EIGHTY-FIRST SESSION 1999
__________________
THIRTY-SIXTH DAY
Saint Paul, Minnesota, Wednesday, March 31, 1999
This Journal as a PDF document
The House of Representatives convened at 12:00 noon and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, 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:
Abeler | Dorman | Holsten | Lindner | Ozment | Stang | |
Abrams | Dorn | Howes | Luther | Paulsen | Storm | |
Anderson, B. | Entenza | Huntley | Mahoney | Pawlenty | Swenson | |
Anderson, I. | Erhardt | Jaros | Mares | Paymar | Sykora | |
Bakk | Erickson | Jennings | Mariani | Pelowski | Tingelstad | |
Biernat | Finseth | Johnson | Marko | Peterson | Tomassoni | |
Bishop | Folliard | Juhnke | McCollum | Pugh | Trimble | |
Boudreau | Fuller | Kahn | McElroy | Rest | Tuma | |
Bradley | Gerlach | Kalis | McGuire | Reuter | Tunheim | |
Broecker | Gleason | Kelliher | Milbert | Rhodes | Vandeveer | |
Buesgens | Goodno | Kielkucki | Molnau | Rifenberg | Wagenius | |
Carlson | Gray | Knoblach | Mulder | Rostberg | Wejcman | |
Carruthers | Greenfield | Koskinen | Mullery | Rukavina | Wenzel | |
Cassell | Greiling | Krinkie | Murphy | Schumacher | Westerberg | |
Chaudhary | Gunther | Kubly | Ness | Seagren | Westfall | |
Clark, J. | Haake | Kuisle | Nornes | Seifert, J. | Westrom | |
Clark, K. | Hackbarth | Larsen, P. | Olson | Seifert, M. | Wilkin | |
Daggett | Harder | Larson, D. | Opatz | Skoe | Winter | |
Davids | Hasskamp | Leighton | Orfield | Skoglund | Wolf | |
Dawkins | Hausman | Lenczewski | Osskopp | Smith | Workman | |
Dehler | Hilty | Leppik | Osthoff | Solberg | Spk. Sviggum | |
Dempsey | Holberg | Lieder | Otremba | Stanek | ||
A quorum was present.
Haas, Munger and Van Dellen were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Gunther moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1999 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time and
S.F. H.F. Session Laws Date Approved Date Filed
No. No. Chapter No. 1999 1999
757 Resolution No. 2 3:51 p.m. March 29 March 29
255 24 3:46 p.m. March 29 March 29
460 25 3:48 p.m. March 29 March 29
407 26 3:49 p.m. March 29 March 29
Sincerely,
Mary Kiffmeyer
Secretary of State
Smith from the Committee on Civil Law to which was referred:
H. F. No. 478, A bill for an act relating to commerce; providing for the protection of structured settlements; proposing coding for new law in Minnesota Statutes, chapter 549.
Reported the same back with the following amendments:
Page 4, line 24, before "No" insert "Subdivision 1. [GENERALLY.]"
Page 5, line 26, after "is" insert "in the best interests of the payee;"
Page 6, line 15, delete "and"
Page 6, line 20, before the period, insert "; and
(g) the transfer agreement provides that any disputes between the parties will be governed, interpreted, construed, and enforced in accordance with the laws of this state and that the domicile state of the payee is the proper place of venue to bring any cause of action arising out of a breach of the agreement. The transfer agreement must also provide that the parties agree to the jurisdiction of any court of competent jurisdiction located in this state"
Page 6, after line 20, insert:
"Subd. 2. [DISCLOSURE STATEMENT.] No structured settlement agreement is effective unless, not less than ten days before the effective date of the structured settlement agreement, the structured settlement obligor has provided to the payee a disclosure statement in bold type, no smaller than 14 points, specifying:
(1) the amounts and due dates of the structured settlement payments;
(2) the aggregate amount of the payments;
(3) the discounted present value of the payments, together with the discount rate used in determining the discounted present value;
(4) an itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, referral fees, administrative fees, legal fees, notary fees, and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;
(5) the net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in clause (4);
(6) the quotient, expressed as a percentage, obtained by dividing the net payment amount by the discounted present value of the payments; and
(7) the amount of any penalty and the aggregate amount of any liquidated damages, including penalties, payable by the payee in the event of any breach of the structured settlement agreement by the payee."
Page 7, line 32, after the second "to" insert "structured settlement agreements entered into on or after August 1, 1999, and"
With the recommendation that when so amended the bill pass.
The report was adopted.
Davids from the Committee on Commerce to which was referred:
H. F. No. 509, A bill for an act relating to agriculture; providing for shared savings loans for demonstration projects of manure processing and odor control technology; providing incentives for the purchase of energy generated by wind energy conversion facilities, manure waste methane recovery systems, and poultry litter; appropriating money; amending Minnesota Statutes 1998, sections 17.115, by adding a subdivision; and 216C.41.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 17.115, is amended by adding a subdivision to read:
Subd. 5. [MANURE PROCESS AND ODOR CONTROL TECHNOLOGY.] Notwithstanding subdivision 2, paragraphs (b) and (c), interest-free loans up to $200,000 may be made under this section to any resident of Minnesota for demonstration projects of new technology for processing manure and odor control. Loans under this subdivision may be used as a match for federal loans or grants. Money from repayment of loans must be deposited in the revolving loan account for this program to be used for future projects.
Sec. 2. Minnesota Statutes 1998, section 216B.2424, is amended by adding a subdivision to read:
Subd. 6. [FUEL SUPPLY CONTRACT.] Notwithstanding any other provision of this section, a public utility may satisfy up to 75 megawatts of the mandate in subdivision 5 by converting power purchase agreements entered into to satisfy that mandate and executed prior to March 15, 1999, into fuel supply agreements between the same parties.
Sec. 3. Minnesota Statutes 1998, section 216C.41, is amended to read:
216C.41 [RENEWABLE ENERGY PRODUCTION INCENTIVE.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.
(b) "Qualified hydroelectric facility" means a hydroelectric generating facility in this state that:
(1) is located at the site of a dam, if the dam was in existence as of March 31, 1994; and
(2) begins generating electricity after July 1, 1994.
(c) "Qualified wind energy conversion facility" means a wind energy conversion system that:
(1) produces two megawatts or less of electricity as measured by nameplate rating and begins generating electricity
after June 30, 1997, and before July 1, 1999; or
(2) begins generating electricity after June 30, 1999, produces two megawatts or less of electricity as measured by nameplate rating, and is:
(i) located within one county and owned by a natural person who owns the land where the facility is sited;
(ii) owned by a Minnesota small business as defined in section 645.445;
(iii) owned by a nonprofit organization; or
(iv) owned by a tribal council if the facility is located within the boundaries of the reservation; or
(3) begins generating electricity after June 30, 1999, produces ten megawatts or less of electricity as measured by nameplate rating, and:
(i) is owned by a cooperative organized under chapter 308A; and
(ii) all shares and membership in the cooperative are held by natural persons or estates, at least 51 percent of whom reside in a county or contiguous to a county where the wind energy production facilities of the cooperative are located.
(d) "Qualified methane recovery facility" means a farm-located farm animal manure waste methane recovery system that: (1) is located in Minnesota; and (2) begins generating electricity after January 1, 1999.
Subd. 2. [INCENTIVE PAYMENT.] Incentive payments shall be made according to this section to the owner or operator of a qualified methane recovery facility, qualified hydropower facility, or qualified wind energy conversion facility for electric energy generated and sold by the facility. Payment may only be made upon receipt by the commissioner of finance of an incentive payment application that establishes that the applicant is eligible to receive an incentive payment and that satisfies other requirements the commissioner deems necessary. The application shall be in a form and submitted at a time the commissioner establishes. There is annually appropriated from the general fund sums sufficient to make the payments required under this section.
Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under this section only for electricity generated:
(a) from a qualified hydroelectric facility that is operational and generating electricity before January 1, 2001;
or
(b) from a qualified wind energy conversion facility that is operational and generating electricity before January 1, 2005; or
(c) from a qualified methane recovery facility that is operational and generating electricity before January 1, 2010.
Subd. 4. [PAYMENT PERIOD.] A facility may receive payments under this section for a ten-year period. No payment under this section may be made for electricity generated:
(a) by a qualified hydroelectric facility after December 31, 2010; or
(b) by a qualified wind energy conversion facility after December 31, 2015; or
(c) by a qualified methane recovery facility after December 31, 2020.
The payment period begins and runs consecutively from the first year in which electricity generated from the facility is eligible for incentive payment.
Subd. 5. [AMOUNT OF PAYMENT.] (a) An incentive payment is based on the number of kilowatt hours of electricity generated. The amount of the payment is 1.5 cents per kilowatt hour.
(b) For electricity generated by qualified wind energy conversion facilities, the incentive payment under this section is limited to no more than 100 megawatts of nameplate capacity. During any period in which qualifying claims for incentive payments exceed 100 megawatts of nameplate capacity, the payments must be made to producers in the order in which the production capacity was brought into production.
(c) For electricity generated by a qualified methane recovery facility, the incentive payment under this section is limited to no more than 15 megawatts of capacity.
Sec. 4. [APPROPRIATION; MANURE AND ODOR CONTROL.]
$2,000,000 is appropriated from the general fund to the commissioner of agriculture for fiscal year 2000 to be used for loans under section 1."
Delete the title and insert:
"A bill for an act relating to agriculture; providing loans for demonstration projects of new technology for processing manure and odor control; regulating biomass fuel supply contracts; providing incentives for the purchase of energy generated by manure waste methane recovery systems; appropriating money; amending Minnesota Statutes 1998, sections 17.115, by adding a subdivision; 215B.2424, by adding a subdivision; and 216C.41."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Agriculture and Rural Development Finance.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 649, A bill for an act relating to employment; establishing standards for employment support programs and services for persons with mental illness; requiring the commissioner of economic security to request funding for employment support services; amending Minnesota Statutes 1998, sections 268A.13; and 268A.14; proposing coding for new law in Minnesota Statutes, chapter 245.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Smith from the Committee on Civil Law to which was referred:
H. F. No. 1122, A bill for an act relating to civil mediation; providing for the effect of a mediated settlement agreement; amending Minnesota Statutes 1998, section 572.35, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 572.35, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The effect of a mediated settlement agreement shall be determined under principles of law applicable to contract. A mediated settlement agreement is not binding unless:
(1) it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; or
(2) the parties were otherwise advised of the conditions in clause (1)."
With the recommendation that when so amended the bill pass.
The report was adopted.
Smith from the Committee on Civil Law to which was referred:
H. F. No. 1153, A bill for an act relating to courts; requesting the supreme court to study and make recommendations regarding juror compensation.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
Finseth from the Committee on Agriculture Policy to which was referred:
H. F. No. 1235, A bill for an act relating to agriculture; exempting livestock production facilities from the ambient hydrogen sulfide standards on days manure is being removed from barns or manure storage facilities; amending Minnesota Statutes 1998, section 116.0713.
Reported the same back with the following amendments:
Page 2, after line 1, insert:
"(c) The operator of a livestock production facility that claims exemption from ambient hydrogen sulfide standards under paragraph (b) must, not later than five days prior to the start of manure agitation or removal operations, notify the residents of all residential units located within 5,000 feet of the production facility or application area."
With the recommendation that when so amended the bill pass.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1297, A bill for an act relating to economic development; providing for a planning grant to the city of Little Falls for a fishing museum and environmental education center; appropriating money.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
The report was adopted.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1593, A bill for an act relating to health; establishing a loan forgiveness program for certain pharmacy students; authorizing sole community pharmacy financial assistance; establishing a pilot project for drug therapy management; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the following amendments:
Page 2, line 7, delete everything after the second period and insert "[SELECTION CRITERIA; STARTING DATES.]"
Page 2, delete lines 8 to 11
Page 2, line 12, delete "oversight committee" and insert "The commissioner"
Page 2, line 13, delete "oversight committee" and insert "commissioner"
Page 2, line 20, after "pay" insert "to the program administrator"
Page 2, line 21, after "loans" insert "for all participants"
Page 3, lines 28 and 31, delete "oversight committee" and insert "commissioner"
Page 4, line 10, delete "A"
Page 4, delete lines 11 to 13
Page 4, line 14, delete everything before "shall" and insert "The commissioner"
Page 5, line 1, after the period, insert "Pharmacist drug therapy management (1) does not include the initiation of a prescription drug order by a pharmacist, and (2) does not permit a pharmacist to make any unauthorized decisions about modifying or substituting drug therapies under this pilot program. A pharmacist participating in this pilot program must comply with Minnesota Statutes, section 151.21, subdivision 1."
Page 5, line 6, delete "January" and insert "February" and delete "December" and insert "January"
Page 5, line 7, delete "2000" and insert "2001" and delete everything after the period
Page 5, delete lines 8 and 9 and insert "The commissioner of human services shall issue a request for information (RFI) from the public by August 1, 1999. A report to the Minnesota legislature is due by February 1, 2000. The commissioner of human services shall also issue a request for proposal (RFP) to award a grant to the appropriate bidder to implement the pilot program by October 1, 1999. The commissioner of human services shall issue a final report to the Minnesota legislature by March 15, 2001."
Page 5, line 12, after "shall" insert "issue a final"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Stanek from the Committee on Crime Prevention to which was referred:
H. F. No. 1602, A bill for an act relating to human services; making health care changes; clarifying prescription drug coverage for the senior drug program; allowing reconsideration of commissioner's decision that services are not medically necessary under medical assistance program; changing medical assistance payments for hospital providers; establishing performance measurement for health care; changing a provision for medical assistance eligibility; establishing medical assistance income standard for supplemental security income recipients; adopting income deductions for medical assistance for institutionalized persons; changing rehabilitation services review; establishing telemedicine consultation; improving pharmacy medicine management; refinancing medical assistance school reimbursement; modifying provisions for cost-based payments; providing community-based services for severely emotionally disturbed children; proscribing conflicts of interest for Medicaid payments; modifying nursing facility prohibited practices; requiring commissioner to assume liability for federal share of medical education and research payments above the charge limit; increasing professional provider payment; improving dental access; clarifying MinnesotaCare premium payment provisions; clarifying earned income disregard in the waiver request to health care financing administration; requiring commissioner of human services to complete study; amending Minnesota Statutes 1998, sections 256.955, subdivisions 3, 4, 7, 8, and 9; 256.9685, subdivision 1a; 256.969, subdivision 1; 256B.04, by adding a subdivision; 256B.055, subdivision 3a; 256B.056, subdivision 4; 256B.057, by adding a subdivision; 256B.0575; 256B.0625, subdivisions 8, 8a, 13, 26, 30, 32, 35, and by adding subdivisions; 256B.0635, subdivision 3; 256B.48, subdivision 1; 256B.69, by adding a subdivision; 256B.75; 256B.76; 256L.03, subdivision 5; 256L.04, subdivisions 2, 8, and 13; 256L.05, subdivision 4; 256L.06, subdivision 3; 256L.07; and 256L.15, subdivisions 1, 1b, and 2; Laws 1995, chapter 178, article 2, section 46, subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 256B.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1613, A bill for an act relating to landlords and tenants; requiring certain limitations on tenant screening fees; proposing coding for new law in Minnesota Statutes, chapter 504.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [504.301] [APPLICANT SCREENING FEE.]
Subdivision 1. [APPLICANT SCREENING FEE CAP.] If a landlord or the landlord's agent imposes a screening fee upon a residential property applicant, the landlord or the landlord's agent may not charge more than the landlord's average out-of-pocket expenses of using a tenant screening service or a consumer credit reporting service. A landlord who conducts the background screening on a prospective tenant may not charge more than the customary fee imposed by a tenant screening service for the background screening.
Subd. 2. [LIMIT ON NUMBER OF APPLICANT SCREENING FEES.] A landlord or the landlord's agent may not charge an applicant a screening fee when the landlord knows or should have known that no rental unit is available at that time or will be available within a reasonable future time.
Subd. 3. [RETURN OF APPLICANT SCREENING FEE.] If the landlord or the landlord's agent does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord or the landlord's agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant. The screening fee may be returned by mail, may be destroyed upon the applicant's request if paid by check, or may be made available for the applicant to retrieve.
Subd. 4. [DISCLOSURES TO APPLICANT.] A landlord or the landlord's agent, prior to taking an application fee from a prospective tenant, must disclose on the application form or orally the name, address, and telephone number of the tenant screening service the owner will use, unless the owner does not use a tenant screening service.
Subd. 5. [REMEDIES.] (a) In addition to any other remedies, a landlord who violates this section is liable to the applicant for the application fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.
(b) A rental housing applicant who makes a material false statement or provides material false information in connection with a rental application is liable to the owner for a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy. A tenant is not liable under this paragraph if the owner did not comply with subdivision 4 or if a unit was not rented to the applicant.
Sec. 2. [REPEALER.]
Minnesota Statutes 1998, section 504.30, subdivision 5, is repealed."
Amend the title as follows:
Page 1, line 4, before the period, insert "; repealing Minnesota Statutes 1998, section 504.30, subdivision 5"
With the recommendation that when so amended the bill pass.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1634, A bill for an act relating to bonds; authorizing the issuance of general obligation bonds to renovate an historic structure without requirement of ownership by the issuer.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Capital Investment.
The report was adopted.
Smith from the Committee on Civil Law to which was referred:
H. F. No. 1728, A bill for an act relating to professions; modifying provisions of the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design relating to fees and continuing education; increasing penalties; amending Minnesota Statutes 1998, section 326.111, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Rules, part 1800.0500, subpart 3.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 1915, A bill for an act relating to workers' compensation; modifying third party liability provisions; requiring attorneys to file statements of attorney fees; modifying special compensation fund procedures; providing alternative cost allocation accounts; amending Minnesota Statutes 1998, sections 176.011, subdivision 3; 176.061, subdivisions 3, 5, 7, 10, and by adding a subdivision; 176.081, subdivision 1; 176.101, subdivisions 1, 2a, and 8; 176.102, subdivision 11; 176.111, by adding a subdivision; 176.129, subdivisions 2, 3, and 4; 176.231, subdivision 2; and 176.611, subdivision 2a.
Reported the same back with the following amendments:
Page 14, line 6, delete "wants" and insert "requests"
Page 16, after line 16, insert:
"Sec. 12. Minnesota Statutes 1998, section 176.111, subdivision 18, is amended to read:
Subd. 18. [BURIAL EXPENSE.] In all cases where death results to an employee from a personal injury arising
out of and in the course of employment, the employer shall pay the reasonable expense of burial, not
exceeding in amount $7,500 $15,000. In case any dispute arises as to the reasonable value of the
services rendered in connection with the burial, its reasonable value shall be determined and approved by the
commissioner, a compensation judge, or workers' compensation court of appeals, in cases upon appeal, before
payment, after reasonable notice to interested parties as is required by the commissioner. If the deceased leaves no
dependents, no compensation is payable, except as provided by this chapter."
Page 19, line 12, delete "and" and after "11" insert ", and 12"
Page 19, line 15, delete "12" and insert "13"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 5, after the semicolon, insert "increasing the benefit for burial expenses;"
Page 1, line 10, before "by" insert "subdivision 18, and"
With the recommendation that when so amended the bill pass.
The report was adopted.
Broecker from the Committee on Judiciary Finance to which was referred:
H. F. No. 2045, A bill for an act relating to public safety training; appropriating money to develop plans for the construction and operation of a southeastern Minnesota regional public safety training center.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Capital Investment.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2170, A bill for an act relating to shoreland areas; creating a pilot program in two counties; appropriating money.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Broecker from the Committee on Judiciary Finance to which was referred:
H. F. No. 2228, A bill for an act relating to crime prevention; authorizing grants to Hennepin and Ramsey counties to construct law enforcement training facilities; requiring the counties to submit detailed plans relating to the facilities; appropriating money.
Reported the same back with the following amendments:
Page 1, line 9, delete "AND" and insert a comma and after "RAMSEY" insert ", AND WASHINGTON"
Page 1, line 10, delete "$5,000,000" and insert "$7,500,000"
Page 1, line 12, delete "and" and insert a comma
Page 1, line 13, after "Ramsey" insert ", and Washington"
Page 1, line 15, delete "and" and insert a comma and before the period, insert ", and $2,500,000 is for a grant to Washington county"
Page 1, line 22, delete "both" and insert "each of" and delete "and" and insert a comma
Page 1, line 23, after "Ramsey" insert ", and Washington"
Page 2, line 14, delete the second "and" and insert a comma
Page 2, line 15, after "Ramsey" insert ", and Washington"
Amend the title as follows:
Page 1, line 3, delete "and" and insert a comma and after "Ramsey" insert ", and Washington"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Capital Investment.
The report was adopted.
Mares from the Committee on Education Policy to which was referred:
S. F. No. 86, A bill for an act relating to education; providing for technical and other changes to kindergarten through grade 12 education provisions; amending Minnesota Statutes 1998, sections 120B.05; 120B.11, subdivision 5; 121A.25, subdivision 1; 123A.22, subdivisions 6 and 7; 123A.27; 123A.48, subdivision 19; 123A.485, subdivision 1; 123B.14, subdivision 5; 123B.31; 123B.70, subdivision 1; 123B.86, subdivision 1; 123B.88, subdivisions 1, 13, and 22; 123B.95, subdivision 2; 124D.11, subdivision 5; 124D.114; 124D.21; 124D.38, subdivision 9; 124D.40; 124D.41; 124D.42, subdivisions 4, 6, and 7; 124D.43; 124D.45, subdivisions 1 and 2; 124D.454, subdivision 8; 124D.53, subdivision 2; 124D.61; 124D.70; 124D.81, subdivision 1; 124D.83, subdivision 2; 124D.895; 124D.896; 125A.62, subdivision 1; 125A.77, subdivision 1; 125A.79, subdivision 1; 126C.05, subdivisions 4 and 5; 126C.10, subdivision 9; 126C.14; 126C.15, subdivision 3; 126C.16, subdivisions 1 and 2; 126C.22, subdivision 4; 126C.41, subdivision 1; 126C.44; 126C.48, subdivisions 2 and 5; 127A.41, subdivision 1; 127A.45, subdivision 13; and 127A.49, subdivisions 2 and 3; Laws 1998, chapter 398, article 5, section 50, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 120A; repealing Minnesota Statutes 1998, sections 123B.92, subdivision 10; 124D.128, subdivision 4; 124D.38, subdivision 10; and 124D.45, subdivision 3; Laws 1995, First Special Session chapter 3, article 5, section 9; Laws 1997, chapter 192, section 19.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Bradley from the Committee on Health and Human Services Policy to which was referred:
S. F. No. 1099, A bill for an act relating to health; modifying training requirements for nursing assistants; amending Minnesota Statutes 1998, section 144A.61, subdivisions 2 and 3a.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Stanek from the Committee on Crime Prevention to which was referred:
S. F. No. 1120, A bill for an act relating to crime; defining the crime of laser assault; imposing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 609.
Reported the same back with the recommendation that the bill pass.
Stanek from the Committee on Crime Prevention to which was referred:
S. F. No. 1562, A bill for an act relating to planning; repealing a firearm report requirement; repealing Minnesota Statutes 1998, section 4A.06.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
H. F. Nos. 478, 649, 1122, 1153, 1235, 1613, 1728 and 1915 were read for the second time.
S. F. Nos. 86, 1099, 1120 and 1562 were read for the second time.
The following House Files were introduced:
Rhodes introduced:
H. F. No. 2330, A bill for an act relating to state government; modifying provisions administered by the commissioner of administration relating to public lands, procurements, easements, designer selection, parking facilities, and other matters; modifying the authority of the state archaeologist; amending Minnesota Statutes 1998, sections 16A.28, subdivision 5; 16B.171; 16B.26; 16B.33, subdivisions 3 and 4; 16B.58, subdivisions 5 and 7; 16B.85, subdivisions 2 and 3; 16C.05, subdivision 2; 16C.06, subdivision 3; 16C.08, subdivision 3; 16C.09; 16C.14, subdivision 1; 138.35, subdivisions 1 and 1a; Laws 1998, chapter 386, article 1, section 35.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Hasskamp, Bakk and Peterson introduced:
H. F. No. 2331, A bill for an act relating to natural resources; modifying watercraft license fees; removing personal watercraft surcharge; amending Minnesota Statutes 1998, section 86B.415, subdivision 1; repealing Minnesota Statutes 1998, section 86B.415, subdivision 7a.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Knoblach introduced:
H. F. No. 2332, A bill for an act relating to capital improvements; modifying match requirements for a grant; amending Laws 1998, chapter 404, section 7, subdivision 26.
The bill was read for the first time and referred to the Committee on Capital Investment.
Seagren and Mares introduced:
H. F. No. 2333, A bill for an act relating to education; repealing the January 15 deadline for settlement of teacher contracts; repealing Minnesota Statutes 1998, section 123B.05.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Holsten introduced:
H. F. No. 2334, A bill for an act relating to game and fish; modifying license fees; amending Minnesota Statutes 1998, section 97A.475, subdivisions 2, 3, 6, 7, 8, 11, 12, and 13.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Howes introduced:
H. F. No. 2335, A bill for an act relating to human services; increasing the contract payment rate for a nursing facility; amending Minnesota Statutes 1998, section 256B.434, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Sviggum introduced:
H. F. No. 2336, 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 Jobs and Economic Development Finance.
Larsen, P.; Pugh; Davids and Smith introduced:
H. F. No. 2337, A bill for an act relating to civil actions; limiting liability from year 2000 failures; proposing coding for new law as Minnesota Statutes, chapter 604B.
The bill was read for the first time and referred to the Committee on Civil Law.
Haas and Lindner introduced:
H. F. No. 2338, A bill for an act relating to highways; requiring construction of pedestrian bridge over highway 169; appropriating money.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Dehler introduced:
H. F. No. 2339, A bill for an act relating to education; appropriating money for the office of research and technology transfer administration for purposes of developing an international technology acquisition and transfer system.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Westfall, Skoe, Daggett, Kalis and Finseth introduced:
H. F. No. 2340, A bill for an act relating to agriculture; providing for a study of the usefulness of developing a revolving loan fund to support value-added activities associated with short rotation woody crops; requiring a report.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Molnau introduced:
H. F. No. 2341, A bill for an act relating to highways; authorizing issuance of trunk highway bonds for bridge repair, construction, and reconstruction and for acquisition of right-of-way; appropriating money.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Wagenius, Opatz, Knoblach, Schumacher and Hausman introduced:
H. F. No. 2342, A bill for an act relating to economic development; directing office of strategic and long-range planning to create state development strategy; appropriating money.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.
Molnau and Hausman introduced:
H. F. No. 2343, A bill for an act relating to transportation; requiring commissioner of transportation to be responsible for design, construction, and operation of commuter rail; requiring adoption of commuter rail system plan; establishing design plan approval process for commuter rail; creating commuter rail corridor coordinating committee; modifying provisions relating to regional rail authorities; amending Minnesota Statutes 1998, sections 398A.04, subdivision 2; 473.399; and 473.3994, subdivisions 3, 4, and 10; amending Laws 1998, chapter 404, section 17, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 174; repealing Minnesota Statutes 1998, section 473.3998.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Rhodes introduced:
H. F. No. 2344, A bill for an act relating to appropriations; restoring appropriations for various nonprofit agencies.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Bishop introduced:
H. F. No. 2345, A bill for an act relating to state government finance; requiring the legislative commission on planning and fiscal policy to develop principles and standards relating to forecasting and budgeting.
The bill was read for the first time and referred to the Committee on Ways and Means.
Kubly and Seifert, M., introduced:
H. F. No. 2346, A bill for an act relating to human services; appropriating money for compulsive gambling treatment and education.
The bill was read for the first time and referred to the Committee on State Government Finance.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 414, A bill for an act relating to agriculture; extending the program for control of pseudorabies in swine; appropriating money.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 50, A bill for an act relating to the county of Goodhue; allowing a 1998 levy limit adjustment for certain payments in lieu of tax.
Patrick E. Flahaven, Secretary of the Senate
Dempsey moved that the House refuse to concur in the Senate amendments to H. F. No. 50, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.
Carruthers raised a point of order pursuant to section 124 of "Mason's Manual of Legislative Procedure," relating to Personalities Not Permitted in Debate. The Speaker ruled the point of order well taken.
LAY ON THE TABLE
Osskopp moved to lay the Dempsey motion on the table.
A roll call was requested and properly seconded.
On the motion of Pugh and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abeler | Dorman | Holsten | Lindner | Paulsen | Storm | |
Abrams | Dorn | Howes | Luther | Pawlenty | Swenson | |
Anderson, B. | Entenza | Huntley | Mahoney | Paymar | Sykora | |
Anderson, I. | Erhardt | Jaros | Mares | Pelowski | Tingelstad | |
Bakk | Erickson | Jennings | Mariani | Peterson | Tomassoni | |
Biernat | Finseth | Johnson | Marko | Pugh | Trimble | |
Bishop | Folliard | Juhnke | McCollum | Rest | Tuma | |
Boudreau | Fuller | Kahn | McGuire | Reuter | Tunheim | |
Bradley | Gerlach | Kalis | Milbert | Rhodes | Vandeveer | |
Broecker | Gleason | Kelliher | Molnau | Rifenberg | Wagenius | |
Buesgens | Goodno | Kielkucki | Mulder | Rostberg | Wejcman | |
Carlson | Gray | Knoblach | Mullery | Rukavina | Wenzel | |
Carruthers | Greenfield | Koskinen | Murphy | Schumacher | Westerberg | |
Cassell | Greiling | Krinkie | Ness | Seagren | Westfall | |
Chaudhary | Gunther | Kubly | Nornes | Seifert, J. | Westrom | |
Clark, J. | Haake | Kuisle | Olson | Seifert, M. | Wilkin | |
Clark, K. | Hackbarth | Larsen, P. | Opatz | Skoe | Winter | |
Daggett | Harder | Larson, D. | Orfield | Skoglund | Wolf | |
Davids | Hasskamp | Leighton | Osskopp | Smith | Workman | |
Dawkins | Hausman | Lenczewski | Osthoff | Solberg | Spk. Sviggum | |
Dehler | Hilty | Leppik | Otremba | Stanek | ||
Dempsey | Holberg | Lieder | Ozment | Stang | ||
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.
Pugh raised a point of order pursuant to rule 3.12 relating to the Motion to Lay On The Table. The Speaker ruled the point of order not well taken.
Carruthers raised a point of order pursuant to section 331, paragraph 2, of "Mason's Manual of Legislative Procedure," relating to the Application of the Motion to Lay on the Table. The Speaker ruled the point of order not well taken.
The question recurred on the Osskopp motion and the roll was called.
Pawlenty moved that those not voting be excused from voting. The motion prevailed.
There were 73 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Abeler | Dempsey | Holsten | Mulder | Rostberg | Wenzel | |
Abrams | Dorman | Howes | Ness | Seagren | Westerberg | |
Anderson, B. | Erhardt | Kielkucki | Nornes | Seifert, J. | Westfall | |
Bishop | Erickson | Knoblach | Olson | Seifert, M. | Westrom | |
Boudreau | Finseth | Krinkie | Osskopp | Smith | Wilkin | |
Bradley | Fuller | Kuisle | Osthoff | Stanek | Wolf | |
Broecker | Gerlach | Larsen, P. | Ozment | Stang | Workman | |
Buesgens | Goodno | Lenczewski | Paulsen | Storm | Spk. Sviggum | |
Cassell | Gunther | Leppik | Pawlenty | Swenson | ||
Clark, J. | Haake | Lindner | Rest | Sykora | ||
Daggett | Hackbarth | Mares | Reuter | Tingelstad | ||
Davids | Harder | McElroy | Rhodes | Tuma | ||
Dehler | Holberg | Molnau | Rifenberg | Vandeveer | ||
Those who voted in the negative were:
Anderson, I. | Folliard | Jennings | Lieder | Opatz | Skoglund | |
Bakk | Gleason | Johnson | Luther | Orfield | Solberg | |
Biernat | Gray | Juhnke | Mahoney | Otremba | Tomassoni | |
Carlson | Greenfield | Kahn | Mariani | Paymar | Trimble | |
Carruthers | Greiling | Kalis | Marko | Pelowski | Tunheim | |
Chaudhary | Hasskamp | Kelliher | McCollum | Peterson | Wagenius | |
Clark, K. | Hausman | Koskinen | McGuire | Pugh | Wejcman | |
Dawkins | Hilty | Kubly | Milbert | Rukavina | Winter | |
Dorn | Huntley | Larson, D. | Mullery | Schumacher | ||
Entenza | Jaros | Leighton | Murphy | Skoe | ||
The motion prevailed and the Dempsey motion was laid on the table.
Pawlenty moved that the Message from the Senate relating to H. F. No. 50 be laid on the table.
A roll call was requested and properly seconded.
The question was taken on the Pawlenty motion and the roll was called.
Pawlenty moved that those not voting be excused from voting. The motion prevailed.
There were 72 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Anderson, I. | Gleason | Johnson | Lieder | Opatz | Skoglund | |
Bakk | Gray | Juhnke | Luther | Orfield | Solberg | |
Biernat | Greenfield | Kahn | Mahoney | Otremba | Tomassoni | |
Carlson | Greiling | Kalis | Mariani | Paymar | Trimble | |
Carruthers | Hasskamp | Kelliher | Marko | Pelowski | Tunheim | |
Chaudhary | Hausman | Koskinen | McCollum | Peterson | Wagenius | |
Clark, K. | Hilty | Kubly | McGuire | Pugh | Wejcman | |
Dawkins | Huntley | Larson, D. | Milbert | Rukavina | Wenzel | |
Dorn | Jaros | Leighton | Mullery | Schumacher | Winter | |
Folliard | Jennings | Lenczewski | Murphy | Skoe | ||
The motion prevailed and the Message from the Senate relating to H. F. No. 50 was laid on the table.
Kelliher was excused for the remainder of today's session.
Entenza moved that the vote whereby the Message from the Senate relating to H. F. No. 50 was laid on the table be now reconsidered.
A roll call was requested and properly seconded.
Abrams moved that the Entenza motion to reconsider be laid on the table.
A roll call was requested and properly seconded.
Carruthers raised a point of order pursuant to section 331 of "Mason's Manual of Legislative Procedure," relating to the Application of the Motion to Lay on the Table. The Speaker ruled the point of order not well taken.
The question recurred on the Abrams motion and the roll was called.
Pawlenty moved that those not voting be excused from voting. The motion prevailed.
There were 71 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Abeler | Dehler | Hackbarth | Mares | Reuter | Sykora | |
Abrams | Dempsey | Harder | McElroy | Rhodes | Tingelstad | |
Anderson, B. | Dorman | Holberg | Molnau | Rifenberg | Tuma | |
Bishop | Entenza | Holsten | Mulder | Rostberg | Vandeveer | |
Boudreau | Erhardt | Howes | Ness | Seagren | Westerberg | |
Bradley | Erickson | Kielkucki | Nornes | Seifert, J. | Westfall | |
Broecker | Finseth | Knoblach | Olson | Seifert, M. | Westrom | |
Buesgens | Fuller | Krinkie | Osskopp | Smith | Wilkin | |
Cassell | Gerlach | Kuisle | Ozment | Stanek | Wolf | |
Clark, J. | Goodno | Larsen, P. | Paulsen | Stang | Workman | |
Daggett | Gunther | Leppik | Pawlenty | Storm | Spk. Sviggum | |
Davids | Haake | Lindner | Rest | Swenson | ||
Those who voted in the negative were:
Anderson, I. | Gleason | Johnson | Luther | Orfield | Skoglund | |
Bakk | Gray | Juhnke | Mahoney | Osthoff | Solberg | |
Biernat | Greenfield | Kahn | Mariani | Otremba | Tomassoni | |
Carlson | Greiling | Kalis | Marko | Paymar | Trimble | |
Carruthers | Hasskamp | Koskinen | McCollum | Pelowski | Tunheim | |
Chaudhary | Hausman | Kubly | McGuire | Peterson | Wagenius | |
Clark, K. | Hilty | Larson, D. | Milbert | Pugh | Wejcman | |
Dawkins | Huntley | Leighton | Mullery | Rukavina | Wenzel | |
Dorn | Jaros | Lenczewski | Murphy | Schumacher | Winter | |
Folliard | Jennings | Lieder | Opatz | Skoe | ||
The motion prevailed and the Entenza motion to reconsider was laid on the table.
Knoblach moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Pursuant to rule 1.22, Bishop requested immediate consideration of H. F. No. 878.
H. F. No. 878 was reported to the House.
Bishop moved to amend H. F. No. 878, the first engrossment, as follows:
Page 1, line 3, delete "3,500,000" and insert "4,200,000"
Page 2, line 4, delete "3,500,000" and insert "4,200,000"
Page 2, line 5, delete "$3,500,000" and insert "$4,200,000"
Page 3, line 15, delete "225,000"
Page 3, lines 16 to 20, after "(a)" delete everything through the period
Page 3, lines 34 and 35, delete "In addition to the appropriation under this section,"
Page 3, line 36, delete "$750,000" and insert "$975,000"
Adjust the totals and numbers accordingly
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "imposing certain conditions and directions;"
The motion prevailed and the amendment was adopted.
Bishop moved that H. F. No. 878, as amended, be continued on the Fiscal Calendar. The motion prevailed.
Pawlenty moved that the Consent Calendar be continued. The motion prevailed.
Pawlenty moved that the Calendar for the Day be continued. The motion prevailed.
Entenza moved that the vote whereby the Message from the Senate relating to H. F. No. 50 was laid on the table be now reconsidered.
A roll call was requested and properly seconded.
Pawlenty moved that the Entenza motion to reconsider be laid on the table.
A roll call was requested and properly seconded.
POINT OF ORDER
Entenza raised a point of order pursuant to section 331, paragraph 2, of "Mason's Manual of Legislative Procedure" relating to the Application of the Motion to Lay on the Table. The Speaker ruled the point of order not well taken.
On the motion of Pawlenty and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abeler | Dorman | Holsten | Luther | Paulsen | Swenson | |
Abrams | Dorn | Howes | Mahoney | Pawlenty | Sykora | |
Anderson, B. | Entenza | Huntley | Mares | Paymar | Tingelstad | |
Anderson, I. | Erhardt | Jaros | Mariani | Pelowski | Tomassoni | |
Bakk | Erickson | Jennings | Marko | Peterson | Trimble | |
Biernat | Finseth | Johnson | McCollum | Pugh | Tuma | |
Bishop | Folliard | Juhnke | McElroy | Rest | Tunheim | |
Boudreau | Fuller | Kahn | McGuire | Reuter | Vandeveer | |
Bradley | Gerlach | Kalis | Milbert | Rhodes | Wagenius | |
Broecker | Gleason | Kielkucki | Molnau | Rifenberg | Wejcman | |
Buesgens | Goodno | Knoblach | Mulder | Rostberg | Wenzel | |
Carlson | Gray | Koskinen | Mullery | Rukavina | Westfall | |
Carruthers | Greenfield | Krinkie | Murphy | Schumacher | Westrom | |
Cassell | Greiling | Kubly | Ness | Seagren | Wilkin | |
Chaudhary | Gunther | Kuisle | Nornes | Seifert, M. | Winter | |
Clark, J. | Haake | Larsen, P. | Olson | Skoe | Workman | |
Clark, K. | Hackbarth | Larson, D. | Opatz | Skoglund | Spk. Sviggum | |
Daggett | Harder | Leighton | Orfield | Smith | ||
Davids | Hasskamp | Lenczewski | Osskopp | Solberg | ||
Dawkins | Hausman | Leppik | Osthoff | Stanek | ||
Dehler | Hilty | Lieder | Otremba | Stang | ||
Dempsey | Holberg | Lindner | Ozment | Storm | ||
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.
The question recurred on the Pawlenty motion to lay on the table and the roll was called.
Pawlenty moved that those not voting be excused from voting. The motion prevailed.
There were 69 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Anderson, I. | Gleason | Johnson | Luther | Orfield | Solberg | |
Bakk | Gray | Juhnke | Mahoney | Otremba | Tomassoni | |
Biernat | Greenfield | Kahn | Mariani | Paymar | Trimble | |
Carlson | Greiling | Kalis | Marko | Pelowski | Tunheim | |
Carruthers | Hasskamp | Koskinen | McCollum | Peterson | Wagenius | |
Chaudhary | Hausman | Kubly | McGuire | Pugh | Wejcman | |
Clark, K. | Hilty | Larson, D. | Milbert | Rukavina | Wenzel | |
Dawkins | Huntley | Leighton | Mullery | Schumacher | Winter | |
Dorn | Jaros | Lenczewski | Murphy | Skoe | ||
Folliard | Jennings | Lieder | Opatz | Skoglund | ||
The motion prevailed and the Entenza motion to reconsider was laid on the table.
Mulder moved that H. F. No. 1316 be recalled from the Committee on Jobs and Economic Development Policy and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.
Goodno moved that H. F. No. 1595, now on the General Register, be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.
Seagren moved that H. F. No. 2288 be recalled from the Committee on K-12 Education Finance and be re- referred to the Committee on Capital Investment. The motion prevailed.
Paymar moved that S. F. No. 973 be recalled from the Committee on Civil Law and together with H. F. No. 1153, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.
Ness moved that H. F. No. 403 be returned to its author. The motion prevailed.
Pawlenty moved that when the House adjourns today it adjourn until 2:30 p.m., Tuesday, April 6, 1999. The motion prevailed.
Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Tuesday, April 6, 1999.
Edward A. Burdick, Chief Clerk, House of Representatives