Journal of the House - 17th Day - Top of Page 327

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

SEVENTEENTH DAY

Saint Paul, Minnesota, Thursday, February 27, 1997

 

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

Prayer was offered by the Reverend Ronald A. Smith, Co-Pastor, Park Open Door Church, St. Paul, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Hausman and Kinkel were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Pelowski 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 - 17th Day - Top of Page 328

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

February 25, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 121, relating to youth initiative grants; adding the Harrison neighborhood to the Sumner-Glenwood neighborhood for purposes of eligibility for certain enrichment grants.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
12132:35 p.m. February 25February 25
26442:30 p.m. February 25February 25

Sincerely,

Joan Anderson Growe
Secretary of State


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REPORTS OF STANDING COMMITTEES

Carlson from the Committee on Education to which was referred:

H. F. No. 130, A bill for an act relating to education; establishing a college savings bond program; authorizing the sale of general obligation bonds in zero coupon form and in small denominations; amending Minnesota Statutes 1996, section 181.06, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 254, A bill for an act relating to courts; providing for open juvenile court hearings and records in proceedings involving children in need of protection or services; amending Minnesota Statutes 1996, section 260.155, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 260.155, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) Except for hearings arising under section 260.261, hearings on any matter shall be without a jury and may be conducted in an informal manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings conducted pursuant to section 260.125 except to the extent that the rules themselves provide that they do not apply. In all adjudicatory proceedings involving a child alleged to be in need of protection or services, the court shall admit only evidence that would be admissible in a civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of protection or services must be proved by clear and convincing evidence.

(b) Except for proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may be continued or adjourned from time to time. In proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may not be continued or adjourned for more than one week unless the court makes specific findings that the continuance or adjournment is in the best interests of the child. If a hearing is held on a petition involving physical or sexual abuse of a child who is alleged to be in need of protection or services or neglected and in foster care, the court shall file the decision with the court administrator as soon as possible but no later than 15 days after the matter is submitted to the court. When a continuance or adjournment is ordered in any proceeding, the court may make any interim orders as it deems in the best interests of the minor in accordance with the provisions of sections 260.011 to 260.301.

(c) Except as otherwise provided in this paragraph, the court shall exclude the general public from hearings under this chapter and shall admit only those persons who, in the discretion of the court, have a direct interest in the case or in the work of the court. The court shall open the hearings to the public in delinquency or extended jurisdiction juvenile proceedings where the child is alleged to have committed an offense or has been proven to have committed an offense that would be a felony if committed by an adult and the child was at least 16 years of age at the time of the offense, except that the court may exclude the public from portions of a certification hearing to discuss psychological material or other evidence that would not be accessible to the public in an adult proceeding.

In addition, in the fourth judicial district the court shall open hearings to the public in:

(1) proceedings involving a child in need of protection or services;


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(2) proceedings for review of foster care status;

(3) proceedings concerning a child who is neglected and in foster care;

(4) proceedings concerning domestic child abuse;

(5) proceedings concerning persons contributing to delinquency or need for protection or services for a child; and

(6) proceedings for termination of parental rights.

(d) In all delinquency cases a person named in the charging clause of the petition as a person directly damaged in person or property shall be entitled, upon request, to be notified by the court administrator in writing, at the named person's last known address, of (1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.

(e) Adoption hearings shall be conducted in accordance with the provisions of laws relating to adoptions.

Sec. 2. Minnesota Statutes 1996, section 260.161, subdivision 2, is amended to read:

Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as otherwise provided in this section, and except for Legal records arising from proceedings or portions of proceedings that are public under section 260.155, subdivision 1, are open to public inspection to the extent provided by the rules of the juvenile court. Except as otherwise provided by this section, none of the records of the juvenile court and none of the records relating to an appeal from a nonpublic juvenile court proceeding, except the written appellate opinion, shall be open to public inspection or their contents disclosed except (a) by order of a court or (b) as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 629.73. The records of juvenile probation officers and county home schools are records of the court for the purposes of this subdivision. Court services data relating to delinquent acts that are contained in records of the juvenile court may be released as allowed under section 13.84, subdivision 5a. This subdivision applies to all proceedings under this chapter, including appeals from orders of the juvenile court, except that this subdivision does not apply to proceedings under section 260.255, 260.261, or 260.315 when the proceeding involves an adult defendant. The court shall maintain the confidentiality of adoption files and records in accordance with the provisions of laws relating to adoptions. In juvenile court proceedings any report or social history furnished to the court shall be open to inspection by the attorneys of record and the guardian ad litem a reasonable time before it is used in connection with any proceeding before the court.

When a judge of a juvenile court, or duly authorized agent of the court, determines under a proceeding under this chapter that a child has violated a state or local law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets and highways, except parking violations, the judge or agent shall immediately report the violation to the commissioner of public safety. The report must be made on a form provided by the department of public safety and must contain the information required under section 169.95.

Sec. 3. [REPEALER.]

Sections 1 and 2 are repealed August 1, 2000.

Sec. 4. [EFFECTIVE DATE; APPLICATION.]

Sections 1 and 2 are effective January 1, 1998, and apply to proceedings and records of proceedings commenced on or after that date."

Delete the title and insert:

"A bill for an act relating to courts; providing for open juvenile court hearings in certain proceedings in the fourth judicial district; providing certain juvenile records are open to public inspection as provided by the rules of juvenile court; amending Minnesota Statutes 1996, sections 260.155, subdivision 1; and 260.161, subdivision 2."

With the recommendation that when so amended the bill pass.

The report was adopted.


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Jefferson from the Committee on Labor-Management Relations to which was referred:

H. F. No. 271, A bill for an act relating to reemployment insurance; modifying wage reporting requirements for employers; amending Minnesota Statutes 1996, section 268.121.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 268.121, is amended to read:

268.121 [WAGE REPORTING.]

Beginning on April 1, 1984, (a) Each employer subject to this chapter shall provide the commissioner with a quarterly report of the wages paid to each employee of that employer covered by this chapter. The report must wage detail report that shall include for each employee the employee's name, social security number, the total wages paid to the employee, and the total number of weeks in which work was performed paid hours worked. For employees exempt from the definition of employee in section 177.23, subdivision 7, the employer shall report 40 hours worked for each week any duties were performed by a full-time employee and shall report a reasonable estimate of the hours worked for each week duties were performed by a part-time employee. The report is due and must be filed at the same time as the contribution report in accordance with rules established by the commissioner for filing of quarterly contribution reports. For the purpose of this section, "wages paid" includes wages actually or constructively paid and wages overdue and delayed beyond the usual time of payment on or before the last day of the month following the end of the calendar quarter.

(b) An employer need not include the name of the employee or other required information on the wage detail report if disclosure is specifically exempted by federal law.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective for wages paid on or after January 1, 1998."

Delete the title and insert:

"A bill for an act relating to reemployment insurance; modifying wage reporting requirements for employers; amending Minnesota Statutes 1996, section 268.121."

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

The report was adopted.

Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 287, A bill for an act relating to veterans; authorizing certain improvements at the Hastings, Luverne, and Silver Bay veterans homes using donated funds.

Reported the same back with the following amendments:

Page 1, after line 22, insert:

"Sec. 2. [FISCAL ACCOUNTING.]

Money donated for purposes listed in section 1 shall be accounted for in accordance with Minnesota Statutes, section 198.161."

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

The report was adopted.


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Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 297, A bill for an act relating to the military; changing the tuition and textbook reimbursement grant program; amending Minnesota Statutes 1996, section 192.501, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 18, after "tuition" insert "for the program in which the person is enrolled"

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 302, A bill for an act relating to education; requiring the state board of education to approve a learning year program unless it adversely affects student learning; providing for alternative school year start dates; amending Minnesota Statutes 1996, sections 120.65; and 126.12, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 120.60, is amended to read:

120.60 [DEFINITION OF FLEXIBLE LEARNING YEAR.]

"Flexible learning year program" means any district plan approved by the state board of education which that utilizes buildings and facilities during the entire year and/or which provides forms of optional scheduling of pupils and personnel during the learning year in elementary and secondary schools or residential facilities for children with a disability.

Sec. 2. Minnesota Statutes 1996, section 120.61, is amended to read:

120.61 [ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.]

The board of any district, with the approval of the state board of education, may establish and operate a flexible learning year program in one or more of the day or residential facilities for children with a disability within the district.

Sec. 3. Minnesota Statutes 1996, section 120.65, is amended to read:

120.65 [ESTABLISHMENT AND APPROVAL; ACCOUNTABILITY.]

The state board of education shall:

(1) establish standards and requirements for the qualification of districts which may to operate on a flexible learning year basis;

(2) establish standards and evaluation criteria for flexible learning year programs consistent with state standards on educational accountability and public reporting; and

(3) prepare and distribute all necessary forms for application by any district for state authorization for a flexible learning year program;


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(4) review the proposed flexible learning year program of any qualified district as to conformity to standards and the evaluation of appropriateness of priorities, workability of procedure and overall value;

(5) approve or disapprove proposed flexible learning year programs.

Sec. 4. Minnesota Statutes 1996, section 120.66, is amended to read:

120.66 [POWERS AND DUTIES OF THE STATE BOARD.]

Subdivision 1. The state board of education shall:

(1) Promulgate rules necessary to the operation of sections 120.59 to 120.67;

(2) Cooperate with and provide supervision of supervise flexible learning year programs to determine compliance with the provisions of sections 120.59 to 120.67, and the state board standards and qualifications, and the proposed program as submitted and approved;

(3) Provide any necessary adjustments of (a) attendance and membership computations and (b) the dates and percentages of apportionment of state aids;

(4) Consistent with the definition of "average daily membership" in section 124.17, subdivision 2, furnish the board of a district implementing a flexible learning year program with a formula for computing average daily membership. This formula shall be computed so that tax levies to be made by the district, state aids to be received by the district, and any and all other formulas based upon average daily membership are not affected solely as a result of adopting this plan of instruction.

Subd. 2. Sections 120.59 to 120.67 shall not be construed to authorize the state board to require the establishment of a flexible learning year program in any district in which the board has not voted to establish, maintain, and operate such a program.

Sec. 5. Minnesota Statutes 1996, section 120.67, is amended to read:

120.67 [TERMINATION OF PROGRAM.]

The board of any district, with the approval of the state board of education, may terminate a flexible learning year program in one or more of the day or residential facilities for children with a disability within the district. This section shall not be construed to permit an exception to section 120.101 or 124.19."

Delete the title and insert:

"A bill for an act relating to education; allowing districts to establish a flexible learning year program; amending Minnesota Statutes 1996, sections 120.60; 120.61; 120.65; 120.66; and 120.67."

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. 317, A bill for an act relating to capital improvements; authorizing towns to exercise eminent domain and other powers for purposes of wastewater infrastructure; authorizing the sale of state bonds; appropriating money for wastewater infrastructure loans and grants; proposing coding for new law in Minnesota Statutes, chapter 444.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.


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

H. F. No. 387, A bill for an act relating to transportation; providing for claims by person incurring injury to person or property while operating recreational vehicle on trunk highway right-of-way; holding department of transportation not liable solely for owning contaminated land; modifying certain provisions relating to the acquisition of property for public purposes; allowing the district court handling eminent domain proceeds to grant judgments for return of overpayments; reserving easement and permit interests to utilities in real property conveyed by commissioner of transportation; exempting government bodies from being required to file certificate of value when real estate is conveyed; amending Minnesota Statutes 1996, sections 3.736, subdivision 3; 115B.03, subdivision 5; 115C.021, by adding a subdivision; 117.025, subdivision 2; 117.155; 160.08, subdivisions 4 and 5; 161.24, subdivision 1; 161.45, by adding a subdivision; and 272.115.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 5, delete section 4

Pages 6 and 7, delete sections 6 to 8

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, delete everything after the semicolon

Page 1, delete lines 3 and 4

Page 1, line 5, delete "right-of-way;"

Page 1, line 6, delete "modifying"

Page 1, delete line 7

Page 1, line 8, delete everything before "allowing"

Page 1, line 16, delete "3.736, subdivision 3;"

Page 1, line 17, delete everything after the semicolon

Page 1, line 18, delete "subdivision 2;" and delete "160.08, subdivisions 4 and 5;"

Page 1, line 19, delete "161.24, subdivision 1;"

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

The report was adopted.

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

H. F. No. 422, A bill for an act relating to economic development; providing funding for the industrial development of certain previously contaminated land; appropriating money; amending Minnesota Statutes 1996, section 115A.908, subdivision 2; repealing Minnesota Statutes 1996, section 115A.908, subdivision 3.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.


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Long from the Committee on Taxes to which was referred:

H. F. No. 427, A bill for an act relating to taxation; extending the duration of the joint property tax advisory committee comprised of the city of St. Paul, Ramsey county, and independent school district No. 625, and making permanent the requirement of joint public hearings; amending Laws 1993, chapter 375, article 7, section 29.

Reported the same back with the following amendments:

Page 1, after line 8, insert:

"Section 1. Minnesota Statutes 1996, section 383A.75, subdivision 3, is amended to read:

Subd. 3. [DUTIES.] The committee is authorized to and shall meet from time to time to make appropriate recommendations for the efficient and effective use of property tax dollars raised by the jurisdictions for programs, buildings, and operations. In addition, the committee shall:

(1) identify trends and factors likely to be driving budget outcomes over the next five years with recommendations for how the jurisdictions should manage those trends and factors to increase efficiency and effectiveness;

(2) agree, by September October 1 of each year, on the appropriate level of overall property tax levy for the three jurisdictions and publicly report such to the governing bodies of each jurisdiction for ratification or modification by resolution;

(3) plan for the joint truth-in-taxation hearings under section 275.065, subdivision 8; and

(4) identify, by December 31 of each year, areas of the budget to be targeted in the coming year for joint review to improve services or achieve efficiencies.

In carrying out its duties, the committee shall consult with public employees of each jurisdiction and with other stakeholders of the city, county, and school district, as appropriate."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "changing the date for determination of a levy amount;"

Page 1, line 6, after "amending" insert "Minnesota Statutes 1996, section 383A.75, subdivision 3;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 444, A bill for an act relating to veterans; establishing a program to pay a monetary bonus to veterans of the Persian Gulf War; imposing a criminal penalty for false application; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 197.

Reported the same back with the following amendments:


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Page 3, line 8, after the period, insert:

" "Veteran" includes any member of a reserve component of the armed forces of the United States, including the national guard, who was ordered to active duty under United States Code, title 10, section 673(b), during the eligibility period for the bonus and who was deployed to a duty station outside the state of Minnesota, as verified by the appropriate service authority. An applicant's DD-214 form showing award of the Southwest Asia service medal during the eligibility period for the bonus will suffice as verification."

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

The report was adopted.

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

H. F. No. 537, A bill for an act relating to public utilities; adding a high voltage transmission line that crosses the state boundary to the definition of a large energy facility; amending Minnesota Statutes 1996, section 216B.2421, subdivision 2.

Reported the same back with the following amendments:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 1996, section 116C.57, subdivision 2, is amended to read:

Subd. 2. [DESIGNATION OF ROUTES; PROCEDURE.] (a) A utility shall apply to the board in a form and manner prescribed by the board for a permit for the construction of a high voltage transmission line. The application shall contain at least two proposed routes. Pursuant to sections 116C.57 to 116C.60, the board shall study, and evaluate the type, design, routing, right-of-way preparation and facility construction of any route proposed in a utility's application and any other route the board deems necessary which was proposed in a manner consistent with rules adopted by the board concerning the form, content, and timeliness of proposals for alternate routes provided, however, that the board shall identify the alternative routes prior to the commencement of public hearings thereon pursuant to section 116C.58. Within one year after the board's acceptance of a utility's application, the board shall decide in accordance with the criteria and standards specified in section 116C.55, subdivision 2, and the considerations specified in section 116C.57, subdivision 4, which proposed route is to be designated. The board may extend for just cause the time limitation for its decision for a period not to exceed 90 days. When the board designates a route, it shall issue a permit for the construction of a high voltage transmission line specifying the type, design, routing, right-of-way preparation and facility construction it deems necessary and with any other appropriate conditions. The board may order the construction of high voltage transmission line facilities which are capable of expansion in transmission capacity through multiple circuiting or design modifications. The board shall publish a notice of its decision in the state register within 30 days of issuance of the permit. No high voltage transmission line shall be constructed except on a route designated by the board, unless it was exempted pursuant to subdivision 5.

(b) When a utility's application under paragraph (a) for a permit for the construction of a high voltage transmission line identifies and proposes the construction of additional transmission lines that are less than 200 kilovolts and that are integral to the utility's proposed construction project, the board shall have and assert jurisdiction over the routing and permitting of those additional lines and shall include the lines in the construction permit. Those additional transmission lines are integral to a high voltage transmission line construction project when:

(1) the design and location of those lines are directly affected by decisions the board makes with respect to the proposed high voltage transmission line;

(2) consideration of the lines cannot be readily separated from the proposed high voltage transmission line construction project; and


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(3) separate consideration of the lines from the proposed high voltage transmission line construction project would result in greater impacts to human settlement and the natural environment.

(c) The provisions of section 116C.61 apply to all transmission lines the board includes in a construction permit."

Page 2, after line 15, insert:

"Sec. 3. [EFFECT ON PENDING APPLICATIONS.]

(a) A utility that has filed an application for a permit under Minnesota Statutes, section 116C.57, subdivision 2, which is pending approval of the environmental quality board as of February 1, 1997, shall not be required to resubmit any previously accepted permit applications or to reinitiate ongoing permitting proceedings under that section as a result of the enactment of section 1.

(b) Proceedings under Minnesota Statutes, section 216B.243, for a certificate of need for a project that has a pending application for a permit under Minnesota Statutes, section 116C.57, subdivision 2, as of February 1, 1997, must be evaluated by the commission based on the criteria existing in law and commission rules as of the effective date of this section, with particular attention and emphasis given to the those criteria that address regional and interstate effects and benefits. These proceedings must not be delayed by any rulemaking the commission undertakes related to Minnesota Statutes, section 216B.243."

Page 2, line 17, delete "1" and insert "2"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "providing for jurisdiction by environmental quality board for constructing transmission lines integral to a high voltage transmission line project;"

Page 1, line 5, delete "section" and insert "sections 116C.57, subdivision 2; and"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

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

H. F. No. 640, A bill for an act relating to local government; permitting the city of Nashwauk to own and operate a gas utility.

Reported the same back with the following amendments:

Page 1, delete lines 6 to 8 and insert:

"The city of Nashwauk may construct and own one gas distribution line connecting an area recently acquired by the city, and not currently served by a natural gas utility, with a natural gas pipeline serving the region. Solely for the purpose of operating this gas line, and distributing gas to customers located in the recently acquired area, the city may establish a municipal gas utility without the election required under Minnesota Statutes, section 412.321, subdivision 2."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.


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

H. F. No. 645, A bill for an act relating to insurance; providing a uniform minimum definition of medically necessary care for mental health coverage in health plans; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Page 1, line 24, after the semicolon, insert "or"

Page 1, line 25, delete "; or" and insert a period

Page 2, delete lines 1 and 2

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. 663, A bill for an act relating to mines and minerals; expanding membership on the mineral coordinating committee; establishing the aggregate resources task force; appropriating money; amending Minnesota Statutes 1996, section 93.002, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 14, delete "at least one" and insert "two" and delete "a member" and insert "members"

Page 2, line 20, delete "at least one" and insert "two" and delete "a member" and insert "members"

Page 3, line 23, delete "each" and insert "in fiscal year 1998 and $50,000 in fiscal" and after "year" insert "1999"

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

The report was adopted.

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

H. F. No. 664, A bill for an act relating to state government; adding authority for the board of water and soil resources to accept and administer federal grants, donations, gifts, and other contributions to achieve authorized objectives of the agency; amending Minnesota Statutes 1996, sections 103B.101, subdivision 9; and 103C.401, subdivision 1.

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

The report was adopted.


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

H. F. No. 704, A bill for an act relating to utilities; exempting large electric power generating plant from certificate of need proceeding when selected by public utilities commission from a bidding process to select resources to meet utility's projected energy demand; amending Minnesota Statutes 1996, section 216B.2422, subdivision 5.

Reported the same back with the following amendments:

Page 1, after line 23, insert:

"(c) A certificate of need proceeding is also not required for an electric power generating plant that has been selected in a bidding process approved or established by the commission, or such other selection process approved by the commission, to satisfy, in whole or in part, the wind power mandate of section 216B.2423 or the biomass mandate of section 216B.2424.

(d) In approving or establishing a competitive bidding process under this subdivision, the commission shall provide for reasonable public scrutiny of the bidding process and its results."

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.

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

H. F. No. 711, A bill for an act relating to environment; providing for an annual funding allocation to soil and water conservation districts; amending Minnesota Statutes 1996, section 103C.401, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 103C.401, is amended by adding a subdivision to read:

Subd. 3. [GENERAL SERVICES ALLOCATION.] Subject to an appropriation for this purpose, the board shall provide an annual allocation of funding for each organized district in the state, subject to the following restrictions:

(1) the allocation to a district in any fiscal year may not be less than $30,000; and

(2) if county funding for a district is reduced from the previous fiscal year funding level, the allocation under this subdivision must be reduced by an equal amount."

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

The report was adopted.

Jefferson from the Committee on Labor-Management Relations to which was referred:

H. F. No. 781, A bill for an act relating to workers' compensation; increasing the time limit for temporary total disability; increasing the time limit for temporary partial disability; modifying the definition of permanent total disability; eliminating the time limit for requests for retraining; amending Minnesota Statutes 1996, sections 176.101, subdivisions 1, 2, and 5; and 176.102, subdivision 11.


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Reported the same back with the following amendments:

Page 7, line 9, strike "225-week or 450-week"

Page 7, line 10, strike "limitations" and insert "500-week limitation"

Page 7, after line 36, insert:

"Sec. 5. Minnesota Statutes 1996, section 176.121, is amended to read:

176.121 [COMMENCEMENT OF COMPENSATION.]

In cases of temporary total or temporary partial disability no compensation is allowed for the three calendar days after the disability commenced, except as provided by section 176.135, nor in any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in section 176.141. If the disability continues for ten calendar days or longer, the compensation is computed from the commencement of the disability. Disability is deemed to commence on the first calendar day or fraction of a calendar day that the employee is unable to work.

Sec. 6. Minnesota Statutes 1996, section 176.191, subdivision 1, is amended to read:

Subdivision 1. [ORDER; EMPLOYER, INSURER, OR SPECIAL COMPENSATION FUND PAYMENT.] Where compensation benefits are payable under this chapter, and a dispute exists between two or more employers or two or more insurers or the special compensation fund as to which is liable for payment, the commissioner, compensation judge, or court of appeals upon appeal shall direct that one or more of the employers or insurers the most recent employer or insurer or the special compensation fund make payment of the benefits pending a determination of which has liability. The special compensation fund may be ordered to make payment only if it has been made a party to the claim because the petitioner has alleged that one or more of the employers is uninsured for workers' compensation under section 176.183. A temporary order may be issued under this subdivision whether or not the employers, insurers, or special compensation fund agree to pay under the order.

When liability has been determined, the party held liable for the benefits shall be ordered to reimburse any other party for payments which the latter has made, including interest at the rate of 12 percent a year. The claimant shall also be awarded a reasonable attorney fee, to be paid by the party held liable for the benefits.

An order directing payment of benefits pending a determination of liability may not be used as evidence before a compensation judge, the workers' compensation court of appeals, or court in which the dispute is pending."

Amend the title as follows:

Page 1, line 7, after the semicolon, insert "eliminating the three day waiting period for compensation after commencement of disability; providing for payment of certain disputed benefits;"

Page 1, line 8, delete the second "and"

Page 1, line 9, after "11" insert "; 176.121; and 176.191, subdivision 1"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 254, 271, 302, 645 and 781 were read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Clark, Wejcman, Delmont, Mariani and Mulder introduced:

H. F. No. 991, A bill for an act relating to child care; providing for certain grants; expanding uses for certain funds; appropriating money; amending Minnesota Statutes 1996, sections 119B.20, subdivisions 7 and 9; and 119B.21, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 119B.

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

Murphy and Anderson, I., introduced:

H. F. No. 992, A bill for an act relating to the town of Thomson; authorizing the establishment of a detached facility.

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

Milbert, Garcia, Orfield and Ozment introduced:

H. F. No. 993, A bill for an act relating to taxation; providing that certain sales of copies of transcripts produced by court reporters are exempt from the sales tax; amending Minnesota Statutes 1996, section 297A.25, by adding a subdivision.

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

McElroy introduced:

H. F. No. 994, A bill for an act relating to taxation; property; providing relative homestead treatment in the case of certain involuntary absences; amending Minnesota Statutes 1996, section 273.124, subdivision 1.

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

McElroy, Rest, Macklin, Abrams and Long introduced:

H. F. No. 995, A bill for an act relating to taxation; allowing for joint truth in taxation hearings to be held in some cases; amending Minnesota Statutes 1996, section 275.065, by adding a subdivision.

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

Carruthers, Haas, Luther and Carlson introduced:

H. F. No. 996, A bill for an act relating to crime; appropriating money for the northwest community law enforcement project.

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

Pugh, Jennings, Daggett and Commers introduced:

H. F. No. 997, A bill for an act relating to commerce; regulating rental-purchase agreements; modifying the definitions of certain terms; providing evidence of the cash price of property; limiting charges for cost-of-lease services; amending Minnesota Statutes 1996, sections 325F.84, subdivision 3, and by adding a subdivision; 325F.85; and 325F.91, by adding subdivisions.

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


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Biernat, Dawkins, Kelso, Greiling and Seagren introduced:

H. F. No. 998, A bill for an act relating to education; creating an exemption to the licensure requirement for superintendents; amending Minnesota Statutes 1996, section 123.34, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 125.

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

Seifert, Tunheim, Harder and Pelowski introduced:

H. F. No. 999, A bill for an act relating to education; eliminating the profile of learning requirement of the graduation rule; amending Minnesota Statutes 1996, sections 121.11, subdivision 7c, as amended; and 121.1115, subdivision 2.

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

Long, Rest, Munger, Ozment and Dehler introduced:

H. F. No. 1000, A bill for an act relating to planning; establishing goals for community-based planning; permitting counties and municipalities to prepare community-based plans; requiring the metropolitan council to meet the community-based planning goals; establishing an advisory council to develop the framework for implementing community-based planning; appropriating money; amending Minnesota Statutes 1996, sections 394.24, subdivision 1; and 462.357, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 4A; 394; 462; and 473.

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

Tomassoni; Anderson, I.; Davids; Boudreau and Abrams introduced:

H. F. No. 1001, A bill for an act relating to insurance; regulating exclusive agencies; increasing civil penalties for violation of agent rights; prohibiting enforcement of certain agreements against terminated agents; requiring notice to policy owners prior to transfer of an agent's book of business; amending Minnesota Statutes 1996, sections 45.027, subdivision 6; 60A.172; and 72A.502, by adding a subdivision.

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

Farrell, Rukavina, Ozment, Osskopp and Kahn introduced:

H. F. No. 1002, A bill for an act relating to public safety; modifying fire protection industry regulations; providing for a civil penalty; amending Minnesota Statutes 1996, sections 299M.01, subdivision 2; 299M.03, subdivision 2; 299M.04; and 299M.06; repealing Minnesota Statutes 1996, sections 299M.05; and 299M.11, subdivision 3.

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

Milbert, Macklin, Pugh, Commers and Pawlenty introduced:

H. F. No. 1003, A bill for an act relating to corrections; establishing a pilot project in Dakota county to assist counties, school districts, and cities to establish family group conferencing programs; diverting alleged offenders; providing for grants to be used in programs in the first judicial district; appropriating money.

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


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Entenza; Weaver; Chaudhary; Swenson, D., and Skoglund introduced:

H. F. No. 1004, A bill for an act relating to crimes; striking the requirement that a second chemical test be available to a person accused of driving while impaired; making various changes to the implied consent hearing process involving what must be stated in the petition, available discovery, the burden of proof, and the scope of the hearing; requiring health professionals to report injuries resulting from motor vehicle accidents that involve alcohol or controlled substances; imposing criminal penalties; amending Minnesota Statutes 1996, sections 169.123, subdivisions 3, 5c, and 6; 626.52; 626.53, subdivision 1; and 634.15, subdivision 2.

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

Tomassoni; Anderson, I.; Davids; Marko and Abrams introduced:

H. F. No. 1005, A bill for an act relating to insurance; Minnesota Insurance Guaranty Act; conforming state law to provisions of the Post-Assessment Property and Liability Insurance Guaranty Association Model Act of the National Association of Insurance Commissioners; amending Minnesota Statutes 1996, sections 60C.02; 60C.03, subdivisions 6, 8, and by adding a subdivision; 60C.05, subdivision 1; 60C.07, subdivision 2; 60C.09; 60C.11, subdivision 5; 60C.13, subdivision 1; 60C.14, subdivision 2; 60C.15; 60C.19; and 60C.21, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 60C; repealing Minnesota Statutes 1996, section 60C.06, subdivision 6.

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

Munger, Kalis, Leppik, McCollum and Bishop introduced:

H. F. No. 1006, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending indefinitely the period during which at least 40 percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund.

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

Pelowski introduced:

H. F. No. 1007, A bill for an act relating to elections; providing for presidential primaries by mail; amending Minnesota Statutes 1996, sections 204B.45, subdivision 3, and by adding a subdivision; 207A.01; 207A.02, subdivision 1a; 207A.03; 207A.04, subdivision 3; 207A.06, subdivision 2; 207A.08; and 207A.09; proposing coding for new law in Minnesota Statutes, chapter 207A; repealing Minnesota Statutes 1996, section 207A.07.

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

Tuma, Leppik, Dehler, Milbert and Paulsen introduced:

H. F. No. 1008, A bill for an act relating to education; changing conditions for state grants by reducing the student share; raising the living and miscellaneous allowance; providing work-study for grant recipients; appropriating money; amending Minnesota Statutes 1996, sections 136A.121, subdivision 5; and 136A.233, subdivisions 1 and 3.

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

Commers and Paulsen introduced:

H. F. No. 1009, A bill for an act relating to the legislature; reducing the number of members of the senate and house of representatives; amending Minnesota Statutes 1996, sections 2.021; and 2.031, subdivision 1.

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


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Tomassoni, Solberg and Rukavina introduced:

H. F. No. 1010, A bill for an act relating to economic development; creating a grant program to research new technology for the taconite industry; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

McGuire and Paymar introduced:

H. F. No. 1011, A bill for an act relating to domestic abuse; changing procedures and terminology for presentence domestic abuse investigations; amending Minnesota Statutes 1996, section 609.2244.

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

Paymar, Hausman, Mullery, Mariani and Dawkins introduced:

H. F. No. 1012, A bill for an act relating to economic development; modifying requirements of the contamination cleanup grant program; appropriating money; amending Minnesota Statutes 1996, sections 116J.553, subdivision 2; and 116J.554, subdivision 1.

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

Biernat, Dawkins, Larsen, Chaudhary and Skoglund introduced:

H. F. No. 1013, A bill for an act relating to marriage dissolution; providing for parent education and cooperation for the children program pilot projects; changing certain visitation dispute resolution procedures; changing certain terminology; requiring a notice; appropriating money; amending Minnesota Statutes 1996, sections 518.157; 518.175, subdivision 6; 518.1751; 518.18; 518.68, subdivision 2; and 626.556, subdivision 2.

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

Trimble, Kalis, Gunther and Kahn introduced:

H. F. No. 1014, A bill for an act relating to economic development; providing incentives to produce films in Minnesota; appropriating money.

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

Lieder, Kalis, Skare, Schumacher and Molnau introduced:

H. F. No. 1015, A bill for an act relating to transportation; authorizing issuance of additional state transportation bonds to match federal funds for replacement or rehabilitation of, local deficient bridges; increasing an earlier appropriation; amending Laws 1996, chapter 463, section 19, subdivision 4.

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

Leighton, Entenza, Dawkins, Biernat and Skoglund introduced:

H. F. No. 1016, A bill for an act relating to child support enforcement; authorizing disclosure of certain data to the attorney general; providing for certain financial data matches; changing provisions for driver's license suspension, motor vehicle liens, payment agreements, and child support judgments; providing for publication of a "Most Wanted" list; providing


Journal of the House - 17th Day - Top of Page 345

for case reviewers; providing for a child support lien; requiring mandatory jail time for certain offenders; requiring a study; appropriating money; specifying penalties; amending Minnesota Statutes 1996, sections 13.46, subdivision 2; 518.551, subdivisions 13 and 14; 518.553; 518.575; 548.091, subdivisions 1a, 2a, 3a, and by adding subdivisions; and 609.375, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 13B; 518; and 548; repealing Minnesota Statutes 1996, section 609.375, subdivisions 3, 4, and 6.

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

Dawkins, Greenfield, Goodno, Jennings and Mariani introduced:

H. F. No. 1017, A bill for an act relating to education; amending eligibility requirements for individuals participating in youth community service; appropriating money; amending Minnesota Statutes 1996, section 121.707, subdivisions 1, 3, and 5.

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

Koppendrayer, Hilty and Dempsey introduced:

H. F. No. 1018, A bill for an act relating to education; authorizing a capital grant to independent school district No. 473, Isle; appropriating money.

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

McGuire, Paymar and Skoglund introduced:

H. F. No. 1019, A bill for an act relating to crime prevention; authorizing local regulation of pistols and semiautomatic military-style assault weapons in certain situations; amending Minnesota Statutes 1996, sections 471.633; and 624.717; repealing Minnesota Statutes 1996, sections 624.7131, subdivision 12; and 624.7132, subdivision 16.

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

Entenza, Biernat and Leighton introduced:

H. F. No. 1020, A bill for an act relating to education; establishing a grant program to increase graduation rates and decrease juvenile crime; appropriating money.

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

Mariani, Trimble, Osthoff, Broecker and Farrell introduced:

H. F. No. 1021, A bill for an act relating to human services; authorizing a jobs-plus welfare reform pilot project in Ramsey county; proposing coding for new law as Minnesota Statutes, chapter 256J.

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

Mariani, Dawkins, Hausman, McGuire and Trimble introduced:

H. F. No. 1022, A bill for an act relating to legal immigrants in Ramsey county; appropriating money.

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


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Clark, Pugh and Wejcman introduced:

H. F. No. 1023, A bill for an act relating to prostitution; appropriating money for support services and staff coordination of support services for women leaving systems of prostitution.

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

Clark, Wejcman and Delmont introduced:

H. F. No. 1024, A bill for an act relating to health; providing that a state agency may not use patient medical records for disciplinary proceedings against a health care provider without the patient's informed consent; amending Minnesota Statutes 1996, sections 13.42, subdivision 3; 144.335, subdivision 3a; 147.131; 147.161, subdivision 3; 147A.15, subdivision 3; 147A.17, subdivision 3; 148.104; 148.106, subdivision 10; 148.191, subdivision 2; 148.265; 148.941, subdivision 4; 148B.09; 148B.175, subdivision 5; 148B.63, subdivision 5; 148B.66, subdivision 1; 150A.081, subdivision 2; 153.20; and 153.23, subdivision 2.

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

Clark, Hausman, Wejcman and Delmont introduced:

H. F. No. 1025, A bill for an act relating to controlled substances; medical care; allowing physicians to prescribe marijuana and Tetrahydrocannabinols for the treatment of specified medical conditions; amending Minnesota Statutes 1996, section 152.02, subdivisions 2 and 3; proposing coding for new law in Minnesota Statutes, chapter 152; repealing Minnesota Statutes 1996, section 152.21.

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

Clark, Greenfield, Wejcman, Delmont and Mulder introduced:

H. F. No. 1026, A bill for an act relating to human services; authorizing the commissioner of human services to develop a pilot project in assisted living services for senior citizens; appropriating money.

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

Milbert, Carruthers, Abrams, Commers and Rest introduced:

H. F. No. 1027, A bill for an act relating to taxation; reducing the property tax class rates on certain apartments; amending Minnesota Statutes 1996, section 273.13, subdivision 25.

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

Dawkins; Long; Johnson, A.; Weaver and Kelso introduced:

H. F. No. 1028, A bill for an act relating to education; directing the commissioner to consult with commission members before selecting a commission director; removing the repeal of the youth works program; appropriating money; amending Minnesota Statutes 1996, section 121.703, subdivision 3; repealing Laws 1993, chapter 146, article 5, section 20.

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


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Mares, Carlson, Farrell, Weaver and Seifert introduced:

H. F. No. 1029, A bill for an act relating to education; adopting working group recommendations for conducting teacher background checks; amending Minnesota Statutes 1996, section 120.1045.

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

Peterson, Wenzel, Lieder, Otremba and Molnau introduced:

H. F. No. 1030, A bill for an act relating to agriculture; exempting vehicles carrying milk from seasonal weight restrictions on local roads under certain circumstances; amending Minnesota Statutes 1996, section 169.87, by adding a subdivision.

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

Hasskamp, Chaudhary, Paymar, McGuire and Bishop introduced:

H. F. No. 1031, A bill for an act relating to domestic abuse; providing requirements for family visitation centers; requiring dissolution petitions to include information on orders for protection; creating a presumption of supervised visitation when an order for protection exists; imposing standards for individuals who supervise visitation; raising the penalties for first-time violators and repeat violators of domestic abuse orders; providing increased penalties when offense is committed while possessing a dangerous weapon; making a finding of domestic abuse binding on a subsequent custody proceeding; funding a pilot project for a combined jurisdiction family court; providing criminal penalties; appropriating money; amending Minnesota Statutes 1996, sections 256F.09, subdivisions 2 and 3; 518.10; 518.131, subdivision 8; 518.175, subdivision 5, and by adding a subdivision; and 518B.01, subdivisions 4, 6, 8, 14, 17, and 18.

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

Entenza introduced:

H. F. No. 1032, A bill for an act relating to commerce; providing powers and duties to the commissioner; regulating securities; modifying the real estate licensing exemption for closing agents; regulating real property appraisers; regulating residential building contractors and remodelers; modifying licensing requirements for collection agencies; regulating notaries public; making technical changes; amending Minnesota Statutes 1996, sections 45.011, subdivision 1; 45.028, subdivision 1; 80A.04, subdivisions 3, 4, and by adding a subdivision; 80A.05, subdivisions 4, 5, and by adding a subdivision; 80A.06, subdivisions 1, 2, and 3; 80A.08; 80A.12, by adding a subdivision; 80A.14, subdivision 3, and by adding subdivisions; 80A.15, subdivisions 1 and 2; 80A.28, subdivisions 1 and 2; 82.20, subdivision 15; 82B.13, subdivisions 1, 4, and 5; 82B.14; 326.83, subdivision 11; 326.84, subdivision 3; 326.921; 332.33, subdivision 1, and by adding a subdivision; 332.34; 359.061; and 359.071; proposing coding for new law in Minnesota Statutes, chapters 45; 60K; and 80A; repealing Minnesota Statutes 1996, section 60K.07, subdivision 1.

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

Entenza; Leighton; Seagren; Swenson, D., and Paymar introduced:

H. F. No. 1033, A bill for an act relating to crime; imposing criminal penalties on persons who commit certain unlawful acts relating to charitable solicitation, consumer fraud, deceptive trade practices, or false advertising against a victim who is elderly or handicapped; proposing coding for new law in Minnesota Statutes, chapter 609.

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


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Entenza introduced:

H. F. No. 1034, A bill for an act relating to animals; increasing certain penalties for cruelty to animals; defining acts or omissions constituting cruelty or abuse; imposing criminal penalties; amending Minnesota Statutes 1996, sections 343.20, subdivision 3, and by adding subdivisions; 343.21, subdivisions 1, 2, 7, 10, and by adding subdivisions; and 343.27; repealing Minnesota Statutes 1996, sections 343.21, subdivision 9; and 346.57.

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

Johnson, A., and Biernat introduced:

H. F. No. 1035, A bill for an act relating to employment; modifying the definition of wage; amending Minnesota Statutes 1996, section 177.23, subdivision 4.

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

Macklin, Jennings, Goodno and Skoglund introduced:

H. F. No. 1036, A bill for an act relating to human services; establishing program integrity initiatives; providing access to child support enforcement central registry; amending Minnesota Statutes 1996, sections 13.46, subdivision 2; 13.82, subdivision 1; 13.99, by adding a subdivision; 256.01, subdivision 2; 256.017, subdivision 2; 256.019; 256.045, subdivision 3; 256.046; 256.98, subdivisions 1, 3, 4, and 8; 256.983, subdivisions 1 and 4; 256.984, subdivision 1; 256.986; 256.9861, subdivisions 1, 2, 4, and 5; 256.998, by adding subdivisions; 256B.056, subdivision 1a; 256B.057, subdivision 2a; 256D.09, subdivision 6; 270A.03, subdivision 5; 388.23, subdivision 1; and 393.07, subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Daggett; Olson, E., and Westfall introduced:

H. F. No. 1037, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Becker county.

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

Goodno; Rukavina; Jefferson; Johnson, A., and Tingelstad introduced:

H. F. No. 1038, A bill for an act relating to employment; providing for a wage protection program; providing penalties; appropriating money; amending Minnesota Statutes 1996, section 268.022, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Finseth, Tunheim, Bakk, Westrom and Olson, E., introduced:

H. F. No. 1039, A bill for an act relating to firearms; providing that permits to carry a firearm must be issued to responsible, competent adults; amending Minnesota Statutes 1996, section 624.714, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 1996, section 624.714, subdivisions 2, 3, 4, 5, 6, 7, 8, and 10.

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


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Mariani, Trimble, Osthoff, Holsten and McCollum introduced:

H. F. No. 1040, A bill for an act relating to natural resources; appropriating money for restoring vegetation along the Mississippi river.

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

Mulder introduced:

H. F. No. 1041, A bill for an act relating to agriculture; exempting farmers from paying tax on gasoline and special fuel received in on-farm bulk storage tanks, when used for tax-exempt purposes; amending Minnesota Statutes 1996, section 296.141, subdivision 4.

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

Mulder introduced:

H. F. No. 1042, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of the state; amending Minnesota Statutes 1996, sections 297A.25, subdivision 11; and 297A.47.

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

Farrell and Trimble introduced:

H. F. No. 1043, A bill for an act relating to public improvements; authorizing the issuance of bonds for the construction of a community-based school facility in St. Paul; appropriating money.

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

Farrell and Trimble introduced:

H. F. No. 1044, A bill for an act relating to education; providing for the construction of a community-based school facility in St. Paul; appropriating money.

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

Farrell and Anderson, I., introduced:

H. F. No. 1045, A bill for an act relating to insurance; prohibiting a surcharge for an automobile accident in which the insured is a passenger in a bus, taxi, or commuter van; amending Minnesota Statutes 1996, section 65B.133, by adding a subdivision.

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

Tingelstad, Osthoff, Munger, Stang and Weaver introduced:

H. F. No. 1046, A bill for an act relating to natural resources; appropriating money for a grant to the University of Minnesota's raptor center.

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


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Johnson, R.; Kalis; Gunther; Swenson, H., and Dorn introduced:

H. F. No. 1047, A bill for an act relating to education; appropriating money to fund the south central Minnesota talented youth program.

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

Farrell and Trimble introduced:

H. F. No. 1048, A bill for an act relating to crime prevention; providing for a 15-year limit to the mandatory dismissal of certain private detective or protective agent employees after background checks are completed; amending Minnesota Statutes 1996, section 326.336, subdivision 1.

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

Workman; Tunheim; Swenson, H.; Paulsen and Marko introduced:

H. F. No. 1049, A bill for an act relating to motor carriers; requiring registration and converting existing permits of household goods movers; exempting household goods movers from requirements to file tariffs; establishing safety standards for movers; providing for schedules of rates and charges by movers; requiring shipping documents and authorizing binding and nonbinding estimates by movers; requiring provision of identifying information on movers; providing for complaint resolution procedures by movers; eliminating service area restrictions on movers; amending Minnesota Statutes 1996, sections 221.011, subdivision 23, and by adding a subdivision; and 221.036, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 221; repealing Minnesota Statutes 1996, sections 221.121, subdivision 6a; and 221.171, subdivision 2.

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

Dorn; Gunther; Swenson, H.; Kalis and Hausman introduced:

H. F. No. 1050, A bill for an act relating to state lands; authorizing the conveyance of tax-forfeited land to the city of Mankato.

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

Smith and Murphy introduced:

H. F. No. 1051, A bill for an act relating to marriage dissolution; requiring accounting for child support or assistance; amending Minnesota Statutes 1996, section 518.57, by adding a subdivision.

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

Koppendrayer, Seagren, Greiling, Biernat and Kielkucki introduced:

H. F. No. 1052, A bill for an act relating to education; extending the Post-secondary Enrollment Options Act to include nonpublic school students; amending Minnesota Statutes 1996, section 123.3514, subdivisions 3, 4, 4a, 4e, and 6c.

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


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Pelowski, Rostberg and Rifenberg introduced:

H. F. No. 1053, A bill for an act relating to health; authorizing the emergency medical services regulatory board to adopt rules to establish a registration program for first responders; amending Minnesota Statutes 1996, section 144.801, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Tunheim, Kalis, Lieder, Hilty and Finseth introduced:

H. F. No. 1054, A bill for an act relating to the environment; modifying requirements relating to individual sewage treatment systems; giving the commissioner of the pollution control agency certain interim authority; amending Minnesota Statutes 1996, section 115.55, subdivisions 1, 2, 3, 5, and 6.

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

Molnau, Tingelstad, Smith, Rukavina and Macklin introduced:

H. F. No. 1055, A bill for an act relating to firearms; providing that permits to carry a firearm must be issued to responsible, competent adults; amending Minnesota Statutes 1996, section 624.714, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 1996, section 624.714, subdivisions 2, 3, 4, 5, 6, 7, 8, and 10.

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

Greenfield introduced:

H. F. No. 1056, A bill for an act relating to health; modifying the provisions related to the receivership of nursing homes and certified boarding care homes; appropriating money; amending Minnesota Statutes 1996, section 144A.15; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 1996, section 144A.14.

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

Greenfield and Clark introduced:

H. F. No. 1057, A bill for an act relating to human services; repealing the Medicare certification requirement in the Medicare maximization program for certain providers; repealing Minnesota Statutes 1996, section 256B.071, subdivision 4.

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

Greenfield and Huntley introduced:

H. F. No. 1058, A bill for an act relating to MinnesotaCare; making technical, policy, and administrative changes and corrections to MinnesotaCare taxes; amending Minnesota Statutes 1996, sections 295.50, subdivisions 3, 4, 6, 7, 13, 14, and by adding a subdivision; 295.51, subdivision 1; 295.52, subdivisions 1b and 4; 295.53, subdivisions 1, 3, 4, and 5; 295.54, subdivision 1; 295.55, subdivision 2; and 295.582.

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


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Gunther; Kalis; Kuisle; Anderson, B., and Swenson, H., introduced:

H. F. No. 1059, A bill for an act relating to the environment; authorizing establishment of a statewide individual sewage treatment system cost-share program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103C.

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

Smith introduced:

H. F. No. 1060, A bill for an act relating to insurance; providing that nonrenewals on homeowner's policies must be based on the total amount paid by the insurer on claims and not the number of claims; amending Minnesota Statutes 1996, section 65A.29, subdivision 8.

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

Chaudhary, Skoglund, Bishop, Murphy and Swenson, D., introduced:

H. F. No. 1061, A bill for an act relating to crimes; driving while impaired; increasing criminal penalties, minimum sentences, and administrative sanctions for driving motor vehicles and operating recreational vehicles with an alcohol concentration of 0.20 or more; providing more severe requirements concerning conditional release and electronic alcohol monitoring pending trial, alcohol use assessment and treatment, driver's license revocation, license plate impoundment, and vehicle forfeiture; making technical changes; amending Minnesota Statutes 1996, sections 84.91, subdivisions 1 and 5; 84.912, subdivision 1; 86B.331, subdivisions 1 and 5; 86B.337, subdivision 1; 168.042, subdivisions 1, 2, 4, 9, and 11; 169.121, subdivisions 1, 1c, 2, 3, 3a, 3b, and 4; 169.1211, subdivision 1, and by adding a subdivision; 169.1217, subdivision 1; and 169.126, subdivision 1.

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

Tomassoni; Kelso; Johnson, A.; Solberg and Carlson introduced:

H. F. No. 1062, A bill for an act relating to education; providing for historic building revenue; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Tomassoni; Kelso; Johnson, A.; Solberg and Carlson introduced:

H. F. No. 1063, A bill for an act relating to education; authorizing an increased retired employee health benefits levy; amending Minnesota Statutes 1996, section 124.916, subdivision 2.

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

Leppik introduced:

H. F. No. 1064, A bill for an act relating to higher education; clarifying the mission of the Minnesota state colleges and universities; amending Minnesota Statutes 1996, sections 135A.052, subdivision 1; and 136F.05.

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


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Weaver, Kraus, Tingelstad, Macklin and Dempsey introduced:

H. F. No. 1065, A bill for an act relating to marriage; clarifying that only persons of the opposite sex may legally marry; providing that same-sex marriages recognized in other states are not recognized in this state; amending Minnesota Statutes 1996, sections 517.01; 517.03; 517.08, subdivision 1a; and 517.20.

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

Greenfield introduced:

H. F. No. 1066, A bill for an act relating to transportation; making seat belt violation a primary offense; amending Minnesota Statutes 1996, section 169.686, subdivision 1.

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

Wenzel introduced:

H. F. No. 1067, A resolution memorializing the President, Congress, and the Secretary of Agriculture of the United States to design and implement adjustments to the federal milk marketing order system that are equitable to Minnesota's family dairy farmers; including reassessment of the use of wholesale price indicators derived from trade on the Green Bay Cheese Exchange.

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

Wenzel and Mulder introduced:

H. F. No. 1068, A bill for an act relating to agriculture; directing the commissioners of agriculture and transportation to conduct a pilot project on the use of soy-based biodiesel in state highway maintenance vehicles; appropriating money.

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

Pawlenty introduced:

H. F. No. 1069, A bill for an act relating to employment; providing immunity for references; amending Minnesota Statutes 1996, section 181.931, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Knoblach; Rifenberg; Westrom; Swenson, H., and Westfall introduced:

H. F. No. 1070, A bill for an act relating to employment; providing immunity for certain employment-related disclosures; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Mulder, Solberg, McCollum, Leppik and Weaver introduced:

H. F. No. 1071, A bill for an act relating to professions; modifying certain board of psychology requirements relating to education, supervision, and disclosure of patient confidences; amending Minnesota Statutes 1996, section 148.907, subdivisions 2 and 4; 148.908, subdivision 2; and 148.925, subdivision 7; repealing Minnesota Statutes 1996, section 148.976.

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


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Mulder, Solberg, McCollum, Leppik and Weaver introduced:

H. F. No. 1072, A bill for an act relating to professions; modifying enforcement provisions for the board of psychology; providing criminal penalties; amending Minnesota Statutes 1996, section 148.941, subdivision 6, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 148.

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

Mulder, Solberg, McCollum, Leppik and Weaver introduced:

H. F. No. 1073, A bill for an act relating to professions; providing for part-time practice and emeritus registration by licensees of the board of psychology; amending Minnesota Statutes 1996, sections 148.941, subdivision 2; and 148.96, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 148.

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

Peterson, by request, introduced:

H. F. No. 1074, A bill for an act relating to taxation; abolishing the truth in taxation hearings; amending Minnesota Statutes 1996, sections 275.065, subdivisions 3, 5a, and 6; 375.194, subdivision 5; 383A.75, subdivision 3; and 473.13, subdivision 1; repealing Minnesota Statutes 1996, section 275.065, subdivision 8.

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

Pugh, Tunheim, McGuire, Macklin and Swenson, D., introduced:

H. F. No. 1075, A bill for an act relating to health; regulating professional health services under the professional corporation act; amending Minnesota Statutes 1996, sections 319A.02, by adding a subdivision; 319A.04; and 319A.11, subdivision 1.

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

McGuire and Dawkins introduced:

H. F. No. 1076, A bill for an act relating to civil actions; clarifying admissibility of evidence regarding seat belts and child passenger restraint systems in certain actions; amending Minnesota Statutes 1996, section 169.685, subdivision 4.

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

McGuire introduced:

H. F. No. 1077, A bill for an act proposing an amendment to the Minnesota Constitution, article VI, sections 7 and 8; providing for appointment of judges by the governor from candidates submitted by the judicial selection commission; providing for retention elections of judges; amending Minnesota Statutes 1996, sections 2.722, subdivision 4; 204B.06, subdivision 4; 204B.08, subdivision 3; 204B.34, subdivision 3; 204D.14, subdivision 2; 480A.02, subdivisions 3 and 5; and 480B.01, subdivisions 1, 10, and 11; repealing Minnesota Statutes 1996, sections 204B.06, subdivision 6; and 204B.36, subdivisions 4 and 5.

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


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Koskinen, Ozment, Rest, Dawkins and Farrell introduced:

H. F. No. 1078, A bill for an act relating to public employment; providing rights and procedures for certain public employees of local government units who are displaced as a result of a transfer of the provision of services from one local government unit to another local government unit; proposing coding for new law in Minnesota Statutes, chapter 465.

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

Garcia, McElroy, Macklin, Dawkins and Milbert introduced:

H. F. No. 1079, A bill for an act relating to taxation; sales and use tax; exempting construction material used in building certain low- and moderate-income housing; appropriating money; amending Minnesota Statutes 1996, sections 297A.15, by adding a subdivision; and 297A.25, by adding a subdivision.

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

Jennings, Workman, Goodno and Dorn introduced:

H. F. No. 1080, A bill for an act relating to health; modifying licensing provisions for plumbers and water conditioning contractors; amending Minnesota Statutes 1996, sections 326.41; 326.42; and 326.62; repealing Minnesota Statutes 1996, sections 326.40, subdivision 5; and 326.601, subdivision 4.

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

Carruthers introduced:

H. F. No. 1081, A bill for an act relating to health; providing that health plan companies are not eligible for the MinnesotaCare antitrust exemption; amending Minnesota Statutes 1996, section 62J.2913, subdivision 1.

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

Osthoff introduced:

H. F. No. 1082, A bill for an act relating to game and fish; modifying aquatic farm fees and requirements; modifying terms of crop protection assistance; modifying game license fees; modifying commercial fishing fees and requirements; requiring special season Canada goose license; modifying commercial netting provisions; amending Minnesota Statutes 1996, sections 17.4988; 97A.028, subdivisions 1 and 3; 97A.075, subdivision 1; 97A.475; 97A.485, subdivision 6; 97C.501, subdivision 2; 97C.801, subdivision 2; and 97C.835, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1996, sections 97A.475, subdivisions 14, 25, 31, 32, 33, 34, 35, 36, and 37; and 97C.801, subdivision 1.

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

Seifert, Peterson, Kubly and Harder introduced:

H. F. No. 1083, A bill for an act relating to water; appropriating money for the LQP-25/Lazarus Creek floodwater retention project.

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


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Anderson, I.; Winter and Murphy introduced:

H. F. No. 1084, 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.

Farrell; Winter; Swenson, D.; Trimble and Rest introduced:

H. F. No. 1085, A bill for an act relating to taxation; individual income; providing a tax credit for mentoring; 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.

Ness; Olson, E.; Long and Macklin introduced:

H. F. No. 1086, A bill for an act relating to taxation; changing provisions for costs and disbursements in certain tax appeals; amending Minnesota Statutes 1996, sections 271.19; and 278.07.

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

Rukavina, Greenfield, Goodno, Osskopp and Dorn introduced:

H. F. No. 1087, A bill for an act relating to health; requiring the attorney general to investigate unfair drug price discrimination; giving the commissioner of administration authority to negotiate contract prices for prescription drugs; requiring the commissioner of administration to establish and administer a nongovernmental pharmaceutical contracting alliance; modifying prescription dispensing requirements; requiring a pharmacy to post a sign on generic substitution; appropriating money; amending Minnesota Statutes 1996, sections 8.31, subdivision 1; and 151.21, subdivisions 2, 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 323 and 274.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 323, A bill for an act relating to human rights; prohibiting reprisals by any individual; amending Minnesota Statutes 1996, section 363.03, subdivision 7.

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


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S. F. No. 274, A bill for an act relating to human service; making void the cap on adoption assistance purchase of service reimbursement.

The bill was read for the first time.

Knoblach moved that S. F. No. 274 and H. F. No. 374, now on the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

CONSENT CALENDAR

H. F. No. 219, A bill for an act relating to employment; requiring leaves of absence without pay for employees rendering services as members of the civil air patrol; proposing coding for new law in Minnesota Statutes, chapter 181.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 202 was reported to the House.

Mullery moved to amend S. F. No. 202 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 315.121, is amended to read:

315.121 [RELIGIOUS CORPORATIONS, CERTAIN CONVEYANCES VALIDATED.]

All conveyances executed by any religious corporation organized under this chapter, conveying real property within this state that were recorded prior to July 1, 1984, have been of record for more than six years in the office of the county recorder or registrar of titles of the county in which the real estate conveyed is located, and the record of the conveyance, are legalized,


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validated, and confirmed, even though the corporate records do not disclose that the execution of the conveyance was authorized by the congregation of the religious corporation in the manner provided by law, or the record of the authorization has not been recorded in the office of the county recorder or registrar of titles of the county in which the real estate conveyed is located.

Sec. 2. [501B.90] [EFFECT OF DISSOLUTION OF MARRIAGE.]

Subdivision 1. [REVOCATION OF CERTAIN TRUST PROVISIONS.] If after execution of a trust instrument in which a sole grantor reserves a power to alter, amend, revoke, or terminate the provisions of the trust, the grantor's marriage is dissolved or annulled, the dissolution or annulment revokes any disposition, provision for beneficial enjoyment or appointment of property made by the trust instrument to a grantor's former spouse, any provisions conferring a general or special power of appointment on the former spouse and any appointment of the former spouse as trustee, unless the trust instrument expressly provides otherwise.

Subd. 2. [PASSING OF PROPERTY.] Property prevented from passing to a former spouse because of revocation by dissolution or annulment of marriage passes as if the former spouse died on the date of the entry of the judgment and decree dissolving or annulling the grantor's marriage and other provisions conferring some power or office on the former spouse are interpreted as if the former spouse died on the date of the entry of the judgment and decree dissolving or annulling the grantor's marriage.

Subd. 3. [REVIVAL OF REVOKED PROVISIONS.] If provisions are revoked solely by this section, they are revived by the grantor's remarriage to the former spouse. For purposes of this chapter, dissolution of marriage includes divorce. A decree of separation which does not terminate the status of husband and wife is not a dissolution of marriage for purposes of this section. No change of circumstances other than as described in this section revokes a trust instrument.

Sec. 3. Minnesota Statutes 1996, section 508.70, is amended by adding a subdivision to read:

Subd. 3. [EXCEPTION TO TEN-YEAR LIMIT; ADVERSE CLAIM STATEMENT BY GOVERNMENT AGENCY.] The provisions of subdivision 2 do not apply to an adverse claim statement made by the United States of America, this state, or any political subdivision, agency, or instrumentality of the United States of America or this state, which statement was filed prior to August 1, 1997, and was a recital or memorial on the certificate of title for the affected real property on July 31, 1997.

Sec. 4. Minnesota Statutes 1996, section 514.06, is amended to read:

514.06 [TITLE OF VENDOR OR CONSENTING OWNER, SUBJECT TO.]

When land is sold under an executory contract requiring the vendee to improve the same, and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor shall be subject thereto; but the vendor shall not be personally liable if the contract was made in good faith. When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors shall be deemed to have authorized such improvements, in so far as to subject their interests to liens therefor. Any person who has not authorized the same may protect that person's interest from such liens by serving upon the persons doing work or otherwise contributing to such improvement within five days after knowledge thereof, written notice that the improvement is not being made at that person's instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises. The service may be made by personal service or by certified mail to the last known address of the person doing work or otherwise contributing to the improvement. Mailed service is effective when mailed. As against a lessor no lien is given for repairs made by or at the instance of the lessee.

Sec. 5. Minnesota Statutes 1996, section 518.11, is amended to read:

518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.]

(a) Unless a proceeding is brought by both parties, copies of the summons and petition shall be served on the respondent personally.


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(b) When service is made out of this state and within the United States, it may be proved by the affidavit of the person making the same. When service is made without the United States it may be proved by the affidavit of the person making the same, taken before and certified by any United States minister, charge d'affaires, commissioner, consul or commercial agent, or other consular or diplomatic officer of the United States appointed to reside in such country, including all deputies or other representatives of such officer authorized to perform their duties; or before an officer authorized to administer an oath with the certificate of an officer of a court of record of the country wherein such affidavit is taken as to the identity and authority of the officer taking the same.

(c) If personal service cannot be made, the court may order service of the summons by alternate means. The application for alternate service must include the last known location of the respondent; the petitioner's most recent contacts with the respondent; the last known location of the respondent's employment; the names and locations of the respondent's parents, siblings, children, and other close relatives; the names and locations of other persons who are likely to know the respondent's whereabouts; and a description of efforts to locate those persons.

The court shall consider the length of time the respondent's location has been unknown, the likelihood that the respondent's location will become known, the nature of the relief sought, and the nature of efforts made to locate the respondent. The court shall order service by first class mail, forwarding address requested, to any addresses where there is a reasonable possibility that mail or information will be forwarded or communicated to the respondent or, if no address so qualifies, then to the respondent's last known address.

If the petitioner seeks disposition of real estate located within the state of Minnesota, the court shall order that the summons, which shall contain the legal description of the real estate, be published in the county where the real estate is located. The court may also order publication, within or without the state, but only if it might reasonably succeed in notifying the respondent of the proceeding. Also, the court may require the petitioner to make efforts to locate the respondent by telephone calls to appropriate persons. Service shall be deemed complete 21 days after mailing or 21 days after court-ordered publication.

Sec. 6. Minnesota Statutes 1996, section 524.2-402, is amended to read:

524.2-402 [DESCENT OF HOMESTEAD.]

(a) If there is a surviving spouse, the homestead, including a manufactured home which is the family residence, descends free from any testamentary or other disposition of it to which the spouse has not consented in writing or as provided by law, as follows:

(1) if there is no surviving descendant of decedent, to the spouse; or

(2) if there are surviving descendants of decedent, then to the spouse for the term of the spouse's natural life and the remainder in equal shares to the decedent's descendants by representation.

(b) If there is no surviving spouse and the homestead has not been disposed of by will it descends as other real estate.

(c) If the homestead passes by descent or will to the spouse or decedent's descendants, it is exempt from all debts which were not valid charges on it at the time of decedent's death except that the homestead is subject to a claim filed pursuant to section 246.53 for state hospital care or 256B.15 for medical assistance benefits. If the homestead passes to a person other than a spouse or decedent's descendants, it is subject to the payment of the items mentioned in section 524.2-101. No lien or other charge against a homestead so exempted is enforceable in the probate court, but expenses of administration, funeral expenses, expenses of last illness, taxes, and debts. The claimant may seek to enforce the a lien or other charge against a homestead so exempted by an appropriate action in the district court.

(d) For purposes of this section, except as provided in section 524.2-301, the surviving spouse is deemed to consent to any testamentary or other disposition of the homestead to which the spouse has not previously consented in writing unless the spouse files in the manner provided in section 524.2-211, paragraph (f), a petition that asserts the homestead rights provided to the spouse by this section.


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Sec. 7. Minnesota Statutes 1996, section 524.2-403, is amended to read:

524.2-403 [EXEMPT PROPERTY.]

(a) If there is a surviving spouse, then, in addition to the homestead and family allowance, the surviving spouse is entitled from the estate to:

(1) property not exceeding $10,000 in value in excess of any security interests therein, in household furniture, furnishings, appliances, and personal effects, subject to an award of sentimental value property under section 525.152; and

(2) one automobile, if any, without regard to value.

(b) If there is no surviving spouse, the decedent's children are entitled jointly to the same property as provided in paragraph (a).

(c) If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000, or if there is not $10,000 worth of exempt property in the estate, the surviving spouse or children are entitled to other personal property of the estate, if any, to the extent necessary to make up the $10,000 value.

(d) Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of the family allowance.

(e) The rights granted by this section are in addition to any benefit or share passing to the surviving spouse or children by the decedent's will, unless otherwise provided, by intestate succession or by way of elective share.

(f) A claim under section 246.53, 256B.15, 256D.16, or 261.04 takes precedence over any rights granted to a decedent's adult children under this section. No rights granted to a decedent's adult children under this section shall have precedence over a claim under section 246.53, 256B.15, 256D.16, 261.04, or 524.3-805, paragraph (a), clause (1), (2), or (3).

Sec. 8. Minnesota Statutes 1996, section 524.2-606, is amended to read:

524.2-606 [NONADEMPTION OF SPECIFIC DEVISES; UNPAID PROCEEDS OF SALE, CONDEMNATION, OR INSURANCE; SALE BY CONSERVATOR OR GUARDIAN.]

(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and:

(1) any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;

(2) any amount of a condemnation award for the taking of the property unpaid at death;

(3) any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property; and

(4) property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation.

(b) If specifically devised property is sold or mortgaged by a conservator or guardian or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or guardian or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.

(c) The right of a specific devisee under paragraph (b) is reduced by any right the devisee has under paragraph (a).


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(d) For the purposes of the references in paragraph (b) to a conservator or guardian or an agent acting within the authority of a durable power of attorney, paragraph (b) does not apply if after the sale, mortgage, condemnation, casualty, or recovery;

(1) in the case of a conservator or guardian, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year.; or

(2) in the case of an agent acting within the authority of a durable power of attorney, the testator's incapacity ceased and the testator survived for one year after the incapacity ceased.

(e) For the purposes of the references in paragraph (b) to an agent acting within the authority of a durable power of attorney for an incapacitated principal, (i) "incapacitated principal" means a principal who is an incapacitated person as defined in section 525.54, subdivision 3, and (ii) a finding of the principal's incapacity need not occur during the principal's life.

Sec. 9. [524.2-711] [FUTURE INTERESTS IN "HEIRS," "HEIRS AT LAW," OR "NEXT OF KIN."]

If a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," or "next of kin," the property passes to those persons, including the state of Minnesota under section 524.2-105, and in such shares as would succeed to the designated individual's intestate estate under the laws of intestate succession of the state of Minnesota if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is an heir of the designated individual for the purposes of this section, whether or not the surviving spouse is remarried.

Sec. 10. [TRANSITION PROVISION.]

Section 1 does not affect any action or proceeding pending on its effective date or that is commenced before February 1, 1998, involving the validity of a conveyance recorded or filed after June 30, 1984, if a notice of the pendency of the action or proceeding is recorded or filed before February 1, 1998, in the office of the county recorder or registrar of titles in which the real property affected by the action or proceeding is located.

Sec. 11. [APPLICATION.]

Section 2 applies to all trusts, whenever created, in which a sole grantor has a power to alter, amend, revoke, or terminate the provisions of the trust on the later of (1) the effective date of this section, and (2) the date of the entry of the judgment and decree dissolving or annulling the grantor's marriage."

Delete the title and insert:

"A bill for an act relating to property; validating certain conveyances by religious corporations; regulating adverse claims by a government agency; clarifying the manner of service of certain notices regarding mechanics liens; requiring published notice of dispositions of certain real property in a marriage dissolution action; regulating property held in revocable trusts upon the dissolution of marriage; regulating specific devises and distributions of property under the uniform probate code; amending Minnesota Statutes 1996, sections 315.121; 508.70, by adding a subdivision; 514.06; 518.11; 524.2-402; 524.2-403; and 524.2-606; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524."

The motion prevailed and the amendment was adopted.

S. F. No. 202, A bill for an act relating to property; validating certain conveyances by religious corporations; requiring published notice of dispositions of certain real property in a marriage dissolution action; regulating property held in revocable trusts upon the dissolution of marriage; regulating specific devises and distributions of property under the uniform probate code; amending Minnesota Statutes 1996, sections 315.121; 518.11; 524.2-402; 524.2-403; and 524.2-606; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524.

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


Journal of the House - 17th Day - Top of Page 362

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Winter moved that the House recess subject to the call of the Chair for the purpose of meeting with the Senate in Joint Convention. The motion prevailed.

RECESS

RECONVENED

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

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

JOINT CONVENTION

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

Prayer was offered by the Reverend David Johnson, Co-Pastor, Park Open Door Church, St. Paul, Minnesota.

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

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


Journal of the House - 17th Day - Top of Page 363

February 19, 1997

REPORT FROM THE HOUSE COMMITTEE ON EDUCATION AND

SENATE COMMITTEE ON CHILDREN, FAMILIES AND LEARNING

To the Honorable Phil Carruthers, Speaker of the House of Representatives, as President of the Joint Convention of the Senate and House of Representatives meeting to elect five Regents to the University of Minnesota.

The House Committee on Education and the Senate Committee on Children, Families and Learning make the following report:

We have selected the following named persons as a slate of nominees for Regents of the University of Minnesota, to hold office for the term specified for each from the second Friday in March:

H. Bryan Neel, III, First Congressional District, Six Years

David Metzen, Fourth Congressional District, Six Years

Michael O'Keefe, Fifth Congressional District, to fill the remainder of the term of Jean Keffeler to expire in Four Years

Maureen Reed, Sixth Congressional District, Six Years

Robert Bergland, Seventh Congressional District, Six Years

We hereby submit the recommendation and the terms of said persons in nomination for the offices and terms hereinbefore designated.

Lyndon R. Carlson, Chair

House Committee on Education

Co-Chair of the Joint Committee

Leroy A. Stumpf, Co-Chair

Senate Committee on Children, Families and Learning

Co-Chair of the Joint Committee

Pat Piper, Co-Chair

Senate Committee on Children Families and Learning

Co-Chair of the Joint Committee

Lawrence J. Pogemiller, Co-Chair

Senate Committee on Children, Families and Learning

Co-Chair of the Joint Committee

Representative Carlson and Senators Stumpf, Piper and Pogemiller moved that the report from the Joint Committee be adopted.

The motion prevailed and the report was adopted.

The President called for additional nominations.

Tom Stoa was nominated by Senator Spear for Regent from the First Congressional District for a term of six years.

Carol Ericson was nominated by Representative McGuire for Regent from the Fourth Congressional District for a term of six years.


Journal of the House - 17th Day - Top of Page 364

Bob Anderson was nominated by Representative Anderson, I., for Regent from the Seventh Congressional District for a term of six years.

There being no further nominations, the President declared the nominations closed.

Pursuant to Joint Rules of the Senate and House of Representatives, the Joint Convention proceeded to elect five members of the Board of Regents of the University of Minnesota, one from the First Congressional District for a term of six years, one from the Fourth Congressional District for a term of six years, one from the Fifth Congressional District for a term of four years, one from the Sixth Congressional District for a term of six years, and one from the Seventh Congressional District for a term of six years.

169 members voted for H. Bryan Neel, III, First Congressional District Regent, for a six year term, as follows:

SENATE ROLL CALL

Anderson Frederickson Kelly, R. C. Metzen Price Stevens
Beckman Hanson Kiscaden Moe, R. D. Ranum Stumpf
Belanger Janezich Kleis Neuville Robertson Terwilliger
Berg Johnson, D. E. Knutson Novak Robling Vickerman
Betzold Johnson, D. H. Krentz Oliver Runbeck Wiener
Day Johnson, D. J. Laidig Olson Sams Wiger
Dille Johnson, J. B. Langseth Ourada Scheevel
Fischbach Junge Larson Pariseau Scheid
Flynn Kelley, S. P. Limmer Pogemiller Solon

HOUSE OF REPRESENTATIVES ROLL CALL

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

25 members voted for Thomas Stoa, First Congressional District Regent, for a six year term, as follows:

SENATE ROLL CALL

Berglin Higgins Marty Piper Ten Eyck
Cohen Hottinger Morse Samuelson
Foley Lourey Pappas Spear


Journal of the House - 17th Day - Top of Page 365

HOUSE OF REPRESENTATIVES ROLL CALL

Dorn Evans Jefferson Kahn Munger Pelowski
Entenza Greenfield Johnson, R. Kalis Murphy Skoglund

177 members voted for David Metzen, Fourth Congressional District Regent, for a six year term, as follows:

SENATE ROLL CALL

Anderson Frederickson Kelly, R. C. Moe, R. D. Ranum Stumpf
Beckman Hanson Kiscaden Morse Robertson Ten Eyck
Belanger Higgins Kleis Neuville Robling Terwilliger
Berg Hottinger Knutson Novak Runbeck Vickerman
Betzold Janezich Krentz Oliver Sams Wiener
Cohen Johnson, D. E. Laidig Olson Samuelson Wiger
Day Johnson, D. H. Langseth Ourada Scheevel
Dille Johnson, D. J. Larson Pariseau Scheid
Fischbach Johnson, J. B. Limmer Piper Solon
Flynn Junge Lourey Pogemiller Spear
Foley Kelley, S. P. Metzen Price Stevens

HOUSE OF REPRESENTATIVES ROLL CALL

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

18 members voted for Carol Ericson, Fourth Congressional District Regent, for a six year term, as follows:

SENATE ROLL CALL

Berglin Marty Pappas

HOUSE OF REPRESENTATIVES ROLL CALL

Anderson, B. Evans Leppik McGuire Rhodes Workman
Dehler Haas Lindner Mulder Swenson, H.
Entenza Knight Long Olson, M.


Journal of the House - 17th Day - Top of Page 366

194 members voted for Michael O'Keefe, Fifth Congressional District Regent, for a four year term, as follows:

SENATE ROLL CALL

Anderson Foley Kelley, S. P. Marty Piper Solon
Beckman Frederickson Kelly, R. C. Metzen Pogemiller Spear
Belanger Hanson Kiscaden Moe, R. D. Price Stevens
Berg Higgins Kleis Morse Ranum Stumpf
Berglin Hottinger Knutson Neuville Robertson Ten Eyck
Betzold Janezich Krentz Novak Robling Terwilliger
Cohen Johnson, D. E. Laidig Oliver Runbeck Vickerman
Day Johnson, D. H. Langseth Olson Sams Wiener
Dille Johnson, D. J. Larson Ourada Samuelson Wiger
Fischbach Johnson, J. B. Limmer Pappas Scheevel
Flynn Junge Lourey Pariseau Scheid

HOUSE OF REPRESENTATIVES ROLL CALL

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

194 members voted for Maureen Reed, Sixth Congressional District Regent, for a six year term, as follows:

SENATE ROLL CALL

Anderson Foley Kelley, S. P. Marty Piper Solon
Beckman Frederickson Kelly, R. C. Metzen Pogemiller Spear
Belanger Hanson Kiscaden Moe, R. D. Price Stevens
Berg Higgins Kleis Morse Ranum Stumpf

Journal of the House - 17th Day - Top of Page 367
Berglin Hottinger Knutson Neuville Robertson Ten Eyck
Betzold Janezich Krentz Novak Robling Terwilliger
Cohen Johnson, D. E. Laidig Oliver Runbeck Vickerman
Day Johnson, D. H. Langseth Olson Sams Wiener
Dille Johnson, D. J. Larson Ourada Samuelson Wiger
Fischbach Johnson, J. B. Limmer Pappas Scheevel
Flynn Junge Lourey Pariseau Scheid

HOUSE OF REPRESENTATIVES ROLL CALL

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

1 member voted for Harry Sieben, Jr., Sixth Congressional District Regent, for a six year term, as follows:

HOUSE OF REPRESENTATIVES ROLL CALL

Murphy

176 members voted for Robert Bergland, Seventh Congressional District Regent, for a six year term, as follows:

SENATE ROLL CALL

Anderson Foley Kelley, S. P. Metzen Pogemiller Spear
Beckman Frederickson Kelly, R. C. Moe, R. D. Price Stevens
Belanger Hanson Kiscaden Morse Ranum Stumpf
Berg Higgins Kleis Neuville Robertson Ten Eyck
Berglin Hottinger Knutson Novak Robling Terwilliger
Betzold Janezich Krentz Oliver Runbeck Vickerman
Cohen Johnson, D. E. Laidig Olson Sams Wiener
Day Johnson, D. H. Langseth Ourada Samuelson Wiger
Dille Johnson, D. J. Larson Pappas Scheevel
Fischbach Johnson, J. B. Limmer Pariseau Scheid
Flynn Junge Marty Piper Solon


Journal of the House - 17th Day - Top of Page 368

HOUSE OF REPRESENTATIVES ROLL CALL

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

19 members voted for Bob Anderson, Seventh Congressional District, for a six year term, as follows:

SENATE ROLL CALL

Lourey

HOUSE OF REPRESENTATIVES ROLL CALL

Anderson, I. Huntley Knight McCollum Munger Ozment
Delmont Jefferson Lindner McGuire Murphy Smith
Hasskamp Jennings Marko Mulder Otremba Wejcman

DECLARATION OF ELECTION

H. Bryan Neel, III, First Congressional District Regent, six years; David Metzen, Fourth Congressional District Regent, six years; Michael O'Keefe, Fifth Congressional District Regent, to fill the remainder of the term of Jean Keffeler to expire in four years; Maureen Reed, Six Congressional District Regent, six years; and Robert Bergland, Seventh Congressional District Regent, six years, each having received a majority of the votes cast at the Joint Convention were declared by the President of the Joint Convention to be elected to the Board of Regents of the University of Minnesota.

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


Journal of the House - 17th Day - Top of Page 369

CERTIFICATION

February 27, 1997

To the Governor

State of Minnesota

To the Senate

State of Minnesota

To the House of Representatives

State of Minnesota

This is to certify that the House of Representatives and the Senate in Joint Convention on Thursday, February 27, 1997, have elected as members of the Board of Regents of the University of Minnesota the following members each to hold his or her respective office for the term specified for each from the second Friday in March:

H. Bryan Neel, III, First Congressional District, Six Years

David Metzen, Fourth Congressional District, Six Years

Michael O'Keefe, Fifth Congressional District, to fill the remainder of the term of Jean Keffeler to expire in Four Years

Maureen Reed, Sixth Congressional District, Six Years

Robert Bergland, Seventh Congressional District, Six Years

Allan H. Spear

President of the Senate

Phil Carruthers

Speaker of the House of Representatives

RECONVENED

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

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 100.

H. F. No. 100, A bill for an act relating to public safety; providing for emergency expenditures related to the continuing severe weather conditions and their aftermath; providing additional funding for state road operations and state trooper overtime in fiscal year 1997; making certain cross-reference corrections; appropriating money; amending Minnesota Statutes 1996, sections 84.912, subdivision 1; 86B.337, subdivision 1; 168.042, subdivision 1; 169.121, subdivision 4; 169.1217, subdivision 1; 171.043; 171.24, subdivision 5; 171.30, subdivision 3; and 171.305, subdivision 5.

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


Journal of the House - 17th Day - Top of Page 370

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Knight

The bill was passed and its title agreed to.

Clark was excused between the hours of 1:50 p.m. and 2:50 p.m.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 268.

H. F. No. 268 was reported to the House.

Paymar moved to amend H. F. No. 268, the second engrossment, as follows:

Page 1, line 22, after "level" insert "four,"

Page 1, line 27, after "level" insert "four," and after "five" insert a comma

Page 1, line 28, delete "four" and insert "three"

Page 2, line 2, before "three" insert "or" and delete ", or four"

Page 2, line 13, after "least" insert "644 but not more than"


Journal of the House - 17th Day - Top of Page 371

Page 3, after line 39, insert:

"Sec. 3. [WORK GROUP TO STUDY MULTIPLE OCCUPANCY IN STATE CORRECTIONAL INSTITUTIONS.]

Subdivision 1. [WORK GROUP ESTABLISHED.] A work group is established to study the effects of multiple occupancy of inmates in state correctional institutions. The work group consists of the chairs and vice-chairs of the house judiciary committee and judiciary finance division, the chairs and vice-chairs of the senate crime prevention committee and crime prevention finance division, and other members appointed by the house and senate chairs of these committees and divisions.

Subd. 2. [DUTIES OF WORK GROUP.] The work group shall study the following issues as they relate to multiple occupancy of inmates in state correctional institutions:

(1) the safety of correctional employees;

(2) the safety of inmates;

(3) the potential costs of legal challenges and additional staff resulting from the multiple occupancy of inmates in correctional institutions as compared to similar costs associated with single-cell correctional institutions;

(4) the potential psychological effects of multiple occupancy on inmates, including whether they may pose increased threats to public safety upon release due to an increased propensity for violent behavior;

(5) the potential costs of increased recidivism by inmates who are confined in correctional institutions under a multiple occupancy system as compared to recidivism rates of inmates who are confined in single cells;

(6) problems experienced by other jurisdictions due to multiple occupancy of inmates in correctional institutions; and

(7) strategies that prison administrators can use to make multiple-occupancy correctional institutions as safe for staff and inmates as possible.

In addition, if the work group determines that multiple-occupancy correctional institutions should not be operated in all or part of the state prison system, the work group shall make recommendations on how the state prison capacity should be expanded, without the use of multiple occupancy, to accommodate future prison population increases.

In conducting its study, the work group shall work with and receive information from psychologists, criminal justice professionals, prison administrators, criminologists, and other resources the work group deems appropriate.

Subd. 3. [REPORT.] By October 15, 1997, the work group shall report its findings and recommendations to the governor, the commissioner of corrections, and the chairs of the house judiciary committee and judiciary finance division and the senate crime prevention committee and crime prevention finance division."

Renumber subsequent sections in sequence

Page 3, line 44, delete "3" and insert "4"

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Paymar amendment and the roll was called. There were 12 yeas and 118 nays as follows:

Those who voted in the affirmative were:

Entenza Greiling Jaros Mariani Munger Paymar
Greenfield Huntley Jennings McGuire Opatz Wejcman


Journal of the House - 17th Day - Top of Page 372

Those who voted in the negative were:

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

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

H. F. No. 268, A bill for an act relating to corrections; modifying multiple occupancy requirements applicable to state prisons; amending the appropriation to build a close-custody correctional facility of at least 800 beds; providing that the new facility shall be at level four; deleting certain construction bid requirements; amending Minnesota Statutes 1996, section 243.53, subdivision 1; Laws 1996, chapter 463, section 16, subdivision 3; repealing Minnesota Statutes 1996, section 243.53, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 3 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 17th Day - Top of Page 373

Those who voted in the negative were:

Greenfield Mariani Paymar

The bill was passed and its title agreed to.

SPECIAL ORDERS

H. F. No. 86 was reported to the House.

Skoglund, Stanek and Jefferson moved to amend H. F. No. 86 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [169.694] [UNLAWFUL USE OF SOUND-PRODUCING DEVICES IN MOTOR VEHICLES.]

Subdivision 1. [DEFINITION.] As used in this section, "sound-producing device" means a machine or device designed to produce or reproduce sound and includes, but is not limited to, a radio receiving set, tape or disc player, musical instrument, phonograph, or paging system.

Subd. 2. [UNLAWFUL ACTS.] (a) It is unlawful for any person to operate or be in actual physical control of a motor vehicle in or on which a sound-producing device is being operated in a manner plainly audible at a distance of 50 feet from the motor vehicle.

(b) It is unlawful for any person to operate a sound-producing device in a motor vehicle in a manner that unreasonably disturbs the peace and quiet of a person of ordinary sensibility nearby.

Subd. 3. [PRIMA FACIE EVIDENCE OF VIOLATION.] The operation of a sound-producing device in a manner that makes it plainly audible at a distance of 50 feet or more from the motor vehicle is prima facie evidence of a violation of this section.

Subd. 4. [EXCEPTIONS.] This section does not apply to the operation of:

(1) antitheft devices in motor vehicles; or

(2) sound-producing devices in authorized emergency vehicles.

Subd. 5. [EFFECT ON LOCAL ORDINANCES.] Nothing in subdivisions 1 to 4 supersedes or precludes the continuation or adoption of a local ordinance that provides for more stringent regulation of the subject matter in subdivisions 1 to 4.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective August 1, 1997, and applies to offenses committed on or after that date."

The motion prevailed and the amendment was adopted.

Broecker moved to amend H. F. No. 86, the first engrossment, as amended, as follows:

Page 1, line 13, delete "50" and insert "100"

Page 1, line 21, delete "50" and insert "100"

The motion prevailed and the amendment was adopted.


Journal of the House - 17th Day - Top of Page 374

Weaver was excused for the remainder of today's session.

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

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

The question was taken on the passage of the bill and the roll was called. There were 58 yeas and 72 nays as follows:

Those who voted in the affirmative were:

Biernat Evans Johnson, R. Mullery Paymar Swenson, D.
Broecker Farrell Kahn Murphy Pelowski Tingelstad
Chaudhary Folliard Koskinen Ness Rest Van Dellen
Commers Garcia Larsen Olson, E. Rhodes Vickerman
Dawkins Greenfield Leppik Opatz Schumacher Wagenius
Delmont Greiling Lieder Orfield Sekhon Wejcman
Dempsey Haas Long Osthoff Skare Workman
Dorn Hasskamp Mahon Otremba Skoglund Spk. Carruthers
Entenza Hilty Mares Ozment Slawik
Erhardt Jefferson McGuire Pawlenty Stanek

Those who voted in the negative were:

Abrams Finseth Kielkucki Mariani Peterson Swenson, H.
Anderson, B. Goodno Knight Marko Pugh Sykora
Anderson, I. Gunther Knoblach McCollum Reuter Tomassoni
Bakk Harder Koppendrayer McElroy Rifenberg Tompkins
Bettermann Holsten Kraus Milbert Rostberg Trimble
Bishop Huntley Krinkie Molnau Rukavina Tuma
Boudreau Jaros Kubly Mulder Seagren Tunheim
Bradley Jennings Kuisle Munger Seifert Wenzel
Carlson Johnson, A. Leighton Nornes Smith Westfall
Daggett Juhnke Lindner Olson, M. Solberg Westrom
Davids Kalis Luther Osskopp Stang Winter
Dehler Kelso Macklin Paulsen Sviggum Wolf

The bill was not passed, as amended.

MOTION FOR RECONSIDERATION

Abrams moved that the vote whereby H. F. No. 86, as amended, was not passed earlier today be now reconsidered. The motion prevailed.

Abrams moved that H. F. No. 86, as amended, be re-referred to the Committee on Judiciary. The motion prevailed and H. F. No. 86, as amended, was re-referred to the Committee on Judiciary.

GENERAL ORDERS

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


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MOTIONS AND RESOLUTIONS

Mulder moved that his name be stricken as an author on H. F. No. 259. The motion prevailed.

Delmont moved that the names of Huntley and Evans be stricken and the names of Goodno and Kielkucki be added as authors on H. F. No. 260. The motion prevailed.

Milbert moved that his name be stricken and the name of Wenzel be added as an author on H. F. No. 297. The motion prevailed.

Westrom moved that the name of Mares be added as an author on H. F. No. 398. The motion prevailed.

Juhnke moved that the name of Broecker be added as an author on H. F. No. 457. The motion prevailed.

Juhnke moved that the name of Broecker be added as an author on H. F. No. 458. The motion prevailed.

McCollum moved that the name of Pugh be added as an author on H. F. No. 499. The motion prevailed.

Skare moved that the name of Rifenberg be stricken and the name of Leighton be added as an author on H. F. No. 570. The motion prevailed.

Greenfield moved that the name of Winter be added as an author on H. F. No. 675. The motion prevailed.

Mulder moved that the name of Westrom be added as an author on H. F. No. 730. The motion prevailed.

Rifenberg moved that the name of Seifert be added as an author on H. F. No. 732. The motion prevailed.

Wagenius moved that the name of Bettermann be added as an author on H. F. No. 819. The motion prevailed.

Mulder moved that the name of Seagren be added as an author on H. F. No. 825. The motion prevailed.

McGuire moved that the name of Mares be added as an author on H. F. No. 852. The motion prevailed.

Hausman moved that the name of Pelowski be added as an author on H. F. No. 880. The motion prevailed.

Juhnke moved that the name of Westfall be added as an author on H. F. No. 922. The motion prevailed.

Abrams moved that the name of Leppik be added as an author on H. F. No. 924. The motion prevailed.

Entenza moved that the names of Swenson, D., and Leighton be added as authors on H. F. No. 925. The motion prevailed.

Entenza moved that H. F. No. 432 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.

Entenza moved that H. F. No. 735 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.

McGuire moved that H. F. No. 864 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, March 3, 1997. The motion prevailed.


Journal of the House - 17th Day - Top of Page 376

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, March 3, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives