Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 147

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 1999

__________________

SEVENTH DAY

Saint Paul, Minnesota, Monday, January 25, 1999

This Journal as a PDF document

The House of Representatives convened at 2:30 p.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by Representative Gary W. Kubly, District 15B, Granite Falls, Minnesota.

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:

Abeler Entenza Huntley Mares Paymar Tingelstad
Abrams Erhardt Jaros Mariani Pelowski Tomassoni
Anderson, I. Erickson Jennings Marko Peterson Trimble
Bakk Finseth Johnson McCollum Pugh Tuma
Biernat Folliard Juhnke McElroy Rest Tunheim
Bishop Fuller Kahn McGuire Reuter Van Dellen
Boudreau Gerlach Kalis Milbert Rhodes Vandeveer
Bradley Gleason Kelliher Molnau Rifenberg Wagenius
Broecker Goodno Kielkucki Mulder Rostberg Wejcman
Buesgens Gray Knoblach Mullery Rukavina Wenzel
Carlson Greenfield Koskinen Munger Schumacher Westerberg
Carruthers Greiling Krinkie Murphy Seagren Westfall
Cassell Gunther Kubly Ness Seifert, J. Westrom
Chaudhary Haake Kuisle Nornes Seifert, M. Wilkin
Clark, J. Haas Larsen, P. Olson Skoe Winter
Clark, K. Hackbarth Larson, D. Opatz Skoglund Wolf
Daggett Harder Leighton Orfield Smith Workman
Davids Hasskamp Lenczewski Osskopp Solberg Spk. Sviggum
Dawkins Hausman Leppik Osthoff Stanek
Dehler Hilty Lieder Otremba Stang
Dempsey Holberg Lindner Ozment Storm
Dorman Holsten Luther Paulsen Swenson
Dorn Howes Mahoney Pawlenty Sykora

A quorum was present.

Anderson, B., was excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Storm moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 148

REPORTS OF STANDING COMMITTEES

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy reported on the following appointment which had been referred to the committee by the Speaker:

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

THOMAS HEFFELFINGER

Reported the same back with the recommendation that the appointment be confirmed.

Rhodes moved that the report of the Committee on Governmental Operations and Veterans Affairs Policy relating to the appointment of Thomas Heffelfinger to the Campaign Finance and Public Disclosure Board be adopted. The motion prevailed and the report was adopted.

CONFIRMATION

Rhodes moved that the House, having advised, do now consent to and confirm the appointment of Thomas Heffelfinger, 11145 Bluestem Lane, Eden Prairie, Minnesota 55345, in the county of Hennepin, effective September 12, 1998, for a term expiring January 2000. The motion prevailed and the appointment of Thomas Heffelfinger was confirmed by the House.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy reported on the following appointment which had been referred to the committee by the Speaker:

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

WILBUR FLUEGEL

Reported the same back with the recommendation that the appointment be confirmed.

Rhodes moved that the report of the Committee on Governmental Operations and Veterans Affairs Policy relating to the appointment of Wilbur Fluegel to the Campaign Finance and Public Disclosure Board be adopted. The motion prevailed and the report was adopted.

CONFIRMATION

Rhodes moved that the House, having advised, do now consent to and confirm the appointment of Wilbur Fluegel, 14060 - 92nd Place North, Maple Grove, Minnesota 55369, in the county of Hennepin, effective June 16, 1998, for a term expiring January 2001. The motion prevailed and the appointment of Wilbur Fluegel was confirmed by the House.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy reported on the following appointment which had been referred to the committee by the Speaker:


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 149

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

NANCY G. WILSON

Reported the same back with the recommendation that the appointment be confirmed.

Rhodes moved that the report of the Committee on Governmental Operations and Veterans Affairs Policy relating to the appointment of Nancy G. Wilson to the Campaign Finance and Public Disclosure Board be adopted. The motion prevailed and the report was adopted.

CONFIRMATION

Rhodes moved that the House, having advised, do now consent to and confirm the appointment of Nancy G. Wilson, 5505 Sanibel Drive, Minnetonka, Minnesota 55343, in the county of Hennepin, effective April 28, 1998, for a term expiring January 2002. The motion prevailed and the appointment of Nancy G. Wilson was confirmed by the House.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 9, A bill for an act relating to the legislature; prohibiting former legislators from lobbying the legislature for one year after leaving office; proposing coding for new law in Minnesota Statutes, chapter 10A.

Reported the same back with the following amendments:

Page 1, line 9, delete "calendar"

With the recommendation that when so amended the bill pass.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 105, A resolution memorializing the United States Congress to design and implement timely financial relief for livestock and commodity grain farmers.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 151, A resolution memorializing the Clinton Administration and the United States Congress to cooperate in forming a federal effort to alleviate the crisis confronting livestock farmers and commodity grain farmers arising from a bottleneck between hog and cattle producers and their consumers, from imbalances in the grain market, and from concentrations of economic resources in the food marketing and distribution system.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.


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Krinkie from the Committee on State Government Finance to which was referred:

H. F. No. 184, A bill for an act relating to appropriations; canceling the appropriation for a United Nations trade point.

Reported the same back with the following amendments:

Page 1, line 9, before the period, insert "and returned to the general fund"

Page 1, after line 9, insert:

"Sec. 2. [REPORT.]

The commissioner of finance shall report to the chairs of the house state government finance committee and the senate governmental operations budget division by March 1, 1999, on expenditure of funds appropriated in 1997 for a trade point network and for operation of a secure electronic authentication link laboratory. The report must list each entity that received funds under one of these appropriations, and must describe the specific purposes for which funds were made available to each entity.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment, and are retroactive to January 5, 1999."

Amend the title as follows:

Page 1, line 3, after "point" insert "; requiring a report to the legislature"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Knoblach from the Committee on Capital Investment to which was referred:

H. F. No. 209, A bill for an act relating to public administration; converting capital project financing from general fund cash to general obligation bonding; authorizing spending for public purposes; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing state bonds; restoring certain money to the general fund; appropriating money; amending Laws 1998, chapters 389, article 9, section 2, as amended; and 404, section 27, subdivision 1.

Reported the same back with the following amendments:

Page 7, delete lines 13 to 19 and insert:

"Sec. 16. [CANCELLATION TO GENERAL FUND.]

(a) Money appropriated from the general fund and allocated as described in paragraph (b) for the projects and in the amounts identified in sections 2 to 10, is canceled to the general fund.

(b) Money is allocated as described in this paragraph if the allocation was made under Laws 1998, chapter 389, article 9, section 2, as amended by Laws 1998, chapter 408, section 22, before the amendment in section 14 takes effect."


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Amend the title as follows:

Page 1, line 8, delete "restoring" and insert "canceling"

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means without further recommendation.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 9 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Murphy; Stanek; Larsen, P.; Smith and Skoglund introduced:

H. F. No. 245, A bill for an act relating to underage drinking; increasing penalties for a person, other than a retailer, to furnish alcoholic beverages to a person under the age of 21 if the underage person causes or suffers death or great bodily harm as a result of intoxication; amending Minnesota Statutes 1998, section 340A.701, subdivision 1.

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

Kahn; Greenfield; Huntley; Clark, K., and Gray introduced:

H. F. No. 246, A bill for an act relating to crime; repealing laws criminalizing sexual conduct between or involving consenting adults; making conforming changes to other laws; amending Minnesota Statutes 1998, sections 260.015, subdivision 21; 609.131, subdivision 2; 609.153, subdivision 1; 609.322, subdivision 1a; 609.3241; and 609.3242, subdivision 2; repealing Minnesota Statutes 1998, sections 609.293; 609.294; 609.324, subdivisions 2, 3, and 4; 609.34; and 609.36.

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

Entenza, Biernat, Mares, Seagren and Buesgens introduced:

H. F. No. 247, A bill for an act relating to education; authorizing grants for the collaborative urban educator program; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Hasskamp, Howes and Davids introduced:

H. F. No. 248, A bill for an act relating to financial institutions; permitting location of a branch bank in the town of Crooked Lake under certain conditions.

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


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Sviggum introduced:

H. F. No. 249, A bill for an act relating to state government; modifying provisions relating to appointment of members of the iron range resources and rehabilitation board; amending Minnesota Statutes 1998, section 298.22, subdivision 2.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Abrams, Bishop, Van Dellen, Haas and Otremba introduced:

H. F. No. 250, A bill for an act relating to health; repealing MinnesotaCare provider tax; amending Minnesota Statutes 1998, sections 62J.041, subdivision 1; 62Q.095, subdivision 6; 214.16, subdivisions 2 and 3; 270B.01, subdivision 8; and 270B.14, subdivision 1; repealing Minnesota Statutes 1998, sections 13.99, subdivision 86b; 144.1484, subdivision 2; 295.50; 295.51; 295.52; 295.53; 295.54; 295.55; 295.56; 295.57; 295.58; 295.582; and 295.59.

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

Rifenberg, Davids, Juhnke, Wenzel and Harder introduced:

H. F. No. 251, A bill for an act relating to taxation; exempting agricultural loans from the mortgage registry tax; amending Minnesota Statutes 1998, section 287.04, by adding a subdivision.

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

Westfall, Daggett, Nornes and Finseth introduced:

H. F. No. 252, A bill for an act relating to taxation; reducing the sales and use tax rate and the sales tax on motor vehicle rate for a period of one year; amending Minnesota Statutes 1998, section 297A.02, subdivision 1.

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

Westfall; Anderson, B.; Finseth and Kuisle introduced:

H. F. No. 253, A bill for an act relating to natural resources; creating a board of natural resources; transferring certain powers and duties of the commissioner to board of natural resources; amending Minnesota Statutes 1998, sections 84.027, subdivision 2; 84.029, subdivision 2; 84.03; 84.033; 84.035, subdivisions 8 and 10; 84.0895, subdivisions 3 and 7; 84.45; 84.80, subdivision 1; 84.86, subdivision 1; 84.942, subdivisions 2 and 3; 84.944; 84A.55, subdivisions 9 and 11; 84A.56; 85.052, subdivision 1; 86B.205, subdivision 9; 88.09; 89.002; 89.01, subdivision 2; 89.032; 89.19; 90.041, subdivision 2; 92.06, subdivision 4; 92.35; 92.45; 93.47, subdivisions 2 and 3; 97A.055, subdivision 4a; 97A.101, subdivision 2; 97A.141, subdivision 4; 97A.145; 97C.205; 97C.211, subdivision 2; 103B.511, subdivision 1; 103B.531, subdivision 3; 103F.155; 103F.221, subdivision 2; 103F.325, subdivision 4; 103F.335, subdivisions 1 and 2; 103F.601, subdivision 1; 103G.121, subdivision 2; 103G.315, subdivisions 3 and 5; proposing coding for new law in Minnesota Statutes, chapter 84.

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


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Hasskamp and Wenzel introduced:

H. F. No. 254, A bill for an act relating to taxation; reducing the general rate of the sales and use tax and the sales tax on motor vehicles; exempting sales to political subdivisions of a state; reducing income tax rates; amending Minnesota Statutes 1998, sections 290.06, subdivisions 2c and 2d; 290.091, subdivisions 1, 2, and 6; 297A.02, subdivision 1; 297A.25, subdivision 11; and 297A.47.

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

Erickson introduced:

H. F. No. 255, A bill for an act relating to game and fish; modifying dates for removing fish or dark houses; amending Minnesota Statutes 1998, section 97C.355, subdivision 7.

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

Kahn, Smith, Ozment, Rhodes and Mares introduced:

H. F. No. 256, A bill for an act relating to retirement; modifying provisions relating to the Minneapolis firefighters relief association.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Howes, Wenzel, Fuller and Hasskamp introduced:

H. F. No. 257, A bill for an act relating to natural resources; appropriating money for the Mississippi headwaters board.

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

Munger, Huntley, Jaros and Murphy introduced:

H. F. No. 258, A bill for an act relating to the Western Lake Superior sanitary district; modifying board members' compensation; amending Minnesota Statutes 1998, section 458D.03, subdivision 9.

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

Munger, Huntley, Jaros and Murphy introduced:

H. F. No. 259, A bill for an act relating to appropriations; appropriating money for an environmental study at a cement plant site in the city of Duluth.

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

Kielkucki, Ness, Cassell, Molnau and Dehler introduced:

H. F. No. 260, A bill for an act relating to education funding; clarifying the date necessary to calculate the reorganization operating debt levy for independent school district No. 2687, Howard Lake-Waverly-Winsted.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.


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Entenza; Stanek; Larsen, P.; Mahoney and Broecker introduced:

H. F. No. 261, A bill for an act relating to underage drinking; increasing penalties for a person, other than a retailer, to furnish alcoholic beverages to a person under the age of 21 if the underage person causes or suffers death or great bodily harm as a result of intoxication; amending Minnesota Statutes 1998, section 340A.701, subdivision 1.

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

Entenza; Stanek; Larsen, P.; Chaudhary and Broecker introduced:

H. F. No. 262, A bill for an act relating to crime prevention; eliminating requirement to hold DWI-related vehicle forfeiture proceeding at same time as implied consent hearing; amending Minnesota Statutes 1998, section 169.1217, subdivision 7a.

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

Gerlach, Pugh, Stanek, Fuller and Westerberg introduced:

H. F. No. 263, A bill for an act relating to crime; imposing criminal penalties for manufacturing, distributing, selling, or possessing counterfeited intellectual property; providing for forfeiture of these items; amending Minnesota Statutes 1998, sections 609.531, subdivision 1; and 609.902, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Stanek and Lindner introduced:

H. F. No. 264, A bill for an act relating to highways; requiring commissioner of transportation to expand capacity on a segment of marked interstate highway No. I-94.

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

Daggett introduced:

H. F. No. 265, A bill for an act relating to individual income taxation; allowing the deduction for wagering losses in computing alternative minimum tax; amending Minnesota Statutes 1998, section 290.091, subdivision 2.

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

Kahn, Greenfield, Rukavina, Jaros, Krinkie, Solberg, Osskopp, Dehler, Jennings, Dawkins and Kelliher introduced:

H. F. No. 266, A bill for an act relating to alcoholic beverages; regulating hours of sale; amending Minnesota Statutes 1998, sections 340A.504, subdivisions 1, 2, 3, 5, and 6; and 340A.509.

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


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Westerberg; Knoblach; Harder; Anderson, I.; Vandeveer; Kielkucki; Daggett; Broecker; Haas; Kuisle; Clark, J., and Storm introduced:

H. F. No. 267, A bill for an act relating to taxation; income; modifying the tax brackets and the alternative minimum tax exemption amount to reduce marriage penalties; amending Minnesota Statutes 1998, sections 290.06, subdivisions 2c and 2d; and 290.091, subdivision 3.

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

Ness, Biernat, Mares, Seagren, Johnson, Rostberg, Cassell, Abeler, Erickson, Entenza, Carlson and Kielkucki introduced:

H. F. No. 268, A bill for an act relating to education; reinstating funding for summer school; appropriating money; amending Minnesota Statutes 1998, section 126C.05, by adding a subdivision.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Ness; Storm; Kalis; Mares; Erickson; Cassell; Mulder; Rostberg; Seifert, M.; Clark, J.; Harder; Tuma; Swenson; Kielkucki; Daggett; Dehler; Westfall and Anderson, B., introduced:

H. F. No. 269, A bill for an act relating to education funding; creating an equity aid component of general education revenue; appropriating money; amending Minnesota Statutes 1998, section 126C.10, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Osskopp; Davids and Anderson, I., introduced:

H. F. No. 270, A bill for an act relating to insurance; prohibiting a maximum lifetime benefit limit on certain policies of the Minnesota comprehensive health insurance plan; amending Minnesota Statutes 1998, section 62E.12.

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

Abrams and Rest introduced:

H. F. No. 271, A bill for an act relating to taxation; income tax; providing for an income tax rebate in 1999; appropriating money.

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

Abrams, Pelowski and Rhodes introduced:

H. F. No. 272, A bill for an act relating to elections; defining certain terms; changing the name of the state partisan primary to the state party nominating election; requiring candidates to demonstrate party support before being listed on a party's ballot; moving the state party nominating election and primary from September to June; changing certain procedures, terms, and deadlines; amending Minnesota Statutes 1998, sections 10A.255, subdivisions 1 and 3; 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 200.02, by adding a subdivision; 202A.14, subdivision 1; 204B.08, subdivisions 1 and 2; 204B.09, subdivision 1; 204B.10, subdivisions 2, 3, and 4; 204B.11, subdivision 2; 204B.12, subdivision 1; 204B.33; 204D.03, subdivision 1; and 204D.08, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 204B.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.


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Munger, Smith, Jaros, Huntley and Murphy introduced:

H. F. No. 273, A bill for an act relating to taxation; clarifying the sales and use tax exemption for biosolids processing equipment; amending Minnesota Statutes 1998, section 297A.25, subdivision 73.

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

Hasskamp; Seifert, M., and Wenzel introduced:

H. F. No. 274, A bill for an act relating to education; allowing a grant applicant to appeal the commissioner's finding that the applicant has failed to meet grant criteria; amending Minnesota Statutes 1998, section 127A.05, by adding a subdivision.

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

Stang introduced:

H. F. No. 275, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Stearns county.

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

Leighton introduced:

H. F. No. 276, A bill for an act relating to state lands; authorizing the public sale of certain tax-forfeited land that borders public water in Mower county.

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

Jaros introduced:

H. F. No. 277, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of a state; amending Minnesota Statutes 1998, sections 297A.25, subdivision 11; and 297A.47.

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

Entenza; Stanek; Broecker; Larsen, P., and Skoe introduced:

H. F. No. 278, A bill for an act relating to crimes; providing a felony penalty for certain repeat violators of the driving while impaired laws; requiring that felony violators be incarcerated in local correctional facilities; providing mandatory minimum penalties for these felony violations; repealing statutory references to enhanced gross misdemeanor crimes; amending Minnesota Statutes 1998, sections 169.121, subdivisions 3 and 3e; 169.129, subdivision 2; 244.20; 388.051, subdivision 1; 609.02, subdivision 2; 609.105, subdivision 3; and 609.135, subdivision 2; repealing Minnesota Statutes 1998, section 609.02, subdivision 2a.

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


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Westfall; Rhodes; Anderson, B., and Gleason introduced:

H. F. No. 279, A bill for an act relating to veterans; changing the Veterans Preference Act; amending Minnesota Statutes 1998, section 197.46.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Schumacher and Anderson, B., introduced:

H. F. No. 280, A bill for an act relating to state lands; authorizing conveyance of certain tax-forfeited land that borders public water in Sherburne county.

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

Leppik; Greiling; Rifenberg; Carruthers; Rhodes; Seifert, M.; Dehler and Kahn introduced:

H. F. No. 281, A bill for an act relating to state government; requiring the legislative coordinating commission to appoint a bicameral group to review administrative rules; specifying certain duties of the group; amending Minnesota Statutes 1998, sections 3.841; and 3.842, subdivisions 1, 2, and 3.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Greiling, Schumacher, Mares, Abeler and Entenza introduced:

H. F. No. 282, A bill for an act relating to education; authorizing program grants for gifted and talented students; appropriating money.

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

Anderson, B.; Olson; Schumacher; Hackbarth; Lindner; Tingelstad; Dehler and Kielkucki introduced:

H. F. No. 283, A bill for an act relating to education; providing for a certain debt service levy rate for independent school district No. 728, Elk River.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Winter, Peterson, Wenzel, Kubly, Juhnke, Skoe, Chaudhary, Opatz, Otremba, Leighton, Pugh, Hasskamp, Tunheim, Solberg, Dorn, Jennings, Lieder and Hilty introduced:

H. F. No. 284, A bill for an act relating to agriculture; providing for a farm and small business loan guarantee program; appropriating money.

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


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Haake, Krinkie, Broecker and Chaudhary introduced:

H. F. No. 285, A bill for an act relating to state lands; authorizing conveyance of certain tax-forfeited land in Ramsey county.

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

Cassell, Nornes, Westrom and Otremba introduced:

H. F. No. 286, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Douglas county.

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

Sviggum introduced:

H. F. No. 287, A bill for an act proposing an amendment to the Minnesota Constitution; providing for a unicameral legislature; changing article IV; article VIII, sections 1 and 6; article IX, sections 1 and 2; and article XI, section 5; providing by statute for a legislature of 99 members; amending Minnesota Statutes 1998, sections 2.021; and 2.031, subdivision 1.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Rostberg, Wenzel, Hackbarth, Tingelstad and Ozment introduced:

H. F. No. 288, A bill for an act relating to appropriations; appropriating money to the Minnesota pollution control agency for equipment purchase and distribution, planning, and response training relating to emergency spill response on the Mississippi river.

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

Rest; Pugh; Winter; McCollum; Hilty; Gray; Dawkins; Folliard; Dorn; Jaros; Peterson; Carlson; Huntley; Kubly; Otremba; Entenza; Larson, D.; Mahoney; Lenczewski; Koskinen and Clark, K., introduced:

H. F. No. 289, A bill for an act relating to public administration; providing a sales tax rebate; providing a permanent procedure for tax rebates; providing for deposit of tobacco settlement proceeds; abolishing certain accounts; converting capital project financing from general fund cash to general obligation bonding; authorizing spending for public purposes; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing state bonds; appropriating money; amending Laws 1998, chapter 404, section 27, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 1998, sections 16A.152, subdivision 2; and 16A.1521.

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

Anderson, I.; Tomassoni and Wenzel introduced:

H. F. No. 290, A bill for an act relating to education; enhancing Minnesota's elementary and secondary school system by providing all school district operating funds through state aids; amending Minnesota Statutes 1998, sections 122A.62, subdivision 3; 123A.39, subdivision 3; 123A.41, subdivision 4; 123A.444; 123A.485,


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subdivisions 1 and 3; 123A.67, subdivision 3; 123A.73, subdivisions 9 and 12; 123A.76; 123B.53, subdivisions 4 and 5; 123B.54; 123B.57, subdivisions 1, 3, and 5; 123B.59, subdivisions 1, 2, 4, 6, and 7; 123B.61; 123B.62; 123B.64, subdivision 2; 124D.135, subdivisions 1 and 6; 124D.20, subdivision 1; 124D.22, subdivision 2; 124D.56, subdivision 1; 124D.86, subdivision 5; 126C.13, subdivisions 1, 2, 3, and 4; 126C.14; 126C.40, subdivision 4; 126C.41, subdivisions 1, 3, and 4; 126C.42, subdivisions 1, 2, 3, and 4; 126C.43, subdivisions 1, 2, 3, 4, 5, and 6; 126C.44; and 126C.45; proposing coding for new law in Minnesota Statutes, chapter 127A; repealing Minnesota Statutes 1998, sections 123B.57, subdivisions 6 and 7; 123B.59, subdivision 5; 123B.64, subdivisions 3 and 4; 124D.135, subdivisions 3 and 4; 124D.20, subdivisions 5, 6, and 7; 124D.56, subdivisions 2 and 3; 124D.86, subdivision 4; 126C.10, subdivisions 10, 11, 21, and 22; and 126C.17, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12.

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

Folliard introduced:

H. F. No. 291, A bill for an act relating to retirement; authorizing purchase of prior service credit in the teachers retirement association.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Wenzel and Hasskamp introduced:

H. F. No. 292, A bill for an act relating to taxation; property; providing for the assessment of certain platted property; amending Minnesota Statutes 1998, section 273.11, subdivision 14, and by adding a subdivision.

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

Daggett, Dempsey, Lenczewski, Marko and Larsen, P., introduced:

H. F. No. 293, A bill for an act relating to fees; reducing notary commission recording fees; amending Minnesota Statutes 1998, section 357.021, subdivision 2.

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

Broecker, Paymar, Entenza, Holberg and Larsen, P., introduced:

H. F. No. 294, A bill for an act relating to disasters; providing for aid to political subdivisions for certain extraordinary disaster expenses; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 12.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Winter; Murphy; Tomassoni; Anderson, I.; Kalis; Kubly; Peterson; Juhnke; Mahoney; Schumacher; Folliard; Otremba; Gleason; Rest; Wejcman; Hasskamp; McGuire; Opatz; Wenzel; Solberg; Tunheim; Dawkins; Dorn; Jennings; Lieder; Munger; Gray; Orfield; Carlson; Hausman; Carruthers; Luther; Skoglund and Paymar introduced:

H. F. No. 295, A bill for an act relating to public safety; establishing the board of firefighter training and education; establishing a firefighter training reimbursement program; authorizing rulemaking; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 299N.

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


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 160

CONSENT CALENDAR

H. F. No. 139, A bill for an act relating to the campaign finance and public disclosure board; specifying member qualifications; amending Minnesota Statutes 1998, section 10A.02, 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. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lindner Paulsen Storm
Abrams Entenza Howes Luther Pawlenty Swenson
Anderson, I. Erhardt Huntley Mahoney Paymar Sykora
Bakk Erickson Jaros Mares Pelowski Tingelstad
Biernat Finseth Jennings Mariani Peterson Tomassoni
Bishop Folliard Johnson Marko Pugh Trimble
Boudreau Fuller Juhnke McCollum Rest Tuma
Bradley Gerlach Kahn McElroy Reuter Tunheim
Broecker Gleason Kalis McGuire Rhodes Van Dellen
Buesgens Goodno Kelliher Milbert Rifenberg Vandeveer
Carlson Gray Kielkucki Molnau Rostberg Wagenius
Carruthers Greenfield Knoblach Mulder Rukavina Wejcman
Cassell Greiling Koskinen Mullery Schumacher Wenzel
Chaudhary Gunther Krinkie Munger Seagren Westerberg
Clark, J. Haake Kubly Ness Seifert, J. Westfall
Clark, K. Haas Kuisle Nornes Seifert, M. Westrom
Daggett Hackbarth Larsen, P. Olson Skoe Wilkin
Davids Harder Larson, D. Opatz Skoglund Winter
Dawkins Hasskamp Leighton Orfield Smith Wolf
Dehler Hausman Lenczewski Osskopp Solberg Workman
Dempsey Hilty Leppik Otremba Stanek Spk. Sviggum
Dorman Holberg Lieder Ozment Stang

The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bill to be placed on the Calendar for the Day for Monday, January 25, 1999:

H. F. No. 133.

CALENDAR FOR THE DAY

H. F. No. 133 was reported to the House.


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 161

Kahn; Orfield; Gray; Clark, K., and Greenfield moved to amend H. F. No. 133 as follows:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1998, section 415.16, subdivision 3, is amended to read:

Subd. 3. [VOLUNTEER OR NONPROFIT FIREFIGHTERS.] Notwithstanding subdivision 1, a statutory or home rule charter city or county may impose a reasonable residency requirement on persons employed as volunteers or as members of a nonprofit firefighting corporation firefighters, whether or not volunteer, or police, if there is a demonstrated, job-related necessity. The residency requirement must be related to response time and established without regard to political subdivision boundaries."

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 Kahn et al amendment and the roll was called. There were 37 yeas and 96 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Greenfield Kalis Munger Skoe Wejcman
Bakk Hausman Kelliher Orfield Skoglund Winter
Biernat Hilty Lieder Osthoff Solberg
Clark, K. Jaros Mahoney Paymar Tomassoni
Dawkins Johnson Mariani Peterson Trimble
Dorn Juhnke McCollum Pugh Tunheim
Gray Kahn Mullery Rukavina Wagenius

Those who voted in the negative were:

Abeler Dorman Hasskamp Leppik Otremba Stang
Abrams Entenza Holberg Lindner Ozment Storm
Bishop Erhardt Holsten Luther Paulsen Swenson
Boudreau Erickson Howes Mares Pawlenty Sykora
Bradley Finseth Huntley Marko Pelowski Tingelstad
Broecker Folliard Jennings McElroy Rest Tuma
Buesgens Fuller Kielkucki McGuire Reuter Van Dellen
Carlson Gerlach Knoblach Milbert Rhodes Vandeveer
Carruthers Gleason Koskinen Molnau Rifenberg Wenzel
Cassell Goodno Krinkie Mulder Rostberg Westerberg
Chaudhary Greiling Kubly Murphy Schumacher Westfall
Clark, J. Gunther Kuisle Ness Seagren Westrom
Daggett Haake Larsen, P. Nornes Seifert, J. Wilkin
Davids Haas Larson, D. Olson Seifert, M. Wolf
Dehler Hackbarth Leighton Opatz Smith Workman
Dempsey Harder Lenczewski Osskopp Stanek Spk. Sviggum

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


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 162

Trimble moved to amend H. F. No. 133 as follows:

Page 1, line 7, delete "AND SAINT PAUL"

Page 1, line 8, delete everything after "260" and insert ", is"

Amend the title accordingly

A roll call was requested and properly seconded.

The Speaker called Boudreau to the Chair.

Kubly was excused for the remainder of today's session.

The Speaker resumed the Chair.

The question recurred on the Trimble amendment and the roll was called. There were 47 yeas and 85 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Gray Kahn McCollum Otremba Solberg
Bakk Greenfield Kalis Milbert Paymar Tomassoni
Biernat Hasskamp Kelliher Mullery Peterson Trimble
Chaudhary Hausman Krinkie Munger Pugh Tunheim
Clark, K. Hilty Lieder Murphy Rukavina Wagenius
Dawkins Jaros Mahoney Opatz Schumacher Wejcman
Dorn Johnson Mariani Orfield Skoe Winter
Entenza Juhnke Marko Osthoff Skoglund

Those who voted in the negative were:

Abeler Dorman Holberg Luther Reuter Van Dellen
Abrams Erhardt Holsten Mares Rhodes Vandeveer
Bishop Erickson Howes McElroy Rifenberg Wenzel
Boudreau Finseth Huntley McGuire Rostberg Westerberg
Bradley Folliard Jennings Molnau Seagren Westfall
Broecker Fuller Kielkucki Mulder Seifert, J. Westrom
Buesgens Gerlach Knoblach Ness Seifert, M. Wilkin
Carlson Gleason Koskinen Nornes Smith Wolf
Carruthers Goodno Kuisle Olson Stanek Workman
Cassell Greiling Larsen, P. Osskopp Stang Spk. Sviggum
Clark, J. Gunther Larson, D. Ozment Storm
Daggett Haake Leighton Paulsen Swenson
Davids Haas Lenczewski Pawlenty Sykora
Dehler Hackbarth Leppik Pelowski Tingelstad
Dempsey Harder Lindner Rest Tuma

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


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 163

Davids was excused for the remainder of today's session.

CALL OF THE HOUSE

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

Abeler Entenza Howes Mares Pawlenty Sykora
Abrams Erhardt Huntley Mariani Paymar Tingelstad
Anderson, I. Erickson Jennings Marko Pelowski Tomassoni
Bakk Finseth Johnson McCollum Peterson Trimble
Biernat Folliard Juhnke McElroy Pugh Tunheim
Bishop Fuller Kahn McGuire Rest Van Dellen
Boudreau Gerlach Kalis Milbert Reuter Vandeveer
Bradley Gleason Kelliher Molnau Rhodes Wagenius
Broecker Goodno Kielkucki Mulder Rifenberg Wejcman
Buesgens Gray Knoblach Mullery Rostberg Wenzel
Carlson Greenfield Koskinen Munger Schumacher Westerberg
Carruthers Greiling Krinkie Murphy Seagren Westfall
Cassell Gunther Kuisle Ness Seifert, J. Westrom
Chaudhary Haake Larsen, P. Nornes Seifert, M. Wilkin
Clark, J. Haas Larson, D. Olson Skoe Winter
Clark, K. Hackbarth Leighton Opatz Skoglund Wolf
Daggett Harder Lenczewski Orfield Smith Workman
Dawkins Hasskamp Leppik Osskopp Solberg Spk. Sviggum
Dehler Hausman Lieder Osthoff Stanek
Dempsey Hilty Lindner Otremba Stang
Dorman Holberg Luther Ozment Storm
Dorn Holsten Mahoney Paulsen Swenson

Pawlenty 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.

Biernat, Wagenius, Orfield and Skoglund moved to amend H. F. No. 133 as follows:

Page 1, delete lines 6 to 11 and insert:

"Section 1. Laws 1993, chapter 260, section 1, is amended to read:

Section 1. [CITY OF MINNEAPOLIS; RESIDENCY REQUIREMENTS.]

Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home rule charter, ordinance, resolution or rule to the contrary, the city of Minneapolis may require residency within the city's territorial limits as a condition of employment by the city. The residency requirement may apply only to persons hired after the date the requirement is imposed. This section applies only if individuals or collective bargaining units negotiate and accept residency requirements.

Sec. 2. Laws 1993, chapter 260, section 2, is amended to read:

Sec. 2. [SPECIAL SCHOOL DISTRICT NO. 1; RESIDENCY REQUIREMENTS.]

Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home rule charter, ordinance, resolution or rule to the contrary, special school district No. 1 may require residency within the school district's territorial limits as a condition of employment by the school district. The residency requirement may apply only to persons hired after the date the requirement is imposed. This section applies only if individuals or collective bargaining units negotiate and accept residency requirements.


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 164

Sec. 3. Laws 1993, chapter 260, section 3, is amended to read:

Sec. 3. [CITY LIBRARY BOARD; RESIDENCY REQUIREMENTS.]

Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home rule charter, ordinance, resolution or rule to the contrary, the library board of the city of Minneapolis may require residency within the territorial limits of the city of Minneapolis as a condition of employment by the board. The residency requirement may apply only to persons hired after the date the requirement is imposed. This section applies only if individuals or collective bargaining units negotiate and accept residency requirements.

Sec 4. Laws 1993, chapter 260, section 4, is amended to read:

Sec. 4. [CITY PARK AND RECREATION BOARD; RESIDENCY REQUIREMENTS.]

Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home rule charter, ordinance, resolution or rule to the contrary, the parks and recreation board of the city of Minneapolis may require residency within the territorial limits of the city of Minneapolis as a condition of employment by the board. The residency requirement may apply only to persons hired after the date the requirement is imposed. This section applies only if individuals or collective bargaining units negotiate and accept residency requirements.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 4 are effective the day following final enactment."

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Biernat et al amendment and the roll was called. There were 41 yeas and 90 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Gray Juhnke Marko Paymar Tomassoni
Bakk Greenfield Kahn McCollum Peterson Trimble
Biernat Hasskamp Kalis Mullery Rukavina Tunheim
Chaudhary Hausman Kelliher Munger Schumacher Wagenius
Clark, K. Hilty Lieder Orfield Skoe Wejcman
Dawkins Jaros Mahoney Osthoff Skoglund Winter
Dorn Johnson Mariani Otremba Solberg

Those who voted in the negative were:


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 165
Abeler Entenza Holberg Lindner Paulsen Storm
Abrams Erhardt Holsten Luther Swenson
Bishop Erickson Howes Mares Sykora
Boudreau Finseth Huntley McElroy Tingelstad
Bradley Folliard Jennings McGuire Tuma
Broecker Fuller Kielkucki Milbert Van Dellen
Buesgens Gerlach Knoblach Molnau Vandeveer
Carlson Gleason Koskinen Mulder Wenzel
Carruthers Goodno Krinkie Murphy Westerberg
Cassell Greiling Kuisle Ness Westfall
Clark, J. Gunther Larsen, P. Nornes Westrom
Daggett Haake Larson, D. Olson Wilkin
Dehler Haas Leighton Opatz Wolf
Dempsey Hackbarth Lenczewski Osskopp Workman
Dorman Harder Leppik Ozment Spk. Sviggum
Pawlenty
Pelowski
Pugh
Rest
Reuter
Rhodes
Rifenberg
Rostberg
Seagren
Seifert, J.
Seifert, M.
Smith
Stanek
Stang

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

CALL OF THE HOUSE LIFTED

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

H. F. No. 133, A bill for an act relating to local government; repealing authority for certain local residency requirements; repealing Laws 1993, chapter 260; and Laws 1994, chapter 570.

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 94 yeas and 37 nays as follows:

Those who voted in the affirmative were:

Abeler Entenza Holberg Mares Pawlenty Swenson
Abrams Erhardt Holsten Marko Pelowski Sykora
Bishop Erickson Howes McCollum Pugh Tingelstad
Boudreau Finseth Huntley McElroy Rest Tuma
Bradley Folliard Jennings McGuire Reuter Van Dellen
Broecker Fuller Kielkucki Milbert Rhodes Vandeveer
Buesgens Gerlach Knoblach Molnau Rifenberg Wenzel
Carlson Gleason Koskinen Mulder Rostberg Westerberg
Carruthers Goodno Kuisle Murphy Schumacher Westfall
Cassell Greiling Larsen, P. Ness Seagren Westrom
Chaudhary Gunther Larson, D. Nornes Seifert, J. Wilkin
Clark, J. Haake Leighton Olson Seifert, M. Wolf
Daggett Haas Lenczewski Opatz Smith Workman
Dehler Hackbarth Leppik Osskopp Stanek Spk. Sviggum
Dempsey Harder Lindner Ozment Stang
Dorman Hausman Luther Paulsen Storm

Those who voted in the negative were:

Anderson, I. Greenfield Kalis Munger Skoe Wejcman
Bakk Hasskamp Kelliher Orfield Skoglund Winter
Biernat Hilty Krinkie Osthoff Solberg
Clark, K. Jaros Lieder Otremba Tomassoni
Dawkins Johnson Mahoney Paymar Trimble
Dorn Juhnke Mariani Peterson Tunheim
Gray Kahn Mullery Rukavina Wagenius

The bill was passed and its title agreed to.


Journal of the House - 7th Day - Monday, January 25, 1999 - Top of Page 166

MOTIONS AND RESOLUTIONS

Lindner moved that his name be stricken as an author on H. F. No. 15. The motion prevailed.

Haas moved that the name of Abeler be stricken as an author on H. F. No. 35. The motion prevailed.

Milbert moved that the name of Murphy be added as an author on H. F. No. 88. The motion prevailed.

Pawlenty moved that the name of Paulsen be added as an author on H. F. No. 108. The motion prevailed.

Pawlenty moved that the name of Paulsen be added as an author on H. F. No. 109. The motion prevailed.

Stanek moved that the name of Westerberg be added as an author on H. F. No. 114. The motion prevailed.

Erhardt moved that the name of Abeler be added as an author on H. F. No. 163. The motion prevailed.

Kielkucki moved that the names of Erickson, Dempsey, Rifenberg and Winter be added as authors on H. F. No. 179. The motion prevailed.

Carruthers moved that the name of Luther be added as an author on H. F. No. 198. The motion prevailed.

Milbert moved that the name of Murphy be added as an author on H. F. No. 200. The motion prevailed.

Entenza moved that the name of Rest be added as an author on H. F. No. 204. The motion prevailed.

Greiling moved that the name of Skoglund be added as an author on H. F. No. 213. The motion prevailed.

Wagenius moved that the name of Kelliher be added as an author on H. F. No. 219. The motion prevailed.

Solberg moved that the name of Murphy be added as an author on H. F. No. 221. The motion prevailed.

Olson moved that the names of Kielkucki, Ness, Schumacher, Molnau and Milbert be added as authors on H. F. No. 222. The motion prevailed.

Leppik moved that the name of Rest be added as an author on H. F. No. 223. The motion prevailed.

Stanek moved that the name of Luther be added as an author on H. F. No. 238. The motion prevailed.

Dawkins moved that the name of Greiling be added as an author on H. F. No. 241. The motion prevailed.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 9:30 a.m., Wednesday, January 27, 1999. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Wednesday, January 27, 1999.

Edward A. Burdick, Chief Clerk, House of Representatives