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 Captain Dale Sherod, the Salvation Army, St. Paul, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Luther and Olson, M., were excused.

Pelowski was excused until 11:30 a.m. Farrell was excused until 1:10 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Tompkins moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

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. 3042, A bill for an act relating to regulated industries; modifying certain provisions of power purchase contracts and biomass fuel exemptions; lengthening exemption period for large telephone company to change rates; modifying provisions for public utilities commission to assess costs of certain proceedings; 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; 237.295; 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, sections 216B.1645; 237.072; and 237.163, subdivision 8; 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.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

S. F. No. 2445.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.

Patrick E. Flahaven, Secretary of the Senate

A bill for an act relating to public safety; regulating excavation notice system; authorizing commissioner of public safety to appoint pipeline safety committee; increasing civil penalty; amending Minnesota Statutes 1996, sections 216D.04, subdivisions 1, 3, and by adding a subdivision; 216D.05; and 216D.08, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 299J; repealing Minnesota Statutes 1996, section 299J.06.

March 18, 1998

The Honorable Allan H. Spear

President of the Senate

The Honorable Phil Carruthers

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 2445, report that we have agreed upon the items in dispute and recommend as follows:

That the House recede from its amendment and that S. F. No. 2445 be further amended as follows:

Page 5, line 32, delete everything after "15.059 "

Page 5, delete line 33

Page 5, line 34, delete everything before the period

We request adoption of this report and repassage of the bill.

Senate Conferees: Steven G. Novak, Mark Ourada and Dave Johnson.

House Conferees: Dennis Ozment, Loren Jennings and Phyllis Kahn.

Ozment moved that the report of the Conference Committee on S. F. No. 2445 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 2445, A bill for an act relating to public safety; regulating excavation notice system; authorizing commissioner of public safety to appoint pipeline safety committee; increasing civil penalty; amending Minnesota Statutes 1996, sections 216D.04, subdivisions 1, 3, and by adding a subdivision; 216D.05; and 216D.08, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 299J; repealing Minnesota Statutes 1996, section 299J.06.

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

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

The bill was repassed, as amended by Conference, and its title agreed to.

Mr. Speaker:

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

S. F. No. 2050.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2050, A bill for an act relating to health; modifying provisions governing advance health care directives; combining laws governing living wills and durable power of attorney for health care; amending Minnesota Statutes 1996, sections 144.335, subdivision 1; 145C.01, subdivisions 2, 3, 4, 8, and by adding subdivisions; 145C.02; 145C.03; 145C.04; 145C.05, subdivisions 1 and 2; 145C.06; 145C.07; 145C.08; 145C.09; 145C.10; 145C.11; 145C.12; 145C.13, subdivision 1; 145C.15; 525.55, subdivisions 1 and 2; 525.551, subdivisions 1 and 5; 525.9212; and 609.215, subdivision 3; Minnesota Statutes 1997 Supplement, sections 149A.80, subdivision 2; 253B.04, subdivision 1a; 253B.07, subdivision 1; and 253B.092, subdivisions 2 and 6; proposing coding for new law in Minnesota Statutes, chapters 145B; and 145C.

The bill was read for the first time.

Bishop moved that S. F. No. 2050 and H. F. No. 2521, now laid on the table, be referred to the Chief Clerk for comparison. The motion prevailed.

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

S. F. No. 2718.

S. F. No. 2718 was reported to the House.

Clark, K., moved to amend S. F. No. 2718 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 3064, the third engrossment:

"Section 1. Minnesota Statutes 1996, section 237.69, subdivision 5, is amended to read:

Subd. 5. [ACCESS LINE.] "Access line" means telephone company-owned facilities furnished to permit switched access to the telecommunications network that extend from a central office to the demarcation point on the property where the subscriber is served. The term "Access line" includes access lines provided to residential and business subscribers, includes centrex access lines on a trunk-equivalent basis, but and cellular and other nonwire access services or nonwire access line equivalents. "Access line" does not include private nonswitched or wide area telephone service access lines.

Sec. 2. Minnesota Statutes 1997 Supplement, section 237.70, subdivision 4a, is amended to read:

Subd. 4a. [HOUSEHOLDS ELIGIBLE ELIGIBILITY FOR CREDITS; INCORPORATING REVISED FEDERAL STANDARDS.] The telephone assistance plan must provide telephone assistance credit for a residential household in Minnesota that meets each of the following criteria:

(1) has a household member who:

(i) subscribes to local exchange service; and

(ii) is either disabled or 65 years of age or older;

(2) whose household income is 150 percent or less of federal poverty guidelines or is currently eligible for:

(i) aid to families with dependent children or Minnesota family investment program-statewide;

(ii) medical assistance;

(iii) general assistance;

(iv) Minnesota supplemental aid;

(v) food stamps;

(vi) refugee cash assistance or refugee medical assistance;

(vii) energy assistance; or

(viii) supplemental security income; and

(3) who has been certified as eligible for telephone assistance plan credits.

Sec. 3. Minnesota Statutes 1996, section 237.70, is amended by adding a subdivision to read:

Subd. 4b. [ELIGIBILITY FOR CREDITS; EXISTING RECIPIENTS] A residential household in Minnesota that participated in the telephone assistance plan during the service provider's billing cycle immediately prior to the effective date of this act is entitled to receive continued telephone assistance credits, regardless of whether the household meets the criteria in subdivision 4a, provided the residential household currently meets the income criteria for:

(i) aid to families with dependent children or Minnesota family investment program-statewide;

(ii) medical assistance;

(iii) general assistance;

(iv) Minnesota supplemental aid;

(v) food stamps;

(vi) refugee cash assistance or refugee medical assistance;

(vii) energy assistance; or

(viii) supplemental security income.

Sec. 4. Minnesota Statutes 1997 Supplement, section 237.70, subdivision 7, is amended to read:

Subd. 7. [ADMINISTRATION.] The telephone assistance plan must be administered jointly by the commission, the department of human services, and the telephone companies in accordance with the following guidelines:

(a) For individuals that are not eligible for automatic enrollment under subdivision 8, the commission and the department of human services shall develop an application enrollment form that must be completed by the telephone service subscriber for the purpose of certifying eligibility for telephone assistance plan credits to the department of human services. The application completed enrollment form must contain the applicant's social security number. Applicants who refuse to provide a social security number will be denied telephone assistance plan credits. The application form must include provisions for the applicant to show the name of the applicant's telephone company. The application enrollment form must also advise the applicant to submit the required proof of age or disability, and income and must provide examples of

acceptable proof a copy or copies of federal or state tax information for the previous year demonstrating the applicant's total household income, or other documentation of income deemed acceptable by the department of human services. The application form must state that failure to submit proof this documentation with the application will result in the applicant being found ineligible. Each telephone company shall annually mail a notice of the availability of the telephone assistance plan to each residential subscriber in a regular billing and shall mail the application form to customers when requested.

The notice must state the following:

YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS. FOR MORE INFORMATION OR AN APPLICATION ENROLLMENT FORM PLEASE CONTACT . . . . . . .

(b) The department of human services shall determine the eligibility for telephone assistance plan credits at least annually according to the criteria contained in subdivision subdivisions 4a and 4b.

(c) An application The enrollment form may be made submitted by the telephone service subscriber, the subscriber's spouse, or a person authorized by the subscriber to act on the subscriber's behalf. On completing the application certifying that the statutory criteria for eligibility are satisfied enrollment form, the applicant must return the application form to an office of the department of human services specially designated to process telephone assistance plan applications enrollments. On receiving a completed application enrollment form and documentation demonstrating income eligibility from an applicant, the department of human services shall determine the applicant's eligibility or ineligibility within 120 days. If the department fails to do so, it shall within three working days provide written notice to the applicant's telephone company that the company shall provide telephone assistance plan credits against monthly charges in the earliest possible month following receipt of the written notice. The applicant must receive telephone assistance plan credits until the earliest possible month following the company's receipt of notice from the department that the applicant is ineligible enroll the applicant in the telephone assistance plan.

If the income documentation provided by the applicant does not demonstrate income eligibility for the telephone assistance plan, the department of human services determines shall determine that an the applicant is not eligible to receive telephone assistance plan credits, it and shall notify the applicant within ten working days of that determination.

Within ten working days of determining that an applicant is eligible to receive telephone assistance plan credits, the department of human services shall provide written notification to the telephone company that serves the applicant. The notice must include the applicant's name, address, and telephone number and the date enrolled in the telephone assistance program.

Each telephone company shall provide telephone assistance plan credits against monthly charges in the earliest possible month following receipt of notice from the department of human services.

By December 31 April 15 of each year, all enrollees, including those automatically enrolled under subdivision 8, shall provide the department of human services with updated income documentation. The department of human services shall review each enrollee's updated documentation and shall redetermine eligibility of each person receiving telephone assistance plan credits, as required in paragraph (b). The department of human services shall submit an annual report to the commission by January 15 of each year showing that the department has determined the eligibility for telephone assistance plan credits of each person receiving the credits or explaining why the determination has not been made and showing how and when the determination will be completed. Any enrollee who fails to provide regular updates of income documentation as required under this paragraph may be deemed ineligible for continued assistance.

If the department of human services determines that a current recipient of telephone assistance plan credits an enrollee's updated income information demonstrates that the enrollee is not eligible to receive the credits, it the department of human services shall notify, in writing, the recipient within ten working days and the telephone company serving the recipient within 20 working days of the determination. The notice must include the recipient's name, address, and telephone number.

Each telephone company shall remove telephone assistance plan credits against monthly charges in the earliest possible month following receipt of notice from the department of human services.

Each telephone company that disconnects a subscriber receiving the telephone assistance plan credit shall report the disconnection to the department of human services. The reports must be submitted monthly, identifying the subscribers disconnected. Telephone companies that do not disconnect a subscriber receiving the telephone assistance plan credit are not required to report.

If the telephone assistance plan credit is not itemized on the subscriber's monthly charges bill for local telephone service, the telephone company must notify the subscriber of the approval for the telephone assistance plan credit.

(d) The commission shall serve as the coordinator of the telephone assistance plan and be reimbursed for its administrative expenses from the surcharge revenue pool. As the coordinator, the commission shall:

(1) establish a uniform statewide surcharge in accordance with subdivision 6;

(2) establish a uniform statewide level of telephone assistance plan credit that each telephone company shall extend to each eligible household in its service area first participating in the telephone assistance plan on or after the effective date of this act;

(3) establish a statewide level of telephone assistance plan credit that each telephone company shall extend to each eligible household in its service area that was also a participant in the telephone assistance plan during the service provider's billing cycle immediately prior to the effective date of this act. The credit amount under this clause shall not be lower than the statewide level of telephone assistance plan credit the residential household was receiving during the billing cycle immediately prior to the effective date of this act unless a lower credit amount is required in a final order of the Federal Communications Commission;

(3) (4) require each telephone company to account to the commission on a periodic basis for surcharge revenues collected by the company, expenses incurred by the company, not to include expenses of collecting surcharges, and credits extended by the company under the telephone assistance plan;

(4) (5) require each telephone company to remit surcharge revenues to the department of administration for deposit in the fund; and

(5) (6) remit to each telephone company from the surcharge revenue pool the amount necessary to compensate the company for expenses, not including expenses of collecting the surcharges, and telephone assistance plan credits. When it appears that the revenue generated by the maximum surcharge permitted under subdivision 6 will be inadequate to fund any particular established level of telephone assistance plan credits, the commission shall reduce the credits to a level that can be adequately funded by the maximum surcharge. In making reductions pursuant to this clause, the commission shall not reduce the level of credit established pursuant to clause (3) below the minimum level required by that clause until no further reductions can be made to the level of credit established pursuant to clause (2). This requirement does not apply if a final order of the Federal Communications Commission requires the level of credit established pursuant to clause (3) to be identical to the level of credit established pursuant to clause (2). Similarly, the commission may increase the level of the telephone assistance plan credit that is available or reduce the surcharge to a level and for a period of time that will prevent an unreasonable overcollection of surcharge revenues.

(e) Each telephone company shall maintain adequate records of surcharge revenues, expenses, and credits related to the telephone assistance plan and shall, as part of its annual report or separately, provide the commission and the department of public service with a financial report of its experience under the telephone assistance plan for the previous year. That report must also be adequate to satisfy the reporting requirements of the federal matching plan.

(f) The department of public service shall investigate complaints against telephone companies with regard to the telephone assistance plan and shall report the results of its investigation to the commission.

Sec. 5. Minnesota Statutes 1996, section 237.70, is amended by adding a subdivision to read:

Subd. 8. [AUTOMATIC ENROLLMENT.] (a) In addition to those individuals participating in the telephone assistance plan immediately prior to the effective date of this subdivision, and those individuals that enroll in the telephone assistance plan under subdivision 7, the department of human services shall automatically enroll in the telephone assistance plan

persons for whom the data maintained in state automated information systems demonstrate eligibility for telephone assistance. For the purposes of this subdivision, "state automated information systems" means information systems operated and maintained by the departments of human services; children, families, and learning; and revenue for the purpose of providing public assistance.

(b) The department of human services shall automatically enroll eligible persons in the telephone assistance program on a random basis according to the following schedule:

(1) by July 1, 1999, one-third of the total number of persons eligible for automatic enrollment as of July 1, 1998;

(2) by July 1, 2000, two-thirds of that total; and

(3) by July 1, 2001, all persons eligible for automatic enrollment.

(c) The departments of human services; children, families, and learning; and revenue are authorized to share income information contained in state automated information systems for purposes consistent with this section.

Sec. 6. [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.

Sec. 7. [REPEALER.]

Minnesota Statutes 1996, section 237.69, subdivision 9, is repealed.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective the day following final enactment."

Delete the title and insert:

"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; requiring funding study and report; amending Minnesota Statutes 1996, sections 237.69, subdivision 5; and 237.70, by adding subdivisions; Minnesota Statutes 1997 Supplement, section 237.70, subdivisions 4a and 7; repealing Minnesota Statutes 1996, section 237.69, subdivision 9."

The motion prevailed and the amendment was adopted.

S. F. No. 2718, A bill for an act relating to telecommunications; amending the state telephone assistance program to match federal requirements; requiring the department of human services to automatically enroll eligible persons based on information in state information systems; regulating the TAP surcharge; requiring public utilities commission to develop and implement state universal service fund by December 31, 2000; changing authorized expenditures for the telephone assistance fund; amending Minnesota Statutes 1996, sections 237.70, subdivision 6, and by adding a subdivision; and 237.701, subdivision 1; Minnesota Statutes 1997 Supplement, section 237.70, subdivisions 4a and 7; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 1996, section 237.69, subdivision 9.

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 68 yeas and 63 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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.

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

H. F. No. 3841, A bill for an act relating to commerce; eliminating retroactive exemption from the franchise law of agreements between air carriers; amending Laws 1997, chapter 222, section 61.

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

The report was adopted.

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

S. F. No. 41, A bill for an act proposing an amendment to the Minnesota Constitution, article 1, by adding a section; affirming the right of citizens to hunt or take game and fish.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [CONSTITUTIONAL AMENDMENT PROPOSED.]

An amendment to the Minnesota Constitution, article XIII, is proposed to the people. If the amendment is adopted, the section will read as follows:

Sec. 12. The taking of game and fish is a valued part of our heritage, which shall be forever preserved, and this privilege shall be managed by law and regulation for the common good.

Sec. 2. [SUBMISSION TO VOTERS.]

The proposed amendment must be submitted to the people at the 1998 general election. The question submitted shall be:

"Shall the Minnesota Constitution be amended to declare that the taking of game and fish is a valued part of our heritage, which shall be forever preserved, and that this privilege shall be managed by law and regulation for the common good?

Yes .......

No ........""

Delete the title and insert:

"A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; confirming that the 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."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. No. 3841 was read for the second time.

S. F. No. 41 was read for the second time.

The following message was received from the Senate:

Mr. Speaker:

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

S. F. No. 3397.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 3397, A bill for an act relating to commerce; eliminating retroactive application of air carrier franchise exemption to pending litigation; amending Laws 1997, chapter 222, section 61.

The bill was read for the first time.

Entenza moved that S. F. No. 3397 and H. F. No. 3841, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

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

Pursuant to rule 1.10 Solberg requested immediate consideration of S. F. No. 2407.

S. F. No. 2407 was reported to the House.

Chaudhary moved to amend S. F. No. 2407, the unofficial engrossment, as follows:

Page 12, line 25, after the period insert: "A violation of this paragraph may not be entered on the person's driving record maintained under section 171.12."

Page 12, delete line 34 and insert "the person may not be issued a driver's license until twelve consecutive months have expired since the date of the violation, or the person reaches the age of 18 years, whichever occurs first."

Page 12, line 35, delete everything through the period

The motion prevailed and the amendment was adopted.

Chaudhary moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

Page 12, line 25, after the period insert: "A peace officer may not issue a citation to a driver for a violation of this paragraph, or for operating a motor vehicle without a valid license by reason of a violation of this paragraph, unless the officer lawfully stopped or detained the driver for a moving violation as described in paragraph (c)."

The motion prevailed and the amendment was adopted.

Paulsen, Rukavina, Stang, Tunheim, Davids, Bakk, Larsen, Broecker, Leighton, Bettermann, Tomassoni and McElroy moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

Page 11, line 35, delete everything after "(a)"

Delete page 11, line 36, to page 12, line 25

Page 12, line 26, delete "(b) "

Page 12, line 29, delete "(c)" and insert "(b)"

A roll call was requested and properly seconded.

The question was taken on the Paulsen et al amendment and the roll was called. There were 107 yeas and 22 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Chaudhary	Hasskamp	Koskinen	McGuire	Rhodes	Wejcman
Folliard	Hausman	Mariani	Molnau	Sekhon	Spk. Carruthers
Goodno	Kalis	Marko	Orfield	Skoglund
Greenfield	Kinkel	McCollum	Otremba, M.	Wagenius

The motion prevailed and the amendment was adopted.

Molnau, Chaudhary and Stanek moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

Page 9, after line 32, insert:

"(2) has completed the classroom phase of instruction in the driver education program;"

Page 9, line 33, delete "(2)" and insert "(3)"

Page 9, line 34, delete "(3)" and insert "(4)"

Page 9, line 36, delete "(4)" and insert "(5)"

Page 10, line 12, delete "(5)" and insert "(6) "

Page 20, after line 30, insert:

"Sec. 28. [RULE CHANGE.]

The commissioner shall amend Minnesota Rules, part 7411.0510, subpart 6, so that a person less than 18 years of age must complete the classroom phase of a driver education program before receiving an instruction permit. The amendment must be adopted pursuant to Minnesota Statutes, sections 14.22 to 14.28."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Seifert, Rifenberg, Solberg and Tomassoni moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

Page 10, delete lines 29 to 31

Page 10, line 32, delete "(c)" and insert "(b)"

Page 12, delete lines 26 to 28

Page 12, line 29, delete "(c)" and insert "(b)"

A roll call was requested and properly seconded.

The question was taken on the Seifert et al amendment and the roll was called. There were 74 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Abrams	Davids	Jefferson	Molnau	Seagren	Van Dellen
Anderson, B.	Dehler	Jennings	Mulder	Seifert	Vandeveer
Anderson, I.	Delmont	Kielkucki	Mullery	Smith	Weaver
Bakk	Dempsey	Knight	Nornes	Solberg	Wenzel
Bettermann	Erhardt	Knoblach	Osskopp	Stang	Westfall
Bishop	Erickson	Kraus	Osthoff	Sviggum	Westrom
Boudreau	Finseth	Krinkie	Paulsen	Swenson, H.	Winter
Bradley	Gunther	Kuisle	Pawlenty	Sykora	Wolf
Broecker	Haas	Larsen	Peterson	Tingelstad	Workman
Carlson	Harder	Leighton	Reuter	Tomassoni
Clark, J.	Holsten	Lindner	Rifenberg	Tompkins
Commers	Huntley	Mariani	Rukavina	Tuma
Daggett	Jaros	McElroy	Schumacher	Tunheim

Those who voted in the negative were:

Biernat	Greenfield	Kinkel	McCollum	Paymar	Stanek
Chaudhary	Greiling	Koskinen	McGuire	Pelowski	Trimble
Clark, K.	Hausman	Kubly	Munger	Pugh	Wagenius
Dawkins	Hilty	Leppik	Murphy	Rest	Wejcman
Journal of the House - 98th Day - Tuesday, March 24, 1998 - Top of Page 8610
Dorn	Johnson, A.	Lieder	Ness	Rhodes	Spk. Carruthers
Entenza	Johnson, R.	Long	Olson, E.	Rostberg
Evans	Juhnke	Macklin	Opatz	Sekhon
Folliard	Kahn	Mahon	Orfield	Skare
Garcia	Kalis	Mares	Otremba, M.	Skoglund
Goodno	Kelso	Marko	Ozment	Slawik

The motion prevailed and the amendment was adopted.

Dehler moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

Page 14, after line 30, insert:

"Sec. 16. Minnesota Statutes 1996, section 171.07, is amended by adding a subdivision to read:

Subd. 12. [FIREARMS SAFETY DESIGNATION.] (a) When an applicant presents a firearms safety certificate issued for successfully completing a firearms safety course administered under section 97B.015, voluntarily requests a driver's license or identification card described in paragraph (b), pays the required fees, and otherwise qualifies, the department shall issue, renew, or reissue to the applicant a driver's license or Minnesota identification card described in paragraph (b).

(b) Pursuant to paragraph (a), the department shall issue a driver's license or Minnesota identification card bearing a designation or symbolic representation, as designed by the commissioner in consultation with the commissioner of natural resources, indicating that the applicant has successfully completed a firearms safety course and is knowledgeable in firearms safety."

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 Dehler amendment and the roll was called. There were 91 yeas and 39 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Biernat	Folliard	Jaros	Mariani	Osthoff	Trimble
Chaudhary	Garcia	Jefferson	McCollum	Paymar	Wagenius
Clark, K.	Greenfield	Johnson, R.	McGuire	Rhodes	Wejcman
Dawkins	Greiling	Kinkel	Mullery	Seagren	Wolf
Journal of the House - 98th Day - Tuesday, March 24, 1998 - Top of Page 8611
Dorn	Hausman	Koskinen	Munger	Sekhon
Entenza	Hilty	Leppik	Olson, E.	Skoglund
Evans	Huntley	Lieder	Orfield	Stanek

The motion prevailed and the amendment was adopted.

Weaver moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

"Page 6, line 8, delete everything after "incurred" and insert "no convictions for violation of controlled substance or blood alcohol laws and not more than one conviction for a moving violation as described in section 171.055, subdivision 2, paragraph (c)."

Page 12, line 30, delete "free of"

Page 12, delete line 31, and insert "that contains not more than one conviction for a moving violation and no convictions for violation of"

A roll call was requested and properly seconded.

The question was taken on the Weaver amendment and the roll was called. There were 83 yeas and 47 nays as follows:

Those who voted in the affirmative were:

Abrams	Dawkins	Kelso	Mulder	Rhodes	Tomassoni
Anderson, B.	Dehler	Kielkucki	Mullery	Rifenberg	Tompkins
Anderson, I.	Delmont	Knight	Murphy	Rostberg	Trimble
Bakk	Dempsey	Kraus	Nornes	Rukavina	Tuma
Bettermann	Erhardt	Krinkie	Opatz	Schumacher	Tunheim
Bishop	Erickson	Kuisle	Osskopp	Seagren	Van Dellen
Boudreau	Finseth	Larsen	Osthoff	Seifert	Vandeveer
Bradley	Gunther	Leighton	Ozment	Smith	Weaver
Broecker	Haas	Lindner	Paulsen	Solberg	Westfall
Carlson	Harder	Macklin	Paymar	Stang	Westrom
Clark, J.	Hilty	Mariani	Pelowski	Sviggum	Winter
Commers	Holsten	Marko	Peterson	Swenson, H.	Wolf
Daggett	Jefferson	McElroy	Pugh	Sykora	Workman
Davids	Jennings	Molnau	Reuter	Tingelstad

Those who voted in the negative were:

Biernat	Goodno	Johnson, R.	Leppik	Ness	Skoglund
Chaudhary	Greenfield	Juhnke	Lieder	Olson, E.	Slawik
Clark, K.	Greiling	Kahn	Long	Orfield	Stanek
Dorn	Hasskamp	Kalis	Mahon	Otremba, M.	Wagenius
Entenza	Hausman	Kinkel	Mares	Pawlenty	Wejcman
Evans	Huntley	Knoblach	McCollum	Rest	Wenzel
Folliard	Jaros	Koskinen	McGuire	Sekhon	Spk. Carruthers
Garcia	Johnson, A.	Kubly	Munger	Skare

The motion prevailed and the amendment was adopted.

Stang and Rukavina moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

Page 10, delete lines 21 to 28

Page 10, line 29, delete "(b)" and insert "(a)"

Page 10, line 32, delete "(c)" and insert "(b)"

A roll call was requested and properly seconded.

The question was taken on the Stang and Rukavina amendment and the roll was called. There were 90 yeas and 39 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Kelso	McElroy	Peterson	Sykora
Anderson, B.	Delmont	Kielkucki	Molnau	Pugh	Tingelstad
Anderson, I.	Dempsey	Kinkel	Mulder	Reuter	Tomassoni
Bakk	Dorn	Knight	Mullery	Rhodes	Tompkins
Bettermann	Erhardt	Kraus	Murphy	Rifenberg	Tuma
Bishop	Erickson	Krinkie	Ness	Rostberg	Tunheim
Boudreau	Finseth	Kubly	Nornes	Rukavina	Van Dellen
Bradley	Gunther	Kuisle	Opatz	Schumacher	Vandeveer
Broecker	Haas	Larsen	Orfield	Seagren	Weaver
Carlson	Harder	Leighton	Osskopp	Seifert	Wenzel
Clark, J.	Holsten	Leppik	Ozment	Smith	Westfall
Commers	Jefferson	Lindner	Paulsen	Solberg	Westrom
Daggett	Jennings	Macklin	Pawlenty	Stang	Winter
Davids	Johnson, A.	Mares	Paymar	Sviggum	Wolf
Dawkins	Kahn	Marko	Pelowski	Swenson, H.	Workman

Those who voted in the negative were:

Biernat	Goodno	Jaros	Long	Osthoff	Trimble
Chaudhary	Greenfield	Johnson, R.	Mahon	Rest	Wagenius
Clark, K.	Greiling	Juhnke	Mariani	Sekhon	Wejcman
Entenza	Hasskamp	Kalis	McCollum	Skare	Spk. Carruthers
Evans	Hausman	Knoblach	McGuire	Skoglund
Folliard	Hilty	Koskinen	Munger	Slawik
Garcia	Huntley	Lieder	Olson, E.	Stanek

The motion prevailed and the amendment was adopted.

Reuter, Rifenberg, Vandeveer, Nornes, Davids, Bettermann and Tomassoni moved to amend S. F. No. 2407, the unofficial engrossment, as amended, as follows:

Page 13, line 14, insert "(a)" before "The"

Page 13, after line 25, insert:

"(b) Notwithstanding paragraph (a), a person who holds a provisional license and has a driving record free of convictions for moving violations shall have a $9.50 credit toward the fee for any classified under 21 driver license."

A roll call was requested and properly seconded.

The question was taken on the Reuter et al amendment and the roll was called. There were 104 yeas and 24 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Biernat	Greenfield	Kahn	McCollum	Olson, E.	Trimble
Chaudhary	Greiling	Kinkel	McGuire	Paymar	Wagenius
Entenza	Huntley	Lieder	Munger	Skare	Wejcman
Evans	Jaros	Mariani	Ness	Solberg	Spk. Carruthers

The motion prevailed and the amendment was adopted.

S. F. No. 2407, A bill for an act relating to drivers' licenses; establishing youth-oriented driver improvement clinics; establishing a graduated licensing system with provisional license phase; restricting driving privileges for holders of instruction permits and provisional licenses and requiring violation-free period before advancement to next license stage; making technical changes; appropriating money; amending Minnesota Statutes 1996, sections 120.73, subdivision 1; 169.89, subdivision 5; 169.971, subdivision 1, and by adding a subdivision; 169.972; 169.973, subdivision 1; 171.01, subdivision 14; 171.04, subdivision 1; 171.05, subdivision 2, and by adding subdivisions; 171.06, subdivision 1; 171.10, subdivision 1; 171.12, subdivision 3; 171.16, subdivision 5; 171.17, subdivisions 2 and 3; 171.172; 171.173; 171.174; 171.20, subdivision 3; 171.27; and 171.39; Minnesota Statutes 1997 Supplement, sections 171.041; 171.06, subdivisions 2 and 4; and 171.171; proposing coding for new law in Minnesota Statutes, chapter 171.

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 80 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Farrell	Johnson, R.	Mahon	Ozment	Stanek
Biernat	Finseth	Juhnke	Mares	Paulsen	Sykora
Journal of the House - 98th Day - Tuesday, March 24, 1998 - Top of Page 8614
Broecker	Folliard	Kahn	Mariani	Pawlenty	Tingelstad
Carlson	Garcia	Kalis	Marko	Pelowski	Trimble
Chaudhary	Goodno	Kelso	McCollum	Pugh	Wagenius
Clark, J.	Greenfield	Kinkel	McGuire	Rest	Weaver
Clark, K.	Greiling	Knoblach	Molnau	Rhodes	Wejcman
Commers	Haas	Koskinen	Munger	Rostberg	Wenzel
Dawkins	Hasskamp	Kubly	Ness	Schumacher	Winter
Dehler	Hausman	Larsen	Olson, E.	Seagren	Spk. Carruthers
Dorn	Huntley	Leppik	Opatz	Sekhon
Entenza	Jaros	Lieder	Orfield	Skare
Erhardt	Jennings	Long	Osthoff	Skoglund
Evans	Johnson, A.	Macklin	Otremba, M.	Slawik

Those who voted in the negative were:

Abrams	Dempsey	Kraus	Nornes	Stang	Westfall
Anderson, B.	Erickson	Krinkie	Osskopp	Sviggum	Westrom
Bakk	Gunther	Kuisle	Peterson	Swenson, H.	Wolf
Bettermann	Harder	Leighton	Reuter	Tomassoni	Workman
Boudreau	Hilty	Lindner	Rifenberg	Tompkins
Bradley	Holsten	McElroy	Rukavina	Tuma
Daggett	Jefferson	Mulder	Seifert	Tunheim
Davids	Kielkucki	Mullery	Smith	Van Dellen
Delmont	Knight	Murphy	Solberg	Vandeveer

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

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

Davids moved that his name be stricken as an author on H. F. No. 1604. The motion prevailed.

Broecker 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 23, 1998, when the vote was taken on the repassage of H. F. No. 2308, as amended by the Senate." The motion prevailed.

Kraus 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 23, 1998, when the vote was taken on the final passage of H. F. No. 3854, as amended." The motion prevailed.

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, March 25, 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., Wednesday, March 25, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives