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 Representative Gary Kubly, District 15B, Granite Falls, Minnesota.

The roll was called and the following members were present:

Abrams	Erickson	Juhnke	Mariani	Pelowski	Sykora
Anderson, B.	Evans	Kahn	Marko	Peterson	Tingelstad
Anderson, I.	Farrell	Kalis	McCollum	Pugh	Tomassoni
Bakk	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	Nornes	Seifert	Wejcman
Clark, K.	Hasskamp	Kuisle	Olson, E.	Sekhon	Wenzel
Daggett	Hausman	Larsen	Olson, M.	Skare	Westfall
Davids	Hilty	Leighton	Opatz	Skoglund	Westrom
Dawkins	Holsten	Leppik	Orfield	Slawik	Winter
Dehler	Huntley	Lieder	Osthoff	Smith	Wolf
Delmont	Jaros	Lindner	Otremba, M.	Solberg	Workman
Dempsey	Jefferson	Long	Ozment	Stanek	Spk. Carruthers
Dorn	Jennings	Macklin	Paulsen	Stang
Entenza	Johnson, A.	Mahon	Pawlenty	Sviggum
Erhardt	Johnson, R.	Mares	Paymar	Swenson, H.

A quorum was present.

Luther and Ness were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Delmont 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 House Files were introduced:

Skoglund and Rhodes introduced:

H. F. No. 7, 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. 3840, article 8, section 48; article 12, sections 7, subdivision 2; and 9, subdivision 4; article 15, section 22; 1998 H.F. No. 3843, section 7, subdivision 9; Minnesota Statutes 1997 Supplement, section 297A.25, subdivision 11, as amended.

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

Paymar introduced:

H. F. No. 8, A bill for an act relating to highways; imposing certain restrictions on final design plans of the commissioner of transportation relating to the reconstruction or replacement of the Mississippi River bridge on marked interstate highway No. 35-E.

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

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. 2, 1 and 8.

S. F. No. 2 was reported to the House.

Sviggum moved to amend S. F. No. 2 as follows:

Page 21, after line 49, insert:

Section 1. [APPROPRIATION REDUCTIONS FOR CERTAIN CAPITAL PROJECTS.]

To fund the appropriations made in this act without increasing overall state spending, the sum of the general fund appropriations in Laws 1998, chapter 404, are reduced from $500,047,000 to $488,047,000. Each individual general fund appropriation in chapter 404 is reduced commensurately to accomplish the $12,000,000 reduction."

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 53 yeas and 76 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

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.	Macklin	Pawlenty	Sviggum
Anderson, B.	Erickson	Johnson, R.	Mahon	Paymar	Swenson, H.
Anderson, I.	Evans	Juhnke	Mares	Pelowski	Sykora
Bakk	Farrell	Kahn	Mariani	Peterson	Tingelstad
Biernat	Finseth	Kalis	Marko	Pugh	Tomassoni
Bishop	Folliard	Kelso	McCollum	Reuter	Tompkins
Boudreau	Garcia	Kielkucki	McElroy	Rhodes	Trimble
Bradley	Goodno	Kinkel	McGuire	Rifenberg	Tuma
Broecker	Greenfield	Knight	Milbert	Rostberg	Tunheim
Carlson	Greiling	Knoblach	Molnau	Rukavina	Van Dellen
Chaudhary	Gunther	Koskinen	Mulder	Schumacher	Vandeveer
Clark, J.	Haas	Kraus	Mullery	Seagren	Wagenius
Journal of the House - 3rd Day - Wednesday, April 22, 1998 - Top of Page 18
Clark, K.	Harder	Krinkie	Munger	Seifert	Weaver
Daggett	Hasskamp	Kubly	Nornes	Sekhon	Wejcman
Davids	Hausman	Kuisle	Olson, M.	Skare	Wenzel
Dawkins	Hilty	Larsen	Opatz	Skoglund	Westfall
Dehler	Holsten	Leighton	Orfield	Slawik	Westrom
Delmont	Huntley	Leppik	Osthoff	Smith	Winter
Dempsey	Jaros	Lieder	Otremba, M.	Solberg	Wolf
Dorn	Jefferson	Lindner	Ozment	Stanek	Workman
Entenza	Jennings	Long	Paulsen	Stang	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.

Sviggum moved to amend S. F. No. 2 as follows:

Page 1, after line 21, insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 121.88, subdivision 10, is amended to read:

Subd. 10. [EXTENDED DAY SCHOOL-AGE CARE PROGRAMS.] (a) A school board may offer, as part of a community education program, an extended day a school-age care program for children from kindergarten through grade 6 for the purpose of expanding students' learning opportunities. If the school board chooses not to offer a school-age care program, it may allow an appropriate insured community group, for profit entity or nonprofit organization to use available school facilities for the purpose of offering a school-age care program.

(b) A school-age care program must include the following:

(1) adult supervised programs while school is not in session;

(2) parental involvement in program design and direction;

(3) partnerships with the K-12 system, and other public, private, or nonprofit entities; and

(4) opportunities for trained secondary school pupils to work with younger children in a supervised setting as part of a community service program.; and

(5) access to available school facilities, including the gymnasium, sports equipment, computer labs, and media centers, when not otherwise in use as part of the operation of the school. The school district may establish reasonable rules relating to access to these facilities and may require that:

(i) the organization request access to the facilities and prepare and maintain a schedule of proposed use;

(ii) the organization provide evidence of adequate insurance to cover the activities to be conducted in the facilities; and

(iii) the organization prepare and maintain a plan demonstrating the adequacy and training of staff to supervise the use of the facilities.

(b) (c) The district may charge a sliding fee based upon family income for extended day school-age care programs. The district may receive money from other public or private sources for the extended day school-age care program. The school board of the district shall develop standards for school-age child care programs. Districts with programs in operation before July 1, 1990, must adopt standards before October 1, 1991. All other districts must adopt standards within one year after the district first offers services under a program authorized by this subdivision. The state board of education may not adopt rules for extended day school-age care programs.

(c) (d) The district shall maintain a separate account within the community services fund for all funds related to the extended day school-age care program.

(e) A district is encouraged to coordinate the school-age care program with its special education, vocational education, adult basic education, early childhood family education programs, K-12 instruction and curriculum services, youth development and youth service agencies, and with related services provided by other governmental agencies and nonprofit agencies."

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 Sviggum amendment and the roll was called.

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

There were 55 yeas and 74 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Sviggum moved to amend S. F. No. 2 as follows:

Page 21, after line 49, insert:

Section 1. Minnesota Statutes 1996, section 289A.50, subdivision 1, is amended to read:

Subdivision 1. [GENERAL RIGHT TO REFUND.] (a) Subject to the requirements of this section and section 289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully due and who files a written claim for refund will be refunded or credited the overpayment of the tax determined by the commissioner to be erroneously paid.

(b) The claim must specify the name of the taxpayer, the date when and the period for which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer claims was erroneously paid, the grounds on which a refund is claimed, and other information relative to the payment and in the form required by the commissioner. An income tax, estate tax, or corporate franchise tax return, or amended return claiming an overpayment constitutes a claim for refund.

(c) When, in the course of an examination, and within the time for requesting a refund, the commissioner determines that there has been an overpayment of tax, the commissioner shall refund or credit the overpayment to the taxpayer and no demand is necessary. If the overpayment exceeds $1, the amount of the overpayment must be refunded to the taxpayer. If the amount of the overpayment is less than $1, the commissioner is not required to refund. In these situations, the commissioner does not have to make written findings or serve notice by mail to the taxpayer.

(d) If the amount allowable as a credit for withholding, estimated taxes, or dependent care exceeds the tax against which the credit is allowable, the amount of the excess is considered an overpayment. The refund allowed by section 290.06, subdivision 23, is also considered an overpayment. The requirements of section 270.10, subdivision 1, do not apply to the refunding of such an overpayment shown on the original return filed by a taxpayer.

(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes, penalties, and interest reported in the return of the entertainment entity or imposed by section 290.9201, the excess must be refunded to the entertainment entity. If the excess is less than $1, the commissioner need not refund that amount.

(f) If the surety deposit required for a construction contract exceeds the liability of the out-of-state contractor, the commissioner shall refund the difference to the contractor.

(g) An action of the commissioner in refunding the amount of the overpayment does not constitute a determination of the correctness of the return of the taxpayer.

(h) There is appropriated from the general fund to the commissioner of revenue the amount necessary to pay refunds allowed under this section.

Sec. 2. Minnesota Statutes 1996, section 290.01, subdivision 6, is amended to read:

Subd. 6. [TAXPAYER.] The term "taxpayer" means any person or corporation subject to a tax imposed by this chapter. For purposes of section 290.06, subdivision 23, the term "taxpayer" means an individual eligible to vote in Minnesota under section 201.014.

Sec. 3. [REPEALER.]

Subdivision 1. [REPEAL.] Minnesota Statutes 1997 Supplement, section 290.06, subdivision 23, is repealed.

Subd. 2. [USE OF SAVINGS.] The savings to the general fund for fiscal year 1999 by the repeal of the political contribution credit in subdivision 1 are to fund the increase in the appropriation for sliding fee child care assistance under article 2, section 1.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective for political contributions made after June 30, 1998."

Amend the title accordingly

A roll call was requested and properly seconded.

Skoglund raised a point of order pursuant to rule 3.09 that the Sviggum amendment was not in order. The Speaker ruled the point of order not well taken and the Sviggum amendment in order.

The question recurred on the Sviggum amendment and the roll was called.

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

There were 56 yeas and 73 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Sviggum moved to amend S. F. No. 2 as follows:

Pages 1 to 11, delete articles 1 and 2 and insert:

Section 1. [APPROPRIATION; PROPERTY TAX REBATE.]

$11,000,000 for fiscal year 1999 is appropriated from the general fund to the commissioner of revenue to pay property tax rebates under 1998 H. F. No. 3840, article 1, section 1, if enacted. This amount is in addition to the amount appropriated under 1998 H. F. No. 3840, article 1, section 1, paragraph (i). The commissioner of revenue shall increase the percentage of qualified property tax under 1998 H. F. No. 3840, article 1, section 1, paragraph (a), if enacted, used to calculate the rebates so that the final rebate percentage includes the additional appropriation under this section."

Page 11, line 21, delete "3" and insert "2"

Page 11, line 22, delete "DEVELOPMENT" and insert "SECURITY"

Page 11, lines 23, delete "DEVELOPMENT APPROPRIATIONS" and insert "SECURITY APPROPRIATION"

Page 11, line 24, delete "APPROPRIATIONS" and insert "APPROPRIATION"

Page 11, delete lines 34 to 36

Page 12, delete line 1

Page 12, delete lines 6 to 55

Page 12, line 57, delete "2,326,000" and insert "1,000,000"

Page 12, delete line 58

Page 13, delete lines 1 and 2

Page 13, lines 3, delete "(a)"

Page 13, delete lines 11 to 57

Delete pages 14 to 19

Page 20, delete lines 1 to 17

Pages 20 and 21, delete article 4

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 Sviggum amendment and the roll was called.

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

There were 58 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

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 third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called.

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

There were 76 yeas and 53 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Finseth	Johnson, R.	Mariani	Paymar	Solberg
Bakk	Folliard	Juhnke	Marko	Pelowski	Tomassoni
Biernat	Garcia	Kahn	McCollum	Peterson	Trimble
Bishop	Greenfield	Kalis	McGuire	Pugh	Tunheim
Carlson	Greiling	Kelso	Milbert	Rest	Wagenius
Journal of the House - 3rd Day - Wednesday, April 22, 1998 - Top of Page 24
Chaudhary	Hasskamp	Kinkel	Mullery	Rhodes	Wejcman
Clark, K.	Hausman	Koskinen	Munger	Rukavina	Wenzel
Dawkins	Hilty	Kubly	Murphy	Schumacher	Westfall
Delmont	Huntley	Leighton	Olson, E.	Sekhon	Westrom
Dorn	Jaros	Lieder	Opatz	Skare	Winter
Entenza	Jefferson	Long	Orfield	Skoglund	Spk. Carruthers
Evans	Jennings	Macklin	Osthoff	Slawik
Farrell	Johnson, A.	Mahon	Otremba, M.	Smith

Those who voted in the negative were:

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

The bill was passed and its title agreed to.

S. F. No. 1 was reported to the House.

Rukavina and Farrell offered an amendment to S. F. No. 1.

Entenza raised a point of order pursuant to rule 3.09 that the Rukavina and Farrell amendment was not in order. The Speaker ruled the point of order well taken and the Rukavina and Farrell amendment out of order.

Krinkie moved to amend S. F. No. 1 as follows:

Page 1, delete line 25, and insert:

"(e) This section shall not be interpreted to bar claims for material misrepresentation or fraud under section 336.2-721."

Page 2, delete lines 1 and 2

A roll call was requested and properly seconded.

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

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

There were 21 yeas and 107 nays as follows:

Those who voted in the affirmative were:

Boudreau	Johnson, A.	Lindner	Osthoff	Tompkins	Workman
Erickson	Kielkucki	Molnau	Reuter	Van Dellen
Haas	Krinkie	Mulder	Rifenberg	Vandeveer
Jaros	Leppik	Olson, M.	Swenson, H.	Westfall

Those who voted in the negative were:

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

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

Haas and Mulder moved to amend S. F. No. 1 as follows:

Page 2, line 14, delete "pending on or"

A roll call was requested and properly seconded.

The question was taken on the Haas and Mulder amendment and the roll was called.

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

There were 16 yeas and 112 nays as follows:

Those who voted in the affirmative were:

Dehler	Jaros	Krinkie	Olson, M.	Reuter	Workman
Erickson	Johnson, A.	Lindner	Osthoff	Rhodes
Haas	Kielkucki	Mulder	Rest	Van Dellen

Those who voted in the negative were:

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

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

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 third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called.

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

There were 99 yeas and 30 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Jennings	Mahon	Peterson	Tompkins
Anderson, I.	Evans	Johnson, R.	McElroy	Pugh	Trimble
Biernat	Farrell	Juhnke	McGuire	Rukavina	Tuma
Bishop	Finseth	Kahn	Milbert	Schumacher	Tunheim
Boudreau	Folliard	Kalis	Molnau	Seagren	Vandeveer
Bradley	Garcia	Kinkel	Mullery	Seifert	Wagenius
Broecker	Goodno	Knight	Munger	Sekhon	Weaver
Carlson	Greenfield	Knoblach	Murphy	Skare	Wejcman
Chaudhary	Greiling	Koskinen	Nornes	Skoglund	Wenzel
Clark, J.	Gunther	Kraus	Olson, E.	Smith	Westfall
Daggett	Harder	Kubly	Orfield	Solberg	Westrom
Davids	Hasskamp	Kuisle	Otremba, M.	Stanek	Winter
Dawkins	Hausman	Larsen	Ozment	Stang	Wolf
Delmont	Hilty	Leighton	Paulsen	Sviggum	Spk. Carruthers
Dempsey	Holsten	Lieder	Pawlenty	Swenson, H.
Dorn	Huntley	Long	Paymar	Sykora
Entenza	Jaros	Macklin	Pelowski	Tomassoni

Those who voted in the negative were:

Anderson, B.	Haas	Krinkie	Marko	Osthoff	Rostberg
Bakk	Jefferson	Leppik	McCollum	Rest	Slawik
Clark, K.	Johnson, A.	Lindner	Mulder	Reuter	Tingelstad
Dehler	Kelso	Mares	Olson, M.	Rhodes	Van Dellen
Erickson	Kielkucki	Mariani	Opatz	Rifenberg	Workman

The bill was passed and its title agreed to.

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 third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called.

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

There were 112 yeas and 17 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Knight	Kuisle	Molnau	Reuter	Van Dellen
Broecker	Knoblach	Larsen	Olson, M.	Seifert	Workman
Kielkucki	Krinkie	Lindner	Paulsen	Smith

The bill was passed and its title agreed to.

Winter moved that the Chief Clerk be and is hereby authorized to correct and approve the Journal of the House, 1998 Special Session, for today, Wednesday, April 22, 1998, and that he be authorized to include in the Journal for today any subsequent proceedings. The motion prevailed.

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 about to adjourn this 1998 Special Session sine die. The motion prevailed.

Winter moved that the House adjourn sine die for the 1998 Special Session. The motion prevailed, and the Speaker declared the House stands adjourned sine die for the 1998 Special Session.

Edward A. Burdick, Chief Clerk, House of Representatives