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 Thursday, the twenty-third day of October 1997, at 10:30 a.m.

Whereas, Article IV, Section 12 of the Constitution of the State of Minnesota provides that a special session of the Legislature may be called by the Governor on extraordinary occasions; and

Whereas, The Eightieth Legislature adjourned without voting on or enacting essential legislation to provide funding for a new stadium for the Minnesota Twins, a professional baseball team; and

Whereas, Without funding for a new stadium, the Minnesota Twins will relocate which will create a detrimental economic impact, diminish the quality of life, and reduce the sense of community in the State of Minnesota; and

Whereas, The time permitted by law for passage of such legislation during the 1997 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, with a limited agenda and, to the extent possible, prior agreement on laws to be enacted;

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 October 23, 1997, at 10:30 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 October in the year of our Lord one thousand nine hundred and ninety-seven, and of the State the one hundred thirty-ninth.

Joan Anderson Growe Arne H. Carlson

Secretary of State Governor

At the hour of 10:30 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	Evans	Kahn	Mares	Pawlenty	Swenson, D.
Anderson, B.	Farrell	Kalis	Mariani	Paymar	Swenson, H.
Anderson, I.	Finseth	Kelso	Marko	Pelowski	Sykora
Bakk	Folliard	Kielkucki	McCollum	Peterson	Tingelstad
Bettermann	Garcia	Kinkel	McElroy	Pugh	Tomassoni
Biernat	Goodno	Knight	McGuire	Rest	Tompkins
Boudreau	Greenfield	Knoblach	Milbert	Reuter	Trimble
Bradley	Greiling	Koppendrayer	Molnau	Rhodes	Tuma
Broecker	Gunther	Koskinen	Mulder	Rifenberg	Tunheim
Carlson	Haas	Kraus	Mullery	Rostberg	Van Dellen
Chaudhary	Harder	Krinkie	Munger	Rukavina	Wagenius
Clark	Hasskamp	Kubly	Murphy	Schumacher	Weaver
Commers	Hausman	Kuisle	Ness	Seagren	Wejcman
Daggett	Hilty	Larsen	Nornes	Seifert	Wenzel
Davids	Holsten	Leighton	Olson, E.	Sekhon	Westfall
Dawkins	Huntley	Leppik	Olson, M.	Skare	Westrom
Dehler	Jaros	Lieder	Opatz	Skoglund	Winter
Delmont	Jefferson	Lindner	Orfield	Slawik	Wolf
Dempsey	Jennings	Long	Osskopp	Smith	Workman
Dorn	Johnson, A.	Luther	Osthoff	Solberg	Spk. Carruthers
Entenza	Johnson, R.	Macklin	Ozment	Stang
Erhardt	Juhnke	Mahon	Paulsen	Sviggum

A quorum was present.

Bishop, Stanek and Vickerman were excused.

Pursuant to Minnesota Statutes 1996, Section 3.073, the Speaker declared the House of Representatives organized for the 1997 Third 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 Third Special Session. The motion prevailed.

The members of the House paused for a moment of silence in honor of Representative Ken Otremba, District 11B, who passed away earlier this year.

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.

The following House Files were introduced:

Jennings and Rest introduced:

H. F. No. 1, A bill for an act relating to baseball; providing for a process to construct, fund, maintain, and govern a major league baseball park; providing for powers and duties of the metropolitan sports facilities commission; authorizing certain taxes, revenue distributions, bonds and other debt obligations, and allocations; appropriating money; amending Minnesota Statutes 1996, sections 297A.135, subdivisions 2, 3, 4, and by adding a subdivision; 349A.10, by adding a subdivision; 473.551, subdivision 8, and by adding subdivisions; 473.552; 473.553, subdivision 1; and 473.556, subdivisions 3, 4, 5, and by adding subdivisions; 473F.08, subdivision 5, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473; proposing coding for new law as Minnesota Statutes, chapter 473I.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Rest and Jennings introduced:

H. F. No. 2, A bill for an act relating to capital improvements; providing for a process to construct, fund, maintain, and govern a major league baseball park; providing for powers and duties of the metropolitan sports facilities commission; authorizing certain taxes, revenue distributions, bonds and other debt obligations, and allocations; proposing an amendment to the Minnesota Constitution, article XI, section 14 extending until the year 2011 the period during which at least 40 percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund; appropriating money for the baseball park, a professional hockey arena in the city of St. Paul, and the Minneapolis convention center; amending Minnesota Statutes 1996, sections 297A.135, subdivisions 2, 3, 4, and by adding a subdivision; 349A.10, subdivision 5, and by adding subdivisions; 473.551, subdivision 8, and by adding subdivisions; 473.552; 473.553, subdivision 1; 473.556, subdivisions 3, 4, 5, and by adding subdivisions; and 473F.08, subdivision 5, and by adding a subdivision; Laws 1986, chapter 396, section 2, subdivision 1, as amended; proposing coding for new law in Minnesota Statutes, chapter 473; proposing coding for new law as Minnesota Statutes, chapters 473I; and 473J; repealing Laws 1986, chapter 396, section 2, subdivision 2.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Jennings, Milbert and Rest introduced:

H. F. No. 3, A bill for an act relating to baseball; providing for a process to construct, fund, maintain, and govern a major league baseball park; providing for powers and duties of the metropolitan sports facilities commission; authorizing certain taxes, revenue distributions, bonds and other debt obligations, and allocations; appropriating money; amending Minnesota Statutes 1996, sections 297E.02, by adding a subdivision; 349.15, subdivision 3; 349A.10, subdivision 5, and by adding a subdivision; 473.551, subdivision 8, and by adding subdivisions; 473.552; 473.553, subdivisions 1, 2, 3, 4, and 5; and 473.556, subdivisions 3, 4, 5, and by adding subdivisions; Minnesota Statutes 1997 Supplement, sections 297A.259; 349.154, subdivision 2; and 349.19, subdivision 2a; proposing coding for new law in Minnesota Statutes, chapters 349A; and 473; proposing coding for new law as Minnesota Statutes, chapter 473I; repealing Minnesota Statutes 1996, section 473.553, subdivision 14.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Jennings and Rest, by request, introduced:

H. F. No. 4, A bill for an act relating to sports; providing for a process to construct, fund, maintain, and govern a major league baseball-only facility; providing for powers and duties of the governing entity; authorizing certain taxes, revenue distributions, bonds and other debt obligations, and allocations; appropriating money; amending Minnesota Statutes 1996,

sections 11A.24, by adding a subdivision; and 80A.15, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 297F.05, subdivisions 1, 3, and 4; 297F.08, subdivision 7; 297F.09, subdivision 2; and 297F.10, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 79; proposing coding for new law as Minnesota Statutes, chapter 473I.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Jennings, Carruthers and Rest introduced:

H. F. No. 5, A bill for an act relating to a baseball stadium; authorizing the metropolitan council to finance, construct, own and operate a baseball stadium in the metropolitan area; providing for members of the metropolitan council to serve four-year terms; appropriating money; amending Minnesota Statutes 1996, sections 349A.10, subdivision 5, and by adding a subdivision; 473.123, subdivision 2a; and 473F.08, subdivision 5, and by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 473I.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Rest, Winter, McElroy, Hausman and Ozment introduced:

H. F. No. 6, A bill for an act relating to the state lottery; proposing an amendment to the Minnesota Constitution to dedicate 60 percent of the net proceeds of the state lottery to a sports, recreation, and arts fund; authorizing the imposition of taxes and fees to finance a baseball stadium; authorizing the metropolitan stadium commission to enter into agreements for the financing of a baseball stadium; establishing a baseball stadium account in the state treasury; authorizing the commission to issue revenue bonds for the stadium; appropriating money; amending Minnesota Statutes 1996, sections 349A.10, subdivision 5; and 473.556, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

McCollum and Goodno introduced:

H. F. No. 7, A bill for an act relating to the state lottery; proposing an amendment to the Minnesota Constitution to dedicate 60 percent of the net proceeds of the state lottery to a sports, recreation, and arts fund; authorizing the imposition of taxes and fees to finance a baseball stadium; authorizing the metropolitan stadium commission to enter into agreements for the financing of a baseball stadium; establishing a baseball stadium account in the state treasury; authorizing the commission to issue revenue bonds for the stadium; appropriating money; amending Minnesota Statutes 1996, sections 349A.10, subdivision 5; and 473.556, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Wenzel and Tunheim introduced:

H. F. No. 8, A bill for an act relating to the state lottery; proposing an amendment to the Minnesota Constitution to dedicate 60 percent of the net proceeds of the state lottery to a sports, recreation, and arts fund; authorizing the imposition of taxes and fees to finance a baseball stadium; authorizing the metropolitan stadium commission to enter into agreements for the financing of a baseball stadium; establishing a baseball stadium account in the state treasury; authorizing the commission to issue revenue bonds for the stadium; appropriating money; amending Minnesota Statutes 1996, sections 349A.10, subdivision 5; and 473.556, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Kahn, Sviggum, Carruthers, Winter and Rest introduced:

H. F. No. 9, A resolution memorializing Congress to support legislative initiatives to discourage use of public resources for movement of professional sports franchises and to repeal antitrust exemptions for professional sports.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Dawkins; Tunheim; Johnson, A.; Jefferson and Juhnke introduced:

H. F. No. 10, A bill for an act relating to public administration; permitting the state to purchase the Minnesota Twins; appropriating money.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Knight introduced:

H. F. No. 11, A bill for an act relating to the state lottery; proposing an amendment to the Minnesota Constitution to dedicate 60 percent of the net proceeds of the state lottery to a sports, recreation, and arts fund; authorizing the imposition of taxes and fees to finance a baseball stadium; authorizing the metropolitan stadium commission to enter into agreements for the financing of a baseball stadium; establishing a baseball stadium account in the state treasury; authorizing the commission to issue revenue bonds for the stadium; appropriating money; amending Minnesota Statutes 1996, sections 349A.10, subdivision 5; and 473.556, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Kahn, Winter, Tomassoni, Trimble and Munger introduced:

H. F. No. 12, A bill for an act relating to public administration; permitting the state to purchase the Minnesota Twins; appropriating money.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Dawkins introduced:

H. F. No. 13, A bill for an act relating to taxation; imposing a capital gains tax on sales of interests in professional sports franchises; proposing coding for new law in Minnesota Statutes, chapter 290.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Skoglund introduced:

H. F. No. 14, A bill for an act relating to legislative enactments; providing for the correction of miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature; amending Minnesota Statutes 1996, section 256B.0627, subdivision 1; Minnesota Statutes 1997 Supplement, sections 80A.04, subdivision 5; 115.55, subdivision 6; 144D.01, subdivision 4; 245B.07, subdivisions 5 and 9; 403.02, subdivision 2; 524.3-1201; and 626.556, subdivision 10f; Laws 1997, chapter 143, section 21; chapter 200, article 1, section 1; chapter 200, article 1, section 5, subdivision 1; chapter 200, section 5, subdivision 4, as amended; chapter 203, article 3, section 18; chapter 203, article 3, section 19; chapter 231, article 1, section 16, as amended; and chapter 250, section 18; Laws 1997, First Special Session chapter 4, article 1, section 64.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Reuter introduced:

H. F. No. 15, A bill for an act relating to highways; prohibiting commissioner of transportation from establishing or maintaining high-occupancy vehicle lanes on freeways and expressways; making technical changes; amending Minnesota Statutes 1996, section 169.305, subdivision 3, and by adding a subdivision; repealing Minnesota Statutes 1996, section 473.168.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Larsen introduced:

H. F. No. 16, A bill for an act relating to public administration; providing for a negotiated agreement for a major league baseball park; providing some terms; appropriating money.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Sviggum introduced:

H. F. No. 17, A bill for an act relating to public safety; authorizing release of investigative data relating to crimes perpetrated by a juvenile; amending Minnesota Statutes 1997 Supplement, section 260.161, subdivision 2.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Sviggum introduced:

H. F. No. 18, A bill for an act relating to crime; requiring sex offenders who are on conditional release to be required to successfully complete sex offender treatment and aftercare; amending Minnesota Statutes 1996, section 609.346, subdivision 5.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Sviggum introduced:

H. F. No. 19, A bill for an act relating to metropolitan sports facilities; requiring the metropolitan sports facilities commission to sell the met center; requiring the commission to escrow funds for retirement of all outstanding debt on the metrodome; transferring ownership and operation of the metrodome from the commission to the major league professional football team and baseball club; abolishing the metropolitan sports facilities commission; transferring other commission assets to the general fund; providing for amateur sports commission funding for youth sports; appropriating money; amending Minnesota Statutes 1996, section 240A.08; repealing Minnesota Statutes 1996, sections 473.553; 473.556; 473.561; 473.564; 473.565; 473.572; 473.581; 473.592; 473.595; 473.596; 473.598, subdivisions 1, 2, 4, and 5; and 473.599; Minnesota Statutes 1997 Supplement, section 473.598, subdivision 3.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Tingelstad, Evans, Luther, Haas and Koppendrayer introduced:

H. F. No. 20, A bill for an act relating to education; expanding health and safety revenue for indoor air quality projects; expanding the state aid portion of the alternative facilities program; authorizing additional school days and funding for students formerly attending the Crooked Lake elementary school; appropriating money; amending Minnesota Statutes 1997 Supplement, section 124.239, subdivisions 5a and 5b; and Laws 1997, chapter 231, article 1, section 20.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Wejcman, Clark, Greenfield and Broecker introduced:

H. F. No. 21, A bill for an act relating to human services; modifying the calculation of food stamp benefits for certain noncitizen families; amending Laws 1997, chapter 85, article 1, section 7, subdivision 2, as amended; repealing Minnesota Statutes 1997 Supplement, section 256D.057.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Juhnke and Delmont introduced:

H. F. No. 22, A bill for an act relating to baseball; requiring a condition and certain considerations for a new stadium.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Rest, Long, Koppendrayer and Kelso introduced:

H. F. No. 23, A bill for an act relating to taxation; income; modifying the education credit; amending Minnesota Statutes 1997 Supplement, section 290.0674, subdivision 2.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Schumacher introduced:

H. F. No. 24, A bill for an act relating to the state lottery; proposing an amendment to the Minnesota Constitution to dedicate 60 percent of the net proceeds of the state lottery to a sports, recreation, and arts fund; authorizing the imposition of taxes and fees to finance a baseball stadium; authorizing the metropolitan stadium commission to enter into agreements for the financing of a baseball stadium; establishing a baseball stadium account in the state treasury; authorizing the commission to issue revenue bonds for the stadium; appropriating money; amending Minnesota Statutes 1996, sections 349A.10, subdivision 5; and 473.556, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Rest and Carruthers introduced:

H. F. No. 25, A bill for an act relating to commerce; prohibiting sales of cigarettes packed in units smaller than ten packages in accessible displays; amending Minnesota Statutes 1997 Supplement, section 461.18, subdivision 1.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Bakk introduced:

H. F. No. 26, A bill for an act relating to education finance; providing an effective date for a requirement that contracts relating to construction or improvement of educational facilities are subject to prevailing wage requirements; amending Laws 1997, chapter 231, article 16, section 31.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Winter introduced:

` House Concurrent Resolution No. 1, A house concurrent resolution relating to the adjournment of the House of Representatives and Senate on Thursday, October 23, 1997.

There being no objection, House Concurrent Resolution No. 1 was placed upon its adoption.

The motion prevailed and House Concurrent Resolution No. 1 was adopted.

Chaudary, McCollum, Evans, Koskinen and Slawik introduced:

House Concurrent Resolution No. 2, A house concurrent resolution urging the Minnesota Twins to raise revenue for a major league baseball park from the sale of stock in the baseball enterprise to residents of the State of Minnesota.

The concurrent resolution was referred to the Committee on Rules and Legislative Administration.

There being no objection, the order of business reverted to Messages from the Senate.

The following messages were received from the Senate:

Mr. Speaker:

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the adoption by the Senate of the following House Concurrent Resolution, herewith returned:

House Concurrent Resolution No. 1, A house concurrent resolution relating to the adjournment of the House of Representatives and Senate on Thursday, October 23, 1997.

Patrick E. Flahaven, Secretary of the Senate

Weaver moved that when the House adjourns today it adjourn until 10:30 a.m., Tuesday, November 11, 1997.

A roll call was requested and properly seconded.

Winter moved to amend the Weaver motion as follows:

Delete "10:30 a.m., Tuesday, November 11," and insert "9:00 a.m., Tuesday, October 28,"

A roll call was requested and properly seconded.

The question was taken on the Winter amendment to the Weaver motion and the roll was called. There were 69 yeas and 59 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Johnson, A.	Luther	Osthoff	Solberg
Bakk	Garcia	Johnson, R.	Mahon	Paymar	Tomassoni
Biernat	Greenfield	Juhnke	Mariani	Pelowski	Trimble
Carlson	Greiling	Kahn	Marko	Peterson	Tunheim
Chaudhary	Gunther	Kalis	McCollum	Pugh	Wagenius
Clark	Hasskamp	Kelso	McGuire	Rest	Wejcman
Journal of the House - 1st Day - Thursday, October 23, 1997 - Top of Page 5934
Dawkins	Hausman	Kinkel	Mullery	Rukavina	Wenzel
Delmont	Hilty	Koskinen	Munger	Schumacher	Winter
Dorn	Huntley	Kubly	Murphy	Sekhon	Spk. Carruthers
Entenza	Jaros	Leighton	Olson, E.	Skare
Evans	Jefferson	Lieder	Opatz	Skoglund
Farrell	Jennings	Long	Orfield	Slawik

Those who voted in the negative were:

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

The motion prevailed.

The question recurred on the Weaver motion, as amended, and the roll was called. There were 72 yeas and 56 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Dempsey	Kraus	Nornes	Seagren	Tuma
Anderson, B.	Erhardt	Krinkie	Olson, M.	Seifert	Weaver
Bettermann	Finseth	Kuisle	Osskopp	Smith	Westfall
Boudreau	Goodno	Larsen	Ozment	Stang	Westrom
Bradley	Gunther	Leppik	Paulsen	Sviggum	Wolf
Broecker	Haas	Lindner	Pawlenty	Swenson, D.	Workman
Commers	Harder	Macklin	Reuter	Swenson, H.
Daggett	Holsten	McElroy	Rhodes	Sykora
Davids	Kielkucki	Molnau	Rifenberg	Tingelstad
Dehler	Koppendrayer	Mulder	Rostberg	Tompkins

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, October 28, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives