Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8047

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 2000

__________________

NINETY-EIGHTH DAY

Saint Paul, Minnesota, Wednesday, March 29, 2000

This Journal as a PDF document

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

Prayer was offered by the Reverend David Sohl, Community Alliance Church, Detroit Lakes, Minnesota.

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

The roll was called and the following members were present:

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

A quorum was present.

Seifert, J., was excused.

Mahoney was excused until 10:00 a.m. Orfield was excused until 10:10 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Wolf 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 - 98th Day - Wednesday, March 29, 2000 - Top of Page 8048

REPORTS OF CHIEF CLERK

S. F. No. 1038 and H. F. No. 947, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Howes moved that the rules be so far suspended that S. F. No. 1038 be substituted for H. F. No. 947 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1126 and H. F. No. 1267, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Pawlenty moved that S. F. No. 1126 be substituted for H. F. No. 1267 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1896 and H. F. No. 1662, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Boudreau moved that the rules be so far suspended that S. F. No. 1896 be substituted for H. F. No. 1662 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2499 and H. F. No. 3477, 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. 2499 be substituted for H. F. No. 3477 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2683 and H. F. No. 2889, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hackbarth moved that the rules be so far suspended that S. F. No. 2683 be substituted for H. F. No. 2889 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2761 and H. F. No. 3149, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Holberg moved that the rules be so far suspended that S. F. No. 2761 be substituted for H. F. No. 3149 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8049

S. F. No. 2785 and H. F. No. 3274, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Workman moved that the rules be so far suspended that S. F. No. 2785 be substituted for H. F. No. 3274 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2795 and H. F. No. 3597, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Mares moved that S. F. No. 2795 be substituted for H. F. No. 3597 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2803 and H. F. No. 2969, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Tuma moved that the rules be so far suspended that S. F. No. 2803 be substituted for H. F. No. 2969 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2949 and H. F. No. 2613, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Boudreau moved that the rules be so far suspended that S. F. No. 2949 be substituted for H. F. No. 2613 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3156 and H. F. No. 3610, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Goodno moved that the rules be so far suspended that S. F. No. 3156 be substituted for H. F. No. 3610 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3169 and H. F. No. 3311, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Dawkins moved that the rules be so far suspended that S. F. No. 3169 be substituted for H. F. No. 3311 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8050

S. F. No. 3198 and H. F. No. 3537, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bradley moved that the rules be so far suspended that S. F. No. 3198 be substituted for H. F. No. 3537 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3216 and H. F. No. 2590, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Seagren moved that the rules be so far suspended that S. F. No. 3216 be substituted for H. F. No. 2590 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3259 and H. F. No. 2570, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bradley moved that the rules be so far suspended that S. F. No. 3259 be substituted for H. F. No. 2570 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3410 and H. F. No. 3176, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Boudreau moved that the rules be so far suspended that S. F. No. 3410 be substituted for H. F. No. 3176 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. Nos. 1038, 1126, 1896, 2499, 2683, 2761, 2785, 2795, 2803, 2949, 3156, 3169, 3198, 3216, 3259 and 3410 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Milbert, Leppik, Jennings, Mares and Osthoff introduced:

H. F. No. 4134, A bill for an act relating to education; modifying governance of the state high school league; amending Minnesota Statutes 1998, section 128C.02, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 128C.01, subdivision 4.

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8051

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the following change in the membership of the Conference Committee on H. F. No. 1415:

The name of Krentz has been stricken, and the name of Anderson has been added.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 1590, A bill for an act relating to peace officers; clarifying warrant authority of alcohol and gambling agents; amending Minnesota Statutes 1998, section 626.11.

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 3169, A bill for an act relating to Dakota county; authorizing the county to appoint an additional member to its personnel board of appeals; amending Minnesota Statutes 1998, sections 383D.30, subdivision 1; and 383D.31.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Gerlach moved that the House concur in the Senate amendments to H. F. No. 3169 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3169, A bill for an act relating to Dakota county; making or authorizing organizational, procedural, and authority changes to certain county boards, agencies, and authorities; amending Minnesota Statutes 1998, sections 383D.30, subdivision 1; 383D.31; and 383D.41, subdivision 5, and by adding a subdivision; Minnesota Statutes 1999 Supplement, section 383D.41, subdivision 7.

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8052

The question was taken on the repassage of the bill and the roll was called. There were 122 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Mr. Speaker:

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

H. F. No. 2670, A bill for an act relating to human services; allowing certain individuals to simultaneously receive a one-time family support grant and community-based waivered services; setting a maximum for family support grants; amending Minnesota Statutes 1998, section 252.32, subdivisions 1a and 3.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Bradley moved that the House concur in the Senate amendments to H. F. No. 2670 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2670, A bill for an act relating to human services; allowing certain individuals to simultaneously receive a one-time family support grant and community-based waivered services; setting a maximum for family support grants; amending Minnesota Statutes 1998, section 252.32, subdivisions 1a and 3.

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8053

The question was taken on the repassage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Mr. Speaker:

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

S. F. No. 3023, A bill for an act relating to motor vehicles; modifying vehicle registration and titling provisions; modifying interstate commercial vehicle registration provisions to conform to interstate registration plan; conforming state open bottle law to federal law; allowing exception to requirement of school bus drivers to activate school bus stop signals; adopting federal odometer regulations; modifying provisions to conform to federal standards for emergency vehicle siren; extending allowable length of recreational vehicle combinations; modifying fee provisions; making technical and clarifying changes; amending Minnesota Statutes 1998, sections 168.012, subdivision 7; 168.017, subdivision 3; 168.09, subdivision 6; 168.1235, subdivisions 1 and 4; 168.1291; 168.13; 168.187, subdivision 8; 168.31, subdivision 4; 168.33, subdivision 7; 168.54, subdivisions 5 and 6; 168A.03; 168A.06; 168A.13; 168A.14; 168A.31, subdivision 1; 169.122, subdivisions 1, 2, and 3; 169.443, subdivision 3; 169.68; 169.781, subdivision 3; 169.81, subdivision 3c; 171.20, subdivision 4; and 325E.15; Minnesota Statutes 1999 Supplement, sections 168.15, subdivision 1; 168.16; and 171.29, subdivision 2; Laws 1995, chapter 264, article 2, section 44, as amended; repealing Minnesota Statutes 1998, section 168.1292.

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

Senators Kleis; Kelly, R. C., and Ourada.

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8054

Workman moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3023. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 2806, 2796, 3533, 619, 3386 and 3730.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2806, A bill for an act relating to government data practices; classifying data; providing for access to and sharing of data; authorizing certain restrictions on access to data; clarifying definitions and application provisions; modifying penalty provisions; providing for electronic copies of data; limiting authority of local governments to disseminate private or confidential data; classifying and regulating disclosure of information held by health maintenance organizations; prohibiting monitoring of citizens requesting access to public data; requiring government entities to have a data practices compliance official; providing for administrative remedies; amending Minnesota Statutes 1998, sections 13.01, by adding subdivisions; 13.02, by adding a subdivision; 13.03, subdivision 5; 13.05, subdivision 3, and by adding subdivisions; 13.08, subdivision 4; 13.41, subdivision 2; 13.84, subdivisions 5 and 6; 13.87, subdivision 2; 62D.14, by adding a subdivision; 72A.491, subdivision 17; 119A.03, by adding a subdivision; 270B.14, subdivision 8; and 609.115, subdivision 5; Minnesota Statutes 1999 Supplement, sections 3.979, by adding a subdivision; 13.03, subdivision 3; 13.99, subdivisions 3, 19, and by adding a subdivision; 256.978, subdivision 1; and 268.19; Laws 1999, chapter 216, article 2, section 27, subdivision 1, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 13; and 62D; repealing Minnesota Statutes 1998, section 62D.14, subdivision 4.

The bill was read for the first time.

Holberg moved that S. F. No. 2806 and H. F. No. 3615, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2796, A bill for an act relating to retirement; pension plan actuarial reporting; various public retirement plans; volunteer firefighter relief associations; Minneapolis firefighters relief association; modifying actuarial cost allocation by the legislative commission on pensions and retirement; changing the actuarial value of assets, actuarial assumptions and funding surplus recognition method; revising re-employed annuitant earnings limitations; adding certain prior correctional positions to correctional plan coverage; clarifying various former police and fire consolidation account merger provisions; authorizing certain optional annuity form elections by former consolidation account members; revising local correctional retirement plan membership eligibility; increasing local correctional retirement plan member and employer contribution rates; authorizing the purchase of nonprofit community-based corporation teaching service; expanding investment options for employer matching contribution tax sheltered annuities; modifying various volunteer firefighter relief association benefit and administration provisions; modifying judicial pension provision; modifying the marriage duration requirement for certain Minneapolis firefighter relief association survivor benefits; creating additional Minneapolis police and firefighter relief association post retirement adjustment mechanisms; resolving various individual and small group pension problems; amending Minnesota Statutes 1998, sections 16A.055, subdivision 5; 69.773, subdivision 1; 122A.46, subdivision 1, and by adding a subdivision; 136F.45, subdivision 1a; 352.115, subdivision 10; 352.15, subdivision 1a; 352.91, subdivisions 3c, 3d, and by adding a subdivision; 352B.01, subdivision 3, and by adding a subdivision; 352D.02, subdivision 1; 352D.04,


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8055

subdivision 2; 352D.05, subdivision 3; 352D.06; 352D.09, subdivision 5a; 353.01, subdivisions 2, 6, 11a, 28, 32, and by adding a subdivision; 353.15, subdivision 2; 353.27, subdivisions 4 and 12; 353.33, subdivisions 2 and 6; 353.34, subdivision 1; 353.37, by adding a subdivision; 353.64, subdivisions 2, 3, 4, and by adding a subdivision; 353.656, subdivisions 1 and 3; 353.71, subdivision 2; 353B.11, subdivision 3; 354.05, subdivisions 2 and 35; 354.091; 354.092, subdivision 2; 354.093; 354.094, subdivision 1; 354.10, subdivision 2; 354.35; 354.44, subdivision 5; 354.46, subdivision 2a; 354.47, subdivision 1; 354.48, subdivision 6; 354.49, subdivision 1; 354.52, subdivisions 3, 4, 4a, and 4b; 354.63, subdivision 2; 354A.31, subdivisions 3 and 3a; 354B.23, subdivision 5a; 354C.12, subdivision 1a; 354C.165; 356.215, subdivisions 1, 2, and 4d; 356.24, by adding a subdivision; 356.30, subdivision 1; 356A.01, subdivision 8; 356A.02; 356A.06, subdivision 4, and by adding a subdivision; 423B.01; 424A.001, subdivision 9; 424A.02, subdivisions 3, 7, 9, 13, and by adding a subdivision; 424A.04, subdivision 1; 424A.05, subdivision 3; 490.121, subdivision 4, and by adding a subdivision; 490.123, subdivisions 1a and 1b; and 490.124, subdivision 1; Minnesota Statutes 1999 Supplement, sections 3.85, subdivision 12; 69.021, subdivision 7; 136F.48; 352.1155, subdivisions 1 and 4; 353.01, subdivisions 2b and 10; 353.64, subdivision 1; 353E.02; 353E.03; 353F.02, subdivision 5; 354.445; 354.536, subdivision 1; 354A.101, subdivision 1; 356.215, subdivision 4g; 356.24, subdivisions 1 and 1b; and 423A.02, subdivisions 1b, 4 and 5; Laws 1965, chapter 705, section 1, subdivision 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 69; 352; 353; 354; 354A; 356; and 423B; proposing coding for new law as Minnesota Statutes, chapters 352G; and 424B; repealing Minnesota Statutes 1998, section 353.024; 354.52, subdivision 2; and 424A.02, subdivision 11; Minnesota Statutes 1999 Supplement, sections 356.24, subdivision 1a; and 356.61.

The bill was read for the first time.

Mares moved that S. F. No. 2796 and H. F. No. 2999, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3533, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.

The bill was read for the first time.

Ozment moved that S. F. No. 3533 and H. F. No. 3952, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 619, A bill for an act relating to commerce; regulating collection agencies; exempting out-of-state agencies from licensure under certain conditions; amending Minnesota Statutes 1998, section 332.31, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 332.

The bill was read for the first time.

Paulsen moved that S. F. No. 619 and H. F. No. 562, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3386, A bill for an act relating to higher education; creating a separate subdivision for the salary procedure for the chancellor of the Minnesota state colleges and universities; authorizing chancellors and presidents to receive additional compensation for early contract termination; amending Minnesota Statutes 1998, sections 15A.081, subdivision 7b, and by adding a subdivision; and 136F.40.

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8056

S. F. No. 3730, A bill for an act relating to public finance; exempting certain bonds from the definition of business subsidy; authorizing certain investments by joint powers investment trusts; exempting certain airport obligations from the public sale requirement; providing for state payment of county debt obligations upon potential default; extending sunsets for self-executing special service district and housing improvement district laws; authorizing special assessments for communications facilities; modifying interest rate requirements; increasing bonding authority for the financing of metropolitan area transit and paratransit capital expenditures; altering qualifications for residential rental bonds; providing that the Uniform Commercial Code does not apply to government security interests; appropriating money; amending Minnesota Statutes 1998, sections 118A.05, subdivision 4; 360.036, subdivision 2; 428A.101; 428A.21; 429.021, subdivision 1; 474A.047, subdivision 1; and 475.78; Minnesota Statutes 1999 Supplement, sections 116J.993, subdivision 3; 473.39, subdivision 1g; and 475.56; proposing coding for new law in Minnesota Statutes, chapter 373.

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

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately following the remaining bills on the Calendar for the day, for Wednesday, March 29, 2000:

H. F. Nos. 2999 and 2826; S. F. Nos. 3272 and 3554; H. F. No. 3692; and S. F. Nos. 624 and 2767.

CALENDAR FOR THE DAY

S. F. No. 2828 was reported to the House.

Osskopp moved to amend S. F. No. 2828 as follows:

Page 6, line 11, after "game" insert "at an authorized gambling establishment as defined in section 609.75, subdivision 5,"

The motion prevailed and the amendment was adopted.

Osskopp; Dehler; Dempsey; Gray; Greiling; Luther; Hasskamp; Trimble; Folliard; Rest; Kahn; Daggett; Otremba; Vandeveer; Lenczewski; Erickson; Gunther; Wagenius; Leppik; Opatz; Anderson, B., and Carlson moved to amend S. F. No. 2828, as amended, as follows:

Page 2, after line 8, insert:

"Sec. 3. Minnesota Statutes 1998, section 349.12, subdivision 25, is amended to read:

Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one or more of the following:

(1) any expenditure by or contribution to a 501(c)(3) or festival organization, as defined in subdivision 15a, provided that the organization and expenditure or contribution are in conformity with standards prescribed by the board under section 349.154, which standards must apply to both types of organizations in the same manner and to the same extent;


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8057

(2) a contribution to an individual or family suffering from poverty, homelessness, or physical or mental disability, which is used to relieve the effects of that poverty, homelessness, or disability;

(3) a contribution to an individual for treatment for delayed posttraumatic stress syndrome or a contribution to a program recognized by the Minnesota department of human services for the education, prevention, or treatment of compulsive gambling;

(4) a contribution to or expenditure on a public or private nonprofit educational institution registered with or accredited by this state or any other state;

(5) a contribution to a scholarship fund for defraying the cost of education to individuals where the funds are awarded through an open and fair selection process;

(6) activities by an organization or a government entity which recognize humanitarian or military service to the United States, the state of Minnesota, or a community, subject to rules of the board, provided that the rules must not include mileage reimbursements in the computation of the per occasion reimbursement limit and must impose no aggregate annual limit on the amount of reasonable and necessary expenditures made to support:

(i) members of a military marching or color guard unit for activities conducted within the state; or

(ii) members of an organization solely for services performed by the members at funeral services;

(7) recreational, community, and athletic facilities and activities intended primarily for persons under age 21, provided that such facilities and activities do not discriminate on the basis of gender and the organization complies with section 349.154;

(8) payment of local taxes authorized under this chapter, taxes imposed by the United States on receipts from lawful gambling, the taxes imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on unrelated business income by section 290.05, subdivision 3;

(9) payment of real estate taxes and assessments on permitted gambling premises wholly owned by the licensed organization paying the taxes, not to exceed:

(i) for premises used for bingo, the amount that an organization may expend under board rules on rent for bingo; and

(ii) $35,000 per year for premises used for other forms of lawful gambling;

(10) a contribution to the United States, this state or any of its political subdivisions, or any agency or instrumentality thereof other than a direct contribution to a law enforcement or prosecutorial agency;

(11) a contribution to or expenditure by a nonprofit organization which is a church or body of communicants gathered in common membership for mutual support and edification in piety, worship, or religious observances;

(12) payment of one-half of the reasonable costs of an audit required in section 297E.06, subdivision 4;

(13) a contribution to or expenditure on a wildlife management project that benefits the public at-large, provided that the state agency with authority over that wildlife management project approves the project before the contribution or expenditure is made;

(14) expenditures, approved by the commissioner of natural resources, by an organization for grooming and maintaining snowmobile trails that are (1) grant-in-aid trails established under section 85.019, or (2) other trails open to public use, including purchase or lease of equipment for this purpose; or


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8058

(15) conducting nutritional programs, food shelves, and congregate dining programs primarily for persons who are age 62 or older or disabled; or

(16) a contribution to a community arts organization, or an expenditure to sponsor arts programs in the community, including but not limited to visual, literary, performing, or musical arts.

(b) Notwithstanding paragraph (a), "lawful purpose" does not include:

(1) any expenditure made or incurred for the purpose of influencing the nomination or election of a candidate for public office or for the purpose of promoting or defeating a ballot question;

(2) any activity intended to influence an election or a governmental decision-making process;

(3) the erection, acquisition, improvement, expansion, repair, or maintenance of real property or capital assets owned or leased by an organization, unless the board has first specifically authorized the expenditures after finding that (i) the real property or capital assets will be used exclusively for one or more of the purposes in paragraph (a); (ii) with respect to expenditures for repair or maintenance only, that the property is or will be used extensively as a meeting place or event location by other nonprofit organizations or community or service groups and that no rental fee is charged for the use; (iii) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building, a building owned by the organization and destroyed or made uninhabitable by fire or natural disaster, provided that the expenditure may be only for that part of the replacement cost not reimbursed by insurance; (iv) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building a building owned by the organization that was acquired from the organization by eminent domain or sold by the organization to a purchaser that the organization reasonably believed would otherwise have acquired the building by eminent domain, provided that the expenditure may be only for that part of the replacement cost that exceeds the compensation received by the organization for the building being replaced; or (v) with respect to an expenditure to bring an existing building into compliance with the Americans with Disabilities Act under item (ii), an organization has the option to apply the amount of the board-approved expenditure to the erection or acquisition of a replacement building that is in compliance with the Americans with Disabilities Act;

(4) an expenditure by an organization which is a contribution to a parent organization, foundation, or affiliate of the contributing organization, if the parent organization, foundation, or affiliate has provided to the contributing organization within one year of the contribution any money, grants, property, or other thing of value;

(5) a contribution by a licensed organization to another licensed organization unless the board has specifically authorized the contribution. The board must authorize such a contribution when requested to do so by the contributing organization unless it makes an affirmative finding that the contribution will not be used by the recipient organization for one or more of the purposes in paragraph (a); or

(6) a contribution to a statutory or home rule charter city, county, or town by a licensed organization with the knowledge that the governmental unit intends to use the contribution for a pension or retirement fund."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Rukavina moved to amend S. F. No. 2828, as amended, as follows:

Page 5, line 23, delete "felony" and insert "misdemeanor"


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8059

Page 6, lines 5, 13, 23, 26 and 32, delete "felony" and insert "misdemeanor"

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Abeler Fuller Jaros Mahoney Peterson Tingelstad
Anderson, I. Gerlach Jennings Mariani Pugh Tomassoni
Bakk Gleason Johnson Marko Rostberg Trimble
Biernat Goodno Juhnke McCollum Rukavina Tunheim
Cassell Gray Kelliher McGuire Schumacher Wagenius
Clark, K. Greenfield Koskinen Milbert Skoe Wejcman
Davids Hasskamp Kubly Mullery Skoglund Westrom
Dawkins Hausman Larson, D. Nornes Solberg Winter
Dehler Hilty Leighton Osthoff Stang
Dorman Holsten Lieder Otremba Swapinski
Dorn Huntley Luther Paymar Swenson

Those who voted in the negative were:

Abrams Dempsey Holberg Mares Pelowski Van Dellen
Anderson, B. Entenza Howes McElroy Rest Vandeveer
Bishop Erhardt Kahn Molnau Reuter Wenzel
Boudreau Erickson Kalis Mulder Rhodes Westerberg
Bradley Finseth Kielkucki Murphy Rifenberg Westfall
Broecker Folliard Knoblach Ness Seagren Wilkin
Buesgens Greiling Krinkie Olson Seifert, M. Wolf
Carlson Gunther Kuisle Opatz Smith Workman
Carruthers Haake Larsen, P. Osskopp Stanek Spk. Sviggum
Chaudhary Haas Lenczewski Ozment Storm
Clark, J. Hackbarth Leppik Paulsen Sykora
Daggett Harder Lindner Pawlenty Tuma

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

S. F. No. 2828, A bill for an act relating to gambling; regulating and prohibiting certain activities with respect to gambling; regulating shipment of gambling devices; providing penalties; amending Minnesota Statutes 1998, sections 299L.07, subdivisions 2a and 10; 349.2125, subdivision 1; 609.75, by adding subdivisions; and 609.76, subdivision 2, and by adding subdivisions.

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8060

The question was taken on the passage of the bill and the roll was called. There were 92 yeas and 38 nays as follows:

Those who voted in the affirmative were:

Abeler Dawkins Haake Leppik Ozment Sykora
Abrams Dehler Haas Lieder Paulsen Tingelstad
Anderson, B. Dempsey Hackbarth Luther Pawlenty Tuma
Biernat Dorman Harder Mares Paymar Van Dellen
Bishop Dorn Hasskamp Mariani Pelowski Wenzel
Boudreau Entenza Holberg Marko Rest Westerberg
Bradley Erhardt Howes McElroy Reuter Westfall
Broecker Erickson Jennings Molnau Rhodes Westrom
Buesgens Finseth Kahn Mulder Rifenberg Wilkin
Carlson Folliard Kalis Murphy Seagren Wolf
Carruthers Fuller Kielkucki Ness Skoe Workman
Chaudhary Gerlach Knoblach Nornes Smith Spk. Sviggum
Clark, J. Gleason Koskinen Olson Stanek
Clark, K. Goodno Kuisle Opatz Stang
Daggett Gray Larsen, P. Osskopp Storm
Davids Gunther Leighton Osthoff Swenson

Those who voted in the negative were:

Anderson, I. Holsten Kubly Otremba Skoglund Wagenius
Bakk Huntley Larson, D. Peterson Solberg Wejcman
Cassell Jaros Mahoney Pugh Swapinski Winter
Greenfield Johnson McCollum Rostberg Tomassoni
Greiling Juhnke McGuire Rukavina Trimble
Hausman Kelliher Milbert Schumacher Tunheim
Hilty Krinkie Mullery Seifert, M. Vandeveer

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

S. F. No. 3307 was reported to the House.

Holberg moved that S. F. No. 3307 be continued on the Calendar for the Day. The motion prevailed.

S. F. No. 3412 was reported to the House.

Paulsen moved that S. F. No. 3412 be temporarily laid over on the Calendar for the Day. The motion prevailed.

S. F. No. 2676 was reported to the House.

Broecker and Gleason moved to amend S. F. No. 2676 as follows:

Page 3, line 34, reinstate "(h) This section expires July 31," and after the stricken "2001" insert "2006" and reinstate the period


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8061

Amend the title as follows:

Page 1, line 2, delete "removing" and insert "changing"

The motion prevailed and the amendment was adopted.

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

Lenczewski and Larson, D., moved to amend S. F. No. 2676, as amended, as follows:

Page 1, after line 22, insert:

"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city, a county, or a sanitary district may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of allowing the discharge of additional effluent into a body of water that is used for drinking water purposes or would have the effect of allowing additional emissions of toxic air pollutants into the air in areas of the state which state air monitoring or modeling by the federal Environmental Protection Agency shows exceed the applicable health risk benchmarks for toxic air pollutants."

Reletter subsequent paragraphs

A roll call was requested and properly seconded.

The question was taken on the Lenczewski and Larson, D., amendment and the roll was called. There were 62 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abeler Gray Kahn Mariani Pelowski Tuma
Biernat Greenfield Kalis Marko Peterson Tunheim
Carlson Greiling Kelliher McCollum Pugh Wagenius
Carruthers Hasskamp Koskinen McGuire Rest Wejcman
Chaudhary Hausman Kubly Milbert Schumacher Wenzel
Clark, K. Hilty Larson, D. Mullery Skoe Westerberg
Dawkins Huntley Leighton Murphy Skoglund Winter
Dorn Jaros Lenczewski Orfield Solberg
Entenza Jennings Lieder Osthoff Storm
Folliard Johnson Luther Otremba Swapinski
Gleason Juhnke Mahoney Paymar Trimble

Those who voted in the negative were:


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8062
Abrams Davids Haas Lindner Reuter Tingelstad
Anderson, B. Dehler Hackbarth Mares Tomassoni
Anderson, I. Dempsey Harder McElroy Van Dellen
Bakk Dorman Holberg Molnau Vandeveer
Bishop Erhardt Holsten Mulder Westfall
Boudreau Erickson Howes Ness Westrom
Bradley Finseth Kielkucki Nornes Wilkin
Broecker Fuller Knoblach Olson Wolf
Buesgens Gerlach Krinkie Osskopp Workman
Cassell Goodno Kuisle Ozment Spk. Sviggum
Clark, J. Gunther Larsen, P. Paulsen
Daggett Haake Leppik Pawlenty
Rhodes
Rifenberg
Rostberg
Rukavina
Seagren
Seifert, M.
Smith
Stanek
Stang
Swenson
Sykora

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

S. F. No. 2676, A bill for an act relating to local government; removing the sunset on provisions for authorizing local governments to petition to amend or repeal a rule; amending Minnesota Statutes 1999 Supplement, section 14.091.

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 101 yeas and 29 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holsten Luther Pugh Sykora
Abrams Dorman Howes Mares Rest Tingelstad
Anderson, B. Dorn Jennings Marko Reuter Tomassoni
Anderson, I. Erhardt Johnson McElroy Rhodes Tuma
Bakk Erickson Juhnke Milbert Rifenberg Tunheim
Bishop Finseth Kalis Molnau Rostberg Van Dellen
Boudreau Fuller Kielkucki Mulder Rukavina Vandeveer
Bradley Gerlach Knoblach Murphy Schumacher Wenzel
Broecker Gleason Krinkie Ness Seagren Westerberg
Buesgens Goodno Kubly Nornes Seifert, M. Westfall
Carlson Gunther Kuisle Olson Skoe Westrom
Cassell Haake Larsen, P. Osskopp Smith Wilkin
Chaudhary Haas Leighton Ozment Solberg Winter
Clark, J. Hackbarth Lenczewski Paulsen Stanek Wolf
Daggett Harder Leppik Pawlenty Stang Workman
Davids Hilty Lieder Pelowski Storm Spk. Sviggum
Dehler Holberg Lindner Peterson Swenson

Those who voted in the negative were:

Biernat Gray Jaros Mahoney Orfield Swapinski
Clark, K. Greenfield Kahn Mariani Osthoff Trimble
Dawkins Greiling Kelliher McCollum Otremba Wagenius
Entenza Hasskamp Koskinen McGuire Paymar Wejcman
Folliard Huntley Larson, D. Mullery Skoglund

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

S. F. No. 3412, which was temporarily laid over earlier today on the Calendar for the Day, was again reported to the House.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8063

Paulsen, Jennings and Davids moved to amend S. F. No. 3412 as follows:

Page 1, after line 19, insert:

"If prior to June 1, 2001, the state fund mutual insurance company adopts a plan of reorganization pursuant to Minnesota Statutes, section 60A.075, the company must notify the chairs of the house of representatives and senate committees on commerce at least 30 days before the proposed effective date of the reorganization."

The motion prevailed and the amendment was adopted.

S. F. No. 3412, A bill for an act relating to insurance; removing certain state involvement with the state fund mutual insurance company; repealing Minnesota Statutes 1998, sections 79.371; 176A.01; 176A.02; 176A.03; 176A.04; 176A.05; 176A.06; 176A.07; 176A.08; 176A.09; 176A.10; 176A.11; and 176A.12.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Carruthers

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8064

The Speaker called Abrams to the Chair.

S. F. No. 3260 was reported to the House.

Winter offered an amendment to S. F. No. 3260.

POINT OF ORDER

Harder raised a point of order pursuant to rule 3.21 that the Winter amendment was not in order. Speaker pro tempore Abrams ruled the point of order well taken and the Winter amendment out of order.

Winter appealed the decision of Speaker pro tempore Abrams.

A roll call was requested and properly seconded.

LAY ON THE TABLE

McElroy moved to lay the Winter appeal of the decision of Speaker pro tempore Abrams on the table.

A roll call was requested and properly seconded.

The question was taken on the McElroy motion and the roll was called. There were 70 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Abeler Dehler Hackbarth Mares Rhodes Tuma
Abrams Dempsey Harder McElroy Rifenberg Van Dellen
Anderson, B. Dorman Holberg Molnau Rostberg Vandeveer
Bishop Erhardt Holsten Mulder Seagren Westerberg
Boudreau Erickson Howes Ness Seifert, M. Westfall
Bradley Finseth Kielkucki Nornes Smith Westrom
Broecker Fuller Knoblach Olson Stanek Wilkin
Buesgens Gerlach Krinkie Osskopp Stang Wolf
Cassell Goodno Kuisle Ozment Storm Workman
Clark, J. Gunther Larsen, P. Paulsen Swenson Spk. Sviggum
Daggett Haake Leppik Pawlenty Sykora
Davids Haas Lindner Reuter Tingelstad

Those who voted in the negative were:

Anderson, I. Gleason Juhnke Mahoney Paymar Tomassoni
Bakk Gray Kahn Mariani Pelowski Trimble
Biernat Greenfield Kalis Marko Peterson Tunheim
Carlson Greiling Kelliher McCollum Pugh Wagenius

Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8065
Carruthers Hasskamp Koskinen McGuire Rest Wejcman
Chaudhary Hausman Kubly Milbert Rukavina Wenzel
Clark, K. Hilty Larson, D. Mullery Schumacher Winter
Dawkins Huntley Leighton Murphy Skoe
Dorn Jaros Lenczewski Orfield Skoglund
Entenza Jennings Lieder Osthoff Solberg
Folliard Johnson Luther Otremba Swapinski

The motion prevailed and the appeal of the decision of Speaker pro tempore Abrams was laid on the table.

S. F. No. 3260, A bill for an act relating to agriculture; amending certain requirements for licensed aquatic farms; amending Minnesota Statutes 1998, sections 17.4984, subdivisions 2, 6, and 7; 17.4992, subdivision 3; and 97C.521.

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 112 yeas and 19 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Biernat Gleason Hausman Koskinen Skoglund Wejcman
Carruthers Greenfield Huntley McGuire Wagenius
Dawkins Greiling Jaros Mullery
Folliard Hasskamp Kahn Orfield

The bill was passed and its title agreed to.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8066

S. F. No. 2653, A bill for an act relating to state government; requiring state agencies to provide grant information on the Internet; requiring the commissioner of administration to develop a uniform Internet application for grants; amending Minnesota Statutes 1998, section 16B.467; proposing coding for new law in Minnesota Statutes, chapter 15.

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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 2951 was reported to the House.

Larsen, P., moved that S. F. No. 2951 be continued on the Calendar for the Day. The motion prevailed.

S. F. No. 2546 was reported to the House.

Howes moved to amend S. F. No. 2546 as follows:

Page 4, line 28, delete everything after "Instructors"


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8067

Page 4, line 29, delete everything before the period

The motion prevailed and the amendment was adopted.

Howes moved to amend S. F. No. 2546, as amended, as follows:

Page 2, line 3, after "LOGS" insert "AND HISTORICAL ARTIFACTS"

The motion prevailed and the amendment was adopted.

S. F. No. 2546, A bill for an act relating to natural resources; providing for the recovery of sunken logs in inland waters; proposing coding for new law in Minnesota Statutes, chapter 103G; repealing Minnesota Statutes 1998, section 514.53.

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 129 yeas and 3 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B. Hausman Westerberg

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


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8068

The Speaker resumed the Chair.

S. F. No. 2511, A bill for an act relating to transportation; allowing entry on property for examination and survey; allowing towns to recover certain costs incurred in establishing cartways; amending Minnesota Statutes 1998, sections 164.07, by adding a subdivision; and 164.08, subdivision 2.

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 98 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Holberg Lieder Paymar Swapinski
Anderson, I. Dorman Holsten Luther Pelowski Swenson
Bakk Dorn Howes Mahoney Pugh Sykora
Biernat Entenza Huntley Mares Rest Tingelstad
Bishop Erhardt Jaros Mariani Rhodes Tuma
Boudreau Folliard Jennings McCollum Rifenberg Tunheim
Bradley Fuller Juhnke McElroy Rostberg Van Dellen
Broecker Gleason Kalis McGuire Rukavina Wenzel
Buesgens Gray Kelliher Molnau Schumacher Westfall
Carlson Greenfield Kielkucki Murphy Seagren Wilkin
Carruthers Greiling Knoblach Ness Seifert, M. Wolf
Chaudhary Gunther Koskinen Nornes Skoe Workman
Clark, J. Haake Krinkie Osthoff Smith Spk. Sviggum
Clark, K. Haas Kubly Otremba Solberg
Daggett Hackbarth Leighton Ozment Stanek
Davids Hasskamp Lenczewski Paulsen Stang
Dawkins Hausman Leppik Pawlenty Storm

Those who voted in the negative were:

Abeler Gerlach Kuisle Mulder Reuter Wejcman
Anderson, B. Goodno Larsen, P. Mullery Skoglund Westerberg
Cassell Harder Larson, D. Olson Tomassoni Westrom
Dehler Hilty Lindner Orfield Trimble Winter
Erickson Johnson Marko Osskopp Vandeveer
Finseth Kahn Milbert Peterson Wagenius

The bill was passed and its title agreed to.

The Speaker called McElroy to the Chair.

S. F. No. 3025 was reported to the House.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8069

Boudreau moved to amend S. F. No. 3025 as follows:

Page 1, line 26, after the semicolon, insert "or"

Page 2, line 12, after the semicolon, insert "or"

The motion prevailed and the amendment was adopted.

S. F. No. 3025, A bill for an act relating to foster care; adding requirements for foster care agencies and foster care providers who care for individuals who rely on medical equipment to sustain life or monitor a medical condition; proposing coding for new law in Minnesota Statutes, chapter 245A.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Speaker pro tempore McElroy called Abrams to the Chair.

H. F. No. 2826 was reported to the House.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8070

Seifert, M., and Rest moved to amend H. F. No. 2826, the first engrossment, as follows:

Pages 5 and 6, delete section 7

Page 6, reinstate the stricken sentence beginning on line 32

Pages 13 and 14, delete section 21

Page 19, delete the sentence beginning on line 33

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

The Speaker resumed the Chair.

Seifert, M., moved to amend H. F. No. 2826, the first engrossment, as amended, as follows:

Page 15, after line 24, insert:

"Sec. 23. Minnesota Statutes 1998, section 204B.45, subdivision 1, is amended to read:

Subdivision 1. [AUTHORIZATION.] A municipality having a population of fewer than 400 registered voters on June 1 of an election year and not located in a metropolitan county as defined by section 473.121 may provide balloting by mail at any municipal, county, or state election with no polling place other than the office of the auditor or clerk or other locations designated by the auditor or clerk. The governing body may apply to the county auditor for permission to conduct balloting by mail. The county board may provide for balloting by mail in unorganized territory. The governing body of any municipality may designate for mail balloting any precinct having fewer than 50 registered voters, subject to the approval of the county auditor.

Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Hilty moved to amend H. F. No. 2826, the first engrossment, as amended, as follows:

Pages 4 and 5, delete sections 5 and 6

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8071

Knoblach moved to amend the Hilty amendment to H. F. No. 2826, the first engrossment, as amended, as follows:

Page 1, delete line 3 and insert:

"Page 4, line 23, reinstate the stricken language and after "(4)" insert "showing a photo identification card approved by the Secretary of State and"

Page 4, lines 24 to 28, reinstate the stricken language"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 67 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holberg Molnau Rostberg Westerberg
Abrams Dorman Holsten Mulder Seagren Westfall
Anderson, B. Erhardt Howes Ness Seifert, M. Westrom
Bishop Erickson Kielkucki Nornes Smith Wilkin
Boudreau Finseth Knoblach Olson Stanek Wolf
Bradley Gerlach Krinkie Osskopp Stang Workman
Broecker Goodno Kuisle Ozment Storm Spk. Sviggum
Buesgens Gunther Larsen, P. Paulsen Swenson
Cassell Haake Leppik Pawlenty Sykora
Clark, J. Haas Lindner Reuter Tingelstad
Daggett Hackbarth Mares Rhodes Van Dellen
Davids Harder McElroy Rifenberg Vandeveer

Those who voted in the negative were:

Anderson, I. Folliard Jennings Lieder Osthoff Solberg
Bakk Fuller Johnson Luther Otremba Swapinski
Biernat Gleason Juhnke Mahoney Paymar Tomassoni
Carlson Gray Kahn Mariani Pelowski Trimble
Carruthers Greenfield Kalis Marko Peterson Tuma
Chaudhary Greiling Kelliher McCollum Pugh Tunheim
Clark, K. Hasskamp Koskinen McGuire Rest Wagenius
Dawkins Hausman Kubly Milbert Rukavina Wejcman
Dehler Hilty Larson, D. Mullery Schumacher Winter
Dorn Huntley Leighton Murphy Skoe
Entenza Jaros Lenczewski Orfield Skoglund

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

Hilty moved that his amendment, as amended, be withdrawn. The motion prevailed and the Hilty amendment, as amended, was withdrawn.

Larsen, P., was excused for the remainder of today's session.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8072

Erhardt moved to amend H. F. No. 2826, the first engrossment, as amended, as follows:

Page 23, line 15, delete "and" and after "1a" insert "; 202A.14; 202A.15; 202A.155; 202A.156; 202A.16; 202A.18; 202A.19; 202A.192; and 202A.20"

Amend the title accordingly

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

Knoblach and Olson moved to amend H. F. No. 2826, the first engrossment, as amended, as follows:

Page 4, line 13, delete "or"

Page 4, line 22, reinstate the stricken language

Page 4, lines 23 to 28, reinstate the stricken language

Page 4, line 26, after the period, insert "A voter may not vouch for more than three individuals on an election day."

Pages 4 and 5, delete section 6

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 2826, A bill for an act relating to elections; clarifying provisions and conforming procedures under the Minnesota election law and related provisions; amending Minnesota Statutes 1998, sections 103C.305, subdivision 6; 103C.315, subdivision 2; 123B.09, subdivision 1; 201.061, subdivision 3; 201.171; 203B.02, by adding a subdivision; 203B.06, subdivision 6; 204B.09, subdivision 1a; 204B.12, subdivision 1; 204B.14, subdivisions 2, 5, and 6; 204B.16, subdivision 1; 204B.18, subdivision 1; 204B.19, subdivision 6; 204B.40; 204B.45, subdivision 1; 204C.32, subdivision 1; 204C.37; 204D.13, subdivision 1; 204D.25, subdivision 1; 204D.27, subdivision 8; 205.13, subdivision 6, and by adding a subdivision; 205.17, subdivision 1; 205A.06, subdivision 5, and by adding a subdivision; 206.90, subdivision 6; and 447.32, subdivision 1; Minnesota Statutes 1999 Supplement, sections 10A.31, subdivision 3a; 203B.04, subdivision 1; 203B.085; 367.03, subdivision 4; and 447.32, subdivision 4; repealing Minnesota Statutes 1998, sections 203B.02, subdivision 1a; 204B.09, subdivision 2; and 204B.45, subdivision 1a.

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 70 yeas and 60 nays as follows:

Those who voted in the affirmative were:

Abeler Dehler Harder McElroy Rhodes Van Dellen
Abrams Dempsey Hilty Molnau Rifenberg Vandeveer
Anderson, B. Dorman Holberg Mulder Rostberg Wenzel
Bishop Erhardt Holsten Ness Seagren Westerberg
Boudreau Erickson Howes Nornes Seifert, M. Westfall
Bradley Finseth Juhnke Olson Smith Westrom

Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8073
Broecker Fuller Kielkucki Osskopp Stanek Wilkin
Buesgens Gerlach Knoblach Ozment Stang Wolf
Cassell Goodno Kuisle Paulsen Storm Workman
Clark, J. Gunther Leppik Pawlenty Swenson Spk. Sviggum
Daggett Haas Lindner Paymar Sykora
Davids Hackbarth Mares Reuter Tingelstad

Those who voted in the negative were:

Anderson, I. Folliard Jennings Lenczewski Orfield Skoglund
Bakk Gleason Johnson Lieder Osthoff Solberg
Biernat Gray Kahn Luther Otremba Swapinski
Carlson Greenfield Kalis Mahoney Pelowski Tomassoni
Carruthers Greiling Kelliher Mariani Peterson Trimble
Chaudhary Haake Koskinen Marko Pugh Tuma
Clark, K. Hasskamp Krinkie McCollum Rest Tunheim
Dawkins Hausman Kubly McGuire Rukavina Wagenius
Dorn Huntley Larson, D. Milbert Schumacher Wejcman
Entenza Jaros Leighton Mullery Skoe Winter

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

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

MOTIONS AND RESOLUTIONS

Mares moved that the name of Murphy be added as an author on H. F. No. 2999. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 4127:

Abrams, Kuisle, McElroy, Daggett and Rest.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3023:

Workman, Holsten and Kalis.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3581:

Paulsen, Davids and Entenza.


Journal of the House - 98th Day - Wednesday, March 29, 2000 - Top of Page 8074

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 9:00 a.m., Thursday, March 30, 2000. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Thursday, March 30, 2000.

Edward A. Burdick, Chief Clerk, House of Representatives