Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7973

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

EIGHTY-FIFTH DAY

Saint Paul, Minnesota, Thursday, March 5, 1998

 

The House of Representatives convened at 12:00 noon and was called to order by Phil Carruthers, Speaker of the House.

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

The roll was called and the following members were present:

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

A quorum was present.

Luther and Macklin were excused.

Farrell was excused until 3:05 p.m. Chaudhary was excused until 3:55 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Tuma 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 - 85th Day - Thursday, March 5, 1998 - Top of Page 7974

REPORTS OF CHIEF CLERK

S. F. No. 2594 and H. F. No. 3014, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Pugh moved that the rules be so far suspended that S. F. No. 2594 be substituted for H. F. No. 3014 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3068 and H. F. No. 3532, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Bettermann moved that S. F. No. 3068 be substituted for H. F. No. 3532 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. Nos. 2594 and 3068 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Carlson, Kalis, Solberg, Seagren and Dempsey introduced:

H. F. No. 3829, A bill for an act relating to appropriations; appropriating money to immediately relocate capital square building's tenants.

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

Olson, E.; Ozment and Skoglund introduced:

H. F. No. 3830, A bill for an act relating to claims; providing for payment of certain claims against the state; authorizing reimbursement of certain costs and fees; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Haas, Greenfield and Huntley introduced:

H. F. No. 3831, A bill for an act relating to insurance; requiring health insurers to cover care provided by any licensed provider willing to serve the insurer's enrollees; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1996, section 62Q.095.

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


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7975

Milbert, Abrams, Dawkins, Ozment and Garcia introduced:

H. F. No. 3832, A bill for an act relating to taxation; repealing the sales tax on health club memberships; amending Minnesota Statutes 1997 Supplement, sections 297A.01, subdivision 3; and 297A.44, subdivision 1, as amended.

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

Boudreau, Daggett, Molnau, Broecker and Harder introduced:

H. F. No. 3833, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; confirming that the lawful taking of game and fish is a valued part of our heritage and a privilege that must always be managed by law and regulation for the common good.

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

Erickson introduced:

H. F. No. 3834, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; confirming that the lawful taking of game and fish is a valued part of our heritage and a privilege that must always be managed by law and regulation for the common good.

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

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

RECESS

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 S. F. No. 3353.

S. F. No. 3353 was reported to the House.

Olson, E., was excused between the hours of 2:50 p.m. and 8:55 p.m.

Osthoff moved to amend S. F. No. 3353, the unofficial engrossment, as follows:

Page 18, line 24, after "Lake," insert "Buffalo Lake," and delete "and" and after "Preston" insert ", and Saint Paul"

Page 26, line 16, delete "200,000" and insert "100,000"

The motion prevailed and the amendment was adopted.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7976

Peterson moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 35, line 23, after "constitutes" insert "a" and delete "action upon that application and may be"

Page 35, line 24, delete everything before the period, and insert "decision"

The motion prevailed and the amendment was adopted.

Peterson moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 39, line 34, after "of" insert "labor and industry, in consultation with the commissioners of"

Page 39, line 35, delete everything after the comma

Page 39, line 36, delete "of" and after "health" insert a comma

The motion prevailed and the amendment was adopted.

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

Peterson moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 40, after line 20, insert

"(e) This section expires on June 30, 2000."

Osthoff moved to amend the Peterson amendment to S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 1, line 4, delete "2000" and insert "2001"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 69 yeas and 58 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7977

Those who voted in the negative were:

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

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Peterson amendment, as amended, to S. F. No. 3353, the unofficial engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.

Peterson moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 33, line 30, after the period insert "The commissioner shall charge to an applicant for an animal feedlot having a design capacity of 1,000 animal units or more a permit fee sufficient to cover the agency's costs for issuing the NPDES permit."

A roll call was requested and properly seconded.

The question was taken on the Peterson amendment and the roll was called. There were 70 yeas and 59 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Dehler Kielkucki Molnau Rhodes Tingelstad
Anderson, B. Dempsey Knight Mulder Rifenberg Tompkins
Bettermann Erhardt Knoblach Ness Seagren Van Dellen
Boudreau Erickson Kraus Nornes Seifert Vandeveer
Bradley Finseth Krinkie Olson, M. Smith Weaver
Broecker Goodno Kuisle Osskopp Stanek Westfall

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7978
Clark, J. Gunther Larsen Ozment Stang Westrom
Commers Harder Lindner Paulsen Sviggum Wolf
Daggett Holsten Mares Pawlenty Swenson, H. Workman
Davids Kelso McElroy Reuter Sykora

The motion prevailed and the amendment was adopted.

Munger moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Pages 23 and 24, delete section 27

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Munger amendment and the roll was called. There were 44 yeas and 85 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Hausman Koskinen Osthoff Tuma
Biernat Evans Huntley Leppik Paymar Wagenius
Carlson Farrell Jaros McCollum Rest Wejcman
Chaudhary Folliard Jennings McGuire Rhodes Spk. Carruthers
Clark, K. Greenfield Johnson, A. Mulder Sekhon
Commers Greiling Johnson, R. Mullery Skoglund
Dawkins Haas Kahn Munger Sykora
Entenza Hasskamp Kalis Orfield Trimble

Those who voted in the negative were:

Anderson, B. Finseth Krinkie Ness Rukavina Tunheim
Anderson, I. Garcia Kubly Nornes Schumacher Van Dellen
Bakk Goodno Kuisle Olson, M. Seagren Vandeveer
Bettermann Gunther Larsen Opatz Seifert Weaver
Boudreau Harder Leighton Osskopp Skare Wenzel
Bradley Hilty Lieder Otremba, M. Slawik Westfall
Broecker Holsten Lindner Ozment Smith Westrom
Clark, J. Jefferson Long Paulsen Solberg Winter
Daggett Juhnke Mahon Pawlenty Stanek Wolf
Davids Kelso Mares Pelowski Stang Workman
Dehler Kielkucki Marko Peterson Sviggum
Delmont Kinkel McElroy Pugh Swenson, H.
Dempsey Knight Milbert Reuter Tingelstad
Dorn Knoblach Molnau Rifenberg Tomassoni
Erickson Kraus Murphy Rostberg Tompkins

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

Tingelstad was excused between the hours of 5:00 p.m. and 8:35 p.m.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7979

Hasskamp moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 20, line 26, delete "(c) and (d)" and insert "(d) and (e)"

Page 21, after line 3, insert:

"(c) Operators who are 40 years of age or over, who have licensed their personal watercraft for at least five consecutive years, and who have not received a violation operating their personal watercraft during that time are exempt from obtaining a certificate."

Reletter subsequent paragraphs

A roll call was requested and properly seconded.

The question was taken on the Hasskamp amendment and the roll was called. There were 25 yeas and 102 nays as follows:

Those who voted in the affirmative were:

Bakk Evans Kahn Munger Sekhon Winter
Biernat Garcia Kalis Osthoff Solberg
Chaudhary Hasskamp Leppik Pawlenty Wagenius
Clark, K. Hausman Mariani Paymar Wejcman
Entenza Jaros McGuire Schumacher

Those who voted in the negative were:

Abrams Erhardt Johnson, R. Mares Paulsen Stang
Anderson, B. Erickson Juhnke Marko Pelowski Sviggum
Anderson, I. Farrell Kelso McCollum Peterson Swenson, H.
Bettermann Finseth Kielkucki McElroy Pugh Sykora
Boudreau Folliard Knight Milbert Rest Tomassoni
Bradley Goodno Knoblach Molnau Reuter Tompkins
Broecker Greenfield Koskinen Mulder Rhodes Trimble
Carlson Greiling Kraus Mullery Rifenberg Tuma
Clark, J. Gunther Krinkie Murphy Rostberg Tunheim
Commers Haas Kubly Ness Rukavina Van Dellen
Daggett Harder Kuisle Nornes Seagren Vandeveer
Davids Hilty Larsen Olson, M. Seifert Weaver
Dawkins Holsten Leighton Opatz Skare Wenzel
Dehler Huntley Lieder Orfield Skoglund Westfall
Delmont Jefferson Lindner Osskopp Slawik Westrom
Dempsey Jennings Long Otremba, M. Smith Wolf
Dorn Johnson, A. Mahon Ozment Stanek Workman

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

CALL OF THE HOUSE

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

Abrams Erhardt Johnson, R. Mariani Paymar Sykora
Anderson, B. Erickson Juhnke Marko Pelowski Tomassoni
Anderson, I. Evans Kahn McCollum Peterson Tompkins
Bakk Farrell Kalis McElroy Pugh Trimble
Bettermann Finseth Kelso McGuire Rest Tuma
Biernat Folliard Kielkucki Milbert Reuter Tunheim
Boudreau Garcia Kinkel Molnau Rhodes Van Dellen
Bradley Goodno Knight Mulder Rostberg Vandeveer
Broecker Greenfield Knoblach Mullery Rukavina Wagenius
Carlson Greiling Koskinen Munger Schumacher Weaver
Chaudhary Gunther Kraus Murphy Seagren Wejcman
Clark, J. Haas Krinkie Ness Seifert Wenzel
Clark, K. Harder Kubly Nornes Sekhon Westfall
Commers Hasskamp Kuisle Olson, M. Skare Westrom
Daggett Hausman Larsen Opatz Skoglund Winter
Davids Hilty Leighton Orfield Slawik Wolf
Dawkins Holsten Leppik Osskopp Smith Workman
Dehler Huntley Lieder Osthoff Solberg Spk. Carruthers

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7980
Delmont Jaros Lindner Otremba, M. Stanek
Dempsey Jefferson Long Ozment Stang
Dorn Jennings Mahon Paulsen Sviggum
Entenza Johnson, A. Mares Pawlenty Swenson, H.

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

Harder, Kuisle, Kraus, Rifenberg, Gunther, Erickson and Molnau offered an amendment to S. F. No. 3353, the unofficial engrossment, as amended.

Harder requested a division of the Harder et al amendment to S. F. No. 3353, the unofficial engrossment, as amended.

Harder further requested that the second portion of the divided Harder et al amendment to S. F. No. 3353, the unofficial engrossment, as amended, be voted on first.

The second portion of the Harder et al amendment to S. F. No. 3353, the unofficial engrossment, as amended, reads as follows:

Page 40, delete section 45

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the second portion of the Harder et al amendment and the roll was called. There were 61 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Knight Ness Schumacher Vandeveer
Anderson, B. Erhardt Knoblach Nornes Seagren Weaver
Bettermann Erickson Kraus Olson, M. Seifert Westfall
Boudreau Finseth Kuisle Osskopp Smith Westrom
Bradley Goodno Larsen Ozment Stanek Wolf
Broecker Gunther Leighton Paulsen Stang Workman
Clark, J. Haas Lindner Pawlenty Sviggum
Commers Harder Mares Reuter Swenson, H.

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7981
Daggett Jennings McElroy Rhodes Sykora
Davids Juhnke Molnau Rifenberg Tompkins
Dehler Kielkucki Mulder Rostberg Van Dellen

Those who voted in the negative were:

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

The motion did not prevail and the second portion of the Harder et al amendment was not adopted.

Harder withdrew the first portion of the Harder et al amendment to S. F. No. 3353, the unofficial engrossment, as amended.

The Speaker called Opatz to the Chair.

Bakk moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 42, line 31, after the first period, insert "Section 17 is effective July 1, 2000."

A roll call was requested and properly seconded.

The question was taken on the Bakk amendment and the roll was called.

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

There were 83 yeas and 44 nays as follows:

Those who voted in the affirmative were:

Abrams Delmont Kielkucki Molnau Rifenberg Sykora
Anderson, B. Dempsey Kinkel Mulder Rostberg Tomassoni
Anderson, I. Erhardt Knight Murphy Rukavina Tompkins
Bakk Erickson Knoblach Ness Schumacher Tunheim
Bettermann Finseth Krinkie Nornes Seagren Van Dellen
Boudreau Garcia Kubly Olson, M. Seifert Vandeveer
Bradley Goodno Kuisle Osskopp Skare Weaver
Broecker Gunther Larsen Otremba, M. Slawik Wenzel

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7982
Carlson Haas Leppik Paulsen Smith Westfall
Chaudhary Harder Lindner Pelowski Solberg Westrom
Clark, J. Holsten Mares Peterson Stanek Winter
Daggett Jefferson Marko Rest Stang Wolf
Davids Juhnke McElroy Reuter Sviggum Workman
Dehler Kelso Milbert Rhodes Swenson, H.

Those who voted in the negative were:

Biernat Folliard Johnson, A. Long Orfield Tuma
Clark, K. Greenfield Johnson, R. Mahon Osthoff Wagenius
Commers Greiling Kahn Mariani Ozment Wejcman
Dawkins Hausman Kalis McCollum Pawlenty Spk. Carruthers
Dorn Hilty Koskinen McGuire Paymar
Entenza Huntley Kraus Mullery Sekhon
Evans Jaros Leighton Munger Skoglund
Farrell Jennings Lieder Opatz Trimble

The motion prevailed and the amendment was adopted.

Osthoff moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 5, after line 60, insert:

"$1,545,000 in fiscal year 1999 in the snowmobile trails and enforcement account in the natural resources fund is for repair of state paved trails damaged by snowmobiles with metal traction devices."

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

Kahn, Leppik, Munger, Hausman, Davids, Osthoff, Rifenberg, Erhardt and McCollum moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 18, after line 25, insert:

"Sec. 17. Minnesota Statutes 1997 Supplement, section 84.82, subdivision 2, is amended to read:

Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] (a) Application for registration or reregistration shall be made to the commissioner of natural resources, or the commissioner of public safety or an authorized deputy registrar of motor vehicles in such form as the commissioner of public safety shall prescribe, and shall state the legal name and address of every owner of the snowmobile and be signed by at least one owner.

(b) A person who purchases a snowmobile from a retail dealer shall make application for registration to the dealer at the point of sale. The dealer shall issue a temporary registration permit to each purchaser who applies to the dealer for registration. The temporary registration is valid for 60 days from the date of issue. Each retail dealer shall submit completed registration and fees to the deputy registrar at least once a week. Upon receipt of the application and the appropriate fee as hereinafter provided, such snowmobile shall be registered and a registration number assigned which shall be affixed to the snowmobile in a clearly visible and permanent manner for enforcement purposes as the commissioner of natural resources shall prescribe. Each snowmobile registered after July 1, 1999, must have the registration number or the manufacturer's vehicle identification number permanently emblazoned on the bottom of the snowmobile's track.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7983

(c) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to assure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with these accounting and procedural requirements.

(d) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:

(1) each snowmobile registered by the registrar or a deputy registrar and the additional fee shall be disposed of in the manner provided in section 168.33, subdivision 2; or

(2) each snowmobile registered by the commissioner and the additional fee shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

Finseth raised a point of order pursuant to rule 3.09 that the Kahn et al amendment was not in order. Speaker pro tempore Opatz ruled the point of order not well taken and the Kahn et al amendment in order.

The Speaker resumed the Chair.

The question was taken on the Kahn et al amendment and the roll was called.

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

There were 15 yeas and 113 nays as follows:

Those who voted in the affirmative were:

Clark, K. Greiling Leppik McGuire Trimble Wejcman
Erhardt Hausman Lieder Osthoff Wagenius
Greenfield Kahn Mariani Sekhon

Those who voted in the negative were:

Abrams Dorn Johnson, A. Mares Paymar Stang
Anderson, B. Entenza Johnson, R. Marko Pelowski Sviggum
Anderson, I. Erickson Juhnke McCollum Peterson Swenson, H.
Bakk Evans Kalis McElroy Pugh Sykora
Bettermann Farrell Kelso Milbert Rest Tomassoni
Biernat Finseth Kielkucki Molnau Reuter Tompkins
Boudreau Folliard Kinkel Mulder Rhodes Tuma
Bradley Garcia Knight Mullery Rifenberg Tunheim
Broecker Goodno Knoblach Murphy Rostberg Van Dellen
Carlson Gunther Koskinen Ness Rukavina Vandeveer
Chaudhary Haas Kraus Nornes Schumacher Weaver
Clark, J. Harder Krinkie Olson, M. Seagren Wenzel
Commers Hasskamp Kubly Opatz Seifert Westfall
Daggett Hilty Kuisle Orfield Skare Westrom
Davids Holsten Larsen Osskopp Skoglund Winter

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7984
Dawkins Huntley Leighton Otremba, M. Slawik Wolf
Dehler Jaros Lindner Ozment Smith Workman
Delmont Jefferson Long Paulsen Solberg Spk. Carruthers
Dempsey Jennings Mahon Pawlenty Stanek

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

Anderson, B., moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 13, after line 9, insert:

"Sec 14. Minnesota Statutes 1996, section 28A.04, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] (a) No person shall engage in the business of manufacturing, processing, selling, handling, or storing food without having first obtained from the commissioner a license for doing such business. Applications for such license shall be made to the commissioner in such manner and time as required and upon such forms as provided by the commissioner and shall contain the name and address of the applicant, address or description of each place of business, and the nature of the business to be conducted at each place, and such other pertinent information as the commissioner may require.

(b) A retail or wholesale food handler license shall be issued for the period July 1 to June 30 following and shall be renewed thereafter by the licensee on or before July 1 each year, except that licenses for all mobile food concession units and retail mobile units shall be issued for the period April 1 to March 31, and shall be renewed thereafter by the licensee on or before April 1 each year. A license for a food broker or for a food processor or manufacturer shall be issued for the period January 1 to December 31 following and shall be renewed thereafter by the licensee on or before January 1 of each year, except that a license for a wholesale food processor or manufacturer operating only at the state fair or a county fair shall be issued for the period July 1 to June 30 following and shall be renewed thereafter by the licensee on or before July 1 of each year. A penalty for a late renewal shall be assessed in accordance with section 28A.08.

Sec. 15. Minnesota Statutes 1997 Supplement, section 28A.08, subdivision 3, is amended to read:

Subd. 3. [FEES EFFECTIVE JULY 1, 1996.]

Penalties

Type of food handler License Late No

Fee Renewal License

Effective

July 1, 1996

1. Retail food handler

(a) Having gross sales of only prepacked

nonperishable food of less than $15,000

for the immediately previous license or fiscal

year and filing a statement with the commissioner $ 45 $ 15 $ 25

(b) Having under $15,000 gross sales including

food preparation or having $15,000 to $50,000

gross sales for the immediately previous license

or fiscal year $ 61 $ 15 $ 25


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7985

(c) Having $50,000 to $250,000 gross sales for

the immediately previous license or fiscal year $118 $ 35 $ 75

(d) Having $250,000 to $1,000,000 gross sales

for the immediately previous license or fiscal year $202 $ 50 $100

(e) Having $1,000,000 to $5,000,000 gross sales

for the immediately previous license or fiscal year $562 $100 $175

(f) Having $5,000,000 to $10,000,000 gross sales

for the immediately previous license or fiscal year $787 $150 $300

(g) Having over $10,000,000 gross sales for the

immediately previous license or fiscal year $899 $200 $350

2. Wholesale food handler

(a) Having gross sales or service of less than $25,000

for the immediately previous license or fiscal year $ 50 $ 15 $ 15

(b) Having $25,000 to $250,000 gross sales or service

for the immediately previous license or fiscal year $225 $ 50 $100

(c) Having $250,000 to $1,000,000 gross sales or

service from a mobile unit without a separate food

facility for the immediately previous license or

fiscal year $337 $ 75 $150

(d) Having $250,000 to $1,000,000 gross sales or

service not covered under paragraph (c) for the

immediately previous license or fiscal year $449 $100 $200

(e) Having $1,000,000 to $5,000,000 gross sales

or service for the immediately previous license or

fiscal year $562 $125 $250

(f) Having over $5,000,000 gross sales for the

immediately previous license or fiscal year $647 $150 $300

3. Food broker $112 $ 30 $ 50

4. Wholesale food processor or manufacturer

(a) Having gross sales of less than $125,000 for the

immediately previous license or fiscal year $150 $ 50 $100

(b) Having $125,000 to $250,000 gross sales for the

immediately previous license or fiscal year $310 $ 75 $150

(c) Having $250,001 to $1,000,000 gross sales for the

immediately previous license or fiscal year $449 $100 $200

(d) Having $1,000,001 to 5,000,000 gross sales for the

immediately previous license or fiscal year $562 $125 $250


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7986

(e) Having $5,000,001 to $10,000,000 gross sales for

the immediately previous license or fiscal year $647 $150 $300

(f) Having over $10,000,000 gross sales for the

immediately previous license or fiscal year $900 $200 $350

5. Wholesale food processor of meat or poultry products

under supervision of the U. S. Department of Agriculture

(a) Having gross sales of less than $125,000 for the

immediately previous license or fiscal year $100 $ 25 $ 50

(b) Having $125,000 to $250,000 gross sales for the

immediately previous license or fiscal year $169 $ 50 $ 75

(c) Having $250,001 to $1,000,000 gross sales for the

immediately previous license or fiscal year $253 $ 75 $125

(d) Having $1,000,001 to $5,000,000 gross sales for

the immediately previous license or fiscal year $310 $ 75 $150

(e) Having $5,000,001 to $10,000,000 gross sales for

the immediately previous license or fiscal year $366 $100 $175

(f) Having over $10,000,000 gross sales for the

immediately previous license or fiscal year $500 $150 $250

6. Wholesale food processor or manufacturer operating

only at the state fair or a county fair $125 $ 40 $ 50

7. Wholesale food manufacturer having the permission

of the commissioner to use the name Minnesota

Farmstead cheese $ 30 $ 10 $ 15

7 8. Nonresident frozen dairy manufacturer $200 $ 50 $ 75

8 9. Wholesale food manufacturer processing less than

700,000 pounds per year of raw milk $ 30 $ 10 $ 15

9 10. A milk marketing organization without facilities

for processing or manufacturing that purchases milk

from milk producers for delivery to a licensed

wholesale food processor or manufacturer $ 50 $ 15 $ 25"

Page 42, line 32, after the period insert "Sections 14 and 15 are effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Knight, Molnau, Broecker, Larsen, Sykora, Seagren, Tompkins and Tingelstad offered an amendment to S. F. No. 3353, the unofficial engrossment, as amended.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7987

POINT OF ORDER

McCollum raised a point of order pursuant to rule 3.09 that the Knight et al amendment was not in order. The Speaker ruled the point of order well taken and the Knight et al amendment out of order.

Knight appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

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

There were 69 yeas and 60 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

So it was the judgment of the House that the decision of the Speaker should stand.

Rukavina moved to amend S. F. No. 3353, the unofficial engrossment, as amended, as follows:

Page 18, after line 25, insert:

"Sec. 17. Minnesota Statutes 1996, section 84.821, is amended by adding a subdivision to read:

Subd. 3. [AUXILIARY LIGHT SWITCH AND POWER SYSTEM.] All snowmobiles made after June 30, 2000, and sold in Minnesota after June 30, 2000, shall be designed and made to provide an auxiliary hazard light. Each snowmobile


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7988

shall be equipped with a switch, separate from the main electrical system, that activates and disengages the hazard light system."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

POINT OF ORDER

Seifert raised a point of order pursuant to rule 3.10 that the Rukavina amendment was not in order. The Speaker ruled the point of order not well taken and the Rukavina amendment in order.

The question recurred on the Rukavina amendment to S. F. No. 3353, the unofficial engrossment, as amended. The motion did not prevail and the amendment was not adopted.

Tomassoni offered an amendment to S. F. No. 3353, the unofficial engrossment, as amended.

POINT OF ORDER

Osthoff raised a point of order pursuant to rule 3.10 that the Tomassoni amendment was not in order. The Speaker ruled the point of order well taken and the Tomassoni amendment out of order.

S. F. No. 3353, A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; providing for regulation of certain activities and practices; amending Minnesota Statutes 1996, sections 3.737, subdivisions 1, 4, and by adding a subdivision; 41A.09, subdivision 1a; 84.83, subdivision 3; 84.871; 84.943, subdivision 3; 86B.415, by adding a subdivision; 97A.037, subdivision 1; 97A.245; 103C.315, subdivision 4; 103F.155, subdivision 2; 103F.161, subdivision 2; 103G.271, subdivision 6; 115B.175, subdivision 3; and 116.07, subdivision 4h; 116.49, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 17.101, subdivision 5; 41A.09, subdivision 3a; 84.8205; 84.86, subdivision 1; and 97A.485, subdivision 6; repealing Minnesota Statutes 1997 Supplement, section 85.015, subdivision 1c; Laws 1991, chapter 275, section 3.

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.

Sviggum moved that those not voting be excused from voting. The motion did not prevail.

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

There were 68 yeas and 62 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7989
Anderson, I. Folliard Johnson, R. Marko Paymar Tomassoni
Bakk Garcia Kahn McCollum Pelowski Trimble
Biernat Greenfield Kalis McGuire Peterson Tunheim
Carlson Greiling Kelso Milbert Pugh Wagenius
Chaudhary Hasskamp Kinkel Mullery Rest Wejcman
Clark, K. Hausman Koskinen Munger Rukavina Wenzel
Dawkins Hilty Kubly Murphy Schumacher Winter
Delmont Huntley Leighton Olson, E. Sekhon Spk. Carruthers
Dorn Jaros Lieder Opatz Skare
Entenza Jefferson Long Orfield Skoglund
Evans Jennings Mahon Osthoff Slawik
Farrell Johnson, A. Mariani Otremba, M. Solberg

Those who voted in the negative were:

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

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

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10 Solberg requested immediate consideration of H. F. No. 2874.

H. F. No. 2874 was reported to the House.

MOTION TO ADJOURN

Mahon moved that the House adjourn.

A roll call was requested and properly seconded.

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

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

There were 53 yeas and 76 nays as follows:

Those who voted in the affirmative were:

Bettermann Erhardt Knight Mulder Rifenberg Tingelstad
Boudreau Erickson Knoblach Ness Rostberg Tompkins
Bradley Finseth Krinkie Nornes Seifert Tuma
Broecker Goodno Kuisle Olson, M. Smith Van Dellen
Clark, J. Gunther Larsen Osskopp Stanek Weaver
Commers Haas Lindner Paulsen Stang Westfall
Daggett Harder Mahon Pawlenty Sviggum Wolf
Dehler Holsten McElroy Reuter Swenson, H. Workman
Dempsey Kielkucki Molnau Rhodes Sykora


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7990

Those who voted in the negative were:

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

The motion did not prevail.

Kelso moved to amend H. F. No. 2874, the third engrossment, as follows:

Page 17, line 16, delete "for"

Page 17, line 17, delete "either" and insert "to reduce"

Page 17, line 17, delete everything after "class" and insert "sizes"

Page 17, line 18, after "to" insert "facilitate implementing"

Page 17, line 18, delete everything after "rule"

Page 17, line 19, delete everything before the period

Page 26, line 6, before "A" insert "Subdivision 1. [AID AMOUNT.]"

Page 26, after line 9, insert:

"Subd. 2. [REVENUE USES.] Technology aid may be used for:

(1) purchase or lease of computer hardware or software to be used in classrooms and for instructional purposes;

(2) wiring, network connections and other technology-related infrastructure improvements;

(3) purchase or lease of interactive television network equipment and network support;

(4) purchase or lease of computer software and hardware designed to support special needs programming and limited English proficiency programming;

(5) network and technical support; and

(6) purchase of textbooks and other instructional materials.

A school district must first use state aid received under this subdivision for the purposes of clause (1). Any remaining aid may be used for the purposes of clauses (2) to (6).


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7991

Subd. 3. [DISTRICT REPORT.] Each school district shall submit a report in the form and manner prescribed by the commissioner of children, families and learning to the commissioner by August 15, 1999 describing its technology investments funded through this section including whether the expenditures were on textbooks, networks, interactive television activities or classroom computers. The report must also summarize information on the number and type of computers in each classroom or other applicable setting. The report shall also contain the district plan for maintaining and supporting the district investment over the three years following the date of acquisition of the new technology."

The motion prevailed and the amendment was adopted.

Carlson moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 112, line 1, before the period, insert "that accommodates the needs of all children"

The motion prevailed and the amendment was adopted.

Munger and Kelso moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 55, after line 24, insert:

"Sec. 21. Minnesota Statutes 1996, section 124.078, is amended to read:

124.078 [PERMANENT SCHOOL FUND ADVISORY COMMITTEE.]

A state permanent school fund advisory committee is established to advise the department of natural resources on the management of permanent school fund land, which is held in trust for the school districts of the state. The advisory committee shall consist of the following persons or their designees: the chairs of the education committees of the legislature, the chairs of the senate committee on finance and house committee on ways and means, the chairs of the senate and house environment and natural resources committees, the chair of the senate environment and agriculture budget division committee, the chair of the house environment, natural resources and agriculture finance committee, the commissioner of children, families, and learning, one superintendent from a nonmetropolitan district, and one superintendent from a metropolitan area district. The commissioner of natural resources shall serve as an ex officio member. The school district superintendents shall be appointed by the commissioner of children, families, and learning.

The advisory committee shall review the policies of the department of natural resources and current statutes on management of school trust fund lands at least semiannually and shall recommend necessary changes in statutes, policy, and implementation in order to ensure provident utilization of the permanent school fund lands. An annual report of activities and recommendations shall be submitted to the governor, the president of the senate, and the speaker of the house."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Munger and Kelso amendment and the roll was called.

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


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7992

There were 72 yeas and 58 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion prevailed and the amendment was adopted.

Greiling moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 12, line 17, after "(c)" insert If the state special education base revenue is not known during the current year, the department of children, families, and learning shall initially calculate school district special education revenue based on 95 percent of the state total special education revenue established in subdivision 4 until the special education base revenue is known.

(d)" and delete "and (b)" and insert ", (b) and (c)"

Page 61, strike lines 21 to 36

Page 62, strike lines 1 to 6 and delete lines 7 to 12

Page 133, line 26, delete "grants" and insert "a grant"

The motion prevailed and the amendment was adopted.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7993

Dorn, Pelowski, Carlson, Hausman, Goodno, Schumacher, Ness, Mares, Kelso, McCollum, Tomassoni and Biernat moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 138, after line 18, insert:

"Sec. 30. [RECOMMENDATIONS FOR ALTERNATIVE SCHOOL YEAR CALENDARS.]

Subdivision 1. [WORKING GROUP.] The commissioner of children, families and learning shall convene a working group to consider alternative school year calendars, including at least 45-15 plans, four-quarter plans, quinmester plans, extended learning year plans, flexible all-year plans, and four-day week plans, and recommend to the legislature those alternative school year calendars that best allow school districts to meet the educational needs of their students. The working group must include one representative from each of the following organizations: the Minnesota school boards association; the Minnesota education association; the Minnesota federation of teachers; the Minnesota association of school administrators; the Minnesota association of secondary school principals; the Minnesota elementary school principals' association; the Minnesota association for pupil transportation; the Minnesota association for supervision and curriculum; the Minnesota congress of parents, teachers and students; the Minnesota state high school league; the Minnesota business partnership; and the Minnesota restaurant, hotel and resort associations. By February 1, 1999, the commissioner shall submit the group's recommendations concerning the alternative school year calendars that best allow school districts to meet the educational needs of their students to the chairs of the education committees of the legislature.

Subd. 2. [ISSUE TO RESOLVE.] In recommending to the legislature the alternative school year calendars that best allow school districts to meet the educational needs of their students, the working group must at least consider:

(1) how buildings and other facilities can be optimally used during an entire year;

(2) what the optimal learning year schedule is of elementary and secondary disabled students and staff in schools and residential facilities;

(3) how a district divides its students among its facilities to accommodate an alternative school year calendar;

(4) how a district accommodates an alternative school year calendar in the context of the public employment labor relations act;

(5) what parent involvement is required in establishing an alternative school year calendar;

(6) how school staff is assigned in a district with fewer than all facilities adopting an alternative school year calendar;

(7) how teachers' contracting rights are affected by an alternative school year calendar;

(8) what educational standards and requirements apply to a district operating an alternative school year calendar;

(9) what adjustments of attendance and apportionments of state aid are required; and addressed in an alternative school year calendar."

Page 141, line 34, after "28," insert "30,"

The motion prevailed and the amendment was adopted.

Kinkel; Hasskamp; Skare; Delmont; McCollum; Otremba, M.; Bakk; Rostberg; Holsten; Anderson, I.; Slawik; Nornes; Kahn; Tomassoni; Tunheim; Milbert; Solberg; Mariani; Jefferson; Wenzel; Daggett; Peterson; Rukavina; Olson, M.; Bettermann; Osthoff; Farrell; Hilty and Trimble moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 126, after line 31, insert:


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7994

"Sec. 11. Minnesota Statutes 1996, section 126.12, subdivision 1, is amended to read:

Subdivision 1. Except for learning programs during summer, flexible learning year programs authorized under sections 120.59 to 120.67, and learning year programs under section 121.585, a school district shall not commence an elementary or secondary school year prior to Labor Day September 1. Days which are devoted to teachers' workshops may be held before Labor Day September 1. Districts that enter into cooperative agreements are encouraged to adopt similar school calendars."

Page 141, delete line 23

Page 141, line 24, delete "(b)"

Page 141, delete line 36

Page 142, delete line 1

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kinkel et al amendment and the roll was called.

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

There were 82 yeas and 48 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Kahn Marko Pelowski Tingelstad
Bettermann Garcia Kalis McCollum Peterson Tomassoni
Broecker Goodno Kinkel Milbert Pugh Trimble
Carlson Harder Knoblach Mullery Rest Tunheim
Chaudhary Hasskamp Koskinen Munger Reuter Vandeveer
Clark, K. Hausman Kraus Murphy Rostberg Wagenius
Daggett Hilty Kubly Ness Rukavina Weaver
Dawkins Holsten Larsen Nornes Schumacher Wejcman
Delmont Huntley Leighton Olson, M. Seifert Wenzel
Dorn Jaros Lieder Opatz Skare Westfall
Entenza Jennings Long Osthoff Slawik Winter
Evans Johnson, A. Mahon Otremba, M. Solberg Spk. Carruthers
Farrell Johnson, R. Mares Ozment Stanek
Finseth Juhnke Mariani Paymar Stang

Those who voted in the negative were:

Abrams Dehler Jefferson McElroy Pawlenty Swenson, H.
Anderson, B. Dempsey Kelso McGuire Rhodes Sykora
Biernat Erhardt Kielkucki Molnau Rifenberg Tompkins
Boudreau Erickson Knight Mulder Seagren Tuma
Bradley Greenfield Krinkie Olson, E. Sekhon Van Dellen
Clark, J. Greiling Kuisle Orfield Skoglund Westrom
Commers Gunther Leppik Osskopp Smith Wolf
Davids Haas Lindner Paulsen Sviggum Workman

The motion prevailed and the amendment was adopted.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7995

Smith moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 13, after line 26, insert:

"(f) Notwithstanding paragraph (d), a district providing special instruction and services for a child with a disability enrolled in that district according to section 120.062 may levy for any excess cost of that instruction. The resident district is not required to pay additional costs of a child with a disability enrolled in another district according to section 120.062 beyond the formula amount which follows every resident child to the serving district."

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

Kahn, Reuter and Krinkie offered an amendment to H. F. No. 2874, the third engrossment, as amended.

Carlson requested a division of the Kahn et al amendment to H. F. No. 2874, the third engrossment, as amended.

The first portion of the Kahn et al amendment to H. F. No. 2874, the third engrossment, as amended, reads as follows:

Page 2, line 5 of the Kelso amendment, after "Subd. 3." insert "[TEACHER TRAINING TO ENSURE COMPUTER COMPETENCY; ALLOCATION PRIORITIES.] Beginning before the 1998-1999 school year, school districts must make a best effort to provide training to all teachers to ensure that teachers have the skills needed to successfully use school computers."

The motion prevailed and the first portion of the Kahn et al amendment was adopted.

The second portion of the Kahn et al amendment to H. F. No. 2874, the third engrossment, as amended, reads as follows:

Page 2, line 5 of the Kelso amendment, after "Subd. 3." insert "To the extent there are not computers available for each classroom, districts shall first place computers in the classrooms of those teachers who satisfactorily demonstrate their ability to successfully use school computers.

Subd. 4."

The motion did not prevail and the second portion of the Kahn et al amendment was not adopted.

Seifert and Pelowski moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 138, after line 18, insert:

"Sec. 30. [PROFILE OF LEARNING REPORT.]

The department of children, families and learning shall submit a written report to the education committees of the legislature by January 15, 1999 itemizing all direct and indirect state and local revenues actually expended in developing and fully implementing the profile of learning rule under Minnesota Statutes 1997, section 121.11, subdivision 7c, and all projected future expenditures needed to fully implement the rule statewide. Among the costs to be itemized in the report are the costs to date and projected future costs of developing, promulgating and fully implementing the rule statewide and the costs to date and projected future costs of providing staff development training to fully implement the rule statewide. The department shall submit the report to the legislative auditor in a timely fashion for review and comment by the legislative auditor before submitting the report to the legislature. The report shall include as an attachment all comments by the legislative auditor."


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7996

Page 141, line 34, after "28," insert "30,"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Seifert and Pelowski amendment and the roll was called.

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

There were 110 yeas and 18 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I. Hausman Jaros Koskinen Orfield Trimble
Biernat Hilty Jennings Lieder Paymar Wejcman
Evans Huntley Kahn Munger Solberg Spk. Carruthers

The motion prevailed and the amendment was adopted.

Ness moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 120, after line 2, insert:

"(e) The federal Goals 2000 provision shall not be required by the state or local school district to be implemented in the graduation rule or high standard content areas or other graduation requirements."

Page 120, line 3, strike "(e)" and insert "(f)"

Page 120, line 7, strike "(f)" and insert "(g)"

The motion prevailed and the amendment was adopted.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7997

Long moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 147, after line 23, insert:

"Sec. 11. Minnesota Statutes 1996, section 471.895, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Gift" has the meaning given it in section 10A.071, subdivision 1.

(c) "Interested person" means a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make.

(d) "Local official" means an elected or appointed official of a school district, county, or city or of an agency, authority, or instrumentality of a school district, county, or city."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Long amendment and the roll was called.

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

There were 109 yeas and 17 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I. Huntley Leighton Opatz Seifert Tunheim
Bakk Jaros Mahon Rukavina Solberg Winter
Hilty Kelso Milbert Schumacher Tomassoni

The motion prevailed and the amendment was adopted.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7998

Knight moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 118, line 31, strike everything after the period

Page 118, strike lines 32 to 35 through the period

Page 119, strike lines 17 to 31 and delete lines 31 to 36

Page 120, delete lines 1 and 2

Page 120, line 3, strike "(e)" and insert "(d)"

Page 120, line 7, strike "(f)" and insert "(e)"

Page 120, strike lines 35 and 36

Page 121, strike lines 1 to 6

Page 121, line 7, strike "(c)" and insert "(b)"

Page 121, line 24, strike "(d)" and insert "(c)"

Page 122, line 18, strike "(e)" and insert "(d)"

A roll call was requested and properly seconded.

The question was taken on the Knight amendment and the roll was called. There were 27 yeas and 104 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Davids Knight Nornes Seifert Westrom
Bettermann Goodno Knoblach Olson, M. Sviggum Workman
Boudreau Gunther Kuisle Osskopp Swenson, H.
Bradley Harder Lindner Reuter Tompkins
Clark, J. Kielkucki Mulder Rifenberg Westfall

Those who voted in the negative were:

Abrams Evans Juhnke McCollum Pelowski Tingelstad
Anderson, I. Farrell Kahn McElroy Peterson Tomassoni
Bakk Finseth Kalis McGuire Pugh Trimble
Biernat Folliard Kelso Milbert Rest Tuma
Broecker Garcia Kinkel Molnau Rhodes Tunheim
Carlson Greenfield Koskinen Mullery Rostberg Van Dellen
Chaudhary Greiling Kraus Munger Rukavina Vandeveer
Clark, K. Haas Krinkie Murphy Schumacher Wagenius
Commers Hasskamp Kubly Ness Seagren Weaver
Daggett Hausman Larsen Olson, E. Sekhon Wejcman
Dawkins Hilty Leighton Opatz Skare Wenzel
Dehler Holsten Leppik Orfield Skoglund Winter
Delmont Huntley Lieder Osthoff Slawik Wolf
Dempsey Jaros Long Otremba, M. Smith Spk. Carruthers
Dorn Jefferson Mahon Ozment Solberg
Entenza Jennings Mares Paulsen Stanek
Erhardt Johnson, A. Mariani Pawlenty Stang
Erickson Johnson, R. Marko Paymar Sykora

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


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 7999

Mulder moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 113, delete lines 4 to 13 and insert:

"Subd. 5. [COORDINATED FACILITIES PLANS.] For grants for coordinated facilities plans:

$ 350,000 . . . . . 1999

Of this amount, $150,000 is for independent school district No. 2135, Maple River, and $200,000 is for independent school district No. 2184, LuVerne. The grants shall be used to examine and coordinate the districts' building needs. Each district must evaluate how the current use of its facilities is affecting its educational services and examine cost efficiencies that may result from a coordinated facilities plan. The grants may be used for operating purposes, transportation purposes, or facilities purposes that lead to greater program efficiencies."

The motion prevailed and the amendment was adopted.

Knoblach moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 16, line 34, delete "$63" and insert "$67"

Page 16, line 35, delete "$56" and insert "$60"

Page 17, after line 33, insert:

"(e) A school district qualifies for revenue under this subdivision if the district's per pupil unit general education revenue, excluding its referendum revenue, falls below the ninety-fifth percentile of general education revenue."

Page 26, line 6, delete "$61" and insert "$65"

Page 26, line 4, after the period, insert "A school district qualifies for revenue under this subdivision if the district's per pupil unit general education revenue, excluding its referendum revenue, falls below the ninety-fifth percentile of general education revenue."

A roll call was requested and properly seconded.

The question was taken on the Knoblach amendment and the roll was called.

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

There were 61 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Kielkucki Molnau Rifenberg Tuma
Anderson, B. Dempsey Knight Ness Rostberg Van Dellen
Anderson, I. Dorn Knoblach Nornes Seifert Vandeveer
Bettermann Erhardt Kraus Olson, M. Smith Weaver
Boudreau Erickson Krinkie Opatz Stanek Westfall
Bradley Finseth Kuisle Osskopp Stang Workman
Broecker Goodno Larsen Ozment Sviggum
Clark, J. Gunther Leppik Paulsen Swenson, H.
Commers Haas Lindner Pawlenty Sykora
Daggett Harder Mares Reuter Tingelstad
Davids Holsten McElroy Rhodes Tompkins


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8000

Those who voted in the negative were:

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

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

Sviggum offered an amendment to H. F. No. 2874, the third engrossment, as amended.

Opatz requested a division of the Sviggum amendment to H. F. No. 2874, the third engrossment, as amended.

Opatz further requested that the second portion of the divided Sviggum amendment to H. F. No. 2874, the third engrossment, as amended, be voted on first.

The second portion of the Sviggum amendment to H. F. No. 2874, the third engrossment, as amended, reads as follows:

Page 120, line 36, strike "in all required learning areas and"

Page 121, strike line 1

Page 121, line 2, strike the language before the period and insert "using a nationally norm-referenced standardized achievement examination"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the second portion of the Sviggum amendment and the roll was called. There were 118 yeas and 13 nays as follows:

Those who voted in the affirmative were:

Abrams Erickson Juhnke Marko Pawlenty Sviggum
Anderson, B. Evans Kalis McCollum Pelowski Swenson, H.
Anderson, I. Farrell Kelso McElroy Peterson Sykora
Bettermann Finseth Kielkucki McGuire Pugh Tingelstad
Biernat Folliard Kinkel Milbert Rest Tompkins
Boudreau Garcia Knight Molnau Reuter Tuma
Bradley Goodno Knoblach Mulder Rhodes Tunheim
Broecker Greenfield Koskinen Mullery Rifenberg Van Dellen
Carlson Greiling Kraus Munger Rostberg Vandeveer
Chaudhary Gunther Krinkie Murphy Schumacher Wagenius
Clark, J. Haas Kubly Ness Seagren Weaver
Clark, K. Harder Kuisle Nornes Seifert Wenzel
Commers Hasskamp Larsen Olson, E. Sekhon Westfall
Daggett Hilty Leighton Olson, M. Skare Westrom
Davids Holsten Leppik Opatz Skoglund Winter
Dehler Huntley Lieder Osskopp Slawik Wolf
Delmont Jefferson Lindner Osthoff Smith Workman
Dempsey Jennings Long Otremba, M. Solberg Spk. Carruthers

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8001
Dorn Johnson, A. Mahon Ozment Stanek
Erhardt Johnson, R. Mares Paulsen Stang

Those who voted in the negative were:

Bakk Hausman Mariani Rukavina Wejcman
Dawkins Jaros Orfield Tomassoni
Entenza Kahn Paymar Trimble

The motion prevailed and the second portion of the Sviggum amendment was adopted.

The first portion of the Sviggum amendment to H. F. No. 2874, the third engrossment, as amended, reads as follows:

Page 16, line 14, delete section 21

Page 16, line 30, delete section 22, and insert:

"Sec. 21. Minnesota Statutes 1997 Supplement, section 124A.22, subdivision 2, is amended to read:

Subd. 2. [BASIC REVENUE.] The basic revenue for each district equals the formula allowance times the actual pupil units for the school year. The formula allowance for fiscal year 1997 is $3,505. The formula allowance for fiscal year 1998 is $3,581 and, the formula allowance for fiscal year 1999 is $3,596 and the formula allowance for fiscal year 2000 and subsequent fiscal years is $3,530 $3,586. The additional revenue for fiscal year 1999 and later is for the three additional days of instruction."

Page 25, line 33, delete "2.9" and insert "3.82"

Page 26, line 18, delete "$59,787,000" and insert "$71,787,000"

Page 27, line 4, delete "$52,000,000" and insert "$40,000,000"

Page 120, line 2, after the period insert "Each school district shall develop and implement the assignments and activities students must complete to meet state and local graduation requirements. No state-developed performance packages shall be required under this section."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8002

The question was taken on the first portion of the Sviggum amendment and the roll was called.

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

There were 60 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Seagren; Ness; Dorn; Leppik; Johnson, A.; Seifert; Pelowski; Mares; Tomassoni; Solberg; Kalis; Rhodes; Wenzel; Dempsey; Broecker; Knoblach; Erickson; Paulsen; Rifenberg; Sykora; Huntley; Murphy; Jennings; Wolf and Trimble moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 16, line 34, delete "$63" and insert "$50"

Page 16, line 35, after "1999" insert "plus $16 times its actual pupil units for fiscal year 1999 if the district implements the graduation rule under section 121.1114, paragraph (b),"

Page 16, line 35, after "unit" insert "for all districts"

Page 17, line 5, delete "$36" and insert "$20" and after "unit" insert "plus $16 per actual pupil unit for a district that implements the graduation rule under section 121.1114, paragraph (b),"

Page 17, line 16, delete "for"

Page 17, line 17, delete "either" and insert "to reduce"

Page 17, line 17, delete everything after "class" and insert "sizes"


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8003

Page 17, line 18, after "to" insert "facilitate implementing"

Page 17, line 18, delete everything after "rule"

Page 17, line 19, delete everything before the period

Page 17, line 22, delete "either" and insert a colon

Page 17, line 23, before "staff" insert "(1)" and before "or" insert "(2) gifted and talented programs;" and after "or" insert "(3)"

Page 17, after line 24, insert:

"At least $5 per actual pupil unit of the revenue received under this paragraph must be used for gifted and talented programs."

Page 122, after line 20, insert:

"Sec. 8. [121.1114] [GRADUATION RULE.]

Subdivision 1. [IMPLEMENTATION OF THE PROFILE OF LEARNING.] (a) A school district shall implement the profile of learning of the graduation rule under paragraph (b) or (c).

(b) A school district shall implement the profile of learning for the 1998-1999 school year and later.

(c) A school district shall implement the profile of learning as follows:

(1) for the 1998-1999 school year and later, the district shall implement all required standards in learning areas at the preparatory level and implement at the high school level a minimum of four learning areas under the profile of learning with two or more from the areas of read, listen, and view; mathematical applications; scientific applications; and people and cultures; and the remainder, if four have not been selected from the above, from the areas of write and speak; literature and the arts; inquiry; decision making; resource management; and world language;

(2) for the 1999-2000 school year and later, the district shall implement at the high school level three learning areas in addition to those implemented under clause (1). The district shall complete the four learning areas of read, listen, and view; mathematical applications; scientific applications; and people and cultures if the four areas were not completed in clause (1); and the remainder from the areas of write and speak; literature and the arts; inquiry; decision making; resource management; and world language; and

(3) for the 2000-2001 school year and later, the district shall implement at the high school level the three learning areas in the profile of learning that were not implemented under clauses (1) and (2).

(d) A district shall notify the commissioner by July 1, 1998, as to whether the district will implement the profile of learning under paragraph (b) or (c).

(e) An advisory committee of 15 members is established to advise the governor, legislature, state board of education, and commissioner on the implementation of the graduation rule under this section. The majority and minority leaders of the senate and the house of representatives shall each appoint one member. The commissioner shall appoint an additional 11 members with three representatives from education organizations and eight representatives from business, higher education, parents, and organizations representing communities of color.

The committee shall review the implementation of the basic requirements and the profile of learning standards and make recommendations in areas such as clarification; relevance; content; organization; rigor; the number of required learning areas and standards; recordkeeping; improved ways to inform parents regarding the standards; ways to improve assistance to schools and sites; ways to accommodate students who successfully complete alternate courses or programs of study such as advanced placement, international baccalaureate, post-secondary courses, foreign study, and internships; and other implementation related issues.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8004

The commissioner shall convene the committee periodically and the committee shall report to the governor, legislature, state board of education, and commissioner annually by February 15 on its findings. The commissioner shall provide technical and other assistance to the advisory committee. The committee expires on February 16, 2002.

(f) The commissioner shall provide information to districts, students, parents or guardians of students, post-secondary institutions, and the public about the status and implementation of the graduation standards.

Subd. 2. [DISTRICT PERFORMANCE PACKAGES.] School districts are not required to use a state model performance package. The district may use a performance package adopted by the district that equals or exceeds the difficulty of the state model performance package."

Page 141, after line 33, insert:

"(c) Section 8 is effective for the profile of learning of the graduation rule authorized under Minnesota Statutes, section 121.11, subdivision 7c, and adopted after January 1, 1998."

Page 141, line 34, delete "(c)" and insert "(d)"

Page 141, line 36, delete "(d)" and insert "(e)"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Kelso and Carlson moved to amend the Seagren et al amendment to H. F. No. 2874, the third engrossment, as amended, as follows:

Page 2, line 9, delete "or (c)" and insert ", (c), or (d)" and after the period, insert:

"A district may implement the profile of learning under paragraph (c) or (d) only after the school board of the district formally approves the implementation schedule under paragraph (c) or adopts a local plan for implementation under paragraph (d) and, notwithstanding any law to the contrary, the commissioner, at the commissioner's discretion, authorizes the district to implement the profile of learning under paragraph (c) or (d)."

Page 2, after line 36, insert:

"(d) A district shall develop a local plan to implement the profile of learning and have all ten learning areas fully implemented by the 2001-2002 school year."

Page 3, line 1, delete "(d)" and insert "(e)"

Page 3, line 3, delete "or (c)" and insert ", (c), or (d)"

Page 3, line 4, delete "(e)" and insert "(f)"

Page 3, line 30, delete "(f)" and insert "(g)"

The motion prevailed and the amendment to the amendment was adopted.

Ness moved to amend the Seagren et al amendment, as amended, to H. F. No. 2874, the third engrossment, as amended, as follows:

Page 3, line 1, delete "July" and insert "September"

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


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8005

Westrom moved to amend the Seagren et al amendment, as amended, to H. F. No. 2874, the third engrossment, as amended, as follows:

Page 1, delete lines 3 to 12

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called.

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

There were 24 yeas and 106 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dehler Lindner Olson, M. Seifert Tuma
Boudreau Harder Molnau Osskopp Sviggum Westfall
Clark, J. Kielkucki Mulder Rifenberg Swenson, H. Westrom
Daggett Knight Nornes Rostberg Tompkins Workman

Those who voted in the negative were:

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

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

The question recurred on the Seagren et al amendment, as amended, to H. F. No. 2874, the third engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.

Sviggum offered an amendment to H. F. No. 2874, the third engrossment, as amended.

POINT OF ORDER

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

Sviggum appealed the decision of the Chair.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8006

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

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

There were 69 yeas and 61 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

So it was the judgment of the House that the decision of the Speaker should stand.

Krinkie moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 25, line 33, delete "2.9" and insert "zero"

Page 27, line 4, delete "$52,000,000" and insert "$90,100,000"

Page 27, line 6, delete "$59,000,000" and insert "$20,900,000"

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8007

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

There were 35 yeas and 95 nays as follows:

Those who voted in the affirmative were:

Abrams Commers Harder Kuisle Osskopp Tompkins
Anderson, B. Daggett Holsten Larsen Ozment Tuma
Boudreau Dehler Kielkucki Lindner Paulsen Vandeveer
Bradley Erhardt Knight Mulder Reuter Westfall
Broecker Goodno Knoblach Ness Seifert Workman
Clark, J. Haas Krinkie Olson, M. Skare

Those who voted in the negative were:

Anderson, I. Finseth Kahn McElroy Peterson Swenson, H.
Bakk Folliard Kalis McGuire Pugh Sykora
Bettermann Garcia Kelso Milbert Rest Tingelstad
Biernat Greenfield Kinkel Molnau Rhodes Tomassoni
Carlson Greiling Koskinen Mullery Rifenberg Trimble
Chaudhary Gunther Kraus Munger Rostberg Tunheim
Clark, K. Hasskamp Kubly Murphy Rukavina Van Dellen
Davids Hausman Leighton Nornes Schumacher Wagenius
Dawkins Hilty Leppik Olson, E. Seagren Weaver
Delmont Huntley Lieder Opatz Sekhon Wejcman
Dempsey Jaros Long Orfield Skoglund Wenzel
Dorn Jefferson Mahon Osthoff Slawik Westrom
Entenza Jennings Mares Otremba, M. Solberg Winter
Erickson Johnson, A. Mariani Pawlenty Stanek Wolf
Evans Johnson, R. Marko Paymar Stang Spk. Carruthers
Farrell Juhnke McCollum Pelowski Sviggum

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

Bettermann moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 25, line 30, delete section 38 and insert:

"Sec. 38. [CLASS SIZE REDUCTION.]

Subdivision 1. [AID AMOUNT.] A school district is eligible for class size reduction revenue equal to $53 times the number of fund balance pupil units in the district for fiscal year 1999 excluding fund balance pupil units attributable to shared time pupil units.

Subd. 2. [REVENUE USES.] Revenue received under this subdivision must be used only to reduce the student teacher ratio in instructional classrooms.

Subd. 3. [REPORT.] A school district must report by January 15, 1999, to the commissioner of children, families and learning on the class size ratio in each instructional classroom located within the district. The report must list the number of students in the classroom before the application of this state aid and list the class size ratio that was reached in each classroom after receiving state aid under this section."


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8008

Page 27, delete lines 1 to 3 and insert:

"Subd. 6. [CLASS SIZE REDUCTION.] For class size reduction under section 38:"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Bettermann amendment and the roll was called.

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

There were 39 yeas and 91 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erickson Lindner Paulsen Sviggum Weaver
Bettermann Gunther McElroy Reuter Swenson, H. Westfall
Boudreau Harder Molnau Rifenberg Sykora Westrom
Clark, J. Holsten Mulder Rostberg Tingelstad Workman
Daggett Kielkucki Ness Seifert Tompkins
Davids Knoblach Nornes Stanek Tuma
Dehler Kuisle Osskopp Stang Van Dellen

Those who voted in the negative were:

Abrams Evans Johnson, A. Long Otremba, M. Solberg
Anderson, I. Farrell Johnson, R. Mahon Ozment Tomassoni
Bakk Finseth Juhnke Mares Pawlenty Trimble
Biernat Folliard Kahn Mariani Paymar Tunheim
Bradley Garcia Kalis Marko Pelowski Vandeveer
Broecker Goodno Kelso McCollum Peterson Wagenius
Carlson Greenfield Kinkel McGuire Pugh Wejcman
Chaudhary Greiling Knight Milbert Rest Wenzel
Clark, K. Haas Koskinen Mullery Rhodes Winter
Commers Hasskamp Kraus Munger Rukavina Wolf
Dawkins Hausman Krinkie Murphy Schumacher Spk. Carruthers
Delmont Hilty Kubly Olson, E. Seagren
Dempsey Huntley Larsen Olson, M. Sekhon
Dorn Jaros Leighton Opatz Skare
Entenza Jefferson Leppik Orfield Skoglund
Erhardt Jennings Lieder Osthoff Slawik

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

Leppik, Rest, Carlson, Daggett, Kraus, Pelowski, Kinkel, Tingelstad and Seagren moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 126, after line 8, insert:

"Sec. 15. [124.305] [LOW-INCOME CONCENTRATION LEVY PROGRAM.]

Subdivision 1. [ELIGIBILITY.] A school building qualifies for the low-income concentration program if:

(1) at least 20 percent of the enrolled students are eligible to receive free or reduced price lunch based on the enrollment counts for the previous year;


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8009

(2) at least 20 percent of the enrolled students are students of color based on the enrollment counts for the previous year; and

(3) the school building is located in a school district that is not wholly located within the boundaries of a city of the first class.

Subd. 2. [LEVY.] For taxes payable in 1999 only, a school district may levy an amount equal to:

(1) $286; times

(2) the number of children eligible to receive free or reduced price lunch for the previous year enrolled at each qualifying site within the district.

Subd. 3. [REVENUE USES.] Low-income concentration revenue must be used for the purposes listed in section 124A.28, subdivision 1a.

Subd. 4. [LEVY RECOGNITION.] A school district shall recognize the entire amount of the levy certified under this section in fiscal year 1999.

Subd. 5. [VOTER APPROVAL.] A school district may levy a tax under this section only after authorization by the electors. The amounts approved by the electors are not subject to the revenue limitations under section 124A.03. The election may be held on a day other than the first Tuesday after the first Monday in November."

Page 150, line 26, delete "and" and insert a comma, and after "13" insert ", and 14"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Leppik et al amendment and the roll was called.

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

There were 86 yeas and 43 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Kielkucki McElroy Pelowski Tompkins
Anderson, B. Dorn Kinkel McGuire Rest Tuma
Bettermann Erhardt Knight Molnau Reuter Tunheim
Boudreau Erickson Knoblach Mullery Rhodes Van Dellen
Bradley Farrell Koskinen Munger Rifenberg Vandeveer
Broecker Finseth Kraus Murphy Rostberg Weaver
Carlson Folliard Krinkie Ness Seagren Westfall
Chaudhary Garcia Kuisle Nornes Seifert Westrom
Clark, J. Goodno Larsen Olson, E. Sekhon Wolf
Clark, K. Greiling Leppik Olson, M. Stanek Workman
Commers Gunther Lieder Opatz Stang Spk. Carruthers
Daggett Haas Lindner Osskopp Sviggum
Davids Harder Mares Ozment Swenson, H.
Dehler Hasskamp Mariani Paulsen Sykora
Delmont Holsten McCollum Pawlenty Tingelstad


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8010

Those who voted in the negative were:

Anderson, I. Huntley Kalis Mulder Schumacher Wejcman
Bakk Jaros Kelso Orfield Skare Wenzel
Biernat Jefferson Kubly Osthoff Skoglund Winter
Entenza Jennings Leighton Otremba, M. Slawik
Evans Johnson, A. Long Paymar Solberg
Greenfield Johnson, R. Mahon Peterson Tomassoni
Hausman Juhnke Marko Pugh Trimble
Hilty Kahn Milbert Rukavina Wagenius

The motion prevailed and the amendment was adopted.

Ness moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 120, line 2, after the period insert "Consistent with sections 121.1113, 121.1115, 123.97 and 123.972, a school district shall establish the content standards and performance packages students must complete in order to meet state and local high school graduation requirements. A school district, at its discretion, may elect to adopt state-developed content standards and performance packages."

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

Seagren moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 19, line 33, delete section 25 and insert:

"Sec. 25. Minnesota Statutes 1997 Supplement, section 124A.28, subdivision 1a, is amended to read:

Subd. 1a. [BUILDING ALLOCATION.] (a) A district must allocate at least 50 percent of its compensatory revenue to each school building in the district where the children who have generated the revenue are served.

(b) A district may use up to 50 percent of its compensatory revenue for districtwide, site-based compensatory education programs if the school board notifies each school site decision-making team of its intent prior to adopting a written resolution to use the revenue for districtwide, site-based compensatory education programs.

(c) If the pupil is served at a site other than one owned and operated by the district, the revenue shall be paid to the district and used for services for pupils who generate the revenue."

A roll call was requested and properly seconded.

The question was taken on the Seagren amendment and the roll was called.

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

There were 64 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Kielkucki Molnau Rhodes Tompkins
Anderson, B. Dorn Knight Mulder Rifenberg Tuma
Bettermann Erhardt Knoblach Ness Rostberg Van Dellen
Boudreau Erickson Kraus Nornes Seagren Vandeveer
Bradley Finseth Krinkie Olson, M. Seifert Weaver
Broecker Goodno Kuisle Osskopp Stanek Westfall
Clark, J. Gunther Larsen Ozment Stang Westrom

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8011
Commers Haas Leppik Paulsen Sviggum Wolf
Daggett Harder Lindner Pawlenty Swenson, H. Workman
Davids Holsten Mares Paymar Sykora
Dehler Johnson, R. McElroy Reuter Tingelstad

Those who voted in the negative were:

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

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

Pawlenty moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 1, line 9 of the Kelso and Carlson amendment, delete everything after "(d)" and insert a period

Page 1, delete lines 10 to 12 of the Kelso and Carlson amendment, and insert "If a district elects to implement the profile of learning under paragraph (d), the commissioner must approve the district's local plan. A district may not implement a local plan under paragraph (d) without receiving the commissioner's approval."

A roll call was requested and properly seconded.

The question was taken on the Pawlenty amendment and the roll was called.

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

There were 56 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Knight Ness Schumacher Vandeveer
Anderson, B. Dorn Knoblach Nornes Seifert Weaver
Bettermann Erhardt Kraus Olson, M. Stanek Wenzel
Boudreau Finseth Krinkie Paulsen Stang Westfall
Bradley Goodno Larsen Pawlenty Sviggum Westrom
Broecker Gunther Lindner Pelowski Swenson, H. Workman
Clark, J. Haas Mares Reuter Tingelstad
Commers Harder McElroy Rhodes Tompkins
Daggett Holsten Molnau Rifenberg Tuma
Davids Kielkucki Mulder Rostberg Van Dellen


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8012

Those who voted in the negative were:

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

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

Kuisle and Tuma moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 113, delete lines 4 to 13 and insert:

"Subd. 5. [COORDINATED FACILITIES PLANS.] For grants for coordinated facilities plans:

$2,450,000 . . . . . 1999

Of this amount, $500,000 is for independent school district No. 761, Owatonna, $300,000 is for independent school district No. 466, Dassel-Cokato, $100,000 is for independent school district No. 2172, Kenyon-Wanamingo, $850,000 is for independent school district No. 882, Monticello, $450,000 is for independent school district No. 727, Big Lake, $200,000 is for independent school district No. 392, LeCenter, $350,000 is for independent school district No. 534, Stewartville, $265,000 is for independent school district No. 542, Battle Lake, $200,000 is for independent school district No. 659, Northfield, $200,000 is for independent school district No. 2135, Maple River, and $200,000 is for independent school district No. 2184, LuVerne. The grants shall be used to examine and coordinate the districts' building needs. Each district must evaluate how the current use of its facilities is affecting its educational services and examine cost efficiencies that may result from a coordinated facilities plan. The grants may be used for operating purposes, transportation purposes, or facilities purposes that lead to greater program efficiencies."

A roll call was requested and properly seconded.

The question was taken on the Kuisle and Tuma amendment and the roll was called.

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

There were 59 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dempsey Knight Mulder Rifenberg Tingelstad
Bettermann Erhardt Knoblach Ness Rostberg Tompkins
Boudreau Erickson Kraus Nornes Schumacher Tuma
Bradley Finseth Kuisle Olson, M. Seagren Van Dellen

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8013
Broecker Goodno Larsen Osskopp Seifert Weaver
Clark, J. Gunther Leppik Ozment Stanek Westfall
Commers Haas Lindner Paulsen Stang Westrom
Daggett Harder Mares Pawlenty Sviggum Wolf
Davids Holsten McElroy Reuter Swenson, H. Workman
Dehler Kielkucki Molnau Rhodes Sykora

Those who voted in the negative were:

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

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

Westrom moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 135, after line 13, insert:

"Sec. 26. [BROWNS VALLEY; SCHOOL YEAR START DATE.]

Notwithstanding Minnesota Statutes, section 126.12, subdivision 1, and Laws 1997 First Special Session, chapter 4, article 7, section 49, subdivision 1, independent school district No. 801, Browns Valley, may begin the 1998-99 school year on August 24, 1998, to accommodate its shared school calendar with the Sisseton, South Dakota, school district."

Page 141, line 34, after "23," insert "26,"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Reuter, Kielkucki, Seagren, Hasskamp, Dempsey, Tompkins, Rifenberg, Schumacher, Tinglestad, Wenzel and Seifert moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 116, after line 28, insert:

"Sec. 5. Minnesota Statutes 1996, section 120.101, subdivision 6, is amended to read:

Subd. 6. [CURRICULUM.] (a) Instruction must be provided in at least the following subject areas:

(1) basic communication skills including reading and writing, literature, and fine arts;


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8014

(2) mathematics and science;

(3) social studies including history, geography, and government; and

(4) health and physical education.

Instruction, textbooks, and materials must be in the English language. Another language may be used pursuant to sections 126.262 to 126.265.

(b) A public elementary, middle, or secondary school or state agency shall not implement or carry out a program, activity, or curriculum that has the purpose or demonstrable effect of encouraging sexual activity by students."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Reuter et al amendment and the roll was called.

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

There were 122 yeas and 5 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Dawkins Greenfield Greiling Kahn Wejcman

The motion prevailed and the amendment was adopted.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8015

Nornes moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 113, after line 18, insert:

"Subd. 7. [BATTLE LAKE CONSTRUCTION COSTS.] For a grant to independent school district No. 542, Battle Lake, for construction costs added to a school project by the application of prevailing wage:

$ 265,000 . . . . . 1999"

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

Nornes moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 97, after line 6, insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 121.15, subdivision 1a, is amended to read:

Subd. 1a. [PROJECT.] The construction, remodeling, or improvement of a building or site of an educational facility at an estimated cost exceeding $100,000 is a project under section 177.42, subdivision 2 only if that project qualifies for debt service equalization aid under sections 124.95 to 124.97."

Page 113, after line 29, insert:

"(g) Section 1 is effective for school construction projects submitted for review and comment under Minnesota Statutes, section 121.15 on or after March 4, 1998."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Nornes amendment and the roll was called.

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

There were 55 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8016

Those who voted in the negative were:

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

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

Bettermann moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 113, after line 18, insert:

"Sec. 20. [REPEALER.]

Laws 1997, chapter 231, article 16, section 4 is repealed."

Page 113, after line 29, insert:

"(g) Section 20 is effective retroactive to July 1, 1997."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

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

The question recurred on the Bettermann amendment and the roll was called.

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

There were 54 yeas and 76 nays as follows:

Those who voted in the affirmative were:

Abrams Davids Kalis Molnau Rifenberg Tingelstad
Anderson, B. Dehler Kielkucki Mulder Rostberg Tompkins
Bettermann Erhardt Knoblach Ness Seagren Tuma
Boudreau Erickson Kraus Nornes Seifert Van Dellen
Bradley Finseth Krinkie Olson, M. Stanek Vandeveer
Broecker Goodno Kuisle Paulsen Stang Weaver

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8017
Clark, J. Gunther Leppik Pawlenty Sviggum Westfall
Commers Haas Lindner Reuter Swenson, H. Westrom
Daggett Harder McElroy Rhodes Sykora Workman

Those who voted in the negative were:

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

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

Olson, M., moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 138, after line 18, insert:

"Sec. 27. [SINGLE STATEWIDE TESTING SYSTEM GRANT PROGRAM.]

Subdivision 1. [ESTABLISHMENT.] A grant program to establish the option of allowing school districts to meet the basic skills testing requirements of the graduation rule under Minnesota Statutes, section 121.11, subdivision 7c, and the statewide testing requirements under Minnesota Statutes, section 121.1113. A school district participating in this program is exempt from the requirements of Minnesota Statutes, section 121.11, subdivision 7c, during the term of the district's participation in the program.

Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a school district that meets all the following criteria:

(1) between February and April of each school year, the school district assesses the performance of every child enrolled in grades 3 to 8 using a nationally norm-referenced standardized achievement examination;

(2) the school board of the school district selects one-time per grant period an examination for each grade level;

(3) school district officials agree to place children's test results in the children's education records;

(4) the school board of the school district establishes a written policy indicating what type of assistance the school district will make available to parents and children when a child's battery score on any single portion of an achievement examination is at or below the 30th percentile;

(5) the school district gives parents the option of selecting the particular form of assistance;

(6) the school board enters into an agreement with a testing company for the purpose of assessing children's performance; and


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8018

(7) the school board agrees to preserve for five years all aggregate assessment data measuring children's performance on examinations and makes the data available to the public in a timely and accessible manner.

Subd. 3. [APPLICATION PROCESS.] To obtain a grant to establish the option of allowing school districts to meet the requirements of the graduation rule and statewide testing requirements applicable to students in grades 3 to 8, a school district must submit a written application to the commissioner of children, families, and learning in the form and manner the commissioner prescribes. The applicant must indicate the applicant's intent to meet the criteria listed in subdivision 2.

Subd. 4. [GRANT AWARDS; PROCEEDS.] The commissioner may award up to 30 grants. Grant recipients must be located throughout the state. Each grant recipient shall receive $60 times the number of pupils in average daily membership in grades 3 to 8 for the purposes of assessing the performance of every enrolled child in grades 3 to 8 and providing assistance to every child who receives a battery score on any single portion of an achievement test that is at or below the 30th percentile. After providing assistance to every eligible child, a grant recipient may use any remaining funds to develop academically related programs or curricula that enhance the educational performance of students in the district.

Subd. 5. [EVALUATION.] The commissioner shall use the aggregate data on children's test scores compiled from grant recipients to evaluate the grant sites and recommend to the education committees of the legislature by February 15, 2001, whether or not a locally controlled, single statewide testing system applicable to children in grades 3 to 8 should be extended statewide."

Page 155, after line 10, insert:

"(o) $2,300,000 is for grants to school districts that have implemented a statewide testing program under section 30."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called.

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

There were 26 yeas and 104 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dehler Lindner Pawlenty Sviggum Workman
Bettermann Gunther Mulder Reuter Swenson, H.
Bradley Holsten Nornes Rifenberg Tompkins
Commers Kielkucki Olson, M. Rostberg Tuma
Davids Knight Osskopp Seifert Westrom

Those who voted in the negative were:

Abrams Evans Johnson, R. Mares Paulsen Tingelstad
Anderson, I. Farrell Juhnke Mariani Paymar Tomassoni
Bakk Finseth Kahn Marko Pelowski Trimble
Biernat Folliard Kalis McCollum Peterson Tunheim
Boudreau Garcia Kelso McElroy Pugh Van Dellen
Broecker Goodno Kinkel McGuire Rest Vandeveer
Carlson Greenfield Knoblach Milbert Rhodes Wagenius
Chaudhary Greiling Koskinen Molnau Rukavina Weaver
Clark, J. Haas Kraus Mullery Schumacher Wejcman
Clark, K. Harder Krinkie Munger Seagren Wenzel
Daggett Hasskamp Kubly Murphy Sekhon Westfall
Dawkins Hausman Kuisle Ness Skare Winter

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8019
Delmont Hilty Larsen Olson, E. Skoglund Wolf
Dempsey Huntley Leighton Opatz Slawik Spk. Carruthers
Dorn Jaros Leppik Orfield Solberg
Entenza Jefferson Lieder Osthoff Stanek
Erhardt Jennings Long Otremba, M. Stang
Erickson Johnson, A. Mahon Ozment Sykora

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

Olson, M.; Stang and Kinkel moved to amend H. F. No. 2874, the third engrossment, as amended, as follows:

Page 116, after line 28, insert:

"Sec. 5. Minnesota Statutes 1997 Supplement, section 120.1015, is amended to read:

120.1015 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.]

If a school board's annual school calendar had fewer days of student instruction than the statewide average number of days of student instruction during the 1996-1997 school year, then a school board's annual school calendar shall include at least three additional days of student instruction beyond the number of days of student instruction the board formally adopted as its school calendar at the beginning of the 1996-1997 school year."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., et al amendment and the roll was called.

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

There were 34 yeas and 95 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Davids Holsten Lindner Reuter Tompkins
Bettermann Dehler Kielkucki McElroy Rifenberg Tuma
Boudreau Dorn Kinkel Molnau Seifert Westfall
Bradley Finseth Knight Mulder Stang Workman
Broecker Gunther Krinkie Nornes Sviggum
Daggett Harder Larsen Osskopp Swenson, H.

Those who voted in the negative were:

Abrams Farrell Juhnke Marko Paymar Sykora
Anderson, I. Folliard Kahn McCollum Pelowski Tingelstad

Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8020
Bakk Garcia Kalis McGuire Peterson Tomassoni
Biernat Goodno Kelso Milbert Pugh Trimble
Carlson Greenfield Knoblach Mullery Rest Tunheim
Chaudhary Greiling Koskinen Munger Rhodes Van Dellen
Clark, J. Haas Kraus Murphy Rostberg Vandeveer
Clark, K. Hasskamp Kubly Ness Rukavina Wagenius
Commers Hausman Kuisle Olson, E. Schumacher Weaver
Dawkins Hilty Leighton Opatz Seagren Wejcman
Delmont Huntley Leppik Orfield Sekhon Wenzel
Dempsey Jaros Lieder Osthoff Skare Westrom
Entenza Jefferson Long Otremba, M. Skoglund Winter
Erhardt Jennings Mahon Ozment Slawik Wolf
Erickson Johnson, A. Mares Paulsen Solberg Spk. Carruthers
Evans Johnson, R. Mariani Pawlenty Stanek

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

H. F. No. 2874, A bill for an act relating to education; kindergarten through grade 12; providing for general education; special education; interagency services and lifelong learning; facilities and organization; policies promoting academic excellence; education policy issues; libraries; state agencies; appropriating money; amending Minnesota Statutes 1996, sections 43A.17, subdivisions 9 and 10; 120.03, subdivision 1; 120.06, subdivision 2a; 120.064, subdivisions 5 and 11; 120.101, subdivision 3; 120.17, subdivisions 1, 2, 3, 3a, 3b, 6, 7, 9, and 15; 120.1701, subdivisions 2, 5, 11, and 17; 120.173, subdivisions 1 and 6; 120.73, subdivision 1; 121.1115, by adding subdivisions; 121.908, subdivisions 2 and 3; 122.23, subdivision 6; 123.35, subdivision 19a; 123.39, subdivision 1, and by adding a subdivision; 123.935, subdivisions 1 and 2; 124.14, subdivision 7, and by adding a subdivision; 124.17, subdivision 2, and by adding a subdivision; 124.248, subdivisions 1 and 1a; 124.2713, subdivision 6a; 124.273, by adding a subdivision; 124.32, by adding a subdivision; 124.3201, subdivision 5; 124.323, by adding a subdivision; 124.646, subdivision 4; 124.755, subdivision 1; 124.95, subdivision 6; 124A.03, subdivisions 2b and 3c; 124A.034, subdivision 2; 124A.036, subdivisions 1a, 4, 6, and by adding a subdivision; 124A.22, by adding a subdivision; 124A.292, subdivision 3; 124A.30; 124C.45, subdivision 2; 124C.47; 124C.48, by adding a subdivision; 125.191; 126.237; 127.27, subdivisions 2 and 4; 256B.0625, subdivision 26; 260.015, subdivision 19; and 260.132, subdivision 4; Minnesota Statutes 1997 Supplement, sections 120.101, subdivision 5; 120.1701, subdivision 3; 120.181; 121.11, subdivision 7c; 121.1113, subdivision 1; 121.904, subdivision 4a; 124.17, subdivisions 1d, 6, and 7; 124.248, subdivisions 2a and 6; 124.2601, subdivisions 3 and 6; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.3111, subdivisions 2 and 3; 124.3201, subdivisions 1, 2, and 4; 124.6475; 124.648, subdivision 3; 124.91, subdivisions 1 and 5; 124.916, subdivision 2; 124A.036, subdivision 5; 124A.22, subdivisions 1 and 11; 124A.23, subdivision 1; 124A.28, subdivisions 1 and 1a; 124C.46, subdivisions 1 and 2; 126.79, subdivisions 3, 6, 7, 8, and 9; 127.27, subdivisions 10 and 11; 127.281; 127.31, subdivision 15; 127.32; 127.36, subdivision 1; and 127.38; Laws 1992, chapter 499, article 7, section 31; Laws 1997, First Special Session chapter 4, article 1, section 58; article 1, section 61, subdivision 3; article 2, section 51, subdivisions 2, 4, 5, and 29; article 3, section 23, by adding a subdivision; article 3, section 25, subdivisions 2 and 4; article 4, section 35, subdivision 9; article 5, section 24, subdivision 4; article 5, section 28, subdivisions 4, 9, and 12; article 6, section 20, subdivision 4; article 8, section 4, subdivision 3; article 9, section 11; article 9, section 12, subdivision 8; article 10, section 3, subdivision 2; article 10, section 4; and article 10, section 5; proposing coding for new law in Minnesota Statutes, chapters 120; 124A; and 126; repealing Minnesota Statutes 1996, sections 124.2713, subdivision 6b; 124.647; 124A.292, subdivisions 2 and 4; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; 124A.73; and 126.12; Minnesota Statutes 1997 Supplement, sections 124.2601, subdivisions 4 and 5; 124.912, subdivisions 2 and 3; 124A.711, subdivision 2; and 135A.081; Laws 1993, chapter 146, article 5, section 20, as amended; Laws 1997, chapter 231, article 1, section 17; Minnesota Rules, part 3525.2750, subpart 1, item B.

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.

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


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8021

There were 102 yeas and 26 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Farrell Jennings Mares Ozment Solberg
Bakk Finseth Johnson, A. Mariani Paymar Stanek
Biernat Folliard Johnson, R. Marko Pelowski Stang
Boudreau Garcia Juhnke McCollum Peterson Swenson, H.
Broecker Goodno Kahn McGuire Pugh Tingelstad
Carlson Greenfield Kalis Milbert Rest Tomassoni
Chaudhary Greiling Kelso Mulder Rhodes Trimble
Clark, K. Gunther Kinkel Mullery Rifenberg Tunheim
Daggett Haas Koskinen Munger Rostberg Vandeveer
Davids Harder Kraus Murphy Rukavina Wagenius
Dawkins Hasskamp Kubly Ness Schumacher Weaver
Dehler Hausman Larsen Olson, E. Seagren Wejcman
Delmont Hilty Leighton Opatz Seifert Wenzel
Dempsey Holsten Leppik Orfield Sekhon Westfall
Dorn Huntley Lieder Osskopp Skare Westrom
Entenza Jaros Long Osthoff Skoglund Winter
Evans Jefferson Mahon Otremba, M. Slawik Spk. Carruthers

Those who voted in the negative were:

Abrams Commers Krinkie Nornes Sviggum Workman
Anderson, B. Erhardt Kuisle Olson, M. Sykora
Bettermann Kielkucki Lindner Paulsen Tompkins
Bradley Knight McElroy Pawlenty Tuma
Clark, J. Knoblach Molnau Reuter Van Dellen

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

SPECIAL ORDERS

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

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Workman moved that the name of Erickson be added as an author on H. F. No. 1654. The motion prevailed.

Skoglund moved that his name be stricken as an author on H. F. No. 3693. The motion prevailed.

Long moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 4, 1998, when the vote was taken on the second portion of the Skoglund and Macklin amendment to S. F. No. 3354, the unofficial engrossment, as amended." The motion prevailed.


Journal of the House - 85th Day - Thursday, March 5, 1998 - Top of Page 8022

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 4, 1998, when the vote was taken on the Anderson, B., and Rifenberg amendment to S. F. No. 3354, the unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 4, 1998, when the vote was taken on the Bettermann amendment to S. F. No. 3354, the unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 4, 1998, when the vote was taken on the Knoblach amendment to S. F. No. 3354, the unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 4, 1998, when the vote was taken on the Osskopp amendment to S. F. No. 3354, the unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 4, 1998, when the vote was taken on the Osthoff amendment to S. F. No. 3354, the unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 4, 1998, when the vote was taken on the first portion of the Skoglund and Macklin amendment to S. F. No. 3354, the unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 4, 1998, when the vote was taken on the final passage of S. F. No. 3354, as amended." The motion prevailed.

Daggett moved that H. F. No. 2797 be returned to its author. The motion prevailed.

Erickson moved that H. F. No. 2957 be returned to its author. The motion prevailed.

Pawlenty moved that H. F. No. 3079 be returned to its author. The motion prevailed.

Sykora moved that H. F. No. 3458 be returned to its author. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3297:

Pelowski, Carlson, Opatz, Leppik and Bettermann.

ADJOURNMENT

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

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

Edward A. Burdick, Chief Clerk, House of Representatives