In obedience to the Proclamation of the Honorable Arne H. Carlson, Governor of the State of Minnesota, summoning the two Houses of the Legislature to meet in Special Session, the members of the House of Representatives assembled in the Chamber of the House of Representatives at the Capitol in Saint Paul on Monday, the twentieth day of April 1998, at 8:00 a.m.

Whereas, The Eightieth Legislature adjourned without enacting legislation to clarify that it is the public policy and intent of the State of Minnesota to allow recovery for fraud pursuant to Minnesota Statutes, Section 604.10; and

Whereas, The Eightieth Legislature adjourned without enacting certain and limited legislation pertaining to Economic Development, and Early Childhood and Family Education; and

Whereas, The time permitted by law for passage of such legislation during the 1998 Session for the Legislature has expired, and an extraordinary occasion is thereby created; and

Whereas, the people of Minnesota are best served by a prompt conclusion of legislative business, and a majority of the elected leaders of the Legislature have agreed on the aforementioned limited agenda of laws to be enacted, and procedures to complete a special session;

Now, Therefore, I, Arne H. Carlson, Governor of the State of Minnesota, do hereby summon you, members of the Legislature, to convene in Special Session on April 20, 1998, at 8:00 a.m. at the Capitol in Saint Paul, Minnesota.

In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this twentieth day of April in the year one thousand nine hundred and ninety-eight, and of the State the one hundred thirty-ninth.

Joan Anderson Growe Arne H. Carlson

Secretary of State Governor

At the hour of 8:00 a.m. and pursuant to the Proclamation of the Governor and pursuant to Minnesota Statutes 1996, Section 3.073, the Honorable Phil Carruthers, Speaker of the House, called the House of Representatives to order.

Prayer was offered by the Reverend Ronald A. Smith, House Chaplain.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

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

A quorum was present.

Bettermann, Commers, Kraus and Luther were excused.

Pursuant to Minnesota Statutes 1996, Section 3.073, the Speaker declared the House of Representatives organized for the 1998 Special Session.

Winter moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is now duly organized pursuant to law for this Special Session. The motion prevailed.

The following House Files were introduced:

Trimble, Kinkel and Clark, K., introduced:

H. F. No. 1, A bill for an act relating to the operation of state government; appropriating money for economic development, housing, family and early childhood, and related programs; modifying community action program provisions; modifying various programs and projects; providing for a grant limit exception; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 115C.09, by adding a subdivision; 268.52, subdivisions 1 and 2; 268.54, subdivision 2; 383B.79, subdivision 1, and by adding a subdivision; and 469.303; Minnesota Statutes 1997 Supplement, sections 115C.09, subdivision 3f; 116J.421, subdivision 1, and by adding a subdivision; 179A.03, subdivision 7; and 268.53, subdivision 5; Laws 1997, chapter 162, article 4, section 63, subdivision 2.

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

Tunheim, Carruthers, Bishop and Winter introduced:

H. F. No. 2, A bill for an act relating to civil actions; clarifying the effect of the economic loss statute on actions based upon fraud or intentional misrepresentation; amending Minnesota Statutes 1996, section 604.10.

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

Long, Jaros and Rukavina introduced:

H. F. No. 3, A bill for an act relating to appropriations; appropriating money for the community rehabilitation program.

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

The following House Advisory was introduced:

Clark, K.; Wagenius; Biernat; Skoglund and Mullery introduced:

H. A. No. 1, A proposal to study certain constitutional and civil rights.

The advisory was referred to the Committee on Judiciary.

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

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Winter moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

Knight and Ness were excused for the remainder of today's session.

Winter moved that the call of the House be suspended. The motion prevailed and it was so ordered.

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

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

The following House Files were introduced:

Bakk introduced:

H. F. No. 4, A bill for an act relating to natural resources; modifying interference with taking of wild animal provision; regulating entry into migratory waterfowl refuges; providing fees for certain hunting guides; licensing moose hunting guides; providing for the acquisition of critical aquatic habitat; modifying commercial netting provisions; prohibiting the use of

underwater video equipment to take fish; exempting archery bows used for bowfishing from casing requirement; prohibiting the taking of white bears; permitting the commissioner to take catfish in certain waters; modifying minnow retailer provisions; modifying turtle license provisions; requiring the commissioner of natural resources to study lifetime hunting and fishing licenses; requiring the commissioner of natural resources to study the modification of species restrictions on shooting preserves; requiring the commissioner of natural resources to study the effect of cormorants on the fish population in this state; authorizing the public sale of certain tax-forfeited land that borders public water in Mower county; authorizing the sale of certain school trust land bordering public waters in St. Louis county; modifying private sale of tax-forfeited land provisions for Carlton county; authorizing the private sale of certain lands in Aitkin county; authorizing the sale of certain tax-forfeited land in Douglas county; authorizing the private sale of certain tax-forfeited peat land in St. Louis county; designating certain lands as a waterfowl refuge; amending Minnesota Statutes 1996, sections 86A.04; 97A.037, subdivision 1; 97A.095, subdivision 1; 97B.051; 97B.411; 97C.041; 97C.325; 97C.501, subdivision 1; and 97C.605, subdivisions 1 and 2; Minnesota Statutes 1997 Supplement, sections 97A.475, subdivisions 16 and 30; and 97C.501, subdivision 2; Laws 1997, chapter 207, section 7; proposing coding for new law in Minnesota Statutes, chapters 97B; and 97C.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Slawik and Rest introduced:

H. F. No. 5, 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; dedicating the swamp land fund and proceeds derived from certain swamp lands to a permanent children's endowment fund; maximizing the long-term total return to the fund; requiring an advisory task force to evaluate funding sources and propose a governance structure for the endowment; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Smith and Olson, M., introduced:

H. F. No. 6, A bill for an act relating to education; providing for a tax exemption for post-secondary educational savings; amending Minnesota Statutes 1997 Supplement, section 290.01, subdivisions 19a and 19b.

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

The following messages were received from the Senate:

Mr. Speaker:

This is to notify you that the Senate is now duly organized for the 1998 Special Session pursuant to the Minnesota Constitution and Minnesota Statutes.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 2, 1, 8 and 6.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

This is to notify you that the Senate is about to adjourn the 1998 Special Session sine die.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2, A bill for an act relating to the operation of state government; creating the Minnesota family assets for independence pilot project; appropriating money for economic development, housing, family and early childhood, and related programs; modifying community action program provisions; modifying various programs and projects; providing for a grant limit exception; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 115C.09, by adding a subdivision; 268.52, subdivisions 1 and 2; 268.54, subdivision 2; 383B.79, subdivision 1, and by adding a subdivision; and 469.303; Minnesota Statutes 1997 Supplement, sections 115C.09, subdivision 3f; 116J.421, subdivision 1, and by adding a subdivision; 179A.03, subdivision 7; and 268.53, subdivision 5; Laws 1997, chapters 162, article 4, section 63, subdivision 2; 248, section 47, subdivision 1.

The bill was read for the first time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Trimble moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2 be given its second and third readings and be placed upon its final passage.

A roll call was requested and properly seconded.

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

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

There were 70 yeas and 56 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Dempsey	Krinkie	Nornes	Seifert	Vandeveer
Anderson, B.	Erhardt	Kuisle	Olson, M.	Smith	Weaver
Bishop	Erickson	Larsen	Osskopp	Stanek	Westfall
Boudreau	Goodno	Leppik	Ozment	Stang	Westrom
Bradley	Gunther	Lindner	Paulsen	Sviggum	Wolf
Broecker	Haas	Macklin	Reuter	Swenson, H.	Workman
Clark, J.	Harder	Mares	Rhodes	Sykora
Daggett	Holsten	McElroy	Rifenberg	Tingelstad
Journal of the House - 1st Day - Monday, April 20, 1998 - Top of Page 9
Davids	Kielkucki	Molnau	Rostberg	Tompkins
Dehler	Knoblach	Mulder	Seagren	Van Dellen

Not having received the constitutionally required two-thirds vote, the motion did not prevail.

S. F. No. 2 was referred to the Committee on Ways and Means.

S. F. No. 1, A bill for an act relating to civil actions; clarifying the effect of the economic loss statute on actions based upon fraud or intentional misrepresentation; amending Minnesota Statutes 1996, section 604.10.

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

S. F. No. 8, A bill for an act relating to legislative enactments; correcting miscellaneous noncontroversial oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending 1998 H. F. No. 2874, article 1, sections 44, subdivision 2; and 52; article 4, section 16; and article 5, section 54, subdivisions 4 and 6; 1998 H. F. No. 3840, article 8, section 48; article 12, sections 7, subdivision 2; and 9, subdivision 4; article 15, section 22; 1998 H. F. No. 3843, sections 2, subdivision 8; 5, subdivision 3; 7, subdivisions 9 and 33, 15, subdivision 5; 23, subdivision 4; and 25, subdivision 9; 1998 S. F. No. 2407, section 31; 1998 S. F. No. 3346, article 1, section 2, subdivision 3; article 3, section 23; and article 6, section 119; Minnesota Statutes 1996, sections 124A.22, subdivision 14, as amended; and 124A.29, subdivision 1, as amended; Minnesota Statutes 1997 Supplement, sections 124A.28, subdivision 1a, as amended; 297A.25, subdivision 11, as amended; and 626.556, subdivision 10f, as amended.

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

S. F. No. 6, A bill for an act relating to natural resources; allowing grant-in-aid funds to be used on snowmobile trails in Voyageurs National Park; modifying interference with taking of wild animal provision; regulating entry into migratory waterfowl refuges; providing fees for certain hunting guides; licensing moose hunting guides; providing for the acquisition of critical aquatic habitat; modifying commercial netting provisions; prohibiting the use of underwater video equipment to take fish; exempting archery bows used for bowfishing from casing requirement; prohibiting the taking of white bears; permitting the commissioner to take catfish in certain waters; modifying minnow retailer provisions; modifying turtle license provisions; requiring the commissioner of natural resources to study lifetime hunting and fishing licenses; requiring the commissioner of natural resources to study the modification of species restrictions on shooting preserves; requiring the commissioner of natural resources to study the effect of cormorants on the fish population in this state; authorizing the public sale of certain tax-forfeited land that borders public water in Mower county; authorizing the sale of certain school trust land bordering public waters in St. Louis county; modifying private sale of tax-forfeited land provisions for Carlton county; authorizing the private sale of certain lands in Aitkin county; authorizing the sale of certain tax-forfeited land in Douglas county; authorizing the private sale of certain tax-forfeited peat land in St. Louis county; designating certain lands as a waterfowl refuge; requiring a certain level of walleye fingerlings to be stocked in 1998; requiring hearings on walleye stocking; amending Minnesota Statutes 1996, sections 84.83, subdivision 3; 86A.04; 97A.037, subdivision 1; 97A.095, subdivision 1; 97B.051; 97B.411; 97C.041; 97C.325; 97C.501, subdivision 1; and 97C.605, subdivisions 1 and 2; Minnesota Statutes 1997 Supplement, sections 97A.475, subdivisions 16 and 30; and 97C.501, subdivision 2; Laws 1997, chapter 207, section 7; proposing coding for new law in Minnesota Statutes, chapters 97B; and 97C.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Tunheim moved that the name of Skoglund be added as an author on H. F. No. 2. The motion prevailed.

Pursuant to Article IV, Section 11, of the Minnesota Constitution, we the undersigned members of the Minnesota House of Representatives register our protest and dissent regarding the following actions:

On Thursday, April 9, 1998, a motion was made by Representative Solberg to reconsider the action whereby the Conference Committee report on S. F. No. 3353 had not been adopted. Representative Abrams rose to a point of order under Rule 3.04. That rule provides that the motion to reconsider is in order "provided that such motion is made either on the same day the vote was taken or within the following two days of actual session of the House." Five days had passed between the time the motion to adopt the Conference Report was defeated and the motion to reconsider. Representative Opatz was in the Chair and ruled that the Point of Order was not well taken. We the undersigned believe that the ruling was clearly and blatantly in conflict with the rules of the House and is injurious to the public interest. Therefore, we the undersigned request that this Protest and Dissent be duly entered into the Journal of the Minnesota House of Representatives.

Signed:

Dan McElroy Mike Osskopp Kevin Goodno

Peggy Leppik Phil Krinkie Arlon W. Lindner

Jim Knoblach Doug Reuter Jim Rostberg

Barb Sykora Bud Nornes Howard Swenson

Ron Erhardt Steven B. Dehler James T. Clark

Carol Molnau Ken Wolf Douglas D. Stang

Ron Abrams Bruce D. Anderson Erik Paulsen

Jerry Dempsey William Kuisle Tony Kielkucki

Francis A. Bradley Bill Macklin Michelle Rifenberg

R. W. Stanek Bob Gunther Steve Smith

Kathy Tingelstad Mark Olson Henry Van Dellen

Torrey Westrom T. Workman Mark Holsten

Elaine Harder Charlie Weaver Roxann Daggett

William Haas Sondra Erickson Alice Seagren

Lynda Boudreau Steve Sviggum Eileen Tompkins

Sherry Broeker Richard Mulder Ray Vandeveer

Dennis Ozment

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, April 21, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, April 21, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives