Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8479

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

NINETY-FOURTH DAY

Saint Paul, Minnesota, Wednesday, March 18, 1998

 

The House of Representatives convened at 9:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by Pastor Luther Bexell, North Emanuel Lutheran Church, St. Paul, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Garcia and Luther were excused.

Wagenius was excused until 11:25 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Paymar 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 - 94th Day - Wednesday, March 18, 1998 - Top of Page 8480

REPORTS OF STANDING COMMITTEES

Winter from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 3064, A bill for an act relating to telecommunications; amending the state telephone assistance program to match federal requirements; modifying TAP eligibility criteria; requiring the department of human services to automatically enroll eligible persons based on information in state information systems; setting and abolishing TAP surcharge; amending Minnesota Statutes 1996, sections 237.69, subdivision 5; and 237.70, subdivision 6, and by adding subdivisions; Minnesota Statutes 1997 Supplement, section 237.70, subdivisions 4a and 7.

Reported the same back with the following amendments:

Page 3, line 12, delete everything after the period

Page 3, delete lines 13 to 15

Page 6, line 34, delete "bill" and insert "act"

Page 8, after line 33, insert:

"Sec. 7. [STUDY OF POSSIBLE FUNDING ALTERNATIVES.]

The department of public service shall review and analyze possible alternative mechanisms of funding for the telephone assistance plan established and funded pursuant to Minnesota Statutes, section 237.70, including, but not limited to, the appropriation of funds by the legislature from the general fund. As part of its analysis of alternatives, the department shall analyze how each alternative could provide the level of funding necessary to preserve participation by eligible households in the telephone assistance plan. The department shall report its findings and recommendations to the legislature by January 15, 1999."

Page 8, line 34, delete "7" and insert "8"

Page 8, line 35, delete "6" and insert "7"

Amend the title as follows:

Page 1, line 7, delete "and"

Page 1, line 8, delete "abolishing" and after the semicolon, insert "requiring funding study and report;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Winter from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 3613, A resolution memorializing Congress to support the admission of the Baltic States of Estonia, Latvia, and Lithuania to the North Atlantic Treaty.

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

The report was adopted.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8481

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 3808, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; confirming that the lawful taking of game and fish is a valued part of our heritage and a privilege that must always be managed by law and regulation for the common good.

Reported the same back with the following amendments:

Page 1, lines 12 and 20, delete "lawful"

Amend the title as follows:

Page 1, line 4, delete "lawful"

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 3064 and 3613 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Van Dellen, Paulsen, Rifenberg, Kraus and Bettermann introduced:

H. F. No. 3852, A resolution memorializing Congress to enact legislation that will sunset the Internal Revenue Code by December 31, 2000, and to develop and complete a replacement tax code for the American people.

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

HOUSE ADVISORIES

The following House Advisory was introduced:

Abrams introduced:

H. A. No. 15, A proposal to study limiting debate on the House floor during consideration of omnibus spending bills.

The advisory was referred to the Committee on Rules and Legislative Administration.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8482

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

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

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. 3840, A bill for an act relating to the financing and operation of government in this state; providing property tax rebates; providing property tax reform; making changes to property tax rates, levies, notices, hearings, assessments, exemptions, aids, and credits; providing for limited market value; extending levy limits; providing bonding and levy authority, and other powers to certain political subdivisions; making changes to income, sales, excise, mortgage registry and deed, premiums, and solid waste tax provisions; authorizing the imposition of certain local sales, use, excise, and lodging taxes; authorizing a sanitary sewer district; modifying provisions relating to the budget reserve and other accounts; making changes to tax increment financing, regional development, housing, and economic development provisions; providing for the taxation of taconite and the distribution of taconite taxes; modifying provisions relating to the taxation and operation of gaming; providing for border city zones; making miscellaneous changes to state and local tax and administrative provisions; providing for calculation of rent constituting property taxes; changing the senior citizens' property tax deferral program; changing certain fiscal note requirements; establishing a tax study commission; providing for a land transfer; appropriating money; amending Minnesota Statutes 1996, sections 16A.102, subdivisions 1 and 2; 92.46, by adding a subdivision; 124.95, subdivisions 3, 4, and 5; 124A.02, subdivision 3; 240.15, subdivision 1; 273.111, subdivision 9; 273.112, subdivision 7; 273.13, subdivisions 22, 23, and 24; 273.135, subdivision 2; 273.1391, subdivision 2; 273.1398, subdivision 2; 275.07, by adding a subdivision; 289A.08, subdivision 13; 290.06, subdivision 2c, and by adding a subdivision; 290.067, subdivisions 2 and 2a; 290.091, subdivision 2; 290.0921, subdivision 3a; 290.10; 290.21, subdivision 3; 290A.03, subdivision 3; 297A.01, subdivision 8; 297A.02, subdivisions 2 and 4; 297A.135, subdivision 4; 297A.25, by adding subdivisions; 297E.02, subdivisions 1, 4, and 6; 298.225, subdivision 1; 298.28, subdivisions 4, 6, 9, 10, and 11; 360.653; 462.396, subdivision 2; 469.091, subdivision 1; 469.101, subdivision 1; 469.169, by adding a subdivision; 469.170, by adding a subdivision; 469.171, subdivision 9; 469.174, by adding a subdivision; 469.175, subdivisions 5, 6, 6a, and by adding a subdivision; 469.176, subdivision 7; 469.177, by adding a subdivision; 469.1771, subdivision 5, and by adding a subdivision; 473.3915, subdivisions 2 and 3; 475.58, subdivision 1; 477A.0122, subdivision 6; 477A.03, subdivision 2; 477A.14; Minnesota Statutes 1997 Supplement, sections 3.986, subdivisions 2 and 4; 3.987, subdivisions 1 and 2; 3.988, subdivision 3; 3.989, subdivisions 1 and 2; 16A.152, subdivision 2; 124.239, subdivisions 5a and 5b; 124.315, subdivisions 4 and 5; 124.918, subdivision 8; 124.961; 270.67, subdivision 2; 272.02, subdivision 1; 272.115, subdivisions 4 and 5; 273.11, subdivision 1a; 273.124, subdivision 14; 273.127, subdivision 3; 273.13, subdivisions 22, 23, 24, 25, as amended, and 31; 273.1382, subdivisions 1 and 3; 275.065, subdivisions 3 and 6; 275.70, subdivision 5, and by adding a subdivision; 275.71, subdivisions 2, 3, and 4; 275.72, by adding a subdivision; 287.08; 289A.02, subdivision 7; 289A.11, subdivision 1; 289A.19, subdivision 2; 290.01, subdivisions 19, 19a, 19b, 19c, 19f, and 31; 290.0671, subdivision 1; 290.0673, subdivision 2; 290.091, subdivision 6; 290.371, subdivision 2; 290A.03, subdivisions 11, 13, and 15; 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, and by adding subdivisions; 290B.05, subdivisions 1, 2, and 4; 290B.06; 290B.07; 290B.08, subdivision 2; 290B.09, subdivision 1; 291.005, subdivision 1; 297A.01, subdivisions 4


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8483

and 16; 297A.14, subdivision 4; 297A.25, subdivisions 3, 9, and 11; 297A.256, subdivision 1; 297A.48, by adding a subdivision; 297B.03; 297G.01, by adding a subdivision; 297G.03, subdivision 1; 297H.04, by adding a subdivision; 349.19, subdivision 2a; 462A.071, subdivisions 2, 4, and 8; and 477A.011, subdivision 36; Laws 1971, chapter 773, sections 1, as amended, and 2, as amended; Laws 1980, chapter 511, sections 2 and 3; Laws 1984, chapter 380, sections 1, as amended, and 2; Laws 1992, chapter 511, articles 2, section 52, as amended; and 8, section 33, subdivision 5; Laws 1994, chapter 587, article 11, by adding a section; Laws 1995, chapter 255, article 3, section 2, subdivisions 1, as amended, and 4, as amended; Laws 1997, chapter 231, articles 1, section 16, as amended; 2, sections 63, subdivision 1, and 68, subdivision 3; 3, section 9; 5, section 20; 7, section 47; and 13, section 19; and Laws 1997, Second Special Session chapter 2, section 33; proposing coding for new law in Minnesota Statutes, chapters 272; 273; 290; 365A; and 469; repealing Minnesota Statutes 1996, sections 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; 124A.73; 289A.50, subdivision 6; and 365A.09; Minnesota Statutes 1997 Supplement, sections 3.987, subdivision 3; 14.431; and 124A.711, subdivision 2; Laws 1992, chapter 499, article 7, section 31.

The Senate has appointed as such committee:

Mr. Johnson, D. J.; Ms. Flynn; Messrs. Hottinger, Vickerman and Belanger.

Said House File is herewith returned to the House.

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. 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 Senate has appointed as such committee:

Mr. Langseth; Ms. Berglin; Messrs. Cohen, Laidig and Janezich.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1378, A bill for an act relating to government data practices; modifying the Data Practices Act; providing for data privacy for certain audit information; classifying certain law enforcement data; providing for the classification of and access to government data; providing that certain documents may be classified as nonpublic data until negotiations with


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8484

vendors and best and final offers are received; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 13.794, subdivision 1; 13.82, by adding subdivisions; 13.85, subdivision 2; 13.99, by adding subdivisions; 171.12, subdivision 1; 270B.02, subdivision 3; 270B.03, subdivision 6; 270B.12, subdivision 6; and 629.341, subdivision 4; Minnesota Statutes 1997 Supplement, sections 13.46, subdivision 2; 260.161, subdivision 1; 268.19; 270B.01, subdivision 8; 299C.095, subdivision 2; and 471A.03, subdivision 3; repealing Minnesota Statutes 1996, section 270.10, subdivision 3.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Betzold, Knutson and Ms. Wiener.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

McGuire moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1378. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

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 Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Knutson, Cohen and Foley; Ms. Kiscaden and Mr. Ten Eyck.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Dawkins moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2276. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 3346, A bill for an act relating to human services; appropriating money; changing provisions for long-term care, health care programs and provisions, including MA and GAMC, MinnesotaCare, welfare reform, and regional treatment centers; providing for the sale of certain nursing home property; regulating compulsive gambling; imposing penalties;


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8485

amending Minnesota Statutes 1996, sections 119B.24; 144.701, subdivisions 1, 2, and 4; 144.702, subdivisions 1, 2, and 8; 144A.09, subdivision 1; 144A.44, subdivision 2; 214.03; 245.462, subdivisions 4 and 8; 245.4871, subdivision 4; 245A.03, by adding a subdivision; 245A.14, subdivision 4; 256.014, subdivision 1; 256.969, subdivisions 16 and 17; 256B.03, subdivision 3; 256B.04, by adding a subdivision; 256B.055, subdivision 7, and by adding a subdivision; 256B.057, subdivision 3a, and by adding subdivisions; 256B.0625, subdivisions 7, 17, 19a, 20, 34, and by adding subdivisions; 256B.0627, subdivision 4; 256B.0911, subdivision 4; 256B.0916; 256B.41, subdivision 1; 256B.431, subdivisions 2b, 4, 11, 22, and by adding a subdivision; 256B.501, subdivision 2; 256B.69, by adding subdivisions; 256D.03, subdivision 4, and by adding subdivisions; 256D.051, by adding a subdivision; 256D.46, subdivision 2; 256I.04, subdivisions 1, 3, and by adding a subdivision; 256I.05, subdivision 2; and 609.115, subdivision 9; Minnesota Statutes 1997 Supplement, sections 60A.15, subdivision 1; 62J.685; 62J.69, subdivisions 1, 2, and by adding a subdivision; 62J.75; 103I.208, subdivision 2; 144.1494, subdivision 1; 144A.071, subdivision 4a; 171.29, subdivision 2; 214.32, subdivision 1; 245B.06, subdivision 2; 256.01, subdivision 2; 256.031, subdivision 6; 256.9657, subdivision 3; 256.9685, subdivision 1; 256.9864; 256B.04, subdivision 18; 256B.056, subdivisions 1a and 4; 256B.06, subdivision 4; 256B.062; 256B.0625, subdivision 31a; 256B.0627, subdivision 5; 256B.0645; 256B.0911, subdivisions 2 and 7; 256B.0913, subdivision 14; 256B.0915, subdivisions 1d and 3; 256B.0951, by adding a subdivision; 256B.431, subdivisions 3f and 26; 256B.433, subdivision 3a; 256B.434, subdivision 10; 256B.69, subdivisions 2 and 3a; 256B.692, subdivisions 2 and 5; 256B.77, subdivisions 3, 7a, 10, and 12; 256D.05, subdivision 8; 256J.02, subdivision 4; 256J.03; 256J.08, subdivisions 11, 26, 28, 40, 60, 68, 73, 83, and by adding subdivisions; 256J.09, subdivisions 6 and 9; 256J.11, subdivision 2, as amended; 256J.12; 256J.14; 256J.15, subdivision 2; 256J.20, subdivisions 2 and 3; 256J.21; 256J.24, subdivisions 1, 2, 3, 4, and by adding subdivisions; 256J.26, subdivisions 1, 2, 3, and 4; 256J.28, subdivisions 1, 2, and by adding a subdivision; 256J.30, subdivisions 10 and 11; 256J.31, subdivisions 5 and 10; 256J.32, subdivisions 4, 6, and by adding a subdivision; 256J.33, subdivisions 1 and 4; 256J.35; 256J.36; 256J.37, subdivisions 1, 2, 9, and by adding subdivisions; 256J.38, subdivision 1; 256J.39, subdivision 2; 256J.395; 256J.42; 256J.43; 256J.45, subdivisions 1, 2, and by adding a subdivision; 256J.46, subdivisions 1, 2, and 2a; 256J.47, subdivision 4; 256J.48, subdivisions 2, 3, and by adding a subdivision; 256J.49, subdivision 4; 256J.50, subdivision 5, and by adding a subdivision; 256J.52, subdivision 4; 256J.54, subdivisions 2, 3, 4, and 5; 256J.55, subdivision 5; 256J.56; 256J.57, subdivision 1; 256J.645, subdivision 3; 256J.74, subdivision 2, and by adding a subdivision; 256K.03, subdivision 5; 256L.01; 256L.02, subdivisions 2 and 3; 256L.03, subdivisions 1, 3, 4, 5, and by adding subdivisions; 256L.04, subdivisions 1, 2, 7, 8, 9, 10, and by adding subdivisions; 256L.05, subdivisions 2, 3, 4, and by adding subdivisions; 256L.06, subdivision 3; 256L.07; 256L.09, subdivisions 2, 4, and 6; 256L.11, subdivision 6; 256L.12, subdivision 5; 256L.15; 256L.17, by adding a subdivision; and 270A.03, subdivision 5; Laws 1994, chapter 633, article 7, section 3; Laws 1997, chapter 203, article 4, section 64; and article 9, section 21; chapter 207, section 7; chapter 225, article 2, section 64; and chapter 248, section 46, as amended; proposing coding for new law in Minnesota Statutes, chapters 144; 145; 245; 256; 256B; 256D; 256J; and 256L; repealing Minnesota Statutes 1996, sections 144.0721, subdivision 3a; 256.031, subdivisions 1, 2, 3, and 4; 256.032; 256.033, subdivisions 2, 3, 4, 5, and 6; 256.034; 256.035; 256.036; 256.0361; 256.047; 256.0475; 256.048; 256.049; and 256B.501, subdivision 3g; Minnesota Statutes 1997 Supplement, sections 62J.685; 144.0721, subdivision 3; 256.031, subdivisions 5 and 6; 256.033, subdivisions 1 and 1a; 256B.057, subdivision 1a; 256B.062; 256B.0913, subdivision 15; 256J.25; 256J.28, subdivision 4; 256J.32, subdivision 5; 256J.34, subdivision 5; 256J.76; 256L.04, subdivisions 3, 4, 5, and 6; 256L.06, subdivisions 1 and 2; 256L.08; 256L.09, subdivision 3; 256L.13; and 256L.14; Laws 1997, chapter 85, article 1, sections 61 and 71; and article 3, section 55; Minnesota Rules (Exempt), parts 9500.9100; 9500.9110; 9500.9120; 9500.9130; 9500.9140; 9500.9150; 9500.9160; 9500.9170; 9500.9180; 9500.9190; 9500.9200; 9500.9210; and 9500.9220.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Samuelson and Betzold; Ms. Berglin; Mr. Stevens and Ms. Kiscaden.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

McCollum moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3346. The motion prevailed.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8486

Mr. Speaker:

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

S. F. Nos. 2082, 2966, 2631 and 2099.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2082, A bill for an act relating to education; recodifying and making technical amendments to kindergarten through grade 12 education statutes; amending Minnesota Statutes 1996, sections 120.02, subdivisions 1, 13, 14, 15, and 18; 120.06, subdivisions 1 and 2a; 120.062, subdivisions 4, 5, and 8a; 120.0621, as amended; 120.064, subdivisions 4, 4a, 5, 7, 9, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, and 24; 120.075, subdivisions 1, 2, 3a, and 4; 120.0751, subdivisions 1, 2, 3, 4, and 5; 120.0752, subdivisions 1, 2, and 3; 120.08; 120.101, subdivisions 5a, 7, 8, 9, and 10; 120.102, subdivisions 1, 3, and 4; 120.103, subdivisions 3, 4, 5, and 6; 120.11; 120.14; 120.17, subdivisions 1, 1b, 2, 3, 3a, 3b, 3d, 4, 4a, 5, 5a, 6, 7, 7a, 8a, 9, 10, 16, 18, and 19; 120.1701, subdivisions 2, 4, 5, 6, 7, 8, 8a, 9, 10, 11, 12, 15, 17, 19, 20, 21, and 22; 120.172, subdivision 2; 120.173, subdivisions 1, 3, 4, and 6; 120.1811; 120.182; 120.183; 120.185; 120.188; 120.189; 120.190; 120.59; 120.60; 120.61; 120.62; 120.63; 120.64; 120.66; 120.73, subdivisions 1, 2a, 2b, 3, and 4; 120.74; 120.75; 120.76; 120.80; 121.11, subdivision 7; 121.1115, subdivisions 1 and 2; 121.155; 121.201; 121.203, subdivision 1; 121.207, subdivisions 2 and 3; 121.585, subdivisions 2, 6, and 7; 121.615, subdivision 11; 121.704; 121.705, subdivision 2; 121.706; 121.707, subdivisions 3, 4, 5, 6, and 7; 121.708; 121.710, subdivisions 2 and 3; 121.831, subdivisions 6, 7, 8, 9, 10, 11, and 12; 121.835, subdivisions 4, 5, 7, and 8; 121.8355, subdivisions 2, 3, 5, and 6; 121.88, subdivisions 2, 3, 4, 6, 7, and 9; 121.882, subdivisions 1, 2b, 3, 7, 7a, 8, and 9; 121.885, subdivisions 1 and 4; 121.904, subdivisions 1, 2, 3, 4c, and 13; 121.906; 121.908; 121.911; 121.912, subdivisions 1a, 1b, 2, 3, 5, and 6; 121.9121, subdivisions 2 and 4; 121.914, subdivisions 2, 3, 4, 5, 6, 7, and 8; 121.917; 122.01; 122.02; 122.03; 122.21; 122.22, subdivisions 1, 4, 5, 6, 7a, 9, 13, 14, 18, 20, and 21; 122.23, subdivisions 2, 2b, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 16c, 18, 18a, and 20; 122.241; 122.242, subdivisions 1, 3, 8, and 9; 122.243; 122.245, subdivision 2; 122.246; 122.247, subdivisions 2 and 2a; 122.248; 122.25, subdivisions 2 and 3; 122.32; 122.34; 122.355; 122.41; 122.43; 122.44; 122.45, subdivisions 2 and 3a; 122.46; 122.47; 122.48; 122.531, subdivisions 2c, 5a, and 9; 122.5311, subdivision 1; 122.532, subdivisions 2, 3a, and 4; 122.535, subdivisions 2, 3, 4, 5, and 6; 122.541, subdivisions 1, 2, 4, 5, 6, and 7; 122.895; 122.91, subdivisions 2, 2a, 3a, 4, and 6; 122.93, subdivisions 3 and 8; 122.95, subdivisions 1, 1a, 2, and 4; 123.11, subdivisions 1, 2, 3, 4, and 7; 123.12; 123.13; 123.15; 123.33, subdivisions 1, 2, 2a, 3, 4, 6, 7, 11, and 11a; 123.335; 123.34, subdivisions 1, 2, 7, 8, 9, 9a, and 10; 123.35, subdivisions 1, 2, 4, 5, 8a, 9b, 12, 13, 15, 19a, 19b, 20, and 21; 123.351, subdivisions 1, 3, 4, 5, 8, and 8a; 123.3513; 123.3514, subdivisions 3, 4b, 4d, 5, 6, 6b, 7a, and 7b; 123.36, subdivisions 1, 5, 10, 11, 13, and 14; 123.37, subdivisions 1, 1a, and 1b; 123.38, subdivisions 1, 2, 2a, 2b, and 3; 123.39, subdivisions 1, 2, 8, 8a, 8b, 8c, 8d, 8e, 9a, 11, 12, 13, 14, 15, and 16; 123.40, subdivisions 1, 2, and 8; 123.41; 123.582, subdivision 2; 123.63; 123.64; 123.66; 123.681; 123.70, subdivisions 2, 4, and 8; 123.702, subdivisions 1, 1b, 2, 3, 4, 4a, 5, 6, and 7; 123.704; 123.7045; 123.71; 123.72; 123.75, subdivisions 2, 3, and 5; 123.751, subdivisions 1, 2, and 3; 123.76; 123.78, subdivisions 1a and 2; 123.79, subdivision 1; 123.799, as amended; 123.7991, subdivision 3; 123.801; 123.805; 123.932, subdivision 1b; 123.933; 123.935, subdivisions 1, 2, 4, 5, and 6; 123.936; 123.9361; 123.9362; 123.947; 124.06; 124.07, subdivision 2; 124.078; 124.08; 124.09; 124.10, subdivisions 1 and 2; 124.12; 124.14, subdivisions 2, 3, 3a, 4, 6, 7, and 8; 124.15, subdivisions 2, 2a, 3, 4, 5, 6, and 8; 124.17, subdivisions 1f, 2, 2a, 2b, and by adding subdivisions; 124.175; 124.19, subdivision 5; 124.195, subdivisions 1, 3, 3a, 3b, 4, 5, 6, and 14; 124.196; 124.2131, subdivisions 1, 2, 3a, 5, 6, 7, 8, 9, and 11; 124.214; 124.225, subdivisions 7f, 8l, 8m, and 9; 124.227; 124.239, subdivision 3; 124.242; 124.248, subdivisions 1 and 1a; 124.255; 124.26, subdivision 1c; 124.2601, subdivision 7; 124.2605; 124.2615, subdivision 4; 124.2711, as amended; 124.2713, subdivision 7; 124.2715, subdivision 3; 124.2716, subdivisions 1 and 2; 124.2725, subdivision 15; 124.2726, subdivisions 1, 2, and 4; 124.2727, subdivision 9; 124.273, subdivisions 3, 4, 6, and 7; 124.276, subdivisions 1 and 3; 124.278, subdivision 3; 124.311, subdivision 1; 124.32; 124.3201, subdivisions 5, 6, and 7; 124.322, subdivision 1; 124.35; 124.37; 124.38, subdivisions 1, 4a, and 7; 124.381; 124.39; 124.40; 124.41, subdivision 3; 124.42, as amended; 124.431, subdivisions 4, 5, 6, 10, 12, 13, and 14; 124.44; 124.46, as amended; 124.48, as amended; 124.492; 124.493, subdivision 1; 124.494, subdivisions 1, 2, 2a, 3, 5, and 7; 124.4945; 124.511; 124.573, subdivisions 2, 2b, 2e, 2f, 3, 3a, and 5a; 124.625; 124.63; 124.646; 124.6462; 124.6469, subdivision 3; 124.647; 124.6471; 124.6472; 124.648, as amended; 124.71, subdivision 1; 124.72; 124.73; 124.74; 124.75; 124.755, subdivisions 2, 3, 4, 5, 6, 7, 8, and 9; 124.82, subdivisions 1 and 3; 124.83, subdivision 8; 124.84, subdivisions 1 and 2; 124.85, subdivisions 2, 2a, 2b, 2c, 5, 6, and 7; 124.86, subdivisions 1, 3, and 4; 124.90; 124.91, subdivisions 4 and 6; 124.912, subdivisions 7 and 9; 124.914; 124.916, as amended; 124.918, subdivisions 2, 3, and 7; 124.95, subdivision 1; 124.97; 124A.02, subdivisions 1, 3a, 20, 21, 22, 23, and 24; 124A.029,


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8487

subdivisions 1, 3, and 4; 124A.03, subdivisions 2, 2a, and 3c; 124A.0311, subdivisions 2, 3, and 4; 124A.032; 124A.034; 124A.035; 124A.036, as amended; 124A.04, as amended; 124A.22, subdivisions 2a, 5, 8, and 12; 124A.225, subdivisions 4 and 5; 124A.29; 124A.30; 124C.07; 124C.08, subdivisions 2 and 3; 124C.09; 124C.12, subdivision 2; 124C.41, subdivision 4; 124C.45, subdivision 1; 124C.49; 124C.498, as amended; 124C.60, subdivision 2; 124C.72, subdivision 2; 124C.73, subdivision 3; 125.03, subdivisions 1 and 6; 125.04; 125.05, subdivisions 1, 1a, 6, and 8; 125.06; 125.09; 125.11; 125.12, subdivisions 1a, 2, 2a, 3, 3b, 4, 6, 6a, 6b, 7, 8, 9, 9a, 10, 11, and 13; 125.121, subdivisions 1 and 2; 125.135; 125.138, subdivisions 1, 3, 4, and 5; 125.16; 125.17, subdivisions 2, 2b, 3, 3b, 4, 5, 6, 7, 8, 9, 10, 10a, 11, and 12; 125.18; 125.181; 125.183, subdivisions 1, 4, and 5; 125.184; 125.185, subdivisions 1, 2, 4, 5, and 7; 125.187; 125.188, subdivisions 1, 3, and 5; 125.1885, subdivision 5; 125.189; 125.1895, subdivision 4; 125.211, subdivision 2; 125.230, subdivisions 4, 6, and 7; 125.231, subdivision 3; 125.53; 125.54; 125.60, subdivisions 2, 3, 4, 6a, and 8; 125.611, subdivisions 1 and 13; 125.62, subdivisions 2, 3, and 7; 125.623, subdivision 3; 125.702; 125.703; 125.704, subdivision 1; 125.705, subdivisions 1, 3, 4, and 5; 125.80; 126.05; 126.12; 126.13; 126.14; 126.15, subdivisions 2 and 3; 126.1995; 126.21, subdivisions 3 and 5; 126.22, subdivisions 5 and 6; 126.235; 126.239, subdivision 1; 126.262, subdivisions 3 and 6; 126.264; 126.265; 126.266, subdivision 1; 126.267; 126.36, subdivisions 1, 5, and 7; 126.43, subdivisions 1 and 2; 126.48, subdivisions 1, 2, 3, 4, and 5; 126.49, subdivisions 1, 5, 6, and 8; 126.50; 126.501; 126.51, subdivisions 1a and 2; 126.52, subdivisions 5 and 8; 126.531, subdivision 1; 126.54, subdivisions 1, 2, 3, 4, 5, and 6; 126.56, subdivision 6; 126.69, subdivision 1; 126.70, subdivisions 1 and 2a; 126.72, subdivisions 3 and 6; 126.78, subdivision 4; 126.84, subdivisions 1, 3, 4, and 5; 126A.01; 126B.01, subdivisions 2 and 4; 126B.10; 127.02; 127.03; 127.04; 127.17, subdivisions 1, 3, and 4; 127.19; 127.20; 127.40, subdivision 4; 127.41; 127.411; 127.412; 127.413; 127.42; 127.44; 127.45, subdivision 2; 127.455; 127.46; 127.47, subdivision 2; 127.48; 129C.10, subdivisions 3a, 3b, 4, and 6; and 129C.15; Minnesota Statutes 1997 Supplement, sections 120.05; 120.062, subdivisions 3, 6, and 7; 120.064, subdivisions 8, 10, 14a, and 20a; 120.101, subdivisions 5 and 5c; 120.1015; 120.1701, subdivision 3; 120.181; 121.1113, subdivision 1; 121.615, subdivisions 2, 3, 9, and 10; 121.831, subdivision 3; 121.88, subdivision 10; 121.882, subdivision 2; 121.904, subdivision 4a; 121.912, subdivision 1; 123.35, subdivision 8; 123.3514, subdivisions 4, 4a, 4e, 6c, and 8; 123.7991, subdivision 2; 124.155, subdivisions 1 and 2; 124.17, subdivisions 1 and 4; 124.195, subdivisions 2, 7, and 10; 124.2445; 124.2455; 124.248, subdivisions 3 and 4; 124.26, subdivision 2; 124.2601, subdivision 6; 124.2615, subdivision 2; 124.2713, subdivision 8; 124.321, subdivisions 1 and 2; 124.322, subdivision 1a; 124.323, subdivision 1; 124.41, subdivision 2; 124.431, subdivisions 2 and 11; 124.45, subdivision 2; 124.481; 124.574, subdivision 9; 124.83, subdivision 1; 124.86, subdivision 2; 124.91, subdivision 5; 124.912, subdivisions 1 and 6; 124.918, subdivisions 1, 6, and 8; 124A.22, subdivisions 6, 11, and 13; 124A.23, subdivisions 1, 2, and 3; 124A.28, subdivision 3; 124C.45, subdivision 1a; 125.05, subdivision 1c; 125.12, subdivision 14; 126.22, subdivisions 2, 3a, and 8; 126.23, subdivision 1; 126.51, subdivision 1; 126.531, subdivision 3; 126.72, subdivision 2; 126.77, subdivision 1; and 129C.10, subdivision 3; proposing coding for new law as Minnesota Statutes, chapters 120B; and 120C; repealing Minnesota Statutes 1996, sections 16B.43; 120.71; 120.72; 120.90; 122.52; 122.532, subdivision 1; 122.541, subdivision 3; 123.35, subdivision 10; 123.42; 124.01; 124.19, subdivision 4; 124.2725, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, and 16; 124.312, as amended; 124.38, subdivision 9; 124.472; 124.473; 124.474; 124.476; 124.477; 124.478; 124.479; 124.71, subdivision 2; 124A.02, subdivisions 15 and 16; 124A.029, subdivision 2; 124A.03, subdivision 3b; 124A.22, subdivision 13f; 124A.225, subdivision 6; 124A.31; 124C.55; 124C.56; 124C.57; 124C.58; 125.10; 126.84, subdivision 6; 127.01; 127.08; 127.09; 127.10; 127.11; 127.12; 127.13; 127.15; 127.16; 127.17, subdivision 2; 127.21; and 127.23; Minnesota Statutes 1997 Supplement, sections 124.2725, subdivision 11; 124.313; 124.314; and 124A.26.

The bill was read for the first time.

Kelso moved that S. F. No. 2082 and H. F. No. 2174, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2966, A bill for an act relating to mortgages; enacting the Minnesota Residential Mortgage Originator and Servicer Licensing Act; establishing licensing and enforcement mechanisms; amending Minnesota Statutes 1996, sections 47.206, subdivision 1; 82.17, subdivision 4; 82.18; and 82.27, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 58; repealing Minnesota Statutes 1996, section 82.175.

The bill was read for the first time.

Tunheim moved that S. F. No. 2966 and H. F. No. 2983, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8488

S. F. No. 2631, A bill for an act relating to human services; modifying several provisions related to the Minnesota family investment program-statewide (MFIP-S); amending local service unit plans; amending Minnesota Statutes 1996, section 268.88; Minnesota Statutes 1997 Supplement, sections 119B.01, subdivision 16; 256B.0635, by adding a subdivision; 256J.31, by adding a subdivision; 256J.42, by adding a subdivision; 256J.45, subdivision 2; 256J.50, by adding a subdivision; 256J.515; and 256J.52, subdivisions 2, 3, 4, and by adding a subdivision.

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

S. F. No. 2099, A bill for an act relating to crimes; lowering alcohol concentration limit for repeat DWI offenders operating a motor vehicle or hunting from 0.10 to 0.08; providing for an alcohol concentration limit of 0.08 for all offenders if a federal law is enacted requiring the 0.08 limit; amending Minnesota Statutes 1996, sections 97B.065, subdivision 1; 97B.066, subdivision 1; 169.123, subdivisions 2 and 5a; 192A.555; and 609.21, subdivisions 1, 2, 2a, 2b, 3, 4, 4a, and 5; Minnesota Statutes 1997 Supplement, sections 169.121, subdivisions 1, 2, 3, and 3b; 169.1217, subdivision 1; and 169.123, subdivisions 1, 4, and 6.

The bill was read for the first time.

Entenza moved that S. F. No. 2099 and H. F. No. 2389, now on Technical General Orders, be referred to the Chief Clerk for comparison. 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:

H. F. No. 3042; and S. F. Nos. 1169, 2493, 330 and 154.

SPECIAL ORDERS

H. F. No. 3042 was reported to the House.

There being no objection, H. F. No. 3042 was temporarily laid over on Special Orders.

CALL OF THE HOUSE

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

Abrams Erickson Kielkucki Milbert Rest Sykora
Anderson, B. Evans Knight Molnau Reuter Tingelstad

Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8489
Anderson, I. Finseth Knoblach Mullery Rhodes Tomassoni
Bettermann Goodno Koskinen Munger Rifenberg Tompkins
Biernat Greiling Kraus Murphy Rostberg Trimble
Boudreau Gunther Krinkie Ness Rukavina Tuma
Bradley Haas Kubly Nornes Schumacher Tunheim
Broecker Harder Kuisle Olson, E. Seagren Van Dellen
Carlson Hasskamp Larsen Olson, M. Seifert Vandeveer
Chaudhary Hilty Leighton Opatz Sekhon Weaver
Clark, J. Holsten Leppik Osskopp Skare Wenzel
Daggett Huntley Lieder Osthoff Skoglund Westfall
Davids Jefferson Lindner Ozment Slawik Westrom
Dawkins Jennings Long Paulsen Smith Winter
Dehler Johnson, A. Macklin Pawlenty Solberg Wolf
Delmont Johnson, R. Mares Paymar Stanek Workman
Dempsey Juhnke Marko Pelowski Stang Spk. Carruthers
Dorn Kahn McCollum Peterson Sviggum
Entenza Kalis McGuire Pugh 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.

S. F. No. 1169 was reported to the House.

Hasskamp moved to amend S. F. No. 1169 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [TITLE.]

This act shall be called the "Personal Watercraft Safety and Courtesy Act."

Sec. 2. Minnesota Statutes 1996, section 86B.005, is amended by adding a subdivision to read:

Subd. 16b. [SLOW SPEED.] "Slow speed" means operation of a watercraft at a leisurely speed, less than a planing speed, where the wake or wash created by the watercraft is minimal.

Sec. 3. Minnesota Statutes 1996, section 86B.313, subdivision 1, is amended to read:

Subdivision 1. [GENERAL REQUIREMENTS.] In addition to requirements of other laws relating to watercraft, it is unlawful to operate or to permit the operation of a personal watercraft:

(1) without each person on board the personal watercraft wearing a United States Coast Guard approved Type I, II, III, or V personal flotation device;

(2) between sunset 7:00 p.m. and 8:00 10:00 a.m.;

(3) at greater than slow-no wake speed within 100 200 feet of:

(i) a shoreline,;

(ii) a dock,;

(iii) a swimmer, or;

(iv) a raft used for swimming or diving raft; or

(v) a moored, anchored, or nonmotorized watercraft at greater than slow-no wake speed;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified accessory mirrors that give the operator a wide field of vision to the rear;


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8490

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within 100 200 feet of the other watercraft, or operating the watercraft while facing backwards; or

(10) in any other manner that is not reasonable and prudent.

Sec. 4. Minnesota Statutes 1996, section 86B.313, is amended by adding a subdivision to read:

Subd. 5. [CITIZEN COMPLAINTS; NUISANCE.] (a) An owner of lakeshore in this state, or a renter or guest of a lakeshore owner, may register a complaint for appropriate action with a local law enforcement officer if any personal watercraft is operated in one specific area of a lake for more than 30 consecutive minutes or violates a local noise ordinance.

(b) Operation of a personal watercraft in one specific area of a lake for more than 30 consecutive minutes is a public nuisance under section 609.74.

Sec. 5. [86B.3135] [PERSONAL WATERCRAFT RESTRICTIONS.]

Subdivision 1. [PROHIBITION.] A personal watercraft shall not be operated at a speed greater than slow speed in:

(1) a state wildlife management lake designated under section 97A.101; or

(2) a portion of a river designated under section 103F.325, Minnesota Rules, chapter 6105, or United States Code, title 16, section 127, et seq., as amended, with the following exceptions:

(i) the St. Croix river; and

(ii) the Mississippi river.

Subd. 2. [VIOLATION.] A personal watercraft operator shall not be penalized for violation of this section unless the public accesses to the body of water upon which the violation occurs are posted with a notice of the prohibition under subdivision 1 at the time of the violation.

Sec. 6. [86B.3136] [CIVIL PENALTIES.]

Subdivision 1. [VIOLATIONS.] Any of the following acts constitutes a civil violation:

(1) operation of a personal watercraft for more than 30 continuous minutes within 200 feet of an occupied shoreline, with a penalty of $75 for the first violation and $100 for the second and each subsequent violation;

(2) operation of a personal watercraft at times, locations, or in a manner other than allowed by law, rule, or ordinance, with a penalty of $50 for the first violation and $75 for the second and each subsequent violation;

(3) operation of a personal watercraft in a "slow-no wake" zone, within 200 feet of shore, or in any other regulated zone in excess of allowable speed, with a penalty of $50 for the first violation and $75 for the second and each subsequent violation; and


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8491

(4) operation of a personal watercraft following cancellation of the personal watercraft certificate, with a penalty of $500 for the first violation and $1,000 for the second and each subsequent violation.

Subd. 2. [OTHER PENALTIES.] Issuance of a civil penalty does not eliminate any other penalty or sanction provided by law, rule, or ordinance, except that a single course of conduct may result in either criminal or civil sanctions but not both.

Subd. 3. [PAYMENT.] Civil penalties shall be payable to the commissioner of natural resources within 30 days. Funds derived from civil penalties shall be deposited in the water recreation account of the natural resources fund.

Subd. 4. [APPEALS.] Civil penalties may be appealed provided a written appeal is filed with the commissioner of natural resources within 15 days of the issuance of the civil penalty demand. Appeal procedures shall be pursuant to section 116.072, subdivision 6. If a hearing is not requested within the 15-day period, the citation becomes a final order not subject to further review.

Subd. 5. [AUTHORITY TO ISSUE.] Civil citations under this section may be issued by all peace officers. The authority to issue civil citations is in addition to other remedies available under law, rule, or ordinance, except that a peace officer may not seek both criminal and civil penalties for the same incident.

Subd. 6. [ENFORCEMENT; REVOCATION.] Civil citations may be enforced under section 116.072, subdivision 9. If a person fails to pay a penalty owed under this section, the person's personal watercraft certificate is revoked until the penalty is paid and the person is notified in writing by the commissioner that the person may resume operation of a personal watercraft.

Sec. 7. [86B.314] [RESTRICTIONS; LOCAL AUTHORITY.]

(a) No personal watercraft may be operated on a lake in the state that is 200 acres or less, as designated by the commissioner.

(b) Personal watercraft operation is banned on lakes between 100 and 200 acres, as designated by the commissioner, if:

(1) a local unit of government where the lake is located passes an affirmative resolution;

(2) at least two-thirds of a lake's shoreland owners sign a petition that is affirmed by the local unit of government where the lake is located; or

(3) the commissioner makes a determination that it is necessary to protect natural environment lakes, or where personal watercraft use is deemed a public nuisance under section 609.74.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 6 are effective May 1, 1998. Section 7 is effective January 1, 1999."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Hasskamp moved to amend S. F. No. 1169, as amended, as follows:

Page 4, line 29, delete "200" and insert "100"

The motion prevailed and the amendment was adopted.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8492

Hasskamp moved to amend S. F. No. 1169, as amended, as follows:

Page 3, line 21, after "occupied" insert "lake"

The motion prevailed and the amendment was adopted.

Tunheim moved to amend S. F. No. 1169, as amended, as follows:

Pages 4 and 5, delete section 7

A roll call was requested and properly seconded.

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

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

There were 96 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Kielkucki Mares Pugh Sykora
Anderson, B. Dorn Knight Marko Rest Tingelstad
Anderson, I. Erickson Knoblach McElroy Reuter Tomassoni
Bakk Finseth Koskinen Molnau Rhodes Tompkins
Bettermann Folliard Kraus Mulder Rifenberg Tuma
Bishop Goodno Krinkie Murphy Rostberg Tunheim
Boudreau Gunther Kubly Ness Rukavina Van Dellen
Bradley Haas Kuisle Nornes Schumacher Vandeveer
Broecker Harder Larsen Olson, E. Seagren Weaver
Carlson Holsten Leighton Olson, M. Seifert Wenzel
Clark, J. Jefferson Leppik Osskopp Slawik Westfall
Commers Jennings Lieder Ozment Smith Westrom
Daggett Johnson, R. Lindner Paulsen Stanek Winter
Davids Juhnke Long Pawlenty Stang Wolf
Dehler Kalis Macklin Pelowski Sviggum Workman
Delmont Kelso Mahon Peterson Swenson, H. Spk. Carruthers

Those who voted in the negative were:

Biernat Evans Hilty Mariani Orfield Skoglund
Chaudhary Farrell Huntley McCollum Osthoff Solberg
Clark, K. Greenfield Jaros McGuire Otremba, M. Trimble
Dawkins Greiling Johnson, A. Mullery Paymar Wejcman
Entenza Hasskamp Kahn Munger Sekhon
Erhardt Hausman Kinkel Opatz Skare

The motion prevailed and the amendment was adopted.

Hasskamp moved that S. F. No. 1169, as amended, be returned to General Orders. The motion prevailed.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8493

H. F. No. 3042 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Jennings moved that H. F. No. 3042 be temporarily laid over on Special Orders. The motion prevailed.

S. F. No. 2493 was reported to the House.

McGuire moved to amend S. F. No. 2493 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 3389, the first engrossment:

"Section 1. Minnesota Statutes 1996, section 299A.61, is amended by adding a subdivision to read:

Subd. 3. [LIMIT ON LIABILITY OF FINANCIAL INSTITUTIONS.] A financial institution that provides or reasonably attempts to provide stolen, forged, or fraudulent check information for use by the crime alert network or law enforcement agencies investigating a crime is not liable to any person for disclosing the information, provided that the financial institution is acting in good faith."

The motion prevailed and the amendment was adopted.

S. F. No. 2493, A bill for an act relating to civil actions; limiting liability of financial institutions providing data for the criminal alert network; amending Minnesota Statutes 1996, section 299A.61, 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.

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

There were 128 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams Entenza Juhnke Marko Pelowski Sykora
Anderson, B. Erhardt Kahn McCollum Peterson Tingelstad
Anderson, I. Erickson Kalis McElroy Pugh Tomassoni
Bakk Evans Kelso McGuire Rest Tompkins

Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8494
Bettermann Farrell Kielkucki Milbert Reuter Trimble
Biernat Finseth Kinkel Molnau Rhodes Tuma
Bishop Folliard Knoblach Mulder Rifenberg Tunheim
Boudreau Goodno Koskinen Mullery Rostberg Van Dellen
Bradley Greenfield Kraus Munger Rukavina Vandeveer
Broecker Greiling Krinkie Murphy Schumacher Weaver
Carlson Gunther Kubly Ness Seagren Wejcman
Chaudhary Haas Kuisle Nornes Seifert Wenzel
Clark, J. Harder Larsen Olson, E. Sekhon Westfall
Clark, K. Hasskamp Leighton Olson, M. Skare Westrom
Commers Hilty Leppik Opatz Skoglund Winter
Daggett Holsten Lieder Orfield Slawik Wolf
Davids Huntley Lindner Osskopp Smith Workman
Dawkins Jaros Long Osthoff Solberg Spk. Carruthers
Dehler Jefferson Macklin Otremba, M. Stanek
Delmont Jennings Mahon Ozment Stang
Dempsey Johnson, A. Mares Paulsen Sviggum
Dorn Johnson, R. Mariani Pawlenty Swenson, H.

Those who voted in the negative were:

Knight

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

S. F. No. 330, A bill for an act relating to civil actions; providing limits on liability of certain private corrections treatment facilities that receive patients under court or administrative order; proposing coding for new law in Minnesota Statutes, chapter 604A.

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.

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

There were 127 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Jefferson Knight Osthoff Spk. Carruthers

The bill was passed and its title agreed to.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8495

S. F. No. 154, A bill for an act relating to civil actions; limiting liability for injury related to certain food donations to the state and political subdivisions; amending Minnesota Statutes 1996, section 604A.10, 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.

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

There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 3042 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Jennings moved to amend H. F. No. 3042, the first engrossment, as follows:

Page 1, line 2, delete "telecommunications" and insert "regulated industries"

Page 2, after line 31, insert:

"Sec. 3. Minnesota Statutes 1997 Supplement, section 237.072, is amended to read:

237.072 [LIMITATION ON RATE CHANGES.]

(a) After December 15, 1997, the commission, notwithstanding any provision to the contrary, shall not allow an incumbent telephone company with more than 1,000,000 access lines in Minnesota to change its retail rates for telecommunications services without a determination of its revenue requirement pursuant to section 237.075 unless the incumbent telephone company is regulated pursuant to sections 237.76 to 237.773.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8496

(b) If, prior to December 15, 1997, the incumbent telephone company petitions the commission to become subject to an alternative regulation plan under sections 237.76 to 237.773, paragraph (a) shall not apply to the petitioning company until 180 270 days after the date of the filing of the petition.

Sec. 4. Minnesota Statutes 1997 Supplement, section 237.163, subdivision 8, is amended to read:

Subd. 8. [UNIFORM STATEWIDE STANDARDS.] (a) To ensure the safe and convenient use of public rights-of-way in the state, the public utilities commission shall develop and adopt by March 1, 1998 June 1, 1999, statewide construction standards for the purposes of achieving substantial statewide uniformity in construction standards where appropriate, providing competitive neutrality among telecommunications right-of-way users, and permitting efficient use of technology. The standards shall govern:

(1) the terms and conditions of right-of-way construction, excavation, maintenance, and repair; and

(2) the terms and conditions under which telecommunications facilities and equipment are placed in the public right-of-way.

(b) The public utilities commission is authorized to review, upon complaint by an aggrieved telecommunications right-of-way user, a decision or regulation by a local government unit that is alleged to violate a statewide standard.

(c) A local unit of government may not adopt an ordinance or other regulation that conflicts with a standard adopted by the commission for the purposes described in paragraph (a).

Sec. 5. Minnesota Statutes 1996, section 237.295, is amended to read:

237.295 [ASSESSMENT OF REGULATORY EXPENSES.]

Subdivision 1. [PAYMENT FOR INVESTIGATIONS.] (a) Whenever the department or commission, in a proceeding upon its own motion, on complaint, or upon an application to it, considers it necessary, in order to carry out the duties imposed on it, to investigate the books, accounts, practices, and activities of, or make appraisals of the property of, a telephone any company, or to render engineering or accounting services to a telephone company, the telephone company parties to the proceeding shall pay the expenses reasonably attributable to the investigation, appraisal, or service proceeding. The department and commission shall ascertain the expenses, and the department shall render a bill for those expenses to the telephone company parties, either at the conclusion of the investigation, appraisal, or services, or from time to time during its progress proceeding. The department is authorized to submit billings to parties at intervals selected by the department during the course of a proceeding.

(b) The allocation of costs may be adjusted for cause by the commission during the course of the proceeding, or upon the closing of the docket and issuance of an order. In addition to the rights granted in subdivision 3, parties to a proceeding may object to the allocation at any time during the proceeding. Withdrawal by a party to a proceeding does not absolve the party from paying allocated costs as determined by the commission. The commission may decide that a party should not pay any allocated costs of the proceeding.

(c) The bill constitutes notice of the assessment and a demand for payment. The amount of the bills assessed by the department under this subdivision must be paid by the telephone company parties into the state treasury within 30 days from the date of assessment. The total amount, in a calendar year, for which a telephone company may become liable, by reason of costs incurred by the department and commission within that calendar year, may not exceed two-fifths of one percent of the gross jurisdictional operating revenue of the telephone company in the last preceding calendar year. Direct charges may be assessed without regard to this limitation until the gross jurisdictional operating revenue of the telephone company for the preceding calendar year has been reported for the first time. Where, under this subdivision, costs are incurred within a calendar year that are in excess of two-fifths of one percent of the gross jurisdictional operating revenues, the excess costs are not chargeable as part of the remainder under subdivision 2, but must be paid out of the general appropriation of the department.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8497

(d) Except as otherwise provided in paragraph (e), for purposes of assessing the cost of a proceeding to a party, "party" means any entity or group subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political, such as a business or commercial enterprise organized as any type or combination of corporation, limited liability company, partnership, limited liability partnership, proprietorship, association, cooperative, joint venture, carrier, or utility, and any successor or assignee of any of them; a social or charitable organization; and any type or combination of political subdivision, which includes the executive, judicial, or legislative branch of the state, a local government unit, an agency of the state or a local government unit, or a combination of any of them.

(e) For assessment and billing purposes, "party" does not include the department of public service or the residential utilities division of the office of attorney general; any entity or group instituted primarily for the purpose of mutual help and not conducted for profit; intervenors awarded compensation under section 237.075, subdivision 10; or any individual or group or counsel for the individual or group representing the interests of end users or classes of end users of services provided by telephone companies or telecommunications carriers, as determined by the commission.

Subd. 2. [ASSESSMENT OF COSTS.] The department and commission shall quarterly, at least 30 days before the start of each quarter, estimate the total of their expenditures in the performance of their duties relating to telephone companies, other than amounts chargeable to telephone companies under subdivision 1, 5, or 6. The remainder must be assessed by the department to the telephone companies operating in this state in proportion to their respective gross jurisdictional operating revenues during the last calendar year. The assessment must be paid into the state treasury within 30 days after the bill has been mailed to the telephone companies. The bill constitutes notice of the assessment and demand of payment. The total amount that may be assessed to the telephone companies under this subdivision may not exceed one-eighth of one percent of the total gross jurisdictional operating revenues during the calendar year. The assessment for the third quarter of each fiscal year must be adjusted to compensate for the amount by which actual expenditures by the commission and department for the preceding fiscal year were more or less than the estimated expenditures previously assessed. A telephone company with gross jurisdictional operating revenues of less than $5,000 is exempt from assessments under this subdivision.

Subd. 3. [OBJECTIONS.] Within 30 days after the date of the mailing of any bill as provided by subdivisions 1 and, 2, 5, and 6, the telephone company parties to the proceeding, against which the bill has been assessed, may file with the commission objections setting out the grounds upon which it is claimed the bill is excessive, erroneous, unlawful, or invalid. The commission shall within 60 days provide for a contested case hearing and issue an order in accordance with its findings. The order shall be appealable in the same manner as other final orders of the commission.

Subd. 4. [INTEREST IMPOSED.] The amounts assessed against any telephone company or other party that is not paid after 30 days after the mailing of a notice advising the telephone company or other party of the amount assessed against it, shall draw interest at the rate of six percent per annum, and upon failure to pay the assessment the attorney general shall proceed by action in the name of the state against the telephone company or other party to collect the amount due, together with interest and the cost of the suit.

Subd. 5. [ADMINISTRATIVE HEARING COSTS; APPROPRIATION.] Any amounts billed to the commission or the department by the office of administrative hearings for telephone contested case hearings held pursuant to section 237.25 shall be assessed by the commissioner or the department against the telephone company parties to the proceeding. The assessment shall be paid into the state treasury within 30 days after a bill, which constitutes notice of the assessment and demand for payment of it, has been mailed to the telephone company parties. Money received shall be credited to a special account and is appropriated to the commissioner or the department for payment to the office of administrative hearings.

Subd. 6. [EXTENDED AREA SERVICE BALLOTING ACCOUNT; APPROPRIATION.] The extended area service balloting account is created as a separate account in the special revenue fund in the state treasury. The commission shall render separate bills to telephone companies only for direct balloting costs incurred by the commission under section 237.161. The bill constitutes notice of the assessment and demand of payment. The amount of a bill assessed by


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8498

the commission under this subdivision must be paid by the telephone company into the state treasury within 30 days from the date of assessment. Money received under this subdivision must be credited to the extended area service balloting account and is appropriated to the commission."

Page 11, line 29, after the second comma insert "3, 4," and after "effective" insert "the day"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 3042, A bill for an act relating to telecommunications; modifying certain provisions of power purchase contracts and biomass fuel exemptions; providing additional antislamming and disclosure requirements on long-distance service providers; clarifying requirements relating to notification of price increases; requiring provision of international toll blocking; amending Minnesota Statutes 1996, sections 216B.2424, subdivision 3; 237.66, subdivisions 1a, 3, and by adding subdivisions; 237.74, subdivision 6, and by adding a subdivision; and 325F.692, subdivision 1; Minnesota Statutes 1997 Supplement, section 216B.1645; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 1996, section 325F.692, subdivision 8; Minnesota Statutes 1997 Supplement, section 237.66, subdivision 1b.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8499

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10 Solberg requested immediate consideration of H. F. No. 2970.

H. F. No. 2970 was reported to the House.

Krinkie moved to amend H. F. No. 2970, the second engrossment, as follows:

Page 50, after line 3, insert:

"Article 9

Police and Fire

Section 1. Minnesota Statutes 1996, section 353.65, subdivision 2, is amended to read:

Subd. 2. The employee contribution is an amount equal to 7.6 6.08 percent of the total salary of the member. This contribution must be made by deduction from salary in the manner provided in subdivision 4. Where any portion of a member's salary is paid from other than public funds, the member's employee contribution is based on the total salary received from all sources.

Sec. 2. Minnesota Statutes 1996, section 353.65, subdivision 3, is amended to read:

Subd. 3. The employer contribution shall be an amount equal to 11.4 9.13 percent of the total salary of every member. This contribution shall be made from funds available to the employing subdivision by the means and in the manner provided in section 353.28.

Sec. 3. Minnesota Statutes 1996, section 423A.02, subdivision 1b, is amended to read:

Subd. 1b. [ADDITIONAL AMORTIZATION STATE AID.] (a) Annually, on October 1, the commissioner of revenue shall allocate the additional amortization state aid transferred under section 69.021, subdivision 11, to:

(1) all police or salaried firefighter relief associations governed by and in full compliance with the requirements of section 69.77, that had an unfunded actuarial accrued liability in the actuarial valuation prepared under sections 356.215 and 356.216 as of the preceding December 31; and

(2) all local police or salaried firefighter consolidation accounts governed by chapter 353A that are certified by the executive director of the public employees retirement association as having for the current fiscal year an additional municipal contribution amount under section 353A.09, subdivision 5, paragraph (b), and that have implemented section 353A.083, subdivision 1, if the effective date of the consolidation preceded May 24, 1993, and that have implemented section 353A.083, subdivision 2, if the effective date of the consolidation preceded June 1, 1995.

(b) Subject to the limit in paragraph (c), the commissioner shall allocate the state aid on the basis of the proportional share of the relief association or consolidation account of the total unfunded actuarial accrued liability of all recipient relief associations and consolidation accounts as of December 31, 1993, for relief associations, and as of June 30, 1994, for consolidation accounts.

(c) The additional amortization state aid payable to any relief association or consolidation account may not exceed the amount that the relief association or consolidation account received in additional amortization aid on October 1, 1997. Any amount of additional amortization aid in excess of this maximum cancels to the general fund.


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8500

Sec. 4. [REPEALER.]

Minnesota Statutes, section 353.65, subdivision 3a, is repealed."

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 22 yeas and 110 nays as follows:

Those who voted in the affirmative were:

Abrams Commers Kahn Lindner Pawlenty Van Dellen
Anderson, B. Dehler Kielkucki Mulder Reuter Westrom
Bishop Erickson Knight Olson, M. Seifert
Broecker Holsten Krinkie Paulsen Sykora

Those who voted in the negative were:

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

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

Kraus moved to amend H. F. No. 2970, the second engrossment, as follows:

Pages 41 and 42, delete sections 6 and 7

Page 42, line 27, delete "7" and insert "5"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


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

Pursuant to rule 2.05, the Speaker excused Pawlenty from voting on the Kraus amendment to H. F. No. 2970, the second engrossment. There were 51 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erickson Knoblach Nornes Seagren Tuma
Bettermann Finseth Kraus Olson, M. Seifert Van Dellen
Boudreau Gunther Krinkie Osskopp Stanek Vandeveer
Broecker Haas Kuisle Osthoff Stang Westfall
Clark, J. Harder Larsen Otremba, M. Sviggum Westrom
Commers Holsten Lindner Paulsen Swenson, H. Workman
Daggett Jennings McElroy Reuter Sykora
Davids Kielkucki Molnau Rifenberg Tingelstad
Dehler Knight Mulder Rostberg Tompkins

Those who voted in the negative were:

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

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

H. F. No. 2970, A bill for an act relating to retirement; various retirement plans; adjusting pension coverage for certain privatized public hospital employees; providing for voluntary deduction of health insurance premiums from certain annuities; providing for increased survivor benefits relating to certain public employees murdered in the line of duty; authorizing certain service credit purchases; specifying prior service credit purchase payment amount determination procedures increasing salaries of various judges; modifying other judicial salaries; modifying the judges retirement plan member and employer contribution rates; authorizing the transfer of certain prior retirement contributions from the legislators retirement plan and from the elective state officers retirement plan; creating a contribution transfer account in the general fund of the state; appropriating money; reformulating the Columbia Heights volunteer firefighters relief association plan as a defined contribution plan under the general volunteer fire law; restructuring the Columbia Heights volunteer firefighter relief association board; modifying various higher education retirement plan provisions; modifying administrative expense provisions for various public pension plans; expanding the teacher retirement plans part-time teaching positions eligible to participate in the qualified full-time service credit for part-time teaching service program; making certain Minneapolis fire department relief association survivor benefit options retroactive; providing increased disability benefit coverage for certain local government correctional facility employees; increasing local government correctional employee and employer contribution rates; providing increased survivor benefits to certain Minneapolis employee retirement fund survivors; authorizing certain Hennepin county regional park employees to change retirement plan membership; modifying benefit


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8502

increase provision for Eveleth police and firefighters; modifying the length of the actuarial services contract of the legislative commission on pensions and retirement; modifying the scope of quadrennial projection valuations; amending Minnesota Statutes 1996, sections 3A.13; 136F.45, by adding a subdivision; 136F.48; 352.96, subdivision 4; 352D.09, subdivision 7; 352D.12; 353D.05, subdivision 3; 354.445; 354.66, subdivisions 2 and 3; 354A.094, subdivisions 2 and 3; 354B.23, by adding a subdivision; 354C.12, by adding a subdivision; 383B.52; 422A.23, subdivision 2; and 490.123, subdivisions 1a and 1b; Minnesota Statutes 1997 Supplement, sections 3.85, subdivision 11; 15A.083, subdivisions 5, 6a, and 7; 354B.25, subdivisions 1a and 5; 354C.12, subdivision 4; and 356.215, subdivision 2; Laws 1995, chapter 262, article 10, section 1; and Laws 1997, Second Special Session chapter 3, section 16; proposing new law for coding in Minnesota Statutes, chapter 356; repealing Minnesota Statutes 1996, sections 11A.17, subdivisions 10a and 14; and 352D.09, subdivision 8; Minnesota Statutes 1997 Supplement, section 136F.45, subdivision 3.

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.

Pursuant to rule 2.05, the Speaker excused Pawlenty from voting on H. F. No. 2970.

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

There were 90 yeas and 40 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Farrell Juhnke Mariani Paymar Stanek
Bakk Folliard Kahn Marko Pelowski Swenson, H.
Bettermann Goodno Kalis McCollum Peterson Tingelstad
Biernat Greenfield Kelso McGuire Pugh Tomassoni
Bishop Greiling Kinkel Milbert Rest Tompkins
Carlson Gunther Koskinen Mulder Rhodes Trimble
Chaudhary Hasskamp Kubly Mullery Rostberg Tuma
Clark, K. Hausman Larsen Munger Rukavina Tunheim
Dawkins Hilty Leighton Murphy Schumacher Wagenius
Delmont Holsten Leppik Ness Sekhon Weaver
Dempsey Huntley Lieder Nornes Skare Wejcman
Dorn Jefferson Long Olson, E. Skoglund Wenzel
Entenza Jennings Macklin Opatz Slawik Winter
Erhardt Johnson, A. Mahon Orfield Smith Wolf
Evans Johnson, R. Mares Ozment Solberg Spk. Carruthers

Those who voted in the negative were:

Abrams Daggett Kielkucki McElroy Reuter Van Dellen
Anderson, B. Davids Knight Molnau Rifenberg Vandeveer
Boudreau Dehler Knoblach Olson, M. Seagren Westfall
Bradley Erickson Kraus Osskopp Seifert Westrom
Broecker Finseth Krinkie Osthoff Stang Workman
Clark, J. Haas Kuisle Otremba, M. Sviggum
Commers Harder Lindner Paulsen Sykora

The bill was passed and its title agreed to.

GENERAL ORDERS

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


Journal of the House - 94th Day - Wednesday, March 18, 1998 - Top of Page 8503

MOTIONS AND RESOLUTIONS

Otremba, M., moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 17, 1998, when the vote was taken on the Sekhon amendment to S. F. No. 726, as amended." The motion prevailed.

Kelso moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 17, 1998, when the vote was taken on the final passage of S. F. No. 2861." The motion prevailed.

Skoglund moved that H. F. No. 3839 be recalled from the Committee on Judiciary and be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.

Solberg moved that H. F. No. 3064, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1378:

McGuire, Macklin and Skoglund.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2276:

Dawkins, Leighton, Biernat, Larsen and Bishop.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3346:

Greenfield, Wejcman, Winter, Bradley and Goodno.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Thursday, March 19, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Thursday, March 19, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives


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