Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 445

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 1999

__________________

NINETEENTH DAY

Saint Paul, Minnesota, Monday, February 22, 1999

This Journal as a PDF document

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

Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

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

The roll was called and the following members were present:

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

A quorum was present.

Anderson, B., and Munger were excused.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 446

REPORTS OF CHIEF CLERK

S. F. No. 121 and H. F. No. 171, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Mulder moved that the rules be so far suspended that S. F. No. 121 be substituted for H. F. No. 171 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

February 17, 1999

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

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

H. F. No. 139, relating to the campaign finance and public disclosure board; specifying member qualifications.

H. F. No. 26, relating to appropriations; changing a grantee for the Mississippi education center grant; imposing a condition.

Sincerely,

Jesse Ventura

Governor


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 447

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1999 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 1999 1999

139 1 12:30 p.m. February 17 February 17

26 2 12:32 p.m. February 17 February 17

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

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

H. F. No. 5, A bill for an act relating to the legislature; proposing an amendment to the Minnesota Constitution by adding a section to article IV; requiring a three-fifths vote to enact a law increasing taxes.

Reported the same back with the following amendments:

Page 1, line 18, delete "additional"

Page 1, line 19, delete "property taxes" and insert "or increase a property tax rate or levy"

Page 1, line 21, delete "its" and insert "their"

Page 1, line 24, delete "levy property taxes" and insert "impose or increase a property tax rate or levy"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 448

Lindner from the Committee on Jobs and Economic Development Policy to which was referred:

H. F. No. 10, A bill for an act relating to housing; establishing a school stability initiative for homeless children; appropriating money; amending Minnesota Statutes 1998, section 462A.204, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 21, delete the comma and insert "or"

Page 1, line 22, delete "unstable families" and insert "minors who meet the definition of a child in need of services or protection under section 260.015, subdivision 2a, but for whom no court finding has been made pursuant to that statute"

Page 2, line 9, after "overcrowded" insert "or hazardous lead"

Page 2, line 14, delete "and" and insert:

"(4) connecting families with job training programs; and"

Page 2, line 15, delete "(4)" and insert "(5)"

Page 2, line 17, after "months" insert "provided they have applied for section 8 housing assistance"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.

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

H. F. No. 169, A bill for an act relating to health; exempting certain services provided free of charge from the MinnesotaCare tax; amending Minnesota Statutes 1998, section 295.50, subdivision 3.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 202, A bill for an act relating to cities; ratifying certain tax increment activities by the city of Faribault.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes without further recommendation.

The report was adopted.


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 449

Smith from the Committee on Civil Law to which was referred:

H. F. No. 346, A bill for an act relating to courts; prohibiting certain contracting arrangements for freelance court reporting services; regulating certain services; proposing coding for new law in Minnesota Statutes, chapter 486.

Reported the same back with the following amendments:

Page 3, line 3, delete "shall" and insert "may"

Page 3, line 4, delete "void" and insert "voidable all or in part"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 352, A bill for an act relating to health; directing the commissioner of health to exempt certain wading pools from the requirements for public swimming pools.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

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

H. F. No. 356, A bill for an act relating to human services; modifying financial eligibility criteria for the consumer support program; requiring maximum use of federal funds for the program; amending Minnesota Statutes 1998, section 256.476, subdivisions 3, 7, and 8.

Reported the same back with the following amendments:

Page 3, line 22, before the period, insert "by June 1, 1999"

Page 3, after line 22, insert:

"Sec. 4. [EFFECTIVE DATE.]

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

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 370, A bill for an act relating to agriculture; permitting distribution of nonregistered pesticides for certain uses outside the state; amending Minnesota Statutes 1998, section 18B.26, subdivision 1.

Reported the same back with the following amendments:


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 450

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 18B.26, subdivision 1, is amended to read:

Subdivision 1. [REQUIREMENT.] (a) Except as provided in paragraphs (b) to (d), a person may not use or distribute a pesticide in this state unless it is registered with the commissioner. Pesticide registrations expire on December 31 of each year and may be renewed on or before that date for the following calendar year.

(b) Registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as an ingredient in the formulation of a pesticide that is registered under this chapter.

(c) An unregistered pesticide that was previously registered with the commissioner may be used for a period of two years following the cancellation of the registration of the pesticide, unless the commissioner determines that the continued use of the pesticide would cause unreasonable adverse effects on the environment, or with the written permission of the commissioner. To use the unregistered pesticide at any time after the two-year period, the pesticide end user must demonstrate to the satisfaction of the commissioner, if requested, that the pesticide has been continuously registered under a different brand name or by a different manufacturer and has similar composition, or, the pesticide end user obtains the written permission of the commissioner.

(d) The commissioner may allow specific pesticide products that are not registered with the commissioner to be distributed in this state for use in another state.

(e) Each pesticide with a unique United States Environmental Protection Agency pesticide registration number or a unique brand name must be registered with the commissioner.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective retroactive to January 1, 1999."

With the recommendation that when so amended the bill pass.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 389, A bill for an act relating to the city of Fergus Falls; authorizing the expenditure of certain tax increments.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes without further recommendation.

The report was adopted.

Smith from the Committee on Civil Law to which was referred:

H. F. No. 423, A bill for an act relating to family law; clarifying support withholding of income from certain independent contractors in the motor carrier industry; amending Minnesota Statutes 1998, section 518.6111, by adding a subdivision.

Reported the same back with the following amendments:


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 451

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 518.551, is amended by adding a subdivision to read:

Subd. 5g. [INDEPENDENT CONTRACTORS IN THE MOTOR CARRIER INDUSTRY.] For the purpose of determining income under subdivision 5b, paragraph (f), the ordinary and necessary business expenses of independent contractors who provide driving services or motor carrier equipment in the motor carrier industry shall include, but are not limited to:

(1) expenses for lease, rental, or other payments for tractors;

(2) repairs and maintenance;

(3) fuel;

(4) license and permit costs;

(5) tires, batteries, and other parts;

(6) insurance;

(7) vehicle taxes; and

(8) employee wages when the independent contractor does not personally provide the driving services required by the contract.

Independent contractors in the motor carrier industry must still provide all income documentation required by this chapter, court rule, or court or administrative order and maintain the burden of proving their expenses.

Sec. 2. Minnesota Statutes 1998, section 518.6111, is amended by adding a subdivision to read:

Subd. 5a. [INDEPENDENT CONTRACTORS IN THE MOTOR CARRIER INDUSTRY.] (a) Payors of funds in the motor carrier industry must withhold and transmit to the public authority up to, but no more than, 50 percent of the gross funds due to independent contractors in the motor carrier industry who provide driver services or motor carrier equipment until the independent contractor's current support obligations and arrears are fulfilled.

(b) The above limitation is intended only to limit the amount to be deducted from individual payments and is not intended to limit the support obligations or arrears duly entered and owing pursuant to a court or administrative order. Obligors who cannot meet duly ordered support obligations must file a proper motion and make the showings required by this chapter to reduce the support amount.

(c) The percentages of gross funds referred to in this subdivision apply only to the amounts that must be withheld and should not be used as guidelines to determine the proper support amounts under section 518.551. Nothing in this subdivision prevents the public authority or any other interested party from utilizing other enforcement mechanisms provided under law to enforce support payments or collect arrears."

Delete the title and insert:

"A bill for an act relating to family law; child support; providing for consideration of certain ordinary and necessary business expenses for independent contractors in the motor carrier industry; providing maximum withholding amounts for funds owed to independent contractors in the motor carrier industry; amending Minnesota Statutes 1998, sections 518.551, by adding a subdivision; and 518.6111, by adding a subdivision."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 452

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 450, A bill for an act relating to tax increment financing; permitting pooling of increments by certain districts in the city of Duluth.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes without further recommendation.

The report was adopted.

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

H. F. No. 454, A bill for an act relating to health; modifying requirements for nursing home administrators; amending Minnesota Statutes 1998, section 144A.04, subdivision 5.

Reported the same back with the following amendments:

Page 1, line 10, after the period, insert "Notwithstanding sections 144A.19 to 144A.27,"

Page 1, line 11, strike "31" and insert "32"

Page 1, line 12, before the period, insert "without being licensed as a nursing home administrator, provided the director of nursing services has passed the state law and rules examination administered by the board of examiners for nursing home administrators and maintains evidence of completion of 20 hours of continuing education each year on topics pertinent to nursing home administration"

Page 2, after line 20, insert:

"Sec. 2. Minnesota Statutes 1998, section 144A.04, subdivision 7a, is amended to read:

Subd. 7a. [DIRECTOR OF NURSING SERVICES.] Except as otherwise provided by this subdivision and subdivision 5, a nursing home must have a full-time director of nursing services who is assigned full time to the nursing services of the nursing home. For nursing homes with less than 32 beds, the director of nursing services may also serve as the licensed nursing home administrator without being licensed by the board of examiners for nursing home administrators under sections 144A.19 to 144A.27. For purposes of this requirement, "full time" means working at least 35 hours per week. The director of nursing services of a nursing home may also serve as the director of nursing services of a physically attached hospital if:

(1) the hospital has an average daily census of ten patients or less in the most recent reporting year for which data is available;

(2) the total combined beds of the hospital and nursing home do not exceed 100; and

(3) the management of the two facilities is under the control and direction of the same governing body.

Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 4, delete "subdivision" and insert "subdivisions" and before the period, insert "and 7a"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 453

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 544, A resolution urging the Office of the United States Trade Representative to forcefully and promptly address and resolve violations of international trade agreements and discriminatory practices by the Province of Ontario and Canadian officials that are injuring Minnesota border lakes tourism businesses.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 5, 346, 352, 356, 370, 423, 454 and 544 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 121 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Mariani; Clark, K.; Mahoney; Chaudhary; Nornes and Luther introduced:

H. F. No. 876, A bill for an act relating to children; providing child care grants for African immigrant and refugee families and their children; appropriating money.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Wolf, Koskinen, Gunther and Trimble introduced:

H. F. No. 877, A bill for an act relating to reemployment insurance; making technical changes; modifying procedures; complying with federal requirements; modifying definitions; amending Minnesota Statutes 1998, sections 268.035, subdivisions 3, 4, 5, 6, 8, 12, 14, 15, 18, 20, 24, 30, 32, and by adding a subdivision; 268.042, subdivision 3; 268.045; 268.047, subdivisions 1, 2, 3, and 4; 268.048; 268.051, subdivisions 1, 2, 3, 4, 5, and 8; 268.052; 268.053; 268.057, subdivisions 4 and 10; 268.058; 268.0625; 268.064; 268.065; 268.067; 268.068; 268.069; 286.07; 268.085; 268.095; 268.101; 268.103, by adding a subdivision; 268.105; 268.115; 268.125, subdivisions 1, 4, and 5; 268.135; 268.145; 268.155; 268.18; 268.182; 268.186; 268.188; 268.192, subdivision 2; 268.194; 268.196; 268.198; 268.21; 268.23; and 268.30, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1998, sections 268.021; and 268.057, subdivisions 8 and 9; Minnesota Rules, parts 3305.0100; 3305.0200; 3305.0300; 3305.0400; 3305.0400; 3305.0500; 3305.0600; 3305.0700; 3305.0800; 3305.0900; 3305.1100; 3310.1500; 3310.1600; 3310.1700; 3310.1800; 3310.1900; 3310.2000; 3310.2100; 3310.2200; 3310.5100; and 3310.5800.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 454

Bishop introduced:

H. F. No. 878, A bill for an act relating to public administration; making deficiency appropriations for state government operations; appropriating money.

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

Knoblach, Hilty, Pelowski, Osskopp and Rhodes introduced:

H. F. No. 879, A bill for an act relating to governmental operations; providing for regulatory relief for local units of government; proposing coding for new law in Minnesota Statutes, chapter 14.

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

Mulder and Sykora introduced:

H. F. No. 880, A bill for an act relating to children; directing the commissioner of children, families, and learning to develop a plan for consolidating child care and early childhood education programs.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Dawkins, Greiling, Hausman and Mares introduced:

H. F. No. 881, A bill for an act relating to Ramsey county; clarifying the county's role in the after-school enrichment program.

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

Tomassoni introduced:

H. F. No. 882, A bill for an act relating to education; extending levy for retired employee benefits; amending Minnesota Statutes 1998, section 126C.41, subdivision 2.

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

Nornes, Sykora, Abeler, Chaudhary and Mariani introduced:

H. F. No. 883, A bill for an act relating to children; appropriating money from the special revenue fund for matching chemical abuse prevention grants through a collaborative organization.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Tuma, Biernat, Buesgens, Molnau, Entenza, Gray, Murphy, Skoe and Otremba introduced:

H. F. No. 884, A bill for an act relating to education; continuing support of the learn and earn graduation achievement program; appropriating money.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 455

Mares and Murphy introduced:

H. F. No. 885, A bill for an act relating to retirement; modifying various public pension plan provisions; providing for uniformity in various administrative provisions; modifying definitions; making technical and administrative changes; establishing a pilot program; amending Minnesota Statutes 1998, sections 3A.03, subdivision 2; 122A.46, subdivision 2; 352.01, subdivision 26; 352.03, subdivision 1; 352.04, subdivision 8; 352.12, subdivisions 2 and 2a; 352.22, subdivision 2; 352B.01, subdivisions 3 and 10; 352B.11, subdivisions 1 and 2; 352D.05, subdivision 3; 352D.06, subdivision 3; 352D.09, subdivision 5a; 353.01, subdivisions 6, 15a, and 28; 353.03, subdivision 4; 353.15, subdivision 2; 353.32, subdivisions 1a and 1b; 353.33, subdivisions 2, 6, 7, and 9; 353.34, subdivision 3; 353.656, subdivisions 1, 3, and 4; 353.71, subdivision 2; 353B.11, subdivision 3; 354.05, subdivisions 2, 8a, 35, 37, and 40; 354.06, subdivision 1; 354.091; 354.092, subdivision 2; 354.093; 354.094, subdivision 1; 354.10, subdivisions 2 and 4; 354.35; 354.445; 354.46, subdivisions 2 and 2a; 354.48, subdivision 6; 354.49, subdivision 1; 354.52, subdivisions 3, 4, 4a, and 4b; 354.63, subdivision 2; 356.30, subdivision 1; 490.121, subdivision 17; and 490.124, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 356; repealing Minnesota Statutes 1998, sections 353.024; and 354.52, subdivision 2.

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

Erhardt, Dorman, Rest, Carruthers, Abrams and McCollum introduced:

H. F. No. 886, A bill for an act relating to taxation; exempting state agency libraries from the sales and use tax; amending Minnesota Statutes 1998, section 297A.25, subdivision 11.

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

Gunther, Harder, Wolf, Holsten and Jennings introduced:

H. F. No. 887, A bill for an act relating to taxation; property; exempting certain electric generation peaking facilities; amending Minnesota Statutes 1998, section 272.02, subdivision 1.

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

Erickson, Schumacher, Kielkucki, Greiling and Nornes introduced:

H. F. No. 888, A bill for an act relating to libraries; appropriating money for basic system support grants and multicounty, multitype library systems.

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

Van Dellen, Hasskamp, Davids and Goodno introduced:

H. F. No. 889, A bill for an act relating to consumer protection; prohibiting certain unsolicited telephone calls at certain times of day; amending Minnesota Statutes 1998, sections 325E.26, by adding a subdivision; and 325E.30.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 456

Abrams and Rest introduced:

H. F. No. 890, A bill for an act relating to taxation; reducing income tax rates and changing the brackets; reducing marriage penalties; eliminating accelerated liability for sales, cigarettes and tobacco, and liquor taxes; exempting sales to veterans homes from the sales and use tax; exempting sales of tangible personal property used in the production of television commercials from the sales and use tax; changing administration of the sales tax exemption for capital equipment; changing the passenger automobile registration tax; providing for agricultural assistance; eliminating payments; transferring funds; canceling appropriations; appropriating money; amending Minnesota Statutes 1998, sections 168.013, subdivision 1a; 289A.11, subdivision 1; 289A.18, subdivision 4; 289A.20, subdivision 4; 289A.56, subdivision 4; 290.06, subdivisions 2c and 2d; 297A.25, subdivision 11, and by adding a subdivision; and 297F.09, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 1998, sections 289A.60, subdivision 15; 297A.15, subdivision 5; 297F.09, subdivision 6; and 297G.09, subdivision 5.

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

Biernat, Buesgens, Skoglund and Stanek introduced:

H. F. No. 891, A bill for an act relating to traffic regulations; authorizing commissioner of transportation to conduct a pilot project using photographic evidence in the enforcement of traffic signal laws; appropriating money; amending Minnesota Statutes 1998, sections 169.06, by adding a subdivision; and 171.12, subdivision 6.

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

Stanek, Smith, Skoglund and McGuire introduced:

H. F. No. 892, A bill for an act relating to crime; establishing a demonstration grant program for coordinated criminal justice strategies; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Dorman, Finseth, Ness, Winter and Wenzel introduced:

H. F. No. 893, A bill for an act relating to agriculture; changing and clarifying provisions of the warehouse law; amending Minnesota Statutes 1998, sections 231.01; 231.04; 231.08; 231.09; 231.11; 231.12; 231.13; 231.14; 231.15; 231.16; 231.17; 231.18, subdivisions 1 and 6; 231.24; 231.28; 231.34; 231.36; 231.37; 231.38; and 231.39; repealing Minnesota Statutes 1998, sections 231.02; 231.03; 231.05; 231.06; 231.07; 231.10; 231.15; and 231.35.

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

Tingelstad; Dempsey; Kielkucki; Nornes; Haake; Erickson; Larsen, P., and Johnson introduced:

H. F. No. 894, A bill for an act relating to education; authorizing funding for facilities management; requiring a local match; appropriating money; amending Minnesota Statutes 1998, section 126C.10, subdivision 13.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 457

Tingelstad; Dempsey; Kielkucki; Haake; Erickson; Larsen, P., and Johnson introduced:

H. F. No. 895, A bill for an act relating to education; creating a facilities management procedure; amending Minnesota Statutes 1998, section 123B.57, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Larsen, P.; Jennings; Molnau; Milbert; Sviggum; Paulsen; Workman; Gerlach; Abrams; Bishop; Haas; Rifenberg; Seagren; Tuma; Reuter; Gleason; Vandeveer; Clark, J.; Pelowski and Pugh introduced:

H. F. No. 896, A bill for an act relating to land use; precluding the termination of lawful land uses by amortization; amending Minnesota Statutes 1998, sections 394.21, by adding a subdivision; and 462.357, by adding a subdivision.

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

Stanek, Bishop and Rostberg introduced:

H. F. No. 897, A bill for an act relating to firearms; modifying the procedure for applying for and obtaining a permit to carry a pistol; designating the county sheriff as the application authority; clarifying the basis for granting or denying a permit to carry; providing for administrative review of permit denials; imposing criminal penalties; amending Minnesota Statutes 1998, section 624.714, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, and by adding subdivisions; repealing Minnesota Statutes 1998, section 624.714, subdivision 10.

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

Leppik; Carlson; Clark, K.; Van Dellen and Abrams introduced:

H. F. No. 898, A bill for an act relating to taxation; exempting sales to outpatient surgical centers from the sales and use tax; amending Minnesota Statutes 1998, section 297A.25, subdivision 63.

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

Dawkins; Clark, K.; Greenfield; Orfield and Kahn introduced:

H. F. No. 899, A bill for an act relating to the capitol area; directing the capitol area architectural and planning board and the Minnesota historical society to cooperate with the Philippine study group of Minnesota in causing a corrective plaque to the placed in the state capitol; appropriating money.

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

Rest, Rhodes, Dawkins and Leighton introduced:

H. F. No. 900, A bill for an act relating to income taxes; modifying the percentages for the working family credit; amending Minnesota Statutes 1998, section 290.0671, subdivision 1.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 458

Huntley and Jaros introduced:

H. F. No. 901, A bill for an act relating to appropriations; appropriating money for water and sewer extension to the Fond du Lac area.

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

Winter, Tunheim, Schumacher and Tomassoni introduced:

H. F. No. 902, A bill for an act relating to education; providing an inflationary increase in the general education formula allowance; fully funding special education excess cost; restoring funding for the interactive television program; creating a declining pupil unit aid; restoring the bus purchase levy; providing additional funding for full implementation of the graduation rule; repealing the three additional school days; amending Minnesota Statutes 1998, sections 120B.05; 123B.92, by adding a subdivision; 125A.79, subdivisions 2 and 3; 126C.10, subdivisions 1, 2, and by adding a subdivision; 126C.40, subdivision 4; repealing Minnesota Statutes 1998, section 120A.41.

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

Winter introduced:

H. F. No. 903, A bill for an act relating to education; appropriating money for the high school student entrepreneurship program at independent school district No. 175, Westbrook.

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

Folliard; Larson, D.; Kelliher; Rhodes and Erhardt introduced:

H. F. No. 904, A bill for an act relating to transportation; appropriating money for highway noise barriers; authorizing state bonds; proposing coding for new law in Minnesota Statutes, chapter 174.

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

Westerberg, Stanek, Haake, Broecker and Abeler introduced:

H. F. No. 905, A bill for an act relating to crime; providing criminal penalties for persons who own, operate, or have physical control of vehicles with intent to conceal or transport contraband in specially designated compartments; authorizing the civil forfeiture of vehicles containing illegal compartments; amending Minnesota Statutes 1998, section 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Jennings, Davids, McGuire, Workman and Stanek introduced:

H. F. No. 906, A bill for an act relating to insurance; no-fault auto; limiting recovery by uninsured motorists; proposing coding for new law in Minnesota Statutes, chapter 65B.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 459

Cassell, Nornes, Erickson, Folliard and Greiling introduced:

H. F. No. 907, A bill for an act relating to education; appropriating money for a school administrators recruitment program.

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

Dawkins, Hausman and Mares introduced:

H. F. No. 908, A bill for an act relating to counties; permitting county recorders to require minimum deposits in certain cases; amending Minnesota Statutes 1998, section 386.78.

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

Paymar and Opatz introduced:

H. F. No. 909, A bill for an act relating to advertising devices; prohibiting erection of additional billboards near roads and highways; restricting maintenance of advertising devices; amending Minnesota Statutes 1998, sections 173.02, subdivisions 8 and 13; 173.03; 173.05; 173.06, subdivision 1; 173.07, subdivision 1; 173.08, subdivision 1; 173.13, subdivisions 1, 2, and 4; 173.16, subdivisions 4 and 5; and 173.231; repealing Minnesota Statutes 1998, sections 173.01; 173.13, subdivision 5; and 173.17.

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

Finseth, Tunheim, Lieder, Skoe and Mulder introduced:

H. F. No. 910, A bill for an act relating to health; appropriating money for rural mental health services.

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

Sykora, Abeler, Luther and Johnson introduced:

H. F. No. 911, A bill for an act relating to education; clarifying the method of payment of wages by school districts and public school entities; amending Minnesota Statutes 1998, section 181.101.

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

Jennings introduced:

H. F. No. 912, A bill for an act relating to human services; redefining geographic groups for medical assistance reimbursement purposes; authorizing the commissioner of human services to negotiate rate increases with certain nursing facilities under certain circumstances; appropriating money; amending Minnesota Statutes 1998, section 256B.431, subdivision 2b, and by adding a subdivision.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 460

Stanek introduced:

H. F. No. 913, A bill for an act relating to crime; appropriating money for grants to allow local law enforcement agencies to assign overtime officers to high crime areas within their jurisdictions.

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

Krinkie, Rhodes, Pawlenty, Pugh and Rest introduced:

H. F. No. 914, A bill for an act relating to charitable organizations; requiring annual reports to include information on funding received from government agencies; amending Minnesota Statutes 1998, section 309.53, by adding a subdivision.

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

Jennings introduced:

H. F. No. 915, A bill for an act relating to health; providing an exception to the moratorium on nursing facility beds; amending Minnesota Statutes 1998, section 144A.071, subdivision 4a.

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

Rifenberg introduced:

H. F. No. 916, A bill for an act relating to human services; creating an exemption from the spend-up limit for nursing facility rates; amending Minnesota Statutes 1998, section 256B.431, by adding a subdivision.

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

Knoblach, Finseth and Bakk introduced:

H. F. No. 917, A bill for an act relating to the environment; appropriating money for the development of a cost-benefit model for water quality standards.

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

Kielkucki, Tomassoni, Howes, Solberg and Gunther introduced:

H. F. No. 918, A bill for an act relating to appropriations; appropriating money for the taconite mining grant program.

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

Kuisle, Kalis, Westrom and Lieder introduced:

H. F. No. 919, A bill for an act relating to railroads; extending right of first refusal to leaseholders of real property in railroad right-of-way; requiring railroad interests to provide notice; making technical changes; amending Minnesota Statutes 1998, sections 222.631; and 222.632.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 461

Koskinen, Otremba, Luther, Huntley, Greenfield, Dorn and McCollum introduced:

H. F. No. 920, A bill for an act relating to health; expanding the eligibility for single adults and households with no children for the MinnesotaCare program; creating an exemption in the health coverage requirement of the MinnesotaCare program; appropriating money for the senior citizen drug program; amending Minnesota Statutes 1998, sections 256L.04, subdivision 7; and 256L.07, subdivisions 1 and 3.

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

Jaros, Huntley and Murphy introduced:

H. F. No. 921, A bill for an act relating to appropriations; appropriating money to repair and restore the aerial lift bridge in Duluth.

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

Solberg; Anderson, I., and Howes introduced:

H. F. No. 922, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land that borders public water in Itasca county.

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

Seifert, J.; Wilkin; Bradley; Mulder; Otremba and Reuter introduced:

H. F. No. 923, A bill for an act relating to education; requiring schools and libraries that provide Internet access to restrict certain materials from minors; requiring school districts to adopt or amend policies on Internet use; proposing coding for new law in Minnesota Statutes, chapters 125B; and 134.

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

Luther, McCollum, Abeler and Otremba introduced:

H. F. No. 924, A bill for an act relating to human services; allowing excess TANF funds for use to fund child care.

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

Vandeveer and Westerberg introduced:

H. F. No. 925, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Washington county.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 462

Chaudhary and Johnson introduced:

H. F. No. 926, A bill for an act relating to economic development; providing for a grant to the Minnesota historical society to refurbish the Fridley historical museum; appropriating money.

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

Folliard; Larsen, P., and Rhodes introduced:

H. F. No. 927, A bill for an act relating to elections; providing for updated voter records; amending Minnesota Statutes 1998, section 201.13, by adding a subdivision.

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

Hackbarth, Tingelstad, Bakk, Osskopp and Hausman introduced:

H. F. No. 928, A bill for an act relating to recreational vehicles; prohibiting the use of metal traction devices on paved public trails; requiring a metal traction device sticker; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 1998, section 84.871, subdivision 2; and Laws 1998, chapter 401, section 23.

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

Carlson and Mares introduced:

H. F. No. 929, A bill for an act relating to education; giving school districts flexibility in the school calendar to accommodate construction projects; amending Minnesota Statutes 1998, section 120A.40.

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

Pelowski and Rifenberg introduced:

H. F. No. 930, A bill for an act relating to community development; providing a grant to the Winona county historical society from the Minnesota historical society for a technology upgrade project with statewide applications; appropriating money.

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

Larsen, P.; Holsten; Harder; Abrams and Marko introduced:

H. F. No. 931, A bill for an act relating to taxation; providing for the taxation of local government units under a cooperation and combination plan; amending Minnesota Statutes 1998, section 465.82, by adding a subdivision.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 463

Holsten, Haas, Bakk, Howes and Osthoff introduced:

H. F. No. 932, A bill for an act relating to natural resources; appropriating money to the commissioner of natural resources to offset administrative costs charged to the game and fish fund and to improve walleye stocking.

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

Holberg; Ozment; Pugh; Anderson, B.; Rhodes; Wilkin; McElroy and Westerberg introduced:

H. F. No. 933, A bill for an act relating to the legislature; coordinating legislative districts and congressional districts; amending Minnesota Statutes 1998, sections 2.021; and 2.031, subdivision 1.

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

Greenfield introduced:

H. F. No. 934, A bill for an act relating to human services; providing an exemption from the nursing facility spend-up and high cost limits; amending Minnesota Statutes 1998, section 256B.431, by adding a subdivision.

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

Olson, Luther, McCollum and Folliard introduced:

H. F. No. 935, A bill for an act relating to education; authorizing lap and shoulder belts on school buses; requiring training on appropriately using lap and shoulder belts; requiring a local match; authorizing a levy; appropriating money; amending Minnesota Statutes 1998, sections 123B.90, subdivisions 2, 3, and by adding a subdivision; 123B.92, by adding a subdivision; 169.447, by adding subdivisions; and 169.4502, by adding a subdivision.

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

Clark, K.; Hausman; Mariani; Trimble and Greenfield introduced:

H. F. No. 936, A bill for an act relating to health; enacting the Medical Marijuana Act to protect seriously ill patients from prosecution and prison for using medicinal marijuana under a medical doctor's supervision; imposing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 152.

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

Tunheim introduced:

H. F. No. 937, A bill for an act relating to state procurement; authorizing the commissioner of administration to award a preference of as much as six percent in the amount bid for specified goods or services to small businesses; amending Minnesota Statutes 1998, section 16C.16, subdivisions 6 and 7.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 464

Dawkins introduced:

H. F. No. 938, A bill for an act relating to traffic regulations; allowing vehicles of disabled persons to be parked without time restrictions at certain nonmetered parking spaces; amending Minnesota Statutes 1998, section 169.345, subdivision 1.

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

Workman; Molnau; Swenson; Lieder; Juhnke; Clark, J., and Kuisle introduced:

H. F. No. 939, A bill for an act relating to transportation; providing for highway and transit funding; allocating spending from trunk highway fund; prohibiting preference for union contractors; changing definition of prevailing wage rate; allocating traffic fines and forfeited bail; providing for a task force; amending Minnesota Statutes 1998, sections 16C.25; 160.02, subdivision 7, and by adding a subdivision; 161.04, by adding a subdivision; 174.01, by adding a subdivision; 174.02, by adding a subdivision; 177.42, subdivision 6; 299D.01, by adding a subdivision; 299D.03, subdivision 5; and 471.345, subdivision 7.

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

Kubly, Skoe, Peterson, Gunther and Otremba introduced:

H. F. No. 940, A bill for an act relating to property taxes; increasing the first-tier valuation limit for agricultural homestead property; providing for increased state aid; amending Minnesota Statutes 1998, sections 273.13, subdivision 23; and 273.1398, subdivision 1a.

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

Kubly, Gunther, Lieder, Skoe and Wenzel introduced:

H. F. No. 941, A bill for an act relating to taxation; property; extending homestead treatment for certain agricultural property; amending Minnesota Statutes 1998, section 273.124, subdivisions 1 and 14.

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

Mariani and Jennings introduced:

H. F. No. 942, A bill for an act relating to human services; creating an exception to the 60-month lifetime limit on MFIP benefits for families with incapacitated members; establishing a program to support MFIP participants who are meeting federal work participation requirements; appropriating money; amending Minnesota Statutes 1998, section 256J.42, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256J.

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

Jennings and Mariani introduced:

H. F. No. 943, A bill for an act relating to human services; adding an income exclusion for the Minnesota family investment program; amending Minnesota Statutes 1998, section 256J.21, subdivision 2.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 465

Mariani, Huntley and Tingelstad introduced:

H. F. No. 944, A bill for an act relating to welfare; changing MFIP sanctions; amending Minnesota Statutes 1998, sections 256J.46; and 256J.57, subdivisions 1 and 2.

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

Huntley, Otremba and Koskinen introduced:

H. F. No. 945, A bill for an act relating to human services; making changes to the Minnesota family investment program (MFIP); appropriating money; amending Minnesota Statutes 1998, sections 256J.52, subdivision 2; and 256J.53, subdivisions 1, 2, and 3; repealing Minnesota Statutes 1998, section 256J.53, subdivision 4.

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

Jennings; Clark, K.; Gunther; Hilty and Lieder introduced:

H. F. No. 946, A bill for an act relating to financial institutions; providing for the debiting of checks; proposing coding for new law in Minnesota Statutes, chapter 48.

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

Howes, Goodno, McCollum and Jennings introduced:

H. F. No. 947, A bill for an act relating to health occupations; establishing licensing requirements for occupational therapists and occupational therapy assistants; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, parts 4666.0010; 4666.0020; 4666.0030; 4666.0040; 4666.0050; 4666.0060; 4666.0070; 4666.0080; 4666.0090; 4666.0100; 4666.0200; 4666.0300; 4666.0400; 4666.0500; 4666.0600; 4666.0700; 4666.0800; 4666.0900; 4666.1000; 4666.1100; 4666.1200; 4666.1300; and 4666.1400.

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

Huntley, Mulder, Goodno, Wilkin and Otremba introduced:

H. F. No. 948, A bill for an act relating to gambling; creating adolescent compulsive gambling grant; appropriating money.

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

Abeler, Otremba, Luther, Wejcman, Howes, Nornes and Carlson introduced:

H. F. No. 949, A bill for an act relating to health occupations; clarifying licensure requirements for the practice of midwifery; amending Minnesota Statutes 1998, sections 147.09; 148.30; 148.31; and 148.32; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, parts 5600.2000; and 5600.2100.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 466

Daggett, Davids, Smith, Lieder and Entenza introduced:

H. F. No. 950, A bill for an act relating to consumer protection; regulating certain telephone sales calls; providing remedies; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 325G.

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

Abeler, Mulder, Luther, Otremba and Seifert, J., introduced:

H. F. No. 951, A bill for an act relating to human services; appropriating money.

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

Mulder, Koskinen and Leppik introduced:

H. F. No. 952, A bill for an act relating to health; creating the ability for health care providers to designate a credentials verification entity; proposing coding for new law as Minnesota Statutes, chapter 145D.

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

Gleason, Carlson, Mares, Storm and Nornes introduced:

H. F. No. 953, A bill for an act relating to education; providing for termination of participation in the enrollment options program for certain truant students; amending Minnesota Statutes 1998, section 124D.03, by adding a subdivision.

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

Buesgens; Wilkin; Seifert, M.; Kielkucki; Entenza; Opatz and Biernat introduced:

H. F. No. 954, A bill for an act relating to education; providing for substitute teacher licenses; modifying consecutive years of a teacher's probationary period as consecutive school years; amending Minnesota Statutes 1998, sections 122A.18, by adding a subdivision; and 122A.40, subdivision 5.

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

McCollum introduced:

H. F. No. 955, A bill for an act relating to recreation; appropriating money for a regional trail.

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

McCollum introduced:

H. F. No. 956, A bill for an act relating to crimes; imposing felony penalty for three-time DWI offenders; amending Minnesota Statutes 1998, sections 169.121, subdivisions 3 and 3e; 169.129, subdivisions 2 and 3; 360.0752, subdivisions 1 and 6; 609.02, subdivision 2; 609.035, subdivision 2; 609.105, subdivision 3; 609.135, subdivision 2; and 609.15, subdivision 2; repealing Minnesota Statutes 1998, section 609.02, subdivision 2a.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 467

McCollum introduced:

H. F. No. 957, A bill for an act relating to taxation; reducing the rates of the taxes on lawful gambling; amending Minnesota Statutes 1998, section 297E.02, subdivisions 1, 4, and 6.

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

Greenfield, Huntley and Koskinen introduced:

H. F. No. 958, A bill for an act relating to human services; authorizing employers to provide workers' compensation health benefits through broader health insurance; authorizing the commissioner of human services to contract with certain nursing facilities to provide 24-hour health coverage to employees; appropriating money; amending Minnesota Statutes 1998, sections 176.135, subdivision 1; and 256B.434, by adding a subdivision.

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

Goodno, Bradley, Greenfield, Huntley and Boudreau introduced:

H. F. No. 959, A bill for an act relating to human services; amending Minnesota Statutes 1998, section 256D.44, subdivision 5.

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

Seagren, Wolf and Lenczewski introduced:

H. F. No. 960, A bill for an act relating to state lands; authorizing commissioner of human services to sell certain surplus state land to the Bloomington housing and redevelopment authority.

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

Pawlenty; Sykora; McGuire; Boudreau; Pugh; Wejcman; Nornes; Chaudhary; Entenza; Mulder; Dorn; Clark, K.; Solberg; Abeler and Gray introduced:

H. F. No. 961, A bill for an act relating to family; appropriating money for the family asset program.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Winter introduced:

H. F. No. 962, A bill for an act relating to human services; providing an exemption from the nursing facility spend-up and high cost limits; amending Minnesota Statutes 1998, section 256B.431, by adding a subdivision.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 468

Knoblach, Smith, McGuire, Fuller, Hackbarth, Westerberg and Broecker introduced:

H. F. No. 963, A bill for an act relating to firefighters; authorizing certain background investigations; requiring disclosures of certain employment information; providing civil and criminal penalties; providing employers immunity for certain disclosures; amending Minnesota Statutes 1998, section 604A.31, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

Bishop; Smith; Larsen, P.; Skoglund and Westerberg introduced:

H. F. No. 964, A bill for an act relating to civil actions; Y2K processing issues; providing for the time of trial of such actions; providing for referral of such actions to a panel of the district court; limiting damages in contract and product liability actions for Y2K processing failures; proposing coding for new law as Minnesota Statutes, chapter 604B.

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

Boudreau and Jennings introduced:

H. F. No. 965, A bill for an act relating to public health; requiring the immunization of students attending the Minnesota state colleges and universities against hepatitis B; proposing coding for new law in Minnesota Statutes, chapter 136F.

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

Rhodes introduced:

H. F. No. 966, A bill for an act relating to transitional housing; appropriating money.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Seifert, M.; Bradley; Clark, J.; Kubly and Jaros introduced:

H. F. No. 967, A bill for an act relating to vocational rehabilitation; appropriating money for centers for independent living.

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

Tingelstad, Mahoney and Jennings introduced:

H. F. No. 968, A bill for an act relating to occupations; modifying provisions relating to plumbers giving bond to the state; amending Minnesota Statutes 1998, section 326.40, subdivisions 2, 4, and 5.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 469

Mulder, Krinkie and Osskopp introduced:

H. F. No. 969, A bill for an act relating to occupations; abolishing the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design; amending Minnesota Statutes 1998, sections 16B.33, subdivision 1; 82B.035, subdivision 3; 103I.205, subdivision 4; 103I.601, subdivision 2; 214.01, subdivision 3; 214.04, subdivision 3; 299M.03, subdivision 1; 319B.02, subdivision 19; 326.53, subdivision 1; 471.371, subdivision 3; 544.42, subdivision 1; and 624.21; repealing Minnesota Statutes 1998, sections 216D.01, subdivision 6a; 326.02; 326.03; 326.031; 326.04; 326.05; 326.06; 326.07; 326.09; 326.10; 326.11; 326.111; 326.12; 326.13; 326.14; and 326.15; Minnesota Rules, chapters 1800; and 1805.

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

Daggett, Kuisle, Storm, Swenson, Hasskamp and Howes introduced:

H. F. No. 970, A bill for an act relating to motor fuels; allowing tax refund for undyed kerosene and racing gasoline; amending Minnesota Statutes 1998, section 296A.16, by adding subdivisions.

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

Mulder introduced:

H. F. No. 971, A bill for an act relating to state lands; authorizing private conveyance of certain surplus state land.

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

McCollum introduced:

H. F. No. 972, A bill for an act relating to employment; regulating employee invention agreements; amending Minnesota Statutes 1998, section 181.78, by adding a subdivision.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 6, A bill for an act relating to recreational vehicles; modifying rulemaking authority; modifying certain restrictions on the use of snowmobile metal traction devices; modifying certain definitions; amending Minnesota Statutes 1998, sections 84.86, subdivision 1; 85.015, subdivision 1c; and 169.1217, subdivision 1; Laws 1998, chapter 401, section 61; repealing Minnesota Statutes 1998, sections 84.871, subdivision 2; and 84.8715; Laws 1998, chapter 401, section 23.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 470

Hackbarth moved that the House concur in the Senate amendments to H. F. No. 6 and that the bill be repassed as amended by the Senate.

Hackbarth moved that the Message from the Senate relating to H. F. No. 6, as amended by the Senate, be continued. The motion prevailed

Mr. Speaker:

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

S. F. Nos. 174, 76, 255, 99, 117, 301, 97 and 424.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 174, A bill for an act relating to crime prevention; requiring certain persons committed as mentally ill and dangerous to the public to register as predatory sex offenders and to be subject to the community notification law; amending Minnesota Statutes 1998, sections 243.166, subdivisions 1, 2, and 6; and 244.052, subdivision 1.

The bill was read for the first time.

Bishop moved that S. F. No. 174 and H. F. No. 228, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 76, A bill for an act relating to crime prevention; eliminating requirement to hold DWI-related vehicle forfeiture proceeding at same time as implied consent hearing; amending Minnesota Statutes 1998, section 169.1217, subdivision 7a.

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

S. F. No. 255, A bill for an act relating to crime; providing that interference with an emergency call is a crime; amending Minnesota Statutes 1998, section 609.78.

The bill was read for the first time.

Paymar moved that S. F. No. 255 and H. F. No. 193, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 99, A bill for an act relating to crime; requiring offenders convicted for failure to appear after release to pay costs incurred by the prosecuting authority or governmental agency due to the failure to appear; amending Minnesota Statutes 1998, section 609.49, subdivisions 1, 2, and by adding a subdivision.

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


Journal of the House - 19th Day - Monday, February 22, 1999 - Top of Page 471

S. F. No. 117, A bill for an act relating to crime; limiting the time period during which a defendant may challenge a restitution request; amending Minnesota Statutes 1998, section 611A.045, subdivision 3.

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

S. F. No. 301, A bill for an act relating to health; modifying the suggested health care directive form, amending Minnesota Statutes 1998, section 145C.16.

The bill was read for the first time.

Luther moved that S. F. No. 301 and H. F. No. 74, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 97, A bill for an act relating to agriculture; exempting hydroponic greenhouses from the corporate farm law; amending Minnesota Statutes 1998, section 500.24, subdivision 2.

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

S. F. No. 424, A bill for an act relating to agriculture; authorizing the commissioner of agriculture to allow the distribution of nonregistered pesticides for certain uses outside the state; amending Minnesota Statutes 1998, section 18B.26, subdivision 1.

The bill was read for the first time.

Harder moved that S. F. No. 424 and H. F. No. 370, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately preceding the remaining bill on the Calendar for the Day, for Monday, February 22, 1999:

H. F. Nos. 40, 56, 60, 371 and 228.

CALENDAR FOR THE DAY

H. F. No. 40, A bill for an act relating to health; allowing a nursing facility resident to request and consent to the use of a physical restraint; amending Minnesota Statutes 1998, section 144.651, by adding subdivisions.

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


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The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 56, A bill for an act relating to civil actions; modifying the limitations provision governing health provider actions; amending Minnesota Statutes 1998, section 541.07; proposing coding for new law in Minnesota Statutes, chapter 541.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Luther Paulsen Storm
Abrams Entenza Howes Mahoney Pawlenty Swenson
Anderson, I. Erhardt Huntley Mares Paymar Sykora
Bakk Erickson Jaros Mariani Pelowski Tingelstad
Biernat Finseth Jennings Marko Peterson Tomassoni
Bishop Folliard Johnson McCollum Pugh Trimble
Boudreau Fuller Juhnke McElroy Rest Tuma
Bradley Gerlach Kahn McGuire Reuter Tunheim
Broecker Gleason Kalis Milbert Rhodes Van Dellen
Buesgens Goodno Kelliher Molnau Rifenberg Vandeveer
Carlson Gray Kielkucki Mulder Rostberg Wagenius
Carruthers Greenfield Knoblach Mullery Rukavina Wejcman

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Cassell Greiling Koskinen Murphy Schumacher Wenzel
Chaudhary Gunther Kubly Ness Seagren Westerberg
Clark, J. Haake Kuisle Nornes Seifert, J. Westfall
Clark, K. Haas Larsen, P. Olson Seifert, M. Westrom
Daggett Hackbarth Larson, D. Opatz Skoe Winter
Davids Harder Leighton Orfield Skoglund Wolf
Dawkins Hasskamp Lenczewski Osskopp Smith Workman
Dehler Hausman Leppik Osthoff Solberg Spk. Sviggum
Dempsey Hilty Lieder Otremba Stanek
Dorman Holberg Lindner Ozment Stang

Those who voted in the negative were:

KrinkieWilkin

The bill was passed and its title agreed to.

H. F. No. 60, A bill for an act relating to health; allowing reimbursement for supplemental private duty nursing services provided by spouses of recipients under the community alternative care home and community-based waivered services program; amending Minnesota Statutes 1998, section 256B.49, 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 129 yeas and 3 nays as follows:

Those who voted in the affirmative were:

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


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Those who voted in the negative were:

Buesgens Kielkucki Krinkie

The bill was passed and its title agreed to.

H. F. No. 371 was reported to the House.

Stang moved to amend H. F. No. 371, the first engrossment, as follows:

Page 1, line 23, after the period, insert:

"If the city council adopts a resolution authorizing an appropriation of an amount over two percent of the annual budget of the city, the council must publish the resolution once each week for two consecutive weeks in the official publication of the city. The resolution may be implemented without the submission of the question to the voters of the city, unless within 21 days after the second publication of the resolution, a petition requesting a referendum, signed by at least ten percent of the voters of the city who voted in the last general election, is filed with the clerk. If a petition is filed, the resolution may be implemented, unless disapproved by a majority of the voters of the city voting on the question at a regular or special election."

Page 2, line 2, after the period, insert:

"If the governing body adopts a resolution authorizing an appropriation of an amount over two percent of the annual budget of the city, county, or town, the governing body must publish the resolution once each week for two consecutive weeks in the official publication of the local government unit. The resolution may be implemented without the submission of the question to the voters of the city, county, or town unless within 21 days after the second publication of the resolution, a petition requesting a referendum, signed by at least ten percent of the voters of the city, county, or town who voted in the last general election is filed with the city clerk, county auditor, or town clerk. If a petition is filed, the resolution may be implemented, unless disapproved by a majority of the voters of the city, county, or town voting on the question at a regular or special election."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 371, A bill for an act relating to local government; removing the limit on the amount a local government may contribute for historical work; permitting local governments to make contributions to public or private, nonprofit senior citizen centers or youth centers; amending Minnesota Statutes 1998, section 471.93; proposing coding for new law in Minnesota Statutes, chapter 471.

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 111 yeas and 20 nays as follows:

Those who voted in the affirmative were:

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

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Dehler Holsten McCollum Pelowski Sykora

Those who voted in the negative were:

Clark, K. Greenfield Kalis Larson, D. Rest Wilkin
Erickson Hausman Kelliher Lenczewski Smith
Gerlach Hilty Kielkucki Mariani Wejcman
Gleason Kahn Krinkie Mulder

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

MOTIONS AND RESOLUTIONS

Smith moved that his name be stricken as an author on H. F. No. 560. The motion prevailed.

Skoglund moved that the name of Stanek be added as an author on H. F. No. 600. The motion prevailed.

Holsten moved that the name of Daggett be added as an author on H. F. No. 710. The motion prevailed.

Knoblach moved that the names of Rifenberg and Erickson be added as authors on H. F. No. 726. The motion prevailed.

Wolf moved that the names of Larsen, P.; Clark, J.; Storm and Tomassoni be added as authors on H. F. No. 731. The motion prevailed.

Reuter moved that the name of Daggett be added as an author on H. F. No. 803. The motion prevailed.

Ness moved that the name of Olson be added as an author on H. F. No. 806. The motion prevailed.

Howes moved that the name of Daggett be added as an author on H. F. No. 807. The motion prevailed.

Greiling moved that her name be stricken as an author on H. F. No. 820. The motion prevailed.

Tomassoni moved that his name be stricken as an author on H. F. No. 820. The motion prevailed.

Solberg moved that the name of Lieder be added as chief author on H. F. No. 831. The motion prevailed.


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Harder moved that the name of Mulder be added as an author on H. F. No. 838. The motion prevailed.

Koskinen moved that the name of Luther be added as an author on H. F. No. 846. The motion prevailed.

Ozment moved that the name of Reuter be added as an author on H. F. No. 855. The motion prevailed.

Workman moved that the name of Mulder be added as an author on H. F. No. 858. The motion prevailed.

Bakk moved that the names of Tunheim and Mulder be added as authors on H. F. No. 865. The motion prevailed.

Westfall moved that H. F. No. 424 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

Bishop moved that H. F. No. 542 be recalled from the Committee on Crime Prevention and be re-referred to the Committee on Judiciary Finance. The motion prevailed.

McCollum moved that H. F. No. 685 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Kahn moved that H. F. No. 246 be returned to its author. The motion prevailed.

Marko moved that H. F. No. 481 be returned to its author. The motion prevailed.

Pawlenty offered the following resolution and moved its adoption:

Resolved, that the Chief Clerk be directed to invite the Governor by message to address a Joint Convention of the House of Representatives and the Senate to be held in the House Chamber on Tuesday, March 2, 1999, and that the Chief Clerk also be instructed to invite the Senate by message. The Joint Convention shall convene at 11:45 a.m., and the address by the Governor shall be delivered at 12:00 noon. The motion prevailed and the resolution was adopted.

Pawlenty offered the following resolution and moved its adoption:

Resolved, that the Speaker be directed to appoint a committee of five members on the part of the House of Representatives to act with a similar committee on the part of the Senate to escort the Governor to the Joint Convention to be held in the House Chamber on Tuesday, March 2, 1999. The Joint Convention shall convene at 11:45 a.m., and the address by the Governor shall be delivered at 12:00 noon. The motion prevailed and the resolution was adopted.

FISCAL CALENDAR ANNOUNCEMENT

Pursuant to rule 1.22, Bishop announced his intention to place H. F. No. 414 on the Fiscal Calendar for Thursday, February 25, 1999.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, February 25, 1999. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, February 25, 1999.

Edward A. Burdick, Chief Clerk, House of Representatives