JOURNAL OF THE HOUSE - 39th Day - Top of Page 1867

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

THIRTY-NINTH DAY

Saint Paul, Minnesota, Wednesday, April 12, 1995

Index to today's Journal

The House of Representatives convened at 1:30 p.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by Margaret J. Thomas, Synod Executive for the Presbyterian Synod of Lakes and Prairies, Minneapolis, Minnesota.

The roll was called and the following members were present:

Abrams       Garcia       Krinkie      Orenstein    Sviggum
Anderson, B. Girard       Larsen       Orfield      Swenson, D.
Bakk         Goodno       Leighton     Osskopp      Swenson, H.
Bertram      Greenfield   Leppik       Osthoff      Sykora
Bettermann   Greiling     Lieder       Ostrom       Tomassoni
Bishop       Haas         Lindner      Otremba      Tompkins
Boudreau     Hackbarth    Long         Ozment       Trimble
Bradley      Harder       Lourey       Paulsen      Tuma
Broecker     Hasskamp     Luther       Pawlenty     Tunheim
Brown        Hausman      Lynch        Pellow       Van Dellen
Carlson      Holsten      Macklin      Pelowski     Van Engen
Carruthers   Hugoson      Mahon        Perlt        Vickerman
Clark        Huntley      Mares        Peterson     Wagenius
Commers      Jaros        Mariani      Pugh         Warkentin
Cooper       Jennings     Marko        Rest         Weaver
Daggett      Johnson, A.  McCollum     Rhodes       Wejcman
Davids       Johnson, R.  McElroy      Rice         Wenzel
Dawkins      Johnson, V.  McGuire      Rostberg     Winter
Dehler       Kahn         Molnau       Rukavina     Wolf
Delmont      Kalis        Mulder       Sarna        Worke
Dempsey      Kelley       Munger       Schumacher   Workman
Dorn         Kelso        Murphy       Seagren      Sp.Anderson,I
Entenza      Kinkel       Ness         Simoneau     
Erhardt      Knight       Olson, E.    Skoglund     
Farrell      Knoblach     Olson, M.    Smith        
Finseth      Koppendrayer Onnen        Solberg      
Frerichs     Kraus        Opatz        Stanek       
A quorum was present.

Anderson, R., and Dauner were excused.

Milbert was excused until 1:45 p.m. Jefferson was excused until 3:10 p.m.

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

REPORTS OF CHIEF CLERK

S. F. No. 299 and H. F. No. 765, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Delmont moved that the rules be so far suspended that S. F. No. 299 be substituted for H. F. No. 765 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 577 and H. F. No. 744, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Tomassoni moved that S. F. No. 577 be substituted for H. F. No. 744 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1112 and H. F. No. 1291, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Anderson, B., moved that S. F. No. 1112 be substituted for H. F. No. 1291 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1144 and H. F. No. 1378, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Garcia moved that the rules be so far suspended that S. F. No. 1144 be substituted for H. F. No. 1378 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 210, A bill for an act relating to drivers' licenses; prescribing fee for Minnesota identification card; amending Minnesota Statutes 1994, section 171.06, subdivision 2.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1994, section 168.33, is amended by adding a subdivision to read:

Subd. 8. [TEMPORARY DISABILITY PERMIT AND FEE.] The registrar shall allow deputy registrars to implement and follow procedures for processing applications and accepting and remitting fee payments for 30-day temporary disability permits issued under section 169.345, subdivision 3, paragraph (c), that are identical or substantially similar to the procedures required by rule for motor vehicle registration and titling transactions."

Page 1, line 19, delete "Section 1 is" and insert "Sections 1 and 2 are"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, delete "drivers' licenses" and insert "motor vehicles" and after "for" insert "duplicate"

Page 1, line 3, after the semicolon, insert "modifying procedures for deputy registrars to process temporary disability parking permits;"

Page 1, line 4, delete "section" and insert "sections 168.33, by adding a subdivision; and"

With the recommendation that when so amended the bill pass.

The report was adopted.


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Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 248, A bill for an act relating to energy; adding low-head or refurbished and closed system pumped hydropower to the list of preferred alternative energy sources; providing for incentive payments to closed system pumped hydropower facilities; amending Minnesota Statutes 1994, sections 216C.051, subdivision 7; and 216C.41, subdivision 1.

Reported the same back with the following amendments:

Page 1, delete section 1 and insert:

"Section 1. Minnesota Statutes 1994, section 216C.051, subdivision 7, is amended to read:

Subd. 7. [GUIDELINES; PREFERRED ELECTRIC GENERATION SOURCES; DEFINITIONS.] (a) The legislative task force on electric energy shall undertake its responsibilities in light of the guidelines specified in this subdivision.

(b) The highest priority in electric energy production and consumption is conservation of electric energy and management of demand by all segments of the community.

(c) The following energy sources for generating electric power distributed in the state, listed in their descending order of preference, based on minimizing long-term negative environmental, social, and economic burdens imposed by the specific energy sources, are:

(1) wind and solar;

(2) biomass and low-head or refurbished hydropower;

(3) decomposition gases produced by solid waste management facilities, natural gas-fired cogeneration, and waste materials or byproducts combined with natural gas;

(4) natural gas, hydropower that is not low-head or refurbished hydropower, and solid waste as a direct fuel or refuse-derived fuel; and

(5) coal and nuclear power.

(d) For the purposes of paragraph (c) within each clause, the more efficient an energy source is in generating electricity or the more efficient a technology is that utilizes an energy source, the more preferred it is for use in generating electricity for distribution and consumption in the state.

(e) For the purposes of paragraph (c), clauses (3) and (4), the use of waste materials and byproducts for generating electric power must be limited to those waste materials and byproducts that are necessarily generated or produced by efficient processes and systems. Preventing and minimizing waste and byproducts are preferred in every situation to relying on the continued generation or production of waste materials and byproducts.

(f) For the purposes of this section, "preferred" or "renewable" energy sources are those described in paragraph (c), clauses (1) to (3), and "subordinate" or "traditional" energy sources are those described in paragraph (c), clauses (4) and (5).

(g) For the purposes of this section:

(1) "biomass" means herbaceous crops, trees, agricultural waste, and aquatic plant matter, excluding mixed municipal solid waste, as defined in section 115A.03, used to generate electricity; and

(2) "low-head hydropower" means a hydropower facility that has a head of less than 66 feet.

(h) The legislative task force on electric energy is further directed to consider the appropriate placement of other energy sources in the list of preferred electric generation sources in paragraph (c), including:

(1) cogeneration gasification processes other than natural gas-fired cogeneration; and

(2) low-head, refurbished, or closed system pumped hydropower."


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Amend the title as follows:

Page 1, line 2, delete everything after the semicolon

Page 1, delete line 3 and insert "directing the electric energy task force to consider new"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 432, A bill for an act relating to children; modifying liability provisions for child abuse investigations; providing for attorney fees in certain actions; providing for the establishment of information collection procedures for investigations; prohibiting certain conflicts of interest; providing for access to data regarding determinations of maltreatment involving families, counselors, and providers of day care, foster care, education, health care, social services, and other persons at risk for allegations of maltreatment; amending Minnesota Statutes 1994, section 626.556, subdivisions 4, 10, 10b, 10e, 11, and by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 626.556, subdivision 4, is amended to read:

Subd. 4. [IMMUNITY FROM LIABILITY.] (a) The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith:

(1) any person making a voluntary or mandated report under subdivision 3 or under section 626.5561 or assisting in an assessment under this section or under section 626.5561;

(2) any social worker person with responsibility for performing duties under this section or supervisor employed by a local welfare agency or the commissioner complying with subdivision 10d or the provisions of section 626.5561; and

(3) any public or private school, facility as defined in subdivision 2, or the employee of any public or private school or facility who permits access by a local welfare agency or local law enforcement agency and assists in an investigation or assessment pursuant to subdivision 10 or under section 626.5561.

(b) A person who is a supervisor or social worker person with responsibility for performing duties under this section employed by a local welfare agency or the commissioner complying with subdivisions 10 and 11 or section 626.5561 or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person's actions, if the person is (1) acting in good faith and exercising due care, or (2) following the information collection procedures established under subdivision 10, paragraphs (h), (i), and (j).

(c) This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child.

(d) If a person who makes a voluntary or mandatory report under subdivision 3 prevails in a civil action from which the person has been granted immunity under this subdivision, the court may award the person attorney fees and costs.

Sec. 2. Minnesota Statutes 1994, section 626.556, subdivision 5, is amended to read:

Subd. 5. [MALICIOUS AND RECKLESS REPORTS.] Any person who knowingly or recklessly makes a false report under the provisions of this section shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees.


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Sec. 3. Minnesota Statutes 1994, section 626.556, subdivision 10, is amended to read:

Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, the local welfare agency shall immediately conduct an assessment and offer protective social services for purposes of preventing further abuses, safeguarding and enhancing the welfare of the abused or neglected minor, and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.

(b) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97.

(c) Authority of the local welfare agency responsible for assessing the child abuse or neglect report and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged perpetrator offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the perpetrator alleged offender or parent, legal custodian, guardian, or school official. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 49.02 of the Minnesota rules of procedure for juvenile courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official.

(d) When the local welfare or local law enforcement agency determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded. Until that time, the local welfare or law enforcement agency shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.

Except where the alleged perpetrator offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises.


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(e) Where the perpetrator alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the perpetrator alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause.

(g) The commissioner, the ombudsman for mental health and mental retardation, the local welfare agencies responsible for investigating reports, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings.

(h) The local welfare agency shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency may make a determination of no maltreatment early in an assessment, and close the case and retain immunity, if the collected information shows no basis for a full assessment or investigation.

Information relevant to the assessment or investigation must be asked for, and may include:

(1) the child's sex and age, prior reports of maltreatment, information relating to developmental functioning, credibility of the child's statement, and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child.

Nothing in this paragraph precludes the local welfare agency from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11.

(i) In the initial stages of an assessment or investigation, the local welfare agency shall conduct a face-to-face observation of the child reported to be maltreated and a face-to-face interview of the alleged offender. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation.

(j) The local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. The following interviewing methods and procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses.


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Sec. 4. Minnesota Statutes 1994, section 626.556, subdivision 10b, is amended to read:

Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A FACILITY.] (a) The commissioner shall immediately investigate if the report alleges that:

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected, physically abused, or sexually abused by an individual in that facility, or has been so neglected or abused by an individual in that facility within the three years preceding the report; or

(2) a child was neglected, physically abused, or sexually abused by an individual in a facility defined in subdivision 2, while in the care of that facility within the three years preceding the report.

The commissioner shall arrange for the transmittal to the commissioner of reports received by local agencies and may delegate to a local welfare agency the duty to investigate reports. In conducting an investigation under this section, the commissioner has the powers and duties specified for local welfare agencies under this section. The commissioner or local welfare agency may interview any children who are or have been in the care of a facility under investigation and their parents, guardians, or legal custodians.

(b) Prior to any interview, the commissioner or local welfare agency shall notify the parent, guardian, or legal custodian of a child who will be interviewed in the manner provided for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. The commissioner or local agency must provide the information required in this subdivision to the parent, guardian, or legal custodian of a child interviewed without parental notification as soon as possible after the interview. When the investigation is completed, any parent, guardian, or legal custodian notified under this subdivision shall receive the written memorandum provided for in subdivision 10d, paragraph (c).

(c) In conducting investigations under this subdivision the commissioner or local welfare agency shall obtain access to information consistent with subdivision 10, paragraphs (h), (i), and (j).

Sec. 5. Minnesota Statutes 1994, section 626.556, subdivision 10e, is amended to read:

Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every assessment or investigation it conducts, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. Determinations under this subdivision must be made based on a preponderance of the evidence.

(a) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions committed by a person responsible for the child's care:

(1) physical abuse as defined in subdivision 2, paragraph (d);

(2) neglect as defined in subdivision 2, paragraph (c);

(3) sexual abuse as defined in subdivision 2, paragraph (a); or

(4) mental injury as defined in subdivision 2, paragraph (k).

(b) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.

(c) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.


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Sec. 6. Minnesota Statutes 1994, section 626.556, subdivision 10f, is amended to read:

Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working days of the conclusion of an assessment, the local welfare agency shall notify the parent or guardian of the child, the person determined to be maltreating the child, and if applicable, the director of the facility, of the determinations. Within ten working days of completing an investigation of a licensed facility, the local welfare agency shall notify the person alleged to be maltreating the child, the director of the facility, and the parent or guardian of the child of the determinations determination and a summary of the specific reasons for the determination. The notice must also include a certification that the information collection procedures under subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to obtain access to other private data on the subject collected, created, or maintained under this section. In addition to the determinations, the notice shall include the length of time that the records will be kept under subdivision 11c. When there is no determination of either maltreatment or a need for services, the notice shall also include the alleged perpetrator's right to have the records destroyed.

Sec. 7. Minnesota Statutes 1994, section 626.556, is amended by adding a subdivision to read:

Subd. 14. [CONFLICT OF INTEREST.] (a) A potential conflict of interest related to assisting in an assessment under this section resulting in a direct or shared financial interest with a child abuse and neglect treatment provider or resulting from a personal or family relationship with a party in the investigation must be considered by the local welfare agency in an effort to prevent unethical relationships.

(b) A person who conducts an assessment under this section or section 626.5561 may not have:

(1) any direct or shared financial interest or referral relationship resulting in a direct shared financial gain with a child abuse and neglect treatment provider; or

(2) a personal or family relationship with a party in the investigation.

If an independent assessor is not available, the person responsible for making the determination under this section may use the services of an assessor with a financial interest, referral, or personal or family relationship.

Sec. 8. [INFORMATION SHEET ON INVESTIGATION PROCESS.]

The commissioner must distribute to all local welfare agencies an information sheet that summarizes the investigation process and is based upon the commissioner's report titled "Recommended Standards for Use when Investigating Reports of Maltreatment in Child Care Facilities." The local welfare agency shall give this information sheet to all parties involved in information collection procedures under Minnesota Statutes, section 626.556, subdivision 10.

Sec. 9. [ALTERNATIVE DISPUTE RESOLUTION PROCEDURES; RECOMMENDATIONS.]

The commissioner of human services, in consultation with county attorneys, law enforcement personnel, representatives of parent and foster parent groups, facilities, attorneys and other advocates who represent the interests of persons who may be accused of child abuse and neglect, other professional human services associations, and the representatives of communities of color shall review and make recommendations to the chairs of the legislative committees on health and human services, judiciary, family services, and crime prevention on possible alternative dispute resolution or fair hearing procedures to be used in reviewing and resolving issues of alleged maltreatment and determinations of whether child protective services are needed. The purpose of the alternative dispute resolution process shall be to provide a prompt and nonadversarial opportunity to resolve allegations of maltreatment. The commissioner shall make these recommendations by January 15, 1996."

Amend the title as follows:

Page 1, delete lines 13 and 14, and insert "subdivisions 4, 5, 10, 10b, 10e, 10f, and by adding a subdivision."

With the recommendation that when so amended the bill pass.

The report was adopted.


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Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 575, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; and 168.15; proposing coding for new law in Minnesota Statutes, chapter 168.

Reported the same back with the following amendments:

Page 3, line 22, delete "ten" and insert "14"

Page 4, after line 3, insert:

"Sec. 4. [REPEALER.]

Minnesota Statutes 1994, section 168A.10, subdivision 6, is repealed."

Amend the title as follows:

Page 1, line 7, before the period, insert "; repealing Minnesota Statutes 1994, section 168A.10, subdivision 6"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1479, A bill for an act relating to the environment; modifying provisions relating to the voluntary investigation and cleanup program; creating a pilot program to encourage voluntary compliance with environmental requirements; limiting penalties for facilities that perform audits, report violations, and correct the violations in a timely manner; establishing a recognition program for facilities that voluntarily meet environmental requirements; amending Minnesota Statutes 1994, section 115B.178, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 115B.03, is amended by adding a subdivision to read:

Subd. 8. [TRUSTEES.] A trustee who is not otherwise a responsible party for a release or threatened release of a hazardous substance from a facility is not a responsible person under this section solely because the facility is among the trust assets or solely because the trustee has the capacity to direct the operation of the facility.

Sec. 2. Minnesota Statutes 1994, section 115B.03, is amended by adding a subdivision to read:

Subd. 9. [PERSONAL REPRESENTATIVES OF ESTATES.] A personal representative of an estate who is not otherwise a responsible party for a release or threatened release of a hazardous substance from a facility is not a responsible person under this section solely because the facility is among the assets of the estate or solely because the personal representative has the capacity to direct the operation of the facility.

Sec. 3. Minnesota Statutes 1994, section 115B.17, is amended by adding a subdivision to read:

Subd. 2a. [CLEANUP STANDARDS.] In determining the appropriate standards to be achieved by response actions taken or requested under this section to protect public health and welfare and the environment from a release or threatened release, the commissioner shall consider the planned use of the property where the release or threatened release is located.


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Sec. 4. Minnesota Statutes 1994, section 115B.175, subdivision 2, is amended to read:

Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR APPROVAL.] (a) The commissioner may approve a voluntary response action plan submitted under this section that does not require removal or remedy of all releases and threatened releases at an identified area of real property if the commissioner determines that all of the following criteria have been met:

(1) if reuse or development of the property is proposed, the voluntary response action plan provides for all response actions required to carry out the proposed reuse or development in a manner that protects public health and welfare and the environment meets the same standards for protection that apply to response actions taken or requested under section 115B.17, subdivision 1 or 2;

(2) the response actions and the activities associated with any reuse or development proposed for the property will not aggravate or contribute to releases or threatened releases that are not required to be removed or remedied under the voluntary response action plan, and will not interfere with or substantially increase the cost of response actions to address the remaining releases or threatened releases; and

(3) the owner of the property agrees to cooperate with the commissioner or other persons acting at the direction of the commissioner in taking response actions necessary to address remaining releases or threatened releases, and to avoid any action that interferes with the response actions.

(b) Under paragraph (a), clause (3), an owner may be required to agree to any or all of the following terms necessary to carry out response actions to address remaining releases or threatened releases:

(1) to provide access to the property to the commissioner and the commissioner's authorized representatives;

(2) to allow the commissioner, or persons acting at the direction of the commissioner, to undertake activities at the property including placement of borings, wells, equipment, and structures on the property; and

(3) to grant easements or other interests in the property to the agency for any of the purposes provided in clause (1) or (2).

(c) An agreement under paragraph (a), clause (3), must apply to and be binding upon the successors and assigns of the owner. The owner shall record the agreement, or a memorandum approved by the commissioner that summarizes the agreement, with the county recorder or registrar of titles of the county where the property is located.

Sec. 5. Minnesota Statutes 1994, section 115B.175, subdivision 3, is amended to read:

Subd. 3. [SUBMISSION AND APPROVAL OF VOLUNTARY RESPONSE ACTION PLANS.] (a) A person shall submit a voluntary response action plan to the commissioner under section 115B.17, subdivision 14. The commissioner may provide assistance to review voluntary response action plans or supervise response action implementation under that subdivision.

(b) A voluntary response action plan submitted for approval of the commissioner must include an investigation report that describes the methods and results of an investigation of the releases and threatened releases at the identified area of real property. The commissioner must not approve the voluntary response action plan unless the commissioner determines that the nature and extent of the releases and threatened releases at the identified area of real property have been adequately identified and evaluated in the investigation report.

(c) Response actions required in a voluntary response action plan under this section must meet the same standards for protection of public health and welfare and the environment that apply to response actions taken or requested under section 115B.17, subdivision 1 or 2.

(d) When the commissioner approves a voluntary response action plan, the commissioner may include in the approval an acknowledgment that, upon certification of completion of the response actions as provided in subdivision 5, the person submitting the plan will receive the protection from liability provided under this section.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1877

Sec. 6. Minnesota Statutes 1994, section 115B.178, subdivision 1, is amended to read:

Subdivision 1. [DETERMINATION.] (a) The commissioner may issue determinations that certain actions proposed to be taken at real property subject to a release or threatened release of a hazardous substance or pollutant or contaminant will not constitute conduct associating the person with the release or threatened release for the purpose of section 115B.03, subdivision 3, clause (d). Proposed actions that may be covered by a determination under this section include response actions approved by the commissioner to address the release or threatened release, actions to improve or develop the real property, loans secured by the real property, or other similar actions. A determination may be subject to terms and conditions deemed reasonable by the commissioner. When a person takes actions in accordance with a determination issued under this subdivision, the actions do not associate the person with the release for the purpose of section 115B.03, subdivision 3, clause (d).

(b) If a person requesting a determination proposes to take response actions at real property, The commissioner may also issue a determination under paragraph (a) that certain actions taken in the past at the real property did not constitute conduct associating the person requesting the determination with the release or threatened release for purposes of section 115B.03, subdivision 3, clause (d). The person requesting a determination under this paragraph shall conduct an investigation approved by the commissioner that identifies the nature and extent of the release or threatened release or shall take response actions in accordance with a response action plan approved by the commissioner. Any such determination shall be limited to the represented facts of the past actions and shall not apply to actions that are not represented or disclosed. The determination may be subject to such other terms and conditions as the commissioner deems reasonable.

Sec. 7. [ENVIRONMENTAL IMPROVEMENT PILOT PROGRAM ESTABLISHED.]

An environmental improvement pilot program is established to promote voluntary compliance with environmental requirements.

Sec. 8. [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] As used in this act, the terms defined in this section have the meanings given.

Subd. 2. [AGENCY.] "Agency" means the pollution control agency.

Subd. 3. [ENVIRONMENTAL REQUIREMENT.] "Environmental requirement" means a requirement in (1) a law administered by the agency, a rule adopted by the agency, a permit or order issued by the agency, an agreement entered into with the agency, or a court order issued pursuant to any of the foregoing; or (2) an ordinance or other legally binding requirement of a local government unit under authority granted by state law relating to environmental protection, including solid and hazardous waste management.

Subd. 4. [ENVIRONMENTAL AUDIT.] "Environmental audit" means a systematic, documented, and objective review by a regulated entity of one or more facility operations and practices related to compliance with one or more environmental requirements and, if deficiencies are found, a plan for corrective action. The final audit document must be designated as an "audit report" and must include the date of the final written report of finding for the audit.

Subd. 5. [COMMISSIONER.] "Commissioner" means the commissioner of the pollution control agency.

Subd. 6. [FACILITY.] "Facility" means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person.

Subd. 7. [LOCAL GOVERNMENTAL UNIT.] "Local governmental unit" means a county, a statutory or home rule city, a town, a sanitary district, or the metropolitan area.

Subd. 8. [MAJOR FACILITY.] "Major facility" means an industrial or municipal wastewater discharge major facility as defined in rules of the agency; a feedlot that is permitted for 1,000 or more animal units; a large quantity hazardous waste generator as defined in rules of the agency; a hazardous waste treatment, storage, or disposal facility that is required to have a permit under the federal Resource Conservation and Recovery Act, United States Code, title 42, section 6925; a major stationary air emission source as defined in rules of the agency; an air emission source that emits 50 or more tons per year of any air pollutant regulated under rules of the agency; or an air emission source that emits 75 tons or more per year of all air pollutants regulated under rules of the agency.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1878

Subd. 9. [POLLUTION PREVENTION.] "Pollution prevention" means the elimination or reduction at the source of the use, generation, or release of pollutants.

Subd. 10. [REGULATED ENTITY.] "Regulated entity" means a public or private organization that is subject to environmental requirements.

Subd. 11. [SELF-EVALUATION.] "Self-evaluation" means a systematic, documented, and objective review by a regulated entity of one or more facility operations and practices related to compliance with one or more environmental requirements, based upon an evaluation form prescribed or approved by the commissioner.

Subd. 12. [STATE.] "State" means the pollution control agency, the attorney general, and all local governmental units.

Sec. 9. [AUDITS OR SELF-EVALUATIONS.]

Subdivision 1. [QUALIFICATION TO PARTICIPATE IN PROGRAM.] To qualify for participation in the environmental improvement program, more than one year must have elapsed since the initiation of an enforcement action that resulted in the imposition of a penalty against the regulated entity. In addition, a regulated entity must:

(1) conduct an environmental audit or a self-evaluation;

(2) for a major facility, prepare a pollution prevention plan and submit progress reports in accordance with Minnesota Statutes, sections 115D.07 to 115D.09;

(3) for a facility that is not a major facility, examine pollution prevention opportunities at the facility; and

(4) submit a report in accordance with subdivision 2.

Subd. 2. [REPORT.] A regulated entity must submit a report to the commissioner within 45 days after the date of the final written report of findings for an environmental audit or within 45 days after the completion of a self-evaluation. The report must contain:

(1) a certification by the owner or operator of the facility that the applicable requirements of subdivision 1, clauses (1) to (4), have been met;

(2) a disclosure of all violations of environmental requirements that were identified in the environmental audit or self-evaluation and a brief description of proposed actions to correct the violations;

(3) a commitment signed by the owner or operator of the facility to correct the violations as expeditiously as possible under the circumstances;

(4) if more than 90 days will be required to correct the violations, a performance schedule that identifies the time that will be needed to correct the violations and a brief statement of the reasons that support the time periods set out in the performance schedule; and

(5) a description of the steps the owner or operator has taken or will take to prevent recurrence of the violations.

Sec. 10. [PUBLIC DISCLOSURE.]

The commissioner shall publish quarterly the names and locations of the facilities for which a report has been submitted under section 9, subdivision 2, and, if a performance schedule has been submitted, the proposed time period for completing performance.

Sec. 11. [REVIEW OF PERFORMANCE SCHEDULES.]

(a) A reasonable performance schedule prepared under section 9, subdivision 2, clause (4), must be approved by the commissioner. In reviewing the reasonableness of a performance schedule, the commissioner shall take into account information supplied by the regulated entity, any public comments, and information developed by agency staff. The decision about whether a performance schedule is reasonable must be based on the following factors:

(1) the nature of the violations;

(2) the environmental and public health consequences of the violations;


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1879

(3) the economic circumstances of the facility;

(4) the availability of equipment and material; and

(5) the time needed to implement pollution prevention opportunities as an alternative to pollution control approaches to remedying the violations. Information submitted to the commissioner that is trade secret information, as that term is defined in Minnesota Statutes, section 13.37, is nonpublic data under Minnesota Statutes, chapter 13.

(b) In the event of a dispute over approval of the performance schedule, the regulated entity may request a hearing under the procedures in Minnesota Rules, parts 1400.8510 to 1400.8612. A performance schedule may be amended by written agreement between the commissioner and the regulated entity.

Sec. 12. [ENFORCEMENT.]

Subdivision 1. [DEFERRED ENFORCEMENT.] The state must defer for at least 90 days to enforce an environmental requirement against the owner or operator of a facility if a report that meets the requirements of section 9, subdivision 2, has been submitted to the commissioner. If the report includes a performance schedule, and the performance schedule is approved under section 11, the state must defer enforcement for the term of the approved performance schedule unless the owner or operator of the facility fails to meet an interim performance date contained in the schedule.

Subd. 2. [PENALTIES WAIVED.] If, within 90 days after the report required in section 9, subdivision 2, is received by the commissioner or within the time specified in an approved performance schedule, the owner or operator of a facility corrects the violations identified in the audit or self-evaluation and certifies to the commissioner that the violations have been corrected, the state may not impose any administrative, civil, or criminal penalties against the owner or operator of the facility for the reported violations.

Subd. 3. [EXCEPTIONS.] Notwithstanding subdivisions 1 and 2, the state may at any time bring:

(1) a criminal enforcement action against any person who knowingly commits a violation under Minnesota Statutes, section 609.671;

(2) a civil or administrative enforcement action, which may include a penalty, under Minnesota Statutes, section 115.071 or 116.072, against the owner or operator of a facility if:

(i) less than one year has elapsed since the final resolution of a notice of violation, an administrative penalty order, or a civil or criminal lawsuit that resulted in an enforcement action being taken against the owner or operator of a facility for a violation of a requirement that was also shown as having been violated in the report required under section 9, subdivision 2; or

(ii) a violation caused serious harm to public health or the environment; or

(3) an action against the owner or operator of a facility to enjoin an imminent threat to public health or the environment.

Subd. 4. [GOOD FAITH CONSIDERATION.] If the state finds that one of the conditions in subdivision 3 exists, the state must take into account the good faith efforts of the regulated entity to comply with environmental requirements in deciding whether to pursue an enforcement action, whether an enforcement action should be civil or criminal, and what, if any, penalty should be imposed. In determining whether the regulated entity has acted in good faith, the state must consider whether:

(1) when noncompliance was discovered, the regulated entity took corrective action that was timely under the circumstances;

(2) the regulated entity exercised reasonable care in attempting to prevent the violations and ensure compliance with environmental requirements;

(3) the noncompliance resulted in significant economic benefit to the regulated entity;

(4) prior to implementing the audit or self-evaluation program, the regulated entity had a history of good faith efforts to comply with the environmental requirements;


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1880

(5) the regulated entity demonstrated good faith efforts to achieve compliance since implementing an environmental auditing or self-evaluation program; and

(6) the regulated entity has demonstrated efforts to implement pollution prevention opportunities.

Subd. 5. [VIOLATIONS DISCOVERED BY THE STATE.] Nothing in this act precludes the state from taking any enforcement action the state is authorized to take with respect to violations discovered by the state prior to the time a regulated entity has submitted to the commissioner a report that meets the requirements of section 9, subdivision 2.

Sec. 13. [GREEN STAR EMBLEM.]

A regulated entity may display at a facility a "green star" emblem designed by the commissioner if:

(1) the regulated entity qualifies for participation in the environmental improvement program under section 9;

(2) the regulated entity certifies that all violations that were identified in the audit or self-evaluation of the facility were corrected within 90 days or within the time specified in an approved performance schedule or certifies that no violations were identified in the audit or self-evaluation; and

(3) at least one year has elapsed since the final resolution of a notice of violation, an administrative penalty order, or a civil or criminal enforcement action involving the regulated entity. The emblem may be displayed for a period of two years from the time that the commissioner determines that the requirements of this section have been met.

Sec. 14. [ACCESS TO DOCUMENTS.]

Subdivision 1. [PUBLIC ACCESS.] The state may not request, inspect, or seize a final audit report, draft audit papers, a self-evaluation form, the notes or papers prepared by the auditor or the person conducting the self-evaluation in connection with the audit or self-evaluation, or the internal documents of a regulated entity establishing, coordinating, or responding to the audit or self-evaluation, other than the report required in section 9, subdivision 2, except in accordance with the agency's policy on environmental auditing, as adopted by the agency on January 24, 1995.

Subd. 2. [THIRD-PARTY ACCESS.] After receipt by the commissioner of a report that complies with section 9, subdivision 2, the final audit report, draft audit reports, the self-evaluation form, any notes or papers prepared by the auditor or by the person conducting the self-evaluation in connection with the audit or self-evaluation, and the internal documents of a regulated entity establishing, coordinating, or responding to the audit or self-evaluation covered by the report are privileged as to all persons other than the state provided that the regulated entity is in compliance with its commitments under sections 9 and 11.

Subd. 3. [NONWAIVER OF PROTECTIONS.] Participation by a regulated entity in the environmental improvement program does not waive, minimize, reduce, or otherwise adversely affect the level of protection or confidentiality that exists, under current or developing common or statutory law, with respect to any other documents relating to an environmental audit or self-evaluation.

Sec. 15. [REPORTING REQUIRED BY LAW.]

Nothing in this act alters the obligation of any regulated entity to report releases, violations, or other matters that are required to be reported by state or federal law, rule, permit, or enforcement action.

Sec. 16. [SURVIVAL OF RIGHTS AND PROTECTIONS.]

All rights and protections provided under this act shall survive the repeal of the act with respect to any report filed under section 9, subdivision 2, that is submitted before July 1, 1999.

Sec. 17. [REPEALER.]

Sections 7 to 16 are repealed effective July 1, 1999.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1881

Sec. 18. [REPORT.]

The commissioner, in consultation with the attorney general, shall submit a report to the chairs of the environment and natural resources committees of the senate and the house of representatives by December 31, 1998, that evaluates the effectiveness of the environmental improvement pilot program and recommends whether the program should be extended."

Delete the title and insert:

"A bill for an act relating to the environment; establishing an environmental improvement pilot program to promote voluntary compliance with environmental requirements; modifying provisions relating to the voluntary investigation and cleanup program; amending Minnesota Statutes 1994, sections 115B.03, by adding subdivisions; 115B.17, by adding a subdivision; 115B.175, subdivisions 2 and 3; and 115B.178, subdivision 1."

With the recommendation that when so amended the bill pass.

The report was adopted.

Wejcman from the Committee on Health and Human Services to which was referred:

H. F. No. 1742, A bill for an act relating to health; insurance; providing for certain breast cancer coverage; proposing coding for new law in Minnesota Statutes, chapter 62A.

Reported the same back with the following amendments:

Page 1, line 14, before "The" insert "For purposes of this section"

With the recommendation that when so amended the bill be re-referred to the Committee on Financial Institutions and Insurance without further recommendation.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 210, 248, 432, 575 and 1479 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 299, 577, 1112 and 1144 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Bettermann introduced:

H. F. No. 1832, A bill for an act relating to local government; authorizing the city of Sauk Centre to determine the number of members of the public utilities commission.

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


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1882

Milbert, Abrams and Pugh introduced:

H. F. No. 1833, A bill for an act relating to taxation; reducing the rate of the excise tax on sparkling wines; amending Minnesota Statutes 1994, section 297C.02, subdivision 1.

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

Solberg introduced:

H. F. No. 1834, A bill for an act relating to education; appropriating money for post-secondary education and related purposes to the higher education coordinating board, Minnesota state colleges and universities, University of Minnesota, and the Mayo medical foundation, with certain conditions.

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

Anderson, B.; Boudreau; Osskopp; Knoblach and Knight introduced:

H. F. No. 1835, A bill for an act relating to state government; providing that the legislature is subject to certain laws that govern state executive agencies; requiring study of certain topics; amending Minnesota Statutes 1994, sections 16A.124, subdivision 1; 43A.05, subdivision 5; 43A.19, subdivision 1; 179A.03, subdivision 15; and 363.073, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Rest introduced:

H. F. No. 1836, A bill for an act relating to corporate franchise taxation; modifying the definition of apportionment factors; amending Minnesota Statutes 1994, section 290.191, subdivisions 1, 5, 6, and 11; repealing Minnesota Statutes 1994, section 290.191, subdivision 8.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 1091, A bill for an act relating to commerce; regulating sales by transient merchants; prohibiting the sale of certain items by certain merchants; prescribing penalties; amending Minnesota Statutes 1994, sections 329.099; and 329.14; proposing coding for new law in Minnesota Statutes, chapter 329.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 1307, A bill for an act relating to game and fish; identification required on ice fishing shelters; amending Minnesota Statutes 1994, section 97C.355, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1883

Mr. Speaker:

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

Senate Concurrent Resolution No. 8, A senate concurrent resolution relating to adjournment for more than three days.

Patrick E. Flahaven, Secretary of the Senate

SUSPENSION OF RULES

Carruthers moved that the rules be so far suspended that Senate Concurrent Resolution No. 8 be now considered and be placed upon its adoption. The motion prevailed.

SENATE CONCURRENT RESOLUTION NO. 8

A senate concurrent resolution relating to adjournment for more than three days.

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

1. Upon its adjournment on Thursday, April 13, 1995, the Senate may set its next day of meeting more than three days after the day of adjournment.

2. Upon its adjournment on Thursday, April 13, 1995, the House of Representatives may set its next day of meeting more than three days after the day of adjournment.

3. Pursuant to the Minnesota Constitution, Article IV, Section 12, the Senate consents to the adjournment of the House of Representatives for more than three days.

Carruthers moved that Senate Concurrent Resolution No. 8 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 8 was adopted.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 1363, A bill for an act relating to health; modifying provisions relating to drug dispensing; amending Minnesota Statutes 1994, section 152.11, subdivisions 1 and 2.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Pelowski moved that the House concur in the Senate amendments to H. F. No. 1363 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1363, A bill for an act relating to health; modifying provisions relating to drug dispensing; amending Minnesota Statutes 1994, section 152.11, subdivisions 1 and 2.

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


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1884

The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Orenstein    Stanek
Anderson, B. Garcia       Krinkie      Orfield      Sviggum
Bakk         Girard       Larsen       Osskopp      Swenson, D.
Bertram      Goodno       Leppik       Osthoff      Swenson, H.
Bettermann   Greiling     Lieder       Ostrom       Sykora
Bishop       Haas         Lindner      Otremba      Tomassoni
Boudreau     Hackbarth    Lourey       Ozment       Tompkins
Bradley      Harder       Luther       Paulsen      Trimble
Broecker     Hasskamp     Lynch        Pawlenty     Tuma
Brown        Hausman      Macklin      Pellow       Tunheim
Carlson      Holsten      Mahon        Pelowski     Van Dellen
Carruthers   Hugoson      Mares        Perlt        Van Engen
Clark        Huntley      Mariani      Peterson     Vickerman
Commers      Jaros        Marko        Pugh         Wagenius
Cooper       Jennings     McCollum     Rest         Warkentin
Daggett      Johnson, A.  McElroy      Rhodes       Weaver
Davids       Johnson, R.  McGuire      Rice         Wejcman
Dawkins      Johnson, V.  Molnau       Rostberg     Wenzel
Dehler       Kahn         Mulder       Rukavina     Winter
Delmont      Kalis        Munger       Sarna        Wolf
Dempsey      Kelley       Murphy       Schumacher   Worke
Dorn         Kelso        Ness         Seagren      Workman
Entenza      Kinkel       Olson, E.    Simoneau     Sp.Anderson,I
Erhardt      Knight       Olson, M.    Skoglund     
Farrell      Knoblach     Onnen        Smith        
Finseth      Koppendrayer Opatz        Solberg      
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 670, A bill for an act relating to Winona county; authorizing Winona county to negotiate and enter into a contract for deed with Winona county developmental achievement center.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Pelowski moved that the House concur in the Senate amendments to H. F. No. 670 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 670, A bill for an act relating to Winona county; authorizing Winona county to negotiate and enter into a contract for deed with Winona county developmental achievement center.

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

The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Koppendrayer Olson, E.    Smith
Anderson, B. Garcia       Kraus        Olson, M.    Solberg
Bakk         Girard       Krinkie      Onnen        Stanek
Bertram      Goodno       Larsen       Opatz        Sviggum
Bettermann   Greenfield   Leighton     Orenstein    Swenson, D.
Bishop       Greiling     Leppik       Orfield      Swenson, H.
Boudreau     Haas         Lieder       Osskopp      Sykora
Bradley      Hackbarth    Lindner      Ostrom       Tomassoni
Broecker     Harder       Long         Otremba      Tompkins
Brown        Hasskamp     Lourey       Ozment       Trimble
Carlson      Hausman      Luther       Paulsen      Tuma
Carruthers   Holsten      Lynch        Pawlenty     Tunheim
Clark        Hugoson      Macklin      Pellow       Van Dellen
Commers      Huntley      Mahon        Pelowski     Van Engen
Cooper       Jaros        Mares        Perlt        Vickerman
Daggett      Jennings     Mariani      Peterson     Wagenius
Davids       Johnson, A.  Marko        Pugh         Warkentin
Dawkins      Johnson, R.  McCollum     Rest         Weaver
Dehler       Johnson, V.  McElroy      Rhodes       Wejcman
Delmont      Kahn         McGuire      Rostberg     Wenzel
Dempsey      Kalis        Milbert      Rukavina     Winter
Dorn         Kelley       Molnau       Sarna        Wolf
Entenza      Kelso        Mulder       Schumacher   Worke

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1885
Erhardt Kinkel Munger Seagren Workman Farrell Knight Murphy Simoneau Sp.Anderson,I Finseth Knoblach Ness Skoglund
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 457, A bill for an act relating to commerce; real estate; regulating certain licensees and registrants and recovery fund actions; amending Minnesota Statutes 1994, sections 82.18; 82.19, subdivision 7; 82.195, subdivision 1; 82.20, subdivision 13; 82.34, subdivision 7; 82A.11, subdivision 3; 83.28, subdivision 5; 386.65, subdivision 1; 386.66; 386.67; 386.68; and 386.69.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Perlt moved that the House concur in the Senate amendments to H. F. No. 457 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 457, A bill for an act relating to commerce; real estate; regulating certain licensees and registrants and recovery fund actions; amending Minnesota Statutes 1994, sections 82.18; 82.19, subdivision 7; 82.195, subdivision 1; 82.20, subdivision 13; 82.34, subdivision 7; 82A.11, subdivision 3; 83.26, subdivision 2; 83.28, subdivision 5; 386.65, subdivision 1; 386.66; 386.67; 386.68; and 386.69.

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

The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Larsen       Orenstein    Sviggum
Anderson, B. Goodno       Leighton     Orfield      Swenson, D.
Bakk         Greenfield   Leppik       Osskopp      Swenson, H.
Bertram      Greiling     Lieder       Osthoff      Sykora
Bettermann   Haas         Lindner      Ostrom       Tomassoni
Bishop       Hackbarth    Long         Otremba      Tompkins
Boudreau     Harder       Lourey       Ozment       Trimble
Bradley      Hasskamp     Luther       Paulsen      Tuma
Broecker     Hausman      Lynch        Pawlenty     Tunheim
Brown        Holsten      Macklin      Pellow       Van Dellen
Carlson      Hugoson      Mahon        Pelowski     Van Engen
Carruthers   Huntley      Mares        Perlt        Vickerman
Clark        Jaros        Mariani      Peterson     Wagenius
Commers      Jennings     Marko        Pugh         Warkentin
Cooper       Johnson, A.  McCollum     Rest         Weaver
Daggett      Johnson, R.  McElroy      Rhodes       Wejcman
Davids       Johnson, V.  McGuire      Rice         Wenzel
Dawkins      Kahn         Milbert      Rostberg     Winter
Dehler       Kalis        Molnau       Rukavina     Wolf
Dempsey      Kelley       Mulder       Sarna        Worke
Dorn         Kelso        Munger       Schumacher   Workman
Entenza      Kinkel       Murphy       Seagren      Sp.Anderson,I
Erhardt      Knight       Ness         Simoneau     
Farrell      Knoblach     Olson, E.    Skoglund     

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1886
Finseth Koppendrayer Olson, M. Smith Frerichs Kraus Onnen Solberg Garcia Krinkie Opatz Stanek
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 612, A bill for an act relating to health; requiring equal treatment of prescription drug prescribers; proposing coding for new law in Minnesota Statutes, chapter 62A.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Cooper moved that the House concur in the Senate amendments to H. F. No. 612 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 612, A bill for an act relating to health; requiring equal treatment of prescription drug prescribers; clarifying the role of practice guidelines in prescribing legend drugs; amending Minnesota Statutes 1994, section 151.37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62A.

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

The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Onnen        Smith
Anderson, B. Garcia       Krinkie      Opatz        Solberg
Bakk         Girard       Larsen       Orenstein    Stanek
Bertram      Goodno       Leighton     Orfield      Sviggum
Bettermann   Greenfield   Leppik       Osskopp      Swenson, D.
Bishop       Greiling     Lieder       Osthoff      Swenson, H.
Boudreau     Haas         Lindner      Ostrom       Sykora
Bradley      Hackbarth    Long         Otremba      Tomassoni
Broecker     Harder       Lourey       Ozment       Tompkins
Brown        Hasskamp     Luther       Paulsen      Trimble
Carlson      Hausman      Lynch        Pawlenty     Tuma
Carruthers   Holsten      Macklin      Pellow       Tunheim
Clark        Hugoson      Mahon        Pelowski     Van Dellen
Commers      Huntley      Mares        Perlt        Van Engen
Cooper       Jennings     Marko        Peterson     Vickerman
Daggett      Johnson, A.  McCollum     Pugh         Wagenius
Davids       Johnson, R.  McElroy      Rest         Warkentin
Dawkins      Johnson, V.  McGuire      Rhodes       Weaver
Dehler       Kahn         Milbert      Rice         Wejcman
Delmont      Kalis        Molnau       Rostberg     Wenzel
Dempsey      Kelley       Mulder       Rukavina     Winter
Dorn         Kelso        Munger       Sarna        Wolf
Entenza      Kinkel       Murphy       Schumacher   Worke
Erhardt      Knight       Ness         Seagren      Workman
Farrell      Knoblach     Olson, E.    Simoneau     Sp.Anderson,I
Finseth      Koppendrayer Olson, M.    Skoglund     
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 98, 259, 1343 and 375.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1887

FIRST READING OF SENATE BILLS

S. F. No. 98, A bill for an act relating to public safety; requiring owners of residential rental buildings to request criminal background checks of managers; prohibiting owners from hiring or continuing to employ certain individuals as managers and requiring notices; requiring the superintendent of the bureau of criminal apprehension to assist in the performance of the background checks; imposing penalties; proposing coding for new law in Minnesota Statutes, chapter 299C.

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

S. F. No. 259, A bill for an act relating to insurance; regulating the use of genetic testing by insurers; proposing coding for new law in Minnesota Statutes, chapter 62A.

The bill was read for the first time.

Weaver moved that S. F. No. 259 and H. F. No. 278, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1343, A bill for an act relating to occupations and professions; providing for biennial license renewal for individual certified and licensed public accountants; amending Minnesota Statutes 1994, sections 326.20, subdivision 1; and 326.22, subdivision 2.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

S. F. No. 375, A bill for an act relating to energy; adding pumped hydropower to the list of preferred alternative energy sources; providing for incentive payments to pumped hydropower facilities; amending Minnesota Statutes 1994, sections 216C.051, subdivision 7; and 216C.41, subdivision 1.

The bill was read for the first time.

Solberg moved that S. F. No. 375 and H. F. No. 248, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

CONSENT CALENDAR

S. F. No. 1255, A bill for an act relating to corrections; authorizing use of force in defense of assault in correctional facilities under the control of or licensed by the commissioner; amending Minnesota Statutes 1994, section 243.52.

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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Krinkie      Opatz        Sviggum
Anderson, B. Girard       Larsen       Orenstein    Swenson, D.

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1888
Bakk Goodno Leighton Orfield Swenson, H. Bertram Greenfield Leppik Osskopp Sykora Bettermann Greiling Lieder Osthoff Tomassoni Bishop Haas Lindner Ostrom Tompkins Boudreau Hackbarth Long Otremba Trimble Bradley Harder Lourey Ozment Tuma Broecker Hasskamp Luther Paulsen Tunheim Brown Hausman Lynch Pawlenty Van Dellen Carlson Holsten Macklin Pellow Van Engen Carruthers Hugoson Mahon Pelowski Vickerman Clark Huntley Mares Perlt Wagenius Commers Jaros Mariani Peterson Warkentin Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rhodes Wejcman Davids Johnson, R. McElroy Rice Wenzel Dawkins Johnson, V. McGuire Rostberg Winter Dehler Kahn Milbert Rukavina Wolf Delmont Kalis Molnau Sarna Worke Dempsey Kelley Mulder Schumacher Workman Dorn Kelso Munger Seagren Sp.Anderson,I Entenza Kinkel Murphy Simoneau Erhardt Knight Ness Skoglund Farrell Knoblach Olson, E. Smith Finseth Koppendrayer Olson, M. Solberg Frerichs Kraus Onnen Stanek
The bill was passed and its title agreed to.

H. F. No. 266, A bill for an act relating to peace officers; authorizing certain expenditures by a surviving spouse from a dependent child's share of a peace officer's survivor benefits; amending Minnesota Statutes 1994, section 299A.44.

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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Kraus        Olson, M.    Smith
Anderson, B. Girard       Krinkie      Onnen        Stanek
Bakk         Goodno       Larsen       Opatz        Sviggum
Bertram      Greenfield   Leighton     Orenstein    Swenson, D.
Bettermann   Greiling     Leppik       Orfield      Swenson, H.
Bishop       Haas         Lieder       Osskopp      Sykora
Boudreau     Hackbarth    Lindner      Osthoff      Tomassoni
Bradley      Harder       Long         Ostrom       Tompkins
Broecker     Hasskamp     Lourey       Otremba      Trimble
Brown        Hausman      Luther       Ozment       Tuma
Carlson      Holsten      Lynch        Paulsen      Tunheim
Carruthers   Hugoson      Macklin      Pawlenty     Van Dellen
Clark        Huntley      Mahon        Pellow       Van Engen
Commers      Jaros        Mares        Pelowski     Vickerman
Cooper       Jennings     Mariani      Perlt        Wagenius
Daggett      Johnson, A.  Marko        Peterson     Warkentin
Davids       Johnson, R.  McCollum     Pugh         Weaver
Dawkins      Johnson, V.  McElroy      Rest         Wejcman
Dehler       Kahn         McGuire      Rhodes       Wenzel
Delmont      Kalis        Milbert      Rostberg     Winter
Dempsey      Kelley       Molnau       Rukavina     Wolf
Dorn         Kelso        Mulder       Sarna        Worke
Entenza      Kinkel       Munger       Schumacher   Sp.Anderson,I
Erhardt      Knight       Murphy       Seagren      
Farrell      Knoblach     Ness         Simoneau     
Frerichs     Koppendrayer Olson, E.    Skoglund     
The bill was passed and its title agreed to.

S. F. No. 348, A bill for an act relating to motor vehicles; clarifying power to appoint motor vehicle deputy registrars; amending Minnesota Statutes 1994, section 373.35, subdivision 1.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Krinkie      Orenstein    Sviggum

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1889
Anderson, B. Girard Larsen Orfield Swenson, D. Bakk Goodno Leighton Osskopp Swenson, H. Bertram Greenfield Leppik Osthoff Sykora Bettermann Greiling Lieder Ostrom Tomassoni Bishop Haas Lindner Otremba Tompkins Boudreau Hackbarth Long Ozment Trimble Bradley Harder Lourey Paulsen Tuma Broecker Hasskamp Luther Pawlenty Tunheim Brown Hausman Lynch Pellow Van Dellen Carlson Holsten Macklin Pelowski Van Engen Carruthers Hugoson Mahon Perlt Vickerman Clark Huntley Mares Peterson Wagenius Commers Jaros Mariani Pugh Warkentin Cooper Jennings Marko Rest Weaver Daggett Johnson, A. McElroy Rhodes Wejcman Davids Johnson, R. McGuire Rice Wenzel Dawkins Johnson, V. Milbert Rostberg Winter Dehler Kahn Molnau Rukavina Wolf Delmont Kalis Mulder Sarna Worke Dempsey Kelley Munger Schumacher Workman Dorn Kelso Murphy Seagren Sp.Anderson,I Entenza Kinkel Ness Simoneau Erhardt Knight Olson, E. Skoglund Farrell Knoblach Olson, M. Smith Finseth Koppendrayer Onnen Solberg Frerichs Kraus Opatz Stanek
The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today:

H. F. No. 1207; S. F. No. 133; H. F. No. 641; S. F. Nos. 830 and 839; H. F. Nos. 1238 and 1485; S. F. Nos. 687 and 446; and H. F. No. 1678.

SPECIAL ORDERS

H. F. No. 1207, A bill for an act relating to traffic regulations; increasing maximum length of certain combinations of vehicles from 65 to 70 feet; amending Minnesota Statutes 1994, section 169.81, subdivision 3.

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 121 yeas and 8 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Olson, M.    Stanek
Anderson, B. Frerichs     Krinkie      Onnen        Sviggum
Bakk         Garcia       Larsen       Opatz        Swenson, D.
Bertram      Girard       Leighton     Orenstein    Swenson, H.
Bettermann   Greiling     Leppik       Orfield      Sykora
Bishop       Haas         Lieder       Osskopp      Tomassoni
Boudreau     Hackbarth    Lindner      Osthoff      Tompkins
Bradley      Harder       Lourey       Ostrom       Trimble
Broecker     Hasskamp     Luther       Otremba      Tuma
Brown        Hausman      Lynch        Ozment       Tunheim
Carlson      Holsten      Macklin      Paulsen      Van Dellen
Carruthers   Hugoson      Mahon        Pawlenty     Van Engen
Clark        Huntley      Mares        Pellow       Vickerman
Commers      Jaros        Mariani      Pelowski     Wagenius
Cooper       Jennings     Marko        Peterson     Warkentin
Daggett      Johnson, A.  McCollum     Pugh         Weaver
Davids       Johnson, R.  McElroy      Rest         Wejcman
Dawkins      Johnson, V.  McGuire      Rhodes       Wenzel
Dehler       Kalis        Milbert      Rice         Winter
Delmont      Kelley       Molnau       Rostberg     Workman
Dempsey      Kelso        Mulder       Rukavina     Sp.Anderson,I
Dorn         Kinkel       Munger       Schumacher   
Entenza      Knight       Murphy       Simoneau     
Erhardt      Knoblach     Ness         Smith        
Farrell      Koppendrayer Olson, E.    Solberg      
Those who voted in the negative were:

Goodno       Perlt        Seagren      Wolf         
Greenfield   Sarna        Skoglund     Worke        
The bill was passed and its title agreed to.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1890

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

Bakk moved to amend S. F. No. 133 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [PRIVATE SALE OF TAX-FORFEITED LAND; COOK COUNTY.]

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Cook county may sell by private sale to the Grand Portage Band of Chippewa Indians the lands bordering public waters that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

(b) The conveyance must be in a form approved by the attorney general.

(c) The lands that may be conveyed are located in Cook county and are described as:

(1) Township 63 North, Range 5 East, Section 25, part of Government Lot 1, consisting of 6.54 acres, parcel number 57-325-1125;

(2) Township 63 North, Range 5 East, Section 25, that part of Government Lot 3 lying south of the southern right-of-way of state highway 61, consisting of 10.5 acres, parcel number 57-325-1300; and

(3) Township 63 North, Range 7 East, Section 5, part of Government Lot 9, consisting of three acres, parcel number 59-305-1100.

(d) The lands are located within the Grand Portage Indian Reservation and the county wishes to assist the Grand Portage Band of Chippewa Indians in acquiring lands within the reservation.

Sec. 2. [SALE OF TAX-FORFEITED LAND; COOK COUNTY.]

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, the conveyance by Cook county in October 1993, of the tax-forfeited land bordering public waters that is described in paragraph (b), is hereby ratified.

(b) The land that was conveyed is located in Cook county and is described as: the one acre southwest corner of Government Lot 6, Township 63 North, Range 5 East, Section 31.

(c) Through an error, the county sold the land to a private party in October 1993, without legislative authorization. The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

Sec. 3. [SALE OF STATE LAND IN ST. LOUIS COUNTY.]

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell the school trust land bordering public waters described in paragraph (b) in accordance with the procedures in Minnesota Statutes, chapter 92, for sale of school trust lands.

(b) The land to be sold is located in St. Louis county and is described as: part of Lot 1, Block 2, Perch Lake Homesite Addition, according to the plat thereof on file and of record in the office of the county recorder, and parts of the unplatted portions of Government Lots 7 and 8, Section 16, Township 60 North, Range 21 West.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to state lands; authorizing the private sale of certain tax-forfeited lands bordering public waters in Cook and St. Louis counties."

The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1891

S. F. No. 133, A bill for an act relating to state lands; authorizing the private sale of certain tax-forfeited lands bordering public waters in Cook county.

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 122 yeas and 7 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Opatz        Solberg
Anderson, B. Garcia       Larsen       Orenstein    Stanek
Bakk         Girard       Leighton     Orfield      Sviggum
Bertram      Goodno       Leppik       Osskopp      Swenson, D.
Bettermann   Greiling     Lieder       Osthoff      Swenson, H.
Bishop       Hackbarth    Lindner      Ostrom       Sykora
Boudreau     Harder       Long         Otremba      Tomassoni
Bradley      Hasskamp     Lourey       Ozment       Tompkins
Broecker     Holsten      Luther       Paulsen      Tuma
Brown        Hugoson      Lynch        Pawlenty     Tunheim
Carlson      Huntley      Macklin      Pellow       Van Dellen
Carruthers   Jaros        Mahon        Pelowski     Van Engen
Clark        Jennings     Mares        Perlt        Vickerman
Commers      Johnson, A.  Mariani      Peterson     Wagenius
Cooper       Johnson, R.  Marko        Pugh         Warkentin
Daggett      Johnson, V.  McCollum     Rest         Weaver
Davids       Kahn         McElroy      Rhodes       Wejcman
Dehler       Kalis        McGuire      Rostberg     Wenzel
Delmont      Kelley       Milbert      Rukavina     Winter
Dempsey      Kelso        Molnau       Sarna        Worke
Dorn         Kinkel       Murphy       Schumacher   Workman
Entenza      Knight       Ness         Seagren      Sp.Anderson,I
Erhardt      Knoblach     Olson, E.    Simoneau     
Farrell      Koppendrayer Olson, M.    Skoglund     
Finseth      Kraus        Onnen        Smith        
Those who voted in the negative were:

Dawkins      Hausman      Munger       Wolf 
Haas         Mulder       Trimble      
The bill was passed, as amended, and its title agreed to.

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

H. F. No. 641 was reported to the House.

The bill was read for the third time.

UNANIMOUS CONSENT

Brown requested unanimous consent to offer an amendment to H. F. No. 641. The request was granted.

Brown moved to amend H. F. No. 641, the first engrossment, as follows:

Page 2, line 19, delete "a city, county, town, school district," and insert "an agency"

Page 2, delete line 20

Page 2, line 24, delete "may seek" and insert "will grant"

The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1892

MOTION FOR RECONSIDERATION

Pawlenty moved that the action whereby H. F. No. 641 was given its third reading earlier today be now reconsidered.

A roll call was requested and properly seconded.

The question was taken on the Pawlenty motion and the roll was called. There were 61 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Leppik       Paulsen      Tuma
Anderson, B. Goodno       Lindner      Pawlenty     Van Dellen
Bettermann   Haas         Lynch        Pellow       Van Engen
Bishop       Hackbarth    Macklin      Rhodes       Vickerman
Boudreau     Harder       Mares        Rostberg     Warkentin
Bradley      Holsten      McElroy      Seagren      Weaver
Broecker     Hugoson      Molnau       Smith        Wolf
Commers      Knight       Mulder       Stanek       Worke
Daggett      Knoblach     Ness         Sviggum      Workman 
Davids       Koppendrayer Olson, M.    Swenson, D.  
Dehler       Kraus        Onnen        Swenson, H.  
Dempsey      Krinkie      Osskopp      Sykora       
Erhardt      Larsen       Ozment       Tompkins     
Those who voted in the negative were:

Bakk         Greenfield   Leighton     Opatz        Schumacher
Bertram      Greiling     Lieder       Orenstein    Simoneau
Brown        Hasskamp     Long         Orfield      Skoglund
Carlson      Hausman      Lourey       Osthoff      Solberg
Carruthers   Huntley      Luther       Ostrom       Tomassoni
Clark        Jaros        Mahon        Otremba      Trimble
Cooper       Jennings     Mariani      Pelowski     Tunheim
Dawkins      Johnson, A.  Marko        Perlt        Wagenius
Delmont      Johnson, R.  McCollum     Peterson     Wejcman
Dorn         Johnson, V.  McGuire      Pugh         Wenzel
Entenza      Kahn         Milbert      Rest         Winter
Farrell      Kalis        Munger       Rice         Sp.Anderson,I
Finseth      Kelley       Murphy       Rukavina     
Garcia       Kinkel       Olson, E.    Sarna        
The motion did not prevail.

H. F. No. 641, A bill for an act relating to public administration; providing a deadline for certain actions by local government agencies; proposing coding for new law in Minnesota Statutes, chapter 15.

The bill, as amended, was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 88 yeas and 41 nays as follows:

Those who voted in the affirmative were:

Bakk         Frerichs     Kraus        Orenstein    Skoglund
Bertram      Garcia       Leighton     Orfield      Smith
Bettermann   Greenfield   Leppik       Osskopp      Solberg
Boudreau     Greiling     Lieder       Osthoff      Stanek
Brown        Hackbarth    Long         Ostrom       Sviggum
Carlson      Hasskamp     Luther       Otremba      Tomassoni
Carruthers   Hausman      Mahon        Pellow       Tompkins
Clark        Holsten      Mariani      Pelowski     Trimble
Cooper       Huntley      Marko        Perlt        Tunheim
Daggett      Jaros        McCollum     Peterson     Van Dellen
Davids       Jennings     McGuire      Pugh         Van Engen
Dawkins      Johnson, A.  Milbert      Rest         Wagenius
Delmont      Johnson, R.  Munger       Rhodes       Wejcman
Dempsey      Kahn         Murphy       Rice         Wenzel
Dorn         Kalis        Ness         Rukavina     Winter
Entenza      Kelley       Olson, E.    Sarna        Sp.Anderson,I
Farrell      Kinkel       Onnen        Schumacher   
Finseth      Knoblach     Opatz        Simoneau     

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1893
Those who voted in the negative were:

Abrams       Goodno       Lindner      Paulsen      Warkentin
Anderson, B. Haas         Lynch        Pawlenty     Weaver
Bishop       Harder       Macklin      Rostberg     Wolf
Bradley      Hugoson      Mares        Seagren      Worke
Broecker     Johnson, V.  McElroy      Swenson, D.  Workman 
Commers      Knight       Molnau       Swenson, H.  
Dehler       Koppendrayer Mulder       Sykora       
Erhardt      Krinkie      Olson, M.    Tuma         
Girard       Larsen       Ozment       Vickerman    
The bill was passed, as amended, and its title agreed to.

S. F. No. 830 was reported to the House.

Johnson, R., moved that S. F. No. 830 be continued on Special Orders until Wednesday, April 19, 1995. The motion prevailed.

S. F. No. 839 was reported to the House.

Cooper moved that S. F. No. 839 be continued on Special Orders. The motion prevailed.

H. F. No. 1238 was reported to the House.

Van Dellen, Workman, Sykora and Smith moved to amend H. F. No. 1238, the second engrossment, as follows:

Page 24, after line 3, insert:

"Sec. 29. Minnesota Statutes 1994, section 103B.611, subdivision 1, is amended to read:

Subdivision 1. [COMPOSITION.] The district is governed by a board composed of members elected appointed by the governing bodies of the municipalities included in the district. Each municipality shall elect may appoint one member.

Sec. 30. Minnesota Statutes 1994, section 103B.611, subdivision 2, is amended to read:

Subd. 2. [TERM.] The term of office of each board member is three years unless the appointing municipality recalls the member and either appoints another member for the balance of the term or leaves the office vacant for the balance of the term. This subdivision applies both to members serving on the effective date of this act and to members appointed after the effective date of this act."

Page 24, after line 6, insert:

"Sec. 32. [EFFECTIVE DATE.]

Under Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 29 takes effect, without local approval, the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Knight moved to amend H. F. No. 1238, the second engrossment, as amended, as follows:

Page 5, lines 13 and 22, delete "and the metropolitan council"

Page 9, line 9, delete "metropolitan council, the"


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1894

Page 9, lines 22 to 34, delete the new language

Page 10, line 24, strike "METROPOLITAN COUNCIL" and delete "AND"

Page 10, line 29, strike "metropolitan council" and delete ", the"

Page 12, line 8, delete the new language

Page 12, line 9, delete "metropolitan council,"

Page 15, lines 16 to 18, reinstate the stricken language

Page 18, line 2, delete "the metropolitan council,"

Page 18, lines 18 to 29, delete the new language

Page 19, line 2, strike "METROPOLITAN COUNCIL" and delete "AND"

Page 19, line 7, strike "the metropolitan council" and delete the comma

Page 20, line 19, delete "metropolitan council, the"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Knight amendment and the roll was called. There were 42 yeas and 86 nays as follows:

Those who voted in the affirmative were:

Abrams       Goodno       Koppendrayer Osskopp      Tuma
Anderson, B. Haas         Kraus        Paulsen      Van Engen
Boudreau     Hackbarth    Krinkie      Pellow       Warkentin
Broecker     Holsten      Lindner      Rostberg     Wolf
Commers      Huntley      Macklin      Seagren      Worke
Daggett      Jaros        McElroy      Sviggum      Workman 
Dehler       Johnson, V.  Mulder       Swenson, H.  
Finseth      Knight       Munger       Sykora       
Girard       Knoblach     Olson, M.    Tompkins     
Those who voted in the negative were:

Bakk         Garcia       Long         Osthoff      Solberg
Bertram      Greenfield   Lourey       Ostrom       Stanek
Bettermann   Greiling     Luther       Otremba      Swenson, D.
Bradley      Hasskamp     Lynch        Ozment       Tomassoni
Brown        Hausman      Mahon        Pawlenty     Trimble
Carlson      Hugoson      Mares        Pelowski     Tunheim
Carruthers   Jefferson    Mariani      Perlt        Van Dellen
Clark        Jennings     Marko        Peterson     Vickerman
Cooper       Johnson, A.  McCollum     Pugh         Wagenius
Davids       Johnson, R.  McGuire      Rest         Weaver
Dawkins      Kahn         Milbert      Rhodes       Wejcman
Delmont      Kalis        Molnau       Rice         Wenzel
Dempsey      Kelley       Murphy       Rukavina     Winter
Dorn         Kinkel       Ness         Sarna        Sp.Anderson,I
Entenza      Larsen       Olson, E.    Schumacher   
Erhardt      Leighton     Opatz        Simoneau     
Farrell      Leppik       Orenstein    Skoglund     
Frerichs     Lieder       Orfield      Smith        
The motion did not prevail and the amendment was not adopted.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1895

H. F. No. 1238, A bill for an act relating to waters; planning, development, review, reporting, and coordination of surface and groundwater management in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.205, by adding a subdivision; 103B.211, subdivision 1; 103B.231, subdivisions 3, 4, 6, 7, 8, 9, 11, and by adding a subdivision; 103B.235, subdivision 3; 103B.241, subdivision 1; 103B.245, subdivisions 1 and 4; 103B.251, subdivisions 3 and 7; 103B.255, subdivisions 6, 7, 8, 9, 10, and 12; 103B.311, subdivisions 4 and 6; 103B.3369, subdivisions 5 and 6; and 103B.355; proposing coding for new law in Minnesota Statutes, chapter 103B; repealing Minnesota Statutes 1994, sections 103B.227, subdivision 6; 103B.231, subdivisions 5 and 12; and 103B.3365.

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 114 yeas and 15 nays as follows:

Those who voted in the affirmative were:

Abrams       Greenfield   Leighton     Orenstein    Stanek
Bakk         Greiling     Leppik       Orfield      Sviggum
Bertram      Haas         Lieder       Osthoff      Swenson, D.
Bishop       Hackbarth    Lindner      Ostrom       Swenson, H.
Boudreau     Harder       Long         Otremba      Sykora
Bradley      Hasskamp     Lourey       Ozment       Tomassoni
Brown        Hausman      Luther       Paulsen      Tompkins
Carlson      Holsten      Lynch        Pawlenty     Trimble
Carruthers   Hugoson      Macklin      Pelowski     Tuma
Clark        Huntley      Mahon        Perlt        Tunheim
Commers      Jaros        Mares        Peterson     Van Dellen
Cooper       Jefferson    Mariani      Pugh         Van Engen
Davids       Jennings     Marko        Rest         Vickerman
Dawkins      Johnson, A.  McCollum     Rhodes       Wagenius
Dehler       Johnson, R.  McElroy      Rice         Warkentin
Delmont      Johnson, V.  McGuire      Rostberg     Weaver
Dempsey      Kahn         Milbert      Rukavina     Wejcman
Dorn         Kalis        Molnau       Sarna        Wenzel
Entenza      Kelley       Munger       Schumacher   Winter
Erhardt      Kinkel       Murphy       Seagren      Worke
Farrell      Koppendrayer Ness         Skoglund     Workman
Garcia       Kraus        Olson, E.    Smith        Sp.Anderson,I
Goodno       Larsen       Opatz        Solberg      
Those who voted in the negative were:

Anderson, B. Finseth      Knoblach     Osskopp      
Bettermann   Frerichs     Krinkie      Pellow       
Broecker     Girard       Mulder       Wolf         
Daggett      Knight       Olson, M.    
The bill was passed, as amended, and its title agreed to.

H. F. No. 1485, A bill for an act relating to occupations and professions; permitting protective agents to perform certain traffic control duties; amending Minnesota Statutes 1994, section 326.338, subdivision 4.

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 74 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Frerichs     Kinkel       Murphy       Rukavina
Bakk         Garcia       Krinkie      Ness         Schumacher
Bertram      Girard       Leighton     Olson, E.    Simoneau
Brown        Greenfield   Leppik       Onnen        Skoglund
Carlson      Greiling     Lieder       Opatz        Solberg
Carruthers   Hasskamp     Long         Orenstein    Tomassoni
Clark        Hausman      Lourey       Orfield      Trimble
Commers      Huntley      Luther       Osthoff      Tunheim
Cooper       Jaros        Mahon        Ostrom       Wagenius
Dawkins      Jefferson    Mariani      Ozment       Wejcman
Delmont      Johnson, A.  Marko        Pelowski     Wenzel
Dempsey      Johnson, R.  McCollum     Perlt        Winter
Dorn         Kahn         McGuire      Peterson     Workman
Entenza      Kalis        Milbert      Pugh         Sp.Anderson,I
Farrell      Kelley       Munger       Rest         

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1896
Those who voted in the negative were:

Abrams       Goodno       Kraus        Otremba      Swenson, H.
Bettermann   Haas         Larsen       Paulsen      Sykora
Bishop       Hackbarth    Lindner      Pellow       Tompkins
Boudreau     Harder       Lynch        Rhodes       Tuma
Bradley      Holsten      Macklin      Rostberg     Van Dellen
Broecker     Hugoson      Mares        Sarna        Van Engen
Daggett      Jennings     McElroy      Seagren      Vickerman
Davids       Johnson, V.  Molnau       Smith        Warkentin
Dehler       Knight       Mulder       Stanek       Weaver
Erhardt      Knoblach     Olson, M.    Sviggum      Wolf
Finseth      Koppendrayer Osskopp      Swenson, D.  Worke 
The bill was passed and its title agreed to.

S. F. No. 687, A bill for an act relating to traffic regulations; requiring minimum clearance when passing bicycle or individual on roadway or bikeway; requiring bicycle traffic laws to be included in driver's manual and driver's license tests; amending Minnesota Statutes 1994, sections 169.18, subdivision 3; 169.222, subdivision 4; and 171.13, subdivision 1, and by adding a subdivision.

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 123 yeas and 6 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Smith
Anderson, B. Garcia       Kraus        Onnen        Solberg
Bakk         Girard       Larsen       Opatz        Stanek
Bertram      Goodno       Leighton     Orenstein    Sviggum
Bettermann   Greenfield   Leppik       Orfield      Swenson, D.
Bishop       Greiling     Lieder       Osskopp      Swenson, H.
Boudreau     Haas         Lindner      Ostrom       Sykora
Bradley      Harder       Long         Otremba      Tomassoni
Broecker     Hasskamp     Lourey       Ozment       Tompkins
Brown        Hausman      Luther       Paulsen      Trimble
Carlson      Holsten      Macklin      Pawlenty     Tuma
Carruthers   Hugoson      Mahon        Pellow       Tunheim
Clark        Huntley      Mares        Pelowski     Van Engen
Commers      Jaros        Mariani      Perlt        Vickerman
Cooper       Jefferson    Marko        Peterson     Wagenius
Daggett      Jennings     McCollum     Pugh         Warkentin
Davids       Johnson, A.  McElroy      Rest         Wejcman
Dawkins      Johnson, R.  McGuire      Rhodes       Wenzel
Dehler       Johnson, V.  Milbert      Rostberg     Winter
Delmont      Kahn         Molnau       Rukavina     Wolf
Dempsey      Kalis        Mulder       Sarna        Worke
Dorn         Kelley       Munger       Schumacher   Workman
Entenza      Kinkel       Murphy       Seagren      Sp.Anderson,I
Erhardt      Knight       Ness         Simoneau     
Farrell      Knoblach     Olson, E.    Skoglund     
Those who voted in the negative were:

Frerichs     Krinkie      Osthoff      
Hackbarth    Lynch        Weaver       
The bill was passed and its title agreed to.

S. F. No. 446, A bill for an act relating to commerce; restraint of trade; repealing price markup provisions in the sales discrimination law; amending Minnesota Statutes 1994, section 325D.06; and repealing Minnesota Statutes 1994, section 325D.08.

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 126 yeas and 5 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Larsen       Orfield      Sviggum
Anderson, B. Goodno       Leighton     Osskopp      Swenson, D.
Bakk         Greenfield   Leppik       Osthoff      Swenson, H.
Bertram      Greiling     Lieder       Ostrom       Sykora
Bettermann   Haas         Lindner      Otremba      Tomassoni
Bishop       Hackbarth    Long         Ozment       Tompkins
Boudreau     Harder       Lourey       Paulsen      Trimble
Bradley      Hasskamp     Luther       Pawlenty     Tuma
Broecker     Hausman      Lynch        Pellow       Tunheim
Brown        Holsten      Macklin      Pelowski     Van Dellen
Carlson      Hugoson      Mahon        Perlt        Van Engen
Carruthers   Huntley      Mares        Peterson     Vickerman
Clark        Jaros        Mariani      Pugh         Wagenius
Commers      Jefferson    Marko        Rest         Warkentin
Cooper       Johnson, A.  McCollum     Rhodes       Weaver
Daggett      Johnson, R.  McElroy      Rice         Wejcman
Davids       Johnson, V.  McGuire      Rostberg     Wenzel
Dawkins      Kahn         Milbert      Rukavina     Winter
Delmont      Kalis        Molnau       Sarna        Wolf
Dempsey      Kelley       Mulder       Schumacher   Worke
Dorn         Kinkel       Murphy       Seagren      Workman

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1897
Entenza Knight Ness Simoneau Sp.Anderson,I Erhardt Knoblach Olson, M. Skoglund Farrell Koppendrayer Onnen Smith Finseth Kraus Opatz Solberg Garcia Krinkie Orenstein Stanek
Those who voted in the negative were:

Dehler       Jennings     Olson, E.    
Frerichs     Munger       
The bill was passed and its title agreed to.

H. F. No. 1678, A bill for an act relating to drainage; allowing an outlet fee to be charged for use of an established drainage system in Red Lake county as an outlet for drainage originating in Polk county.

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 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Koppendrayer Olson, M.    Smith
Anderson, B. Garcia       Kraus        Onnen        Solberg
Bakk         Girard       Krinkie      Opatz        Stanek
Bertram      Goodno       Larsen       Orenstein    Sviggum
Bettermann   Greenfield   Leighton     Orfield      Swenson, D.
Bishop       Greiling     Leppik       Osskopp      Swenson, H.
Boudreau     Haas         Lieder       Ostrom       Sykora
Bradley      Hackbarth    Lindner      Otremba      Tomassoni
Broecker     Harder       Long         Ozment       Tompkins
Brown        Hasskamp     Lourey       Paulsen      Trimble
Carlson      Hausman      Luther       Pawlenty     Tuma
Carruthers   Holsten      Lynch        Pellow       Tunheim
Clark        Hugoson      Macklin      Pelowski     Van Dellen
Commers      Huntley      Mahon        Perlt        Van Engen
Cooper       Jaros        Mares        Peterson     Vickerman
Daggett      Jefferson    Mariani      Pugh         Wagenius
Davids       Jennings     McCollum     Rest         Warkentin
Dawkins      Johnson, A.  McElroy      Rhodes       Weaver
Dehler       Johnson, R.  McGuire      Rice         Wejcman
Delmont      Johnson, V.  Milbert      Rostberg     Wenzel
Dempsey      Kahn         Molnau       Rukavina     Winter
Dorn         Kalis        Mulder       Sarna        Wolf
Entenza      Kelley       Munger       Schumacher   Worke
Erhardt      Kinkel       Murphy       Seagren      Workman
Farrell      Knight       Ness         Simoneau     Sp.Anderson,I
Finseth      Knoblach     Olson, E.    Skoglund     
The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today:

S. F. Nos. 445, 566 and 474; H. F. Nos. 744 and 765; S. F. No. 172; H. F. Nos. 1132, 1246 and 54; and S. F. No. 144.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1898

SPECIAL ORDERS, Continued

S. F. No. 445 was reported to the House.

Winter moved to amend S. F. No. 445 as follows:

Page 1, line 12, after "combustor" insert "is monitored by an automatic temperature control device and"

The motion prevailed and the amendment was adopted.

S. F. No. 445, A bill for an act relating to the environment; requiring the pollution control agency to permit the operation of certain waste combustors.

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 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Larsen       Opatz        Solberg
Anderson, B. Girard       Leighton     Orenstein    Stanek
Bertram      Goodno       Leppik       Orfield      Sviggum
Bettermann   Greiling     Lieder       Osskopp      Swenson, D.
Bishop       Haas         Lindner      Osthoff      Swenson, H.
Boudreau     Hackbarth    Long         Ostrom       Sykora
Bradley      Harder       Lourey       Otremba      Tomassoni
Broecker     Hasskamp     Luther       Ozment       Tompkins
Brown        Hausman      Lynch        Paulsen      Trimble
Carlson      Holsten      Macklin      Pawlenty     Tuma
Carruthers   Hugoson      Mahon        Pellow       Tunheim
Clark        Huntley      Mares        Pelowski     Van Dellen
Commers      Jaros        Mariani      Perlt        Van Engen
Cooper       Jefferson    Marko        Peterson     Vickerman
Daggett      Jennings     McCollum     Pugh         Wagenius
Davids       Johnson, R.  McElroy      Rest         Warkentin
Dawkins      Johnson, V.  McGuire      Rhodes       Weaver
Dehler       Kahn         Milbert      Rice         Wejcman
Delmont      Kalis        Molnau       Rostberg     Wenzel
Dempsey      Kelley       Mulder       Rukavina     Winter
Dorn         Kinkel       Munger       Sarna        Wolf
Entenza      Knight       Murphy       Schumacher   Worke
Erhardt      Knoblach     Ness         Seagren      Workman
Farrell      Koppendrayer Olson, E.    Simoneau     Sp.Anderson,I
Finseth      Kraus        Olson, M.    Skoglund     
Frerichs     Krinkie      Onnen        Smith        
The bill was passed, as amended, and its title agreed to.

S. F. No. 566 was reported to the House.

Winter moved to amend S. F. No. 566 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Laws 1994, chapter 643, section 14, subdivision 8, is amended to read:

Subd. 8. Lakeview School 2,070,000 1,700,000

For a grant to independent school district No. 518, Worthington, to acquire land, construct, and equip three up to five cottages at no more than $340,000 each to meet the residential needs of children attending the Lakeview school. The district may use a portion of


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1899

the grant to purchase, improve, and equip existing buildings for use as cottages if appropriate. The commissioner of education shall not award the grant until the school district can demonstrate to the commissioner's satisfaction that appropriate department of human services approval, including licensure, will be granted.

Sec. 2. [RESIDENTIAL PROGRAM OPERATED BY INDEPENDENT SCHOOL DISTRICT NO. 518.]

Subdivision 1. [DURATION OF RESIDENTIAL PROGRAM.] The residential program serving not more than 20 persons, operated by independent school district No. 518, Worthington, may stay in operation without licensure by the commissioner of human services no later than July 1, 1996, provided the program complies with the requirements in this section. The commissioner of human services need not pay any of the costs of operating the residential program before it is licensed. The maximum capacity of the program is 20 persons.

Subd. 2. [DEFINITION.] "Controlling individual," for purposes of this section, is defined in Minnesota Statutes, section 245A.02, subdivision 5a.

Subd. 3. [REQUIREMENTS.] The controlling individual of the residential program shall:

(a) comply with the following:

(1) Minnesota Rules, parts 9543.3000 to 9543.3090;

(2) Minnesota Rules, parts 9525.2700 to 9525.2810;

(3) Minnesota Rules, parts 9525.0215 to 9525.0355;

(4) Minnesota Rules, parts 9555.8000 to 9555.8500;

(5) Minnesota Rules, parts 4665.0100 to 4665.9900;

(6) Minnesota Statutes, section 626.556;

(7) Minnesota Statutes, section 626.557;

(8) Minnesota Statutes, section 245.94, subdivision 2a; and

(9) any other laws applicable to the residential program not specified in clauses (1) to (8);

(b) allow access to the residential program by the department of human services and department of health, in accordance with Minnesota Statutes, sections 245A.04, subdivision 5, and 144.653, subdivisions 2 and 3, respectively;

(c) allow access to the physical plant and grounds by officials charged with the responsibility of enforcing health, safety, and building codes, and comply with the health, safety, and building codes; and

(d) not accept any new referrals for long-term placement that exceed 90 days without the written approval of the commissioners of health, human services, and education.

Subd. 4. [POWERS AND DUTIES OF COMMISSIONERS.] The commissioner of education shall offer technical assistance to the controlling individual of the residential program to facilitate the process by which the program can obtain future financial assistance to continue with the plan to move the individuals currently in the residential program to different settings, and any other technical assistance, as requested by the controlling individual.

The commissioners of human services and health may grant waivers and variances as necessary under Minnesota Statutes, section 245A.04, subdivision 9, and Minnesota Rules, part 4665.0600, respectively.

Subd. 5. [CORRECTION ORDERS.] (a) If either the commissioner of health or human services finds that the program has failed to comply with an applicable law or rule, and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, either commissioner may issue a correction order to the controlling individual. The correction order must state:

(1) the conditions that constitute a violation of the law or rule;


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1900

(2) the specific law or rule violated; and

(3) the time allowed to correct each violation.

(b) Nothing in this section prohibits the commissioner from proposing a sanction as specified in subdivision 7 prior to issuing a correction order or fine.

Subd. 6. [RECONSIDERATION.] If the controlling individual believes that the contents of the commissioner's correction order are in error, the controlling individual may ask the appropriate commissioner to reconsider the parts of the correction order that are alleged to be in error. The request for reconsideration must be in writing, delivered by certified mail, and:

(1) specify the parts of the correction order that are alleged to be in error;

(2) explain why they are in error; and

(3) include documentation to support the allegation of error.

A request for reconsideration does not stay any provisions or requirements of the correction order. The commissioner's disposition of a request for reconsideration is final and not subject to appeal.

Subd. 7. [SANCTION.] If, upon reinspection, the commissioner of human services or health finds that the program has not corrected the violations specified in the correction order, that commissioner may impose an appropriate sanction. The most serious sanction imposed is the closure of the physical plant of the residential program. The commissioner may secure an injunction against the continuing operation of the program of a controlling individual who does not comply with applicable law or rule. When applying sanctions authorized under this section, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program.

Subd. 8. [IMMEDIATE CLOSURE IN CASES OF IMMINENT DANGER TO HEALTH, SAFETY, OR RIGHTS.] If the controlling individual's failure to comply with applicable law or rule of either the department of health or the department of human services has placed the health, safety, or rights of persons served by the program in imminent danger, the commissioner of that agency shall act immediately to close the physical plant of the residential program. No state funds shall be made available or be expended by any agency or department of state, county, or municipal government for use by the controlling individual for the program. A notice stating the reasons for the immediate suspension and informing the controlling individual of the right to a contested case hearing under Minnesota Statutes, chapter 14, must be delivered by personal service to the address shown on the application or the last known address of the controlling individual. The controlling individual may appeal an order immediately closing the program. The appeal of an order immediately closing the physical plant of the residential program must be made in writing by certified mail and must be received by the commissioner within five calendar days after the program receives notice that the license has been immediately suspended. Notwithstanding a pending appeal to close the residential program, a controlling individual shall discontinue operation of the program upon receipt of the commissioner's order to immediately close the physical plant of the residential program.

Sec. 3. [STUDY OF EXPANSION TO MEET RESPITE CARE NEEDS.]

The commissioner of human services, in cooperation with the commissioners of education and health and the ombudsman for mental health and mental retardation, shall study the need for and methods for expanding the total number of beds at the Lakeview school site to 35. The study shall consider the need for periodic and scheduled respite care for persons with developmental disabilities. The study may consider meeting some or all of the need for additional beds by developing or expanding capacity elsewhere in the area. The commissioner of human services shall report to the legislature with recommendations by January 1, 1996.

Sec. 4. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1901

Winter moved to amend S. F. No. 566, as amended, as follows:

Page 5, line 5, after "CARE" insert "AND INDEPENDENT LIVING SKILLS"

Page 5, line 11, after "care" insert ", and independent living skills services,"

The motion prevailed and the amendment was adopted.

S. F. No. 566, A bill for an act relating to education; allowing the residential program operated by independent school district No. 518 to remain open until July 1, 1996; amending Laws 1994, chapter 643, section 14, subdivision 8.

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 117 yeas and 11 nays as follows:

Those who voted in the affirmative were:

Abrams       Goodno       Leppik       Osskopp      Sviggum
Bakk         Greenfield   Lieder       Osthoff      Swenson, D.
Bettermann   Greiling     Long         Ostrom       Swenson, H.
Bishop       Haas         Lourey       Otremba      Sykora
Broecker     Hackbarth    Luther       Ozment       Tomassoni
Carlson      Harder       Lynch        Paulsen      Tompkins
Carruthers   Hasskamp     Macklin      Pawlenty     Trimble
Clark        Hausman      Mahon        Pellow       Tuma
Commers      Holsten      Mares        Pelowski     Tunheim
Cooper       Hugoson      Marko        Perlt        Van Dellen
Daggett      Huntley      McCollum     Peterson     Van Engen
Davids       Jaros        McElroy      Pugh         Vickerman
Dawkins      Jefferson    McGuire      Rest         Wagenius
Dehler       Jennings     Milbert      Rhodes       Warkentin
Delmont      Johnson, A.  Molnau       Rice         Weaver
Dempsey      Johnson, R.  Mulder       Rukavina     Wejcman
Dorn         Johnson, V.  Munger       Sarna        Wenzel
Entenza      Kahn         Murphy       Schumacher   Winter
Erhardt      Kalis        Ness         Seagren      Wolf
Farrell      Kelley       Olson, E.    Simoneau     Workman
Finseth      Kinkel       Onnen        Skoglund     Sp.Anderson,I
Frerichs     Kraus        Opatz        Smith        
Garcia       Larsen       Orenstein    Solberg      
Girard       Leighton     Orfield      Stanek       
Those who voted in the negative were:

Anderson, B. Knight       Krinkie      Rostberg     
Boudreau     Knoblach     Lindner      Worke        
Bradley      Koppendrayer Olson, M.    
The bill was passed, as amended, and its title agreed to.

S. F. No. 474 was reported to the House.

Lourey moved to amend S. F. No. 474 as follows:

Page 3, line 30, delete "as defined under" and insert "described in"

Page 3, line 32, after the comma, insert "if the insured applies for reinstatement no later than 60 days after the due date for the premium payment,"

Page 7, after line 25, insert:

"Sec. 2. Minnesota Statutes 1994, section 62D.12, is amended by adding a subdivision to read:

Subd. 17. No health maintenance organization shall fail to comply with the special reinstatement privilege provided under section 62A.04, subdivision 2, clause (4), for the Medicare-related coverage referred to in that clause."


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1902

Amend the title as follows:

Page 1, line 2, delete "accident and sickness" and insert "Medicare-related coverage"

Page 1, line 4, delete "section" and insert "sections" and after 2 insert "; and 62D.12, by adding a subdivision"

The motion prevailed and the amendment was adopted.

S. F. No. 474, A bill for an act relating to insurance; accident and sickness; regulating policy reinstatement; amending Minnesota Statutes 1994, section 62A.04, subdivision 2.

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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Larsen       Orenstein    Sviggum
Anderson, B. Goodno       Leighton     Orfield      Swenson, D.
Bakk         Greenfield   Leppik       Osskopp      Swenson, H.
Bertram      Greiling     Lieder       Osthoff      Sykora
Bettermann   Haas         Lindner      Ostrom       Tomassoni
Bishop       Hackbarth    Long         Otremba      Tompkins
Boudreau     Harder       Lourey       Ozment       Trimble
Bradley      Hasskamp     Luther       Paulsen      Tuma
Broecker     Hausman      Lynch        Pawlenty     Tunheim
Carlson      Holsten      Macklin      Pellow       Van Dellen
Carruthers   Hugoson      Mahon        Pelowski     Van Engen
Clark        Huntley      Mares        Perlt        Vickerman
Commers      Jaros        Mariani      Peterson     Wagenius
Cooper       Jefferson    Marko        Pugh         Warkentin
Daggett      Jennings     McCollum     Rest         Weaver
Davids       Johnson, A.  McElroy      Rhodes       Wejcman
Dawkins      Johnson, R.  McGuire      Rice         Wenzel
Dehler       Johnson, V.  Milbert      Rostberg     Winter
Delmont      Kahn         Molnau       Rukavina     Wolf
Dempsey      Kalis        Mulder       Sarna        Worke
Dorn         Kelley       Munger       Schumacher   Workman
Entenza      Kinkel       Murphy       Seagren      Sp.Anderson,I
Erhardt      Knight       Ness         Simoneau     
Farrell      Knoblach     Olson, E.    Skoglund     
Finseth      Koppendrayer Olson, M.    Smith        
Frerichs     Kraus        Onnen        Solberg      
Garcia       Krinkie      Opatz        Stanek       
The bill was passed, as amended, and its title agreed to.

S. F. No. 172, A bill for an act relating to motor vehicles; providing for issuance of manufacturer test plates; amending Minnesota Statutes 1994, section 168.012, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 168; and 297B.

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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Krinkie      Orfield      Swenson, D.
Anderson, B. Girard       Larsen       Osskopp      Swenson, H.

JOURNAL OF THE HOUSE - 39th Day - Top of Page 1903
Bakk Goodno LeightonLeppikOsthoff Sykora Bertram Greenfield Lieder Ostrom Tomassoni Bettermann Greiling Lindner Otremba Tompkins Bishop Haas Long Ozment Trimble Boudreau Hackbarth Lourey Paulsen Tuma Bradley Harder Luther Pawlenty Tunheim Broecker Hasskamp Lynch Pellow Van Dellen Brown Hausman Macklin Pelowski Van Engen Carlson Holsten Mahon Perlt Vickerman Carruthers Hugoson Mares Peterson Wagenius Clark Huntley Mariani Pugh Warkentin Commers Jaros Marko Rest Weaver Cooper Jefferson McCollum Rhodes Wejcman Daggett Jennings McElroy Rice Wenzel Davids Johnson, A. McGuire Rostberg Winter Dawkins Johnson, R. Molnau Rukavina Wolf Dehler Johnson, V. Mulder Sarna Worke Delmont Kahn Munger Schumacher Workman Dempsey Kalis Murphy Seagren Sp.Anderson,I Dorn Kelley Ness Simoneau Entenza Kinkel Olson, E. Skoglund Erhardt Knight Olson, M. Smith Farrell Knoblach Onnen Solberg Finseth Koppendrayer Opatz Stanek Frerichs Kraus Orenstein Sviggum
The bill was passed and its title agreed to.

H. F. No. 1132 was reported to the House.

Kahn moved to amend H. F. No. 1132, the first engrossment, as follows:

Pages 6 and 7, delete section 8

Renumber the sections in sequence

Correct internal cross references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kahn amendment and the roll was called. There were 114 yeas and 16 nays as follows:

Those who voted in the affirmative were:

Abrams       Greenfield   Leighton     Onnen        Smith
Anderson, B. Greiling     Leppik       Opatz        Solberg
Bakk         Haas         Lieder       Orenstein    Stanek
Bettermann   Hackbarth    Lindner      Orfield      Sviggum
Bishop       Harder       Long         Osskopp      Sykora
Boudreau     Hausman      Lourey       Osthoff      Tomassoni
Bradley      Holsten      Luther       Ostrom       Tompkins
Broecker     Hugoson      Lynch        Otremba      Trimble
Carlson      Huntley      Macklin      Ozment       Tunheim
Carruthers   Jefferson    Mahon        Paulsen      Van Dellen
Clark        Jennings     Mares        Pawlenty     Van Engen
Commers      Johnson, A.  Mariani      Pelowski     Vickerman
Daggett      Johnson, R.  Marko        Perlt        Wagenius
Davids       Johnson, V.  McCollum     Peterson     Warkentin
Dawkins      Kahn         McElroy      Pugh         Weaver
Delmont      Kalis        McGuire      Rest         Wejcman
Dempsey      Kelley       Milbert      Rhodes       Wenzel
Dorn         Kinkel       Molnau       Rice         Winter
Entenza      Knight       Mulder       Rukavina     Wolf
Erhardt      Knoblach     Munger       Sarna        Worke
Farrell      Kraus        Ness         Schumacher   Workman
Finseth      Krinkie      Olson, E.    Seagren      Sp.Anderson,I
Garcia       Larsen       Olson, M.    Skoglund     
Those who voted in the negative were:

Bertram      Frerichs     Jaros        Simoneau     
Brown        Girard       Koppendrayer Swenson, D.  
Cooper       Goodno       Pellow       Swenson, H.  
Dehler       Hasskamp     Rostberg     Tuma         
The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1904

H. F. No. 1132, A bill for an act relating to alcoholic beverages; providing restrictions on brewers who have retail on-sale licenses; imposing licensing and permitting requirements; requiring a license for charging for possession of alcoholic beverages; requiring a permit to allow consumption and display of all alcoholic beverages; authorizing additional licenses in Minneapolis; authorizing Clay and St. Louis counties to issue on-sale licenses; requiring a study of application of primary source law; defining home brewing equipment; listing items that may be sold in exclusive liquor stores; repealing requirement for permit for transportation of alcoholic beverages; amending Minnesota Statutes 1994, sections 340A.101, subdivision 10, and by adding a subdivision; 340A.301, subdivisions 6 and 7; 340A.401; 340A.404, subdivision 2; 340A.408, subdivision 2; 340A.410, subdivision 5; 340A.412, by adding a subdivision; and 340A.414, subdivision 1; repealing Minnesota Statutes 1994, sections 340A.301, subdivision 10; and 340A.32.

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 122 yeas and 9 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Ness         Sviggum
Anderson, B. Frerichs     Koppendrayer Olson, E.    Swenson, D.
Bakk         Garcia       Kraus        Opatz        Swenson, H.
Bertram      Girard       Krinkie      Orenstein    Sykora
Bettermann   Goodno       Larsen       Orfield      Tomassoni
Bishop       Greenfield   Leighton     Osthoff      Tompkins
Boudreau     Greiling     Leppik       Ostrom       Trimble
Bradley      Haas         Lieder       Otremba      Tuma
Broecker     Hackbarth    Long         Ozment       Tunheim
Brown        Harder       Lourey       Paulsen      Van Dellen
Carlson      Hasskamp     Luther       Pawlenty     Van Engen
Carruthers   Hausman      Lynch        Pellow       Vickerman
Clark        Holsten      Macklin      Pelowski     Wagenius
Commers      Hugoson      Mahon        Peterson     Warkentin
Cooper       Huntley      Mares        Pugh         Weaver
Daggett      Jaros        Mariani      Rest         Wejcman
Davids       Jefferson    Marko        Rhodes       Wenzel
Dawkins      Jennings     McCollum     Rostberg     Winter
Dehler       Johnson, A.  McElroy      Rukavina     Wolf
Delmont      Johnson, R.  McGuire      Sarna        Worke
Dempsey      Johnson, V.  Milbert      Schumacher   Workman
Dorn         Kahn         Molnau       Simoneau     Sp.Anderson,I
Entenza      Kalis        Mulder       Smith        
Erhardt      Kelley       Munger       Solberg      
Farrell      Kinkel       Murphy       Stanek       
Those who voted in the negative were:

Knight       Olson, M.    Osskopp      Rice         Skoglund 
Lindner      Onnen        Perlt        Seagren      
The bill was passed, as amended, and its title agreed to.

H. F. No. 1246 was reported to the House.

Cooper moved to amend H. F. No. 1246, the first engrossment, as follows:

Page 7, after line 1, insert:

"Sec. 7. [RECOMMENDATIONS ON REGULATING CHILD CARE PROGRAMS.]

The commissioner of human services shall review and make recommendations to the legislature regarding what programs should be regulated that provide child care for children, and the manner in which these programs should be regulated.

The commissioner shall submit the recommendations to the chairs of the house health and human services committee and the health and human services finance division, and of the senate family services committee and the health care and family services finance division."

Amend the title accordingly

The motion prevailed and the amendment was adopted.


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Onnen moved to amend H. F. No. 1246, the first engrossment, as amended, as follows:

Page 1, line 19, after the second "program" insert "serving more than ten children"

The motion prevailed and the amendment was adopted.

H. F. No. 1246, A bill for an act relating to child care; requiring child care for school age children not operated by a school to be licensed; changing the definition of toddler and preschooler for family day care programs serving siblings; amending Minnesota Statutes 1994, sections 245A.02, by adding subdivisions; 245A.03, subdivision 2; 245A.10; and 245A.14, subdivision 6.

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 112 yeas and 18 nays as follows:

Those who voted in the affirmative were:

Abrams       Goodno       Larsen       Orenstein    Solberg
Bertram      Greenfield   Leighton     Orfield      Stanek
Bettermann   Greiling     Lieder       Osthoff      Swenson, D.
Bishop       Haas         Long         Ostrom       Swenson, H.
Boudreau     Hackbarth    Lourey       Otremba      Sykora
Bradley      Harder       Luther       Ozment       Tomassoni
Brown        Hasskamp     Lynch        Paulsen      Tompkins
Carlson      Hausman      Macklin      Pawlenty     Trimble
Carruthers   Holsten      Mahon        Pellow       Tuma
Clark        Hugoson      Mares        Pelowski     Tunheim
Commers      Huntley      Mariani      Perlt        Van Dellen
Cooper       Jaros        Marko        Peterson     Vickerman
Daggett      Jefferson    McCollum     Pugh         Wagenius
Dawkins      Jennings     McElroy      Rest         Weaver
Delmont      Johnson, A.  McGuire      Rhodes       Wejcman
Dempsey      Johnson, R.  Milbert      Rice         Wenzel
Dorn         Johnson, V.  Molnau       Rostberg     Winter
Entenza      Kahn         Munger       Rukavina     Wolf
Erhardt      Kalis        Murphy       Sarna        Workman
Farrell      Kelley       Ness         Schumacher   Sp.Anderson,I
Finseth      Kinkel       Olson, E.    Simoneau     
Garcia       Koppendrayer Onnen        Skoglund     
Girard       Kraus        Opatz        Smith        
Those who voted in the negative were:

Anderson, B. Frerichs     Leppik       Osskopp      Warkentin
Broecker     Knight       Lindner      Seagren      Worke 
Davids       Knoblach     Mulder       Sviggum      
Dehler       Krinkie      Olson, M.    Van Engen    
The bill was passed, as amended, and its title agreed to.

Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

GENERAL ORDERS

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Wolf moved that his name be stricken as an author on H. F. No. 1439. The motion prevailed.

Boudreau moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 6, 1995, when the vote was taken on the final passage of S. F. No. 188." The motion prevailed.


JOURNAL OF THE HOUSE - 39th Day - Top of Page 1906

Bradley moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 6, 1995, when the vote was taken on the final passage of S. F. No. 188." The motion prevailed.

Daggett moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 6, 1995, when the vote was taken on the final passage of S. F. No. 188." The motion prevailed.

Bradley moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, April 11, 1995, when the vote was taken on the final passage of S. F. No. 521." The motion prevailed.

Solberg moved that H. F. No. 210, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.

Solberg moved that H. F. No. 575, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.

Solberg moved that H. F. No. 1479, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.

Pawlenty moved that H. F. No. 665 be returned to its author. The motion prevailed.

Holsten moved that H. F. No. 1564 be returned to its author. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the following committee assignments:

Environment and Natural Resources: Add the name of Warkentin.

Capital Investment: Add the name of Warkentin.

International Trade and Economic Development: Add the name of Warkentin.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 1:00 p.m., Thursday, April 13, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 1:00 p.m., Thursday, April 13, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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