Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8249

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

NINETIETH DAY

Saint Paul, Minnesota, Thursday, March 12, 1998

 

The House of Representatives convened at 10:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend Mark Stang, Pastor, St. Mary's of Mt. Carmel Church, Long Prairie, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Luther was excused.

Schumacher was excused until 10:45 a.m. Marko was excused until 11:00 a.m. Osthoff was excused until 12:00 noon. Olson, M., was excused until 12:15 p.m. Macklin was excused until 12:40 p.m. Dempsey was excused until 12:50 p.m. Farrell was excused until 3:15 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Reuter 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 - 90th Day - Thursday, March 12, 1998 - Top of Page 8250

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

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

H. F. No. 2222, A bill for an act relating to cartways; providing for the establishment of cartways in certain circumstances; amending Minnesota Statutes 1996, section 164.08, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

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, subdivisions 3 and 6; 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; 124.078; 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; 124.323, 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; 126.12, subdivision 1; 126.237; 127.27, subdivisions 2 and 4; 256B.0625, subdivision 26; 260.015, subdivision 19; 260.132, subdivision 4; and 471.895, subdivision 1; 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; 121; 124; 124A; and 126; repealing Minnesota Statutes 1996, sections 124.2713, subdivision 6b; 124.647; 124A.292, subdivisions 2


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8251

and 4; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; and 124A.73; 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 Senate has appointed as such committee:

Mr. Pogemiller; Mses. Krentz, Robertson and Pappas; and Mr. Scheevel.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 1169, 2262, 3084, 2911, 2078 and 2846.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 2276, 2161, 2268, 2108, 695 and 2586.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1169, A bill for an act relating to personal watercraft; increasing restrictions on personal watercraft; imposing additional requirements on renters and dealers of personal watercraft; exempting emergency, safety, and enforcement watercraft from certain watercraft restrictions; amending Minnesota Statutes 1996, sections 86B.313, subdivisions 1, 3, and 4; and 86B.805, by adding a subdivision.

The bill was read for the first time.

Hasskamp moved that S. F. No. 1169 and H. F. No. 1351, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2262, A bill for an act relating to insurance; regulating reinsurance intermediary-brokers; providing for the investment of funds held or collected; amending Minnesota Statutes 1996, section 60A.715.

The bill was read for the first time.

Wenzel moved that S. F. No. 2262 and H. F. No. 2750, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8252

S. F. No. 3084, A bill for an act relating to reemployment insurance; providing additional benefits for certain individuals on layoff from a certain employer; providing an exemption from certain requirements.

The bill was read for the first time.

Tomassoni moved that S. F. No. 3084 and H. F. No. 3465, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2911, A bill for an act relating to lawful gambling; allowing expenditures as lawful purposes of compliance with the Americans with Disabilities Act; authorizing organizations to make certain expenditures and contributions through electronic fund transfers; allowing an employee to participate in lawful gambling under certain circumstances; allowing locally administered funds receiving contributions from gambling profits to be spent for certain public safety purposes; amending Minnesota Statutes 1996, sections 349.168, subdivision 6; 349.19, subdivision 3; and 349.213, subdivision 1; Minnesota Statutes 1997 Supplement, sections 349.12, subdivision 25; 349.154, subdivision 2; and 349.18, subdivision 1.

The bill was read for the first time.

Delmont moved that S. F. No. 2911 and H. F. No. 2920, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2078, A bill for an act relating to crime; increasing the minimum sentence for certain firearms offenses; removing prosecutional and judicial discretion to disregard the mandatory minimum sentence for certain offenses; amending Minnesota Statutes 1996, sections 609.11, subdivisions 5 and 8.

The bill was read for the first time.

Skoglund moved that S. F. No. 2078 and H. F. No. 2285, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2846, A bill for an act relating to controlled substances; delaying the effective date for listing the drug Carisoprodol as a controlled substance; amending Laws 1997, chapter 239, article 4, section 15.

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

S. F. No. 2276, A bill for an act relating to children; modifying certain parentage and child support enforcement provisions; amending Minnesota Statutes 1996, sections 257.64, subdivision 3; 518.54, subdivision 8, and by adding a subdivision; 518.551, subdivisions 1, 5, and 9; and 518.615, subdivision 2; Minnesota Statutes 1997 Supplement, sections 518.54, subdivision 6; 518.551, subdivision 5b; 518.5511, by adding a subdivision; 518.6111, subdivisions 9 and 14; 518.615, subdivision 1; and 552.04, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 518.

The bill was read for the first time.

Dawkins moved that S. F. No. 2276 and H. F. No. 2784, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2161, A bill for an act relating to crime prevention; increasing the statutory maximum for a drive-by shooting at an occupied motor vehicle; amending Minnesota Statutes 1996, section 609.66, subdivision 1e.

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


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8253

S. F. No. 2268, A bill for an act relating to game and fish; providing for bonding of license subagents; amending Minnesota Statutes 1996, section 97A.485, subdivision 3.

The bill was read for the first time.

Molnau moved that S. F. No. 2268 and H. F. No. 2574, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2108, A bill for an act relating to health; establishing requirements for blood lead analysis reports and data; providing for lead abatement, lead hazard reduction, and lead risk assessment; authorizing licensure of persons and firms to perform lead work; providing grants; establishing a lead-safe property certification program; amending Minnesota Statutes 1996, sections 144.9501, subdivisions 1, 17, 18, 20, 23, 30, and by adding subdivisions; 144.9502, subdivisions 3, 4, and 9; 144.9503, subdivisions 4, 6, and 7; 144.9504, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 144.9505, subdivisions 1, 4, and 5; 144.9507, subdivisions 2, 3, and 4; 144.9508, subdivisions 1, 3, 4, and by adding a subdivision; 144.9509, subdivision 2; 144.99, subdivision 1; and 268.92, subdivision 4; Minnesota Statutes 1997 Supplement, sections 144.9504, subdivision 2; and 144.9506, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1996, sections 144.491; 144.9501, subdivisions 12, 14, and 16; and 144.9503, subdivisions 5, 8, and 9.

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

S. F. No. 695, A bill for an act relating to trusts; defining a nonprofit health care trust; establishing requirements for certain agreements or transactions between nonprofit health care trusts and for-profit corporations or entities; amending Minnesota Statutes 1996, section 317A.811, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 501B.

The bill was read for the first time.

Greenfield moved that S. F. No. 695 and H. F. No. 381, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2586, A bill for an act relating to corrections; requiring sex offender treatment facilities to provide certain information regarding sex offenders; clarifying which law enforcement agency may request the end-of-confinement review committee to reassess the risk level to which an offender has been assigned; adjusting the time within which certain requirements of the community notification law must be met; eliminating duplicative efforts on notifying victims of certain information; amending Minnesota Statutes 1996, sections 241.67, subdivision 8, and by adding a subdivision; 244.052, subdivision 1; and 611A.037, subdivision 2; Minnesota Statutes 1997 Supplement, section 244.052, subdivisions 3, 4, and 5.

The bill was read for the first time.

Bishop moved that S. F. No. 2586 and H. F. No. 2326, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

SPECIAL ORDERS

S. F. No. 2447 was reported to the House.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8254

Wejcman and Goodno move to amend S. F. No. 2447 as follows:

Page 15, line 11, before "For" insert:

"Subdivision 1. [QUALIFICATIONS.]"

Page 16, after line 4, insert:

"Subd. 2. [DOCUMENTATION OF STATUS; CERTAIN APPLICANTS.] Licensure applications under paragraphs (a) and (c) may document certified status by submitting to the commissioner an original and current certificate issued by an international certification and reciprocity consortium board in this or another jurisdiction."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 2447, A bill for an act relating to health professions; modifying provisions relating to speech-language pathologists, unlicensed mental health practitioners, alcohol and drug counselors, physical therapists, and hearing instrument dispensers; authorizing exempt rulemaking; amending Minnesota Statutes 1996, sections 144.335, subdivision 1; 148.515, subdivision 3; 148.518, subdivision 2; 148.5191, subdivisions 1, 3, and 4; 148.5194; 148.5195, subdivision 3; 148.76, subdivision 2; 148B.69, by adding a subdivision; 148C.04, subdivision 3; 148C.05, subdivision 2; 148C.06; 153A.13, subdivision 5; 153A.14, subdivisions 2a, 2b, 2d, 2f, 2h, 9, and 10; 153A.15, subdivision 1, and by adding a subdivision; and 153A.20, subdivision 3; Minnesota Statutes 1997 Supplement, sections 148C.03, subdivision 1; and 148C.11, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1996, section 153A.14, subdivision 7.

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

The question was taken on the passage of the bill and the roll was called. There were 114 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8255

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

H. F. No. 3297 was reported to the House.

Long moved that H. F. No. 3297 be continued on Special Orders. The motion prevailed.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Winter from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

S. F. Nos. 2372, 3016, 2581, 2281, 2378, 2316, 2274, 1654, 2269, 2373 and 2725.

SPECIAL ORDERS, Continued

S. F. No. 2372, A bill for an act relating to health; requiring hepatitis B immunization for children; amending Minnesota Statutes 1996, section 123.70, subdivisions 1, 2, and 4; Minnesota Statutes 1997 Supplement, section 123.70, subdivision 10.

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

The question was taken on the passage of the bill and the roll was called. There were 107 yeas and 15 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B. Kielkucki Lindner Reuter Sviggum Westrom
Bettermann Knight Molnau Rifenberg Tompkins
Dehler Krinkie Ness Seifert

The bill was passed and its title agreed to.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8256

S. F. No. 3016 was reported to the House.

Bakk moved to amend S. F. No. 3016 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 3524, the first engrossment:

"Section 1. Minnesota Statutes 1997 Supplement, section 115B.39, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] (a) In addition to the definitions in this subdivision, the definitions in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as specifically modified in this subdivision.

(b) "Cleanup order" means a consent order between responsible persons and the agency or an order issued by the United States Environmental Protection Agency under section 106 of the federal Superfund Act.

(c) "Closure" means actions to prevent or minimize the threat to public health and the environment posed by a mixed municipal solid waste disposal facility that has stopped accepting waste by controlling the sources of releases or threatened releases at the facility. "Closure" includes removing contaminated equipment and liners; applying final cover; grading and seeding final cover; installing wells, borings, and other monitoring devices; constructing groundwater and surface water diversion structures; and installing gas control systems and site security systems, as necessary. The commissioner may authorize use of final cover that includes processed materials that meet the requirements in Code of Federal Regulations, title 40, section 503.32, paragraph (a).

(d) "Closure upgrade" means construction activity that will, at a minimum, modify an existing cover so that it satisfies current rule requirements for mixed municipal solid waste land disposal facilities.

(e) "Contingency action" means organized, planned, or coordinated courses of action to be followed in case of fire, explosion, or release of solid waste, waste by-products, or leachate that could threaten human health or the environment.

(e) (f) "Corrective action" means steps taken to repair facility structures including liners, monitoring wells, separation equipment, covers, and aeration devices and to bring the facility into compliance with design, construction, groundwater, surface water, and air emission standards.

(f) (g) "Decomposition gases" means gases produced by chemical or microbial activity during the decomposition of solid waste.

(h) "Dump materials" means nonhazardous mixed municipal solid wastes disposed at a Minnesota waste disposal site other than a qualified facility prior to 1973.

(g) (i) "Environmental response action" means response action at a qualified facility, including corrective action, closure, postclosure care; contingency action; environmental studies, including remedial investigations and feasibility studies; engineering, including remedial design; removal; remedial action; site construction; and other similar cleanup-related activities.

(h) (j) "Environmental response costs" means:

(1) costs of environmental response action, not including legal or administrative expenses; and

(2) costs required to be paid to the federal government under section 107(a) of the federal Superfund Act, as amended.

(i) (k) "Postclosure" or "postclosure care" means actions taken for the care, maintenance, and monitoring of closure actions at a mixed municipal solid waste disposal facility.

(j) (l) "Qualified facility" means a mixed municipal solid waste disposal facility, including adjacent property used for solid waste disposal, that:

(1) is or was permitted by the agency;


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8257

(2) stopped accepting solid waste, except demolition debris, for disposal by April 9, 1994; and

(3) stopped accepting demolition debris for disposal by June 1, 1994, except that demolition debris may be accepted until May 1, 1995, at a permitted area where disposal of demolition debris is allowed, if the area where the demolition debris is deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid waste was deposited.

Sec. 2. [115B.403] [ACCEPTANCE OF DUMP MATERIALS TO AUGMENT CLOSURE OR CLOSURE UPGRADE ACTIVITIES AT QUALIFIED FACILITIES.]

(a) The commissioner may allow dump materials at qualified facilities from sites that have been in public ownership on or after January 1, 1998, provided that the commissioner finds that:

(1) accepting the dump materials will not significantly increase the potential environmental impacts of the qualified facility;

(2) accepting the dump materials will benefit the qualified facility by improving final slopes, or in some other tangible manner, and the materials will be provided to the qualified facility according to a schedule consistent with closure or closure upgrade activities at the qualified facility;

(3) the owner of the site where the dump materials were disposed complies with the requirements of paragraph (b) and agrees to:

(i) pay any costs of screening and inspection needed at point of excavation or point of deposit to ensure that unacceptable materials are not delivered to the qualified facility;

(ii) secure any permissions necessary from the owner of the property containing the qualified facility;

(iii) transport the dump materials to the qualified facility according to a process and schedule acceptable to the commissioner and, at owner's cost, pay all transportation costs related to the activity; and

(iv) complete cleanup, final grading, seeding, and other related activities for the area where the dump existed.

(b) in order to qualify for consideration for disposal of dump materials at qualified facilities, the owner of the site where the dump materials were disposed shall notify the commissioner, in writing, at least six months before closure activity at the qualified facility indicating the owner's desire to dispose of the dump material at the qualified facility in order to allow adequate time for construction planning and public information activities. The commissioner shall consider requests based on the schedule of closure and closure upgrade activities at qualified facilities. The commissioner shall require the owner of the site to submit, at the owner's expense, physical and chemical evaluation data regarding the dump material including any necessary coring, excavation, or other sampling data at least six months before closure construction to assist the commissioner in making the determination whether or not to accept the material.

(c) The commissioner may reject any and all requests to dispose of dump materials at qualified facilities.

(d) Nothing in this section shall be construed as allowing unpermitted disposal facilities to be included as qualified facilities in the closed landfill program.

Sec. 3. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

The motion prevailed and the amendment was adopted.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8258

S. F. No. 3016, A bill for an act relating to the environment; authorizing acceptance of dump materials at certain qualified landfills; amending Minnesota Statutes 1997 Supplement, section 115B.39, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 115B.

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

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

There being no objection, the order of business reverted to Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

Solberg from the Committee on Ways and Means to which was referred:

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.

Reported the same back with the following amendments:

Page 2, line 27, delete "For medical services provided"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8259

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 3843, A bill for an act relating to public administration; authorizing spending for public purposes; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing state bonds; appropriating money; amending Minnesota Statutes 1996, sections 16A.105; 16A.11, subdivision 3a, and by adding a subdivision; 16A.501; 16B.30; 16B.35, subdivision 1; and 446A.072, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 16A.641, subdivision 4; 124C.498, subdivision 2; 268.917; and 462A.202, subdivision 3a; Laws 1986, chapter 396, section 2, subdivision 1, as amended; Laws 1994, chapter 643, section 2, subdivision 13; Laws 1996, chapter 463, sections 13, subdivision 4, as amended; and 22, subdivision 7; and Laws 1997, chapter 202, article 1, section 35, as amended; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Laws 1986, chapter 396, section 2, subdivision 2.

Reported the same back with the following amendments:

Page 3, line 8, after "equip" insert "phase one of"

Page 3, line 14, delete everything after "sources" and insert ". The project cost of phase two may not exceed $13,600,000. Notwithstanding any other law to the contrary, the board of regents may enter into construction contracts for both phases of the project for a total amount not to exceed $53,600,000."

Page 3, delete line 15

Page 17, line 33, delete "$2,500,000" and insert "$2,800,000"

Page 17, line 34, delete "$750,000" and insert "$400,000"

Page 17, line 37, delete "$750,000" and insert "$800,000"

Page 24, line 48, after the period, insert "Notwithstanding Minnesota Statutes, section 16B.24, the commissioner of administration must retain the capitol square site."

Page 26, after line 15, insert:

"Subd. 14. Department of Human Services Consolidation

Within the limits of available appropriations, the commissioner of administration and the commissioner of human services may enter into a contract with a third party to consolidate the department of human services central office operations into one location."

Page 29, lines 41 and 49, after "Minneapolis" insert "and St. Paul"

Page 45, delete section 34

Page 48, line 33, delete "36" and insert "35"

Page 56, line 9, delete "54" and insert "53"

Renumber the sections in sequence

Amend the title as follows:

Page 1, lines 9 and 10, delete "16B.35, subdivision 1;"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8260

SECOND READING OF HOUSE BILLS

H. F. Nos. 3830 and 3843 were read for the second time.

The Speaker called Wejcman to the Chair.

SPECIAL ORDERS

S. F. No. 2581, A bill for an act relating to local government; permitting the appointment of the Olmsted county auditor/treasurer.

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

The question was taken on the passage of the bill and the roll was called. There were 83 yeas and 44 nays as follows:

Those who voted in the affirmative were:

Bakk Evans Jaros Mares Pelowski Stanek
Biernat Finseth Jefferson Mariani Pugh Stang
Bishop Folliard Jennings Marko Rest Swenson, H.
Boudreau Garcia Johnson, A. McCollum Rhodes Tomassoni
Bradley Goodno Johnson, R. McGuire Rostberg Tompkins
Carlson Greenfield Kahn Milbert Rukavina Trimble
Chaudhary Greiling Kelso Mullery Schumacher Tunheim
Clark, J. Gunther Kinkel Munger Seagren Wagenius
Clark, K. Haas Kraus Murphy Sekhon Wejcman
Daggett Harder Kubly Olson, E. Skare Wenzel
Dawkins Hausman Leighton Opatz Skoglund Winter
Delmont Hilty Lieder Orfield Slawik Wolf
Dorn Holsten Long Ozment Smith Spk. Carruthers
Entenza Huntley Mahon Paulsen Solberg

Those who voted in the negative were:

Abrams Erickson Krinkie Ness Rifenberg Weaver
Anderson, B. Hasskamp Kuisle Nornes Seifert Westfall
Anderson, I. Juhnke Larsen Osskopp Sviggum Westrom
Bettermann Kalis Leppik Otremba, M. Sykora Workman
Broecker Kielkucki Lindner Pawlenty Tingelstad
Davids Knight McElroy Paymar Tuma
Dehler Knoblach Molnau Peterson Van Dellen
Erhardt Koskinen Mulder Reuter Vandeveer

The bill was passed and its title agreed to.

S. F. No. 2281 was reported to the House.

Pugh, McElroy, Pawlenty, Milbert and Tompkins moved to amend S. F. No. 2281 as follows:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1996, section 383D.09, is amended by adding a subdivision to read:

Subd. 5. [TREASURER/AUDITOR MAY BE APPOINTED.] (a) The Dakota county board of commissioners may, by resolution, provide that the office of county treasurer/auditor shall not be elective but shall be filled by appointment by the county board as provided in this subdivision.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8261

(b) Upon adoption of a resolution by the Dakota county board of commissioners and subject to paragraphs (c) and (d), the duties of the elected treasurer/auditor whose office is made appointive under this subdivision shall be discharged by the board of commissioners acting through a department head appointed for that purpose. The appointed department head shall serve at the pleasure of the board. The board may reorganize, consolidate, reallocate, or delegate the duties to promote efficiency in county government. A reorganization, consolidation, reallocation, or delegation or other administrative change or transfer shall not impair the discharge of duties required by statute to otherwise by performed by the treasurer/auditor.

(c) The person elected to be county treasurer/auditor at the last county general election preceding action under this subdivision shall serve in that capacity and perform the duties, functions, and responsibilities until the completion of the term of office to which elected, or until a vacancy occurs in the office, whichever occurs earlier.

(d) The county board, before acting as permitted by paragraph (b) and before any appointment permitted by paragraph (a) or (b), but after adopting a resolution permitted by paragraph (a) or (b), shall publish the resolution once each week for two consecutive weeks in the official publication of the county. The resolution may be implemented without the submission of the question to the voters of the county, unless within 21 days after the second publication of the resolution, a petition requesting a referendum, signed by at least ten percent of the registered voters in the county voting in the last general election, is filed with the county treasurer/auditor. If a petition is filed, the resolution may be implemented unless disapproved by a majority of the voters of the county voting on the question at a regular or special election."

Page 1, line 7, delete "Section 1." and insert "Sec. 2."

Page 1, line 13, delete "2" and insert "3"

Page 1, line 14, delete "Section 1 is" and insert "Sections 1 and 2 are"

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "authorizing appointment of treasurer/auditor;"

Page 1, line 4, delete "section" and insert "sections 383D.09, by adding a subdivision; and"

The motion prevailed and the amendment was adopted.

S. F. No. 2281, A bill for an act relating to Dakota county; clarifying the employment status of certain employees; amending Minnesota Statutes 1996, section 383D.41, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 89 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Evans Jefferson Marko Pugh Stang
Biernat Finseth Jennings McCollum Rest Swenson, H.
Bishop Folliard Johnson, A. McElroy Rhodes Tomassoni
Boudreau Garcia Kahn McGuire Rostberg Tompkins
Bradley Goodno Kalis Milbert Rukavina Trimble
Carlson Greenfield Kelso Mullery Schumacher Tunheim

Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8262
Chaudhary Greiling Kinkel Murphy Seagren Vandeveer
Clark, J. Gunther Kraus Ness Seifert Wagenius
Clark, K. Haas Kubly Olson, E. Sekhon Wejcman
Daggett Harder Leighton Opatz Skare Wenzel
Dawkins Hausman Lieder Orfield Skoglund Westfall
Delmont Hilty Long Ozment Slawik Wolf
Dorn Holsten Mahon Paulsen Smith Workman
Entenza Huntley Mares Pelowski Solberg Spk. Carruthers
Erhardt Jaros Mariani Peterson Stanek

Those who voted in the negative were:

Abrams Erickson Koskinen Molnau Paymar Tuma
Anderson, B. Hasskamp Krinkie Mulder Reuter Van Dellen
Bettermann Juhnke Kuisle Munger Rifenberg Weaver
Broecker Kielkucki Larsen Nornes Sviggum Westrom
Davids Knight Leppik Osskopp Sykora
Dehler Knoblach Lindner Otremba, M. Tingelstad

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

S. F. No. 2378, A bill for an act relating to business organizations; defining the terms "professional" and "professional services" as they relate to professional corporations and professional firms; regulating professional health services; amending Minnesota Statutes 1996, section 319A.02, subdivisions 2, 3, and by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 319A.02, subdivision 2a; 319B.02, subdivisions 17, 19, and by adding a subdivision; and 319B.40.

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

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 2316, A bill for an act relating to transportation; continuing the uniform program for registration and permitting of intrastate carriers of hazardous materials; eliminating requirement of criminal background check; imposing a fee; amending Minnesota Statutes 1996, section 221.0355, subdivision 4; Minnesota Statutes 1997 Supplement,


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8263

section 221.0355, subdivision 5; Laws 1994, chapter 589, section 8, as amended; repealing Minnesota Statutes 1996, sections 221.0335 and 221.035; Minnesota Statutes 1997 Supplement, section 221.0355, subdivision 15; Laws 1997, chapter 230, section 24; Minnesota Rules, parts 8870.0100; 8870.0200; 8870.0300; 8870.0400; 8870.0500; 8870.0600; 8870.0700; 8870.0800; 8870.0900; 8870.1000; and 8870.1100.

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

The question was taken on the passage of the bill and the roll was called. There were 123 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Mahon

The bill was passed and its title agreed to.

S. F. No. 2274 was reported to the House.

Tunheim moved to amend S. F. No. 2274 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2695, the first engrossment:

"Section 1. Minnesota Statutes 1996, section 325B.01, is amended to read:

325B.01 [DEFINITIONS.]

Subdivision 1. As used in sections 325B.01 to 325B.17 and unless otherwise required by the context, the terms defined in this section have the meanings given them.

Subd. 2. "Agreement" means one or more of the following:

(a) A commercial relationship between a licensed beer wholesaler and a licensed brewer of a definite or indefinite duration, which is not required to be evidenced in writing;


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8264

(b) A relationship whereby the beer wholesaler is granted the right to offer and sell a brand or brands of beer offered by a brewer;

(c) A relationship whereby the beer wholesaler, as an independent business, constitutes a component of a brewer's distribution system;

(d) A relationship whereby the beer wholesaler's business is substantially associated with a brewer's brand or brands, designating the brewer;

(e) A relationship whereby the beer wholesaler's business is substantially reliant on a brewer for the continued supply of beer;

(f) A written or oral arrangement for a definite or indefinite period whereby a brewer grants to a beer wholesaler a license to use a brand, trade name, trademark, or service mark, and in which there is a community of interest in the marketing of goods or services at wholesale or retail.

Subd. 3. "Beer wholesaler" shall mean any licensed person importing or causing to be imported into this state or purchasing or causing to be purchased within this state, any beer for sale or resale to retailers or wholesalers licensed under chapter 340, without regard to whether the business of the person is conducted under the terms of an agreement with a licensed brewer.

Subd. 4. "Brewer" means every licensed brewer or importer of beer located within or without the state of Minnesota, who enters into an "agreement" with any beer wholesaler licensed to do doing business in the state of Minnesota.

Subd. 5. "Person" means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. Person also includes heirs, assigns, personal representatives and guardians.

Subd. 5a. "Successor" means a person who replaces a brewer, importer, or wholesaler with regard to the right to manufacture, sell, distribute, or import a brand or brands of beer.

Subd. 6. "Territory" or "sales territory" means the area of primary sales responsibility designated by any agreement between any beer wholesaler and brewer for the brand or brands of any brewer.

Sec. 2. Minnesota Statutes 1996, section 325B.14, is amended to read:

325B.14 [OBLIGATIONS OF PURCHASER SUCCESSOR.]

Except for good cause, which shall include, but not be limited to (1) revocation of the wholesaler's license to do business in the state, (2) bankruptcy or insolvency of the wholesaler, (3) assignment for the benefit of creditors or similar disposition of the assets of the wholesaler, (4) failure by the wholesaler to substantially comply, without reasonable excuse or justification, with any reasonable and material requirement imposed upon the wholesaler by the brewery, the purchaser of a "brewer" as defined in sections 325B.01 to 325B.17 shall become obligated to all of the terms and conditions of the agreement in effect on the date of purchase. "Purchase", as defined for the purposes of sections 325B.01 to 325B.17, shall include, but is not limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation.

A successor shall become obligated to all of the terms and conditions of the agreement in effect on the date of succession. This section applies regardless of the character or form of the succession. A successor has the right to contractually require its wholesalers to comply with operational standards of performance, if the standards are uniformly established for all of the successor's wholesalers and conform to sections 325B.01 to 325B.17.

Sec. 3. Minnesota Statutes 1996, section 340A.404, is amended by adding a subdivision to read:

Subd. 4a. [STATE-OWNED RECREATION; ENTERTAINMENT FACILITIES.] Notwithstanding any other law, local ordinance, or charter provision, the commissioner may issue on-sale intoxicating liquor licenses to:

(1) the state agency administratively responsible for, or to an entity holding a concession or facility management contract with the agency for beverage sales at, the premises of any Giants Ridge recreation area building or recreational improvement area owned by the state in the town of White, St. Louis county; and


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8265

(2) the state agency administratively responsible for, or to an entity holding a concession or facility management contract with such agency for beverage sales at, the premises of any Ironworld Discovery Center building or facility owned by the state at Chisholm.

Sec. 4. Minnesota Statutes 1996, section 340A.404, subdivision 10, is amended to read:

Subd. 10. [TEMPORARY ON-SALE LICENSES.] The governing body of a municipality may issue to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, or to (2) a political committee registered under section 10A.14, or (3) a state university, a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety.

A county under this section may issue a temporary license only to a premises located in the unincorporated or unorganized territory of the county.

Sec. 5. Minnesota Statutes 1996, section 340A.408, subdivision 2, is amended to read:

Subd. 2. [INTOXICATING LIQUOR; ON-SALE.] (a) The license fee for a retail on-sale intoxicating liquor license is the fee set by the city or county issuing the license subject to the limitations imposed under this subdivision. The license fee is intended to cover the costs of issuing and inspecting and other directly related costs of enforcement, including the cost of any enforcement checks to determine compliance with section 340A.503.

(b) The annual license fee for an on-sale intoxicating liquor license issued by a municipality to a club must be no greater than:

(1) $300 for a club with under 200 members;

(2) $500 for a club with between 201 and 500 members;

(3) $650 for a club with between 501 and 1,000 members;

(4) $800 for a club with between 1,001 and 2,000 members;

(5) $1,000 for a club with between 2,001 and 4,000 members;

(6) $2,000 for a club with between 4,001 and 6,000 members; or

(7) $3,000 for a club with over 6,000 members.

(c) The license fee for the issuance of a wine license may not exceed one-half of the license fee charged for an on-sale intoxicating liquor license, or $2,000, whichever is less.

(d) The town board of a town in which an on-sale establishment has been licensed by a county may impose an additional license fee on each such establishment in an amount not to exceed 20 percent of the county license fee.

Sec. 6. Minnesota Statutes 1996, section 340A.410, subdivision 10, is amended to read:

Subd. 10. [TEMPORARY LICENSES; RESTRICTIONS.] (a) A municipality may not issue more than three four-day, four three-day, or six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year, under section 340A.404, subdivision 10, for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8266

(b) A municipality may not issue more than one temporary license under section 340A.404, subdivision 10, for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within any 30-day period. This restriction does not apply to a municipality with a population of 5,000 or fewer people.

(c) A municipality that issues separate temporary wine and liquor licenses may separately apply the limitations contained in paragraphs (a) and (b) to the issuance of such licenses to any one organization or registered political committee or for any one location.

Sec. 7. Minnesota Statutes 1996, section 340A.412, subdivision 4, is amended to read:

Subd. 4. [LICENSES PROHIBITED IN CERTAIN AREAS.] (a) No license to sell intoxicating liquor may be issued within the following areas:

(1) where restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except licenses may be issued to restaurants in areas which were restricted against commercial uses after the establishment of the restaurant;

(2) within the capitol or on the capitol grounds, except as provided under Laws 1983, chapter 259, section 9;

(3) on the state fairgrounds or at any place in a city of the first class within one-half mile of the fairgrounds, except as otherwise provided by charter;

(4) on the campus of the college of agriculture of the University of Minnesota or at any place in a city of the first class within one-half mile of the campus, provided that a city may issue one on-sale wine license in this area that is not included in the area described in clause (3), except as provided by charter;

(5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other institution under the supervision or control, in whole or in part, of the commissioner of human services or the commissioner of corrections;

(6) in a town or municipality in which a majority of votes at the last election at which the question of license was voted upon were not in favor of license under section 340A.416, or within one-half mile of any such town or municipality, except that intoxicating liquor manufactured within this radius may be sold to be consumed outside it;

(7) at any place on the east side of the Mississippi River within one-tenth of a mile of the main building of the University of Minnesota unless the licensed establishment is on property owned or operated by a nonprofit corporation organized prior to January 1, 1940, for and by former students of the University of Minnesota;

(8) within 1,500 feet of a state university, except only 1,200 feet from that:

(i) the minimum distance in the case of Winona and Southwest State University provided that is 1,200 feet;

(ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale intoxicating liquor licenses may be issued, measured by a direct line from the nearest corner of the administration building to the main entrance of the licensed establishment except;

(iii) at Mankato State University the distance is measured from the front door of the student union of the Highland campus; and

(iv) a temporary license under section 340A.404, subdivision 10, may be issued to a location on the grounds of a state university for an event sponsored or approved by the state university; and

(9) within 1,500 feet of any public school that is not within a city.

(b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler of intoxicating liquor or to a drugstore or to a person who had a license originally issued lawfully prior to July 1, 1967.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8267

Sec. 8. Minnesota Statutes 1996, section 340A.504, subdivision 4, is amended to read:

Subd. 4. [INTOXICATING LIQUOR; OFF-SALE.] No sale of intoxicating liquor may be made by an off-sale licensee:

(1) on Sundays;

(2) before 8:00 a.m. on Monday through Saturday;

(3) after 10:00 p.m. on Monday through Saturday at an establishment located in a city other than a city of the first class or within a city located within 15 miles of a city of the first class in the same county;

(4) after 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and Saturday at an establishment located in a city of the first class or within a city located within 15 miles of a city of the first class in the same county, provided that an establishment may sell intoxicating liquor until 10:00 p.m. on December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise prohibited under clause (1);

(5) on Thanksgiving Day;

(6) on Christmas Day, December 25; or

(7) after 8:00 p.m. on Christmas Eve, December 24.

A municipality may further restrict days of sale for off-sale of alcoholic beverages within its limits.

Sec. 9. Minnesota Statutes 1996, section 340A.510, subdivision 2, is amended to read:

Subd. 2. [MALT LIQUOR FURNISHED FOR SAMPLING.] (a) Notwithstanding section 340A.308, with respect only to sampling authorized under subdivision 1, a brewer may furnish at no cost to an off-sale retailer malt liquor the brewer manufactures if:

(1) the malt liquor is dispensed by the retailer only for tastings authorized under subdivision 1;

(2) the retailer makes available for return to the brewer any unused malt liquor and empty containers;

(3) the samples are dispensed by an employee of the retailer or brewer or by a sampling service retained by the retailer or brewer and not affiliated directly or indirectly with a brewer or malt liquor wholesaler;

(4) the brewer furnishes not more than three cases of malt liquor to the retailer for each sampling;

(5) each sampling continues for not more than eight hours;

(6) the brewer has furnished malt liquor for not more than five samplings for any retailer in any calendar year;

(7) the brewer delivers the malt liquor for the sampling to its exclusive wholesaler for that malt liquor;

(8) the brewer has at least seven days before the sampling filed with the commissioner, on a form the commissioner prescribes, written notice of intent to furnish malt liquor for the sampling, which contains (i) the name and address of the retailer conducting the sampling, (ii) the amount of malt liquor being furnished by the brewer, (iii) the number of times the brewer has furnished malt liquor to the retailer in the calendar year in which the notice is filed, (iv) the date and time of the sampling, (v) the exclusive wholesaler to whom the brewer will deliver the malt liquor, and (vi) a statement by the brewer to the effect that to the brewer's knowledge all requirements of this section have been or will be complied with; and

(9) the commissioner has not notified the brewer filing the notice under clause (8) that the commissioner disapproves the notice.

(b) For purposes of this subdivision, "retailer" means a licensed off-sale retailer of alcoholic beverages and a municipal liquor store that sells at off-sale.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8268

Sec. 10. Laws 1994, chapter 611, section 32, as amended by Laws 1996, chapter 418, section 15, is amended to read:

Sec. 32. [EAGAN; LICENSES AUTHORIZED.]

The city of Eagan may issue not more than eight 12 on-sale intoxicating liquor licenses in addition to the number authorized by Minnesota Statutes, section 340A.413. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the licenses authorized by this section.

Sec. 11. [CITY OF ALBERT LEA; LIQUOR LICENSES.]

The city of Albert Lea may issue three on-sale intoxicating liquor licenses in addition to the number authorized by law. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the licenses authorized under this section, except that the city may issue the licenses only to establishments that derive 50 percent or more of their gross income from food sales.

Sec. 12. [TOWN OF CANOSIA; OFF-SALE HOURS.]

Notwithstanding any other law, the town of Canosia may by ordinance permit the off-sale of intoxicating liquor until 10:00 p.m. on Monday through Saturday.

Sec. 13. [EAST GRAND FORKS; ADDITIONAL LICENSES.]

The city of East Grand Forks may issue not more than five on-sale intoxicating liquor licenses in addition to the number authorized by Minnesota Statutes, section 340A.413. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the licenses authorized by this section.

Sec. 14. [NEW ULM COMMUNITY FESTIVAL.]

Notwithstanding Minnesota Statutes, section 340A.410, subdivision 10, paragraph (b), the New Ulm city council may issue two temporary licenses under Minnesota Statutes, section 340A.404, subdivision 10, to an organization or for a location within a 30-day period if the licenses are for sale of alcoholic beverages at a community festival within the city.

Sec. 15. [CITY OF PINE CITY; LIQUOR LICENSES.]

The city of Pine City may issue one on-sale intoxicating liquor license in addition to the number authorized by law. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the license authorized under this section.

Sec. 16. [CITY OF VIRGINIA; LIQUOR LICENSES.]

The city of Virginia may issue one on-sale intoxicating liquor license in addition to the number authorized by law. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the license authorized under this section.

Sec. 17. [EFFECTIVE DATE.]

Sections 3, 8, and 9 are effective the day following final enactment. Sections 10 to 16 are each effective on approval of the city councils of the political subdivisions named in those sections and compliance with Minnesota Statutes, section 645.021."

Delete the title and insert:

"A bill for an act relating to liquor; regulating brewers and wholesalers; providing for the obligations of successors; providing for temporary on-sale licenses on grounds of state universities; regulating on-sale license fees; providing for numbers of temporary on-sale licenses that may be issued; regulating beer tastings; allowing municipalities to regulate days


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8269

of sale; prohibiting deliveries to residences; authorizing additional on-sale licenses; amending Minnesota Statutes 1996, sections 325B.01; 325B.14; 340A.404, subdivision 10, and by adding a subdivision; 340A.408, subdivision 2; 340A.410, subdivision 10; 340A.412, subdivision 4; 340A.504, subdivision 4; and 340A.510, subdivision 2; Laws 1994, chapter 611, section 32, as amended."

The motion prevailed and the amendment was adopted.

S. F. No. 2274, A bill for an act relating to liquor; regulating beer brewers and wholesalers; providing for the obligations of successors; allowing the commissioner of public safety to issue on-sale licenses to Giants Ridge and Ironworld Discovery Center; modifying restrictions for temporary on-sale licenses; authorizing issuance of temporary on-sale licenses to state universities; regulating malt liquor sampling; authorizing certain cities to issue additional on-sale licenses; amending Minnesota Statutes 1996, sections 325B.01; 325B.14; 340A.404, subdivision 10, and by adding a subdivision; 340A.410, subdivision 10; 340A.412, subdivision 4; and 340A.510, subdivision 2; Laws 1994, chapter 611, section 32, as amended.

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

The question was taken on the passage of the bill and the roll was called. There were 115 yeas and 13 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B. Knoblach Olson, M. Rest Westfall
Erickson Lindner Orfield Skoglund
Knight Ness Osthoff Wagenius

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

S. F. No. 1654 was reported to the House.

Mulder moved to amend S. F. No. 1654 as follows:

Page 3, line 10, delete "STATE"


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8270

Page 3, lines 12 and 14, delete "state"

Page 3, line 16, strike "Fifty cents of each" and insert "The"

Page 3, line 17, strike everything after "costs"

Page 3, line 18, strike everything before the period

Page 7, line 15, after the semicolon, insert "and"

Page 7, delete lines 16 to 19

Page 7, line 20, delete "(20)" and insert "(19)"

Page 7, line 22, delete "state"

Page 7, line 23, delete "Fifty cents of each" and insert "The"

Page 7, line 24, delete everything after "costs" and insert a period

Page 7, delete lines 25 and 26

Page 10, line 33, after the semicolon, insert "and"

Page 10, delete lines 34 to 36

Page 11, delete line 1

Page 11, line 2, delete "(20)" and insert "(19)"

Page 11, line 4, delete "state" and delete "Fifty cents"

Page 11, line 5, delete "of each" and insert "The"

Page 11, line 6, delete everything after "costs" and insert a period

Page 11, delete line 7

A roll call was requested and properly seconded.

The question was taken on the Mulder amendment and the roll was called. There were 56 yeas and 73 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8271

Those who voted in the negative were:

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

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

S. F. No. 1654, A bill for an act relating to real property; providing for fee changes for filing and recording certain documents; amending Minnesota Statutes 1996, sections 357.18, subdivisions 1, 2, and 3; 505.08, subdivision 2; 508.82, subdivision 1; and 508A.82, subdivision 1; Minnesota Statutes 1997 Supplement, section 515B.1-116.

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

The question was taken on the passage of the bill and the roll was called. There were 69 yeas and 59 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The bill was passed and its title agreed to.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8272

S. F. No. 2269, A bill for an act relating to water; clarifying provisions relating to hearings of the board of water and soil resources; increasing the level of exempted bids for watershed districts; modifying the public review period for wetland replacement plans; providing for notice of local wetland plan development to the commissioner of agriculture; requiring approval of certain wetland replacements; requiring a report on wetland law consolidation; amending Minnesota Statutes 1996, sections 103B.231, subdivision 9; 103D.105; 103D.641; and 103G.2242, subdivision 8; Minnesota Statutes 1997 Supplement, section 103G.2243, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.Knight

The bill was passed and its title agreed to.

S. F. No. 2373, A bill for an act relating to civil commitment; modifying provisions governing release on pass for persons committed as mentally ill and dangerous; allowing temporary jail confinement of persons subject to commitment as sexual psychopathic personalities or sexually dangerous persons; clarifying various provisions and making conforming and technical amendments; amending Minnesota Statutes 1996, sections 253B.15, subdivision 9; and 253B.185, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 253B.03, subdivision 7; 253B.045, subdivisions 2 and 3; 253B.05, subdivision 3; 253B.07, subdivisions 5 and 7; 253B.09, subdivision 1; 253B.092, subdivisions 6 and 8; 253B.0921; 253B.095, subdivision 3; 253B.12, subdivision 1; 253B.141, subdivision 1; 253B.15, subdivisions 2, 3, 3a, 3b, and 5; 253B.18, subdivisions 4a and 5; and 253B.19, subdivision 3.

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


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8273

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 2725, A bill for an act relating to real estate; authorizing additional methods for recorder and registrar functions; amending Minnesota Statutes 1996, sections 386.40; 386.41; 508.32; 508.38; and 508A.38; proposing coding for new law in Minnesota Statutes, chapters 386; 508; and 508A.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8274
Entenza Johnson, R. Mariani Paymar Swenson, H.
Erhardt Juhnke Marko Pelowski Sykora

Those who voted in the negative were:

Bakk The bill was passed and its title agreed to.

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.

Macklin was excused between the hours of 3:10 p.m. and 5:45 p.m.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10 Solberg requested immediate consideration of H. F. No. 3843.

H. F. No. 3843 was reported to the House.

CALL OF THE HOUSE

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

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


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8275

SUSPENSION OF RULES

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Kalis moved that the rule therein be suspended and an urgency be declared so that H. F. No. 3843 be given its third reading and be placed upon its final passage.

A roll call was requested and properly seconded.

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

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

There were 118 yeas and 13 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Broecker Knight Lindner Olson, M. Workman
Commers Krinkie Mares Paulsen
Dehler Larsen Mulder Vandeveer

The motion prevailed.

Kalis moved that the Rules of the House be so far suspended that H. F. No. 3843 be given its third reading and be placed upon its final passage. The motion prevailed.

Sviggum moved to amend H. F. No. 3843, the first engrossment, as follows:

Pages 12 and 13, delete subdivision 4

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8276

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

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

There were 43 yeas and 89 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Krinkie Nornes Seagren Weaver
Anderson, B. Goodno Kuisle Olson, M. Seifert Westrom
Bettermann Haas Larsen Osskopp Stanek Workman
Boudreau Holsten Leppik Ozment Sviggum
Bradley Kielkucki Lindner Paulsen Sykora
Broecker Knight McElroy Pawlenty Tingelstad
Commers Knoblach Molnau Rifenberg Tuma
Dehler Kraus Mulder Rostberg Van Dellen

Those who voted in the negative were:

Anderson, I. Erickson Jefferson Mares Paymar Stang
Bakk Evans Jennings Mariani Pelowski Swenson, H.
Biernat Farrell Johnson, A. Marko Peterson Tomassoni
Bishop Finseth Johnson, R. McCollum Pugh Tompkins
Carlson Folliard Juhnke McGuire Rest Trimble
Chaudhary Garcia Kahn Milbert Reuter Tunheim
Clark, J. Greenfield Kalis Mullery Rhodes Vandeveer
Clark, K. Greiling Kelso Munger Rukavina Wagenius
Daggett Gunther Kinkel Murphy Schumacher Wejcman
Davids Harder Koskinen Ness Sekhon Wenzel
Dawkins Hasskamp Kubly Olson, E. Skare Westfall
Delmont Hausman Leighton Opatz Skoglund Winter
Dempsey Hilty Lieder Orfield Slawik Wolf
Dorn Huntley Long Osthoff Smith Spk. Carruthers
Entenza Jaros Mahon Otremba, M. Solberg

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

Krinkie moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 41, delete subdivision 8

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

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 - 90th Day - Thursday, March 12, 1998 - Top of Page 8277

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

There were 50 yeas and 81 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Knoblach Nornes Smith Vandeveer
Anderson, B. Erickson Krinkie Olson, M. Stanek Weaver
Bettermann Finseth Kuisle Osskopp Stang Westfall
Boudreau Goodno Larsen Ozment Sviggum Westrom
Bradley Haas Lindner Paulsen Sykora Workman
Broecker Harder Mares Pawlenty Tingelstad
Commers Holsten McElroy Rifenberg Tompkins
Daggett Kielkucki Molnau Rostberg Tuma
Dehler Knight Mulder Seifert Van Dellen

Those who voted in the negative were:

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

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

Stanek and Lindner moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 34, line 36, delete "1,628,000" and insert "4,648,000"

Page 34, after line 51, insert:

"Subd. 4. $3,020,000 is for a grant to the city of Maple Grove to design, construct, expand, and equip firearm and tactical training facilities for law enforcement in the city of Maple Grove."

Page 41, delete subdivision 8

Renumber the subdivisions in sequence

Adjust amounts accordingly

A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8278

The question was taken on the Stanek and Lindner amendment and the roll was called. There were 44 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erhardt Knight Nornes Stanek Westfall
Bettermann Erickson Knoblach Ozment Sviggum Westrom
Boudreau Finseth Lindner Paulsen Swenson, H. Wolf
Broecker Goodno Mahon Rhodes Tingelstad Workman
Clark, J. Gunther Mares Rostberg Tompkins
Commers Haas McElroy Seagren Van Dellen
Daggett Harder Molnau Seifert Vandeveer
Dehler Kielkucki Mulder Smith Weaver

Those who voted in the negative were:

Abrams Evans Johnson, R. Long Osthoff Slawik
Anderson, I. Farrell Juhnke Mariani Otremba, M. Solberg
Bakk Folliard Kahn Marko Pawlenty Stang
Biernat Garcia Kalis McCollum Paymar Sykora
Bishop Greenfield Kelso McGuire Pelowski Tomassoni
Bradley Greiling Kinkel Milbert Peterson Trimble
Carlson Hasskamp Koskinen Mullery Pugh Tuma
Chaudhary Hausman Kraus Munger Rest Tunheim
Clark, K. Hilty Krinkie Murphy Reuter Wagenius
Davids Holsten Kubly Ness Rifenberg Wejcman
Dawkins Huntley Kuisle Olson, E. Rukavina Wenzel
Delmont Jaros Larsen Olson, M. Schumacher Winter
Dempsey Jefferson Leighton Opatz Sekhon Spk. Carruthers
Dorn Jennings Leppik Orfield Skare
Entenza Johnson, A. Lieder Osskopp Skoglund

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

Knoblach moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 43, after line 31, insert:

"Sec. 31 [16A.111] [CAPITAL PROJECT GRANTS TO LOCAL GOVERNMENTS]

Subdivision 1. [SCOPE.] Unless specifically excluded from the requirements of this subdivision, any appropriation authorized by the legislature after July 1, 1999, that is made to a local unit of government to acquire and to better public land and buildings and other public improvements of a capital nature is subject to the requirements of this section.

Subd. 2. [PURPOSES.] Grants to local units of government must be for one or more of the following purposes:

(1) to prevent, or mitigate the results of, a disaster;

(2) to provide basic, necessary services to an area that could not otherwise afford to provide such services;

(3) to provide a statewide resource that is reasonably expected to serve a substantial portion of the state's population; or

(4) to provide a facility that will be substantially used by one or more state agencies.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8279

Subd. 3. [LOCAL MATCH AND PREDESIGN REQUIRED] Grants for the purposes in subdivision 2, paragraphs (3) and (4), must be contingent upon commitment of at least an equal amount from nonstate sources and upon submission to the commissioner of administration of an independent predesign study completed with funds from nonstate sources.

Subd. 4. [DEMONSTRATION OF PROJECT VIABILITY] Grants for the purposes in subdivision 2, paragraphs (1) and (2), must not be made until the local unit of government demonstrates to the commissioner of finance that projected revenues and other nonstate sources of funding can reasonably be expected to finance the continued operation of the facility without additional state financial assistance, unless a state agency occupies and pays rent in the facility."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

Mahon and Stanek moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 34, after line 51, insert:

"Subd. 4. $2,500,000 is appropriated from the bond proceeds fund to the commissioner of public safety for a grant to the city of Richfield or other fiscal agent for the joint powers entity created for the purpose under Minnesota Statutes, section 471.59. The appropriation must be matched by $4,000,000 from nonstate sources."

Adjust amounts accordingly

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

Knight moved to amend H. F. No. 3843, the first engrossment, as follows:

Pages 17 and 18, delete subdivision 13

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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

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

There were 35 yeas and 94 nays as follows:

Those who voted in the affirmative were:

Abrams Daggett Krinkie Molnau Rostberg Tompkins
Anderson, B. Finseth Kuisle Mulder Seagren Weaver
Boudreau Gunther Larsen Olson, M. Stanek Westfall
Bradley Harder Leppik Osskopp Sviggum Westrom
Broecker Kielkucki Lindner Paulsen Swenson, H. Workman
Commers Knight McElroy Pawlenty Tingelstad


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8280

Those who voted in the negative were:

Anderson, I. Erhardt Jennings Mariani Paymar Solberg
Bakk Erickson Johnson, A. Marko Pelowski Stang
Bettermann Evans Johnson, R. McCollum Peterson Sykora
Biernat Farrell Juhnke McGuire Pugh Tomassoni
Bishop Folliard Kahn Milbert Rest Trimble
Carlson Garcia Kalis Mullery Reuter Tuma
Chaudhary Goodno Kinkel Munger Rhodes Tunheim
Clark, J. Greenfield Knoblach Murphy Rifenberg Vandeveer
Clark, K. Greiling Koskinen Ness Rukavina Wagenius
Davids Haas Kraus Nornes Schumacher Wejcman
Dawkins Hasskamp Kubly Olson, E. Seifert Wenzel
Dehler Hausman Leighton Opatz Sekhon Winter
Delmont Hilty Lieder Orfield Skare Wolf
Dempsey Huntley Long Osthoff Skoglund Spk. Carruthers
Dorn Jaros Mahon Otremba, M. Slawik
Entenza Jefferson Mares Ozment Smith

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

Sviggum moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 13, delete subdivision 5

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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

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

There were 41 yeas and 90 nays as follows:

Those who voted in the affirmative were:

Abrams Davids Holsten McElroy Rostberg Tuma
Anderson, B. Dehler Kielkucki Molnau Seifert Van Dellen
Bettermann Erhardt Knight Mulder Smith Vandeveer
Boudreau Erickson Knoblach Nornes Stang Weaver
Bradley Gunther Krinkie Olson, M. Sviggum Westrom
Commers Haas Kuisle Osskopp Tingelstad Workman
Daggett Harder Lindner Rifenberg Tompkins

Those who voted in the negative were:

Anderson, I. Farrell Johnson, R. Mares Ozment Slawik
Bakk Finseth Juhnke Mariani Paulsen Solberg
Biernat Folliard Kahn Marko Paymar Stanek

Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8281
Bishop Garcia Kalis McCollum Pelowski Swenson, H.
Broecker Goodno Kelso McGuire Peterson Sykora
Carlson Greenfield Kinkel Milbert Pugh Tomassoni
Chaudhary Greiling Koskinen Mullery Rest Trimble
Clark, J. Hasskamp Kraus Munger Reuter Tunheim
Clark, K. Hausman Kubly Murphy Rhodes Wagenius
Dawkins Hilty Larsen Ness Rukavina Wejcman
Delmont Huntley Leighton Olson, E. Schumacher Wenzel
Dempsey Jaros Leppik Opatz Seagren Westfall
Dorn Jefferson Lieder Orfield Sekhon Winter
Entenza Jennings Long Osthoff Skare Wolf
Evans Johnson, A. Mahon Otremba, M. Skoglund Spk. Carruthers

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

Sviggum moved to amend H. F. No. 3843, the first engrossment, as follows:

Pages 40 and 41, delete subdivision 6

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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

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

There were 54 yeas and 78 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I. Evans Jennings Long Orfield Skoglund
Bakk Farrell Johnson, A. Mahon Osthoff Slawik
Biernat Folliard Johnson, R. Mariani Otremba, M. Solberg
Bishop Garcia Juhnke Marko Paymar Swenson, H.
Carlson Greenfield Kahn McCollum Pelowski Tingelstad
Chaudhary Greiling Kalis McGuire Peterson Tomassoni
Clark, K. Gunther Kelso Milbert Pugh Trimble
Davids Hasskamp Kinkel Mullery Rest Tunheim
Dawkins Hausman Koskinen Munger Reuter Wagenius
Delmont Hilty Kraus Murphy Rukavina Wejcman

Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8282
Dempsey Huntley Kubly Ness Schumacher Wenzel
Dorn Jaros Leighton Olson, E. Sekhon Winter
Entenza Jefferson Lieder Opatz Skare Spk. Carruthers

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

Haas moved to amend H. F. No. 3843, the first engrossment, as follows:

Pages 38 and 39, delete subdivision 21

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Haas amendment and the roll was called. There were 54 yeas and 78 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8283

Sviggum moved to amend H. F. No. 3843, the first engrossment, as follows:

Pages 35 and 36, delete subdivision 4

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 42 yeas and 90 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erhardt Knight Nornes Seifert Van Dellen
Bettermann Erickson Krinkie Olson, M. Smith Vandeveer
Boudreau Finseth Kuisle Paulsen Stang Weaver
Bradley Haas Lindner Pawlenty Sviggum Westfall
Commers Harder McElroy Rifenberg Tingelstad Westrom
Daggett Holsten Molnau Rostberg Tompkins Wolf
Dehler Kielkucki Mulder Seagren Tuma Workman

Those who voted in the negative were:

Abrams Entenza Jennings Lieder Orfield Skare
Anderson, I. Evans Johnson, A. Long Osskopp Skoglund
Bakk Farrell Johnson, R. Mahon Osthoff Slawik
Biernat Folliard Juhnke Mares Otremba, M. Solberg
Bishop Garcia Kahn Mariani Ozment Stanek
Broecker Goodno Kalis Marko Paymar Swenson, H.
Carlson Greenfield Kelso McCollum Pelowski Sykora
Chaudhary Greiling Kinkel McGuire Peterson Tomassoni
Clark, J. Gunther Knoblach Milbert Pugh Trimble
Clark, K. Hasskamp Koskinen Mullery Rest Tunheim
Davids Hausman Kraus Munger Reuter Wagenius
Dawkins Hilty Kubly Murphy Rhodes Wejcman
Delmont Huntley Larsen Ness Rukavina Wenzel
Dempsey Jaros Leighton Olson, E. Schumacher Winter
Dorn Jefferson Leppik Opatz Sekhon Spk. Carruthers

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

Knight moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 41, delete subdivision 7

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8284

The question was taken on the Knight 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:

Abrams Daggett Knight Molnau Rostberg Weaver
Anderson, B. Dehler Knoblach Mulder Stanek Westfall
Bettermann Erhardt Krinkie Osskopp Sviggum Westrom
Boudreau Goodno Kuisle Ozment Sykora Workman
Bradley Haas Larsen Paulsen Tompkins
Broecker Holsten Lindner Pawlenty Tuma
Commers Kielkucki McElroy Rifenberg Van Dellen

Those who voted in the negative were:

Anderson, I. Finseth Juhnke Marko Peterson Swenson, H.
Bakk Folliard Kahn McCollum Pugh Tomassoni
Biernat Garcia Kalis McGuire Rest Trimble
Bishop Greenfield Kelso Milbert Reuter Tunheim
Carlson Greiling Kinkel Mullery Rhodes Vandeveer
Chaudhary Gunther Koskinen Munger Rukavina Wagenius
Clark, J. Harder Kraus Murphy Schumacher Wejcman
Clark, K. Hasskamp Kubly Ness Seagren Wenzel
Davids Hausman Leighton Nornes Seifert Winter
Dawkins Hilty Leppik Olson, E. Sekhon Wolf
Delmont Huntley Lieder Opatz Skare Spk. Carruthers
Dorn Jaros Long Orfield Skoglund
Entenza Jefferson Macklin Osthoff Slawik
Erickson Jennings Mahon Otremba, M. Smith
Evans Johnson, A. Mares Paymar Solberg
Farrell Johnson, R. Mariani Pelowski Stang

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

Krinkie moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 29, delete lines 30 to 42

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called. There were 43 yeas and 90 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Knight Mulder Rostberg Vandeveer
Anderson, B. Erhardt Krinkie Nornes Seagren Weaver

Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8285
Bettermann Finseth Kuisle Olson, M. Seifert Westrom
Boudreau Goodno Larsen Osskopp Smith
Bradley Haas Leppik Paulsen Sviggum
Clark, J. Harder Lindner Pawlenty Tingelstad
Commers Holsten McElroy Reuter Tompkins
Daggett Kielkucki Molnau Rifenberg Van Dellen

Those who voted in the negative were:

Anderson, I. Evans Johnson, R. Mares Ozment Stang
Bakk Farrell Juhnke Mariani Paymar Swenson, H.
Biernat Folliard Kahn Marko Pelowski Sykora
Bishop Garcia Kalis McCollum Peterson Tomassoni
Broecker Greenfield Kelso McGuire Pugh Trimble
Carlson Greiling Kinkel Milbert Rest Tuma
Chaudhary Gunther Knoblach Mullery Rhodes Tunheim
Clark, K. Hasskamp Koskinen Munger Rukavina Wagenius
Davids Hausman Kraus Murphy Schumacher Wejcman
Dawkins Hilty Kubly Ness Sekhon Wenzel
Delmont Huntley Leighton Olson, E. Skare Westfall
Dempsey Jaros Lieder Opatz Skoglund Winter
Dorn Jefferson Long Orfield Slawik Wolf
Entenza Jennings Macklin Osthoff Solberg Workman
Erickson Johnson, A. Mahon Otremba, M. Stanek Spk. Carruthers

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

McElroy and Knoblach moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 55, after line 35, insert:

"Sec. 53. [CAPITAL INVESTMENT PROCESS STANDARDS; LEGISLATIVE COMMISSION; REPORT.]

The speaker of the house of representatives shall appoint five members of the house and the rules and administration subcommittee on committees of the senate shall appoint five members of the senate to serve on a legislative commission. The commission shall make findings and recommendations to the legislature to establish standards regarding capital grants to local units of government. The commission shall make a written report, including its findings and recommendations, to the legislature by February 15, 1999. This commission expires February 15, 1999."

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 McElroy and Knoblach amendment and the roll was called.

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

There were 54 yeas and 78 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8286
Abrams Daggett Holsten Macklin Paulsen Sviggum
Anderson, B. Dehler Kielkucki Mares Pawlenty Swenson, H.
Bettermann Erhardt Knight McElroy Rhodes Sykora
Bishop Erickson Knoblach Molnau Rifenberg Tingelstad
Boudreau Finseth Krinkie Mulder Rostberg Tompkins
Bradley Goodno Kuisle Nornes Seifert Tuma
Broecker Gunther Larsen Olson, M. Smith Weaver
Clark, J. Haas Leppik Osskopp Stanek Westfall
Commers Harder Lindner Ozment Stang Westrom

Those who voted in the negative were:

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

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

Anderson, B., and Broecker moved to amend H. F. No. 3843, the first engrossment, as follows:

Page 7, delete lines 25 to 30

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Anderson, B., and Broecker amendment and the roll was called.

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

There were 36 yeas and 96 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Knight Molnau Smith Tompkins
Anderson, B. Erickson Knoblach Mulder Stanek Van Dellen
Bradley Goodno Krinkie Olson, M. Stang Vandeveer
Broecker Haas Larsen Ozment Sviggum Weaver
Clark, J. Harder Lindner Pawlenty Sykora Westrom
Commers Kielkucki McElroy Rostberg Tingelstad Workman


Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8287

Those who voted in the negative were:

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

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

H. F. No. 3843, A bill for an act relating to public administration; authorizing spending for public purposes; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing state bonds; appropriating money; amending Minnesota Statutes 1996, sections 16A.105; 16A.11, subdivision 3a, and by adding a subdivision; 16A.501; 16B.30; and 446A.072, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 16A.641, subdivision 4; 124C.498, subdivision 2; 268.917; and 462A.202, subdivision 3a; Laws 1986, chapter 396, section 2, subdivision 1, as amended; Laws 1994, chapter 643, section 2, subdivision 13; Laws 1996, chapter 463, sections 13, subdivision 4, as amended; and 22, subdivision 7; and Laws 1997, chapter 202, article 1, section 35, as amended; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Laws 1986, chapter 396, section 2, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 96 yeas and 37 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Haas Leppik Olson, M. Sviggum Weaver
Anderson, B. Harder Lindner Ozment Sykora Workman
Bradley Knight Macklin Paulsen Tingelstad
Broecker Knoblach Mahon Pawlenty Tompkins

Journal of the House - 90th Day - Thursday, March 12, 1998 - Top of Page 8288
Commers Krinkie McElroy Smith Tuma
Dehler Kuisle Molnau Stanek Van Dellen
Erhardt Larsen Mulder Stang Vandeveer

The bill was passed and its title agreed to.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Boudreau moved that her name be stricken as an author on H. F. No. 1278. The motion prevailed.

Milbert moved that his name be stricken as an author on H. F. No. 3841. The motion prevailed.

Anderson, I., moved that the names of Wagenius; Juhnke; Johnson, A., and Kahn be added as authors on H. F. No. 3842. The motion prevailed.

Clark, K., 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 11, 1998, when the vote was taken on the repassage of H. F. No. 2895, as amended by the Senate." The motion prevailed.

Mahon 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 11, 1998, when the vote was taken on the Rest et al amendment to H. F. No. 3840, the first engrossment, as amended." The motion prevailed.

Paymar 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 11, 1998, when the vote was taken on the Macklin et al amendment to H. F. No. 3840, the first engrossment, as amended." The motion prevailed.

Wenzel 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 11, 1998, when the vote was taken on the Orfield et al amendment to H. F. No. 3840, the first engrossment, as amended." The motion prevailed.

Wenzel 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 11, 1998, when the vote was taken on the Rest et al amendment to H. F. No. 3840, the first engrossment, as amended." The motion prevailed.

Sykora 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 11, 1998, when the vote was taken on the final passage of S. F. No. 2570." The motion prevailed.

Skare moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 9, 1998, when the vote was taken on the Olson, M., et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended." The motion prevailed.

Bakk moved that H. F. No. 3827 be returned to its author. The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Friday, March 13, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Friday, March 13, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives