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 Pastor David Everett, Grace Lutheran Church, Mora, Minnesota.
The roll was called and the following members were present:
| Abrams | Entenza | Johnson, R. | McCollum | Pelowski | Sykora |
| Anderson, B. | Erhardt | Juhnke | McElroy | Peterson | Tingelstad |
| Anderson, I. | Erickson | Kahn | McGuire | Pugh | Tomassoni |
| Bakk | Evans | Kalis | Milbert | Rest | Tompkins |
| Bettermann | Farrell | Kelso | Molnau | Reuter | Trimble |
| Biernat | Folliard | Kielkucki | Mulder | Rhodes | Tuma |
| Bishop | Garcia | Kinkel | Mullery | Rifenberg | Tunheim |
| Boudreau | Goodno | Knight | Munger | Rostberg | Van Dellen |
| Bradley | Greenfield | Knoblach | Murphy | Rukavina | Vandeveer |
| Broecker | Greiling | Koskinen | Ness | Schumacher | Wagenius |
| Carlson | Gunther | Kraus | Nornes | Seagren | Weaver |
| Chaudhary | Haas | Kubly | Olson, E. | Seifert | Wejcman |
| Clark, J. | Harder | Kuisle | Olson, M. | Sekhon | Wenzel |
| Clark, K. | Hasskamp | Larsen | Opatz | Skare | Westfall |
| Commers | Hausman | Leighton | Orfield | Skoglund | Westrom |
| Daggett | Hilty | Leppik | Osskopp | Slawik | Winter |
| Davids | Holsten | Lieder | Osthoff | Smith | Wolf |
| Dawkins | Huntley | Lindner | Otremba, M. | Solberg | Workman |
| Dehler | Jaros | Long | Ozment | Stanek | Spk. Carruthers |
| Delmont | Jefferson | Mahon | Paulsen | Stang | |
| Dempsey | Jennings | Mares | Pawlenty | Sviggum | |
| Dorn | Johnson, A. | Mariani | Paymar | Swenson, H. | |
A quorum was present.
Finseth, Krinkie, Luther, Macklin and Marko were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Daggett moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
S. F. No. 2050 and H. F. No. 2521, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Bishop moved that the rules be so far suspended that S. F. No. 2050 be substituted for H. F. No. 2521 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3397 and H. F. No. 3841, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Entenza moved that the rules be so far suspended that S. F. No. 3397 be substituted for H. F. No. 3841 and that the House File be indefinitely postponed. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 2315, relating to commerce; regulating trademarks and service marks; defining terms; providing remedies.
H. F. No. 2489, relating to natural resources; modifying the description of a state trail in Ramsey and Washington counties.
Warmest regards,
Arne H. Carlson
Governor
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3644, relating to telecommunications; modifying voting requirements for extended area service within combined school districts.
H. F. No. 2309, 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.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1998 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
| S.F. No. | H.F. No. | Session Laws Chapter No. | Time and Date Approved 1997 | Date
Filed 1997 |
| 2372 | 305 | 10:32 a.m. March 23 | March 23 | |
| 3016 | 306 | 10:40 a.m. March 23 | March 23 | |
| 2581 | 307 | 10:42 a.m. March 23 | March 23 | |
| 2281 | 308 | 10:45 a.m. March 23 | March 23 | |
| 2378 | 309 | 10:45 a.m. March 23 | March 23 | |
| 2316 | 310 | 10:45 a.m. March 23 | March 23 | |
| 2269 | 312 | 10:45 a.m. March 23 | March 23 | |
| 2373 | 313 | 10:50 a.m. March 23 | March 23 | |
| 2725 | 314 | 10:52 a.m. March 23 | March 23 | |
| 2315 | 315 | 10:36 a.m. March 23 | March 23 | |
| 2207 | 316 | 10:53 a.m. March 23 | March 23 | |
| 2447 | 317 | 10:55 a.m. March 23 | March 23 | |
| 2489 | 318 | 10:40 a.m. March 23 | March 23 | |
| 3032 | 319 | 10:55 a.m. March 23 | March 23 | |
| 3036 | 320 | 10:55 a.m. March 23 | March 23 | |
| 2068 | 321 | 10:51 a.m. March 23 | March 23 | |
| 2911 | 322 | 10:55 a.m. March 23 | March 23 | |
| 2262 | 323 | 10:48 a.m. March 23 | March 23 | |
| 1814 | 324 | 10:55 a.m. March 23 | March 23 | |
| 2429 | 325 | 10:57 a.m. March 23 | March 23 | |
| 3644 | 326 | 10:53 a.m. March 23 | March 23 | |
| 2309 | 327 | 10:55 a.m. March 23 | March 23 | |
| 2659 | 328 | 10:58 a.m. March 23 | March 23 | |
| 2861 | 329 | 10:58 a.m. March 23 | March 23 | |
Sincerely,
Joan Anderson Growe
Secretary of State
Winter from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 3654, A bill for an act relating to utilities; requiring comprehensive study of electric industry restructuring; proposing coding for new law in Minnesota Statutes, chapter 216C.
Reported the same back with the following amendments:
Page 5, line 34, delete "provide" and insert "develop"
Page 5, line 35, delete "to the technical advisory committee"
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. 3839, A bill for an act relating to legislative enactments; correcting miscellaneous noncontroversial oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 1996, section 115C.08, subdivision 3.
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. 2775, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding
a new article XV, and by renumbering certain sections; renaming the permanent school fund as the children's endowment
fund; maximizing the long-term total return to the fund; requiring a work group to propose a governance structure for the
endowment; proposing coding for new law as Minnesota Statutes, chapter 119C.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [CONSTITUTIONAL AMENDMENT.]
An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, a section shall
be added to article XI to read:
Sec. 15. The endowment fund for Minnesota's children is established in the state treasury. The assets of the fund must
be appropriated by law for purposes that will enhance children's physical, emotional, and intellectual development through
the age of four years so that children in Minnesota begin school ready to learn. The amount appropriated each fiscal year
may not exceed 5-1/2 percent of the market value of the fund one year before the start of the biennium.
Sec. 2. [SCHEDULE AND QUESTION.]
The amendment shall be submitted to the people at the 1998 general election. The question submitted shall be:
"Shall the Minnesota Constitution be amended to create a permanent endowment fund to enhance the development
of young children through the age of four?
Yes .......
No ........"
Sec. 3. [119C.01] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this section apply to sections 119C.01 to
119C.05.
Subd. 2. [ENDOWMENT FUND.] "Endowment fund" means the children's endowment fund established
in the Minnesota Constitution, article XI, section 15.
Subd. 3. [YOUNG CHILDREN.] "Young children" means children through the age of four.
Sec. 4. [119C.02] [ENDOWMENT FUND TO SUPPLEMENT FUNDING.]
The endowment fund may be used to provide funding for activities under section 119C.04 and to supplement funding
for ongoing programs for young children and their families. The endowment fund may not supplant any current funding for
programs or activities for young children and their families.
Sec. 5. [119C.03] [ENDOWMENT FUND ACCOUNT.]
Subdivision 1. [ESTABLISHMENT OF ACCOUNT AND INVESTMENT.] The children's endowment
fund, under the Minnesota Constitution, article XI, section 15, is established as an account in the state treasury. The
commissioner of finance shall credit to the endowment fund the amounts authorized under this section and section 119C.05.
The state board of
investment shall ensure that endowment fund money is invested under section 11A.24. All money earned by the endowment
fund must be credited to the endowment fund. The principal of the endowment fund and any unexpended earnings must be
invested and reinvested by the state board of investment.
Subd. 2. [REVENUE.] Nothing in sections 3 to 8 limits the source of contributions to the endowment
fund.
Subd. 3. [GIFTS AND DONATIONS.] Gifts and donations may be made to the endowment fund. Noncash
gifts and donations must be disposed of for cash as soon as the board prudently can maximize the value of the gift or
donation. Gifts and donations of marketable securities may be held or disposed of for cash at the option of the board. The
cash receipts of gifts and donations of cash or capital assets and marketable securities disposed of for cash must be credited
immediately to the principal of the endowment fund. The value of marketable securities at the time the gift or donation is
made must be credited to the principal of the endowment fund and any earnings from the marketable securities are earnings
of the endowment fund.
Subd. 4. [AUDITS REQUIRED.] The legislative auditor shall audit endowment fund expenditures.
Sec. 6. [119C.04] [ENDOWMENT FUND EXPENDITURES.]
Money in the endowment fund may be spent as appropriated by law for:
(1) research that emphasizes results and contributes to increasing the understanding of the development of young
children's brains or to developing new methods to increase the effectiveness of stimulation and educational activities that
will improve brain development in young children;
(2) collection, analysis, and distribution of information to communities and families that assists in enhancing the
development of young children;
(3) enhancement of public education, awareness, and understanding necessary for the promotion and encouragement
of activities and decisions that protect and stimulate young children's development;
(4) supplemental funding to those projects that have demonstrated successful outcomes in improving and enhancing
the development of young children; and
(5) administrative and investment expenses incurred by the state board of investment in investing assets of the
endowment fund.
Sec. 7. [119C.05] [ROYALTIES; COPYRIGHTS; PATENTS.]
This section applies to projects supported by the endowment fund. The endowment fund owns and shall take title
to the percentage of a royalty, copyright, or patent resulting from a project supported by the fund equal to the percentage of
the project's total funding provided by the fund. Cash receipts resulting from a royalty, copyright, or patent, or the sale of
the endowment fund's rights to a royalty, copyright, or patent, must be credited immediately to the principal of the
endowment fund.
Sec. 8. [GOVERNANCE.]
The governor, the subcommittee on committees of the committee on rules and administration of the senate, and the
speaker of the house of representatives shall jointly appoint a work group of legislators and community and foundation
representatives to develop a proposal for governance of the endowment for Minnesota's children. The work group shall
prepare a report and submit recommendations to the legislature by January 15, 1999, which include the governance structure,
composition of the governing body, authority and responsibility for managing funds, and how to best focus the children's
endowment funds to improve outcomes for children through the age of four years.
Sec. 9. [EFFECTIVE DATE.]
Sections 3 to 8 are effective the day after the constitutional amendment proposed in sections 1 and 2 is adopted."
Delete the title and insert:
"A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to
article XI; establishing the children's endowment fund; proposing coding for new law as Minnesota Statutes, chapter 119C."
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. Nos. 3654 and 3839 were read for the second time.
S. F. Nos. 2050, 3397 and 2775 were read for the second time.
The following House Advisory was introduced:
Harder, Rest, Erhardt, Dehler and Long introduced:
H. A. No. 17, A proposal to study the status of corporations governed by local governmental units.
The advisory was referred to the Committee on Local Government and Metropolitan Affairs.
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, as amended by the Senate,
in which amendments the concurrence of the House is respectfully requested:
H. F. No. 3070, A bill for an act relating to energy; providing for variance for decorative gas lamp; amending Minnesota
Statutes 1996, section 216C.19, subdivision 6.
Patrick E. Flahaven, Secretary of the Senate
Wolf moved that the House concur in the Senate amendments to H. F. No. 3070 and that the bill be repassed as amended
by the Senate. The motion prevailed.
H. F. No. 3070, A bill for an act relating to energy; providing for variance for decorative gas lamp; amending Minnesota
Statutes 1996, section 216C.19, subdivision 6.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 121 yeas and 0 nays as follows:
Those who voted in the affirmative were:
CONCURRENCE AND REPASSAGE
| Abrams | Erhardt | Kahn | McElroy | Pugh | Tomassoni |
| Anderson, B. | Erickson | Kalis | McGuire | Rest | Tompkins |
| Anderson, I. | Folliard | Kelso | Milbert | Reuter | Tuma |
| Bakk | Garcia | Kielkucki | Molnau | Rhodes | Tunheim |
| Bettermann | Goodno | Kinkel | Mulder | Rifenberg | Van Dellen |
| Biernat | Greenfield | Knight | Mullery | Rostberg | Vandeveer |
| Boudreau | Greiling | Knoblach | Munger | Rukavina | Wagenius |
| Bradley | Gunther | Koskinen | Murphy | Seagren | Weaver |
| Broecker | Haas | Kraus | Nornes | Seifert | Wejcman |
| Carlson | Harder | Kubly | Olson, E. | Sekhon | Wenzel |
| Chaudhary | Hasskamp | Kuisle | Olson, M. | Skare | Westfall |
| Clark, J. | Hausman | Larsen | Orfield | Skoglund | Westrom |
| Clark, K. | Hilty | Leighton | Osskopp | Slawik | Winter |
| Daggett | Holsten | Leppik | Osthoff | Smith | Wolf |
| Davids | Huntley | Lieder | Otremba, M. | Solberg | Workman |
| Dawkins | Jaros | Lindner | Ozment | Stanek | Spk. Carruthers |
| Dehler | Jefferson | Long | Paulsen | Stang | |
| Delmont | Jennings | Mahon | Pawlenty | Sviggum | |
| Dempsey | Johnson, A. | Mares | Paymar | Swenson, H. | |
| Dorn | Johnson, R. | Mariani | Pelowski | Sykora | |
| Entenza | Juhnke | McCollum | Peterson | Tingelstad | |
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 3068, A bill for an act relating to state employment; modifying salary provisions for certain officials; setting conditions for advancing employees within a compensation plan or to exceed the salary of an agency head; providing an early retirement incentive for certain employees of the bureau of criminal apprehension; ratifying certain labor agreements; ratifying certain plans and proposals; amending Minnesota Statutes 1997 Supplement, sections 15A.0815, subdivision 3; 43A.17, subdivision 3; and 298.22, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 43A.
Patrick E. Flahaven, Secretary of the Senate
Solberg moved that the House concur in the Senate amendments to H. F. No. 3068 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 3068, A bill for an act relating to state employment; modifying salary provisions for certain officials; setting conditions for advancing employees within a compensation plan or to exceed the salary of an agency head; providing an early retirement incentive for certain employees of the bureau of criminal apprehension; ratifying certain labor agreements; ratifying certain plans and proposals; amending Minnesota Statutes 1997 Supplement, sections 15A.0815, subdivision 3; 43A.17, subdivision 3; and 298.22, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 43A.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called.
Pursuant to rule 2.05, the Speaker excused McCollum from voting on H. F. No. 3068, as amended by the Senate.
There were 91 yeas and 32 nays as follows:
Those who voted in the affirmative were:
| Abrams | Evans | Johnson, R. | Mullery | Rest | Tomassoni |
| Anderson, I. | Folliard | Juhnke | Munger | Rhodes | Tunheim |
| Bakk | Garcia | Kahn | Murphy | Rostberg | Vandeveer |
| Biernat | Goodno | Kalis | Ness | Rukavina | Wagenius |
| Bishop | Greenfield | Kelso | Nornes | Schumacher | Weaver |
| Boudreau | Greiling | Kinkel | Olson, E. | Seagren | Wejcman |
| Bradley | Gunther | Koskinen | Opatz | Sekhon | Wenzel |
| Carlson | Hasskamp | Kubly | Orfield | Skare | Westfall |
| Clark, K. | Hausman | Leppik | Osthoff | Skoglund | Winter |
| Daggett | Hilty | Lieder | Otremba, M. | Slawik | Wolf |
| Dawkins | Holsten | Long | Ozment | Smith | Spk. Carruthers |
| Delmont | Huntley | Mahon | Pawlenty | Solberg | |
| Dempsey | Jaros | Mares | Paymar | Stanek | |
| Dorn | Jefferson | Mariani | Pelowski | Stang | |
| Entenza | Jennings | McGuire | Peterson | Sviggum | |
| Erhardt | Johnson, A. | Milbert | Pugh | Sykora | |
Those who voted in the negative were:
| Anderson, B. | Davids | Knight | McElroy | Seifert | Westrom |
| Bettermann | Dehler | Knoblach | Molnau | Swenson, H. | Workman |
| Broecker | Erickson | Kraus | Mulder | Tingelstad | |
| Chaudhary | Haas | Kuisle | Paulsen | Tompkins | |
| Clark, J. | Harder | Larsen | Reuter | Tuma | |
| Commers | Kielkucki | Lindner | Rifenberg | Van Dellen | |
The bill was repassed, as amended by the Senate, and its title agreed to.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
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 24, 1998, when the vote was taken on the Stang and Rukavina amendment to S. F. No. 2407, the unofficial engrossment." The motion prevailed.
Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Thursday, March 26, 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., Thursday, March 26, 1998.
Edward A. Burdick, Chief Clerk, House of Representatives