Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8807

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 2000

__________________

ONE HUNDRED FIFTH DAY

Saint Paul, Minnesota, Tuesday, April 11, 2000

This Journal as a PDF document

The House of Representatives convened at 9:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.

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

A quorum was present.

Mahoney was excused.

Clark, K., and Workman were excused until 9:55 a.m. Krinkie was excused until 12:20 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Lenczewski 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 - 105th Day - Tuesday, April 11, 2000 - Top of Page 8808

REPORTS OF CHIEF CLERK

S. F. No. 2302 and H. F. No. 2610, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Boudreau moved that the rules be so far suspended that S. F. No. 2302 be substituted for H. F. No. 2610 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2854 and H. F. No. 2880, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Skoglund moved that the rules be so far suspended that S. F. No. 2854 be substituted for H. F. No. 2880 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 6, 2000

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 3134, relating to natural resources; modifying authority of the metropolitan mosquito control commission to enter certain lands.

H. F. No. 3122, relating to human services; modifying provisions in health care programs; requiring a study of group residential housing; clarifying medical assistance coverage for employed persons with disabilities.


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H. F. No. 3510, relating to game and fish; providing for certain lifetime game and fish licenses; making the experimental two-deer license in certain counties permanent; appropriating money.

H. F. No. 2656, relating to consumer protection; regulating auto glass repair and replacement; restricting certain rebates and incentives; establishing an auto glass survey revolving account; appropriating money.

Sincerely,

Jesse Ventura

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

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 2000 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. 2000 2000

2676 335 3:45 p.m. April 6 April 6

2828 336 3:48 p.m. April 6 April 6

2546 337 3:50 p.m. April 6 April 6

3025 338 3:53 p.m. April 6 April 6

3134 339 3:54 p.m. April 6 April 6

3122 340 3:55 p.m. April 6 April 6

3510 341 3:56 p.m. April 6 April 6

2656 342 3:57 p.m. April 6 April 6

3554 343 3:58 p.m. April 6 April 6

624 344 4:00 p.m. April 6 April 6

Sincerely,

Mary Kiffmeyer
Secretary of State


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REPORTS OF STANDING COMMITTEES

Pawlenty from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 2516, A bill for an act relating to crime; amending the definition of harassment; amending Minnesota Statutes 1998, section 609.748, subdivisions 1, 3, 3a, and 4.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Pawlenty from the Committee on Rules and Legislative Administration to which was referred:

S. F. No. 689, A bill for an act relating to health; regulating complementary and alternative health care practitioners; establishing civil penalties; amending Minnesota Statutes 1999 Supplement, sections 13.99, by adding a subdivision; 147.09; and 214.01, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 146A.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 2516 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 2302, 2854 and 689 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Sviggum introduced:

H. F. No. 4147, A bill for an act proposing an amendment to the Minnesota Constitution; providing for a unicameral legislature; changing article IV; article V, sections 3 and 5; article VIII, sections 1 and 6; article IX, sections 1 and 2; and article XI, section 5; 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 Rules and Legislative Administration.


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Lenczewski introduced:

H. F. No. 4148, A bill for an act relating to natural resources; appropriating money to study watershed protection and improvement in the lower Minnesota river basin.

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

MESSAGES FROM THE SENATE

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. 3633, A bill for an act relating to state observances; designating Mighty Eighth Air Force Week; proposing coding for new law in Minnesota Statutes, chapter 10.

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. 3020, A bill for an act relating to human services; modifying provisions in long-term care; amending Minnesota Statutes 1998, sections 256B.411, subdivision 2; and 256B.431, subdivisions 1, 3a, 10, 16, 18, 21, 22, and 25; Minnesota Statutes 1999 Supplement, sections 256B.0913, subdivision 5; 256B.431, subdivisions 17 and 26; and 256B.434, subdivisions 3 and 4; repealing Minnesota Statutes 1998, sections 256B.03, subdivision 2; 256B.431, subdivisions 2, 2a, 2f, 2h, 2m, 2p, 2q, 3, 3b, 3d, 3h, 3j, 4, 5, 7, 8, 9, 9a, 12, and 24; 256B.48, subdivision 9; 256B.50, subdivision 3; and 256B.74, subdivision 3.

Patrick E. Flahaven, Secretary of the Senate

Bradley moved that the House refuse to concur in the Senate amendments to H. F. No. 3020, 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. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1870, A bill for an act relating to motor vehicles; regulating motor vehicle fuel franchises and marketing agreements; amending Minnesota Statutes 1998, section 80C.01, subdivision 4, and by adding subdivisions; proposing coding for new law as Minnesota Statutes, chapter 80F.


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The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Hottinger, Runbeck and Solon.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Haas moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1870. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to adopt the Conference Committee report on:

H. F. No. 2563, A bill for an act relating to liens; modifying mechanics' lien penalties; creating a civil cause of action; authorizing attorney fees; providing that proceeds are exempt from execution; imposing criminal penalties; amending Minnesota Statutes 1998, sections 514.02, subdivision 1, and by adding a subdivision; and 550.37, by adding a subdivision.

The Senate requests that H. F. No. 2563 be returned to the Conference Committee as formerly constituted.

Said House File is returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Storm moved that the House accede to the request of the Senate and that H. F. No. 2563 be returned to the Conference Committee as formerly constituted. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 2521, A bill for an act relating to local government; establishing standards for the creation of corporations by political subdivisions; providing for the continuation of existing corporations created by political subdivisions; amending Minnesota Statutes 1998, section 238.08, subdivision 3; proposing coding for new law in Minnesota Statutes 1998, chapter 465; repealing Minnesota Statutes 1998, section 465.715, subdivisions 1, 2, and 3; Minnesota Statutes 1999 Supplement, section 465.715, subdivision 1a.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Vickerman; Kelley, S. P., and Lesewski.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate


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Rest moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2521. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 2686, A bill for an act relating to health; establishing requirements for the sale of funeral goods and services and preneed funeral arrangements; modifying the enforcement authority of the commissioner of health; modifying licensing requirements for funeral establishments; prohibiting certain solicitations of sales by funeral providers; requiring certain disclosures by funeral providers; prohibiting certain deceptive acts and practices for funeral providers; establishing requirements for preneed funeral agreements; amending Minnesota Statutes 1998, sections 149A.02, subdivision 22, and by adding subdivisions; 149A.08, subdivisions 1, 3, 4, and by adding a subdivision; 149A.70, by adding subdivisions; 149A.71, subdivisions 1, 2, 3, and 4; 149A.72, subdivisions 5, 6, 7, 9, 10, 11, 12, and 13; 149A.73, subdivisions 1, 3, 4, and by adding a subdivision; 149A.75; and 149A.97, subdivisions 1, 2, 3, 6, 9, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 149A.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Robling, Wiener and Belanger.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Rest moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2686. The motion prevailed.

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1415

A bill for an act relating to natural resources; providing for gray wolf management; providing criminal penalties; amending Minnesota Statutes 1998, sections 97A.331, by adding a subdivision; and 97B.645; proposing coding for new law in Minnesota Statutes, chapter 97B.

April 5, 2000

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 1415, report that we have agreed upon the items in dispute and recommend as follows:


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That the Senate recede from its amendments and that H. F. No. 1415 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 3.737, subdivision 1, is amended to read:

Subdivision 1. [COMPENSATION REQUIRED.] (a) Notwithstanding section 3.736, subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated by the commissioner of agriculture for livestock that is destroyed by a timber gray wolf or is so crippled by a timber gray wolf that it must be destroyed. The owner is entitled to the fair market value of the destroyed livestock, not to exceed $750 per animal destroyed, as determined by the commissioner, upon recommendation of a university extension agent and or a conservation officer.

(b) Either the agent or the conservation officer must make a personal inspection of the site. The agent or the conservation officer must take into account factors in addition to a visual identification of a carcass when making a recommendation to the commissioner. The commissioner, upon recommendation of the agent and or conservation officer, shall determine whether the livestock was destroyed by a timber gray wolf and any deficiencies in the owner's adoption of the best management practices developed in subdivision 5. The commissioner may authorize payment of claims only if the agent and or the conservation officer have has recommended payment. The owner shall file a claim on forms provided by the commissioner and available at the university extension agent's office.

Sec. 2. Minnesota Statutes 1998, section 97A.331, is amended by adding a subdivision to read:

Subd. 7. [GRAY WOLF.] A person who takes, harasses, destroys, buys, sells, possesses, transports, or ships a gray wolf in violation of the game and fish laws is guilty of a gross misdemeanor.

Sec. 3. Minnesota Statutes 1998, section 97B.645, is amended to read:

97B.645 [GRAY WOLVES.]

Subdivision 1. [USE OF DOGS AND HORSES PROHIBITED; USE OF GUARD ANIMALS.] Except as provided in this subdivision, a person may not use a dog or horse to take a timber gray wolf. A person may use a guard animal to harass, repel, or destroy wolves to protect a person's livestock, domestic animals, or pets. A person whose guard animal destroys a gray wolf under this subdivision must protect all evidence and report the taking to a conservation officer as soon as practicable but no later than 48 hours after the gray wolf is destroyed.

Subd. 2. [PERMIT REQUIRED TO SNARE.] A person may not use a snare to take a wolf except under a permit from the commissioner.

Subd. 3. [DESTROYING GRAY WOLVES IN DEFENSE OF HUMAN LIFE.] A person may, at any time and without a permit, take a gray wolf in defense of the person's own life or the life of another. A person who destroys a gray wolf under this subdivision must protect all evidence and report the taking to a conservation officer as soon as practicable but no later than 48 hours after the gray wolf is destroyed.

Subd. 4. [HARASSMENT OF GRAY WOLVES.] To discourage gray wolves from contact or association with people and domestic animals, a person may, at any time and without a permit, harass a gray wolf that is within 500 yards of people, buildings, dogs, livestock, or other domestic pets and animals. A gray wolf may not be purposely attracted, tracked, or searched out for the purpose of harassment. Harassment that results in physical injury to a gray wolf is prohibited.

Subd. 5. [DESTROYING GRAY WOLVES THREATENING LIVESTOCK, GUARD ANIMALS, OR DOMESTIC ANIMALS.] An owner of livestock, guard animals, or domestic animals, and the owner's agents may, at any time and without a permit, shoot or destroy a gray wolf when the gray wolf is posing an immediate threat to livestock, a guard animal, or a domestic animal located on property owned, leased, or occupied by the owner of the


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livestock, guard animal, or domestic animal. A person who destroys a gray wolf under this subdivision must protect all evidence and report the taking to a conservation officer as soon as practicable but no later than 48 hours after the gray wolf is destroyed.

Subd. 6. [DESTROYING GRAY WOLVES THREATENING DOMESTIC PETS.] An owner of a domestic pet may, at any time and without a permit, shoot or destroy a gray wolf when the gray wolf is posing an immediate threat to a domestic pet under the supervision of the owner. A person who destroys a gray wolf under this subdivision must protect all evidence and report the taking to a conservation officer as soon as practicable but no later than 48 hours after the gray wolf is destroyed.

Subd. 7. [INVESTIGATION OF REPORTED GRAY WOLF TAKINGS.] (a) In response to a reported gray wolf taking under subdivision 3, 5, or 6, the commissioner shall:

(1) investigate the reported taking;

(2) collect appropriate written and photographic documentation of the circumstances and site of the taking, including, but not limited to, documentation of animal husbandry practices;

(3) confiscate salvageable remains of the gray wolf killed; and

(4) dispose of any salvageable gray wolf remains confiscated under this subdivision by sale or donation for educational purposes.

(b) The commissioner shall produce monthly reports of activities under this subdivision.

(c) In response to a reported gray wolf taking under subdivision 5, the commissioner must notify the county extension agent. The county extension agent must recommend what, if any, cost-conscious livestock best management practices and nonlethal wolf depredation controls are needed to prevent future wolf depredation. Any best management practices recommended by the county extension agent must be consistent with the best management practices developed by the commissioner of agriculture under section 3.737, subdivision 5.

Subd. 8. [SHOOTING OR TRAPPING GRAY WOLVES TO PROTECT LIVESTOCK, DOMESTIC ANIMALS, OR PETS IN ZONE B.] Notwithstanding the provisions of subdivisions 1 and 4 to 7, in zone B, a person may shoot a gray wolf at any time to protect the person's livestock, domestic animals, or pets or may employ a predator controller certified under section 97B.671 to trap a gray wolf for the same purpose. The person must report the gray wolf shot or trapped pursuant to this subdivision to a conservation officer as soon as practicable but no later than 48 hours after the gray wolf was shot or trapped. The gray wolf must be disposed of as prescribed by the commissioner.

Subd. 9. [OPEN SEASON.] There shall be no open season for gray wolves for five years after the gray wolf is delisted under the federal Endangered Species Act of 1973. After that time, the commissioner may prescribe open seasons and restrictions for taking gray wolves, but must provide opportunity for public comment.

Subd. 10. [RELEASE OF WOLF-DOG HYBRIDS AND CAPTIVE GRAY WOLVES.] A person may not release a wolf-dog hybrid. A person may not release a captive gray wolf without a permit from the commissioner.

Subd. 11. [FEDERAL LAW.] Notwithstanding the provisions of this section, a person may not take, harass, buy, sell, possess, transport, or ship gray wolves in violation of federal law.

Subd. 12. [DEFINITIONS.] (a) For purposes of this section, the terms used have the meanings given.

(b) "Guard animal" means a donkey, llama, dog, or other domestic animal specifically bred, trained, and used to protect livestock, domestic animals, or pets from gray wolf depredation.


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(c) "Immediate threat" means the observed behavior of a gray wolf in the act of stalking, attacking, or killing livestock, a guard animal, or a domestic pet under the supervision of the owner. If a gray wolf is not observed stalking or attacking, the presence of a gray wolf feeding on an already dead animal whose death was not caused by gray wolves is not an immediate threat.

(d) "Zone B" means all that part of Minnesota south and west of a line beginning on state trunk highway No. 48 at the eastern boundary of the state; thence westerly along state trunk highway No. 48 to interstate highway No. 35; thence northerly on interstate highway No. 35 to state highway No. 23; thence west one-half mile on state highway No. 23 to state trunk highway No. 18; thence westerly along state trunk highway No. 18 to state trunk highway No. 65; thence northerly on state trunk highway No. 65 to state trunk highway No. 210; thence westerly along state trunk highway No. 210 to state trunk highway No. 6; thence northerly on state trunk highway No. 6 to Emily; thence westerly along county state-aid highway No. 1, Crow Wing county, to county state-aid highway No. 2, Cass county; thence westerly along county state-aid highway No. 2 to Pine River; thence northwesterly along state trunk highway No. 371 to Backus; thence westerly along state trunk highway No. 87 to U.S. highway No. 71; thence northerly along U.S. highway No. 71 to state trunk highway No. 200; thence northwesterly along state trunk highway No. 200 to county state-aid highway No. 2, Clearwater county; thence northerly along county state-aid highway No. 2 to Shevlin; thence along U.S. highway No. 2 to Bagley; thence northerly along state trunk highway No. 92 to Gully; thence northerly along county state-aid highway No. 2, Polk county, to county state-aid highway No. 27, Pennington county; thence along county state-aid highway No. 27 to state trunk highway No. 1; thence easterly along state trunk highway No. 1 to county state-aid highway No. 28, Pennington county; thence northerly along county state-aid highway No. 28 to county state-aid highway No. 54, Marshall county; thence northerly along county state-aid highway No. 54 to Grygla; thence west and northerly along state highway No. 89 to Roseau; thence northerly along state trunk highway No. 310 to the Canadian border.

Sec. 4. [97B.646] [GRAY WOLF MANAGEMENT PLAN.]

The commissioner, in consultation with the commissioner of agriculture, shall adopt a gray wolf management plan that includes goals to ensure the long-term survival of the gray wolf in Minnesota, to reduce conflicts between gray wolves and humans, to minimize depredation of livestock and domestic pets, and to manage the ecological impact of wolves on prey species and other predators.

Sec. 5. Minnesota Statutes 1998, section 97B.671, subdivision 3, is amended to read:

Subd. 3. [PREDATOR CONTROL PAYMENTS.] The commissioner shall pay a predator controller the amount the commissioner prescribes for each predator taken. The commissioner shall pay at least $25 but not more than $60 for each wolf or coyote taken. The commissioner may require the predator controller to submit proof of the taking and a signed statement concerning the predators taken.

Sec. 6. Minnesota Statutes 1998, section 97B.671, is amended by adding a subdivision to read:

Subd. 4. [GRAY WOLF CONTROL.] (a) The commissioner shall provide a gray wolf control training program for certified predator controllers participating in gray wolf control.

(b) After the gray wolf is delisted under the Federal Endangered Species Act of 1973, in zone B, as defined under section 97B.645, subdivision 12, if the commissioner, after considering recommendations from an extension agent or conservation officer, has verified that livestock, domestic animals, or pets were destroyed by a gray wolf within the previous five years, and if the livestock or pet owner requests gray wolf control, the commissioner shall open a predator control area for gray wolves.

(c) After the gray wolf is delisted under the Federal Endangered Species Act of 1973, in zone A, as defined under paragraph (g), if the commissioner, after considering recommendations from an extension agent or conservation officer, verifies that livestock, domestic animals, or pets were destroyed by a gray wolf, and if the livestock or pet owner requests gray wolf control, the commissioner shall open a predator control area for gray wolves for up to 60 days.


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(d) A predator control area opened for gray wolves may not exceed a one-mile radius surrounding the damage site.

(e) The commissioner shall pay a certified gray wolf predator controller $150 for each wolf taken. The certified gray wolf predator controller must dispose of unsalvageable remains as directed by the commissioner. All salvageable gray wolf remains must be surrendered to the commissioner.

(f) The commissioner may, in consultation with the commissioner of agriculture, develop a cooperative agreement for gray wolf control activities with the United States Department of Agriculture. The cooperative agreement activities may include, but not be limited to, gray wolf control, training for state predator controllers, and control monitoring and recordkeeping.

(g) For the purposes of this subdivision, "zone A" means that portion of the state lying outside of zone B, as defined under section 97B.645, subdivision 12.

Sec. 7. [REPORT TO THE LEGISLATURE.]

The commissioner of natural resources must submit a report to the chairs of the senate and house environment and natural resources policy and funding committees by October 1, 2000. The report must provide recommendations on appropriations needed to accomplish the gray wolf management plan.

Sec. 8. [REVISOR'S INSTRUCTION.]

The revisor of statutes shall change the phrase "timber wolf" wherever it appears in Minnesota Statutes and Minnesota Rules to "gray wolf."

Sec. 9. [EFFECTIVE DATE.]

Section 1 is effective July 1, 2001."

Delete the title and insert:

"A bill for an act relating to natural resources; removing the per animal limit on wolf depredation payments; providing for gray wolf management; providing criminal penalties; amending Minnesota Statutes 1998, sections 3.737, subdivision 1; 97A.331, by adding a subdivision; 97B.645; and 97B.671, subdivision 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B."

We request adoption of this report and repassage of the bill.

House Conferees: Tim Finseth, Mark William Holsten, Robert L. Westfall and Thomas Bakk.

Senate Conferees: LeRoy A. Stumpf, Becky Lourey and Dallas C. Sams.

Finseth moved that the report of the Conference Committee on H. F. No. 1415 be adopted and that the bill be repassed as amended by the Conference Committee.

POINT OF ORDER

McCollum raised a point of order pursuant to Joint Rule 2.06 relating to Conference Committees. The Speaker ruled the point of order not well taken.


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The question recurred on the Finseth motion that the report of the Conference Committee on H. F. No. 1415 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

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

Kahn moved that H. F. No. 1415 be returned to the Conference Committee.

A roll call was requested and properly seconded.

POINT OF ORDER

Kahn raised a point of order pursuant to rule 2.40 relating to Admittance to the House Floor. The Speaker ruled the point of order well taken.

The question recurred on the Kahn motion and the roll was called. There were 57 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Abeler Folliard Jaros Leppik Orfield Swapinski
Abrams Gleason Jennings Luther Osthoff Trimble
Carlson Gray Johnson Mariani Ozment Tuma
Carruthers Greenfield Kahn Marko Paymar Vandeveer
Chaudhary Greiling Kelliher McCollum Pelowski Wagenius
Clark, K. Haake Koskinen McGuire Pugh Wejcman
Dawkins Hasskamp Larsen, P. Milbert Rest Westerberg
Dehler Hausman Larson, D. Mullery Rhodes
Dorn Hilty Leighton Murphy Seifert, J.
Entenza Huntley Lenczewski Opatz Skoglund

Those who voted in the negative were:

Anderson, B. Dorman Howes Ness Seagren Van Dellen
Anderson, I. Erhardt Juhnke Nornes Seifert, M. Wenzel
Bakk Erickson Kalis Olson Skoe Westfall
Bishop Finseth Kielkucki Osskopp Smith Westrom
Boudreau Fuller Knoblach Otremba Solberg Wilkin
Bradley Gerlach Kubly Paulsen Stanek Winter
Broecker Goodno Kuisle Pawlenty Stang Wolf
Buesgens Gunther Lieder Peterson Storm Workman
Cassell Haas Lindner Reuter Swenson Spk. Sviggum
Clark, J. Hackbarth Mares Rifenberg Sykora
Daggett Harder McElroy Rostberg Tingelstad
Davids Holberg Molnau Rukavina Tomassoni
Dempsey Holsten Mulder Schumacher Tunheim

The motion did not prevail.


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H. F. No. 1415, A bill for an act relating to natural resources; providing for gray wolf management; providing criminal penalties; amending Minnesota Statutes 1998, sections 97A.331, by adding a subdivision; and 97B.645; proposing coding for new law in Minnesota Statutes, chapter 97B.

The bill was read for the third time, as amended by Conference, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 78 yeas and 53 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erickson Howes Mulder Rifenberg Sykora
Anderson, I. Finseth Huntley Murphy Rostberg Tingelstad
Bakk Fuller Juhnke Ness Rukavina Tomassoni
Bishop Gerlach Kalis Nornes Schumacher Tunheim
Boudreau Goodno Kielkucki Olson Seagren Wenzel
Bradley Gunther Knoblach Opatz Seifert, M. Westerberg
Broecker Haas Kubly Osskopp Skoe Westfall
Buesgens Hackbarth Kuisle Otremba Smith Westrom
Cassell Harder Lieder Paulsen Solberg Wilkin
Clark, J. Hasskamp Lindner Pawlenty Stanek Winter
Daggett Hilty Mares Pelowski Stang Wolf
Davids Holberg McElroy Peterson Storm Workman
Dorman Holsten Molnau Reuter Swenson Spk. Sviggum

Those who voted in the negative were:

Abeler Dorn Hausman Leighton Mullery Skoglund
Abrams Entenza Jaros Lenczewski Orfield Swapinski
Carlson Erhardt Jennings Leppik Osthoff Trimble
Carruthers Folliard Johnson Luther Ozment Tuma
Chaudhary Gleason Kahn Mariani Paymar Van Dellen
Clark, K. Gray Kelliher Marko Pugh Vandeveer
Dawkins Greenfield Koskinen McCollum Rest Wagenius
Dehler Greiling Larsen, P. McGuire Rhodes Wejcman
Dempsey Haake Larson, D. Milbert Seifert, J.

The bill was repassed, as amended by Conference, 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 bills to be placed on the Calendar for the Day, immediately following the remaining bills on the Calendar for the Day, for Tuesday, April 11, 2000:

S. F. Nos. 3730, 2385 and 3046.


Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8820

CALENDAR FOR THE DAY

S. F. No. 2471, A bill for an act relating to Hennepin county; making changes to provisions on its human resources board and department; amending Minnesota Statutes 1998, sections 383B.26; 383B.27; 383B.28, subdivisions 1, 3, and 4; 383B.29; 383B.30; 383B.31; 383B.32, subdivisions 2 and 3; repealing Minnesota Statutes 1998, section 383B.35.

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 129 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Gleason

The bill was passed and its title agreed to.

The Speaker called Boudreau to the Chair.

S. F. No. 2417 was reported to the House.

Abeler moved to amend S. F. No. 2417 as follows:

Page 1, line 13, after "school" insert ", without the written permission of the school principal"

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


Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8821

Leppik moved to amend S. F. No. 2417 as follows:

Page 1, line 11, delete "or possess"

Page 1, after line 13, insert:

"(c) No person may possess a paint ball gun in a public elementary, middle, or secondary school building or on its grounds, whether leased or owned by the school, without the written permission of the school principal."

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

The Speaker resumed the Chair.

S. F. No. 2417, A bill for an act relating to commerce; regulating the sale, rental, discharge, and possession of paint ball guns; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

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 57 yeas and 72 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson Mariani Otremba Skoglund
Anderson, I. Folliard Juhnke McCollum Pawlenty Swapinski
Bishop Goodno Kahn McElroy Paymar Tingelstad
Carlson Gray Kelliher McGuire Pelowski Tunheim
Carruthers Greenfield Kubly Milbert Peterson Wagenius
Chaudhary Harder Larson, D. Mullery Pugh Wejcman
Clark, K. Hasskamp Lenczewski Murphy Rest Westerberg
Davids Hilty Leppik Olson Rhodes
Dorman Huntley Lieder Opatz Schumacher
Entenza Jennings Luther Orfield Skoe

Those who voted in the negative were:

Abeler Dempsey Holberg Mares Rukavina Trimble
Anderson, B. Dorn Holsten Marko Seagren Tuma
Bakk Erickson Howes Molnau Seifert, J. Van Dellen
Boudreau Finseth Jaros Mulder Seifert, M. Vandeveer
Bradley Fuller Kalis Ness Smith Wenzel
Broecker Gerlach Kielkucki Nornes Solberg Westfall
Buesgens Gleason Knoblach Osskopp Stanek Westrom
Cassell Greiling Koskinen Ozment Stang Wilkin
Clark, J. Gunther Kuisle Paulsen Storm Winter
Daggett Haake Larsen, P. Reuter Swenson Wolf
Dawkins Haas Leighton Rifenberg Sykora Workman
Dehler Hackbarth Lindner Rostberg Tomassoni Spk. Sviggum

The bill was not passed.


Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8822

S. F. No. 3091 was reported to the House.

Abrams and Rest moved to amend S. F. No. 3091 as follows:

Page 6, line 30, delete "15" and insert "16"

Page 7, line 31, delete "15" and insert "16"

The motion prevailed and the amendment was adopted.

S. F. No. 3091, A bill for an act relating to taxation; recodifying the sales and use tax laws; making style and form and clarifying changes; amending Minnesota Statutes 1998, sections 37.13; 115A.69, subdivision 6; 116A.25; 289A.31, subdivision 7; 360.035; 458A.09; 458A.30; 458D.23; 469.127; 473.448; 473.545; and 473.608, subdivision 2; Minnesota Statutes 1999 Supplement, section 469.101, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 297A; repealing Minnesota Statutes 1998, sections 297A.01; 297A.02; 297A.022; 297A.023; 297A.03; 297A.04; 297A.041; 297A.06; 297A.065; 297A.07; 297A.09; 297A.10; 297A.11; 297A.12; 297A.13; 297A.135; 297A.14; 297A.141; 297A.15; 297A.16; 297A.17; 297A.18; 297A.21; 297A.211; 297A.213; 297A.22; 297A.23; 297A.24; 297A.25; 297A.2531; 297A.2545; 297A.255; 297A.256; 297A.2571; 297A.2572; 297A.2573; 297A.259; 297A.26; 297A.28; 297A.33, subdivision 2; 297A.44, subdivision 1; 297A.46; 297A.47; and 297A.48.

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

The bill was passed, as amended, and its title agreed to.


Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8823

Pawlenty moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

S. F. No. 3272.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.

Patrick E. Flahaven, Secretary of the Senate

CONFERENCE COMMITTEE REPORT ON S. F. NO. 3272

A bill for an act relating to the building code; modifying requirements of bleacher safety; amending Minnesota Statutes 1999 Supplement, section 16B.616, subdivisions 3 and 4.

April 6, 2000

The Honorable Allan H. Spear

President of the Senate

The Honorable Steve Sviggum

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 3272, report that we have agreed upon the items in dispute and recommend as follows:

That the House recede from its amendments and that S. F. No. 3272 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1999 Supplement, section 16B.616, subdivision 3, is amended to read:

Subd. 3. [SAFETY REQUIREMENTS.] In places of public accommodation using bleacher seating, all bleachers or bleacher open spaces over 30 55 inches above grade or the floor below, and all bleacher guardrails if any part of the guardrail is over 30 inches above grade or the floor below must conform to the following safety requirements:

(1) the open space between bleacher footboards, seats, and guardrails must not exceed four inches, unless approved safety nets are installed, except that retractable bleachers already in place as of January 1, 2001, with open spaces not exceeding nine inches, are exempt from the requirement of this clause;


Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8824

(2) bleachers must have vertical perimeter guardrails with no more than four-inch rail spacing between vertical rails or other approved guardrails that address climbability and are designed to prevent accidents; and

(3) the state building official shall determine whether the safety nets and guardrail climbability meet the requirements of the alternate design section of the State Building Code. All new bleachers manufactured, installed, sold, or distributed after January 1, 2001, must comply with the State Building Code in effect and clauses (1), (2), and (3) this subdivision.

Sec. 2. Minnesota Statutes 1999 Supplement, section 16B.616, subdivision 4, is amended to read:

Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule charter city that is not covered by the code because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in the city of the code's requirements for bleacher safety. In all other areas where the code does not apply because of action taken under section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements.

(b) Municipalities that have not adopted the code may enforce the code requirements for bleacher safety by either entering into a joint powers agreement for enforcement with another municipality that has adopted the code or contracting for enforcement with a qualified and certified building official or state licensed design professional to enforce the code.

(c) Municipalities, school districts, organizations, individuals, and other persons operating or owning places of public accommodation with bleachers that are subject to the safety requirements in subdivision 3 shall provide a signed certification of compliance to the commissioner by January 1, 2001 2002. For bleachers exempted by subdivision 3, clause (1), entities covered by this paragraph must have on file a bleacher safety management plan and amortization schedule. The certification shall be prepared by a qualified and certified building official or state licensed design professional and shall certify that the bleachers have been inspected and are in compliance with the requirements of this section and are structurally sound. For bleachers owned by a school district, the person the district designates to be responsible for buildings and grounds may make the certification."

We request adoption of this report and repassage of the bill.

Senate Conferees: Deanna L. Wiener, Anthony G. Kinkel and Gen Olson.

House Conferees: Fran Bradley and Al Juhnke.

Bradley moved that the report of the Conference Committee on S. F. No. 3272 be adopted and that the bill be repassed as amended by the Conference Committee.

Smith moved that the House refuse to adopt the Conference Committee report on S. F. No. 3272, and that the bill be returned to the Conference Committee.

A roll call was requested on the Smith motion and properly seconded.

The question was taken on the Smith motion and the roll was called. There were 54 yeas and 77 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8825
Abrams Folliard Huntley Leppik Opatz Smith
Anderson, I. Fuller Luther Orfield Solberg
Bakk Gleason Mariani Otremba Swapinski
Carlson Gray Marko Paymar Tomassoni
Carruthers Greenfield McCollum Pugh Trimble
Chaudhary Greiling McGuire Rest Van Dellen
Clark, K. Hasskamp Milbert Rhodes Wagenius
Dawkins Hausman Mullery Rukavina Wejcman
Entenza Howes Murphy Skoglund Wenzel
Jaros
Jennings
Johnson
Kelliher
Koskinen
Larson, D.
Leighton
Lenczewski

Those who voted in the negative were:

Abeler Dorman Holberg Mares Reuter Tingelstad
Anderson, B. Dorn Holsten McElroy Rifenberg Tuma
Bishop Erhardt Juhnke Molnau Rostberg Tunheim
Boudreau Erickson Kahn Mulder Schumacher Vandeveer
Bradley Finseth Kalis Ness Seagren Westerberg
Broecker Gerlach Kielkucki Nornes Seifert, J. Westfall
Buesgens Goodno Knoblach Olson Seifert, M. Westrom
Cassell Gunther Krinkie Osskopp Skoe Wilkin
Clark, J. Haake Kubly Ozment Stanek Winter
Daggett Haas Kuisle Paulsen Stang Wolf
Davids Hackbarth Larsen, P. Pawlenty Storm Workman
Dehler Harder Lieder Pelowski Swenson Spk. Sviggum
Dempsey Hilty Lindner Peterson Sykora

The motion did not prevail.

The question recurred on the Bradley motion that the report of the Conference Committee on S. F. No. 3272 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 3272, A bill for an act relating to the building code; modifying requirements of bleacher safety; amending Minnesota Statutes 1999 Supplement, section 16B.616, subdivisions 3 and 4.

The bill was read for the third time, as amended by Conference, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 93 yeas and 39 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holberg Mares Reuter Tomassoni
Anderson, B. Dorman Holsten McElroy Rifenberg Tuma
Anderson, I. Dorn Jennings Molnau Rostberg Tunheim
Bakk Erhardt Juhnke Mulder Rukavina Vandeveer
Bishop Erickson Kahn Murphy Schumacher Wenzel
Boudreau Finseth Kalis Ness Seagren Westerberg
Bradley Gerlach Kielkucki Nornes Seifert, J. Westfall
Broecker Goodno Knoblach Olson Seifert, M. Westrom
Buesgens Gray Krinkie Opatz Skoe Wilkin
Carlson Gunther Kubly Orfield Solberg Winter
Cassell Haake Kuisle Osskopp Stanek Wolf
Clark, J. Haas Larsen, P. Ozment Stang Workman
Daggett Hackbarth Leighton Paulsen Storm Spk. Sviggum
Davids Harder Leppik Pawlenty Swenson

Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8826
Dawkins Hasskamp Lieder Pelowski Sykora
Dehler Hilty Lindner Peterson Tingelstad

Those who voted in the negative were:

Abrams Gleason Johnson Marko Paymar Trimble
Carruthers Greenfield Kelliher McCollum Pugh Van Dellen
Chaudhary Greiling Koskinen McGuire Rest Wagenius
Clark, K. Hausman Larson, D. Milbert Rhodes Wejcman
Entenza Howes Lenczewski Mullery Skoglund
Folliard Huntley Luther Osthoff Smith
Fuller Jaros Mariani Otremba Swapinski

The bill was repassed, as amended by Conference, and its title agreed to.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3020:

Bradley, Nornes and Greenfield.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1870:

Haas, Paulsen and Entenza.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2521:

Rest, Harder and Abrams.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2686:

Rest, McElroy and Davids.

MOTIONS AND RESOLUTIONS

Bradley, Sviggum, Kuisle, Davids and Bishop introduced:

House Resolution No. 22, A house resolution recognizing and honoring the citizens of Southeastern Minnesota for dedicating their time and money to build the Soldiers Field Veterans Memorial in Rochester, Minnesota.

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


Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8827

Boudreau moved that S. F. No. 689, now on the General Register, be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

Kahn, Olson and Reuter moved that H. F. No. 4147 be recalled from the Committee on Rules and Legislative Administration and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

A roll call was requested and properly seconded.

CALL OF THE HOUSE

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

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

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 Kahn et al motion and the roll was called. There were 77 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Hilty Kuisle Orfield Smith
Anderson, B. Entenza Holberg Leighton Osthoff Solberg
Anderson, I. Erhardt Howes Leppik Otremba Swapinski

Journal of the House - 105th Day - Tuesday, April 11, 2000 - Top of Page 8828
Bakk Folliard Huntley Lieder Paymar Tomassoni
Bishop Fuller Jennings Lindner Pelowski Trimble
Bradley Gerlach Johnson Luther Peterson Tunheim
Broecker Gleason Juhnke Mariani Pugh Wagenius
Carlson Gray Kahn McCollum Reuter Wejcman
Chaudhary Greenfield Kalis McGuire Rhodes Westerberg
Clark, K. Gunther Kelliher Mullery Rifenberg Westrom
Davids Haas Koskinen Murphy Rukavina Winter
Dawkins Harder Krinkie Ness Skoe Wolf
Dorman Hasskamp Kubly Olson Skoglund

Those who voted in the negative were:

Abrams Finseth Larsen, P. Opatz Seifert, M. Wenzel
Boudreau Goodno Larson, D. Osskopp Stanek Westfall
Buesgens Greiling Lenczewski Ozment Stang Wilkin
Carruthers Haake Mares Paulsen Storm Workman
Cassell Hackbarth Marko Pawlenty Swenson Spk. Sviggum
Clark, J. Hausman McElroy Rest Sykora
Daggett Holsten Milbert Rostberg Tingelstad
Dehler Jaros Molnau Schumacher Tuma
Dempsey Kielkucki Mulder Seagren Van Dellen
Erickson Knoblach Nornes Seifert, J. Vandeveer

The motion prevailed and H. F. No. 4147 was recalled from the Committee on Rules and Legislative Administration and was re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, April 12, 2000. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Wednesday, April 12, 2000.

Edward A. Burdick, Chief Clerk, House of Representatives