Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8025

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

EIGHTY-SEVENTH DAY

Saint Paul, Minnesota, Monday, March 9, 1998

 

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

Prayer was offered by the Reverend James Erlandson, Lutheran Church of the Redeemer, St. Paul, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

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

A quorum was present.

Luther and Tomassoni were excused.

Farrell was excused until 10:15 a.m. Abrams and Pugh were excused until 10:30 a.m. Pawlenty was excused until 10:55 a.m. Kahn was excused until 3:20 p.m.

The Chief Clerk proceeded to read the Journals of the preceding days. Osskopp moved that further reading of the Journals be suspended and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8026

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 4, 1998

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 2828, relating to health; modifying the authority of the commissioner to approve public water supplies; providing for administrative fines against large public water suppliers.

H. F. No. 2590, relating to landlords and tenants; correcting a reference relating to certain civil penalties; providing for interest rates on security deposits.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1998 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8027

to the State Constitution, Article IV, Section 23:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
282826110:06 a.m. March 4March 4
203126210:10 a.m. March 4March 4
202826310:12 a.m. March 4March 4
237926410:15 a.m. March 4March 4
262126510:18 a.m. March 4March 4

Sincerely,

Joan Anderson Growe
Secretary of State

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1998 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
259026610:08 a.m. March 4March 4
217026710:55 a.m. March 5March 5
252526810:57 a.m. March 5March 5
268526911:00 a.m. March 5March 5
231527011:02 a.m. March 5March 5

Sincerely,

Joan Anderson Growe
Secretary of State


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8028

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Munger; Anderson, I., and Sekhon introduced:

H. F. No. 3835, A bill for an act relating to game and fish; prohibiting taking fish with underwater video cameras; amending Minnesota Statutes 1996, section 97C.325.

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

Erickson, Rifenberg, Molnau and Kielkucki introduced:

H. F. No. 3836, A bill for an act relating to health; modifying provisions for reporting abortion data; providing criminal penalties; amending Minnesota Statutes 1996, section 145.411, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 145.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Erickson introduced:

H. F. No. 3837, A bill for an act relating to the housing finance agency; extending the availability of equity take-out loans; amending procedures for the allocation of low-income housing tax credits; permitting allocation of the housing pool to senior rental housing if it is federally assisted; requiring an impact statement and a hearing before an owner terminates participation in a federally assisted rental housing program; permitting a local government to require relocation assistance for certain tenants; appropriating money; amending Minnesota Statutes 1996, sections 462A.222, subdivision 3; and 474A.061, subdivision 2a; Minnesota Statutes 1997 Supplement, section 462A.05, subdivision 39; proposing coding for new law in Minnesota Statutes, chapter 471.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Erickson, Rifenberg, Molnau and Kielkucki introduced:

H. F. No. 3838, A bill for an act relating to lawful gambling; reducing rates of taxation; amending Minnesota Statutes 1996, section 297E.02, subdivisions 1, 4, and 6.

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

Skoglund and Rhodes introduced:

H. F. No. 3839, A bill for an act relating to legislative enactments; correcting miscellaneous noncontroversial oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 1996, section 115C.08, subdivision 3.

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


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Long, for the Committee on Taxes, introduced:

H. F. No. 3840, A bill for an act relating to the financing and operation of government in this state; providing property tax rebates; providing property tax reform; making changes to property tax rates, levies, notices, hearings, assessments, exemptions, aids, and credits; providing bonding and levy authority, and other powers to certain political subdivisions; making changes to income, sales, excise, mortgage registry and deed, premiums, and solid waste tax provisions; authorizing the imposition of certain local sales, use, excise, and lodging taxes; modifying provisions relating to the budget reserve and other accounts; making changes to tax increment financing, regional development, housing, and economic development provisions; providing for the taxation of taconite and the distribution of taconite taxes; modifying provisions relating to the taxation and operation of gaming; making miscellaneous changes to state and local tax and administrative provisions; providing for calculation of rent constituting property taxes; changing the senior citizens' property tax deferral program; changing certain fiscal note requirements; establishing a tax study commission; providing for a land transfer; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivisions 3, 4, and 5; 240.15, subdivision 1; 272.02, by adding a subdivision; 273.111, subdivision 9; 273.112, subdivision 7; 273.13, by adding subdivisions; 273.135, subdivision 2; 273.1391, subdivision 2; 273.1398, subdivision 2; 275.07, by adding a subdivision; 289A.08, subdivision 13;

290.06, subdivision 2c; 290.067, subdivisions 2 and 2a; 290.091, subdivision 2; 290.0921, subdivision 3a; 290.10; 290.21, subdivision 3; 290A.03, subdivision 3; 297A.01, subdivision 8; 297A.02, subdivisions 2 and 4; 297A.135, subdivision 4; 297A.25, by adding subdivisions; 297E.02, subdivisions 1, 4, and 6; 298.225, subdivision 1; 298.28, subdivisions 4, 6, 9, 10, and 11; 360.653; 462.396, subdivision 2; 469.091, subdivision 1; 469.101, subdivision 1; 469.169, by adding a subdivision; 469.174, by adding a subdivision; 469.175, subdivisions 5, 6, 6a, and by adding a subdivision; 469.176, subdivision 7; 469.177, by adding a subdivision; 469.1771, subdivision 5, and by adding a subdivision; 473.3915, subdivisions 2 and 3; 475.58, subdivision 1; 477A.0122, subdivision 6; 477A.03, subdivision 2; 477A.14; Minnesota Statutes 1997 Supplement, sections 3.986, subdivisions 2 and 4; 3.987, subdivisions 1 and 2; 3.988, subdivision 3; 3.989, subdivisions 1 and 2; 16A.152, subdivision 2; 16A.1521; 124.239, subdivisions 5a and 5b; 124.918, subdivision 8; 124.961; 270.67, subdivision 2; 272.02, subdivision 1; 272.115, subdivisions 4 and 5; 273.124, subdivision 14; 273.127, subdivision 3; 273.13, subdivisions 22, 23, 24, 25, as amended, and 31; 273.1382, subdivisions 1 and 3; 275.065, subdivisions 3 and 6; 275.70, subdivision 5, and by adding a subdivision; 275.71, subdivisions 2, 3, and 4; 287.08; 289A.02, subdivision 7; 289A.11, subdivision 1; 289A.19, subdivision 2; 290.01, subdivisions 19, 19a, 19b, 19c, 19f, and 31; 290.0671, subdivision 1; 290.0673, subdivision 2; 290.091, subdivision 6; 290.371, subdivision 2; 290A.03, subdivisions 11, 13, and 15; 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, and by adding subdivisions; 290B.05, subdivisions 1, 2, and 4; 290B.06; 290B.07; 290B.08, subdivision 2; 290B.09, subdivision 1; 291.005, subdivision 1; 297A.01, subdivisions 4 and 16; 297A.14, subdivision 4; 297A.25, subdivisions 3, 9, and 11; 297A.256, subdivision 1; 297A.48, by adding a subdivision; 297B.03; 297G.01, by adding a subdivision; 297G.03, subdivision 1; 297H.04, by adding a subdivision; 462A.071, subdivisions 2, 4, and 8; and 477A.011, subdivision 36; Laws 1971, chapter 773, sections 1, as amended, and 2, as amended; Laws 1984, chapter 380, sections 1, as amended, and 2; Laws 1992, chapter 511, articles 2, section 52, as amended; and 8, section 33, subdivision 5; Laws 1994, chapter 587, article 11, by adding a section; Laws 1995, chapter 255, article 3, section 2, subdivisions 1, as amended, and 4, as amended; Laws 1997, chapter 231, articles 1, section 16, as amended; 2, sections 63, subdivision 1, and 68, subdivision 3; 5, section 20; 7, section 47; and 13, section 19; and Laws 1997, Second Special Session chapter 2, section 33; proposing coding for new law in Minnesota Statutes, chapters 16A; 273; 290; and 365A; repealing Minnesota Statutes 1996, sections 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; 124A.73; 289A.50, subdivision 6; and 365A.09; Minnesota Statutes 1997 Supplement, sections 3.987, subdivision 3; 14.431; 124A.711, subdivision 2; and 273.13, subdivision 32; Laws 1992, chapter 499, article 7, section 31.

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

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 Files, herewith returned:

H. F. No. 2616, A bill for an act relating to Dakota county; providing for city administration of the dangerous dog registration system.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8030

H. F. No. 3071, A bill for an act relating to motor fuels; updating petroleum specifications; amending Minnesota Statutes 1996, sections 239.761; and 239.792.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 3040, A bill for an act relating to human services; modifying requirements for documentation of long-term care facility payrolls; amending Minnesota Statutes 1996, section 256B.432, subdivision 8.

H. F. No. 2642, A bill for an act relating to reemployment insurance; exempting certain overpaid benefits from the standard collection procedure; amending Laws 1997, chapter 202, article 1, section 17, subdivision 8.

H. F. No. 2809, A bill for an act relating to cities and towns; requiring copies of audited financial statements to be provided to members of the city council and the mayor, or to the town board members, and presented at a regularly scheduled meeting of the city or town's governing body; amending Minnesota Statutes 1996, section 471.697, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. No. 3345, A bill for an act relating to criminal justice; appropriating money for the judicial branch, public safety, corrections, criminal justice, crime prevention programs, and related purposes; modifying various fees, assessments, and surcharges; implementing, clarifying, and modifying certain criminal and juvenile provisions; prescribing, clarifying, and modifying certain penalty provisions; establishing, clarifying, expanding, and making permanent various pilot programs, grant programs, task forces, working groups, reports, and studies; providing for the collection, maintenance, and reporting of certain data; expanding, clarifying, and modifying the powers of the commissioner of corrections; making various changes to the 1997 omnibus criminal justice funding bill; providing for the coordination of services for disasters; clarifying and modifying certain laws involving public defenders; appropriating public defender reimbursements to the board of public defense; requesting the supreme court to amend the Rules of Criminal Procedure; accelerating the repeal of the automobile theft prevention program; limiting the entities that must have an affirmative action plan approved by the commissioner of human rights; conveying state land to the city of Faribault; amending Minnesota Statutes 1996, sections 3.739, subdivision 1; 12.09, by adding a subdivision; 13.99, by adding a subdivision; 168.042, subdivisions 12 and 15; 169.121, subdivision 5a; 171.16, subdivision 3; 241.01, subdivision 7, and by adding a subdivision; 242.32, subdivision 1; 244.05, subdivision 7; 299C.06; 299C.09; 299F.04, by adding a subdivision; 357.021, by adding subdivisions; 488A.03, subdivision 11; 588.01, subdivision 3; 609.3241; 611.14; 611.20, subdivision 3; 611.26, subdivisions 2 and 3; and 611.27, subdivisions 1 and 7; Minnesota Statutes 1997 Supplement, sections 97A.065, subdivision 2; 168.042, subdivision 11a; 171.29, subdivision 2; 241.277, subdivisions 6, 9, and by adding a subdivision; 357.021, subdivision 2; 363.073, subdivision 1; 401.13; 609.101, subdivision 5; 609.113, subdivision 3; and 611.25, subdivision 3; amending Laws 1996, chapter 408, article 2, section 16; and Laws 1997, chapter 239, article 1, sections 7 and 12; proposing coding for new law in Minnesota Statutes, chapters 169; 241; 299C; 609; and 611A; repealing Minnesota Statutes 1996, sections 609.101, subdivision 1; 609.563, subdivision 2; 611.216, subdivision 1a; 611.26, subdivision 9; 611.27, subdivision 2; and 626.861; Minnesota Statutes 1997 Supplement, section 611.27, subdivision 4.

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

Messrs. Kelly, R. C., and Spear; Ms. Ranum; Messrs. Neuville and Knutson.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8031

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

Patrick E. Flahaven, Secretary of the Senate

Murphy moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3345. The motion prevailed.

Mr. Speaker:

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

S. F. No. 3354, A bill for an act relating to the organization and operation of state government; appropriating money for the general administrative expenses of state government; modifying provisions relating to state government operations; modifying budget preparation provisions; providing for reimbursement of the health care access fund; amending Minnesota Statutes 1996, sections 3.3005, by adding a subdivision; 16A.055, subdivision 6; 16A.10, as amended; 16A.11, subdivision 3, and by adding a subdivision; 16A.501; 16A.72; 16B.04, subdivision 4; 16B.30; 17.03, subdivision 11; 43A.04, subdivision 1a; 43A.317, subdivision 8; 45.012; 84.027, subdivision 14; 116.03, subdivision 2a; 116J.011; 144.05, subdivision 2; 174.02, subdivision 1a; 175.001, subdivision 6; 190.09, subdivision 2; 196.05, subdivision 2; 216A.07, subdivision 6; 268.0122, subdivision 6; 270.02, subdivision 3a; 299A.01, subdivision 1a; 352D.12; 363.05, subdivision 3; and 469.177, subdivision 11; Minnesota Statutes 1997 Supplement, sections 16A.11, subdivision 1; 120.0111; 241.01, subdivision 3b; and 245.03, subdivision 2; Laws 1994, chapter 632, article 3, section 12, as amended; Laws 1997 chapter 202, article 1, section 11; and Laws 1997, Second Special Session chapter 2, section 8; proposing coding for new law in Minnesota Statutes, chapters 16B; 214; and 325G; repealing Minnesota Statutes 1996, sections 3.971, subdivision 3; 15.90; 15.91; and 15.92; Minnesota Statutes 1997 Supplement, sections 16A.11, subdivision 3c; and 241.015.

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

Messrs. Price; Metzen; Frederickson; Betzold and Mrs. Fischbach.

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

Patrick E. Flahaven, Secretary of the Senate

Rukavina moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3354. The motion prevailed.

Mr. Speaker:

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

S. F. No. 3367, A bill for an act relating to economic development; appropriating money for housing, economic development, and related purposes; establishing pilot projects; providing for a municipal reimbursement; modifying certain loan criteria; requiring studies; establishing a revolving loan fund; requiring the commissioner of labor and industry to provide a brochure; regulating housing; uniform acts; unclaimed property; enacting the Uniform Unclaimed Property Act of 1995; making conforming changes; providing for the Minnesota family assets for independence initiative; amending


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8032

Minnesota Statutes 1996, sections 16A.45, subdivisions 1 and 4; 80C.03; 116J.415, subdivision 5; 198.231; 276.19, subdivision 4; 308A.711, subdivisions 1 and 2; 356.65, subdivision 2; 462A.222, subdivision 3; 474A.061, subdivision 2a; and 624.68; Minnesota Statutes 1997 Supplement, sections 16A.6701, subdivision 1; 116J.421, subdivision 1, and by adding a subdivision; and 462A.05, subdivision 39; proposing coding for new law in Minnesota Statutes, chapters 116J; 181; 345; and 471; proposing coding for new law as Minnesota Statutes, chapter 119C; repealing Minnesota Statutes 1996, sections 345.31; 345.32; 345.33; 345.34; 345.35; 345.36; 345.37; 345.38; 345.381; 345.39; 345.40; 345.41; 345.42; 345.43; 345.44; 345.45; 345.46; 345.47; 345.485; 345.49; 345.50; 345.51; 345.515; 345.52; 345.525; 345.53; 345.54; 345.55; 345.56; 345.57; 345.58; 345.59; and 345.60; Minnesota Statutes 1997 Supplement, section 345.48.

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

Messrs. Beckman, Novak and Johnson, D. H.; Ms. Anderson and Mr. Oliver.

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

Patrick E. Flahaven, Secretary of the Senate

Trimble moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3367. The motion prevailed.

Mr. Speaker:

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

S. F. No. 3353, A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; providing for regulation of certain activities and practices; amending Minnesota Statutes 1996, sections 3.737, subdivisions 1, 4, and by adding a subdivision; 41A.09, subdivision 1a; 84.83, subdivision 3; 84.871; 84.943, subdivision 3; 86B.415, by adding a subdivision; 97A.037, subdivision 1; 97A.245; 103C.315, subdivision 4; 103F.155, subdivision 2; 103F.161, subdivision 2; 103G.271, subdivision 6; 115B.175, subdivision 3; and 116.07, subdivision 4h; 116.49, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 17.101, subdivision 5; 41A.09, subdivision 3a; 84.8205; 84.86, subdivision 1; and 97A.485, subdivision 6; repealing Minnesota Statutes 1997 Supplement, section 85.015, subdivision 1c; Laws 1991, chapter 275, section 3.

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

Messrs. Morse, Sams and Lessard; Mrs. Lourey and Mr. Dille.

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

Patrick E. Flahaven, Secretary of the Senate

Osthoff moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3353. The motion prevailed.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8033

Mr. Speaker:

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

H. F. No. 2874, A bill for an act relating to education; kindergarten through grade 12; providing for general education; special education; interagency services and lifelong learning; facilities and organization; policies promoting academic excellence; education policy issues; libraries; state agencies; appropriating money; amending Minnesota Statutes 1996, sections 43A.17, subdivisions 9 and 10; 120.03, subdivision 1; 120.06, subdivision 2a; 120.064, subdivisions 5 and 11; 120.101, subdivisions 3 and 6; 120.17, subdivisions 1, 2, 3, 3a, 3b, 6, 7, 9, and 15; 120.1701, subdivisions 2, 5, 11, and 17; 120.173, subdivisions 1 and 6; 120.73, subdivision 1; 121.1115, by adding subdivisions; 121.908, subdivisions 2 and 3; 122.23, subdivision 6; 123.35, subdivision 19a; 123.39, subdivision 1, and by adding a subdivision; 123.935, subdivisions 1 and 2; 124.078; 124.14, subdivision 7, and by adding a subdivision; 124.17, subdivision 2, and by adding a subdivision; 124.248, subdivisions 1 and 1a; 124.2713, subdivision 6a; 124.273, by adding a subdivision; 124.32, by adding a subdivision; 124.323, by adding a subdivision; 124.646, subdivision 4; 124.755, subdivision 1; 124.95, subdivision 6; 124A.03, subdivisions 2b and 3c; 124A.034, subdivision 2; 124A.036, subdivisions 1a, 4, 6, and by adding a subdivision; 124A.22, by adding a subdivision; 124A.292, subdivision 3; 124A.30; 124C.45, subdivision 2; 124C.47; 124C.48, by adding a subdivision; 125.191; 126.12, subdivision 1; 126.237; 127.27, subdivisions 2 and 4; 256B.0625, subdivision 26; 260.015, subdivision 19; 260.132, subdivision 4; and 471.895, subdivision 1; Minnesota Statutes 1997 Supplement, sections 120.101, subdivision 5; 120.1701, subdivision 3; 120.181; 121.11, subdivision 7c; 121.1113, subdivision 1; 121.904, subdivision 4a; 124.17, subdivisions 1d, 6, and 7; 124.248, subdivisions 2a and 6; 124.2601, subdivisions 3 and 6; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.3111, subdivisions 2 and 3; 124.3201, subdivisions 1, 2, and 4; 124.6475; 124.648, subdivision 3; 124.91, subdivisions 1 and 5; 124.916, subdivision 2; 124A.036, subdivision 5; 124A.22, subdivisions 1 and 11; 124A.23, subdivision 1; 124A.28, subdivisions 1 and 1a; 124C.46, subdivisions 1 and 2; 126.79, subdivisions 3, 6, 7, 8, and 9; 127.27, subdivisions 10 and 11; 127.281; 127.31, subdivision 15; 127.32; 127.36, subdivision 1; and 127.38; Laws 1992, chapter 499, article 7, section 31; Laws 1997, First Special Session chapter 4, article 1, section 58; article 1, section 61, subdivision 3; article 2, section 51, subdivisions 2, 4, 5, and 29; article 3, section 23, by adding a subdivision; article 3, section 25, subdivisions 2 and 4; article 4, section 35, subdivision 9; article 5, section 24, subdivision 4; article 5, section 28, subdivisions 4, 9, and 12; article 6, section 20, subdivision 4; article 8, section 4, subdivision 3; article 9, section 11; article 9, section 12, subdivision 8; article 10, section 3, subdivision 2; article 10, section 4; and article 10, section 5; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 124; 124A; and 126; repealing Minnesota Statutes 1996, sections 124.2713, subdivision 6b; 124.647; 124A.292, subdivisions 2 and 4; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; and 124A.73; Minnesota Statutes 1997 Supplement, sections 124.2601, subdivisions 4 and 5; 124.912, subdivisions 2 and 3; 124A.711, subdivision 2; and 135A.081; Laws 1993, chapter 146, article 5, section 20, as amended; Laws 1997, chapter 231, article 1, section 17; Minnesota Rules, part 3525.2750, subpart 1, item B.

Patrick E. Flahaven, Secretary of the Senate

Kelso moved that the House refuse to concur in the Senate amendments to H. F. No. 2874, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 2945, 2498, 2489, 2068, 2861, 2269, 2879, 2595 and 2207.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8034

Mr. Speaker:

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

S. F. Nos. 3036, 2869, 2758, 2493, 2730, 1258, 2447 1378 and 2317.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 2445, 2097, 2378, 1654, 2274, 2372, 2256, 1814 and 3016.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 2587, 2420, 3032, 2581, 2316, 2334, 3090, 2725, 2346, 2416 and 2751.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2945, A bill for an act relating to the military; entering into the interstate emergency management assistance compact; proposing coding for new law in Minnesota Statutes, chapter 192.

The bill was read for the first time.

Wenzel moved that S. F. No. 2945 and H. F. No. 3442, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2498, A bill for an act relating to corrections; registration of sexual offenders; requiring certain offenders moving into Minnesota to register within five days; authorizing adult and juvenile offender registration information to be maintained together; expanding prosecutorial jurisdiction; amending Minnesota Statutes 1996, section 243.166, subdivisions 1 and 5; Minnesota Statutes 1997 Supplement, section 244.166, subdivision 4.

The bill was read for the first time.

Bishop moved that S. F. No. 2498 and H. F. No. 2734, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2489, A bill for an act relating to commerce; regulating residential mortgage loans; establishing table funding requirements; proposing coding for new law in Minnesota Statutes, chapter 82.

The bill was read for the first time.

Entenza moved that S. F. No. 2489 and H. F. No. 2757, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8035

S. F. No. 2068, A bill for an act relating to commerce; providing for the reliability of electronic messages; providing for certification authorities; providing licensing and enforcement powers; defining terms; providing rulemaking; amending Minnesota Statutes 1997 Supplement, sections 325K.01, subdivisions 6, 11, 18, 21, 27, 35, 39, and by adding a subdivision; 325K.03; 325K.05, subdivisions 1, 4, 5, 6, and 7; 325K.07, subdivisions 2 and 3; 325K.10, subdivision 1; 325K.12, subdivision 4; 325K.13, by adding a subdivision; 325K.14, subdivisions 1, 2, 3, 5, and by adding a subdivision; 325K.15, subdivisions 3 and 7; 325K.18, subdivisions 1 and 2; and 325K.25, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325K; repealing Minnesota Statutes 1997 Supplement, sections 325K.05, subdivision 3; 325K.06, subdivisions 3, 4, and 5; 325K.13, subdivisions 2 and 3; and 325K.14, subdivision 7.

The bill was read for the first time.

Kahn moved that S. F. No. 2068 and H. F. No. 2706, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2861, A bill for an act relating to health; providing for the use of automatic external defibrillators; providing immunity from civil liability; amending Minnesota Statutes 1996, section 604A.01, subdivision 2.

The bill was read for the first time.

Evans moved that S. F. No. 2861 and H. F. No. 3138 now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2269, A bill for an act relating to water; clarifying provisions relating to hearings of the board of water and soil resources; increasing the level of exempted bids for watershed districts; modifying the public review period for wetland replacement plans; providing for notice of local wetland plan development to the commissioner of agriculture; requiring approval of certain wetland replacements; requiring a report on wetland law consolidation; amending Minnesota Statutes 1996, sections 103B.231, subdivision 9; 103D.105; 103D.641; and 103G.2242, subdivision 8; Minnesota Statutes 1997 Supplement, section 103G.2243, subdivision 1.

The bill was read for the first time.

Munger moved that S. F. No. 2269 and H. F. No. 2686, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2879, A bill for an act relating to agriculture; regulating security interests in agricultural crops; modifying the treatment of certain collateral; amending Minnesota Statutes 1996, sections 336.9-203; 336.9-401; and 336.9-402.

The bill was read for the first time.

Wenzel moved that S. F. No. 2879 and H. F. No. 3194, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2595, A bill for an act relating to crime prevention; creating a felony penalty for criminal contempts involving failure to obey certain subpoenas and for certain offenders who fail to appear for criminal proceedings; amending Minnesota Statutes 1996, sections 588.20; and 609.49, subdivision 1.

The bill was read for the first time.

Biernat moved that S. F. No. 2595 and H. F. No. 3051, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8036

S. F. No. 2207, A bill for an act relating to health; exempting certain prescriptions from bearing a federal drug enforcement administration registration number; restricting the use and the release of the federal drug enforcement administration registration number; amending Minnesota Statutes 1996, section 152.11, by adding subdivisions.

The bill was read for the first time.

Huntley moved that S. F. No. 2207 and H. F. No. 2401, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3036, A bill for an act relating to limited partnerships; regulating withdrawals by limited partners; changing state law to provide favorable federal estate tax valuation treatment in certain circumstances; amending Minnesota Statutes 1996, section 322A.47.

The bill was read for the first time.

Macklin moved that S. F. No. 3036 and H. F. No. 2507, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2869, A bill for an act relating to judicial procedures; modifying the required contents of petitions seeking judicial expungement orders; amending Minnesota Statutes 1996, section 609A.03, subdivision 2.

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

S. F. No. 2758, A bill for an act relating to government data practices; juvenile court records; allowing victims to attend related delinquency proceedings; authorizing access to certain juvenile records; providing for the state court administrator to prepare annual reports of delinquency dispositions; amending Minnesota Statutes 1996, section 260.155, subdivision 1; Minnesota Statutes 1997 Supplement, section 260.161, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 260.

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

S. F. No. 2493, A bill for an act relating to civil actions; limiting liability of financial institutions providing data for the criminal alert network; amending Minnesota Statutes 1996, section 299A.61, by adding a subdivision.

The bill was read for the first time.

McGuire moved that S. F. No. 2493 and H. F. No. 3389, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2730, A bill for an act relating to state government; department of administration; making technical corrections relating to information systems and technology, data practices, and certain appropriations oversight; authorizing the commissioner to apply for and receive grants; designating the department as the responsible agency for certain federal programs; changing the name of the Minnesota telecommunications network; clarifying department of administration authority over building operations and maintenance; extending the expiration date of the governor's residence council; changing certain terminology, providing for disposition of certain revenue, and clarifying certain referenda authority with respect to the state building code; amending Minnesota Statutes 1996, sections 16B.04, subdivision 2, and by adding a subdivision; 16B.24, subdivision 1; 16B.27, subdivision 3; 16B.58, subdivision 1; 16B.65, subdivisions 1 and 6; and 124C.74, subdivisions 2 and 3; Minnesota Statutes 1997 Supplement, sections 15.059, subdivision 5a; 16B.415;


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8037

16B.465; 16B.72; 16E.01, subdivision 3; 16E.03, subdivision 1; 16E.13, subdivision 3; and 221.173; Laws 1995, First Special Session chapter 3, article 12, section 7, subdivision 1, as amended; and Laws 1997, chapter 202, article 1, section 12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16B.

The bill was read for the first time.

Hilty moved that S. F. No. 2730 and H. F. No. 2947, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1258, A bill for an act relating to insurance; regulating residual liability insurance on nonowned vehicles; amending Minnesota Statutes 1996, section 65B.49, subdivisions 3 and 5a.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

S. F. No. 2447, A bill for an act relating to health professions; modifying provisions relating to speech-language pathologists, unlicensed mental health practitioners, alcohol and drug counselors, physical therapists, and hearing instrument dispensers; authorizing exempt rulemaking; amending Minnesota Statutes 1996, sections 144.335, subdivision 1; 148.515, subdivision 3; 148.518, subdivision 2; 148.5191, subdivisions 1, 3, and 4; 148.5194; 148.5195, subdivision 3; 148.76, subdivision 2; 148B.69, by adding a subdivision; 148C.04, subdivision 3; 148C.05, subdivision 2; 148C.06; 153A.13, subdivision 5; 153A.14, subdivisions 2a, 2b, 2d, 2f, 2h, 9, and 10; 153A.15, subdivision 1, and by adding a subdivision; and 153A.20, subdivision 3; Minnesota Statutes 1997 Supplement, sections 148C.03, subdivision 1; and 148C.11, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1996, section 153A.14, subdivision 7.

The bill was read for the first time.

Wejcman moved that S. F. No. 2447 and H. F. No. 2786, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1378, A bill for an act relating to government data practices; modifying the Data Practices Act; providing for data privacy for certain audit information; classifying certain law enforcement data; providing for the classification of and access to government data; providing that certain documents may be classified as nonpublic data until negotiations with vendors and best and final offers are received; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 13.794, subdivision 1; 13.82, by adding subdivisions; 13.85, subdivision 2; 13.99, by adding subdivisions; 171.12, subdivision 1; 270B.02, subdivision 3; 270B.03, subdivision 6; 270B.12, subdivision 6; and 629.341, subdivision 4; Minnesota Statutes 1997 Supplement, sections 13.46, subdivision 2; 260.161, subdivision 1; 268.19; 270B.01, subdivision 8; 299C.095, subdivision 2; and 471A.03, subdivision 3; repealing Minnesota Statutes 1996, section 270.10, subdivision 3.

The bill was read for the first time.

McGuire moved that S. F. No. 1378 and H. F. No. 1626, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2317, A bill for an act relating to law enforcement; clarifying responsibility for compensating innocent third parties whose property is damaged by law enforcement officers for a public use; proposing coding for new law in Minnesota Statutes, chapter 626.

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8038

S. F. No. 2445, A bill for an act relating to public safety; regulating excavation notice system; authorizing commissioner of public safety to appoint pipeline safety committee; increasing civil penalty; amending Minnesota Statutes 1996, sections 216D.04, subdivisions 1, 3, and by adding a subdivision; 216D.05; and 216D.08, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 299J; repealing Minnesota Statutes 1996, section 299J.06.

The bill was read for the first time.

Ozment moved that S. F. No. 2445 and H. F. No. 3324, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2097, A bill for an act relating to crime; including witness tampering within the list of crimes for which a mandatory minimum sentence applies under Minnesota Statutes, section 609.11; increasing the penalties for crimes committed for the benefit of a gang; requiring a mandatory minimum sentence for certain crimes committed for the benefit of a gang; amending Minnesota Statutes 1996, section 609.229, subdivision 3, and by adding a subdivision; Minnesota Statutes 1997 Supplement, section 609.11, subdivision 9.

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

S. F. No. 2378, A bill for an act relating to business organizations; defining the terms "professional" and "professional services" as they relate to professional corporations and professional firms; regulating professional health services; amending Minnesota Statutes 1996, section 319A.02, subdivisions 2, 3, and by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 319A.02, subdivision 2a; 319B.02, subdivisions 17, 19, and by adding a subdivision; and 319B.40.

The bill was read for the first time.

Rest moved that S. F. No. 2378 and H. F. No. 2641, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1654, A bill for an act relating to real property; providing for fee changes for filing and recording certain documents; amending Minnesota Statutes 1996, sections 357.18, subdivisions 1, 2, and 3; 505.08, subdivision 2; 508.82, subdivision 1; and 508A.82, subdivision 1; Minnesota Statutes 1997 Supplement, section 515B.1-116.

The bill was read for the first time.

Murphy moved that S. F. No. 1654 and H. F. No. 1882, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2274, A bill for an act relating to liquor; regulating beer brewers and wholesalers; providing for the obligations of successors; allowing the commissioner of public safety to issue on-sale licenses to Giants Ridge and Ironworld Discovery Center; modifying restrictions for temporary on-sale licenses; authorizing issuance of temporary on-sale licenses to state universities; regulating malt liquor sampling; authorizing certain cities to issue additional on-sale licenses; amending Minnesota Statutes 1996, sections 325B.01; 325B.14; 340A.404, subdivision 10, and by adding a subdivision; 340A.410, subdivision 10; 340A.412, subdivision 4; and 340A.510, subdivision 2; Laws 1994, chapter 611, section 32, as amended.

The bill was read for the first time.

Tunheim moved that S. F. No. 2274 and H. F. No. 2695, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8039

S. F. No. 2372, A bill for an act relating to health; requiring hepatitis B immunization for children; amending Minnesota Statutes 1996, section 123.70, subdivisions 1, 2, and 4; Minnesota Statutes 1997 Supplement, section 123.70, subdivision 10.

The bill was read for the first time.

Slawik moved that S. F. No. 2372 and H. F. No. 2681, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2256, A bill for an act relating to elections; eliminating certain provisions that have been ruled unconstitutional; amending Minnesota Statutes 1996, sections 211B.04; 211B.06, subdivision 1; 253B.23, subdivision 2; and 609.165, by adding a subdivision; Minnesota Statutes 1997 Supplement, section 201.15, subdivision 1.

The bill was read for the first time.

Greiling moved that S. F. No. 2256 and H. F. No. 2486, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1814, A bill for an act relating to professions; modifying provisions relating to the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design; amending Minnesota Statutes 1996, sections 326.04; 326.05; 326.07; 326.09; 326.10, subdivisions 2 and 7; 326.13; and 599.14; repealing Minnesota Statutes 1996, section 326.08.

The bill was read for the first time.

Sekhon moved that S. F. No. 1814 and H. F. No. 1116, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3016, A bill for an act relating to the environment; authorizing acceptance of dump materials at certain qualified landfills; amending Minnesota Statutes 1997 Supplement, section 115B.39, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 115B.

The bill was read for the first time.

Bakk moved that S. F. No. 3016 and H. F. No. 3524, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2587, A bill for an act relating to crime; expanding the enhancement penalties for crimes committed for the benefit of a gang to include crimes that are motivated by involvement with a gang; amending Minnesota Statutes 1996, section 609.229, subdivision 2.

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

S. F. No. 2420, A bill for an act relating to public safety; directing the commissioner of public safety to study the use of blue lights on emergency vehicles and road maintenance vehicles.

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


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S. F. No. 3032, A bill for an act relating to insurance; regulating investments of certain insurers; amending Minnesota Statutes 1996, sections 61A.14, subdivision 4; and 61A.276, subdivision 4; proposing coding for new law as Minnesota Statutes, chapter 60L.

The bill was read for the first time.

Rest moved that S. F. No. 3032 and H. F. No. 3355, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2581, A bill for an act relating to local government; permitting the appointment of the Olmsted county auditor/treasurer.

The bill was read for the first time.

Bishop moved that S. F. No. 2581 and H. F. No. 2508, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2316, A bill for an act relating to transportation; continuing the uniform program for registration and permitting of intrastate carriers of hazardous materials; eliminating requirement of criminal background check; imposing a fee; amending Minnesota Statutes 1996, section 221.0355, subdivision 4; Minnesota Statutes 1997 Supplement, section 221.0355, subdivision 5; Laws 1994, chapter 589, section 8, as amended; repealing Minnesota Statutes 1996, sections 221.0335 and 221.035; Minnesota Statutes 1997 Supplement, section 221.0355, subdivision 15; Laws 1997, chapter 230, section 24; Minnesota Rules, parts 8870.0100; 8870.0200; 8870.0300; 8870.0400; 8870.0500; 8870.0600; 8870.0700; 8870.0800; 8870.0900; 8870.1000; and 8870.1100.

The bill was read for the first time.

Juhnke moved that S. F. No. 2316 and H. F. No. 2665, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2334, A bill for an act relating to recreational vehicles; requiring snowmobiles registered in another jurisdiction that use a state or grant-in-aid trail to have a state trail sticker; authorizing agents and subagents for the sale of state trail stickers; imposing procedures for sale of the stickers; amending Minnesota Statutes 1997 Supplement, section 84.8205.

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

S. F. No. 3090, A bill for an act relating to local government; providing for petitions for the dissolution of town subordinate service districts; proposing coding for new law in Minnesota Statutes, chapter 365A; repealing Minnesota Statutes 1996, section 365A.09.

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

S. F. No. 2725, A bill for an act relating to real estate; authorizing additional methods for recorder and registrar functions; amending Minnesota Statutes 1996, sections 386.40; 386.41; 508.32; 508.38; and 508A.38; proposing coding for new law in Minnesota Statutes, chapters 386; 508; and 508A.

The bill was read for the first time.

Kahn moved that S. F. No. 2725 and H. F. No. 3254, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


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S. F. No. 2346, A bill for an act relating to local government; adding a position to a list for certain purposes; establishing and providing the powers and duties of the midtown planning and coordination board; removing an age ceiling for new firefighters in Minneapolis; amending Laws 1969, chapter 937, section 1, subdivision 9a, as amended; repealing Laws 1959, chapter 213.

The bill was read for the first time.

Wejcman moved that S. F. No. 2346 and H. F. No. 2357, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2416, A bill for an act relating to state finance; modifying the debt collections act; amending Minnesota Statutes 1996, sections 16A.72; 16D.02, subdivision 3; 16D.04, subdivisions 1 and 4; 16D.06, subdivision 2; 16D.08, subdivision 2; 16D.11, as amended; 16D.14, subdivisions 2, 3, and 5; 16D.16, subdivisions 1 and 2; and 357.022; Minnesota Statutes 1997 Supplement, sections 270.063, subdivision 1; and 357.021, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 16D.

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

S. F. No. 2751, A bill for an act relating to employment; requiring an accommodation to certain nursing mothers; providing that breast-feeding is excepted from the crime of indecent exposure; amending Minnesota Statutes 1996, section 617.23; proposing coding for new law in Minnesota Statutes, chapter 181.

The bill was read for the first time.

Greiling moved that S. F. No. 2751 and H. F. No. 3459, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

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

S. F. Nos. 2351, 2457, 2047 and 1151; H. F. No. 3081; S. F. Nos. 2402 and 2163; H. F. No. 2722; S. F. Nos. 2729 and 2516; H. F. Nos. 3644 and 2980; and S. F. No. 2669.

SPECIAL ORDERS

S. F. No. 2351 was reported to the House.

Kalis moved to amend S. F. No. 2351 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 3140, the first engrossment:

"Section 1. Minnesota Statutes 1996, section 85.054, is amended by adding a subdivision to read:

Subd. 8. [ZIPPEL BAY STATE PARK.] A state park permit is not required and a fee may not be charged for motor vehicle entry or parking at the parking area located adjacent to county state aid highway No. 4 at Zippel Bay state park, Lake of the Woods county.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8042

Sec. 2. [ADDITIONS TO STATE PARKS.]

Subdivision 1. [85.012] [Subd. 14.] [CROW WING STATE PARK, CROW WING, CASS, AND MORRISON COUNTIES.] The following areas are added to Crow Wing state park, all in Section 25, Township 44 North, Range 32 West, Crow Wing county:

(1) the West Half of the Northeast Quarter; and

(2) that part of the Southeast Quarter lying north and west of the state highway 371 right-of-way, EXCEPT that part thereof described as follows: Commencing at a point 39 rods North of the southwest corner of the Southeast Quarter of Section 25; thence running East to the right-of-way of state highway 371; thence in a southwesterly direction along the highway right-of-way until it intersects the west line of the Southeast Quarter; thence North to the place of beginning.

Subd. 2. [85.012] [Subd. 23a.] [GLENDALOUGH STATE PARK, OTTER TAIL COUNTY.] The following areas are added to Glendalough state park, all in Township 133 North, Range 40 West, Otter Tail county:

(1) that part of Government Lot 7 of Section 24 lying westerly of the following described line: Commencing at the northeast corner of Government Lot 1 of Section 25; thence North 89 degrees 22 minutes 29 seconds West on an assumed bearing along the north line of said Section 25 a distance of 75.00 feet to the point of beginning; thence on a bearing of North 37 feet, more or less, to the shoreline of Molly Stark lake and there terminating; and

(2) that part of Government Lot 1 of Section 25 lying northerly of county state aid highway no. 16 and easterly of the following described line: Commencing at the northeast corner of said Government Lot 1; thence on an assumed bearing of South along the east line of said Government Lot 1 a distance of 822.46 feet; thence North 77 degrees 59 minutes 14 seconds West 414.39 feet to the point of beginning; thence North 04 degrees 28 minutes 54 seconds East 707 feet, more or less, to the shoreline of Molly Stark lake and there terminating.

Subd. 3. [85.012] [Subd. 32.] [KILEN WOODS STATE PARK, JACKSON COUNTY.] The following areas are added to Kilen Woods state park, all in Township 103 North, Range 35 West, Jackson county:

(1) the South Half of the Southeast Quarter of the Northwest Quarter, Section 16;

(2) the South Half of the Southwest Quarter of the Northwest Quarter, Section 16;

(3) the Northeast Quarter of the Southwest Quarter, Section 16;

(4) Lots 15 and 16 of State Subdivision, Section 16;

(5) the West Half of the Southeast Quarter, Section 6;

(6) the East Half of the Southwest Quarter, Section 6; and

(7) the Northwest Quarter of the Southwest Quarter, Section 6.

Subd. 4. [85.012] [Subd. 33.] [LAKE BEMIDJI STATE PARK, BELTRAMI COUNTY.] The following area is added to Lake Bemidji state park: That part of Government Lot 6, Section 19, Township 147 North, Range 32 West, Beltrami county, lying northerly and westerly of the northerly right-of-way of the abandoned Burlington Northern railroad.

Subd. 5. [85.012] [Subd. 43.] [MINNEOPA STATE PARK, BLUE EARTH COUNTY.] The following areas are added to Minneopa state park, all in Blue Earth county:

(1) Lots 1, 4, and 5 of Auditor's Subdivision of Government Lot 1, Section 34, Township 109 North, Range 28 West;

(2) Government Lots 5, 6, 7, and 8, Section 1, Township 108 North, Range 28 West;


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8043

(3) the Southwest Quarter of the Southeast Quarter, Section 1, Township 108 North, Range 28 West;

(4) the Southwest Quarter, EXCEPT that part of said Southwest Quarter lying southwesterly of the Dakota, Minnesota, and Eastern railroad right-of-way, Section 1, Township 108 North, Range 28 West;

(5) Government Lots 4, 6, and 7, Section 2, Township 108 North, Range 28 West;

(6) the West Half of Government Lot 5, Section 2, Township 108 North, Range 28 West;

(7) the Southwest Quarter of the Northwest Quarter, Section 2, Township 108 North, Range 28 West;

(8) the South Half, EXCEPT that part of said South Half lying southwesterly of the Dakota, Minnesota, and Eastern railroad right-of-way, Section 2, Township 108 North, Range 28 West;

(9) Government Lots 2 and 3, Section 3, Township 108 North, Range 28 West;

(10) the South Half of the Northeast Quarter, Section 3, Township 108 North, Range 28 West;

(11) that part of the East Half of the Northwest Quarter of Section 3 lying northerly of Minnesota trunk highway no. 68, EXCEPT for the following: Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of Section 3; thence South 385 feet; thence East 108 feet; thence North 385 feet; thence West 108 feet to the place of beginning, Township 108 North, Range 28 West;

(12) that part of the Northeast Quarter, the North Half of the Southeast Quarter, and the Southeast Quarter of the Northwest Quarter lying northerly of Minnesota trunk highway no. 68, Section 12, Township 108 North, Range 28 West;

(13) the North Half of the Northwest Quarter, EXCEPT that part of said North Half of the Northwest Quarter lying southwesterly of the Dakota, Minnesota, and Eastern railroad right-of-way, Section 12, Township 108 North, Range 28 West;

(14) Government Lots 3, 4, 5, and 6, Section 7, Township 108 North, Range 27 West;

(15) that part of the West Half of the Southwest Quarter lying northerly of Minnesota trunk highway no. 68, Section 7, Township 108 North, Range 27 West;

(16) Government Lots 5 and 6, Section 15, Township 108 North, Range 27 West;

(17) the Northwest Quarter of the Southwest Quarter, Section 15, Township 108 North, Range 27 West;

(18) that part of Government Lot 8 lying northerly of the Dakota, Minnesota, and Eastern railroad right-of-way, Section 16, Township 108 North, Range 27 West; and

(19) the West 208 feet of Outlot 9 and all of Outlot 10, South Bend, lying northerly of the Dakota, Minnesota, and Eastern railroad right-of-way, Section 15, Township 108 North, Range 27 West.

Subd. 6. [85.012] [Subd. 51.] [SAVANNA PORTAGE STATE PARK, AITKIN AND ST. LOUIS COUNTIES.] The following areas are added to Savanna Portage state park, all in Township 49 North, Range 23 West, Aitkin county:

(1) Government Lot 7, Section 6; and

(2) Government Lot 1, Section 8.

Subd. 7. [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK, LAKE COUNTY.] The following area is added to Tettegouche state park: The South Half of Government Lot 2, Section 22, Township 56 North, Range 7 West, Lake county.


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Sec. 3. [GARDEN ISLAND STATE RECREATION AREA.]

Subdivision 1. [85.013] [Subd. 11a.] [GARDEN ISLAND STATE RECREATION AREA, LAKE OF THE WOODS COUNTY.] Garden Island state recreation area is established in Lake of the Woods county.

Subd. 2. [BOUNDARIES.] The following described lands are located within the boundaries of Garden Island state recreation area, all in Township 166 North, Range 33 West, Lake of the Woods county:

(1) Government Lots 1, 2, 3, 4, and 5, Section 22;

(2) Government Lots 1 and 2, Section 23;

(3) Government Lots 1, 3, 4, and 5, Section 25;

(4) Government Lots 1, 2, 3, 4, 5, and 6, Section 26;

(5) the Northeast Quarter of the Northwest Quarter, Section 26; and

(6) Government Lot 1, Section 27.

Subd. 3. [ADMINISTRATION.] The commissioner of natural resources shall administer the area according to Minnesota Statutes, section 86A.05, subdivision 3, and shall allow hunting in the area."

Delete the title and insert:

"A bill for an act relating to natural resources; adding to state parks; creating a new recreation area; providing for a state park permit exemption; amending Minnesota Statutes 1996, section 85.054, by adding a subdivision."

The motion prevailed and the amendment was adopted.

S. F. No. 2351, A bill for an act relating to natural resources; adding to and deleting from state parks; creating a new recreation area; providing for a state park permit exemption; amending Minnesota Statutes 1996, section 85.054, by adding a subdivision.

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 7 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Erickson Johnson, R. McCollum Rest Tingelstad
Bakk Evans Juhnke McElroy Reuter Tompkins
Bettermann Finseth Kalis Milbert Rhodes Trimble
Biernat Folliard Kelso Molnau Rifenberg Tuma
Boudreau Garcia Kinkel Mulder Rostberg Tunheim
Bradley Goodno Koskinen Mullery Rukavina Van Dellen
Broecker Greenfield Kraus Munger Schumacher Vandeveer
Carlson Greiling Krinkie Murphy Seagren Wagenius
Chaudhary Gunther Kubly Ness Seifert Weaver
Clark, J. Haas Larsen Nornes Sekhon Wejcman
Clark, K. Harder Leighton Olson, E. Skare Wenzel
Commers Hasskamp Leppik Opatz Skoglund Westfall

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8045
Daggett Hausman Lieder Orfield Slawik Westrom
Davids Hilty Lindner Osthoff Smith Winter
Dawkins Holsten Long Otremba, M. Solberg Wolf
Delmont Huntley Macklin Ozment Stanek Workman
Dempsey Jaros Mahon Paulsen Stang Spk. Carruthers
Dorn Jefferson Mares Paymar Sviggum
Entenza Jennings Mariani Pelowski Swenson, H.
Erhardt Johnson, A. Marko Peterson Sykora

Those who voted in the negative were:

Anderson, B. Dehler Kielkucki Knoblach Kuisle Olson, M.
Osskopp

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

S. F. No. 2457, A bill for an act relating to the Minnesota housing finance agency; making permanent a temporary provision about the agency's meetings; repealing Laws 1997, chapter 154, section 5.

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 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 2047, A bill for an act relating to commerce; regulating sales of manufactured homes; authorizing limited dealer's licenses in certain circumstances; amending Minnesota Statutes 1996, section 327B.04, by adding a subdivision.

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8046

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

BoudreauDehler

The bill was passed and its title agreed to.

S. F. No. 1151 was reported to the House.

Dawkins offered an amendment to S. F. No. 1151.

POINT OF ORDER

Dehler raised a point of order pursuant to rule 3.09 that the Dawkins amendment was not in order. The Speaker ruled the point of order well taken and the Dawkins amendment out of order.

S. F. No. 1151, A bill for an act relating to probate; changing provisions on appointment of guardians and conservators; amending Minnesota Statutes 1996, section 525.591.

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:

Anderson, B. Erickson Juhnke Marko Pelowski Tingelstad
Anderson, I. Evans Kalis McCollum Peterson Tompkins
Bakk Farrell Kelso McElroy Rest Trimble
Bettermann Finseth Kielkucki McGuire Reuter Tuma
Biernat Folliard Kinkel Milbert Rhodes Tunheim
Boudreau Garcia Knight Molnau Rifenberg Van Dellen
Bradley Goodno Knoblach Mulder Rostberg Vandeveer
Broecker Greenfield Koskinen Mullery Rukavina Wagenius
Carlson Greiling Kraus Munger Schumacher Weaver
Chaudhary Gunther Krinkie Murphy Seagren Wejcman
Clark, J. Haas Kubly Ness Seifert Wenzel
Clark, K. Harder Kuisle Nornes Sekhon Westfall
Commers Hasskamp Larsen Olson, E. Skare Westrom
Daggett Hausman Leighton Olson, M. Skoglund Winter
Davids Hilty Leppik Opatz Slawik Wolf
Dawkins Holsten Lieder Orfield Smith Workman
Dehler Huntley Lindner Osskopp Solberg Spk. Carruthers
Delmont Jaros Long Osthoff Stanek

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8047
Dempsey Jefferson Macklin Otremba, M. Stang
Dorn Jennings Mahon Ozment Sviggum
Entenza Johnson, A. Mares Paulsen Swenson, H.
Erhardt Johnson, R. Mariani Paymar Sykora

The bill was passed and its title agreed to.

H. F. No. 3081 was reported to the House.

Paymar moved that H. F. No. 3081 be returned to General Orders. The motion prevailed.

S. F. No. 2402, A bill for an act relating to commerce; prohibiting the unauthorized possession of, or damage to, merchandise pallets; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

The question was taken on the passage of the bill and the roll was called. There were 105 yeas and 24 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Juhnke Marko Paulsen Swenson, H.
Anderson, I. Erickson Kalis McCollum Paymar Sykora
Bakk Evans Kelso McElroy Pelowski Trimble
Bettermann Farrell Kinkel McGuire Peterson Tuma
Biernat Folliard Knoblach Milbert Pugh Tunheim
Boudreau Garcia Koskinen Mulder Rest Van Dellen
Bradley Greenfield Kraus Mullery Rhodes Vandeveer
Broecker Greiling Kubly Munger Rifenberg Wagenius
Carlson Gunther Kuisle Murphy Rostberg Weaver
Chaudhary Hasskamp Larsen Ness Rukavina Wejcman
Clark, K. Hausman Leighton Nornes Schumacher Wenzel
Daggett Hilty Leppik Olson, E. Seagren Westrom
Davids Huntley Lieder Opatz Sekhon Winter
Dawkins Jaros Long Orfield Skare Wolf
Delmont Jefferson Macklin Osskopp Skoglund Spk. Carruthers
Dempsey Jennings Mahon Osthoff Slawik
Dorn Johnson, A. Mares Otremba, M. Solberg
Entenza Johnson, R. Mariani Ozment Sviggum


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8048

Those who voted in the negative were:

Anderson, B. Finseth Holsten Lindner Seifert Tingelstad
Clark, J. Goodno Kielkucki Molnau Smith Tompkins
Commers Haas Knight Olson, M. Stanek Westfall
Dehler Harder Krinkie Reuter Stang Workman

The bill was passed and its title agreed to.

S. F. No. 2163 was reported to the House.

Weaver moved that S. F. No. 2163 be temporarily laid over on Special Orders. The motion prevailed.

H. F. No. 2722 was reported to the House.

Kraus moved to amend H. F. No. 2722, the second engrossment, as follows:

Page 3, line 35, delete "August 1" and insert "December 31"

The motion prevailed and the amendment was adopted.

H. F. No. 2722, A bill for an act relating to the environment; providing penalties for violations of underground storage tank statutes and rules; amending Minnesota Statutes 1996, sections 115.071, by adding a subdivision; and 116.073, subdivisions 1 and 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 122 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8049

Those who voted in the negative were:

Anderson, B. Harder Lindner Osskopp Smith
Dehler Knight Olson, M.

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

S. F. No. 2729, A bill for an act relating to highways; allowing advertisements, public art, and informational signs to be placed on bicycle racks and bicycle storage facilities on highway right-of-way; amending Minnesota Statutes 1996, section 160.27, subdivision 5, 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 122 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B. Knight Lindner Stanek Tompkins
Dehler Krinkie Osthoff

The bill was passed and its title agreed to.

S. F. No. 2516 was reported to the House.

Jefferson moved to amend S. F. No. 2516 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2777, the first engrossment:

"Section 1. Minnesota Statutes 1997 Supplement, section 43A.04, subdivision 9, is amended to read:


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8050

Subd. 9. [EXPERIMENTAL OR RESEARCH PROJECTS.] The commissioner of employee relations may conduct experimental or research projects designed to improve recruitment, selection, referral, or appointment processes for the filling of state classified positions.

The commissioner shall meet and confer with the affected exclusive bargaining representative of state employees concerning the design and implementation of experimental and research projects under this subdivision.

Any provision in section 43A.02, except for subdivisions 33 and 38, sections 43A.09 43A.07 to 43A.15 43A.16, associated personnel rules adopted under subdivision 3, or administrative procedures established under subdivision 4, is waived for the purposes of these projects. The commissioner may not use an experimental or research project under this section to transfer positions between the unclassified and the classified service. The number of appointments under this subdivision may not exceed five percent of the total number of appointments in the preceding fiscal year, unless the commissioner authorizes appointments in excess of five percent with the mutual agreement of any affected bargaining unit.

The commissioner shall report by September 1 to the joint subcommittee on employee relations the results of the experimental research projects conducted in the preceding fiscal year.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.

S. F. No. 2516, A bill for an act relating to employee relations; modifying provisions on experimental or research projects in the department of employee relations; amending Minnesota Statutes 1997 Supplement, section 43A.04, subdivision 9.

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 121 yeas and 9 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8051

Those who voted in the negative were:

Anderson, B. Kielkucki Krinkie Olson, M. Workman
Dehler Knight Molnau Westrom

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

H. F. No. 3644 was reported to the House.

Solberg moved to amend H. F. No. 3644 as follows:

Page 1, line 22, delete everything after "effective" and insert "the day following final enactment."

A roll call was requested and properly seconded.

The question was taken on the Solberg amendment and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The motion prevailed and the amendment was adopted.

H. F. No. 3644, A bill for an act relating to telecommunications; modifying voting requirements for extended area service within combined school districts; amending Laws 1997, chapter 59, section 1, subdivision 3.

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8052

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

Those who voted in the negative were:

Anderson, I. Greenfield Johnson, A. Skoglund Solberg
Dehler Jefferson Otremba, M.

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

H. F. No. 2980 was reported to the House.

Jennings, Ozment, Delmont and Wolf moved to amend H. F. No. 2980, the first engrossment, as follows:

Page 1, line 17, after the period, insert "The commission shall provide that the requirement to offer service throughout that exchange area and all contiguous exchange areas is not applicable if the telephone company with fewer than 50,000 subscribers in the exchange area, either itself or through an affiliated company to which it provides technical, managerial, or financial assistance, begins to provide telecommunications services outside its original service territory."

The motion prevailed and the amendment was adopted.

Paymar, Hausman, Mariani, Marko, Osthoff, Entenza, Greiling, Broecker, Milbert, Trimble, Larsen, Farrell, Krinkie and Dawkins moved to amend H. F. No. 2980, the first engrossment, as amended, as follows:

Page 1, after line 26, insert:

"Section 2. [AREA CODE CONSIDERATIONS.]

The public utilities commission shall halt any proceeding or action to allow a change in telephone area codes in any metropolitan area.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8053

Sec. 3. [EFFECTIVE DATE.]

Section 2 is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

Paulsen raised a point of order pursuant to rule 3.09 that the Paymar et al amendment was not in order. The Speaker ruled the point of order not well taken and the Paymar et al amendment in order.

The question was taken on the Paymar et al amendment and the roll was called. There were 54 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Bakk Evans Jaros Larsen Munger Rukavina
Biernat Farrell Jefferson Leighton Murphy Skare
Broecker Folliard Johnson, A. Long Opatz Skoglund
Chaudhary Greenfield Johnson, R. Mariani Orfield Slawik
Clark, K. Greiling Juhnke Marko Osthoff Solberg
Dawkins Hasskamp Kalis McCollum Otremba, M. Trimble
Delmont Hausman Kinkel McGuire Paymar Wagenius
Dorn Hilty Krinkie Milbert Peterson Wejcman
Entenza Holsten Kubly Mullery Pugh Winter

Those who voted in the negative were:

Abrams Erickson Kraus Olson, E. Seagren Van Dellen
Anderson, B. Finseth Kuisle Olson, M. Seifert Vandeveer
Bettermann Goodno Leppik Osskopp Sekhon Weaver
Boudreau Gunther Lieder Ozment Smith Wenzel
Bradley Haas Lindner Paulsen Stanek Westfall
Carlson Harder Macklin Pawlenty Stang Westrom
Clark, J. Huntley Mahon Pelowski Sviggum Wolf
Commers Jennings Mares Rest Swenson, H. Workman
Daggett Kelso McElroy Reuter Sykora Spk. Carruthers
Davids Kielkucki Molnau Rhodes Tingelstad
Dehler Knight Mulder Rifenberg Tompkins
Dempsey Knoblach Ness Rostberg Tuma
Erhardt Koskinen Nornes Schumacher Tunheim

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

H. F. No. 2980, A bill for an act relating to telecommunications; requiring competitors of small telephone companies to offer service to contiguous exchange areas in certain situations; amending Minnesota Statutes 1996, section 237.16, by adding a subdivision.

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8054

The question was taken on the passage of the bill and the roll was called. There were 67 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Goodno Juhnke Ness Rifenberg Tuma
Bakk Greenfield Kalis Nornes Rostberg Tunheim
Bettermann Greiling Kielkucki Olson, E. Rukavina Wagenius
Boudreau Gunther Kinkel Olson, M. Schumacher Wenzel
Clark, J. Harder Knoblach Opatz Seifert Westfall
Daggett Hasskamp Kubly Osskopp Sekhon Westrom
Davids Hilty Kuisle Otremba, M. Skare Winter
Dehler Huntley Leighton Ozment Skoglund
Dorn Jaros Lieder Pelowski Solberg
Erickson Jennings Mahon Peterson Stang
Finseth Johnson, A. Mariani Reuter Sviggum
Garcia Johnson, R. Mulder Rhodes Swenson, H.

Those who voted in the negative were:

Abrams Erhardt Kraus McGuire Pugh Vandeveer
Biernat Evans Krinkie Milbert Rest Weaver
Bradley Farrell Larsen Molnau Seagren Wejcman
Broecker Folliard Leppik Mullery Slawik Wolf
Carlson Haas Lindner Munger Smith Workman
Chaudhary Hausman Long Murphy Stanek Spk. Carruthers
Commers Holsten Macklin Orfield Sykora
Dawkins Jefferson Mares Osthoff Tingelstad
Delmont Kelso Marko Paulsen Tompkins
Dempsey Knight McCollum Pawlenty Trimble
Entenza Koskinen McElroy Paymar Van Dellen

The bill was not passed, as amended.

S. F. No. 2163 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Pawlenty moved to amend S. F. No. 2163, the unofficial engrossment, as follows:

Page 3, line 25, delete "by a person other than a charitable organization,"

The motion prevailed and the amendment was adopted.

Juhnke moved to amend S. F. No. 2163, the unofficial engrossment, as amended, as follows:

Page 3, after line 32, insert:

"Sec. 3. Minnesota Statutes 1996, section 168A.01, is amended by adding a subdivision to read:

Subd. 17c. [SECURE REASSIGNMENT.] "Secure reassignment" means a separate form that (1) may be used by a dealer to assign and warrant title to a vehicle; (2) is prescribed by the department; and (3) contains security features complying with the Motor Vehicle Information and Cost Savings Act, as amended, codified at United States Code, title 49, chapter 327, and regulations of the United States Department of Transportation adopted under that act.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8055

Sec. 4. Minnesota Statutes 1996, section 168A.11, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION UPON TRANSFER.] If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner, and complies with subdivision 2 hereof, the dealer need not apply for a certificate of title, but upon transferring the vehicle to another person other than by the creation of a security interest shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any secured party holding a security interest created or reserved at the time of the resale, and the date of the security agreement in the spaces provided therefor on the certificate or secure reassignment. With respect to motor vehicles subject to the provisions of section 325E.15, the dealer shall also, in the space provided therefor on the certificate or secure reassignment, state the true cumulative mileage registered on the odometer or that the exact mileage is unknown if the odometer reading is known by the transferor to be different from the true mileage. The transferee shall complete the application for title section on the certificate of title or separate title application form prescribed by the department. The dealer shall mail or deliver the certificate to the department with the transferee's application for a new certificate and appropriate taxes and fees, within ten days."

Page 3, line 34, delete "and 2" and insert "to 4"

Amend the title as follows:

Page 1, line 3, after the second semicolon, insert "providing for separate form for assignment of vehicle title;"

Page 1, line 4, delete "section" and insert "sections" and after the semicolon, insert "168A.01, by adding a subdivision; and 168A.11, subdivision 1;"

The motion prevailed and the amendment was adopted.

S. F. No. 2163, A bill for an act relating to motor vehicles; regulating licensed dealers; providing an exception; amending Minnesota Statutes 1996, section 168.27, subdivision 8; Minnesota Statutes 1997 Supplement, section 168.27, subdivision 1.

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 127 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams Erickson Juhnke McCollum Pelowski Sykora
Anderson, B. Evans Kelso McElroy Peterson Tingelstad
Bakk Farrell Kielkucki McGuire Pugh Tompkins
Bettermann Finseth Kinkel Milbert Rest Tuma
Biernat Folliard Knight Molnau Reuter Tunheim
Boudreau Garcia Knoblach Mulder Rhodes Van Dellen
Bradley Goodno Koskinen Mullery Rifenberg Vandeveer
Broecker Greenfield Kraus Munger Rostberg Wagenius
Carlson Greiling Krinkie Murphy Rukavina Weaver
Chaudhary Gunther Kubly Ness Schumacher Wejcman
Clark, J. Haas Kuisle Nornes Seagren Wenzel
Clark, K. Harder Larsen Olson, E. Seifert Westfall
Commers Hasskamp Leighton Olson, M. Sekhon Westrom
Daggett Hausman Leppik Opatz Skare Winter
Davids Hilty Lieder Orfield Skoglund Wolf
Dawkins Holsten Lindner Osskopp Slawik Workman
Dehler Huntley Long Osthoff Smith Spk. Carruthers
Delmont Jaros Macklin Otremba, M. Solberg
Dempsey Jefferson Mahon Ozment Stanek
Dorn Jennings Mares Paulsen Stang

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8056
Entenza Johnson, A. Mariani Pawlenty Sviggum
Erhardt Johnson, R. Marko Paymar Swenson, H.

Those who voted in the negative were:

Trimble

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

S. F. No. 2669, A bill for an act relating to human services; allowing greater use of arrangements with businesses when providing day training and habilitation services; directing the commissioner of human services to develop a more flexible rate variance mechanism for day training habilitation services vendors; amending Minnesota Statutes 1996, section 252.451, subdivision 5.

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 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

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

Winter moved that the House recess subject to the call of the Chair. The motion prevailed.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8057

RECESS

RECONVENED

The House reconvened and was called to order by Speaker pro tempore Opatz.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10 Winter requested immediate consideration of S. F. No. 3346.

S. F. No. 3346 was reported to the House.

Greenfield moved to amend S. F. No. 3346, the second unofficial engrossment, as follows:

Page 21, after line 30, insert:

"(a) The appropriations and reductions for fiscal year 1998 in this article are effective the day following final enactment."

Page 21, line 31, before "The" insert "(b)"

Page 336, delete section 108

Renumber the sections in Article 6 in sequence

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Greenfield and Long moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Pages 209 to 212, delete section 1

Page 243, delete section 41

The motion prevailed and the amendment was adopted.

Greenfield moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 209, after line 19, insert:

"(i) Sections 10 and 62 are effective July 1, 2000."

The motion prevailed and the amendment was adopted.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8058

Mulder, Greenfield and Skoglund moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Article 2, page 74, after line 9, insert:

"Sec. 87. [145.905] [BREAST-FEEDING.]

Subdivision 1. [LOCATION.] A mother may breast-feed in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast-feeding.

Subd. 2. [FACILITIES; BREAST-FEEDING POLICY AND TRAINING.] (a) It is recommended that a facility providing maternity services or newborn infant care have a written breast-feeding policy that may include the following elements:

(1) informs all pregnant women about the benefits and management of breast-feeding;

(2) gives newborn infants of mothers who choose to breast-feed no food or drink other than breast milk, unless medically indicated;

(3) practices "rooming in" by allowing mothers and infants to remain together 24 hours a day;

(4) encourages breast-feeding on demand for mothers who choose to breast-feed;

(5) gives no artificial teats or pacifiers to breast-feeding infants; and

(6) encourages the establishment of breast-feeding support groups and refers mothers who choose to breast-feed to them on discharge from the hospital or clinic.

(b) It is recommended that a facility providing maternity services or newborn infant care provide the following training and assistance to its health care staff and mothers:

(1) training for all health care staff in the skills necessary to implement the facility's breast-feeding policy;

(2) assistance to help mothers who choose to breast-feed begin breast-feeding within half an hour of birth; and

(3) training for mothers who choose to breast-feed on how to breast-feed and how to maintain lactation, even if separated from their infants."

Article 2, page 95, after line 31, insert:

"Sec. 110. Minnesota Statutes 1996, section 617.23, is amended to read:

617.23 [INDECENT EXPOSURE; PENALTIES.]

(a) A person is guilty of a misdemeanor who in any public place, or in any place where others are present:

(1) willfully and lewdly exposes the person's body, or the private parts thereof;

(2) procures another to expose private parts; or

(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in clause (1) or (2) or this clause.

(b) A person is guilty of a gross misdemeanor if:

(1) the person violates this section in the presence of a minor under the age of 16; or


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8059

(2) the person violates this section after having been previously convicted of violating this section, sections 609.342 to 609.3451, or a statute from another state in conformity with any of those sections.

(c) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates paragraph (b), clause (1), after having been previously convicted of or adjudicated delinquent for violating paragraph (b), clause (1); section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity with paragraph (b), clause (1), or section 609.3451, subdivision 1, clause (2).

(d) Notwithstanding any other provision of law, a woman may breast-feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast-feeding."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Haas moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 205, line 2, delete "The"

Page 205, delete lines 3 to 8

The motion prevailed and the amendment was adopted.

Huntley, Haas, Sykora, Solberg and Jennings moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 130, line 35, after the period, insert: "Effective July 1, 1999, the medical education funds distribution process must include as a criterion the historical proportion of trainees from each education program that continues to practice in Minnesota. The commissioner shall evaluate the previous ten years time period to determine the historical proportion of trainees that continues to practice in Minnesota."

The motion prevailed and the amendment was adopted.

Bradley, Goodno, Huntley, Dorn, Greenfield, Boudreau, Wejcman and Jennings moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 319, after line 15, insert:

"Sec. 85. Minnesota Statutes 1997 Supplement, section 256J.49, subdivision 4, is amended to read:

Subd. 4. [EMPLOYMENT AND TRAINING SERVICE PROVIDER.] "Employment and training service provider" means:

(1) a public, private, or nonprofit employment and training agency certified by the commissioner of economic security under sections 268.0122, subdivision 3, and 268.871, subdivision 1, or is approved under section 256J.51 and is included in the county plan submitted under section 256J.50, subdivision 7; or


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8060

(2) a public, private, or nonprofit agency that is not certified by the commissioner under clause (1), but with which a county has contracted to provide employment and training services and which is included in the county's plan submitted under section 256J.50, subdivision 7; or

(3) a county agency, if the county is certified under clause (1) has opted to provide employment and training services and the county has indicated that fact in the plan submitted under section 256J.50, subdivision 7.

Notwithstanding section 268.871, an employment and training services provider meeting this definition may deliver employment and training services under this chapter."

Page 337, after line 15, insert:

"(e) Section 85, amending Minnesota Statutes section 256J.49, subdivision 4, is effective the day following final enactment."

Renumber the sections in article 6 in sequence

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Jennings, Greenfield and Goodno moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 322, line 2, after "may" insert ", to the extent that funds are available,"

The motion prevailed and the amendment was adopted.

Tunheim moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 10, line 26, after the period, insert "Persons who are faced with a current farm crisis are also eligible for services covered under this provision."

The motion prevailed and the amendment was adopted.

Skare moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 16, line 37, delete "$989,000" and insert "$1,373,100"

Page 16, line 43, delete "$665,000" and insert "$854,500"

Page 16, line 48, delete "$324,000" and insert "$518,600"

Increase the appropriation for fiscal year 1999 to the commissioner of health by $384,100 and correct the totals and summaries by fund accordingly

A roll call was requested and properly seconded.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8061

The question was taken on the Skare amendment and the roll was called. There were 71 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Evans Johnson, R. Marko Peterson Slawik
Bakk Farrell Juhnke McCollum Pugh Tompkins
Biernat Finseth Kahn McGuire Rest Trimble
Carlson Folliard Kalis Milbert Rhodes Tunheim
Chaudhary Garcia Kelso Mullery Rifenberg Wagenius
Clark, J. Goodno Kinkel Murphy Rostberg Wejcman
Clark, K. Greiling Kubly Olson, E. Rukavina Wenzel
Davids Hasskamp Leighton Opatz Schumacher Westfall
Dawkins Hausman Lieder Osthoff Seifert Westrom
Delmont Jaros Long Otremba, M. Sekhon Winter
Entenza Jefferson Mares Paymar Skare Spk. Carruthers
Erhardt Johnson, A. Mariani Pelowski Skoglund

Those who voted in the negative were:

Abrams Dorn Kielkucki Macklin Paulsen Sykora
Anderson, B. Erickson Knight Mahon Pawlenty Tingelstad
Bettermann Greenfield Knoblach McElroy Reuter Tuma
Bishop Gunther Koskinen Molnau Seagren Van Dellen
Boudreau Haas Kraus Munger Smith Vandeveer
Bradley Harder Krinkie Ness Solberg Weaver
Broecker Hilty Kuisle Nornes Stanek Wolf
Daggett Holsten Larsen Olson, M. Stang Workman
Dehler Huntley Leppik Osskopp Sviggum
Dempsey Jennings Lindner Ozment Swenson, H.

The motion prevailed and the amendment was adopted.

Bradley, Haas, Goodno, Mulder, Tompkins, Lindner, Knoblach, Boudreau, Jennings and Clark, J., moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 233, line 36, strike the existing language

Page 234, lines 1 to 10, strike the existing language and delete the new language and insert "Families enrolled in MinnesotaCare under section 256L.04, subdivision 1, whose income increases above 275 percent of the federal poverty guidelines, are no longer eligible for the program and shall be disenrolled by the commissioner. Individuals enrolled in MinnesotaCare under section 256L.04, subdivision 7, whose income increases above 175 percent of the federal poverty guidelines are no longer eligible for the program and shall be disenrolled by the commissioner. For persons disenrolled under this subdivision, MinnesotaCare coverage terminates the last day of the calendar month following the month in which the commissioner determines that the income of a family or individual, determined over a four-month period as required by section 256L.08, exceeds program income limits."

Page 241, lines 18 to 24, delete the new language

A roll call was requested and properly seconded.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8062

The question was taken on the Bradley et al amendment and the roll was called. There were 74 yeas and 56 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Knoblach Molnau Rhodes Tompkins
Anderson, B. Erickson Kraus Mulder Rifenberg Tuma
Bettermann Farrell Krinkie Ness Rostberg Van Dellen
Bishop Finseth Kuisle Nornes Schumacher Vandeveer
Boudreau Goodno Larsen Olson, M. Seagren Weaver
Bradley Gunther Leppik Opatz Seifert Westfall
Broecker Haas Lindner Osskopp Smith Westrom
Clark, J. Harder Macklin Osthoff Stanek Wolf
Commers Holsten Mahon Ozment Stang Workman
Daggett Jennings Mares Paulsen Sviggum
Davids Johnson, A. Marko Pawlenty Swenson, H.
Dehler Kielkucki McElroy Peterson Sykora
Dempsey Knight Milbert Reuter Tingelstad

Those who voted in the negative were:

Anderson, I. Evans Johnson, R. Long Paymar Tunheim
Bakk Folliard Juhnke Mariani Pelowski Wagenius
Biernat Garcia Kahn McCollum Pugh Wejcman
Carlson Greenfield Kalis McGuire Rest Wenzel
Chaudhary Greiling Kelso Mullery Rukavina Winter
Clark, K. Hausman Kinkel Munger Sekhon Spk. Carruthers
Dawkins Hilty Koskinen Murphy Skare
Delmont Huntley Kubly Olson, E. Skoglund
Dorn Jaros Leighton Orfield Slawik
Entenza Jefferson Lieder Otremba, M. Trimble

The motion prevailed and the amendment was adopted.

Trimble moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 335, after line 12, insert:

"Sec. 106. [REPORT; NONCERTIFIED PROVIDERS.]

Beginning January 1, 1999, the commissioner of economic security, in conjunction with the commissioner of human services, shall report annually on the use in MFIP-S of employment and training providers that do not meet certification standards under Minnesota Statutes, section 268.871. The report shall include information on the number and types of noncertified providers and the performance of noncertified providers compared to certified providers."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Bradley moved to amend the Trimble amendment to S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, line 8, delete everything after "providers"

Page 1, line 9, delete "standards"

The motion prevailed and the amendment to the amendment was adopted.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8063

The question recurred on the Trimble amendment, as amended, to S. F. No. 3346, the second unofficial engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.

Trimble moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, after line 3 of the of the first Bradley et al amendment, insert:

"Page 310, line 19, after the first comma, insert 'whether the provider meets certification standards under section 268.871 related to experience, staff capabilities and qualifications, demonstrated effectiveness and demonstrated administrative capabilities,' "

Page 2, after line 1 of the first Bradley et al amendment, insert:

"Page 320, after line 8, insert:

'Sec. 86. Minnesota Statutes 1997 Supplement, section 256J.50, subdivision 8, is amended to read:

Subd. 8. [COUNTY DUTY TO ENSURE EMPLOYMENT AND TRAINING CHOICES FOR PARTICIPANTS.] Each county, or group of counties working cooperatively, shall make available to participants the choice of at least two employment and training service providers as defined under section 256J.49, subdivision 4, except in counties utilizing workforce centers that use multiple employment and training services, offer multiple services options under a collaborative effort and can document that participants have choice among employment and training services designed to meet specialized needs. Each county must make available to participants at least one employment and training service provider that is certified under section 268.871, subdivision 1.' "

A roll call was requested and properly seconded.

The question was taken on the Trimble amendment and the roll was called. There were 69 yeas and 63 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Dehler Knight Molnau Rostberg Tuma
Anderson, B. Dempsey Knoblach Mulder Seagren Van Dellen
Bettermann Erhardt Kraus Ness Seifert Vandeveer
Bishop Erickson Krinkie Nornes Smith Weaver
Boudreau Finseth Kuisle Olson, M. Stanek Westfall
Bradley Goodno Larsen Osskopp Stang Westrom
Broecker Haas Leppik Paulsen Sviggum Wolf
Clark, J. Harder Lindner Pawlenty Swenson, H. Workman
Commers Holsten Macklin Reuter Sykora

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8064
Daggett Jennings Mares Rhodes Tingelstad
Davids Kielkucki McElroy Rifenberg Tompkins

The motion prevailed and the amendment was adopted.

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

Sviggum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 4, delete lines 40 to 68

Page 5, delete lines 1 to 19

Page 5, delete lines 31 to 69

Page 6, delete lines 1 to 3

Page 10, delete lines 5 to 12

Page 16, after line 14, insert:

"[SPENDING ON FOOD SAFETY LEADERSHIP INITIATIVES PROHIBITED.] In fiscal year 1999 the commissioner shall not spend any general fund or state government special revenue fund monies for the food safety leadership initiatives described on pages 37 and 38 of the 1998-1999 Minnesota Supplemental Budget Recommendations."

Page 16, delete lines 24 to 35

Page 16, delete lines 50 to 62

Page 17, delete lines 1 to 37

Page 21, line 9, delete "$270,083,000" and insert "$261,983,000"

Reduce the fiscal year 1999 general fund appropriation to the commissioner of human services for the home-sharing program under Minnesota Statutes, section 256.973, by $100,000.

Reduce the fiscal year 1999 general fund appropriation to the commissioner of human services for medical education and research costs grants and operations by $10,000,000.

Pages 61 to 64, delete section 69 of article 2

Pages 147 to 148, delete section 18 of article 4

Pages 189 to 195, delete section 43 of article 4

Page 200, delete section 45 of article 4

Correct the totals and the summaries by fund accordingly


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8065

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 Sviggum amendment and the roll was called. There were 61 yeas and 70 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Tunheim; Anderson, I.; Mulder; Vandeveer; Broecker; Osthoff; Kalis; Mares; Otremba, M.; Daggett; Tuma; Larsen; Mariani; Farrell; Hasskamp; Boudreau; Dawkins; Erickson; Westfall; Tompkins; Trimble; Lieder; Reuter; Olson, M.; Schumacher; Pugh; Carlson; Milbert; Olson, E.; Goodno; Bettermann; Jaros; Rifenberg and Osskopp moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 343, after line 6, insert:

"Sec. 4. [62Q.091] [ANY WILLING PROVIDER.]

Subdivision 1. [DENIAL OF COVERAGE PROHIBITED.] No health plan company shall deny or limit coverage under a health plan for any health care service provided by a health care provider on the basis that the health care provider is not in the health plan company's network, if the health care provider:

(1) satisfies the health plan company's reasonable credentialing standards;


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8066

(2) is willing to accept the relevant terms of the contract, including the schedule of fees, that the health plan company enters into with in-network providers; and

(3) agrees to follow the health plan company's utilization regulations.

Subd. 2. [MEASURES TO MAINTAIN QUALITY AND CONTROL COST.] (a) This section does not prevent a health plan company from implementing and maintaining measures that promote quality and control costs, including the requirement of coordination of care by a primary care provider, so long as the measures apply equally to all health care providers of the same type and do not discriminate against out-of-network providers who satisfy subdivision 1.

(b) This section shall not be interpreted as requiring coverage of any specific health care service.

Subd. 3. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Health care provider" means an independently enrolled audiologist, chemical dependency treatment facility, chiropractor, community clinic, community mental health center, dentist, dietitian, home health care provider, hospital, licensed marriage and family therapist, nurse practitioner or advanced practice nurse, nursing facility, occupational therapist, optometrist, optician, outpatient chemical dependency counselor, outpatient surgical center, pharmacist, osteopath, physical therapist, physician, podiatrist, licensed psychologist, psychological practitioner, licensed social worker, rural health clinic, or speech therapist. For purposes of this paragraph, "independently enrolled" means that the health care provider has authority under state law to bill, and receive payment directly from, a patient or health plan company.

(c) "Health care services" means goods and services provided by a health care provider within the scope of the health care provider's license.

(d) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the coverages that are excluded under section 62A.011, subdivision 3, clauses (6), (7), (8), (10), and (12).

Subd. 4. [APPLICABILITY.] Section 62Q.095 does not apply to a health plan as of the date that this section applies to it.

Subd. 5. [PROHIBITION.] No health plan company shall offer, sell, issue, or renew a health plan that does not comply with this section."

Page 356, after line 20, insert:

"(g) Section 4 is effective January 1, 1999, and applies to health plans issued or renewed on or after that date."

A roll call was requested and properly seconded.

The question was taken on the Tunheim et al amendment and the roll was called. There were 82 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Evans Kalis Marko Osthoff Stanek
Bakk Farrell Kelso McCollum Otremba, M. Stang
Bettermann Finseth Kielkucki McGuire Paymar Swenson, H.
Boudreau Folliard Kinkel Milbert Pelowski Tompkins

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8067
Broecker Garcia Kraus Mulder Peterson Tuma
Carlson Goodno Kubly Mullery Pugh Tunheim
Clark, J. Greiling Larsen Munger Reuter Vandeveer
Clark, K. Hasskamp Leighton Murphy Rifenberg Wenzel
Daggett Hausman Lieder Ness Rukavina Westfall
Davids Hilty Lindner Nornes Seifert Westrom
Dawkins Holsten Macklin Olson, E. Sekhon Winter
Dehler Jaros Mahon Olson, M. Skare Spk. Carruthers
Entenza Jennings Mares Orfield Slawik
Erickson Johnson, A. Mariani Osskopp Solberg

Those who voted in the negative were:

Abrams Dorn Juhnke Molnau Seagren Weaver
Anderson, B. Erhardt Kahn Opatz Skoglund Wejcman
Biernat Greenfield Knight Ozment Smith Wolf
Bishop Gunther Knoblach Paulsen Sviggum Workman
Bradley Haas Koskinen Pawlenty Sykora
Chaudhary Harder Krinkie Rest Tingelstad
Commers Huntley Kuisle Rhodes Trimble
Delmont Jefferson Leppik Rostberg Van Dellen
Dempsey Johnson, R. Long Schumacher Wagenius

The motion prevailed and the amendment was adopted.

The Speaker resumed the Chair.

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

Seagren moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 31, line 31, before "The" insert:

"Subdivision 1. [ADVISORY GROUP.]"

Page 32, after line 7, insert:

"Subd. 2. [DATA PROVISIONS.] No person shall release or disclose without the voluntary, informed, written consent of the patient or employee any patient or employee-identifiable medical, health, or employment-related information on a patient or employee to the department of health, the commissioner of health, or the occupational respiratory disease information system advisory group or information system until protocol and data privacy protections are in place. If the patient or employee is an unemancipated minor, the voluntary, informed, written consent of the parent or guardian of the patient or employee is required."

A roll call was requested and properly seconded.

Greenfield moved to amend the Seagren amendment to S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, line 10, delete "to" and insert "from"

The motion prevailed and the amendment to the amendment was adopted.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8068

The question recurred on the Seagren amendment, as amended, and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The motion prevailed and the amendment, as amended, was adopted.

Goodno; Haas; Johnson, R.; McCollum; Lindner; Koskinen; Bradley; Otremba, M.; Biernat and Tompkins offered an amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

Greenfield requested a division of the Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

Greenfield further requested that the second portion of the divided Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended, be voted upon first.

The second portion of the Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended, reads as follows:

Page 143, after line 24, insert:

"Sec. 15. Minnesota Statutes 1997 Supplement, section 256B.056, subdivision 4, is amended to read:

Subd. 4. [INCOME.] To be eligible for medical assistance, a person must not have, or anticipate receiving, semiannual income in excess of 120 percent of the income standards by family size used under the aid to families with dependent children state plan as of July 16, 1996, as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193, except that eligible under section 256B.055, subdivision 7, and families and children may have an income up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996, AFDC state plan. Effective July 1, 1998, the commissioner shall increase the base AFDC standard in effect July 16, 1996, by an amount equal to the percentage increase in the Consumer Price Index for all urban consumers for calendar year 1997.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8069

In computing income to determine eligibility of persons who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Law Numbers 94-566, section 503; 99-272; and 99-509. Veterans aid and attendance benefits and Veterans Administration unusual medical expense payments are considered income to the recipient."

Correct the totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

The question was taken on the second portion of the Goodno et al amendment and the roll was called. There were 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Huntley

The motion prevailed and the second portion of the Goodno et al amendment was adopted.

Goodno withdrew the first portion of the Goodno et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

Sviggum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 13, line 41, delete "$10,220,000" and insert "$5,230,000"

Page 13, line 47, delete everything after the semicolon

Page 13, delete line 48


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8070

Page 13, line 49, delete everything before "and"

Correct the totals and the summaries by fund in Article 1 accordingly

Pages 259 to 261, delete section 14

Renumber the sections in Article 6 in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 53 yeas and 77 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Davids Kielkucki Mulder Seagren Tuma
Bettermann Dehler Knight Nornes Seifert Van Dellen
Bishop Erickson Kraus Olson, M. Smith Vandeveer
Boudreau Finseth Krinkie Osskopp Stanek Weaver
Bradley Goodno Kuisle Paulsen Stang Westfall
Broecker Gunther Larsen Pawlenty Sviggum Westrom
Clark, J. Haas Lindner Reuter Swenson, H. Wolf
Commers Harder Mares Rifenberg Sykora Workman
Daggett Holsten Molnau Rostberg Tingelstad

Those who voted in the negative were:

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

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

Tompkins, Lindner, Bradley, Sviggum, Vandeveer, Rifenberg, Davids, Kielkucki, Bettermann, Tingelstad and Macklin moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 18, delete lines 38 to 40

Correct the totals and the summaries by fund accordingly

Pages 26 to 29, delete sections 7 to 10

Renumber the sections in sequence and correct internal references

Amend the title accordingly


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8071

A roll call was requested and properly seconded.

The question was taken on the Tompkins et al amendment and the roll was called. There were 50 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dempsey Knoblach Nornes Smith Vandeveer
Bettermann Erickson Kraus Olson, M. Stanek Weaver
Bradley Finseth Krinkie Osskopp Stang Westfall
Broecker Goodno Kuisle Paulsen Sviggum Wolf
Clark, J. Gunther Larsen Pawlenty Swenson, H. Workman
Commers Harder Lindner Reuter Tingelstad
Daggett Holsten Mares Rifenberg Tompkins
Davids Kielkucki Molnau Seagren Tuma
Dehler Knight Mulder Seifert Van Dellen

Those who voted in the negative were:

Abrams Evans Johnson, A. Mariani Ozment Solberg
Anderson, I. Farrell Johnson, R. Marko Paymar Sykora
Bakk Folliard Juhnke McCollum Pelowski Trimble
Biernat Garcia Kahn McGuire Peterson Tunheim
Bishop Greenfield Kalis Milbert Pugh Wagenius
Boudreau Greiling Kelso Mullery Rest Wejcman
Carlson Haas Kinkel Munger Rhodes Wenzel
Chaudhary Hasskamp Koskinen Murphy Rostberg Westrom
Clark, K. Hausman Kubly Ness Rukavina Winter
Dawkins Hilty Leighton Olson, E. Schumacher Spk. Carruthers
Delmont Huntley Leppik Opatz Sekhon
Dorn Jaros Lieder Orfield Skare
Entenza Jefferson Long Osthoff Skoglund
Erhardt Jennings Mahon Otremba, M. Slawik

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

Boudreau moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 39, line 17, delete "or one or more"

Page 39, line 18, delete "volunteers"

Page 44, line 7, delete "and"

Page 44, line 8, delete "volunteers"

Page 54, line 9, delete "and volunteers"

A roll call was requested and properly seconded.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8072

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

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Goodno; Olson, M., and McCollum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 266, after line 13, insert:

"Sec. 30. Minnesota Statutes 1997 Supplement, section 256J.08, is amended by adding a subdivision to read:

Subd. 82a. [SHARED HOUSEHOLD STANDARD.] "Shared household standard" means the basic standard used when the household includes an unrelated member. The cash portion of the shared household standard is equal to 90 percent of the cash portion of the transitional standard. The cash portion of the shared household standard plus the food portion equals the full shared household standard."

Page 266, after line 18, insert:

"Sec. 31. Minnesota Statutes 1997 Supplement, section 256J.08, is amended by adding a subdivision to read:

Subd. 86a. [UNRELATED MEMBER.] "Unrelated member" means an individual in the household who does not meet the definition of an eligible caregiver."

Page 277, line 23, delete everything after the period

Page 277, delete lines 24 to 26


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8073

Page 277, line 27, delete the new language

Page 286, after line 30, insert:

"Sec. 45. Minnesota Statutes 1997 Supplement, section 256J.24, subdivision 7, is amended to read:

Subd. 7. [FAMILY WAGE LEVEL STANDARD.] The family wage level standard is 110 percent of the transitional standard under subdivision 5 and is the standard used when there is earned income in the assistance unit. As specified in section 256J.21, earned income is subtracted from the family wage level to determine the amount of the assistance payment. Assistance payments may not exceed the shared household standard or the transitional standard for the assistance unit, whichever is less."

Page 287, after line 6, insert:

"Sec. 46. Minnesota Statutes 1997 Supplement, section 256J.24, is amended by adding a subdivision to read:

Subd. 9. [SHARED HOUSEHOLD STANDARD; MFIP-S.] (a) Except as prohibited in paragraph (b), the county agency must use the shared household standard when the household includes one or more unrelated members, as that term is defined in section 256J.08, subdivision 86a. The county agency must use the shared household standard, unless a member of the assistance unit is a victim of domestic violence and has an approved safety plan, regardless of the number of unrelated members in the household.

(b) The county agency must not use the shared household standard when all unrelated members are one of the following:

(1) a recipient of public assistance benefits, including food stamps, Supplemental Security Income, adoption assistance, relative custody assistance, or foster care payments;

(2) a roomer or boarder, or a person to whom the assistance unit is paying room or board;

(3) a minor;

(4) a minor caregiver living with the minor caregiver's parents or in an approved supervised living arrangement; or

(5) a caregiver who is not the parent of the minor child in the assistance unit."

Page 337, line 14, before "Section" insert "(d)"

Page 337, after line 15, insert:

"(e) Section 46, providing for a shared household standard, is effective for MFIP-S applications received on or after January 1, 1999, and for January 1, 1999 and subsequent MFIP-S recertifications."

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 Goodno et al amendment and the roll was called. There were 73 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kinkel Molnau Rostberg Van Dellen
Anderson, B. Erickson Knight Mulder Seagren Vandeveer
Bettermann Farrell Knoblach Munger Seifert Weaver
Bishop Finseth Kraus Ness Smith Wenzel
Boudreau Goodno Krinkie Nornes Stanek Westfall

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8074
Bradley Gunther Kubly Olson, M. Stang Westrom
Broecker Haas Kuisle Osskopp Sviggum Wolf
Clark, J. Harder Larsen Ozment Swenson, H. Workman
Commers Holsten Leppik Paulsen Sykora
Daggett Jennings Lindner Pawlenty Tingelstad
Davids Johnson, A. Long Pelowski Tompkins
Dehler Kelso Mares Rhodes Trimble
Dempsey Kielkucki McCollum Rifenberg Tuma

Those who voted in the negative were:

Anderson, I. Entenza Jaros Mahon Orfield Sekhon
Bakk Evans Jefferson Mariani Osthoff Skare
Biernat Folliard Johnson, R. Marko Paymar Skoglund
Carlson Garcia Juhnke McGuire Peterson Slawik
Chaudhary Greenfield Kahn Milbert Pugh Solberg
Clark, K. Greiling Kalis Mullery Rest Tunheim
Dawkins Hausman Koskinen Murphy Reuter Wagenius
Delmont Hilty Leighton Olson, E. Rukavina Wejcman
Dorn Huntley Lieder Opatz Schumacher Winter

The motion prevailed and the amendment was adopted.

Sviggum moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 136, after line 25, insert:

"Sec. 7. [256.028] [HUMAN SERVICES AIDS; CERTIFICATION OF ELIGIBILITY.]

Subdivision 1. [DEFINITIONS.] For purposes of this section:

(1) "state aid" means any human services grant, appropriation, aid, benefit, program, or allocation to a governmental entity for the exclusive benefit of, or that targets or prioritizes benefits to, American Indians. State aid includes, but is not limited to, payments pursuant to sections 245.713; 254A.03; 254A.031; 256J.645; and 257.3571; and chapter 254B; and

(2) "governmental entity" means a state agency, political subdivision, or American Indian tribe or authorized Indian tribal organization, and any of the entity's agencies or instrumentalities.

Subd. 2. [ELIGIBILITY OF STATE AID.] In addition to any other requirements of law providing for state aid, to be eligible for the aid, a governmental entity must certify to the commissioner of human services that the governmental entity meets one of the following conditions:

(1) the direct recipients of the state aid are individuals subject to state income taxes imposed under chapter 290, whether or not the individual is required to file a return or pay taxes under chapter 290;

(2) if the state aid is paid to or used by the governmental entity or the recipients of the aid do not meet the requirements of clause (1), the entity has paid taxes, in lieu taxes, or contractual payments, to the state or a political subdivision of the state on any revenues received by the governmental entity from gaming that is at least equal to the combined receipts taxes that would be paid if a tax at the rate under section 297E.02, subdivision 6, was imposed on net gaming receipts of the governmental entity. For purposes of this clause, the phrase "taxes, in lieu taxes, or contractual payments" does not include payments made under a state compact for payments in lieu of cigarette, liquor, or motor fuel taxes; or


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8075

(3) any net gaming proceeds received by the governmental entity are expended by the governmental entity to benefit the community as a whole, any facilities acquired or constructed with any gaming proceeds of the governmental entity are owned by the governmental entity, and none of the net gaming proceeds of the governmental entity inure to the private benefit of an individual or private entity.

Subd. 3. [APPLICATION.] Application for certification of eligibility for state aid must be made by the governmental entity on the forms prescribed by the commissioner of human services. The application must contain the information required by the commissioner of human services and must contain an agreement signed by an authorized representative of the governmental entity that states that any legal disputes about aid eligibility under this section shall be under the jurisdiction of a state court.

Subd. 4. [FUNDS RELEASED.] (a) If the commissioner determines that a governmental entity meets the requirements of subdivision 2, the commissioner shall certify compliance with this section by the governmental entity to the department or other agency administering the aid, and the aid shall be paid as provided by law.

(b) If the commissioner determines that the governmental entity has not met the requirements of subdivision 2, the commissioner shall certify noncompliance with this section by the governmental entity to the department or other agency administering the aid and, notwithstanding any other law to the contrary, the state aid shall not be paid.

(c) If the commissioner determines that the governmental entity has partially met the requirements of subdivision 2, the commissioner shall certify partial compliance by the governmental entity with this section to the department or other agency administering the aid and, notwithstanding any other law to the contrary, the state aid shall be paid only as follows:

(1) The net gaming proceeds received by the governmental entity is reduced by (i) any distributions of the net gambling proceeds to individuals subject to state income taxes imposed under chapter 290, and (ii) any net gaming proceeds expended under subdivision 2, clause (3).

(2) An amount is calculated equal to the amount of tax that would be imposed on the amount determined in clause (1) at the rate under section 297E.02, subdivision 6, if a tax at that rate were imposed on that amount.

(3) The state aid otherwise provided by law shall be multiplied by the ratio of taxes, in lieu taxes, or contractual payments made by the governmental entity as described in subdivision 2, clause (2), to the amount determined under clause (2) of this paragraph. The ratio may not be greater than 1.

(4) The amount of state aid determined under clause (3) shall be paid as otherwise provided by law."

Page 209, after line 19, insert:

"(i) Section 7 is effective for state aid payable after June 30, 1998."

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 Sviggum amendment and the roll was called. There were 62 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Knight Ness Seagren Van Dellen
Anderson, B. Erhardt Knoblach Nornes Seifert Vandeveer
Bettermann Erickson Kraus Olson, M. Smith Weaver
Bishop Finseth Krinkie Osskopp Stanek Westfall
Boudreau Goodno Kuisle Ozment Stang Westrom
Bradley Gunther Larsen Paulsen Sviggum Wolf
Broecker Haas Leppik Pawlenty Swenson, H. Workman

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8076
Clark, J. Harder Lindner Reuter Sykora
Commers Holsten Mares Rhodes Tingelstad
Daggett Kelso Molnau Rifenberg Tompkins
Davids Kielkucki Mulder Rostberg Tuma

Those who voted in the negative were:

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

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

Olson, M.; Anderson, B.; Rifenberg; Tingelstad; Dehler and Knoblach moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 147, after line 32, insert:

"Sec. 18. Minnesota Statutes 1996, section 256B.0625, is amended by adding a subdivision to read:

Subd. 3a. [GENDER REASSIGNMENT SURGERY.] Gender reassignment surgery and other gender reassignment medical procedures including drug therapy for gender reassignment are not medically necessary."

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 Olson, M., et al amendment and the roll was called. There were 107 yeas and 19 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8077
Abrams Dorn Kelso McCollum Peterson Swenson, H.
Anderson, B. Erhardt Kielkucki McGuire Pugh Sykora
Anderson, I. Erickson Kinkel Milbert Rest Tingelstad
Bakk Evans Knight Molnau Reuter Tompkins
Bettermann Farrell Knoblach Mulder Rhodes Trimble
Bishop Finseth Koskinen Mullery Rifenberg Tuma
Boudreau Folliard Kraus Ness Rostberg Tunheim
Bradley Goodno Krinkie Nornes Schumacher Van Dellen
Broecker Gunther Kubly Olson, E. Seagren Vandeveer
Carlson Haas Kuisle Olson, M. Seifert Weaver
Chaudhary Harder Larsen Opatz Sekhon Wenzel
Clark, J. Hasskamp Leighton Osskopp Skoglund Westfall
Commers Hilty Leppik Osthoff Slawik Westrom
Daggett Holsten Lieder Otremba, M. Smith Winter
Davids Jennings Lindner Ozment Solberg Wolf
Dehler Johnson, A. Mahon Paulsen Stanek Workman
Delmont Johnson, R. Mares Pawlenty Stang Spk. Carruthers
Dempsey Juhnke Marko Pelowski Sviggum

Those who voted in the negative were:

Biernat Garcia Huntley Mariani Skare Wejcman
Clark, K. Greenfield Jaros Munger Wagenius
Dawkins Greiling Jefferson Orfield
Entenza Hausman Kahn Rukavina

The motion prevailed and the amendment was adopted.

Farrell was excused between the hours of 7:50 p.m. and 9:10 p.m.

Erickson; Hasskamp; Rifenberg; Daggett; Tompkins; Wenzel; Weaver; Otremba, M.; Clark, J.; Knoblach; Sykora; Goodno and Boudreau moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Article 2, page 74, after line 9, insert:

"Sec. 87. [145.926] [ABSTINENCE EDUCATION GRANT PROGRAM.]

The commissioner of health shall expend federal funds for abstinence education programs provided under United States Code, title 42, section 710, and state matching funds for abstinence education programs only to an abstinence education program that has all of the following components:

(1) the exclusive purpose of teaching the social, psychological, and health gains to be realized by abstaining from sexual activity;

(2) teaching abstinence from sexual activity outside of marriage as the expected standard for all school-age children;

(3) teaching that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems;

(4) teaching that a mutually faithful, monogamous relationship in the context of marriage is the expected standard of human sexual activity;

(5) teaching that sexual activity outside of marriage is likely to have harmful psychological and physical effects;

(6) teaching that bearing children out-of-wedlock is likely to have harmful consequences for the child, the child's parents, and society;


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8078

(7) teaching young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and

(8) teaching the importance of attaining self-sufficiency before engaging in sexual activity."

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 Erickson et al amendment and the roll was called. There were 109 yeas and 19 nays as follows:

Those who voted in the affirmative were:

Abrams Dorn Kielkucki Milbert Rest Tingelstad
Anderson, B. Erhardt Kinkel Molnau Reuter Tompkins
Anderson, I. Erickson Knight Mulder Rhodes Tuma
Bakk Evans Knoblach Mullery Rifenberg Tunheim
Bettermann Finseth Koskinen Murphy Rostberg Van Dellen
Biernat Folliard Kraus Ness Schumacher Vandeveer
Bishop Goodno Krinkie Nornes Seagren Wagenius
Boudreau Gunther Kubly Olson, E. Seifert Weaver
Bradley Haas Kuisle Olson, M. Sekhon Wenzel
Broecker Harder Larsen Opatz Skare Westfall
Carlson Hasskamp Leighton Orfield Skoglund Westrom
Chaudhary Hilty Leppik Osskopp Slawik Winter
Clark, J. Holsten Lieder Otremba, M. Smith Wolf
Commers Jennings Lindner Ozment Solberg Workman
Daggett Johnson, A. Long Paulsen Stanek
Davids Johnson, R. Mares Pawlenty Stang
Dehler Juhnke Marko Pelowski Sviggum
Delmont Kalis McCollum Peterson Swenson, H.
Dempsey Kelso McGuire Pugh Sykora

Those who voted in the negative were:

Clark, K. Greenfield Jaros Mariani Rukavina Wejcman
Dawkins Greiling Jefferson Munger Trimble
Entenza Hausman Kahn Osthoff
Garcia Huntley Mahon Paymar

The motion prevailed and the amendment was adopted.

Lindner; Clark, J.; Hasskamp and Otremba, M., moved to amend S. F. No. 3346, the second unofficial engrossment , as amended, as follows:

Page 17, line 8, after the period insert:

"Any portion of the comprehensive plan addressing prevention of sexually transmitted diseases or developing strategies for reducing infection must be entirely abstinence based and must only teach that abstinence from sexual activity is the only certain way to avoid sexually transmitted diseases and other associated health problems."

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8079

Pawlenty; Wenzel; Clark, J., and Hasskamp moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 31, after line 28, insert:

"Sec. 16. Minnesota Statutes 1996, section 144.343, subdivision 1, is amended to read:

Subdivision 1. [MINOR'S CONSENT VALID.] Any minor may give effective consent for medical, mental and other health services to determine the presence of or to treat pregnancy and conditions associated therewith, venereal disease, alcohol and other drug abuse, and the consent of no other person is required. This section does not preclude parents from having access to the medical records of their unemancipated minor children."

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 Pawlenty et al amendment and the roll was called. There were 82 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Kielkucki Murphy Rifenberg Trimble
Anderson, B. Erhardt Knight Ness Rostberg Tuma
Anderson, I. Erickson Knoblach Nornes Schumacher Tunheim
Bakk Evans Kraus Olson, M. Seagren Van Dellen
Bettermann Finseth Krinkie Opatz Seifert Vandeveer
Boudreau Goodno Kubly Osskopp Smith Weaver
Bradley Gunther Kuisle Otremba, M. Solberg Wenzel
Broecker Haas Larsen Ozment Stanek Westfall
Chaudhary Harder Leppik Paulsen Stang Westrom
Clark, J. Hasskamp Lindner Pawlenty Sviggum Winter
Commers Holsten Mares Pelowski Swenson, H. Wolf
Daggett Juhnke Milbert Peterson Sykora Workman
Davids Kalis Molnau Reuter Tingelstad
Dehler Kelso Mulder Rhodes Tompkins

Those who voted in the negative were:

Biernat Folliard Jefferson Long Olson, E. Skare
Bishop Garcia Jennings Mahon Orfield Skoglund
Carlson Greenfield Johnson, A. Mariani Osthoff Slawik
Clark, K. Greiling Johnson, R. Marko Paymar Wagenius
Dawkins Hausman Kinkel McCollum Pugh Wejcman
Delmont Hilty Koskinen McGuire Rest Spk. Carruthers
Dorn Huntley Leighton Mullery Rukavina
Entenza Jaros Lieder Munger Sekhon

The motion prevailed and the amendment was adopted.

Tompkins; Boudreau; Lindner; Tingelstad; Stanek; Bradley; Vandeveer; Otremba, M.; Wenzel; Davids; Rifenberg; Clark, J.; Bettermann; Sviggum; Kielkucki and Macklin moved to amend S. F. No. 3346 the second unofficial engrossment, as amended, as follows:

Page 16, after line 9, insert:


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8080

"[GRANTS TO MEDICAL CLINICS.] A medical clinic, including its affiliated clinics, that counsels, refers, or performs abortions and that receives federal funds under Public Law Number 91-572, title X of the Public Health Service Act is not eligible for family planning grant funds from the health care access fund. Notwithstanding the provisions of section 10, this section shall not expire."

A roll call was requested and properly seconded.

Greenfield moved to amend the Tompkins et al amendment to S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, line 13, delete everything after the period

Page 1, delete lines 14 to 15

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Tompkins et al amendment, as amended, and the roll was called. There were 73 yeas and 53 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth Knoblach Nornes Schumacher Van Dellen
Anderson, I. Goodno Kraus Olson, M. Seagren Vandeveer
Bettermann Gunther Krinkie Opatz Seifert Weaver
Boudreau Haas Kubly Osskopp Smith Wenzel
Bradley Harder Kuisle Otremba, M. Stanek Westfall
Broecker Hasskamp Lieder Ozment Stang Westrom
Clark, J. Holsten Lindner Paulsen Sviggum Wolf
Commers Juhnke Mares Pawlenty Swenson, H. Workman
Daggett Kalis Milbert Pelowski Sykora
Davids Kelso Molnau Peterson Tingelstad
Dehler Kielkucki Mulder Reuter Tompkins
Dempsey Kinkel Murphy Rifenberg Tuma
Erickson Knight Ness Rostberg Tunheim

Those who voted in the negative were:

Abrams Entenza Huntley Leppik Olson, E. Skare
Bakk Erhardt Jaros Long Orfield Skoglund
Biernat Evans Jefferson Mahon Osthoff Slawik
Carlson Folliard Jennings Mariani Paymar Trimble
Chaudhary Garcia Johnson, A. Marko Pugh Wagenius
Clark, K. Greenfield Johnson, R. McCollum Rest Wejcman
Dawkins Greiling Kahn McGuire Rhodes Winter
Delmont Hausman Koskinen Mullery Rukavina Spk. Carruthers
Dorn Hilty Leighton Munger Sekhon

The motion prevailed and the amendment, as amended, was adopted.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8081

Knight, Seagren and Mahon moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 127, line 31, after "practitioners," insert "doctors of chiropractic,"

A roll call was requested and properly seconded.

The question was taken on the Knight et al amendment and the roll was called. There were 113 yeas and 15 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erickson Kelso McCollum Paymar Stanek
Anderson, I. Evans Kielkucki McGuire Pelowski Stang
Bakk Finseth Kinkel Milbert Peterson Sviggum
Bettermann Folliard Knight Molnau Pugh Swenson, H.
Biernat Garcia Knoblach Mullery Rest Sykora
Boudreau Goodno Koskinen Munger Reuter Tingelstad
Broecker Gunther Kraus Murphy Rhodes Tompkins
Carlson Harder Krinkie Ness Rifenberg Tuma
Chaudhary Hasskamp Kubly Nornes Rostberg Tunheim
Clark, J. Hausman Kuisle Olson, E. Rukavina Vandeveer
Clark, K. Hilty Larsen Olson, M. Schumacher Weaver
Daggett Holsten Leighton Opatz Seagren Wenzel
Davids Jaros Leppik Orfield Seifert Westfall
Dawkins Jefferson Lieder Osskopp Sekhon Westrom
Dehler Jennings Lindner Osthoff Skare Winter
Delmont Johnson, A. Long Otremba, M. Skoglund Wolf
Dempsey Johnson, R. Mahon Ozment Slawik Workman
Entenza Juhnke Mares Paulsen Smith Spk. Carruthers
Erhardt Kalis Marko Pawlenty Solberg

Those who voted in the negative were:

Abrams Dorn Haas Mariani Van Dellen Wejcman
Bradley Greenfield Huntley Mulder Wagenius
Commers Greiling Kahn Trimble

The motion prevailed and the amendment was adopted.

Knight moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 206, after line 27, insert:

"Sec. 59. [DENTAL FORMS.]

Dentists who provide services to medical assistance patients may submit charges for dental reimbursement on American Dental Association standardized provider payment forms to assist in the collection of dental fees."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8082

Seagren moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 345, after line 12, insert "No patient's name, identifying information or identifiable medical data will be disclosed to the organization without the informed voluntary written consent of the patient or patient's guardian, or if the patient is a minor, of the parent or guardian of the patient."

A roll call was requested and properly seconded.

The question was taken on the Seagren amendment and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The motion prevailed and the amendment was adopted.

Mulder moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 292, line 14, strike "or"

Page 292, line 15, strike "earnings" and reinstate the other stricken language

Page 292, strike lines 17 and 18

A roll call was requested and properly seconded.

The question was taken on the Mulder amendment and the roll was called. There were 100 yeas and 28 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Kelso Milbert Pugh Sykora

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8083
Anderson, B. Dorn Kielkucki Molnau Rest Tingelstad
Anderson, I. Erhardt Kinkel Mulder Reuter Tompkins
Bakk Erickson Knight Mullery Rhodes Tuma
Bettermann Evans Knoblach Murphy Rifenberg Tunheim
Bishop Finseth Kraus Ness Rostberg Van Dellen
Boudreau Goodno Krinkie Nornes Schumacher Vandeveer
Bradley Gunther Kubly Olson, E. Seagren Weaver
Broecker Haas Kuisle Olson, M. Seifert Wenzel
Carlson Harder Larsen Opatz Skare Westfall
Chaudhary Hasskamp Leppik Osskopp Slawik Westrom
Clark, J. Hilty Lieder Otremba, M. Smith Winter
Commers Holsten Lindner Ozment Solberg Wolf
Daggett Jennings Mahon Paulsen Stanek Workman
Davids Johnson, A. Mares Pawlenty Stang Spk. Carruthers
Dehler Juhnke Marko Pelowski Sviggum
Delmont Kalis McCollum Peterson Swenson, H.

Those who voted in the negative were:

Biernat Garcia Jaros Leighton Orfield Trimble
Clark, K. Greenfield Jefferson Long Osthoff Wagenius
Dawkins Greiling Johnson, R. Mariani Paymar Wejcman
Entenza Hausman Kahn McGuire Sekhon
Folliard Huntley Koskinen Munger Skoglund

The motion prevailed and the amendment was adopted.

Bradley moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 257, lines 27 to 29, reinstate the stricken language

Page 257, line 30, reinstate the stricken language and after the reinstated "date," insert "or are refugees as that term is used in 8 United States Code section 1101(a)(42),"

Page 259, line 30, after the headnote insert "(a)"

Page 260, line 3, delete "be" and insert "have been" and before the semicolon insert "on March 1, 1998"

Page 260, after line 6, insert:

"(b) Notwithstanding paragraph (a), clause (3), an applicant who is a refugee, as that term is used in 8 United States Code section 1101(a)(42), but who was not a resident of the state on March 1, 1998, and who is otherwise eligible for this program can receive benefits under this section."

Page 267, line 32, reinstate the stricken language

Page 267, line 33, reinstate the stricken language and after the reinstated comma insert "or who were not residing in this state as of July 1, 1997 but who are refugees as that term is used in 8 United States Code section 1101(a)(42)."

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Abrams Folliard Kraus Mullery Rifenberg Tuma
Anderson, B. Goodno Krinkie Munger Rostberg Tunheim
Bettermann Gunther Kubly Ness Schumacher Van Dellen

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8084
Boudreau Haas Kuisle Nornes Seagren Vandeveer
Bradley Harder Larsen Olson, E. Seifert Weaver
Broecker Hasskamp Leppik Olson, M. Sekhon Westfall
Clark, J. Holsten Lieder Opatz Smith Westrom
Commers Jennings Lindner Osskopp Solberg Winter
Daggett Juhnke Mahon Ozment Stanek Wolf
Davids Kelso Mares Paulsen Stang Workman
Dehler Kielkucki Marko Pawlenty Sviggum Spk. Carruthers
Dempsey Kinkel McCollum Pelowski Swenson, H.
Erhardt Knight McGuire Peterson Sykora
Erickson Knoblach Molnau Reuter Tingelstad
Finseth Koskinen Mulder Rhodes Tompkins

Those who voted in the negative were:

Anderson, I. Delmont Hausman Kahn Orfield Skare
Bakk Dorn Hilty Kalis Osthoff Skoglund
Biernat Entenza Huntley Leighton Otremba, M. Slawik
Carlson Evans Jaros Long Paymar Trimble
Chaudhary Garcia Jefferson Mariani Pugh Wagenius
Clark, K. Greenfield Johnson, A. Milbert Rest Wejcman
Dawkins Greiling Johnson, R. Murphy Rukavina Wenzel

The motion prevailed and the amendment was adopted.

Bradley moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 260, line 22, after "benefits" insert ", alone or in combination with any benefits received through the Minnesota grown supplemental food program under Laws 1997, chapter 216, section 7, subdivision 4,"

Page 336, after line 15, insert:

"Sec. 108. [COORDINATION OF MINNESOTA GROWN AND MINNESOTA FOOD ASSISTANCE PROGRAM BENEFITS REQUIRED.]

The commissioner of agriculture must include with each set of vouchers mailed under the Minnesota grown supplemental food program established in Laws 1997, chapter 216, section 7, subdivision 4, a notice to the recipient that acceptance of the vouchers will reduce any benefits received through the Minnesota food assistance program under Minnesota Statutes, section 256D.053, by an amount equal to the value of the vouchers accepted by the recipient. The notice must also provide a method for the recipient to decline the vouchers. The commissioner must provide sufficient information each month on any recipients who decline to accept Minnesota grown vouchers to the commissioner of human services to enable the commissioner of human services to comply with the requirements of Minnesota Statutes, section 256D.053, subdivision 3, paragraph (b)."

Renumber the sections in Article 6 in sequence

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8085

Boudreau moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 260, line 35, delete everything after "commissioner" and insert "shall issue"

Page 260, line 36, delete everything after "section" and insert "in state-purchased food coupons"

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Abrams Dempsey Kielkucki Ness Seagren Van Dellen
Anderson, B. Erhardt Knight Nornes Seifert Vandeveer
Bettermann Erickson Knoblach Olson, M. Slawik Weaver
Bishop Finseth Kraus Osskopp Smith Wenzel
Boudreau Goodno Krinkie Ozment Stanek Westfall
Bradley Gunther Kuisle Paulsen Stang Westrom
Broecker Haas Larsen Pawlenty Sviggum Wolf
Clark, J. Harder Leppik Peterson Swenson, H. Workman
Commers Hasskamp Lindner Reuter Sykora
Daggett Holsten Mares Rhodes Tingelstad
Davids Juhnke Molnau Rifenberg Tompkins
Dehler Kalis Mulder Rostberg Tuma

Those who voted in the negative were:

Anderson, I. Folliard Johnson, R. Marko Otremba, M. Trimble
Bakk Garcia Kahn McCollum Paymar Tunheim
Biernat Greenfield Kelso McGuire Pelowski Wagenius
Carlson Greiling Kinkel Milbert Pugh Wejcman
Chaudhary Hausman Koskinen Mullery Rest Winter
Clark, K. Hilty Kubly Munger Rukavina Spk. Carruthers
Dawkins Huntley Leighton Murphy Schumacher
Delmont Jaros Lieder Olson, E. Sekhon
Dorn Jefferson Long Opatz Skare
Entenza Jennings Mahon Orfield Skoglund
Evans Johnson, A. Mariani Osthoff Solberg

The motion prevailed and the amendment was adopted.

Knight moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 243, after line 6, insert:

"Sec. 40. Minnesota Statutes 1997 Supplement, section 295.50, subdivision 4, is amended to read:

Subd. 4. [HEALTH CARE PROVIDER.] (a) "Health care provider" means:

(1) a person whose health care occupation is regulated or required to be regulated by the state of Minnesota furnishing any or all of the following goods or services directly to a patient or consumer: medical, surgical, optical, visual, dental, hearing, nursing services, drugs, laboratory, diagnostic or therapeutic services;


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8086

(2) a person who provides goods and services not listed in clause (1) that qualify for reimbursement under the medical assistance program provided under chapter 256B;

(3) a staff model health plan company;

(4) an ambulance service required to be licensed; or

(5) a person who sells or repairs hearing aids and related equipment or prescription eyewear.

(b) Health care provider does not include hospitals; medical supplies distributors, except as specified under paragraph (a), clause (5); providers of dental services; nursing homes licensed under chapter 144A or licensed in any other jurisdiction; pharmacies; surgical centers; bus and taxicab transportation, or any other providers of transportation services other than ambulance services required to be licensed; supervised living facilities for persons with mental retardation or related conditions, licensed under Minnesota Rules, parts 4665.0100 to 4665.9900; residential care homes licensed under chapter 144B; board and lodging establishments providing only custodial services that are licensed under chapter 157 and registered under section 157.17 to provide supportive services or health supervision services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training and habilitation services for adults with mental retardation and related conditions as defined in section 252.41, subdivision 3; and boarding care homes, as defined in Minnesota Rules, part 4655.0100.

(c) For purposes of this subdivision, "directly to a patient or consumer" includes goods and services provided in connection with independent medical examinations under section 65B.56 or other examinations for purposes of litigation or insurance claims."

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 119 yeas and 9 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8087

Those who voted in the negative were:

Clark, K. Garcia Huntley Skoglund Wejcman
Folliard Greenfield Kahn Wagenius

The motion prevailed and the amendment was adopted.

Knoblach, Jennings, Skoglund and Dorn moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 302, line 25, before "or" insert "256J.80,"

Page 330, after line 23, insert:

"Sec. 103. [256J.80] [TRUANCY PREVENTION PROGRAM.]

Subdivision 1. [PILOT PROJECTS.] The commissioner of human services, in consultation with the commissioner of the department of children, families and learning, shall develop a truancy prevention pilot program to prevent tardiness and ensure school attendance of children receiving assistance under chapter 256J. The pilot program shall be developed in at least two school districts, one rural and one urban. The pilots shall be developed in collaboration with local school districts and county social service agencies and shall serve families on MFIP-S whose children are under the age of 13 and are subject to the compulsory attendance requirements of section 120.101, and are frequently tardy or are not attending school regularly, as defined by the local school district. The program shall require the local schools to refer such families to county social service agencies for an assessment and development of a corrective action plan to ensure punctual and regular school attendance by the children in the family. The corrective action plan must require that the children demonstrate satisfactory attendance as defined by the local school district. Families that fail to follow the corrective action plan shall be reported to the county agency and shall be subject to sanction under section 256J.46, subdivision 1, paragraphs (a) and (b). The commissioner of human services may at its discretion expand the program to other districts with the districts' agreement and shall present a report to the legislature by November 30, 1999, on the success of the implementation of the pilot projects authorized by this section.

Subd. 2. [TRANSFER OF ATTENDANCE DATA.] Notwithstanding the requirements of section 13.32, the commissioners of children, families, and learning and human services shall develop procedures to implement the transmittal of data on student attendance to county social services agencies to implement the program authorized by this section."

Renumber the sections in Article 6 in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Knoblach et al amendment and the roll was called. There were 101 yeas and 23 nays as follows:

Those who voted in the affirmative were:

Abrams Dorn Kinkel Molnau Pugh Swenson, H.
Anderson, B. Erhardt Knight Mulder Rest Sykora
Anderson, I. Erickson Knoblach Mullery Reuter Tingelstad
Bettermann Finseth Kraus Murphy Rhodes Tuma
Biernat Folliard Krinkie Ness Rifenberg Tunheim
Bishop Goodno Kubly Nornes Rostberg Van Dellen
Boudreau Gunther Kuisle Olson, E. Schumacher Vandeveer

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8088
Bradley Haas Larsen Olson, M. Seagren Wagenius
Broecker Harder Leighton Opatz Seifert Weaver
Carlson Hasskamp Leppik Orfield Sekhon Wenzel
Chaudhary Holsten Lindner Osskopp Skoglund Westfall
Clark, J. Jennings Mahon Otremba, M. Slawik Westrom
Commers Johnson, R. Mares Ozment Smith Winter
Daggett Juhnke Marko Paulsen Solberg Wolf
Davids Kalis McCollum Pawlenty Stanek Workman
Dehler Kelso McGuire Pelowski Stang Spk. Carruthers
Dempsey Kielkucki Milbert Peterson Sviggum

Those who voted in the negative were:

Bakk Evans Hausman Jefferson Mariani Rukavina
Clark, K. Garcia Hilty Johnson, A. Munger Trimble
Dawkins Greenfield Huntley Koskinen Osthoff Wejcman
Entenza Greiling Jaros Lieder Paymar

The motion prevailed and the amendment was adopted.

Seagren moved to amend S. F. No. 3346, the second unofficial engrossment, as amended, as follows:

Page 1, line 6 of the first Seagren amendment, delete everything after "[DATA PROVISIONS.]" and insert "No individually identifying data shall be collected or entered into the occupational respiratory disease information system without further action of the legislature."

Page 1, delete lines 7 to 15

A roll call was requested and properly seconded.

The question was taken on the Seagren amendment and the roll was called. There were 123 yeas and 4 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Juhnke Marko Paymar Swenson, H.
Anderson, B. Erhardt Kahn McCollum Pelowski Sykora
Anderson, I. Erickson Kalis McGuire Peterson Tingelstad
Bakk Evans Kelso Milbert Pugh Tompkins
Bettermann Finseth Kielkucki Molnau Rest Trimble
Biernat Folliard Kinkel Mulder Reuter Tuma
Boudreau Garcia Knight Mullery Rhodes Tunheim
Bradley Goodno Knoblach Munger Rifenberg Van Dellen
Broecker Greenfield Koskinen Murphy Rostberg Vandeveer
Carlson Greiling Kraus Ness Rukavina Wagenius
Chaudhary Gunther Krinkie Nornes Schumacher Weaver
Clark, J. Haas Kubly Olson, E. Seagren Wenzel
Clark, K. Harder Kuisle Olson, M. Seifert Westfall
Commers Hasskamp Larsen Opatz Sekhon Westrom
Daggett Hilty Leighton Orfield Skare Winter
Davids Holsten Leppik Osskopp Slawik Wolf
Dawkins Jaros Lieder Osthoff Smith Workman
Dehler Jefferson Lindner Otremba, M. Solberg Spk. Carruthers

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8089
Delmont Jennings Mahon Ozment Stanek
Dempsey Johnson, A. Mares Paulsen Stang
Dorn Johnson, R. Mariani Pawlenty Sviggum

Those who voted in the negative were:

Hausman Huntley Skoglund Wejcman

The motion prevailed and the amendment was adopted.

S. F. No. 3346, as amended, was read for the third time.

MOTION FOR RECONSIDERATION

Mulder moved that the action whereby S. F. No. 3346, as amended, was given its third reading be now reconsidered.

A roll call was requested and properly seconded.

CALL OF THE HOUSE

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

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8090

The question recurred on the Mulder motion and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 75 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Kielkucki Murphy Rifenberg Tompkins
Anderson, B. Erhardt Knight Ness Rostberg Tuma
Anderson, I. Erickson Knoblach Nornes Schumacher Van Dellen
Bettermann Finseth Kraus Olson, M. Seagren Vandeveer
Bishop Goodno Krinkie Opatz Seifert Weaver
Boudreau Gunther Kubly Osskopp Smith Wenzel
Bradley Haas Kuisle Otremba, M. Solberg Westfall
Broecker Harder Larsen Ozment Stanek Westrom
Clark, J. Hasskamp Leppik Paulsen Stang Wolf
Commers Holsten Lindner Pawlenty Sviggum Workman
Daggett Juhnke Mares Pelowski Swenson, H.
Davids Kalis Molnau Reuter Sykora
Dehler Kelso Mulder Rhodes Tingelstad

Those who voted in the negative were:

Bakk Evans Jaros Long Olson, E. Skare
Biernat Farrell Jefferson Mahon Orfield Skoglund
Carlson Folliard Johnson, A. Mariani Osthoff Slawik
Chaudhary Garcia Johnson, R. Marko Paymar Trimble
Clark, K. Greenfield Kahn McCollum Peterson Tunheim
Dawkins Greiling Kinkel McGuire Pugh Wagenius
Delmont Hausman Koskinen Milbert Rest Wejcman
Dorn Hilty Leighton Mullery Rukavina Winter
Entenza Huntley Lieder Munger Sekhon Spk. Carruthers

The motion prevailed.

Mulder offered an amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

Kahn requested a division of the Mulder amendment to S. F. No. 3346, the second unofficial engrossment, as amended.

The first portion of the Mulder amendment to S. F. No. 3346, the second unofficial engrossment, as amended, reads as follows:

Page 72, line 14, delete "AND INFANT" and delete "and "infant" are" and insert "is"

Page 72, line 15, delete "interchangeably"

Page 72, line 35, delete "or infant"

A roll call was requested and properly seconded.

The question was taken on the first portion of the Mulder amendment and the roll was called.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8091

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 118 yeas and 9 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kalis Marko Pelowski Swenson, H.
Anderson, B. Erickson Kelso McCollum Peterson Sykora
Anderson, I. Evans Kielkucki McGuire Pugh Tingelstad
Bakk Farrell Kinkel Milbert Rest Tompkins
Bettermann Finseth Knight Molnau Reuter Trimble
Biernat Folliard Knoblach Mulder Rhodes Tuma
Bishop Garcia Koskinen Mullery Rifenberg Tunheim
Boudreau Goodno Kraus Murphy Rostberg Van Dellen
Bradley Greiling Krinkie Ness Rukavina Vandeveer
Broecker Gunther Kubly Nornes Schumacher Wagenius
Carlson Haas Kuisle Olson, E. Seagren Weaver
Chaudhary Harder Larsen Olson, M. Seifert Wenzel
Clark, J. Hasskamp Leighton Opatz Sekhon Westfall
Commers Hilty Leppik Orfield Skare Westrom
Daggett Holsten Lieder Osskopp Slawik Winter
Davids Jefferson Lindner Osthoff Smith Wolf
Dehler Johnson, A. Long Otremba, M. Solberg Workman
Delmont Johnson, R. Mahon Ozment Stanek Spk. Carruthers
Dempsey Juhnke Mares Paulsen Stang
Dorn Kahn Mariani Pawlenty Sviggum

Those who voted in the negative were:

Clark, K. Hausman Jaros Paymar Wejcman
Greenfield Huntley Munger Skoglund

The motion prevailed and the first portion of the Mulder amendment was adopted.

The second portion of the Mulder amendment to S. F. No. 3346, the second unofficial engrossment, as amended, reads as follows:

Page 72, after line 20, insert:

"Subd. 5. [PARTIALLY VAGINALLY DELIVERS A LIVING FETUS BEFORE KILLING THE FETUS.] "Partially vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion thereof, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus."

Page 72, line 27, delete everything after "injury" and insert a period

Page 72, delete lines 28 to 30

Page 72, line 34, delete "the father of the fetus or infant" and insert "the father if married to the mother at the time she receives a partial birth abortion procedure"

Page 73, line 22, delete "15" and insert "two"

Page 73, line 23, delete "$50,000" and insert "$10,000"


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8092

Page 73, after line 23, insert:

"Subd. 2. [ADMINISTRATIVE FINDING.] (a) A defendant accused of an offense under this section may seek a hearing before the state board of medical practice on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by the physical disorder, illness, or injury.

(b) The findings of the state board of medical practice on that issue are admissible at the trial of the defendant. Upon motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit the hearing to take place."

Page 73, line 24, delete "2" and insert "3"

A roll call was requested and properly seconded.

The question was taken on the second portion of the Mulder amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 105 yeas and 23 nays as follows:

Those who voted in the affirmative were:

Abrams Dorn Kelso Marko Peterson Swenson, H.
Anderson, B. Erhardt Kielkucki McCollum Pugh Sykora
Anderson, I. Erickson Kinkel Milbert Rest Tingelstad
Bakk Evans Knight Molnau Reuter Tompkins
Bettermann Farrell Knoblach Mulder Rhodes Tuma
Biernat Finseth Koskinen Mullery Rifenberg Tunheim
Bishop Garcia Kraus Murphy Rostberg Van Dellen
Boudreau Goodno Krinkie Ness Schumacher Vandeveer
Bradley Gunther Kubly Nornes Seagren Weaver
Broecker Haas Kuisle Olson, E. Seifert Wenzel
Chaudhary Harder Larsen Olson, M. Sekhon Westfall
Clark, J. Hasskamp Leighton Opatz Skare Westrom
Commers Hilty Leppik Osskopp Slawik Winter
Daggett Holsten Lieder Otremba, M. Smith Wolf
Davids Johnson, A. Lindner Ozment Solberg Workman
Dehler Johnson, R. Long Paulsen Stanek
Delmont Juhnke Mahon Pawlenty Stang
Dempsey Kalis Mares Pelowski Sviggum

Those who voted in the negative were:

Carlson Folliard Huntley Mariani Paymar Wagenius
Clark, K. Greenfield Jaros Munger Rukavina Wejcman
Dawkins Greiling Jefferson Orfield Skoglund Spk. Carruthers
Entenza Hausman Kahn Osthoff Trimble

The motion prevailed and the second portion of the Mulder amendment was adopted.

S. F. No. 3346, A bill for an act relating to human services; appropriating money; changing provisions for long-term care, health care programs and provisions, including MA and GAMC, MinnesotaCare, welfare reform, and regional treatment centers; providing for the sale of certain nursing home property; regulating compulsive gambling; imposing penalties;


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8093

amending Minnesota Statutes 1996, sections 119B.24; 144.701, subdivisions 1, 2, and 4; 144.702, subdivisions 1, 2, and 8; 144A.09, subdivision 1; 144A.44, subdivision 2; 214.03; 245.462, subdivisions 4 and 8; 245.4871, subdivision 4; 245A.03, by adding a subdivision; 245A.14, subdivision 4; 256.014, subdivision 1; 256.969, subdivisions 16 and 17; 256B.03, subdivision 3; 256B.04, by adding a subdivision; 256B.055, subdivision 7, and by adding a subdivision; 256B.057, subdivision 3a, and by adding subdivisions; 256B.0625, subdivisions 7, 17, 19a, 20, 34, and by adding subdivisions; 256B.0627, subdivision 4; 256B.0911, subdivision 4; 256B.0916; 256B.41, subdivision 1; 256B.431, subdivisions 2b, 4, 11, 22, and by adding a subdivision; 256B.501, subdivision 2; 256B.69, by adding subdivisions; 256D.03, subdivision 4, and by adding subdivisions; 256D.051, by adding a subdivision; 256D.46, subdivision 2; 256I.04, subdivisions 1, 3, and by adding a subdivision; 256I.05, subdivision 2; and 609.115, subdivision 9; Minnesota Statutes 1997 Supplement, sections 60A.15, subdivision 1; 62J.685; 62J.69, subdivisions 1, 2, and by adding a subdivision; 62J.75; 103I.208, subdivision 2; 144.1494, subdivision 1; 144A.071, subdivision 4a; 171.29, subdivision 2; 214.32, subdivision 1; 245B.06, subdivision 2; 256.01, subdivision 2; 256.031, subdivision 6; 256.9657, subdivision 3; 256.9685, subdivision 1; 256.9864; 256B.04, subdivision 18; 256B.056, subdivisions 1a and 4; 256B.06, subdivision 4; 256B.062; 256B.0625, subdivision 31a; 256B.0627, subdivision 5; 256B.0645; 256B.0911, subdivisions 2 and 7; 256B.0913, subdivision 14; 256B.0915, subdivisions 1d and 3; 256B.0951, by adding a subdivision; 256B.431, subdivisions 3f and 26; 256B.433, subdivision 3a; 256B.434, subdivision 10; 256B.69, subdivisions 2 and 3a; 256B.692, subdivisions 2 and 5; 256B.77, subdivisions 3, 7a, 10, and 12; 256D.05, subdivision 8; 256J.02, subdivision 4; 256J.03; 256J.08, subdivisions 11, 26, 28, 40, 60, 68, 73, 83, and by adding subdivisions; 256J.09, subdivisions 6 and 9; 256J.11, subdivision 2, as amended; 256J.12; 256J.14; 256J.15, subdivision 2; 256J.20, subdivisions 2 and 3; 256J.21; 256J.24, subdivisions 1, 2, 3, 4, and by adding subdivisions; 256J.26, subdivisions 1, 2, 3, and 4; 256J.28, subdivisions 1, 2, and by adding a subdivision; 256J.30, subdivisions 10 and 11; 256J.31, subdivisions 5 and 10; 256J.32, subdivisions 4, 6, and by adding a subdivision; 256J.33, subdivisions 1 and 4; 256J.35; 256J.36; 256J.37, subdivisions 1, 2, 9, and by adding subdivisions; 256J.38, subdivision 1; 256J.39, subdivision 2; 256J.395; 256J.42; 256J.43; 256J.45, subdivisions 1, 2, and by adding a subdivision; 256J.46, subdivisions 1, 2, and 2a; 256J.47, subdivision 4; 256J.48, subdivisions 2, 3, and by adding a subdivision; 256J.49, subdivision 4; 256J.50, subdivision 5, and by adding a subdivision; 256J.52, subdivision 4; 256J.54, subdivisions 2, 3, 4, and 5; 256J.55, subdivision 5; 256J.56; 256J.57, subdivision 1; 256J.645, subdivision 3; 256J.74, subdivision 2, and by adding a subdivision; 256K.03, subdivision 5; 256L.01; 256L.02, subdivisions 2 and 3; 256L.03, subdivisions 1, 3, 4, 5, and by adding subdivisions; 256L.04, subdivisions 1, 2, 7, 8, 9, 10, and by adding subdivisions; 256L.05, subdivisions 2, 3, 4, and by adding subdivisions; 256L.06, subdivision 3; 256L.07; 256L.09, subdivisions 2, 4, and 6; 256L.11, subdivision 6; 256L.12, subdivision 5; 256L.15; 256L.17, by adding a subdivision; and 270A.03, subdivision 5; Laws 1994, chapter 633, article 7, section 3; Laws 1997, chapter 203, article 4, section 64; and article 9, section 21; chapter 207, section 7; chapter 225, article 2, section 64; and chapter 248, section 46, as amended; proposing coding for new law in Minnesota Statutes, chapters 144; 145; 245; 256; 256B; 256D; 256J; and 256L; repealing Minnesota Statutes 1996, sections 144.0721, subdivision 3a; 256.031, subdivisions 1, 2, 3, and 4; 256.032; 256.033, subdivisions 2, 3, 4, 5, and 6; 256.034; 256.035; 256.036; 256.0361; 256.047; 256.0475; 256.048; 256.049; and 256B.501, subdivision 3g; Minnesota Statutes 1997 Supplement, sections 62J.685; 144.0721, subdivision 3; 256.031, subdivisions 5 and 6; 256.033, subdivisions 1 and 1a; 256B.057, subdivision 1a; 256B.062; 256B.0913, subdivision 15; 256J.25; 256J.28, subdivision 4; 256J.32, subdivision 5; 256J.34, subdivision 5; 256J.76; 256L.04, subdivisions 3, 4, 5, and 6; 256L.06, subdivisions 1 and 2; 256L.08; 256L.09, subdivision 3; 256L.13; and 256L.14; Laws 1997, chapter 85, article 1, sections 61 and 71; and article 3, section 55; Minnesota Rules (Exempt), parts 9500.9100; 9500.9110; 9500.9120; 9500.9130; 9500.9140; 9500.9150; 9500.9160; 9500.9170; 9500.9180; 9500.9190; 9500.9200; 9500.9210; and 9500.9220.

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.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 115 yeas and 14 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kalis Milbert Pugh Tingelstad
Anderson, B. Erickson Kelso Molnau Rest Tompkins
Anderson, I. Evans Kielkucki Mulder Reuter Trimble
Bakk Finseth Kinkel Mullery Rhodes Tuma
Bettermann Folliard Knight Munger Rifenberg Tunheim
Biernat Garcia Knoblach Murphy Rostberg Vandeveer
Bishop Goodno Koskinen Ness Rukavina Weaver
Boudreau Greenfield Kraus Nornes Schumacher Wejcman
Bradley Greiling Kubly Olson, E. Seagren Wenzel
Broecker Gunther Kuisle Olson, M. Seifert Westfall
Carlson Haas Larsen Opatz Sekhon Westrom
Chaudhary Harder Leighton Orfield Skare Winter
Clark, J. Hasskamp Leppik Osskopp Slawik Wolf
Commers Hilty Lieder Osthoff Smith Workman
Daggett Holsten Lindner Otremba, M. Solberg Spk. Carruthers
Davids Huntley Mahon Ozment Stanek
Dehler Jefferson Mares Paulsen Stang
Delmont Johnson, A. Marko Pawlenty Sviggum

Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8094
Dempsey Johnson, R. McCollum Pelowski Swenson, H.
Dorn Juhnke McGuire Peterson Sykora

Those who voted in the negative were:

Clark, K. Farrell Kahn Mariani Van Dellen Wagenius
Dawkins Hausman Krinkie Paymar
Entenza Jaros Long Skoglund

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

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Mulder moved that his name be stricken as an author on H. F. No. 3580. The motion prevailed.

Erickson moved that the name of Tingelstad be added as an author on H. F. No. 3834. The motion prevailed.

Erickson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 5, 1998, when the vote was taken on the final passage of H. F. No. 2874, as amended." The motion prevailed.

Marko moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 5, 1998, when the vote was taken on the Seifert and Pelowski amendment to H. F. No. 2874, the third engrossment, as amended." The motion prevailed.

Wolf moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 5, 1998, when the vote was taken on the final passage of H. F. No. 2874, as amended." The motion prevailed.

Mulder moved that H. F. No. 1729 be returned to its author. The motion prevailed.

Erhardt moved that H. F. No. 2428 be returned to its author. The motion prevailed.


Journal of the House - 87th Day - Monday, March 9, 1998 - Top of Page 8095

Erhardt moved that H. F. No. 3683 be returned to its author. The motion prevailed.

Milbert moved that H. F. No. 3720 be returned to its author. The motion prevailed.

Abrams moved that H. F. No. 3721 be returned to its author. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3353:

Osthoff, Munger, McCollum, Peterson and Holsten.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, March 10, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, March 10, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives


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