Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6517

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

SEVENTY-THIRD DAY

Saint Paul, Minnesota, Thursday, February 12, 1998

 

The House of Representatives convened at 2:30 p.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by Kelly Ulman, Youth in Government Chaplain, Loyola High School, North Mankato, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Hasskamp, Luther, Mulder, Pawlenty and Van Dellen were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Kuisle 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 - 73rd Day - Thursday, February 12, 1998 - Top of Page 6518

REPORTS OF STANDING COMMITTEES

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 1306, A bill for an act relating to health; requiring health plan coverage for off-label use of drugs; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Page 3, line 2, delete "or"

Page 3, line 5, delete the period and insert "; or

(4) reduce or limit coverage for off-label use of drugs otherwise required by law or contract."

With the recommendation that when so amended the bill pass.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1847, A bill for an act relating to state lands; modifying sale provisions of tax-forfeited land and land bordering public waters; amending Minnesota Statutes 1996, sections 92.45; and 282.018, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [STUDY.]

The commissioner of natural resources must review the sale of publicly owned shoreland authorized by statute and assess:

(1) how much publicly owned shoreland is disposed of annually, and what the trend has been over the past 20 years;

(2) possible standards that could be adopted to keep sustainable public shoreland under the appropriate type of government management;

(3) possible public uses of public shoreland that is now sold to private interests;

(4) statutory changes that could be made to retain public shoreland in public use;

(5) appropriate development that may take place on public shoreland parcels; and

(6) alternative methods for revenue incentives to local units of government managing state-owned land.

The commissioner must hold meetings and consult with local government officials, lakeshore owners, and interested citizens. A report on this study must be prepared and given to the natural resource policy and finance committees of the legislature by January 15, 1999.


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Sec. 2. [APPROPRIATION.]

$20,000 is appropriated from the general fund to the commissioner of natural resources for the purposes of section 1."

Delete the title and insert:

"A bill for an act relating to state lands; requiring a study of the sale and use of public shoreland; appropriating money."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2016, A bill for an act relating to financial institutions; prohibiting solicitation of loans by mailing a check payable to the addressee; proposing coding for new law in Minnesota Statutes, chapter 47.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [47.605] [LOAN SOLICITATION; UNREQUESTED CHECKS REGULATED.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Facsimile check" means a document that resembles a negotiable check, money order, draft, or other instrument.

(c) "Live check" means a negotiable check, money order, draft, or other instrument that may be used by a consumer to activate a loan.

Subd. 2. [UNREQUESTED CHECKS.] No financial institution or other lender may offer to make a loan by mailing to a Minnesota resident a live check payable to the addressee, which the addressee is requested to endorse and then cash, deposit, or otherwise negotiate as a means of accepting the loan offered, except as provided in subdivision 3. This section does not apply if the addressee already has an open-end credit arrangement or business relationship with the financial institution or other lender or if the addressee has requested in writing that the live check be mailed to the addressee.

Subd. 3. [EFFECT OF LIVE CHECKS.] (a) The addressee is not liable for any loan contracted or allegedly contracted by means of a live check that violates subdivision 2, unless the live check is offered in compliance with the requirements in paragraphs (b) to (g).

(b) The live check, regardless of its form, must not be negotiable after a period no longer than 30 days after the date shown on the live check. Printed material accompanying the live check must advise the consumer to void and destroy the live check if it is not going to be negotiated, and must be substantially similar to the following disclosure:

"THIS IS A SOLICITATION FOR A LOAN--READ THE ENCLOSED DISCLOSURES BEFORE SIGNING AND CASHING THIS CHECK."

(c) Notification of the loan agreement must be on the back of the live check so that the consumer is advised that by signing the back of the live check the consumer will have activated a loan transaction. The following disclosure must appear on the back of the live check:

"By endorsing this instrument, you agree to repay this loan according to the terms of the Loan Agreement, which you acknowledge receiving and which provides you with the contract terms in connection with this loan transaction."


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(d) Opt-out provisions of the federal Fair Credit Reporting Act Amendments effective in October 1997 must be noted by reference in printed materials that accompany the live check.

(e) Live check loan solicitations must be mailed in envelopes with no indication that a negotiable instrument is contained in the mailing. Envelopes must be marked with instructions to the postal service stating that the item is not to be forwarded if the intended addressee is no longer at the location.

(f) The creditor who receives a negotiated live check must execute the following steps consistent with the structure of the creditor's business:

(1) ensure that the instrument is placed in the consumer's loan folder, record, or other filing procedure consistent with the creditor's business which will enable recovery of the item, or an exact facsimile of the original document; and

(2) provide to the customer a coupon book or billing statement or other medium consistent with the creditor's business practice as confirmation of the activation of the loan.

(g) In the event that a live check is stolen or incorrectly received by someone other than the intended payee, and the live check is fraudulently cashed or otherwise negotiated, the following safeguards for the consumer must be triggered:

(1) the creditor, upon receipt of notification that the consumer did not negotiate the live check, shall provide, and the consumer may complete, a statement confirming that the consumer did not deposit, cash, or otherwise negotiate the live check;

(2) completion of the confirmation statement must be facilitated by the creditor by providing the consumer the opportunity to fill it out at a local location of the creditor, by mail, or both, and by explaining that the consumer is relieved from any liability on the loan. The creditor shall also provide the consumer with a contact person to provide assistance if required; and

(3) upon submitting a completed confirmation statement to the creditor, the consumer who was the intended payee shall have no liability for the loan obligation.

Subd. 4. [FACSIMILE CHECKS.] No financial institution or other lender shall mail to a Minnesota resident a loan solicitation that includes a facsimile check payable to the addressee unless:

(1) the facsimile check contains on the front and back, in at least a 30-point bold font, the words:

"This is not a check";

(2) the opt-out provisions of the federal Fair Credit Reporting Act Amendments effective in October 1997 are noted by reference in printed materials that accompany the facsimile check; and

(3) the solicitation is mailed in an envelope that does not make it appear that a negotiable instrument is contained in the mailing.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective January 1, 1999."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6521

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2309, A bill for an act relating to financial institutions; regulating use of spousal credit history; requiring that creditors consider a credit history in the name of the applicant's spouse; requiring that creditors report a credit history in the names of both spouses; amending Minnesota Statutes 1996, section 325G.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325G.

Reported the same back with the following amendments:

Page 2, line 7, after "shall" insert ", at the applicant's request,"

With the recommendation that when so amended the bill pass.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 2403, A bill for an act relating to recreational vehicles; modifying provisions of snowmobile grants-in-aid; amending Minnesota Statutes 1996, section 84.83, subdivisions 3 and 4.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Wagenius from the Committee on Transportation and Transit to which was referred:

H. F. No. 2425, A bill for an act relating to recreational vehicles; exempting watercraft trailers and all-terrain vehicle trailers from the prohibition against sale of motor vehicles on Sunday; amending Minnesota Statutes 1996, section 168.275.

Reported the same back with the following amendments:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 1996, section 168.27, subdivision 22, is amended to read:

Subd. 22. [MOTORIZED BICYCLES, BOAT AND SNOWMOBILE TRAILERS.] Any person, copartnership, or corporation having a permanent enclosed commercial building or structure either owned in fee or leased and engaged in the business, either exclusively or in addition to any other occupation, of selling motorized bicycles, boat trailers, horse trailers, or snowmobile trailers, may apply to the registrar for a dealer's license. Upon payment of a $10 fee the registrar shall license the applicant as a dealer for the remainder of the calendar year in which the application was received. Thereafter the license may be renewed on or before the second day of January of each year by payment of a fee of $10. The registrar shall issue to each dealer, upon request of the dealer, dealer plates as provided in subdivision 16 upon payment of $5 for each plate, and the plates may be used in the same manner and for the same purposes as is provided in subdivision 16. Except for motorized bicycle dealers, the registrar shall also issue to the dealer, upon request of the dealer, "in transit" plates as provided in subdivision 17 upon payment of a fee of $5 for each plate. This subdivision shall not be construed to abrogate any of the provisions of this section as the same relates to the duties, responsibilities, and requirements of persons, copartnerships, or corporations engaged in the business, either exclusively or in addition to other occupations, of selling motor vehicles or manufactured homes, except that a seller of boat trailers or snowmobile trailers who is licensed under this section is not required to have a contract or franchise with a manufacturer or distributor of new boat trailers or snowmobile trailers that


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6522

the seller proposes to sell, broker, wholesale, or auction. This section shall not be construed to require a manufacturer of snowmobile trailers whose manufacturing facility is located outside of the metropolitan area as defined in section 473.121 to have a dealer's license to transport the snowmobile trailers to dealers or retail outlets in the state."

Page 2, line 7, delete "1" and insert "2"

Renumber sections in sequence

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "modifying provisions relating to dealers' licenses;"

Page 1, line 5, delete "section" and insert "sections 168.27, subdivision 22; and"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce, Tourism and Consumer Affairs.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2500, A bill for an act relating to financial institutions; limiting customer liability for loss or theft of a debit card; amending Minnesota Statutes 1996, section 47.69, subdivision 3; Minnesota Statutes 1997 Supplement, section 47.61, subdivision 3.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 2, line 35, after the period, insert "With respect to debit card transactions, this subdivision applies to unauthorized withdrawals made from an electronic financial terminal or from an electronic point-of-sale terminal operated by a retailer, described in section 47.61, subdivision 3, paragraph (b), clause (3)."

Page 3, line 15, delete "Sections 1 and 2 are" and insert "Section 1 is"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 4, delete the semicolon and insert a period

Page 1, delete lines 5 and 6

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6523

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2512, A bill for an act relating to insurance; regulating nonrenewals of homeowner's insurance; prohibiting various discriminatory practices in automobile and homeowner's insurance; amending Minnesota Statutes 1996, sections 65A.29, subdivision 8; 65B.13; and 72A.20, subdivision 13.

Reported the same back with the following amendments:

Page 2, line 7, delete "five" and insert "three"

Page 3, delete lines 24 to 26 and insert:

"Clause (c) prohibits routinely requiring any underwriting information with respect to a physical disability, other than a questionnaire to be completed by the applicant. The questionnaire must be limited to questions directly relevant to the criteria provided in clause (c)."

Page 3, line 33, delete the new language

Page 5, line 4, delete "or" and insert a comma and after "issued" insert ", or renewed"

With the recommendation that when so amended the bill pass.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2582, A bill for an act relating to financial institutions; permitting an additional school district to establish a school bank as part of an educational program; amending Laws 1997, chapter 157, section 71.

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

The report was adopted.

Wagenius from the Committee on Transportation and Transit to which was referred:

H. F. No. 2612, A bill for an act relating to highways; designating the State Trooper Timothy J. Bowe Memorial Highway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 15, delete ", without regard to" and insert ". The people of the community shall provide the funds required to erect the appropriate signs, as provided in"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6524

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 2669, A bill for an act relating to natural resources; requiring transfer of general fund money to the game and fish fund after closure of a deer hunting area; amending Minnesota Statutes 1996, sections 97A.055, subdivision 2; and 97B.305; Minnesota Statutes 1997 Supplement, section 97A.075, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2750, A bill for an act relating to insurance; regulating reinsurance intermediary-brokers; providing for the investment of funds held or collected; amending Minnesota Statutes 1996, section 60A.715.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 60A.715, is amended to read:

60A.715 [REQUIRED CONTRACT PROVISIONS; REINSURANCE INTERMEDIARY-BROKERS.]

Transactions between a RB and the insurer it represents in this capacity shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party. The authorization must, at a minimum, provide that:

(1) the insurer may terminate the RB's authority at any time;

(2) the RB will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by, or owing to the RB, and remit all funds due to the ceding insurer or the assuming reinsurer within 30 days of the month of receipt;

(3) all funds collected for the ceding insurer's or the assuming reinsurer's account will be held by the RB in a fiduciary capacity;

(i) in a bank that is a qualified United States financial institution and may be; or

(ii) invested in direct obligations of, or obligations guaranteed or insured by, the United States, its agencies, or its instrumentalities, excluding mortgage-backed securities, or in obligations described in section 60A.11, subdivision 17, paragraphs (a) and (b).

These funds may not be invested in obligations whose maturities exceed 90 days; Investments made under item (ii), shall be restricted to the following, as long as they are traded on a national securities exchange: direct obligations of the United States government or an agency of the United States government, municipal bonds or corporate bonds or notes with credit ratings of at least AA by Standard & Poors or equivalent ratings from a comparable rating service, or commercial paper with a short-term rating of at least A-1 by Standard & Poors or an equivalent rating from a comparable rating service, but in no event shall the obligations be rated other than in the highest category established by the securities valuation office of the National Association of Insurance Commissioners. The RB shall invest fiduciary funds under item (ii) only if authorized in writing by the the ceding insurer or assuming reinsurer in whose account the funds are held, shall secure the investments with security acceptable to the ceding insurer or assuming reinsurer on whose account the funds are held, and shall be responsible for any losses on investments made pursuant to item (ii).


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6525

At least 50 percent of the funds invested under clause (3), based on the prior 30 days' average balance, must be invested in instruments that mature in no more than 120 days. In no case shall an investment mature in greater than three years from the date of purchase. Investments made pursuant to clause (3) should emphasize safety and liquidity. The RB is required to structure those investments so that funds are available to remit on a timely basis to the ceding insurer or the assuming reinsurer in accordance with clause (2);

(4) the RB will comply with section 60A.72;

(5) the RB will comply with the written standards established by the insurer for the cession or retrocession of all risks; and

(6) the RB will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded."

With the recommendation that when so amended the bill pass.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2757, A bill for an act relating to commerce; regulating residential mortgage loans; establishing table funding requirements; proposing coding for new law in Minnesota Statutes, chapter 82.

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

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2814, A bill for an act relating to health; establishing a minimum definition of durable medical equipment; requiring disclosure of covered medical equipment and supplies; amending Minnesota Statutes 1996, sections 62E.06, subdivision 1; and 62L.05, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Pages 1 to 5, delete sections 1 and 2

Page 5, delete lines 35 and 36 and insert:

"Subd. 2. [MINIMUM DEFINITION.] "Durable medical equipment" means a medically necessary personal item, piece of equipment, or product system, whether modified or not, including necessary repairs, that is suitable for repeated use and is:

(1) used to increase, maintain, or improve the functional capabilities of a person;

(2) used to correct or accommodate a physiological disability or physical condition of a person;

(3) is not more expensive than an appropriate alternative which serves the same purpose; and

(4) is not primarily for educational, vocational, comfort, convenience, or recreational purposes."

Page 6, delete lines 1 to 9


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6526

Page 6, line 35, delete "to 4" and insert "and 2"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 4, delete "amending"

Page 1, delete line 5

Page 1, line 6, delete everything before "proposing"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2846, A bill for an act relating to insurance; automobile; reducing premium for completion of accident prevention course; amending Minnesota Statutes 1996, section 65B.28, subdivisions 1, 2, and 4.

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

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2890, A bill for an act relating to financial institutions; maintaining the Savings Association Act.

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

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2895, A bill for an act relating to insurance; modifying permitted investments for township mutual companies; amending Minnesota Statutes 1997 Supplement, section 67A.231.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1996, section 67A.191, subdivision 1, is amended to read:

Subdivision 1. [FARM RISKS.] A township mutual fire insurance company may issue an insurance policy for qualified and secondary property as defined in section 67A.14, subdivision 1, in combination with a policy issued by an insurer authorized to sell property and casualty insurance in this state. Except as provided in subdivision 2, The portions of the combination policy issued by a township mutual insurance company are excluded from all provisions of the insurance laws of this state as provided in section 67A.25, subdivision 2."

Page 2, line 32, strike ", Federal Savings and Loan"


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6527

Page 2, line 33, strike "Corporation,"

Page 3, line 12, delete "1" and insert "2"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "township mutual companies; regulating farm risks;"

Page 1, line 3, delete everything before the semicolon and after "amending" insert "Minnesota Statutes 1996, section 67A.191, subdivision 1;"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 2920, A bill for an act relating to lawful gambling; authorizing organizations to make certain expenditures and contributions through electronic fund transfers; amending Minnesota Statutes 1996, sections 349.168, subdivision 6; and 349.19, subdivision 3; Minnesota Statutes 1997 Supplement, section 349.154, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 349.12, subdivision 25, is amended to read:

Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one or more of the following:

(1) any expenditure by or contribution to a 501(c)(3) or festival organization, as defined in subdivision 15a, provided that the organization and expenditure or contribution are in conformity with standards prescribed by the board under section 349.154, which standards must apply to both types of organizations in the same manner and to the same extent;

(2) a contribution to an individual or family suffering from poverty, homelessness, or physical or mental disability, which is used to relieve the effects of that poverty, homelessness, or disability;

(3) a contribution to an individual for treatment for delayed posttraumatic stress syndrome or a contribution to a program recognized by the Minnesota department of human services for the education, prevention, or treatment of compulsive gambling;

(4) a contribution to or expenditure on a public or private nonprofit educational institution registered with or accredited by this state or any other state;

(5) a contribution to a scholarship fund for defraying the cost of education to individuals where the funds are awarded through an open and fair selection process;


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6528

(6) activities by an organization or a government entity which recognize humanitarian or military service to the United States, the state of Minnesota, or a community, subject to rules of the board, provided that the rules must not include mileage reimbursements in the computation of the per occasion reimbursement limit and must impose no aggregate annual limit on the amount of reasonable and necessary expenditures made to support:

(i) members of a military marching or color guard unit for activities conducted within the state; or

(ii) members of an organization solely for services performed by the members at funeral services;

(7) recreational, community, and athletic facilities and activities intended primarily for persons under age 21, provided that such facilities and activities do not discriminate on the basis of gender and the organization complies with section 349.154;

(8) payment of local taxes authorized under this chapter, taxes imposed by the United States on receipts from lawful gambling, the taxes imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on unrelated business income by section 290.05, subdivision 3;

(9) payment of real estate taxes and assessments on permitted gambling premises wholly owned by the licensed organization paying the taxes, not to exceed:

(i) for premises used for bingo, the amount that an organization may expend under board rules on rent for bingo; and

(ii) $35,000 per year for premises used for other forms of lawful gambling;

(10) a contribution to the United States, this state or any of its political subdivisions, or any agency or instrumentality thereof other than a direct contribution to a law enforcement or prosecutorial agency;

(11) a contribution to or expenditure by a nonprofit organization which is a church or body of communicants gathered in common membership for mutual support and edification in piety, worship, or religious observances;

(12) payment of one-half of the reasonable costs of an audit required in section 297E.06, subdivision 4;

(13) a contribution to or expenditure on a wildlife management project that benefits the public at-large, provided that the state agency with authority over that wildlife management project approves the project before the contribution or expenditure is made;

(14) expenditures, approved by the commissioner of natural resources, by an organization for grooming and maintaining snowmobile trails that are (1) grant-in-aid trails established under section 85.019, or (2) other trails open to public use, including purchase or lease of equipment for this purpose; or

(15) conducting nutritional programs, food shelves, and congregate dining programs primarily for persons who are age 62 or older or disabled.

(b) Notwithstanding paragraph (a), "lawful purpose" does not include:

(1) any expenditure made or incurred for the purpose of influencing the nomination or election of a candidate for public office or for the purpose of promoting or defeating a ballot question;

(2) any activity intended to influence an election or a governmental decision-making process;

(3) the erection, acquisition, improvement, expansion, repair, or maintenance of real property or capital assets owned or leased by an organization, unless the board has first specifically authorized the expenditures after finding that (i) the real property or capital assets will be used exclusively for one or more of the purposes in paragraph (a); (ii) with respect to expenditures for repair or maintenance only, that the property is or will be used extensively as a meeting place or event location by other nonprofit organizations or community or service groups and that no rental fee is charged for the use; (iii) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building, a building owned by the organization and


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6529

destroyed or made uninhabitable by fire or natural disaster, provided that the expenditure may be only for that part of the replacement cost not reimbursed by insurance; or (iv) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building a building owned by the organization that was acquired from the organization by eminent domain or sold by the organization to a purchaser that the organization reasonably believed would otherwise have acquired the building by eminent domain, provided that the expenditure may be only for that part of the replacement cost that exceeds the compensation received by the organization for the building being replaced; or (v) with respect to an expenditure to bring an existing building into compliance with the Americans with Disabilities Act under item (ii), an organization has the option to apply the amount of the board-approved expenditure to the erection or acquisition of a replacement building that is in compliance with the Americans with Disabilities Act;

(4) an expenditure by an organization which is a contribution to a parent organization, foundation, or affiliate of the contributing organization, if the parent organization, foundation, or affiliate has provided to the contributing organization within one year of the contribution any money, grants, property, or other thing of value;

(5) a contribution by a licensed organization to another licensed organization unless the board has specifically authorized the contribution. The board must authorize such a contribution when requested to do so by the contributing organization unless it makes an affirmative finding that the contribution will not be used by the recipient organization for one or more of the purposes in paragraph (a); or

(6) a contribution to a statutory or home rule charter city, county, or town by a licensed organization with the knowledge that the governmental unit intends to use the contribution for a pension or retirement fund.

Sec. 2. Minnesota Statutes 1997 Supplement, section 349.154, subdivision 2, is amended to read:

Subd. 2. [NET PROFIT REPORTS.] (a) Each licensed organization must report monthly to the board on a form prescribed by the board each expenditure and contribution of net profits from lawful gambling. The reports must provide for each expenditure or contribution:

(1) the name, address, and telephone number of the recipient of the expenditure or contribution;

(2) the date the contribution was approved by the organization;

(3) the date, amount, and check number or electronic transfer confirmation number of the expenditure or contribution;

(4) a brief description of how the expenditure or contribution meets one or more of the purposes in section 349.12, subdivision 25; and

(5) in the case of expenditures authorized under section 349.12, subdivision 25, paragraph (a), clause (7), whether the expenditure is for a facility or activity that primarily benefits male or female participants.

(b) The board shall make available to the commissioners of revenue and public safety copies of reports received under this subdivision and requested by them.

(c) The report required under this subdivision must provide for a separate accounting for all expenditures made from the reporting organization's tax refund or credit authorized under section 297E.02, subdivision 4, paragraph (d).

Sec. 3. Minnesota Statutes 1996, section 349.168, subdivision 6, is amended to read:

Subd. 6. [COMPENSATION PAID BY CHECK OR ELECTRONIC TRANSFER.] Compensation paid by an organization in connection with lawful gambling must either be: (1) in the form of a check drawn on the organization's gambling account, as specified in section 349.19, and paid directly to the person being compensated; (2) transferred electronically from the organization's gambling account, as specified in section 349.19, subdivision 3, directly to the employee's bank account; or (3) transferred electronically to and from the account of a payroll processing firm for payment to the employee's account and for the payment of local, state, and federal withholding taxes, provided that the payroll


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6530

processing firm is (i) currently registered with and meets the criteria of the department of revenue as a third-party bulk filer under section 290.92, subdivision 30, (ii) is able to provide proof of a third-party audit and an annual report and statement of financial condition, (iii) is able to provide evidence of a fidelity bond, and (iv) can provide proof of having been in business as a third-party bulk filer for the most recent three years.

Sec. 4. Minnesota Statutes 1997 Supplement, section 349.18, subdivision 1, is amended to read:

Subdivision 1. [LEASE OR OWNERSHIP REQUIRED.] (a) An organization may conduct lawful gambling only on premises it owns or leases. Leases must be on a form prescribed by the board. Except for leases entered into before August 1, 1994, the term of the lease may not begin before the effective date of the premises permit and must expire on the same day that the premises permit expires. Copies of all leases must be made available to employees of the board and the division of alcohol and gambling enforcement on request. A lease may not provide for payments determined directly or indirectly by the receipts or profits from lawful gambling. The board may prescribe by rule limits on the amount of rent which an organization may pay to a lessor for premises leased for lawful gambling provided that no rule of the board may prescribe a limit of less than $1,000 per month on rent paid for premises used for lawful gambling other than bingo. Any rule adopted by the board limiting the amount of rent to be paid may only be effective for leases entered into, or renewed, after the effective date of the rule.

(b) No person, distributor, manufacturer, lessor, or organization other than the licensed organization leasing the space may conduct any activity other than the sale or serving of food and beverages on the leased premises during times when lawful gambling is being conducted on the premises.

(c) At a site where the leased premises consists of an area on or behind a bar at which alcoholic beverages are sold and employees of the lessor are employed by the organization as pull-tab sellers at the site, pull-tabs and tipboard tickets may be sold and redeemed by those employees at any place on or behind the bar, but the tipboards and receptacles for pull-tabs and cash drawers for lawful gambling receipts must be maintained only within the leased premises.

(d) Employees of a lessor may participate in lawful gambling on the premises provided (1) if pull-tabs or tipboards are sold, the organization voluntarily posts, or is required to post, the major prizes as specified in section 349.172; and (2) any employee of the lessor participating in lawful gambling is not a gambling employee for the organization conducting lawful gambling on the premises.

(e) An employee of an organization may participate in lawful gambling on premises the organization owns if: (1) for an organization that sells pull-tabs or tipboards, the organization voluntarily posts, or is required to post, the major prizes as specified in section 349.172; and (2) the employee participating in lawful gambling is not involved in the sale of pull-tabs.

Sec. 5. Minnesota Statutes 1996, section 349.19, subdivision 3, is amended to read:

Subd. 3. [EXPENDITURES.] (a) All expenditures of gross profits from lawful gambling must be itemized as to payee, purpose, amount, and date of payment, and must be in compliance with section 349.154. Authorization of the expenditures must be recorded in the monthly meeting minutes of the licensed organization. Checks for expenditures of gross profits must be signed by at least two persons authorized by board rules to sign the checks. Expenditures of gross profits from lawful gambling for local, state, and federal taxes as identified in section 349.12, subdivision 25, paragraph (a), clause (8), may be: (1) transferred electronically from the organization's gambling account directly to bank accounts identified by local, state, or federal agencies if the organization's gambling account monthly bank statement specifically identifies the payee by name, the amount transferred, the account number of the account into which the funds were transferred, and the date of the transaction; or (2) transferred electronically to and from the account of a payroll processing firm that meets the criteria for such a firm established under section 349.168, subdivision 6. Expenditures of gross profits from lawful gambling as authorized by section 349.15, subdivision 1, for utility payments may be transferred electronically from the organization's gambling account directly to bank accounts identified by the utility vendor if the organization's gambling account monthly bank statement specifically identifies the payee by name, the amount transferred, the account number of the account into which the funds were transferred, and the date of the transaction. Electronic payments of local, state, and federal taxes and utility payments are permitted only if they have been authorized by the membership, the organization maintains supporting documentation, and the expenditures can be verified.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6531

(b) Expenditures authorized by the board according to section 349.12, subdivision 25, paragraph (b), clause (3), must be 51 percent completed within two years of the date of board approval. "Fifty-one percent completed" means that the work completed must represent at least 51 percent of the value of the project as documented by the contractor or vendor. An organization that fails to comply with this paragraph shall reapply to the board for approval of the project.

Sec. 6. Minnesota Statutes 1996, section 349.213, subdivision 1, is amended to read:

Subdivision 1. [LOCAL REGULATION.] (a) A statutory or home rule city or county has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling, and may require a permit for the conduct of gambling exempt from licensing under section 349.166. The fee for a permit issued under this subdivision may not exceed $100. The authority granted by this subdivision does not include the authority to require a license or permit to conduct gambling by organizations or sales by distributors licensed by the board. The authority granted by this subdivision does not include the authority to require an organization to make specific expenditures of more than ten percent from its net profits derived from lawful gambling. For the purposes of this subdivision, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling. A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except as authorized under section 349.16, subdivision 8, or 297E.02; provided, however, that an ordinance requirement that such organizations must contribute ten percent of their net profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for (i) lawful purposes, or (ii) police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations, is not considered an expenditure to the city or county nor a tax under section 297E.02, and is valid and lawful. A city or county making expenditures authorized under this paragraph must by March 15 of each year file a report with the board, on a form the board prescribes, that lists all such revenues collected and expenditures for the previous calendar year.

(b) A statutory or home rule city or county may by ordinance require that a licensed organization conducting lawful gambling within its jurisdiction expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city's or county's trade area. Such an ordinance must be limited to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction, must define the city's or county's trade area, and must specify the percentage of lawful purpose expenditures which must be expended within the trade area. A trade area defined by a city under this subdivision must include each city contiguous to the defining city.

(c) A more stringent regulation or prohibition of lawful gambling adopted by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision, except a political subdivision may prohibit the use of paddlewheels."

Delete the title and insert:

"A bill for an act relating to lawful gambling; allowing expenditures as lawful purposes of compliance with the Americans with Disabilities Act; authorizing organizations to make certain expenditures and contributions through electronic fund transfers; allowing an employee to participate in lawful gambling under certain circumstances; allowing locally administered funds receiving contributions from gambling profits to be spent for certain public safety purposes; amending Minnesota Statutes 1996, sections 349.168, subdivision 6; 349.19, subdivision 3; and 349.213, subdivision 1; Minnesota Statutes 1997 Supplement, sections 349.12, subdivision 25; 349.154, subdivision 2; and 349.18, subdivision 1."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6532

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2943, A bill for an act relating to juveniles; providing a temporary moratorium on licensing of dispositional residential beds; requesting the legislative audit commission to study juvenile out-of-home placements.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [LICENSING MORATORIUM; JUVENILE FACILITIES.]

Subdivision 1. [MORATORIUM; COMMISSIONER OF CORRECTIONS.] Except as provided in subdivision 4, the commissioner of corrections may not:

(1) issue any license under section 241.021 to operate a new correctional facility for the detention or confinement of juvenile offenders that will include more than 25 beds for juveniles; or

(2) renew a license under section 241.021 to operate a correctional facility licensed before the effective date of this moratorium, for the detention or confinement of juvenile offenders, if the number of beds in the facility will increase by more than 25 beds since the time the most recent license was issued.

Subd. 2. [MORATORIUM; COMMISSIONER OF HUMAN SERVICES.] Except as provided in subdivision 4, the commissioner of human services may not:

(1) issue any license under Minnesota Rules, parts 9545.0905 to 9545.1125, for the residential placement of juveniles at a facility that will include more than 25 beds for juveniles; or

(2) renew a license under Minnesota Rules, parts 9545.0905 to 9545.1125, for the residential placement of juveniles at a facility licensed before the effective date of this moratorium, if the number of beds in the facility will increase by more than 25 beds since the time the most recent license was issued.

Subd. 3. [MORATORIUM; OTHER BEDS.] Except as provided in subdivision 4, no state agency may:

(1) issue a license for any new facility that will provide an out-of-home placement for more than 25 juveniles at one time; or

(2) renew a license for any existing facility licensed before the effective date of this moratorium, if the number of beds in the facility will increase by more than 25 beds since the time the most recent license was issued.

For the purposes of this subdivision, "juvenile" means a delinquent child, as defined in section 260.015, subdivision 5; a juvenile petty offender, as defined in section 260.015, subdivision 21; or a child in need of protection or services, as defined in section 260.015, subdivision 2a.

Subd. 4. [EXEMPTIONS.] The moratorium in this section does not apply to:

(1) any secure juvenile detention and treatment facility, which is funded in part through a grant under Laws 1994, chapter 643, section 79;

(2) the department of corrections' facilities at Red Wing and Sauk Centre;

(3) the proposed department of corrections' facility at Camp Ripley;

(4) any facility that submitted a formal request for licensure under section 241.021 before December 31, 1997; and

(5) any residential academy receiving state funding for fiscal year 1998 or 1999 for capital improvements.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6533

Subd. 5. [MORATORIUM; LENGTH.] The moratorium in this section stays in effect until June 30, 1999.

Sec. 2. [JUVENILE PLACEMENT STUDY.]

The legislative audit commission is requested to direct the legislative auditor to conduct a study of juvenile out-of-home placements. The study must include:

(1) an evaluation of existing placements for juveniles, including, but not limited to, the number of beds at each facility, the average number of beds occupied each day at each facility, and the location of each facility, and an analysis of the projected need for an increased number of beds for juvenile out-of-home placements, including the geographic area where beds will be needed;

(2) an evaluation of existing services and programming provided in juvenile out-of-home placements and an assessment of the types of services and programming that are needed in juvenile out-of-home placements, by geographic area;

(3) an evaluation of the utilization of continuum of care;

(4) an assessment of the reasons why juveniles are placed outside their homes;

(5) a summary of the demographics of juveniles placed outside their homes, by county, including information on race, gender, age, and other relevant factors;

(6) a summary of the geographic distance between the juvenile's home and the location of the out-of-home placement, including observations for the reasons a juvenile was placed at a particular location;

(7) a determination of the average length of time that a juvenile in Minnesota spends in an out-of-home placement and a determination of the average length of time that a juvenile spends in each type of out-of-home placement, including, but not limited to, residential treatment centers, correctional facilities, and group homes;

(8) a determination of the completion rates of juveniles participating in programming in out-of-home placements and an analysis of the reasons for noncompletion of programming;

(9) a determination of the percentage of juveniles whose out-of-home placement ends due to the juvenile's failure to meet the rules and conditions of the out-of-home placement and an analysis of the reasons the juvenile failed;

(10) an analysis of the effectiveness of the juvenile out-of-home placement, including information on recidivism, where applicable, and the child's performance after returning to the child's home;

(11) an estimate of the cost each county spends on juvenile out-of-home placements;

(12) a description and examination of the per diem components per offender at state, local, and private facilities providing placements for juveniles; and

(13) other issues that may affect juvenile out-of-home placements.

If the commission directs the auditor to conduct this study, the auditor shall report its findings to the chairs of the house and senate committees and divisions with jurisdiction over criminal justice policy and funding by January 15, 1999.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment."


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6534

Delete the title and insert:

"A bill for an act relating to juveniles; providing a moratorium on licensing of certain juvenile facilities; requesting a juvenile placement study."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services.

The report was adopted.

Wagenius from the Committee on Transportation and Transit to which was referred:

H. F. No. 2965, A bill for an act relating to motor vehicles; allowing issuance of second set of license plates for physically disabled persons; amending Minnesota Statutes 1996, section 168.021, subdivision 1.

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

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 3065, A bill for an act relating to insurance; increasing the maximum lifetime benefit for policies of the comprehensive health insurance plan; amending Minnesota Statutes 1996, section 62E.12.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 62A.316, is amended to read:

62A.316 [BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.]

(a) The basic Medicare supplement plan must have a level of coverage that will provide:

(1) coverage for all of the Medicare part A inpatient hospital coinsurance amounts, and 100 percent of all Medicare part A eligible expenses for hospitalization not covered by Medicare, after satisfying the Medicare part A deductible;

(2) coverage for the daily copayment amount of Medicare part A eligible expenses for the calendar year incurred for skilled nursing facility care;

(3) coverage for the copayment amount of Medicare eligible expenses under Medicare part B regardless of hospital confinement, subject to the Medicare part B deductible amount;

(4) 80 percent of the hospital and medical expenses and supplies incurred during travel outside the United States as a result of a medical emergency;

(5) coverage for the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells as defined under federal regulations under Medicare parts A and B, unless replaced in accordance with federal regulations; and

(6) 100 percent of the cost of immunizations and routine screening procedures for cancer screening including mammograms and pap smears; and


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6535

(7) 80 percent of coverage for all physician prescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes. Coverage must include persons with gestational, type I, or type II diabetes.

(b) Only the following optional benefit riders may be added to this plan:

(1) coverage for all of the Medicare part A inpatient hospital deductible amount;

(2) a minimum of 80 percent of eligible medical expenses and supplies not covered by Medicare part B, not to exceed any charge limitation established by the Medicare program or state law;

(3) coverage for all of the Medicare part B annual deductible;

(4) coverage for at least 50 percent, or the equivalent of 50 percent, of usual and customary prescription drug expenses;

(5) coverage for the following preventive health services:

(i) an annual clinical preventive medical history and physical examination that may include tests and services from clause (ii) and patient education to address preventive health care measures;

(ii) any one or a combination of the following preventive screening tests or preventive services, the frequency of which is considered medically appropriate:

(A) fecal occult blood test and/or digital rectal examination;

(B) dipstick urinalysis for hematuria, bacteriuria, and proteinuria;

(C) pure tone (air only) hearing screening test, administered or ordered by a physician;

(D) serum cholesterol screening every five years;

(E) thyroid function test;

(F) diabetes screening;

(iii) any other tests or preventive measures determined appropriate by the attending physician.

Reimbursement shall be for the actual charges up to 100 percent of the Medicare-approved amount for each service, as if Medicare were to cover the service as identified in American Medical Association current procedural terminology (AMA CPT) codes, to a maximum of $120 annually under this benefit. This benefit shall not include payment for a procedure covered by Medicare;

(6) coverage for services to provide short-term at-home assistance with activities of daily living for those recovering from an illness, injury, or surgery:

(i) For purposes of this benefit, the following definitions apply:

(A) "activities of daily living" include, but are not limited to, bathing, dressing, personal hygiene, transferring, eating, ambulating, assistance with drugs that are normally self-administered, and changing bandages or other dressings;

(B) "care provider" means a duly qualified or licensed home health aide/homemaker, personal care aid, or nurse provided through a licensed home health care agency or referred by a licensed referral agency or licensed nurses registry;

(C) "home" means a place used by the insured as a place of residence, provided that the place would qualify as a residence for home health care services covered by Medicare. A hospital or skilled nursing facility shall not be considered the insured's place of residence;


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6536

(D) "at-home recovery visit" means the period of a visit required to provide at-home recovery care, without limit on the duration of the visit, except each consecutive four hours in a 24-hour period of services provided by a care provider is one visit;

(ii) Coverage requirements and limitations:

(A) at-home recovery services provided must be primarily services that assist in activities of daily living;

(B) the insured's attending physician must certify that the specific type and frequency of at-home recovery services are necessary because of a condition for which a home care plan of treatment was approved by Medicare;

(C) coverage is limited to:

(I) no more than the number and type of at-home recovery visits certified as necessary by the insured's attending physician. The total number of at-home recovery visits shall not exceed the number of Medicare-approved home care visits under a Medicare-approved home care plan of treatment;

(II) the actual charges for each visit up to a maximum reimbursement of $40 per visit;

(III) $1,600 per calendar year;

(IV) seven visits in any one week;

(V) care furnished on a visiting basis in the insured's home;

(VI) services provided by a care provider as defined in this section;

(VII) at-home recovery visits while the insured is covered under the policy or certificate and not otherwise excluded;

(VIII) at-home recovery visits received during the period the insured is receiving Medicare-approved home care services or no more than eight weeks after the service date of the last Medicare-approved home health care visit;

(iii) Coverage is excluded for:

(A) home care visits paid for by Medicare or other government programs; and

(B) care provided by family members, unpaid volunteers, or providers who are not care providers;

(7) coverage for at least 50 percent, or the equivalent of 50 percent, of usual and customary prescription drug expenses to a maximum of $1,200 paid by the issuer annually under this benefit. An issuer of Medicare supplement insurance policies that elects to offer this benefit rider shall also make available coverage that contains the rider specified in clause (4)."

Page 2, delete lines 14 and 15 and insert:

"Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective for policies issued or renewed after January 1, 1999. Section 2 is effective the day following final enactment."

Renumber the sections in sequence


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6537

Correct internal references

Amend the title as follows:

Page 1, line 5, before the period, insert "; Minnesota Statutes 1997 Supplement, section 62A.316"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 3078, A bill for an act relating to capital improvements; appropriating money for the south metro joint public safety training facility; authorizing the sale of state bonds.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 3167, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119C.

Reported the same back with the following amendments:

Page 1, line 17, delete "five" and insert "four"

Page 1, line 24, delete "five" and insert "four"

Page 2, line 15, delete "six" and insert "five"

Page 3, line 4, delete "five" and insert "four"

Page 3, line 15, delete "six" and insert "five"

Page 4, line 23, delete everything after "(a)"

Page 4, delete lines 24 to 36

Page 5, delete lines 1 to 4 and insert "A legislative commission on Minnesota's children of 22 members is created consisting of 11 members from the house and 11 members from the senate. Senate members of the commission are appointed by the subcommittee on committees of the committee on rules and administration, and house members are appointed by the speaker. At least five members from the senate and five members from the house must be from the minority caucus. Members are entitled to reimbursement for per diem expenses plus travel expenses incurred in the services of the commission."

Page 6, line 7, after "district" insert "and at least five members from communities of color"


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6538

Page 7, after line 8, insert:

"(1) research activities and programs that emphasize results in children through age three;"

Renumber the subsequent clauses

Page 8, line 23, delete "(5)" and insert "(6)" and delete "(13)" and insert "(14)"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 3201, A bill for an act relating to agriculture; requiring labeling of unpasteurized fruit juice and cider; proposing coding for new law in Minnesota Statutes, chapter 31.

Reported the same back with the following amendments:

Delete page 1, line 20 to page 2, line 11

Page 2, line 12, delete "(d)" and insert "(c)"

With the recommendation that when so amended the bill pass.

The report was adopted.

Wagenius from the Committee on Transportation and Transit to which was referred:

H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 3256, A bill for an act relating to the environment; creating the heritage lakes initiative; proposing coding for new law as Minnesota Statutes, chapter 103J.

Reported the same back with the following amendments:

Page 1, line 14, after the comma, insert "the maintenance and restoration of Minnesota species of a local ecotype,"

Page 2, line 3, delete "13" and insert "15"


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6539

Page 2, line 6, before the colon, insert "whose term shall be coterminous with that of the appointing governor and include"

Page 3, after line 3, insert:

"Sec. 4. [SUNSET.]

The heritage lakes resources advisory council under sections 2 and 3 shall expire on June 30, 2002.

Sec. 5. [APPROPRIATION.]

$. . . . . is appropriated from the general fund in fiscal year 1999 to the board of water and soil resources for purposes of this act.

Sec. 6. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "appropriating money;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 3381, A bill for an act relating to economic development; providing for compensation for tornado damage in certain counties; appropriating money.

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

The report was adopted.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3441, A bill for an act relating to agriculture; requiring animal waste technician licenses; creating and funding an animal feedlot cleanup fund; limiting issuance of certain animal feedlot permits; requiring animal feedlot inventory and review; providing for assistance in adoption, review, and update of feedlot ordinances; requiring a generic environmental impact statement on feedlots; providing for feedlot compliance grants; increasing the value-added agricultural product revolving fund; expanding the paratuberculosis control program; appropriating money; amending Minnesota Statutes 1996, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116; proposing coding for new law as Minnesota Statutes, chapter 18G.

Reported the same back with the following amendments:

Page 1, line 30, after "owned" insert "or leased"

Page 7, line 16, after "the" insert "full"


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6540

Page 7, delete subdivision 3

Page 7, line 23, delete "4" and insert "3"

Page 8, delete lines 6 to 14

Page 10, after line 3, insert:

"Sec. 16. [APPROPRIATION; UNIVERSITY OF MINNESOTA.]

$800,000 is appropriated from the general fund to the University of Minnesota for alternative and sustainable hog production facilities on the Morris campus. This appropriation is available until June 30, 1999."

Amend the title as follows:

Page 1, line 12, after the first semicolon, insert "providing for certain alternative and sustainable hog production facilities;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources.

The report was adopted.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3496, A bill for an act relating to the city of Owatonna; authorizing the city to impose certain taxes.

Reported the same back with the following amendments:

Page 2, line 5, delete "Falls" and insert "Halls"

Page 2, line 16, delete "$. . . . ." and insert "$5,000,000"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 3640, A bill for an act relating to education; allowing a donation of accrued sick time for certain Minnesota state college and university employees; proposing coding for new law in Minnesota Statutes, chapter 136F.

Reported the same back with the following amendments:

Page 1, line 10, after "donate" insert "in any fiscal year"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Labor-Management Relations.

The report was adopted.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6541

SECOND READING OF HOUSE BILLS

H. F. Nos. 1306, 2016, 2309, 2500, 2512, 2582, 2612, 2750, 2757, 2814, 2846, 2890, 2895, 2920, 2965, 3065, 3201 and 3250 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Kraus introduced:

H. F. No. 3647, A bill for an act relating to boilers; requiring the commissioner of labor and industry to amend certain high pressure boiler plant rules.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Otremba, M., and Wenzel introduced:

H. F. No. 3648, A bill for an act relating to the city of Browerville; authorizing expenditures of tax increment outside of a certain district.

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

Long; Johnson, A.; Olson, E.; Daggett and Kraus introduced:

H. F. No. 3649, A bill for an act relating to taxation; providing an income tax credit for collectors of used motor oil and used motor oil filters; amending Minnesota Statutes 1996, section 290.06, by adding a subdivision.

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

Wenzel and Erickson introduced:

H. F. No. 3650, A bill for an act relating to agriculture; changing the director of farmer-lender mediation; making the Farmer-Lender Mediation Act permanent; requiring a report; amending Minnesota Statutes 1997 Supplement, section 583.22, subdivision 5; repealing Laws 1986, chapter 398, article 1, section 18, as amended.

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

Larsen and Broecker introduced:

H. F. No. 3651, A bill for an act relating to human services; modifying the method of paying assistance under the Minnesota family investment program-statewide; amending Minnesota Statutes 1997 Supplement, section 256J.24, by adding a subdivision.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6542

Entenza introduced:

H. F. No. 3652, A bill for an act relating to education; providing for community outreach coordinators and school guidance counselors; providing for textbooks for each pupil; modifying teacher licensing to include applicants trained in other countries; modifying lifework development plan to include college information; modifying staff development plans; providing for a student assessment study; providing for a preschool study; amending Minnesota Statutes 1996, sections 123.35, subdivision 10, and by adding subdivisions; 125.06; and 126.70, subdivision 2a; Minnesota Statutes 1997 Supplement, section 126.685.

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

Entenza and Mares introduced:

H. F. No. 3653, A bill for an act relating to education; modifying the requirements for membership on the board of teaching; amending Minnesota Statutes 1996, section 125.183, subdivision 3.

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

Jennings introduced:

H. F. No. 3654, A bill for an act relating to utilities; requiring legislative electric energy task force to establish technical advisory committee on electric restructuring; requiring advisory committee to issue reports; establishing duties for public utilities commission and department of public service.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Skare; Slawik; Johnson, A.; Ness and Leighton introduced:

H. F. No. 3655, A bill for an act relating to education; providing funding to implement Minnesota's graduation standards; enhancing funding to implement the graduation rule; appropriating money; amending Minnesota Statutes 1996, section 124A.22, by adding a subdivision; Minnesota Statutes 1997 Supplement, section 124A.22, subdivision 1.

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

Smith introduced:

H. F. No. 3656, A bill for an act relating to the city of Delano; authorizing the city to elect a local contribution for a tax increment financing district.

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

Rest introduced:

H. F. No. 3657, A bill for an act relating to taxation; increasing the property tax refund for renters; amending Minnesota Statutes 1997 Supplement, section 290A.03, subdivisions 11 and 13.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6543

Vandeveer, Mares, Delmont and Holsten introduced:

H. F. No. 3658, A bill for an act relating to education; increasing the basic formula allowance; reallocating compensatory education revenue; amending Minnesota Statutes 1997 Supplement, section 124A.22, subdivisions 2, 3, and 3a.

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

Murphy, Winter and Bakk introduced:

H. F. No. 3659, A bill for an act relating to taxation; increasing the payment of homestead and agricultural aid to certain cities; amending Laws 1995, chapter 264, article 8, section 18.

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

Anderson, B.; Olson, M., and Osskopp introduced:

H. F. No. 3660, A bill for an act relating to elections; removing the designation of incumbent from judicial ballot; repealing Minnesota Statutes 1996, section 204B.36, subdivision 5.

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

Dawkins introduced:

H. F. No. 3661, A bill for an act relating to the Martin Luther King, Jr. holiday observance; appropriating money to the council on Black Minnesotans for planning and coordination activities.

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

Dawkins introduced:

H. F. No. 3662, A bill for an act relating to public safety; requiring the bureau of criminal apprehension to inform parents or legal guardians of minors if their children are included in the criminal gang investigative data system; amending Minnesota Statutes 1997 Supplement, section 299C.091, by adding a subdivision.

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

Dawkins introduced:

H. F. No. 3663, A bill for an act relating to crime; making a bias-motivated assault a felony; amending Minnesota Statutes 1996, section 609.2231, subdivision 4.

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

Dawkins introduced:

H. F. No. 3664, A bill for an act relating to education; providing additional funding for in-school suspensions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124A.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6544

Dawkins introduced:

H. F. No. 3665, A bill for an act relating to education; encouraging school districts to accept academically at-risk students under open enrollment; appropriating money; amending Minnesota Statutes 1996, section 120.062, by adding a subdivision; Minnesota Statutes 1997 Supplement, section 120.062, subdivisions 3 and 11; proposing coding for new law in Minnesota Statutes, chapter 124A.

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

Pugh, Skoglund, Kinkel, Stanek and Nornes introduced:

H. F. No. 3666, A bill for an act relating to appropriations; providing funds for the Board of Inventions.

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

Wenzel, Juhnke, Schumacher, Molnau and Erickson introduced:

H. F. No. 3667, A bill for an act relating to taxation; exempting agricultural loans from the mortgage registry tax; amending Minnesota Statutes 1996, section 287.04, by adding a subdivision.

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

Finseth and Kahn introduced:

H. F. No. 3668, A bill for an act relating to the environment; allowing soil and water conservation districts to reimburse supervisors at a mileage rate determined by the district; amending Minnesota Statutes 1996, section 103C.315, subdivision 4.

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

Milbert, Rest, Ozment, Macklin and Anderson, I., introduced:

H. F. No. 3669, A bill for an act relating to taxation; proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.

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

Clark, K., introduced:

H. F. No. 3670, A bill for an act relating to crime; appropriating money for grants for the substance abuse intervention neighborhood program.

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

McElroy; Opatz; Olson, E., and Sviggum introduced:

H. F. No. 3671, A bill for an act relating to property taxation; modifying class rates for certain types of property; modifying the education homestead credit; providing for a reduction in the general education levy; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 273.127, subdivisions 3 and 4; 273.13, subdivisions 24, 25, as amended, and 31; and 273.1382, subdivision 1.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6545

Kelso, Macklin, Bettermann, Milbert and Rest introduced:

H. F. No. 3672, A bill for an act relating to property taxation; modifying class rates for certain types of property; modifying the education homestead credit; providing for a reduction in the general education levy; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 273.127, subdivisions 3 and 4; 273.13, subdivisions 24, 25, as amended, and 31; and 273.1382, subdivision 1.

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

Trimble introduced:

H. F. No. 3673, A bill for an act relating to education; requiring a report from independent school district No. 625, St. Paul.

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

Trimble introduced:

H. F. No. 3674, A bill for an act relating to education; appropriating money for additional days of instruction.

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

Kahn, Larsen, Jefferson, Trimble and Carruthers introduced:

H. F. No. 3675, A bill for an act relating to natural resources; creating the Mississippi River Urban Heritage Act; authorizing bonds; appropriating money.

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

Winter, Bakk and Skare introduced:

H. F. No. 3676, A bill for an act relating to taxation; providing a property tax rebate; providing for property tax simplification and reform; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivision 4; 477A.013, subdivision 9; and 477A.03, subdivision 2; Minnesota Statutes 1997 Supplement, sections 124.961; 273.127, subdivision 3; 273.13, subdivisions 24, 25, as amended, and 31; 273.1382, subdivision 1; and 477A.03, subdivision 3.

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

Leighton, Carruthers, Murphy and Stanek introduced:

H. F. No. 3677, A bill for an act relating to public safety; requiring hospitals to report assaults committed against hospital personnel to local law enforcement agencies; establishing a work group to study and make recommendations concerning violence in hospitals; increasing criminal penalties for assaults committed against hospital personnel; amending Minnesota Statutes, section 609.2231, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6546

Long, Carruthers, Abrams, Macklin and Bakk introduced:

H. F. No. 3678, A bill for an act relating to taxation; providing a uniform class rate for all residential property containing a single dwelling unit; amending Minnesota Statutes 1997 Supplement, section 273.13, subdivisions 22 and 25, as amended.

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

Davids introduced:

H. F. No. 3679, A bill for an act relating to education; authorizing a levy for extracurricular activities; amending Minnesota Statutes 1996, section 124.912, by adding a subdivision.

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

Davids introduced:

H. F. No. 3680, A bill for an act relating to education; modifying building construction down payment program; amending Minnesota Statutes 1996, section 124.82, subdivision 3, and by adding a subdivision.

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

Ozment and Seagren introduced:

H. F. No. 3681, A bill for an act relating to education; creating a teacher training program to enhance implementation of the graduation rule; appropriating money.

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

Westfall introduced:

H. F. No. 3682, A bill for an act relating to capital improvements; authorizing bonds and appropriating money for flood hazard mitigation grants in Clay county.

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

Erhardt, Seifert, Harder, Daggett and Macklin introduced:

H. F. No. 3683, A bill for an act relating to taxation; individual income; providing for a one-time rebate of any additional surplus under the February 1998 forecast.

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

Carlson and Carruthers introduced:

H. F. No. 3684, A bill for an act relating to education; creating a model technology program; authorizing a levy.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6547

Tompkins introduced:

H. F. No. 3685, A bill for an act relating to education; requiring instruction in the United States Constitution; proposing coding for new law in Minnesota Statutes, chapter 126.

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

Mulder introduced:

H. F. No. 3686, A bill for an act relating to agriculture; providing support for establishment of a soybean oilseed processing and refining facility in southwestern Minnesota; appropriating money.

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

Bishop and Munger introduced:

H. F. No. 3687, A bill for an act relating to the environment; changing inspection criteria for individual sewage treatment systems; amending Minnesota Statutes 1997 Supplement, section 115.55, subdivision 5a.

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

Davids introduced:

H. F. No. 3688, A bill for an act relating to health; modifying provisions for reporting abortion data; providing criminal penalties; amending Minnesota Statutes 1996, section 145.411, by adding a subdivision; 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.

Seifert, Greiling, Hasskamp, Erickson and Anderson, B., introduced:

H. F. No. 3689, A bill for an act relating to elections; limiting certain campaign contributions to candidates for governor; reducing certain payments from the state elections campaign fund; amending Minnesota Statutes 1996, section 10A.27, subdivision 11.

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

Wenzel, Pawlenty, Skare, Knoblach and Juhnke introduced:

H. F. No. 3690, A bill for an act relating to crime; increasing penalties for certain drive-by shooting crimes; providing that a drive-by shooting resulting in death is first degree murder; increasing penalties and providing for mandatory minimum sentences for drive-by shootings that result in substantial or great bodily harm or that involve occupied buildings or motor vehicles; amending Minnesota Statutes 1996, sections 609.185; 609.19, subdivision 1; and 609.66, subdivision 1e.

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

Carlson; Long; Johnson, R.; Winter and Dehler introduced:

H. F. No. 3691, A bill for an act relating to income taxation and higher education; extending the number of years of education provided by the state to 13; proposing coding for new law in Minnesota Statutes, chapters 135A; and 290.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6548

Kahn, Delmont, Solberg, Murphy and Mares introduced:

H. F. No. 3692, A bill for an act relating to retirement; creating the Minnesota volunteer firefighter pension association and retirement fund; requiring reports; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 69A.

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

Kahn, Skoglund, Long, Hasskamp and McCollum introduced:

H. F. No. 3693, A bill for an act relating to tobacco; increasing the tobacco tax and reducing taxes on hospitals, surgical centers, providers, and wholesale drug distributors; prohibiting tobacco advertisements and promotions in areas frequented by youth; prohibiting smoking in workplaces; providing that the deposit of partially burned cigarettes is littering; prescribing civil and criminal penalties; amending Minnesota Statutes 1996, sections 85.20, subdivision 6; 144.413, subdivision 2; 144.414, by adding subdivisions; 144.415; 169.42, subdivision 1; 169.421, subdivision 3; 295.52, subdivisions 1, 1a, 2, and 3; and 609.68; Minnesota Statutes 1997 Supplement, sections 297F.05, subdivisions 1 and 3; 297F.08, subdivision 7; 297F.09, subdivision 2; and 297F.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325E; repealing Minnesota Statutes 1996, sections 144.414, subdivision 1; and 144.415; Minnesota Statutes 1997 Supplement, section 295.52, subdivision 7.

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

Olson, M.; Tuma and Lindner introduced:

H. F. No. 3694, A bill for an act relating to taxation; individual income; allowing a credit for private passenger vehicle insurance premiums; amending Minnesota Statutes 1996, section 290.06, by adding a subdivision.

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

Bishop introduced:

H. F. No. 3695, A bill for an act relating to crime; providing that enhanced penalties for repeat assault offenses apply to offenders who have prior delinquency adjudications for assault and related offenses; amending Minnesota Statutes 1996, sections 609.224, subdivisions 2 and 4; and 609.2242, subdivisions 2 and 4.

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

Long, Carruthers, Rukavina, Garcia and Kelso introduced:

H. F. No. 3696, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; appropriating money; 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.

Hausman and Wagenius introduced:

H. F. No. 3697, A bill for an act relating to transportation; restricting road authorities from changing roads over natural areas; proposing coding for new law in Minnesota Statutes, chapter 160.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6549

Jennings introduced:

H. F. No. 3698, A bill for an act relating to public administration; authorizing certain easements.

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

Otremba, M.; Wenzel; Juhnke; Schumacher and Molnau introduced:

H. F. No. 3699, A bill for an act relating to agriculture; appropriating money to fund litigation to accomplish reform of the federal milk market order system.

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

Larsen introduced:

H. F. No. 3700, A bill for an act relating to appropriations; appropriating money to coordinate and integrate county services in the Cimarron community.

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

Kalis and Solberg introduced:

H. F. No. 3701, A bill for an act relating to state government; modifying provisions for debt capacity forecasting, budget preparation, reporting bond proceeds expenditures, bond sales, and certain capital improvements; amending Minnesota Statutes 1996, sections 16A.105; 16A.11, subdivision 3a; 16A.501; and 16B.30; Minnesota Statutes 1997 Supplement, section 16A.641, subdivision 4.

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

Solberg and Long introduced:

H. F. No. 3702, A bill for an act relating to state government; modifying provisions for local fiscal impact notes; modifying reporting requirements on local mandate costs; modifying requirements for revenue targets; amending Minnesota Statutes 1996, section 16A.102, subdivisions 1 and 2; Minnesota Statutes 1997 Supplement, sections 3.986, subdivisions 2 and 4; 3.987, subdivisions 1 and 2; 3.988, subdivision 3; 3.989, subdivision 2; and 273.1398, subdivision 8; repealing Minnesota Statutes 1997 Supplement, sections 3.987, subdivision 3; 3.989, subdivisions 1, 3, and 4; and 14.431.

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

Carruthers, Skoglund and Weaver introduced:

H. F. No. 3703, A bill for an act relating to courts; making changes to certain fees that are paid to the court administrator of the Hennepin county district court; requiring a study of how fines are distributed in the fourth judicial district; amending Minnesota Statutes 1996, section 488A.03, subdivision 11.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6550

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:

H. F. No. 661, A bill for an act relating to landlords and tenants; recodifying, clarifying, and relocating landlord tenant law; proposing coding for new law as Minnesota Statutes, chapter 504A; repealing Minnesota Statutes 1996, sections 504.01; 504.012; 504.015; 504.02; 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 504.18; 504.181, subdivisions 2 and 3; 504.183; 504.185; 504.20; 504.201; 504.21; 504.22; 504.23; 504.24; 504.245; 504.246; 504.25; 504.255; 504.257; 504.26; 504.265; 504.27; 504.28; 504.29; 504.30; 504.31; 504.32; 504.36; 566.01; 566.02; 566.021; 566.03; 566.04; 566.051; 566.06; 566.07; 566.08; 566.09; 566.10; 566.11; 566.12; 566.13; 566.14; 566.15; 566.16; 566.17; 566.175; 566.18, subdivisions 1, 2, 3, 4, and 5; 566.19; 566.20; 566.205; 566.21; 566.22; 566.23; 566.24; 566.26; 566.27; 566.28; 566.29; 566.291; 566.30; 566.31; 566.32; 566.33; 566.34; and 566.35; Minnesota Statutes 1997 Supplement, sections 504.181, subdivision 1; 504.215; 566.05; 566.18, subdivision 6; and 566.25.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2524, A bill for an act relating to Minnesota Statutes; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, unconstitutional, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 1996, sections 3C.08, subdivision 1; 3C.12, subdivision 4; 10A.01, subdivision 19; 10A.323; 11A.04; 14.47, subdivision 3; 15A.082, subdivisions 1 and 3; 16B.51, subdivision 1; 32.70, subdivisions 2 and 10; 47.27, subdivision 1; 47.325; 48.846, subdivision 3; 62J.17, subdivision 2; 62Q.03, subdivision 6; 82A.11, subdivision 5; 97A.0455, subdivision 2; 115A.191, subdivisions 2 and 4; 115B.17, subdivision 6; 115B.25, subdivision 7a; 127.09; 127.17, subdivision 4; 134A.01; 144.651, subdivision 1; 144A.45, subdivision 2; 144A.46, subdivision 4; 144A.48, subdivision 2; 145.698, subdivision 1; 145C.01, subdivision 7; 147.02, subdivision 1; 147B.01, subdivisions 5, 12, and 16; 147B.02, subdivisions 4, 7, 9, and 12; 147B.03, subdivisions 1 and 4; 147B.05, subdivision 1; 148B.21, subdivisions 1 and 8; 148B.24; 148B.27, subdivision 2b; 154.161, subdivision 4; 157.17, subdivision 3; 164.08, subdivision 3; 169.421, subdivisions 5 and 7; 169.792, subdivision 7; 169.86, subdivision 1; 169.871, subdivision 2; 169.965, subdivision 3; 169.966, subdivision 3; 169.971, subdivision 4; 169.99, subdivision 3; 190.08, subdivision 6; 204B.11, subdivisions 1 and 2; 204B.34, subdivision 3; 204C.35, subdivision 2; 204D.02, subdivision 1; 204D.08, subdivision 6; 205A.10, subdivision 2; 206.90, subdivision 3; 216C.01, subdivision 1; 256.9657, subdivisions 1a and 7; 257.022, subdivisions 1 and 2a; 257.59, subdivision 1; 268.027; 273.13, subdivision 1; 273.1398, subdivision 6; 273.166, subdivision 2; 284.07; 325F.692, subdivision 2; 345.02; 345.03; 345.14; 346.04; 346.55, subdivision 2; 347.04; 353.01, subdivision 2a; 383A.281, subdivision 13; 383A.286, subdivision 2; 383A.404, subdivision 4; 383B.054, subdivision 6; 383B.057; 383B.121, subdivision 1; 383B.129; 383B.225, subdivision 10; 393.07, subdivision 9; 395.23; 448.56, subdivision 2; 458D.15; 462.16; 465.48; 473.191, subdivision 2; 473.197, subdivision 2; 473.608, subdivision 17; 477A.011, subdivision 27; 477A.0132, subdivision 3; 477A.014, subdivisions 1 and 3; 480.052; 480.054; 480.055, subdivision 1; 480.059, subdivision 2; 480.0591, subdivision 2; 480.19; 484.66, subdivision 2; 485.01; 517.08, subdivision 1b; 550.07; 559.211, subdivision 1; 566.175, subdivision 1; 574.18; 574.34, subdivision 2; 574.35; 611A.21, subdivision 2; 611A.25, subdivision 1; 617.27; 624.7131, subdivision 8; 624.7132, subdivision 13; 624.714, subdivision 12; 625.01; 626.21; 630.17; 631.04; 643.01; and 643.02; Minnesota Statutes 1997 Supplement, sections 15.0591, subdivision 2; 62J.04, subdivision 3; 62J.61, subdivision 2; 62Q.01, subdivision 3; 85A.02, subdivision 5b; 115.58, subdivision 2; 119A.15, subdivision 5a; 144A.45, subdivision 1; 144A.4605, subdivisions 3 and 4; 148B.20,


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6551

subdivision 1; 157.17, subdivision 2; 161.14, subdivision 41; 169.121, subdivision 3e; 169.123, subdivision 6; 244.09, subdivision 5; 260.015, subdivision 29; 268.145, subdivision 1; 274.01, subdivision 1; 275.011, subdivision 1; 275.065, subdivision 6; 297A.48, subdivisions 1 and 10; 325D.32, subdivision 4; 325D.415; 326.921; 473.249, subdivision 1; 477A.011, subdivision 34; 552.04, subdivision 1; 609.749, subdivision 2; 609.7495, subdivision 1; and 611A.74, subdivision 1a; repealing Minnesota Statutes 1996, sections 13.99, subdivision 19g; 157.17, subdivision 4; 256.9657, subdivision 1b; 256E.06, subdivision 9; 458D.14, subdivision 2; and 484.015; Laws 1997, chapter 12, article 3, sections 2 and 3; chapter 162, article 1, section 19; chapter 187, article 2, sections 11 and 12; chapter 219, section 3; chapter 225, article 2, sections 24, 25, 26, 27, and 28; chapter 226, section 10; and chapter 239, article 7, section 37.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Chaudhary moved that the House concur in the Senate amendments to H. F. No. 2524 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2524, A bill for an act relating to Minnesota Statutes; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, unconstitutional, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 1996, sections 3C.08, subdivision 1; 3C.12, subdivision 4; 10A.01, subdivision 19; 10A.323; 11A.04; 14.47, subdivision 3; 15A.082, subdivisions 1 and 3; 16B.51, subdivision 1; 32.70, subdivisions 2 and 10; 47.27, subdivision 1; 47.325; 48.846, subdivision 3; 62J.17, subdivision 2; 62Q.03, subdivision 6; 82A.11, subdivision 5; 97A.0455, subdivision 2; 115A.191, subdivisions 2 and 4; 115B.17, subdivision 6; 115B.25, subdivision 7a; 127.09; 127.17, subdivision 4; 134A.01; 144.651, subdivision 1; 144A.45, subdivision 2; 144A.46, subdivision 4; 144A.48, subdivision 2; 145.698, subdivision 1; 145C.01, subdivision 7; 147.02, subdivision 1; 147B.01, subdivisions 5, 12, and 16; 147B.02, subdivisions 4, 7, 9, and 12; 147B.03, subdivisions 1 and 4; 147B.05, subdivision 1; 148B.21, subdivisions 1 and 8; 148B.24; 148B.27, subdivision 2b; 154.161, subdivision 4; 157.17, subdivision 3; 164.08, subdivision 3; 169.421, subdivisions 5 and 7; 169.792, subdivision 7; 169.86, subdivision 1; 169.871, subdivision 2; 169.965, subdivision 3; 169.966, subdivision 3; 169.971, subdivision 4; 169.99, subdivision 3; 190.08, subdivision 6; 204B.11, subdivisions 1 and 2; 204B.34, subdivision 3; 204C.35, subdivision 2; 204D.02, subdivision 1; 204D.08, subdivision 6; 205A.10, subdivision 2; 206.90, subdivision 3; 216C.01, subdivision 1; 256.9657, subdivisions 1a and 7; 257.022, subdivisions 1 and 2a; 257.59, subdivision 1; 268.027; 273.13, subdivision 1; 273.1398, subdivision 6; 273.166, subdivision 2; 284.07; 325F.692, subdivision 2; 345.02; 345.03; 345.14; 346.04; 346.55, subdivision 2; 347.04; 353.01, subdivision 2a; 383A.281, subdivision 13; 383A.286, subdivision 2; 383A.404, subdivision 4; 383B.054, subdivision 6; 383B.057; 383B.121, subdivision 1; 383B.129; 383B.225, subdivision 10; 393.07, subdivision 9; 395.23; 448.56, subdivision 2; 458D.15; 462.16; 465.48; 473.191, subdivision 2; 473.197, subdivision 2; 473.608, subdivision 17; 477A.011, subdivision 27; 477A.0132, subdivision 3; 477A.014, subdivisions 1 and 3; 480.052; 480.054; 480.055, subdivision 1; 480.059, subdivision 2; 480.0591, subdivision 2; 480.19; 484.66, subdivision 2; 485.01; 517.08, subdivision 1b; 550.07; 559.211, subdivision 1; 566.175, subdivision 1; 574.18; 574.34, subdivision 2; 574.35; 611A.21, subdivision 2; 611A.25, subdivision 1; 617.27; 624.7131, subdivision 8; 624.7132, subdivision 13; 624.714, subdivision 12; 625.01; 626.21; 630.17; 631.04; 643.01; and 643.02; Minnesota Statutes 1997 Supplement, sections 15.0591, subdivision 2; 62J.04, subdivision 3; 62J.61, subdivision 2; 62Q.01, subdivision 3; 85A.02, subdivision 5b; 115.58, subdivision 2; 119A.15, subdivision 5a; 144A.45, subdivision 1; 144A.4605, subdivisions 3 and 4; 148B.20, subdivision 1; 157.17, subdivision 2; 161.14, subdivision 41; 169.121, subdivision 3e; 169.123, subdivision 6; 244.09, subdivision 5; 260.015, subdivision 29; 268.145, subdivision 1; 274.01, subdivision 1; 275.011, subdivision 1; 275.065, subdivision 6; 297A.48, subdivisions 1 and 10; 325D.32, subdivision 4; 325D.415; 326.921; 473.249, subdivision 1; 477A.011, subdivision 34; 552.04, subdivision 1; 609.749, subdivision 2; 609.7495, subdivision 1; and 611A.74, subdivision 1a; repealing Minnesota Statutes 1996, sections 13.99, subdivision 19g; 148.976; 157.17, subdivision 4; 256.9657, subdivision 1b; 256E.06, subdivision 9; 458D.14, subdivision 2; and 484.015; Laws 1997, chapter 12, article 3, sections 2 and 3; chapter 162, article 1, section 19; chapter 187, article 2, sections 11 and 12; chapter 219, section 3; chapter 225, article 2, sections 24, 25, 26, 27, and 28; chapter 226, section 10; and chapter 239, article 7, section 37.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


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The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

KrinkieWorkman

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 Senate Files, herewith transmitted:

S. F. Nos. 2118, 2221, 2148, 2384, 2089, 2230, 2031 and 2028.

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. 2163, 2170, 2119, 2525, 2252, 2040, 2429, 2675 and 2402.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2118, A bill for an act relating to elections; authorizing experimental balloting procedures in Hennepin county; amending Minnesota Statutes 1996, section 203B.02, by adding a subdivision.

The bill was read for the first time.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6553

Jefferson moved that S. F. No. 2118 and H. F. No. 2293, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2221, A bill for an act relating to Ramsey county; authorizing extension of a pilot program to test open absentee balloting.

The bill was read for the first time.

McCollum moved that S. F. No. 2221 and H. F. No. 2567, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2148, A bill for an act relating to elections; changing certain absentee ballot provisions; amending Minnesota Statutes 1996, section 203B.02, subdivision 1; Minnesota Statutes 1997 Supplement, section 203B.04, subdivision 1.

The bill was read for the first time.

Osthoff moved that S. F. No. 2148 and H. F. No. 2526, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2384, A bill for an act relating to Chisago county; permitting the appointment of the county recorder.

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

S. F. No. 2089, A bill for an act relating to crime; clarifying liability for the crime of burglary; amending Minnesota Statutes 1996, section 609.582.

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

S. F. No. 2230, A bill for an act relating to human rights; modifying the definition of housing for the elderly; amending Minnesota Statutes 1996, section 363.02, subdivision 2.

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

S. F. No. 2031, A bill for an act relating to commerce; regulating conveyances and other transactions relating to real and personal property; making corrective and conforming changes to the Uniform Partnership Act of 1994; amending Minnesota Statutes 1996, sections 501B.57, subdivision 1, and by adding a subdivision; 507.24; and 580.24; Minnesota Statutes 1997 Supplement, sections 315.121; 322A.88; 323A.1-04; 323A.3-06; and 524.2-403; Laws 1997, chapter 174, article 12, sections 67 and 68; proposing coding for new law in Minnesota Statutes, chapter 507.

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

S. F. No. 2028, A bill for an act relating to traffic regulations; requiring medical emergency vehicle to sound both audible signal and display lighted red light when responding to emergency; amending Minnesota Statutes 1997 Supplement, section 169.17.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6554

S. F. No. 2163, A bill for an act relating to motor vehicles; regulating licensed dealers; providing an exception; amending Minnesota Statutes 1996, section 168.27, subdivision 8; Minnesota Statutes 1997 Supplement, section 168.27, subdivision 1.

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

S. F. No. 2170, A bill for an act relating to recreational vehicles; exempting licensed sellers of boat and snowmobile trailers from certain contract or franchise requirements; exempting watercraft trailers and all-terrain vehicle trailers from the prohibition against sale of motor vehicles on Sunday; amending Minnesota Statutes 1996, sections 168.27, subdivision 22; and 168.275.

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

S. F. No. 2119, A bill for an act relating to local government; authorizing municipalities to provide for contract bid specifications, design, and construction standards; amending Minnesota Statutes 1996, section 471.345, by adding a subdivision.

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

S. F. No. 2525, A bill for an act relating to Ramsey county; authorizing the county to make certain purchases from or through a health care cooperative; proposing coding for new law in Minnesota Statutes, chapter 383A.

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

S. F. No. 2252, A bill for an act relating to crimes; modifying criminal penalties for DWI; authorizing sentences to programs of intensive supervision; making technical correction; amending Minnesota Statutes 1997 Supplement, section 169.121, subdivision 3e.

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

S. F. No. 2040, A bill for an act relating to family law; modifying provisions dealing with the procedure for proceeding directly to hearing in the administrative process; modifying terminology to comport with the rules of court; amending Minnesota Statutes 1997 Supplement, sections 518.5511, subdivisions 1, 3, 3a, and 4; and 518.5512, subdivisions 2, 3, and 4; repealing Minnesota Statutes 1997 Supplement, section 518.5512, subdivision 3a.

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

S. F. No. 2429, A bill for an act relating to the legislative auditor; adding a member to the local government services advisory council; clarifying the appointment of council members; amending Minnesota Statutes 1997 Supplement, section 3.971, subdivision 4.

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

S. F. No. 2675, A bill for an act relating to state employment; allowing the office of technology to designate additional unclassified positions; allowing for the payment of accumulated vacation leave upon layoff; amending Minnesota Statutes 1996, section 43A.17, subdivision 8; Minnesota Statutes 1997 Supplement, section 43A.08, subdivision 1a.

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6555

S. F. No. 2402, A bill for an act relating to commerce; prohibiting the unauthorized possession of, or damage to, merchandise pallets; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

CONSENT CALENDAR

S. F. No. 1440, A bill for an act relating to appellate courts; providing for questions of law certified between the appellate courts of this state and other states and nations; enacting the 1997 Uniform Certification of Questions of Law Act; proposing coding for new law in Minnesota Statutes, chapter 480; repealing Minnesota Statutes 1996, section 480.061.

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 126 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

KnightSmith

The bill was passed and its title agreed to.

GENERAL ORDERS

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


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6556

MOTIONS AND RESOLUTIONS

Greiling moved that the name of Kuisle be stricken and the name of Rest be added as an author on H. F. No. 2320. The motion prevailed.

Entenza moved that his name be stricken and the name of Dawkins be added as chief author on H. F. No. 2784. The motion prevailed.

Folliard moved that the names of Anderson, B., and Smith be added as authors on H. F. No. 2845. The motion prevailed.

Carlson moved that the name of Ness be added as an author on H. F. No. 3062. The motion prevailed.

Knoblach moved that the name of Schumacher be added as an author on H. F. No. 3207. The motion prevailed.

Van Dellen moved that the name of Wenzel be added as an author on H. F. No. 3542. The motion prevailed.

Ness moved that the name of Juhnke be added as an author on H. F. No. 3558. The motion prevailed.

Hasskamp moved that the name of Luther be added as an author on H. F. No. 3576. The motion prevailed.

Hasskamp moved that the name of Rest be added as an author on H. F. No. 3585. The motion prevailed.

McGuire moved that the name of Paymar be added as an author on H. F. No. 3612. The motion prevailed.

Mahon moved that the name of Kahn be added as an author on H. F. No. 3613. The motion prevailed.

Larsen moved that the name of Luther be added as an author on H. F. No. 3638. The motion prevailed.

Dehler moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 11, 1998, when the vote was taken the final passage of H. F. No. 2308." The motion prevailed.

Ness moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 11, 1998, when the vote was taken on the final passage of H. F. No. 2809." The motion prevailed.

Westrom moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 11, 1998, when the vote was taken the final passage of S. F. No. 2111." The motion prevailed.

Olson, E., moved that H. F. No. 2487 be recalled from the Committee on Education and be re-referred to the Committee on Economic Development and International Trade. The motion prevailed.

Dawkins moved that H. F. No. 2540 be recalled from the Committee on Economic Development and International Trade and be re-referred to the Committee on Taxes. The motion prevailed.

Murphy moved that H. F. No. 3282 be recalled from the Committee on Education and be re-referred to the Committee on Capital Investment. The motion prevailed.

Westrom moved that H. F. No. 3378 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Economic Development and International Trade. The motion prevailed.

Osthoff moved that H. F. No. 3460 be recalled from the Committee on Environment, Natural Resources and Agriculture Finance and be re-referred to the Committee on Economic Development and International Trade. The motion prevailed.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6557

Skoglund moved that H. F. No. 3550 be recalled from the Committee on Education and be re-referred to the Committee on Capital Investment. The motion prevailed.

Larsen moved that H. F. No. 3593 be recalled from the Committee on Economic Development and International Trade and be re-referred to the Committee on Governmental Operations. The motion prevailed.

Finseth moved that H. F. No. 3668 be recalled from the Committee on Environment and Natural Resources and be re-referred to the Committee on Governmental Operations. The motion prevailed.

Tomassoni moved that H. F. No. 2814, now on the Technical Consent Calendar, be re-referred to the Committee on Governmental Operations. The motion prevailed.

Murphy, Munger, Huntley, Paymar and Jaros introduced:

House Resolution No. 11, A house resolution commending Lurline J. Baker-Kent, Assistant Commissioner of the Department of Corrections, for her years of devoted service to the people of Minnesota.

SUSPENSION OF RULES

Murphy moved that the rules be so far suspended that House Resolution No. 11 be now considered and be placed upon its adoption. The motion prevailed.

HOUSE RESOLUTION NO. 11

A house resolution commending Lurline J. Baker-Kent, Assistant Commissioner of the Department of Corrections, for her years of devoted service to the people of Minnesota.

Whereas, while raising four sons, Lurline J. Baker-Kent graduated from St. Scholastica College in 1975 and later received her Master's Degree from Metropolitan State University; and

Whereas, after being elected to the Duluth School Board, she was for seven years director of alternative community services for women in the Arrowhead Regional Corrections Department; and in 1981 she was named named Duluth's Woman of the Year; and

Whereas, she served one year as executive director of the St. Paul YWCA, seeking ways to fill the needs of battered, poor, young, and minority women, before being appointed in 1983 as Assistant Commissioner of the Crime Victim and Prevention Services Division of the Department of Corrections; and

Whereas, in 1988 she was appointed to chair the Metropolitan Waste Control Commission and served there ably until 1991; and

Whereas, she rejoined the Department of Corrections as assistant commissioner in 1991, and in that position she has continued to be a model of service and dedication and an inspiration to colleagues; and

Whereas, Lurline J. Baker-Kent has worked with many organizations in regard to human relations, equal opportunity, and affirmative action and has received numerous distinctions; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it commends Lurline J. Baker-Kent, Assistant Commissioner of the Department of Corrections, for her years of devoted service to the people of Minnesota.


Journal of the House - 73rd Day - Thursday, February 12, 1998 - Top of Page 6558

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to Lurline J. Baker-Kent.

Murphy moved that House Resolution No. 11 be now adopted. The motion prevailed and House Resolution No. 11 was adopted.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 16, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, February 16, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives