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 the Reverend Kathryn Hoff Rothman, Our Redeemer's Lutheran Church, Benson, Minnesota.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The Speaker called Opatz to the Chair.
The roll was called and the following members were present:
| Abrams | Erhardt | Kahn | McElroy | Peterson | Tingelstad |
| Anderson, B. | Erickson | Kalis | McGuire | Pugh | Tomassoni |
| Anderson, I. | Evans | Kelso | Milbert | Rest | Tompkins |
| Bakk | Farrell | Kielkucki | Molnau | Reuter | Trimble |
| Bettermann | Finseth | Kinkel | Mulder | Rhodes | Tunheim |
| Biernat | Folliard | Knoblach | Mullery | Rifenberg | Van Dellen |
| Bishop | Garcia | Koskinen | Munger | Rostberg | Vandeveer |
| Boudreau | Goodno | Kraus | Murphy | Rukavina | Wagenius |
| Bradley | Greenfield | Krinkie | Ness | Schumacher | Weaver |
| Broecker | Greiling | Kubly | Nornes | Seagren | Wejcman |
| Carlson | Gunther | Kuisle | Olson, E. | Seifert | Wenzel |
| Chaudhary | Haas | Larsen | Olson, M. | Sekhon | Westfall |
| Clark, K. | Harder | Leighton | Opatz | Skare | Westrom |
| Commers | Hasskamp | Leppik | Orfield | Skoglund | Winter |
| Daggett | Hausman | Lieder | Osskopp | Slawik | Wolf |
| Davids | Hilty | Lindner | Osthoff | Smith | Workman |
| Dawkins | Holsten | Long | Otremba, M. | Solberg | Spk. Carruthers |
| Dehler | Huntley | Macklin | Ozment | Stanek | |
| Delmont | Jaros | Mahon | Paulsen | Stang | |
| Dempsey | Jennings | Mares | Pawlenty | Sviggum | |
| Dorn | Johnson, A. | Mariani | Paymar | Swenson, H. | |
| Entenza | Juhnke | McCollum | Pelowski | Sykora | |
A quorum was present.
Clark, J.; Johnson, R.; Knight; Luther; Marko and Tuma were excused.
Jefferson was excused until 10:20 a.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Mulder 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 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 File:
H. F. No. 2814, relating to health; establishing a minimum definition of durable medical equipment; requiring disclosure of covered medical equipment and supplies.
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 | |
| 908 | 331 | 9:30 a.m. March 25 | March 25 | ||
| 2252 | 332 | 9:35 a.m. March 25 | March 25 | ||
| 154 | 333 | 9:40 a.m. March 25 | March 25 | ||
| 2814 | 334 | 9:48 a.m. March 25 | March 25 | ||
| 2550 | 335 | 9:45 a.m. March 25 | March 25 | ||
| 330 | 336 | 9:45 a.m. March 25 | March 25 | ||
| 2493 | 337 | 9:50 a.m. March 25 | March 25 | ||
Sincerely,
Joan Anderson Growe
Secretary of State
The following House Files were introduced:
McCollum; Tuma; Leppik; Johnson, R., and Pugh introduced:
H. F. No. 3859, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; providing for equality of rights under the law for men and women.
The bill was read for the first time and referred to the Committee on Judiciary.
Tunheim, Mares, Murphy, Ness and Hasskamp introduced:
H. F. No. 3860, A bill for an act relating to natural resources; creating wilderness areas.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Olson, E.; Huntley; Finseth; Lieder and Trimble introduced:
H. F. No. 3861, A bill for an act relating to natural resources; creating wilderness areas.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
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. 3332, A bill for an act relating to adoption; modifying conditions for open adoption agreements; amending Minnesota Statutes 1997 Supplement, section 259.58.
Patrick E. Flahaven, Secretary of the Senate
Skoglund moved that the House concur in the Senate amendments to H. F. No. 3332 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 3332, A bill for an act relating to adoption; changing provisions in the fathers' adopted registry; modifying conditions for open adoption agreements; amending Minnesota Statutes 1997 Supplement, section 259.58.
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 113 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abrams | Entenza | Kalis | Mariani | Pawlenty | Sviggum |
| Anderson, B. | Erhardt | Kelso | McCollum | Paymar | Swenson, H. |
| Anderson, I. | Erickson | Kielkucki | McElroy | Pelowski | Sykora |
| Bettermann | Evans | Kinkel | Milbert | Pugh | Tomassoni |
| Biernat | Finseth | Knoblach | Molnau | Rhodes | Trimble |
| Boudreau | Goodno | Koskinen | Mulder | Rifenberg | Tunheim |
| Bradley | Greenfield | Kraus | Mullery | Rostberg | Van Dellen |
| Broecker | Greiling | Krinkie | Munger | Rukavina | Vandeveer |
| Carlson | Gunther | Kubly | Ness | Schumacher | Wagenius |
| Chaudhary | Haas | Kuisle | Nornes | Seagren | Weaver |
| Clark, K. | Harder | Larsen | Olson, E. | Seifert | Wejcman |
| Commers | Hasskamp | Leighton | Olson, M. | Sekhon | Wenzel |
| Daggett | Hilty | Leppik | Opatz | Skare | Westfall |
| Davids | Holsten | Lieder | Orfield | Skoglund | Westrom |
| Dawkins | Huntley | Lindner | Osskopp | Slawik | Winter |
| Dehler | Jaros | Long | Osthoff | Smith | Wolf |
| Delmont | Jennings | Macklin | Otremba, M. | Solberg | Workman |
| Dempsey | Johnson, A. | Mahon | Ozment | Stanek | Spk. Carruthers |
| Dorn | Juhnke | Mares | Paulsen | Stang | |
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. 2277, A bill for an act relating to fair campaign practices; requiring written permission of an organization before campaign material can state that the organization supports a certain candidate or ballot question; amending Minnesota Statutes 1996, section 211B.02.
Patrick E. Flahaven, Secretary of the Senate
Tunheim moved that the House concur in the Senate amendments to H. F. No. 2277 and that the bill be repassed as amended by the Senate.
A roll call was requested and properly seconded.
The question was taken on the Tunheim motion and the roll was called. There were 66 yeas and 59 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Farrell | Juhnke | Mahon | Otremba, M. | Skoglund |
| Bakk | Folliard | Kahn | Mariani | Paymar | Slawik |
| Biernat | Garcia | Kalis | McCollum | Pelowski | Solberg |
| Carlson | Greenfield | Kelso | McGuire | Peterson | Tomassoni |
| Chaudhary | Greiling | Kinkel | Milbert | Pugh | Trimble |
| Clark, K. | Hasskamp | Koskinen | Mullery | Rest | Tunheim |
| Dawkins | Hilty | Kubly | Murphy | Rhodes | Wagenius |
| Delmont | Huntley | Leighton | Olson, E. | Rukavina | Wejcman |
| Dorn | Jaros | Leppik | Opatz | Schumacher | Wenzel |
| Entenza | Jennings | Lieder | Orfield | Sekhon | Winter |
| Evans | Johnson, A. | Long | Osthoff | Skare | Spk. Carruthers |
Those who voted in the negative were:
| Abrams | Dehler | Kielkucki | Molnau | Rifenberg | Tingelstad |
| Anderson, B. | Dempsey | Knoblach | Mulder | Rostberg | Tompkins |
| Bettermann | Erhardt | Kraus | Ness | Seagren | Van Dellen |
| Bishop | Erickson | Krinkie | Nornes | Seifert | Vandeveer |
| Boudreau | Finseth | Kuisle | Olson, M. | Smith | Weaver |
| Bradley | Goodno | Larsen | Osskopp | Stanek | Westfall |
| Broecker | Gunther | Lindner | Ozment | Stang | Westrom |
| Commers | Haas | Macklin | Paulsen | Sviggum | Wolf |
| Daggett | Harder | Mares | Pawlenty | Swenson, H. | Workman |
| Davids | Holsten | McElroy | Reuter | Sykora | |
The motion prevailed.
Tunheim moved that H. F. No. 2277, as amended by the Senate, be laid on the table. The motion prevailed and H. F. No. 2277, as amended by the Senate, was laid on the table.
The Speaker resumed the Chair.
S. F. No. 1074 was reported to the House.
Rukavina moved to amend S. F. No. 1074 as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 1996, section 179.12, is amended to read:
179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.]
(a) It is an unfair labor practice for an employer:
(1) To institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer
and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the
agreement, or to violate the terms and conditions of the bargaining agreement;
(2) To institute a lockout of its employees in violation of section 179.06 or 179.07;
(3) To encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of
employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of
collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization
representing the employees as a bargaining agent, as provided by section 179.16;
(4) To discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit,
petition, or complaint or given information or testimony under this chapter;
(5) To spy directly or through agents or any other persons upon activities of employees or their representatives in the
exercise of their legal rights;
(6) To distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for
the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;
(7) To engage or contract for the services of a person who is an employee of another if the employee is paid a wage that
is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the
same grade or classification;
(8) Willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a
strike or lockout at a place of business located within this state;
(9) To grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit
work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor
organization authorized by a representative of employees; or
(10) To refuse to provide a representative of a labor organization with an equal amount of time to meet with
employees during working hours to respond to information presented by the employer in meetings during working hours,
if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive
representative in collective bargaining with the employer.
(b) The violation of paragraph (a), clauses (2), (4), (5), (6), (7), (8), and (9), are unlawful acts."
Page 1, after line 25, insert:
"Sec. 3. Minnesota Statutes 1996, section 179A.07, is amended by adding a subdivision to read:
Subd. 3a. [EQUAL TIME.] A public employer has an obligation to provide a representative of a labor
organization an equal amount of time to meet with employees during working hours to respond to information presented by
the employer in meetings during working hours, if the information is intended to discourage employees from voting for
certification of the labor organization as their exclusive representative in collective bargaining with the employer.
Sec. 4. Minnesota Statutes 1996, section 179A.13, subdivision 2, is amended to read:
Subd. 2. [EMPLOYERS.] Public employers, their agents and representatives are prohibited from:
(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed in sections 179A.01 to 179A.25;
(2) dominating or interfering with the formation, existence, or administration of any employee organization or
contributing other support to it;
(3) discriminating in regard to hire or tenure to encourage or discourage membership in an employee organization;
(4) discharging or otherwise discriminating against an employee because the employee has signed or filed an affidavit,
petition, or complaint or given information or testimony under sections 179A.01 to 179A.25;
(5) refusing to meet and negotiate in good faith with the exclusive representative of its employees in an appropriate unit;
(6) refusing to comply with grievance procedures contained in an agreement;
(7) distributing or circulating a blacklist of individuals exercising a legal right or of members of a labor organization for
the purpose of preventing blacklisted individuals from obtaining or retaining employment;
(8) violating rules established by the commissioner regulating the conduct of representation elections;
(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;
(10) violating or refusing to comply with any lawful order or decision issued by the commissioner;
(11) refusing to provide, upon the request of the exclusive representative, all information pertaining to the public
employer's budget both present and proposed, revenues, and other financing information provided that in the executive
branch of state government this clause may not be considered contrary to the budgetary requirements of sections 16A.10
and 16A.11;
(12) granting or offering to grant the status of permanent replacement employee to a person for performing bargaining
unit work for the employer during a lockout of employees in an employee organization or during a strike authorized by an
employee organization that is an exclusive representative; or
(13) refusing to provide a representative of a labor organization an equal amount of time to meet with employees
during working hours to respond to information presented by the employer in meetings during working hours, if the
information is intended to discourage employees from voting for certification of the labor organization as their exclusive
representative in collective bargaining with the employer.
Sec. 5. [EFFECTIVE DATE.]
Sections 1, 3, and 4 are effective January 1, 1999."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Bettermann raised a point of order pursuant to rule 3.09 that the Rukavina amendment was not in order. The Speaker
ruled the point of order not well taken and the Rukavina amendment in order.
Abrams requested a division of the Rukavina amendment to S. F. No. 1074.
The first portion of the Rukavina amendment to S. F. No. 1074 reads as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 1996, section 179.12, is amended to read:
179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.]
(a) It is an unfair labor practice for an employer:
(1) To institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer
and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the
agreement, or to violate the terms and conditions of the bargaining agreement;
(2) To institute a lockout of its employees in violation of section 179.06 or 179.07;
(3) To encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of
employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of
collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization
representing the employees as a bargaining agent, as provided by section 179.16;
(4) To discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit,
petition, or complaint or given information or testimony under this chapter;
(5) To spy directly or through agents or any other persons upon activities of employees or their representatives in the
exercise of their legal rights;
(6) To distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for
the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;
(7) To engage or contract for the services of a person who is an employee of another if the employee is paid a wage that
is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the
same grade or classification;
(8) Willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a
strike or lockout at a place of business located within this state;
(9) To grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit
work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor
organization authorized by a representative of employees; or
(10) To refuse to provide a representative of a labor organization with an equal amount of time to meet with
employees during working hours to respond to information presented by the employer in meetings during working hours,
if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive
representative in collective bargaining with the employer.
(b) The violation of paragraph (a), clauses (2), (4), (5), (6), (7), (8), and (9), are unlawful acts."
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective January 1, 1999."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the first portion of the Rukavina amendment and the roll was called. There were 60 yeas
and 67 nays as follows:
Those who voted in the affirmative were:
or
| Anderson, I. | Evans | Jaros | Mahon | Osthoff | Smith |
| Bakk | Farrell | Jefferson | Mariani | Ozment | Solberg |
| Biernat | Folliard | Johnson, A. | McCollum | Paymar | Tomassoni |
| Boudreau | Garcia | Kahn | McGuire | Peterson | Trimble |
| Carlson | Greenfield | Kalis | Milbert | Rest | Tunheim |
| Chaudhary | Greiling | Kinkel | Mullery | Rukavina | Wagenius |
| Clark, K. | Hasskamp | Koskinen | Munger | Sekhon | Wejcman |
| Dawkins | Hausman | Leighton | Murphy | Skare | Wenzel |
| Delmont | Hilty | Lieder | Olson, E. | Skoglund | Winter |
| Entenza | Huntley | Long | Orfield | Slawik | Spk. Carruthers |
Those who voted in the negative were:
| Abrams | Erhardt | Knoblach | Mulder | Rifenberg | Van Dellen |
| Anderson, B. | Erickson | Kraus | Ness | Rostberg | Vandeveer |
| Bettermann | Finseth | Krinkie | Nornes | Schumacher | Weaver |
| Bishop | Goodno | Kubly | Olson, M. | Seagren | Westfall |
| Bradley | Gunther | Kuisle | Opatz | Seifert | Westrom |
| Broecker | Haas | Larsen | Osskopp | Stanek | Wolf |
| Commers | Harder | Leppik | Paulsen | Stang | Workman |
| Daggett | Holsten | Lindner | Pawlenty | Sviggum | |
| Davids | Jennings | Macklin | Pelowski | Swenson, H. | |
| Dehler | Juhnke | Mares | Pugh | Sykora | |
| Dempsey | Kelso | McElroy | Reuter | Tingelstad | |
| Dorn | Kielkucki | Molnau | Rhodes | Tompkins | |
The motion did not prevail and the first portion of the Rukavina amendment was not adopted.
Rukavina withdrew the second portion of the Rukavina amendment to S. F. No. 1074.
S. F. No. 1074, A bill for an act relating to public employees; providing that public safety dispatchers are essential employees; amending Minnesota Statutes 1996, section 179A.03, subdivision 7.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 77 yeas and 50 nays as follows:
Those who voted in the affirmative were:
| Abrams | Erhardt | Kielkucki | Mulder | Peterson | Sviggum |
| Anderson, B. | Erickson | Kinkel | Mullery | Pugh | Swenson, H. |
| Bettermann | Finseth | Knoblach | Ness | Reuter | Sykora |
| Bishop | Goodno | Kraus | Nornes | Rhodes | Tingelstad |
| Boudreau | Gunther | Kubly | Olson, E. | Rifenberg | Van Dellen |
| Bradley | Haas | Larsen | Olson, M. | Rostberg | Vandeveer |
| Broecker | Harder | Leighton | Opatz | Schumacher | Weaver |
| Commers | Holsten | Leppik | Osskopp | Seagren | Wenzel |
Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8682 |
|||||
| Daggett | Jefferson | Lieder | Otremba, M. | Seifert | Westfall |
| Davids | Jennings | Lindner | Ozment | Sekhon | Westrom |
| Dehler | Juhnke | Macklin | Paulsen | Skoglund | Wolf |
| Dempsey | Kalis | Mares | Pawlenty | Stanek | Workman |
| Dorn | Kelso | Molnau | Pelowski | Stang | |
Those who voted in the negative were:
| Anderson, I. | Farrell | Jaros | McCollum | Rest | Tunheim |
| Bakk | Folliard | Johnson, A. | McElroy | Rukavina | Wagenius |
| Biernat | Garcia | Kahn | McGuire | Skare | Wejcman |
| Carlson | Greenfield | Koskinen | Milbert | Slawik | Winter |
| Chaudhary | Greiling | Krinkie | Munger | Smith | Spk. Carruthers |
| Clark, K. | Hasskamp | Kuisle | Murphy | Solberg | |
| Dawkins | Hausman | Long | Orfield | Tomassoni | |
| Entenza | Hilty | Mahon | Osthoff | Tompkins | |
| Evans | Huntley | Mariani | Paymar | Trimble | |
The bill was passed and its title agreed to.
Goodno was excused between the hours of 11:00 a.m. and 12:45 p.m.
H. F. No. 3654 was reported to the House.
Jennings moved to amend H. F. No. 3654, the third engrossment, as follows:
Page 1, after line 5, insert:
"Section 1. Minnesota Statutes 1997 Supplement, section 216C.051, subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT.] (a) There is established a legislative electric energy task force to study future electric energy sources and costs and to make recommendations for legislation for an environmentally and economically sustainable and advantageous electric energy supply.
(b) The task force consists of:
(1) ten members of the house of representatives including the chairs of the environment and natural resources and
regulated industries and energy committees and six eight members to be appointed by the speaker of the
house, four of whom must be from the minority caucus;
(2) ten members of the senate including the chairs of the environment and natural resources and jobs, energy, and
community development committees and six eight members to be appointed by the subcommittee on
committees, four of whom must be from the minority caucus.
(c) The task force may employ staff, contract for consulting services, and may reimburse the expenses of persons requested to assist it in its duties other than state employees or employees of electric utilities. The director of the legislative coordinating commission shall assist the task force in administrative matters. The task force shall elect cochairs, one member of the house and one member of the senate from among the committee chairs named to the committee. The task force members from the house shall elect the house cochair, and the task force members from the senate shall elect the senate cochair."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
| Abrams | Dehler | Kraus | Molnau | Pawlenty | Sviggum |
| Anderson, B. | Dempsey | Kuisle | Mulder | Reuter | Swenson, H. |
| Bettermann | Erhardt | Larsen | Nornes | Rhodes | Sykora |
| Boudreau | Finseth | Leppik | Olson, E. | Rifenberg | Tingelstad |
| Bradley | Haas | Lindner | Olson, M. | Seagren | Tompkins |
| Broecker | Harder | Macklin | Osskopp | Seifert | Van Dellen |
| Commers | Kielkucki | Mahon | Osthoff | Stanek | Weaver |
| Daggett | Knoblach | McElroy | Paulsen | Stang | Westfall |
Those who voted in the negative were:
| Anderson, I. | Farrell | Johnson, A. | Mariani | Pelowski | Tomassoni |
| Bakk | Folliard | Juhnke | McCollum | Peterson | Trimble |
| Biernat | Garcia | Kahn | McGuire | Pugh | Tunheim |
| Carlson | Greenfield | Kalis | Milbert | Rest | Vandeveer |
| Chaudhary | Gunther | Kelso | Mullery | Rostberg | Wagenius |
| Clark, K. | Hasskamp | Kinkel | Munger | Rukavina | Wejcman |
| Davids | Hausman | Koskinen | Murphy | Schumacher | Wenzel |
| Dawkins | Hilty | Krinkie | Ness | Sekhon | Westrom |
| Delmont | Holsten | Kubly | Opatz | Skare | Winter |
| Dorn | Huntley | Leighton | Orfield | Skoglund | Wolf |
| Entenza | Jaros | Lieder | Otremba, M. | Slawik | Workman |
| Erickson | Jefferson | Long | Ozment | Smith | Spk. Carruthers |
| Evans | Jennings | Mares | Paymar | Solberg | |
The motion did not prevail and the amendment was not adopted.
Jennings moved to amend H. F. No. 3654, the third engrossment, as amended, as follows:
Page 7, after line 8, insert:
"Subd. 12. [COST ALLOCATION.] (a) The legislative electric energy task force may require all parties
participating in activities under this section to pay the expenses reasonably attributable to each party's participation. Upon
request by the cochairs of the task force and upon approval of the legislative coordinating commission, the public utilities
commission shall
render a bill for those expenses ascertained by the task force to the parties participating in the activities. The public utilities
commission is authorized to submit billings to parties at intervals selected by the commission during the course of these
activities. The total amount assessed pursuant to this subdivision shall not exceed $300,000. The amount assessed under
this section is appropriated to the director of the legislative coordinating commission for the activities of the legislative
electric energy task force pursuant to this section.
(b) Except as otherwise provided in paragraph (c) for purposes of assessing the cost of an activity 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, 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.
(c) For assessment and billing purposes, "party" does not include the department of public service, the public utilities commission, the residential and small business utilities division of the office of the attorney general, or any type or combination of political subdivision; any entity or group instituted primarily for the purpose of mutual help and not conducted for profit; intervenors awarded compensation under Minnesota Statutes 1996, section 216B.16, 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 electric services."
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 Jennings amendment and the roll was called. There were 12 yeas and 112 nays as follows:
Those who voted in the affirmative were:
| Dawkins | Hausman | Jennings | Olson, M. | Trimble | Wolf |
| Entenza | Holsten | McElroy | Sykora | Wagenius | Workman |
Those who voted in the negative were:
| Abrams | Erhardt | Kahn | Mariani | Pawlenty | Solberg |
| Anderson, B. | Erickson | Kalis | McCollum | Paymar | Stanek |
| Anderson, I. | Evans | Kelso | McGuire | Pelowski | Stang |
| Bakk | Farrell | Kielkucki | Milbert | Peterson | Sviggum |
| Bettermann | Finseth | Knoblach | Molnau | Pugh | Swenson, H. |
| Biernat | Folliard | Koskinen | Mulder | Rest | Tingelstad |
| Bishop | Garcia | Kraus | Mullery | Reuter | Tomassoni |
| Boudreau | Greenfield | Krinkie | Munger | Rhodes | Tompkins |
| Bradley | Greiling | Kubly | Murphy | Rifenberg | Tunheim |
| Broecker | Gunther | Kuisle | Ness | Rostberg | Van Dellen |
| Carlson | Haas | Larsen | Nornes | Rukavina | Vandeveer |
| Chaudhary | Harder | Leighton | Olson, E. | Schumacher | Weaver |
| Commers | Hasskamp | Leppik | Opatz | Seagren | Wejcman |
| Daggett | Hilty | Lieder | Orfield | Seifert | Wenzel |
| Davids | Huntley | Lindner | Osskopp | Sekhon | Westfall |
| Dehler | Jaros | Long | Osthoff | Skare | Westrom |
| Delmont | Jefferson | Macklin | Otremba, M. | Skoglund | Winter |
| Dempsey | Johnson, A. | Mahon | Ozment | Slawik | |
| Dorn | Juhnke | Mares | Paulsen | Smith | |
The motion did not prevail and the amendment was not adopted.
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.
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 117 yeas and
9 nays as follows:
Those who voted in the affirmative were:
| Anderson, B. | Erhardt | Johnson, A. | McCollum | Rest | Tingelstad |
| Bakk | Erickson | Juhnke | McElroy | Reuter | Tomassoni |
| Bettermann | Evans | Kahn | McGuire | Rhodes | Tompkins |
| Biernat | Farrell | Kalis | Milbert | Rifenberg | Trimble |
| Bishop | Finseth | Kelso | Molnau | Rostberg | Tunheim |
| Boudreau | Folliard | Kielkucki | Mulder | Rukavina | Van Dellen |
| Bradley | Garcia | Kinkel | Mullery | Schumacher | Vandeveer |
| Broecker | Greenfield | Knoblach | Murphy | Seagren | Wagenius |
| Carlson | Greiling | Koskinen | Ness | Seifert | Weaver |
| Chaudhary | Gunther | Kubly | Nornes | Sekhon | Wejcman |
| Clark, K. | Haas | Kuisle | Opatz | Skare | Wenzel |
| Commers | Harder | Larsen | Orfield | Skoglund | Westfall |
| Daggett | Hasskamp | Leighton | Osskopp | Slawik | Westrom |
| Davids | Hausman | Leppik | Ozment | Smith | Winter |
| Dawkins | Hilty | Lieder | Paulsen | Solberg | Wolf |
| Dehler | Holsten | Lindner | Pawlenty | Stanek | Workman |
| Delmont | Huntley | Long | Paymar | Stang | Spk. Carruthers |
| Dempsey | Jaros | Macklin | Pelowski | Sviggum | |
| Dorn | Jefferson | Mares | Peterson | Swenson, H. | |
| Entenza | Jennings | Mariani | Pugh | Sykora | |
Those who voted in the negative were:
| Abrams | Kraus | Mahon | Olson, M. | Otremba, M. |
| Anderson, I. | Krinkie | Olson, E. | Osthoff | |
The bill was passed, as amended, and its title agreed to.
LEGISLATIVE ADMINISTRATION
Winter from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:
S. F. Nos. 535 and 3084.
S. F. No. 535 was reported to the House.
Evans moved to amend S. F. No. 535, the unofficial engrossment, as follows:
| Abrams | Dehler | Kraus | Nornes | Seifert | Weaver |
| Anderson, B. | Dempsey | Krinkie | Olson, M. | Smith | Westfall |
| Bettermann | Erhardt | Kuisle | Osskopp | Stanek | Westrom |
| Bishop | Erickson | Leppik | Osthoff | Stang | Wolf |
| Boudreau | Finseth | Lindner | Ozment | Sviggum | Workman |
| Bradley | Haas | Macklin | Pawlenty | Swenson, H. | |
| Broecker | Harder | Mares | Reuter | Sykora | |
| Commers | Holsten | Molnau | Rhodes | Tingelstad | |
| Daggett | Kielkucki | Mulder | Rifenberg | Tompkins | |
| Davids | Knoblach | Ness | Rostberg | Van Dellen | |
| Anderson, I. | Folliard | Johnson, A. | Mahon | Otremba, M. | Skoglund |
| Bakk | Garcia | Juhnke | Mariani | Paulsen | Slawik |
| Biernat | Greenfield | Kahn | McCollum | Paymar | Solberg |
| Carlson | Greiling | Kalis | McElroy | Pelowski | Tomassoni |
| Chaudhary | Gunther | Kelso | McGuire | Peterson | Trimble |
| Clark, K. | Hasskamp | Kinkel | Milbert | Pugh | Tunheim |
| Dawkins | Hausman | Koskinen | Mullery | Rest | Vandeveer |
| Delmont | Hilty | Kubly | Munger | Rukavina | Wagenius |
| Dorn | Huntley | Larsen | Murphy | Schumacher | Wejcman |
| Entenza | Jaros | Leighton | Olson, E. | Seagren | Wenzel |
| Evans | Jefferson | Lieder | Opatz | Sekhon | Winter |
| Farrell | Jennings | Long | Orfield | Skare | Spk. Carruthers |
So it was the judgment of the House that the Abrams point of order was not well taken and the Evans amendment in order.
The question recurred on the Evans amendment to S. F. No. 535, the unofficial engrossment. The motion prevailed and the amendment was adopted.
S. F. No. 535, A bill for an act relating to the metropolitan council; providing for service redesign and employee compensation for exceeding redesign plan goals; establishing a pilot project for greater efficiency in the provision of metropolitan council services; proposing coding for new law in Minnesota Statutes, chapter 473.
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 82 yeas and 43 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Greenfield | Kalis | McCollum | Paymar | Solberg |
| Bakk | Greiling | Kelso | McElroy | Pelowski | Swenson, H. |
| Biernat | Gunther | Kinkel | McGuire | Peterson | Tomassoni |
| Broecker | Haas | Koskinen | Milbert | Pugh | Trimble |
| Carlson | Hasskamp | Kubly | Mullery | Rest | Tunheim |
| Chaudhary | Hausman | Kuisle | Munger | Rhodes | Vandeveer |
| Clark, K. | Hilty | Larsen | Murphy | Rostberg | Wagenius |
| Dawkins | Huntley | Leighton | Olson, E. | Rukavina | Wejcman |
| Dorn | Jaros | Leppik | Opatz | Schumacher | Wenzel |
| Entenza | Jefferson | Lieder | Orfield | Seagren | Westrom |
| Evans | Jennings | Long | Osskopp | Sekhon | Winter |
| Farrell | Johnson, A. | Mahon | Otremba, M. | Skare | Spk. Carruthers |
| Folliard | Juhnke | Mares | Ozment | Skoglund | |
| Garcia | Kahn | Mariani | Paulsen | Slawik | |
Those who voted in the negative were:
| Abrams | Davids | Kielkucki | Ness | Stanek | Westfall |
| Anderson, B. | Dehler | Knoblach | Nornes | Stang | Wolf |
| Bettermann | Dempsey | Kraus | Olson, M. | Sviggum | Workman |
| Bishop | Erhardt | Krinkie | Osthoff | Sykora | |
| Boudreau | Erickson | Lindner | Pawlenty | Tingelstad | |
| Bradley | Finseth | Macklin | Reuter | Tompkins | |
Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8688 |
|||||
| Commers | Harder | Molnau | Rifenberg | Van Dellen | |
| Daggett | Holsten | Mulder | Seifert | Weaver | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 3084, A bill for an act relating to reemployment insurance; providing additional benefits for certain individuals on layoff from a certain employer; providing an exemption from certain requirements.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 74 yeas and 52 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Farrell | Juhnke | McCollum | Paymar | Solberg |
| Bakk | Folliard | Kahn | McGuire | Pelowski | Tomassoni |
| Biernat | Garcia | Kalis | Milbert | Peterson | Trimble |
| Carlson | Greenfield | Kelso | Mullery | Pugh | Tunheim |
| Chaudhary | Greiling | Kinkel | Munger | Rest | Wagenius |
| Clark, K. | Hasskamp | Koskinen | Murphy | Rostberg | Wejcman |
| Dawkins | Hausman | Kubly | Olson, E. | Rukavina | Wenzel |
| Dehler | Hilty | Leighton | Opatz | Schumacher | Winter |
| Delmont | Huntley | Lieder | Orfield | Sekhon | Spk. Carruthers |
| Dempsey | Jaros | Long | Osskopp | Skare | |
| Dorn | Jefferson | Mahon | Osthoff | Skoglund | |
| Entenza | Jennings | Mares | Otremba, M. | Slawik | |
| Evans | Johnson, A. | Mariani | Ozment | Smith | |
Those who voted in the negative were:
| Abrams | Davids | Knoblach | Molnau | Rifenberg | Van Dellen |
| Anderson, B. | Erhardt | Kraus | Mulder | Seagren | Vandeveer |
| Bettermann | Erickson | Krinkie | Ness | Seifert | Weaver |
| Bishop | Finseth | Kuisle | Nornes | Stanek | Westfall |
| Boudreau | Gunther | Larsen | Olson, M. | Stang | Westrom |
| Bradley | Haas | Leppik | Paulsen | Sviggum | Wolf |
| Broecker | Harder | Lindner | Pawlenty | Swenson, H. | Workman |
| Commers | Holsten | Macklin | Reuter | Sykora | |
| Daggett | Kielkucki | McElroy | Rhodes | Tingelstad | |
The bill was passed and its title agreed to.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Larsen 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 S. F. No. 2149." The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2118:
Jefferson, Mullery and Leppik.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2256:
Greiling, Skoglund and Abrams.
Pursuant to Article IV, Section 11, of the Minnesota Constitution, we the undersigned members register our protest and dissent regarding the action of Speaker Phil Carruthers on the floor of the House, Thursday, March 26, 1998, when the Speaker locked the voting board and refused to allow members to vote during the roll call on Senate File 41, the bill calling for a Constitutional Amendment Declaring the Right to Hunt, Fish and Take Game in the State of Minnesota.
The offensive action took place on the second portion of the Sviggum amendment which would have changed the wording of the constitutional amendment to declare it a "right" and not merely a "privilege" to hunt, fish and take game in the State of Minnesota. Speaker Carruthers, who was opposed to this amendment, locked and refused to reopen the voting board when the tally indicated to him that he had sufficient votes to defeat the amendment. Contrary to custom and usage in the House of Representatives, the Speaker refused to recognize members wishing to vote or change their vote even though those members were properly standing at their desks and were requesting to be recognized.
Such abuse of power in not recognizing and not allowing members to vote is self-serving, arrogant, heavy-handed and disenfranchises members from representing their constituencies. This outrageous, dictatorial behavior cannot and must not be tolerated in our representative form of government.
We, the undersigned Members of the House of Representatives, therefore, request that Speaker Carruthers publicly apologize to the Members of the House who wished to vote or change their vote on the Sviggum amendment but were prevented from doing so because the voting board was locked. We further request that the apology be duly entered into the Journal of the Minnesota House of Representatives.
Signed:
Steve Sviggum Alice M. Seagren
Eileen Tompkins Michelle Rifenberg
Hilda Bettermann Erik Paulsen
Sherry Broecker William Kuisle
Kevin Goodno Ken Wolf
Doug Reuter R. Mulder
Ron Abrams Henry Van Dellen
Jim Rostberg Steven B. Dehler
Bruce D. Anderson Bob Gunther
Arlon W. Lindner Dan C. McElroy
Barbara J. Sykora Mark Olson
M. Osskopp T. Workman
Sondra Erickson Doug Stang
Bud Nornes Philip Krinkie
Steve Smith Jerry Dempsey