, subdivisions 1, 2, and 3; 609.101, subdivision 4; 611.216, subdivision 3; 611.25, subdivision 3; 611A.56, subdivision 1; 626.843; 626.845; 626.846; 626.847; 626.851; and 626.88; Laws 1995 chapter 220, section 7, subdivision 3; and Laws 1996, chapter 310, section 1; proposing coding for new law in Minnesota Statutes, chapter 35; repealing Minnesota Statutes 1996, sections 3.922, subdivision 9; 13.99, subdivisions 21d and 24a; 15.475; 16B.87, subdivision 4; 17.452, subdivision 3; 115A.03, subdivision 16; 116D.11, subdivision 4; 116J.975; 124.2442; 124.245; 124.3202; 126.78, subdivision 5; 144.95, subdivision 9; 145A.12, subdivision 6; 148.578; 174.23, subdivision 5; 196.22, subdivision 4; 216C.06, subdivisions 10 and 11; 246.57, subdivision 2; 254B.03, subdivision 8; 256B.04, subdivision 11; 256B.0629, subdivision 3; 256F.11, subdivision 3; 256F.12, subdivision 5; 260.152, subdivision 7; 325F.98; 388.24, subdivision 5; 466.01, subdivisions 4 and 5; 471A.02, subdivisions 2 and 15; 473.638, subdivision 1; 473.639; 494.05, subdivision 3; 611.27, subdivision 14; and 611A.75; Laws 1988, chapter 495, section 1; Laws 1989, chapters 209, article 2, section 42; and 282, article 3, section 28; Laws 1991, chapter 292, article 2, section 2; Laws 1993, chapter 286, section 1; Laws 1994, chapters 411, section 4; and 416, article 1, sections 47, 51, and 56; Laws 1995, chapters 171, sections 54 and 56; and 186, section 26; Laws 1995, First Special Session chapter 3, article 13, section 2; and Laws 1996, chapters 414, article 1, section 30; and 471, article 11, section 1.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

SECOND READING OF HOUSE BILLS
H. F. Nos. 5, 13 and 35 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Greiling; Johnson, R.; Weaver; McGuire and Broecker introduced:

H. F. No. 60, A bill for an act relating to civil actions; authorizing civil actions against student organizations for damages relating to hazing; proposing coding for new law in Minnesota Statutes, chapter 127.

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

Molnau, Wenzel, Harder and Kielkucki introduced:

H. F. No. 61, A bill for an act relating to agriculture; authorizing certain contracts; changing provisions relating to grants and contracts; amending Minnesota Statutes 1996, sections 17.03, by adding a subdivision; 17.101; and 17.116, subdivisions 2 and 3.

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

Swenson, D.; Entenza; Skoglund; McGuire and Leppik introduced:

H. F. No. 62, A bill for an act relating to crimes; lowering the per se standard for alcohol concentration from 0.10 to 0.08 for adults, and to 0.04 for persons under 21 years of age, for driving motor vehicles, snowmobiles, all-terrain vehicles, and motorboats while impaired, as well as for criminal vehicular operation and hunting; amending Minnesota Statutes 1996, sections 84.91, subdivision 1; 84.911, subdivision 1; 86B.331, subdivisions 1 and 4; 86B.335, subdivision 1; 97B.065, subdivision 1; 97B.066, subdivision 1; 169.121, subdivisions 1 and 2; 169.123, subdivisions 2, 4, 5a, and 6; and 609.21, subdivisions 1, 2, 2a, 2b, 3, and 4.

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


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Harder, Bradley, Tompkins, Bettermann and Lindner introduced:

H. F. No. 63, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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

Pawlenty, Entenza, Bishop and Skoglund introduced:

H. F. No. 64, A bill for an act relating to crimes; requiring persons convicted of causing the death of someone while committing criminal sexual conduct to give biological specimens for DNA analysis before release from imprisonment; amending Minnesota Statutes 1996, section 609.3461, subdivision 2.

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

Bishop, Skoglund, Solberg, Carruthers and Larsen introduced:

H. F. No. 65, A bill for an act relating to crime victims; requiring persons accused of certain crimes involving exposure to bodily fluids to be tested for the HIV virus at the victim's request; amending Minnesota Statutes 1996, section 611A.19, subdivision 1.

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

Leppik introduced:

H. F. No. 66, A bill for an act relating to natural resources; providing for continued exemption for the adopt-a-park program from administrative rulemaking procedures; exempting timber appraisal standards from certain rulemaking provisions; amending Minnesota Statutes 1996, sections 85.045, subdivision 3; and 90.045.

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

Osskopp, Larsen, Reuter, Seifert and Westfall introduced:

H. F. No. 67, A bill for an act relating to crimes; lowering per se alcohol level for impairment offenses from 0.10 to 0.08 for operating snowmobile, off-highway motorcycle, all-terrain vehicle, motorboat, or motor vehicle, for hunting, and for handling explosives; amending Minnesota Statutes 1996, sections 84.91, subdivision 1; 84.911, subdivision 1; 86B.331, subdivisions 1 and 4; 86B.335, subdivision 1; 97B.065, subdivision 1; 97B.066, subdivision 1; 169.121, subdivisions 1 and 2; 169.123, subdivisions 2, 4, 5a, and 6; 192A.555; and 609.21, subdivision 1.

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

Erhardt, Broecker, Larsen, Kraus and Paulsen introduced:

H. F. No. 68, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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


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Osskopp, Kielkucki, Reuter, Kuisle and Anderson, B., introduced:

H. F. No. 69, A bill for an act relating to marriage; clarifying that only persons of the opposite sex may legally marry; providing that same-sex marriages recognized in other states are not recognized in this state; amending Minnesota Statutes 1996, sections 517.01; 517.03; 517.08, subdivision 1a; and 517.20.

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

Knoblach, Rifenberg, Westfall, Stang and Westrom introduced:

H. F. No. 70, A bill for an act relating to residency requirements for welfare programs; amending Minnesota Statutes 1996, sections 256B.056, subdivision 1; and 256D.02, subdivision 12a; proposing coding for new law as Minnesota Statutes, chapter 256J.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Wolf, Molnau, Haas, Boudreau and Reuter introduced:

H. F. No. 71, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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

Greenfield, McCollum, Koskinen, Leppik and Mulder introduced:

H. F. No. 72, A bill for an act relating to professions; extending expiration dates for certain health-related advisory councils; amending Minnesota Statutes 1996, section 214.32, subdivision 1; and Laws 1995, chapter 43, section 1.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Rukavina and Bakk introduced:

H. F. No. 73, A bill for an act relating to retirement; providing benefit increases for the Eveleth police and fire trust fund.

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

Osthoff, Milbert, McCollum and Greiling introduced:

H. F. No. 74, A bill for an act relating to elections; changing certain absentee ballot provisions; amending Minnesota Statutes 1996, sections 203B.02, subdivision 1; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.07, subdivision 2; and 203B.12, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 203B.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Koskinen, Greenfield, McCollum, Leppik and Mulder introduced:

H. F. No. 75, A bill for an act relating to health; modifying provisions relating to recordkeeping by persons regulated by the board of medical practice; amending Minnesota Statutes 1996, section 147.091, subdivision 2; repealing Minnesota Rules, part 5600.0605, subpart 10.

The bill was read for the first time and referred to the Committee on Health and Human Services.


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Dehler, Stanek, Mares, Seagren and Leppik introduced:

H. F. No. 76, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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

Murphy, Boudreau, Juhnke, Otremba and Pawlenty introduced:

H. F. No. 77, A bill for an act relating to health; prohibiting partial-birth abortions; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Rest, Abrams, Vickerman, Milbert and Greiling introduced:

H. F. No. 78, A bill for an act relating to elections; defining certain terms; changing the name of the state partisan primary to the state party nominating election; requiring candidates to demonstrate party support before being listed on a party's ballot; moving the state party nominating election and primary from September to June; changing certain procedures, terms, and deadlines; amending Minnesota Statutes 1996, sections 200.02, by adding a subdivision; 204B.08, subdivisions 1 and 2; 204B.09, subdivision 1; 204B.10, subdivisions 2, 3, and 4; 204B.11, subdivision 2; 204B.12, subdivision 1; 204B.33; 204D.03, subdivision 1; and 204D.08, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 204B.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Sykora, Kielkucki and Daggett introduced:

H. F. No. 79, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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

Nornes, Knight, Westfall and Anderson, B., introduced:

H. F. No. 80, A bill for an act relating to education; repealing the K-12 education appropriations caps; appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.

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

Murphy, Pugh, Broecker, Larsen and McGuire introduced:

H. F. No. 81, A bill for an act relating to corrections; modifying multiple occupancy requirements applicable to state prisons; amending Minnesota Statutes 1996, section 243.53.

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


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Mares, Carlson, Kelso, Carruthers and Broecker introduced:

H. F. No. 82, A bill for an act relating to education; further examining a year-round school/extended week or day pilot program; requiring an evaluation; appropriating money.

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

Skoglund introduced:

H. F. No. 83, A bill for an act relating to crime; increasing penalties for fleeing a peace officer in a motor vehicle; amending Minnesota Statutes 1996, section 609.487, subdivision 3.

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

Carlson, Kinkel, Mares, Koppendrayer and Kelso introduced:

H. F. No. 84, A bill for an act relating to education; permitting school boards to begin the 1998-1999 and 1999-2000 school years before Labor Day.

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

Anderson, I., and Murphy introduced:

H. F. No. 85, A bill for an act relating to elections; changing the time for filing for office and the date of the state primary; amending Minnesota Statutes 1996, sections 204B.09, subdivision 1; 204D.03, subdivision 1; and 205.13, subdivision 1a.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Stanek, Mullery, Broecker, Chaudhary and Larsen introduced:

H. F. No. 86, A bill for an act relating to traffic regulations; restricting the use of certain radios and other sound-producing devices in or on motor vehicles; prescribing a penalty; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Stanek, Pawlenty, Broecker, Murphy and Pugh introduced:

H. F. No. 87, A bill for an act relating to juveniles; requiring that juveniles who are adjudicated delinquent for or convicted of illegal possession of a pistol be held in confinement for not less than 30 days; amending Minnesota Statutes 1996, sections 260.185, subdivision 1a; and 624.713, subdivision 2.

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

Skoglund, Weaver and Winter introduced:

H. F. No. 88, A bill for an act relating to sentencing guidelines; clarifying that the application of the sentencing guidelines system is not a right that a defendant may waive; amending Minnesota Statutes 1996, section 244.09, subdivision 5.

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


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Gunther; Swenson, H., and Kalis introduced:

H. F. No. 89, A bill for an act relating to education; restoration of revenue lost to the fund balance reduction for independent school district No. 837, Madelia.

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

Lieder, Schumacher, Kelso, Molnau and Swenson, H., introduced:

H. F. No. 90, A bill for an act relating to drivers' licenses; allowing exemption from drug and alcohol testing requirement for commercial motor vehicle driver who works as relief, replacement, or emergency snow plow operator; amending Minnesota Statutes 1996, section 171.03.

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

Skoglund, Stanek, Mullery, Kalis and Milbert introduced:

H. F. No. 91, A bill for an act relating to corrections; repealing the law requiring single and double bunking in certain state prisons; repealing Minnesota Statutes 1996, section 243.53.

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

Skoglund, Broecker, Murphy, Pugh and Jefferson introduced:

H. F. No. 92, A bill for an act relating to crime prevention; creating a pilot tattoo removal grant program administered by the commissioner of corrections; appropriating money.

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

Skoglund introduced:

H. F. No. 93, A bill for an act relating to crime; providing criminal penalties for persons who knowingly harbor, conceal, or aid a probationer, parolee, or supervised releasee, intending that the person avoid or escape arrest under an order issued by the head of a state or local corrections agency; amending Minnesota Statutes 1996, section 609.495, subdivision 1.

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

Skoglund, Stanek, Evans, Dawkins and Chaudhary introduced:

H. F. No. 94, A bill for an act relating to crime; imposing criminal penalties for knowingly disrupting or interfering with an emergency telephone call; amending Minnesota Statutes 1996, section 609.78.

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

Skoglund introduced:

H. F. No. 95, A bill for an act relating to public safety; requiring the commissioner of corrections to collaborate with the federal Bureau of Prisons to develop a community notification plan for certain federal prisoners who will reside in Minnesota upon release; requiring a report to the legislature.

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


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Skoglund introduced:

H. F. No. 96, A bill for an act relating to controlled substances; classifying methcathinone as a Schedule II controlled substance; amending Minnesota Statutes 1996, section 152.02, subdivision 3.

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

Skoglund and Clark introduced:

H. F. No. 97, A bill for an act relating to crime; authorizing aggregation of controlled substance sale amounts for the purposes of the first, second, and third degree controlled substance crimes; amending Minnesota Statutes 1996, sections 152.021, subdivision 3; 152.022, subdivision 3; and 152.023, subdivision 3.

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

Stanek; Skoglund; Swenson, D.; Biernat and Weaver introduced:

H. F. No. 98, A bill for an act relating to law enforcement; authorizing the use of the department of public safety's helicopters and aircraft for general law enforcement purposes; amending Minnesota Statutes 1996, section 299D.07.

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

Clark, Kinkel, Mariani, Kubly and Rhodes introduced:

H. F. No. 99, A bill for an act relating to housing; establishing an emergency services grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 268.

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

Wenzel, Rest, Peterson, Winter and Harder introduced:

H. F. No. 100, A bill for an act relating to local government; appropriating money for emergency snow removal.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Swenson, D.; Workman; Lieder; Skoglund and Wagenius introduced:

H. F. No. 101, A bill for an act relating to public safety; clarifying that certain revocation period applies only to first-time DUI offenders; making technical correction allowing commissioner of public safety to determine examination required for reinstatement of driving privileges; providing for petition for reinstatement of commercial driver's license following disqualification; clarifying applicable requirements for licensing commercial driver instructors; amending Minnesota Statutes 1996, sections 169.121, subdivision 4; 169.1261; 171.19; and 364.09.

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

Seifert, Paulsen, Goodno, Reuter and Rifenberg introduced:

H. F. No. 102, A bill for an act relating to capital improvements; removing the authorization for appropriations for art in state buildings; amending Minnesota Statutes 1996, section 85A.02, subdivision 5b; repealing Minnesota Statutes 1996, section 16B.35.

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


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Greiling, McElroy, Knoblach, Osthoff and Seifert introduced:

H. F. No. 103, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article V, sections 1, 3, and 4; article VIII, section 2; article XI, sections 7 and 8; abolishing the office of state treasurer; transferring or repealing the powers, responsibilities, and duties of the state treasurer; amending Minnesota Statutes 1996, sections 9.011, subdivision 1; and 11A.03.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Sviggum and Weaver introduced:

H. F. No. 104, A bill for an act relating to the legislature; ethics; providing for house and senate committees on ethics; providing procedures for handling ethics complaints; providing for forfeiture of legislative compensation and expenses in certain circumstances; prohibiting former legislators from lobbying the legislature for one year after leaving office; establishing a fair campaign practices advisory board; amending Minnesota Statutes 1996, section 3.099, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 3; 10A; and 211B.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Olson, E., and Ozment introduced:

H. F. No. 105, A bill for an act relating to claims; providing for payment of certain claims against the state; increasing a limit on settlements; adding claims to the Revenue Recapture Act; appropriating money; amending Minnesota Statutes 1996, sections 3.732, subdivision 2; and 270A.03, subdivision 7.

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

Anderson, I., introduced:

H. F. No. 106, A bill for an act relating to the legislature; providing for the organization of an equally divided house; amending Minnesota Statutes 1996, section 3.06, by adding a subdivision.

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

Sviggum and McElroy introduced:

H. F. No. 107, A bill for an act relating to metropolitan sports facilities; requiring the metropolitan sports facilities commission to sell the met center; requiring the commission to escrow funds for retirement of all outstanding debt on the metrodome; transferring ownership and operation of the metrodome from the commission to the major league professional football team and baseball club; abolishing the metropolitan sports facilities commission; transferring other commission assets to the general fund; providing for amateur sports commission funding for youth sports; appropriating money; amending Minnesota Statutes 1996, section 240A.08; repealing Minnesota Statutes 1996, sections 473.553; 473.556; 473.561; 473.564; 473.565; 473.572; 473.581; 473.592; 473.595; 473.596; 473.598; and 473.599.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Tomassoni, Rukavina, Bettermann and Pelowski introduced:

H. F. No. 108, A bill for an act relating to employment; providing for the protection of benefits for certain technical college employees.

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


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Haas, Tomassoni, Harder and Bradley introduced:

H. F. No. 109, A bill for an act relating to insurance; terminating the Minnesota employees insurance program; specifying transition provisions; appropriating money; amending Minnesota Statutes 1996, sections 62E.02, subdivision 23; 62E.10, subdivision 1; and 62L.02, subdivision 24; repealing Minnesota Statutes 1996, section 43A.317.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Long, Biernat, Hasskamp, Juhnke and Marko introduced:

H. F. No. 110, A bill for an act relating to the program of temporary assistance for needy families; establishing requirements for new state residents; proposing coding for new law as Minnesota Statutes, chapter 256J.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Jennings, Osthoff, Delmont, Milbert and Holsten introduced:

H. F. No. 111, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending indefinitely the period during which at least 40 percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund.

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

Leppik, Rhodes and Lieder introduced:

H. F. No. 112, A bill for an act relating to taxation; providing for depreciation of passenger automobiles for purposes of registration tax; increasing the rate of taxation on motor fuels; amending Minnesota Statutes 1996, sections 168.013, subdivision 1a; 296.02, subdivision 1b; and 296.025, subdivision 1b.

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

Munger, Carruthers, Weaver, Hausman and Solberg introduced:

H. F. No. 113, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending until the year 2050 the period during which at least 40 percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund.

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

Pawlenty and Sykora introduced:

H. F. No. 114, A bill for an act relating to taxation; income; allowing a credit for children; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Kinkel introduced:

H. F. No. 115, A bill for an act relating to state lands; authorizing sale of certain tax-forfeited lands that border public water or natural wetlands in Cass county.

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


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Skoglund and Weaver introduced:

H. F. No. 116, A bill for an act relating to data practices; making certain welfare and housing agency data available to law enforcement agencies; amending Minnesota Statutes 1996, sections 13.46, subdivision 2; and 13.54, by adding a subdivision.

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

Rest, Goodno, Carruthers, Seagren and Entenza introduced:

H. F. No. 117, A bill for an act relating to commerce; requiring local units of government to license the retail sale of tobacco; providing for regular compliance checks for all licensed vendors; providing for mandatory penalties against license holders for sales to minors; amending Minnesota Statutes 1996, section 461.12; proposing coding for new law in Minnesota Statutes, chapter 461.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

MOTIONS AND RESOLUTIONS

Sviggum moved that the name of Pawlenty be added as an author on H. F. No. 16. The motion prevailed.

Juhnke moved that "by request" be stricken and the names of Ness, Peterson and Kubly be added as authors on H. F. No. 18. The motion prevailed.

Anderson, I., moved that the names of Solberg, Mahon and Murphy be added as authors on H. F. No. 36. The motion prevailed.

Sviggum moved that the names of Pelowski and Milbert be added as authors on H. F. No. 43. The motion prevailed.

Sviggum moved that the name of Erhardt be added as an author on H. F. No. 46. The motion prevailed.

Greiling moved that the name of Abrams be added as an author on H. F. No. 52. The motion prevailed.

Sviggum moved that the name of Mulder be added as an author on H. F. No. 55. The motion prevailed.

Sviggum moved that the name of Mulder be added as an author on H. F. No. 57. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The following members have been appointed to the Committee on Ethics: Murphy, Co-Chair; Pawlenty, Co-Chair; Milbert; Rhodes; Boudreau, Alternate and Mariani, Alternate.

.

MOTION TO FIX TIME TO RECONVENE

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, January 23, 1997. The motion prevailed.
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Winter moved that the House recess subject to the call of the Chair for the purpose of meeting with the Senate in Joint Convention to hear the address by the Governor. The motion prevailed.

RECESS

RECONVENED

The Speaker called the House to order at 11:45 a.m.

The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

JOINT CONVENTION

The Speaker of the House as President of the Joint Convention called the Joint Convention to order.

Prayer was offered by the Most Reverend Harry J. Flynn, Archbishop of the Archdiocese of St. Paul and Minneapolis.

The roll being called the following Senators answered to their names: Anderson, Beckman and Belanger.

Senator Moe, R. D., moved that further proceedings of the roll call be suspended. The motion prevailed and a quorum was declared present.

The Sergeant at Arms announced the arrival of the Honorable A. M. Sandy Keith, Chief Justice of the Supreme Court, and the Associate Justices of the Supreme Court plus the Honorable Edward Toussant, Jr., Chief Judge of the Court of Appeals of the State of Minnesota. They were escorted to the seats reserved for them near the rostrum.

The Sergeant at Arms announced the arrival of the Constitutional Officers of the State of Minnesota: Joan Anderson Growe, Secretary of State; Judith H. Dutcher, State Auditor; Michael A. McGrath, State Treasurer and Hubert H. Humphrey III, Attorney General. The Constitutional Officers were escorted to the seats reserved for them.

The Sergeant at Arms announced the arrival of former Governors Orville L. Freeman, Wendell R. Anderson and Al Quie. The distinguished guests were escorted to the seats reserved for them.

The Sergeant at Arms announced the arrival of the Honorable Paul Wellstone, United States Senator, the Honorable Gil Gutknecht, United States Representative from the First Congressional District and the Honorable Bill Luther, United States Representative from the Sixth Congressional District. The distinguished guests were escorted to the seats reserved for them.

The Sergeant at Arms announced the arrival of the Honorable Joanne E. Benson, Lieutenant Governor of the State of Minnesota. The Lieutenant Governor was escorted to the seat reserved for her at the rostrum.

The Sergeant at Arms announced the arrival of the Honorable Arne H. Carlson, Governor of the State of Minnesota, and his official party. The Governor was escorted to the rostrum by the appointed committees.


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ADDRESS BY THE GOVERNOR

Governor Arne H. Carlson was presented by the President of the Joint Convention, the Honorable Phil Carruthers, and the Governor delivered his "State of the State Address" to the members of the Joint Convention and their guests.

Following the address, Senator Moe, R. D., moved that the Joint Convention arise. The motion prevailed and the President declared the Joint Convention adjourned.

RECONVENED

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

ADJOURNMENT

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, January 23, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives