Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1893

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 1999

__________________

THIRTY-NINTH DAY

Saint Paul, Minnesota, Thursday, April 8, 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 Jack Haddorff, Community United Methodist Church, Columbia Heights, 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 Ozment Swenson
Abrams Dorn Holsten Lindner Paulsen Sykora
Anderson, B. Entenza Howes Luther Pawlenty Tingelstad
Anderson, I. Erhardt Huntley Mahoney Paymar Tomassoni
Bakk Erickson Jaros Mares Peterson Trimble
Biernat Finseth Jennings Mariani Pugh Tuma
Bishop Folliard Johnson Marko Rest Van Dellen
Boudreau Fuller Juhnke McCollum Reuter Vandeveer
Bradley Gerlach Kahn McElroy Rhodes Wagenius
Broecker Gleason Kalis McGuire Rifenberg Wejcman
Buesgens Goodno Kelliher Molnau Rostberg Wenzel
Carlson Gray Kielkucki Mulder Rukavina Westerberg
Carruthers Greenfield Knoblach Mullery Schumacher Westrom
Cassell Greiling Koskinen Murphy Seagren Wilkin
Chaudhary Gunther Krinkie Ness Seifert, J. Winter
Clark, J. Haake Kubly Nornes Seifert, M. Wolf
Clark, K. Haas Kuisle Olson Skoe Workman
Daggett Hackbarth Larsen, P. Opatz Skoglund Spk. Sviggum
Davids Harder Larson, D. Orfield Smith
Dawkins Hasskamp Leighton Osskopp Solberg
Dehler Hausman Lenczewski Osthoff Stanek
Dempsey Hilty Leppik Otremba Stang

A quorum was present.

Milbert, Pelowski, Storm, Tunheim and Westfall were excused.

Munger was excused until 6:00 p.m.

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1894

REPORTS OF CHIEF CLERK

S. F. No. 521 and H. F. No. 684, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Dawkins moved that S. F. No. 521 be substituted for H. F. No. 684 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 891 and H. F. No. 1348, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Holberg moved that S. F. No. 891 be substituted for H. F. No. 1348 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1368 and H. F. No. 1622, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Gerlach moved that S. F. No. 1368 be substituted for H. F. No. 1622 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1609 and H. F. No. 1544, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Hausman moved that S. F. No. 1609 be substituted for H. F. No. 1544 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 1, 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. 1305, relating to highways; requiring commissioner of transportation to transfer excess highway easements to city of Kenyon.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1895

H. F. No. 475, relating to local government; providing for reimbursement to officers and employees for costs and legal fees to defend criminal charges in certain cases.

H. F. No. 379, relating to mortgage registry and deed taxes; making technical and clarifying changes; defining terms.

Sincerely,

Jesse Ventura

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 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

99 28 1:32 p.m. April 1 April 1

1305 29 1:34 p.m. April 1 April 1

475 30 1:35 p.m. April 1 April 1

379 31 1:37 p.m. April 1 April 1

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

Krinkie from the Committee on State Government Finance to which was referred:

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.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.


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

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; defining terms; providing for duplicate state trail and metal traction device stickers; appropriating money; amending Minnesota Statutes 1998, sections 84.81, by adding a subdivision; and 84.8205, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 1998, section 84.871, subdivision 2; Laws 1998, chapter 401, section 23; and Laws 1999, chapter 4, section 2, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 30, after "section" insert "is appropriated to the commissioner of natural resources, and"

Page 3, delete line 16 and insert "The amount raised"

Page 3, line 18, delete "84.8715" and insert "84.8713 prior to June 30, 1999 is appropriated from the natural resource fund"

Page 3, line 19, after "of" insert "paved"

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. 1482, A bill for an act relating to the metropolitan radio board; extending the sunset date for the board; amending Laws 1995, chapter 195, article 1, section 18.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1998, section 473.897, subdivision 1, is amended to read:

Subdivision 1. [BUDGET PREPARATION; REVIEW AND APPROVAL.] The board shall prepare a proposed budget by August 1 of each year. The budget shall include operating revenues and expenditures for operation, administration, and maintenance. In addition, the budget must show for each fiscal year of the state biennium:

(1) the estimated operating revenues from all sources including funds on hand at the beginning of the year, and estimated expenditures for costs of operation, administration, maintenance, and debt service;

(2) capital improvement funds estimated to be on hand at the beginning of the year and estimated to be received during the year from all sources and estimated cost of capital improvements to be paid out or expended during the year, all in such detail and form as the council may prescribe; and

(3) the estimated source and use of pass-through funds; and

(4) the cents per month from the 911 emergency telephone service account needed to generate revenues for costs eligible for regionwide public safety communication system funding from the 911 emergency telephone service account.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1897

As early as practicable before August 15 of each year, the board shall hold a public hearing on a draft of the proposed budget. Along with the draft, the board shall publish a report on user charges. The report must include an estimated analysis of the changes in user charges, rates, and fees that will be required by the board's budget. Not less than 14 days before the hearing, the board shall publish notice of the hearing in a newspaper having general circulation in the metropolitan area, stating the date, time, and place of hearing, and the place where the proposed budget and report on user charges may be examined by any interested person.

Following the hearing, the board shall publish a report of the hearing that summarizes the comments received and board's response. The council shall approve or disapprove the entire budget by October 1 of each year. The council may disapprove only if the budget does not have adequate reserves to meet debt service. If the council disapproves the budget in accordance with this subdivision, the board shall, by November 1, resubmit to the council for approval, a budget which meets the requirements for council approval as provided in this subdivision. The council shall approve or disapprove the entire resubmitted budget by December 1.

Before December 15 of each year, the board shall, by resolution, adopt a final budget. The board shall file its final budget with the council on or before December 20 of each year. The council shall file the budgets with the secretary of the senate and the clerk of the house of representatives not later than January 1 of each year. Before adoption, the board must submit any budget amendment which would affect debt service reserves to the council for review. The council has 15 days to approve or disapprove the amendment. The council shall disapprove the budget amendment only if the budget does not have adequate reserves to meet debt service.

Except in an emergency, for which procedures must be established by the board, the board and its officers, agents, and employees may not spend money for any purpose, other than debt service, without an appropriation by the board, and no obligation to make such an expenditure shall be enforceable except as the obligation of the person or persons incurring it. The creation of any debt obligation or the receipt of any federal or state grant is a sufficient appropriation of the proceeds for the purpose for which it is authorized, and of the tax or other revenues pledged to pay the obligation and interest on it whether or not specifically included in any annual budget. After obtaining the approval of the council, the board may amend the budget at any time by transferring any appropriation from one purpose to another, except appropriations of the proceeds of bonds issued for a specific purpose. The council shall disapprove only if the amended budget does not have adequate reserves to meet debt service.

Sec. 2. Minnesota Statutes 1998, section 473.901, subdivision 2, is amended to read:

Subd. 2. [ANNUAL BUDGET OF RADIO BOARD.] The metropolitan council shall transmit the annual budget of the radio board to the commissioner of administration no later than December 15 of each year. The commissioner of administration shall include eligible costs for the regionwide public safety communication system in its request for legislative appropriations from the 911 emergency telephone service fee account an amount estimated as the revenues generated from the cents per month determination made by the radio board under section 473.897, subdivision 1, clause (4). All eligible costs approved by the radio board shall be included in the commissioner of administration's appropriation request."

Page 1, line 10, delete "2004" in both places and insert "2000"

Page 1, after line 16, insert:

"Sec. 4. [REPORT TO LEGISLATURE.]

By March 1, 2000, the metropolitan radio board shall report to the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader on the progress made on the 800-MHz system, including but not limited to: projected costs of the system; which taxpayers or groups of persons paying fees are paying for or expected to pay for each portion of the project; the number of radios actually purchased by any government entity involved in the project; and the number and names of manufacturers that have entered into an agreement, or have responded or are expected to respond to RFPs, to deliver radios to the state or any governmental entity involved in the 800-MHz project."


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1898

Page 1, line 18, delete "Section 1" and insert "This act"

Page 1, line 21, delete "Sections 1 and 2 are" and insert "This act is"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, before "amending" insert "requiring certain budget data and a report;" and after "amending" insert "Minnesota Statutes 1998, sections 473.897, subdivision 1; and 473.901, subdivision 2;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 928 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 521, 891, 1368 and 1609 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Greenfield introduced:

H. F. No. 2356, A bill for an act relating to human services; providing for coverage of nursing supervision of home health services; amending Minnesota Statutes 1998, section 256B.0627, subdivision 2.

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

Carruthers and Luther introduced:

H. F. No. 2357, A bill for an act relating to the property tax refund; increasing the percentage of rent constituting property taxes; amending Minnesota Statutes 1998, sections 290A.03, subdivisions 11 and 13.

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

Knoblach introduced:

H. F. No. 2358, A bill for an act relating to taxation; changing referendum options for certain cities with respect to funding the Central Minnesota Events Center and other projects; making technical corrections; exempting certain purchases from sales and use tax; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision; Laws 1998, chapter 389, article 8, section 44, subdivisions 1 and 5.

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1899

Hilty and Murphy introduced:

H. F. No. 2359, A bill for an act relating to education; providing for a grant to independent school district No. 577, Willow River, to construct an early childhood education center and community resource center; appropriating money.

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

Hilty and Murphy introduced:

H. F. No. 2360, A bill for an act relating to education; appropriating money for a family services collaborative.

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

Clark, J., introduced:

H. F. No. 2361, A bill for an act relating to taxes; sales and use taxes; exempting materials used in constructing, maintaining, or improving a community center in the city of Redwood Falls; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision.

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

Murphy, Rukavina, Bakk, Hasskamp and Huntley introduced:

H. F. No. 2362, A bill for an act relating to taxes; sales and use taxes; exempting the purchase of construction materials used in building an indoor sports and physical education complex in the city of Hermantown and a community activity center in the city of Proctor; amending Minnesota Statutes 1998, section 297A.25, by adding subdivisions.

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

Hasskamp, Winter, Rest, Lenczewski and Daggett introduced:

H. F. No. 2363, A bill for an act relating to individual income tax; providing a home care credit; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Rostberg and Jennings introduced:

H. F. No. 2364, A bill for an act relating to municipalities; providing conditions for authorizing the refunding of certain indoor ice area debt; amending Minnesota Statutes 1998, section 475.58, by adding a subdivision.

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


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Clark, J., introduced:

H. F. No. 2365, A bill for an act relating to taxation; sales and use; exempting the purchase of construction materials used in construction of the Springfield community center; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision.

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

Reuter introduced:

H. F. No. 2366, A bill for an act relating to education; requiring the commissioner of children, families, and learning to provide protective software to school districts; appropriating money.

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

Dempsey, Gunther, Olson and Bakk introduced:

H. F. No. 2367, A bill for an act relating to taxation; authorizing the commissioner of revenue to provide limited property tax relief to a public utility upon receiving certification by the public utilities commission that the utility qualifies for such relief; proposing coding for new law in Minnesota Statutes, chapters 216B; and 272.

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

Fuller introduced:

H. F. No. 2368, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a satellite facility for the bureau of criminal apprehension; authorizing issuance of bonds; appropriating money.

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

Swenson introduced:

H. F. No. 2369, A bill for an act relating to occupational safety and health; exempting certain employers from work place accident and injury reduction program requirements; amending Minnesota Statutes 1998, section 182.653, subdivision 8.

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

Luther, Haas and Carruthers introduced:

H. F. No. 2370, A bill for an act relating to capital improvements; authorizing spending to construct Edinburgh Trail pedestrian bridge in Brooklyn Park; authorizing issuance of bonds; appropriating money.

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


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Finseth, Sviggum, Holsten and Workman introduced:

H. F. No. 2371, A bill for an act relating to capital improvements; authorizing bonds and appropriating money for construction of dikes in the cities of East Grand Forks and Warren.

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

Wolf introduced:

H. F. No. 2372, A bill for an act relating to utilities; restructuring the regulation of electricity generation; providing for transition to a competitive industry; requiring restructuring plans; requiring unbundling of services; providing for recovery of stranded costs; requiring registration of suppliers; providing civil remedies; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 216E.

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

Ness introduced:

H. F. No. 2373, A bill for an act relating to education; establishing the learning network of Minnesota II; and developing activities.

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

H. F. No. 408, A bill for an act relating to health; modifying the definition of practice of pharmacy; amending Minnesota Statutes 1998, section 151.01, subdivision 27.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 735, A bill for an act relating to crime; expanding the scope of the crime of adulteration to include adulterations capable of causing death or bodily harm; increasing penalties for certain acts of adulteration; amending Minnesota Statutes 1998, section 609.687, subdivisions 2 and 3.

H. F. No. 1714, A bill for an act relating to occupations and professions; allowing the board of pharmacy to grant waivers to pharmacists regarding the ratio of pharmacists to pharmacy technicians; amending Minnesota Statutes 1998, section 151.102.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1902

Mr. Speaker:

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

H. F. No. 1132, A bill for an act relating to courts; eliminating filing of duplicate documents; updating the law governing court administrators; amending Minnesota Statutes 1998, sections 279.13; 485.018, subdivision 2; repealing Minnesota Statutes 1998, sections 357.07; and 485.018, subdivisions 1 and 4.

H. F. No. 643, A bill for an act relating to civil commitment; providing the same legal rights for all persons under commitment status; amending Minnesota Statutes 1998, section 253B.23, subdivision 2; repealing Minnesota Statutes 1998, section 609.165, subdivision 1c.

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. 645, A bill for an act relating to the environment; conforming state requirements for water supply and wastewater treatment operator certification to federal requirements; removing the expiration date of an advisory council; removing obsolete references; amending Minnesota Statutes 1998, sections 115.71, subdivisions 9a and 10; and 115.741, subdivisions 1, 2, and 3.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Tingelstad moved that the House concur in the Senate amendments to H. F. No. 645 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 645, A bill for an act relating to the environment; conforming state requirements for water supply and wastewater treatment operator certification to federal requirements; removing the expiration date of an advisory council; removing obsolete references; amending Minnesota Statutes 1998, sections 115.71, subdivisions 9a and 10; and 115.741, subdivisions 1, 2, and 3.

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

The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Hilty Leppik Ozment Stang
Abrams Dorn Holberg Lieder Paulsen Swenson
Anderson, B. Entenza Holsten Lindner Pawlenty Sykora

Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1903
Anderson, I. Erhardt Howes Luther Paymar Tingelstad
Bakk Erickson Huntley Mahoney Peterson Tomassoni
Biernat Finseth Jaros Mares Pugh Tuma
Bishop Folliard Jennings Marko Rest Van Dellen
Boudreau Fuller Johnson McCollum Reuter Vandeveer
Bradley Gerlach Juhnke McElroy Rhodes Wagenius
Broecker Gleason Kahn McGuire Rifenberg Wejcman
Buesgens Goodno Kalis Molnau Rostberg Wenzel
Carlson Gray Kelliher Mulder Rukavina Westerberg
Carruthers Greenfield Kielkucki Mullery Schumacher Westrom
Cassell Greiling Knoblach Murphy Seagren Wilkin
Chaudhary Gunther Koskinen Nornes Seifert, J. Winter
Clark, J. Haake Kubly Olson Seifert, M. Wolf
Daggett Haas Kuisle Opatz Skoe Workman
Davids Hackbarth Larsen, P. Orfield Skoglund Spk. Sviggum
Dawkins Harder Larson, D. Osskopp Smith
Dehler Hasskamp Leighton Osthoff Solberg
Dempsey Hausman Lenczewski Otremba Stanek

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

Mr. Speaker:

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

H. F. No. 1421, A bill for an act relating to professions; modifying temporary permit requirements for podiatrists; amending Minnesota Statutes 1998, sections 153.16, subdivision 3; and 153.17, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Wilkin moved that the House concur in the Senate amendments to H. F. No. 1421 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1421, A bill for an act relating to professions; modifying temporary permit requirements for podiatrists; amending Minnesota Statutes 1998, sections 153.16, subdivision 3; and 153.17, subdivision 2.

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

The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Hausman Lenczewski Otremba Stanek
Abrams Dorman Hilty Leppik Ozment Stang
Anderson, B. Dorn Holberg Lieder Paulsen Swenson

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

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

MOTION TO TAKE FROM THE TABLE

Entenza moved that the Message from the Senate relating to H. F. No. 50 be taken from the table. The motion did not prevail.

Mr. Speaker:

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

S. F. Nos. 1144, 1585, 283, 1324, 347, 338, 1402, 1920, 1255 and 1093.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 556, 1830, 527, 1340, 1470, 1449, 451, 775, 903, 1604 and 1722.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 1182, 1725, 673, 1115, 1527, 1218, 1047, 436, 2017 and 369.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1905

Mr. Speaker:

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

S. F. Nos. 1101, 778, 1092, 1485, 382, 1325, 832, 834 and 1264.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 1273, 1060, 1572, 1592, 746, 1649, 1528, 296, 437, 1699 and 510.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1144, A bill for an act relating to elections; simplifying language on certificates of election; clarifying and simplifying the Minnesota Election Law; making technical and procedural changes; changing certain duties of election officials; listing additional violations; changing certain deadlines; providing for submission of proposed chapter amendments; requiring adoption of certain rules; imposing criminal penalties; amending Minnesota Statutes 1998, sections 3.02; 200.031; 201.016, subdivision 1, and by adding a subdivision; 201.054, subdivision 2; 201.12, subdivision 2; 201.13, by adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.07, subdivision 2; 203B.08, subdivision 1; 203B.081; 203B.085; 203B.11, subdivisions 2 and 4; 204B.08, subdivision 3; 204B.146, subdivision 2; 204B.21, subdivision 2; 204B.27, subdivision 8; 204C.10; 204C.24, subdivision 1; 204C.26, subdivision 1; 204C.40, subdivision 1; 204D.08, subdivisions 3 and 5; 204D.11, subdivision 4; 204D.13, subdivisions 2 and 3; 205.075, subdivision 2; 205.10, subdivisions 3 and 4; 205.16, subdivision 4; 205.185, subdivision 3; 205A.05, subdivision 1; 205A.07, subdivision 3; 205A.13; 206.86, subdivision 1; 208.04, subdivision 1; 351.055; 367.03, subdivision 4; 410.12, subdivision 1; 412.02, subdivision 2; and 447.32, subdivision 4; Laws 1997, chapter 173, section 6; proposing coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes 1998, sections 203B.08, subdivisions 1a and 3a; 203B.12, subdivision 5; 204D.14, subdivision 2; 204D.19, subdivision 5; and 365.10, subdivision 2.

The bill was read for the first time.

Gerlach moved that S. F. No. 1144 and H. F. No. 1168, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1585, A bill for an act relating to human services; making technical changes to cross-references in statutes; amending Minnesota Statutes 1998, sections 13.46, subdivisions 1 and 2; 16D.02, subdivision 3; 16D.13, subdivision 3; 84.98, subdivision 3; 119A.54; 119B.01, subdivisions 2, 10, 12, 13, 15, and 16; 119B.02, subdivision 1; 119B.03, subdivisions 3 and 4; 119B.05, subdivision 1; 119B.07; 119B.075; 119B.08, subdivision 3; 119B.09, subdivisions 1, 3, and 7; 119B.14; 119B.15; 136A.125, subdivision 2; 145.415, subdivision 3; 196.27; 237.70, subdivision 4a; 245.4871, subdivision 25; 254B.02, subdivision 1; 256.01, subdivisions 2 and 4; 256.017, subdivisions 1, 2, and 4; 256.019; 256.025, subdivision 2; 256.046, subdivision 1; 256.0471, subdivision 1; 256.741, subdivisions 1 and 2; 256.82, subdivision 2; 256.935, subdivision 1; 256.98, subdivisions 1 and 8; 256.981; 256.983, subdivision 4; 256.9861, subdivision 5; 256B.031, subdivisions 4 and 5; 256B.69, subdivision 5a; 256C.21; 256C.23, subdivision 1; 256D.01, subdivisions 1a and 1e; 256D.05, subdivisions 1, 3, and 5; 256D.051, subdivision 3a; 256D.055; 256D.23, subdivision 1; 256D.435, subdivision 3; 256D.44, subdivision 5; 256E.03, subdivision 2;


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256E.06, subdivisions 1 and 3; 256E.07, subdivision 1; 256E.08, subdivision 3; 256F.05, subdivisions 3 and 8; 256F.10, subdivision 6; 256F.13, subdivision 3; 256G.01, subdivision 4; 256G.03, subdivision 2; 256J.01, subdivision 1; 256J.11, subdivisions 1 and 2; 256J.12, subdivision 1; 256J.21, subdivision 3; 256J.26, subdivisions 1, 2, 3, and 4; 256J.42, subdivisions 1 and 5; 256J.43, subdivision 1; 256J.50, subdivision 3a; 256J.62, subdivisions 3, 6, and 7; 256J.76, subdivision 1; 256K.01, subdivisions 2, 3, and 8; 256K.015; 256K.02; 256K.03, subdivisions 1 and 12; 256K.04, subdivision 2; 256K.05, subdivision 2; 256K.06; 256K.07; 256K.08, subdivision 1; 256L.11, subdivision 4; 257.33, subdivision 2; 257.3573, subdivision 2; 257.60; 257.85, subdivisions 3, 5, 7, and 11; 259.67, subdivision 4; 260.38; 261.063; 268.0111, subdivisions 5 and 7; 268.0122, subdivision 3; 268.552, subdivision 5; 268.672, subdivision 6; 268.86, subdivision 2; 268.871, subdivision 1; 268.90, subdivision 2; 268.95, subdivision 4; 275.065, subdivision 5a; 290.067, subdivision 1; 290A.03, subdivision 7; 393.07, subdivision 6; 462A.205, subdivision 2; 462A.222, subdivision 1a; 473.129, subdivision 8; 477A.0122, subdivision 2; 501B.89, subdivision 2; 518.171, subdivision 1; 518.551, subdivision 5; 518.57, subdivision 3; 518.614, subdivision 3; 518.64, subdivision 2; 548.13; 550.136, subdivision 6; 550.143, subdivision 3; 550.37, subdivision 14; 551.05, subdivision 1a; 551.06, subdivision 6; 570.025, subdivision 6; 570.026, subdivision 2; 571.72, subdivision 8; 571.912; 571.925; 571.931, subdivision 6; 571.932, subdivision 2; and 583.22, subdivision 7b; repealing Minnesota Statutes 1998, sections 119B.01, subdivision 12a; 119B.05, subdivision 6; 126C.05, subdivision 4; 126C.06; 256.031, subdivision 1a; 256.736; 256.74, subdivision 1c; 256.9850; 256J.62, subdivision 5; 268.871, subdivision 5; and 290A.22; Minnesota Rules, parts 9500.2000; 9500.2020; 9500.2060; 9500.2100; 9500.2140; 9500.2180; 9500.2220; 9500.2260; 9500.2300; 9500.2340; 9500.2380; 9500.2420; 9500.2440; 9500.2480; 9500.2500; 9500.2520; 9500.2560; 9500.2580; 9500.2600; 9500.2620; 9500.2640; 9500.2680; 9500.2700; 9500.2720; 9500.2722; 9500.2724; 9500.2726; 9500.2728; 9500.2730; 9500.2740; 9500.2760; 9500.2780; 9500.2800; 9500.2820; 9500.2860; and 9500.2880.

The bill was read for the first time.

Jennings moved that S. F. No. 1585 and H. F. No. 1393, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 283, A bill for an act relating to civil commitment; clarifying standards and procedures; modifying procedures governing persons committed as mentally ill and dangerous to the public; amending Minnesota Statutes 1998, sections 253B.065, subdivision 5; 253B.17, subdivision 1; 253B.18, subdivisions 1, 2, and 4c; 253B.185, subdivision 1; and 256G.08, subdivision 1.

The bill was read for the first time.

Carruthers moved that S. F. No. 283 and H. F. No. 489, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1324, A bill for an act relating to motor vehicles; requiring commissioner of public safety to impose commercial driver's license disqualifications for violations of an out-of-service order; requiring commissioner of transportation to impose civil penalties for violations of an out-of-service order; amending Minnesota Statutes 1998, section 171.165, by adding a subdivision; and 221.036, subdivision 3.

The bill was read for the first time.

Workman moved that S. F. No. 1324 and H. F. No. 1046, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 347, A bill for an act relating to drivers' licenses; allowing parents to provide home-school instruction to children in classroom component of driver education; amending Minnesota Statutes 1998, sections 171.05, subdivision 2; and 171.39.

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


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S. F. No. 338, A bill for an act relating to local government; authorizing private sales of certain county land in Goodhue county.

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

S. F. No. 1402, A bill for an act relating to state lands; authorizing the commissioner of natural resources to enter into a lease of land at Fort Snelling.

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

S. F. No. 1920, A bill for an act relating to state government; modifying the appointment process and position classifications for the state archaeologist; amending Minnesota Statutes 1998, section 138.35, subdivisions 1 and 1a.

The bill was read for the first time.

Wolf moved that S. F. No. 1920 and H. F. No. 1975, now on the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1255, A bill for an act relating to state lands; authorizing private sale and conveyance of certain tax- forfeited lands that border public water in LeSueur county.

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

S. F. No. 1093, A bill for an act relating to civil mediation; providing for the effect of a mediated settlement agreement; amending Minnesota Statutes 1998, section 572.35, subdivision 1.

The bill was read for the first time.

Leighton moved that S. F. No. 1093 and H. F. No. 1122, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 556, A bill for an act relating to municipal power agencies; limiting liability for recreational purposes; amending Minnesota Statutes 1998, section 604A.24.

The bill was read for the first time.

Leighton moved that S. F. No. 556 and H. F. No. 805, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1830, A bill for an act relating to state lands; authorizing the sale of undivided partial interests in certain parcels of tax-forfeited land that border public waters in Cook county.

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

S. F. No. 527, A bill for an act relating to health; establishing a state board of physical therapy; requiring rulemaking; providing licensing requirements for physical therapists; amending Minnesota Statutes 1998, sections 144A.46, subdivision 2; 148.66; 148.67; 148.70; 148.705; 148.71; 148.72, subdivisions 1, 2, and 4; 148.73; 148.74; 148.75; 148.76; 148.78; and 214.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 148.

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


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S. F. No. 1340, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land that borders wetland in Washington county.

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

S. F. No. 1470, A bill for an act relating to natural resources; modifying the route of Paul Bunyan state trail; amending Minnesota Statutes 1998, section 85.015, subdivision 15.

The bill was read for the first time.

Wenzel moved that S. F. No. 1470 and H. F. No. 1944, now on the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1449, A bill for an act relating to natural resources; renaming a state park; adding to and deleting from state parks; authorizing a land exchange in a state park; transferring land from a state wayside to a state park and abolishing a state wayside; authorizing a private sale of surplus land in Rock county; renaming the visitors' center at Gooseberry Falls state park; amending Minnesota Statutes 1998, section 85.012, subdivision 19; proposing coding for new law in Minnesota Statutes, chapter 85; repealing Minnesota Statutes 1998, section 85.013, subdivision 8.

The bill was read for the first time.

Vandeveer moved that S. F. No. 1449 and H. F. No. 1301, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 451, A bill for an act relating to agriculture; regulating security interests in agricultural crops; modifying the treatment of certain collateral; amending Minnesota Statutes 1998, sections 336.9-203; 336.9-401; and 336.9-402.

The bill was read for the first time.

Molnau moved that S. F. No. 451 and H. F. No. 1052, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 775, A bill for an act relating to health; changing the required travel distance or time to the nearest mental health provider for health maintenance organizations; proposing coding for new law in Minnesota Statutes, chapter 62D; repealing Minnesota Rules, part 4685.1010, subpart 3.

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

S. F. No. 903, A bill for an act relating to crime prevention; requiring the commissioner of corrections to notify additional county attorneys when offenders who have been determined to be appropriate subjects of civil commitment petitions are nearing their release date; amending Minnesota Statutes 1998, section 244.05, subdivision 7.

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

S. F. No. 1604, A bill for an act relating to crime; creating a sanctions conference procedure to allow probation officers to impose, with district court confirmation, probation sanctions for technical violations of probation; requesting the chief judge of each judicial district to develop procedures for sanctions conferences and a sanctions


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1909

conference form; clarifying when a probation officer may impose community work service; amending Minnesota Statutes 1998, sections 243.05, subdivision 1; 244.19, subdivision 3a; and 609.135, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 243; 244; and 401; repealing Minnesota Statutes 1998, section 401.02, subdivision 5.

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

S. F. No. 1722, A bill for an act relating to crimes; permitting the results of a preliminary breath test to be admissible in a criminal prosecution for the crime of implied consent test refusal; amending Minnesota Statutes 1998, section 169.121, subdivision 6.

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

S. F. No. 1182, A bill for an act relating to commerce; regulating insurance for funeral or burial expenses; allowing funeral establishments to sell funeral insurance and receive commissions for these sales; amending Minnesota Statutes 1998, section 72A.325.

The bill was read for the first time.

Davids moved that S. F. No. 1182 and H. F. No. 1150, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1725, A bill for an act relating to crimes; creating a gross misdemeanor penalty for violation of alcohol- related restriction on driver's license if violation occurs while driving a motor vehicle; providing penalties; amending Minnesota Statutes 1998, sections 171.09; and 609.035, subdivision 2.

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

S. F. No. 673, A bill for an act relating to health plans; regulating contract stacking; providing a remedy; proposing coding for new law in Minnesota Statutes, chapter 62Q.

The bill was read for the first time.

Reuter moved that S. F. No. 673 and H. F. No. 566, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1115, A bill for an act relating to courts; revising the process for action for payment or collection of taxes; amending Minnesota Statutes 1998, section 270.68, subdivision 1.

The bill was read for the first time.

Broecker moved that S. F. No. 1115 and H. F. No. 1131, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1527, A bill for an act relating to school boards; a person convicted of a sex offense who is required to be registered under the predatory offender law is not eligible to be a candidate for the office of school board member; amending Minnesota Statutes 1998, sections 123B.09, by adding a subdivision; and 205A.06, by adding a subdivision.

The bill was read for the first time.


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Seifert, M., moved that S. F. No. 1527 and H. F. No. 1845, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1218, 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; 268.07; 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; 3305.0500; 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.

Wolf moved that S. F. No. 1218 and H. F. No. 877, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1047, A bill for an act relating to creditors' remedies; providing that Roth IRAs will be treated identically to other retirement accounts; amending Minnesota Statutes 1998, section 550.37, subdivision 24.

The bill was read for the first time.

Huntley moved that S. F. No. 1047 and H. F. No. 1008, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 436, A bill for an act relating to municipal tort liability; limiting liability for 911 dispatchers providing prearrival medical instruction; amending Minnesota Statutes 1998, section 466.03, by adding a subdivision.

The bill was read for the first time.

Stanek moved that S. F. No. 436 and H. F. No. 541, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2017, A bill for an act relating to public employment; making technical and administrative changes; modifying definitions; redesigning administrative procedures for certain pilot projects; amending Minnesota Statutes 1998, sections 13.43, subdivision 2; 43A.02, subdivisions 11 and 33; 43A.04, subdivision 4; 43A.06, subdivision 8; 43A.07, subdivisions 4 and 6; 43A.13, subdivision 3; 43A.15, subdivision 6, and by adding a subdivision; 43A.17, subdivision 8; 43A.18, subdivision 1; 43A.19, subdivision 3; 43A.20; 43A.317, subdivisions 3 and 4; and 43A.421; Laws 1995, chapter 248, article 13, section 2, subdivisions 5, as amended, and 6, as amended; repealing Minnesota Statutes 1998, sections 43A.13, subdivision 9; 43A.40; 43A.41; 43A.42; 43A.43, subdivision 2; 43A.44; 43A.45; 43A.46; and 43A.465; Laws 1995, chapter 248, article 13, section 2, subdivision 8; Minnesota Rules, parts 3910.0100; 3910.0200; 3910.0300; 3910.0400; 3910.0500; 3910.0600; 3910.0700; 3910.0800; 3910.0900; 3910.1000; 3910.1100; 3910.1200; 3910.1300; 3910.1400; 3910.1500; 3910.1600; and 3910.1700.

The bill was read for the first time.

Mares moved that S. F. No. 2017 and H. F. No. 1693, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


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S. F. No. 369, A bill for an act relating to health occupations; permitting physician assistants to render care in disasters without physician and physician assistant agreements; proposing coding for new law in Minnesota Statutes, chapter 147A.

The bill was read for the first time.

McCollum moved that S. F. No. 369 and H. F. No. 598, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1101, A bill for an act relating to highways; requiring the commissioner of transportation to erect directional signs at specified locations for the New Life Treatment Center.

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

S. F. No. 778, A bill for an act relating to motor vehicles; requiring release of a security interest in a vehicle to be acted on within seven days if satisfied by a dealer; amending Minnesota Statutes 1998, section 168A.20.

The bill was read for the first time.

Kuisle moved that S. F. No. 778 and H. F. No. 790, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1092, A bill for an act relating to veterinary medicine; changing veterinary practice requirements; clarifying procedures; amending Minnesota Statutes 1998, sections 156.001, subdivisions 2, 3, and by adding a subdivision; 156.01, subdivision 3; 156.02, subdivisions 1 and 2; 156.03; 156.072; 156.10; 156.11; and 156.12, subdivisions 2 and 4; proposing coding for new law in Minnesota Statutes, chapter 156.

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

S. F. No. 1485, A bill for an act relating to professions; modifying provisions of the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design relating to fees and continuing education; increasing penalties; amending Minnesota Statutes 1998, section 326.111, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Rules, part 1800.0500, subpart 3.

The bill was read for the first time.

Seifert, J., moved that S. F. No. 1485 and H. F. No. 1728, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 382, A bill for an act relating to taxation; making technical corrections to income, property, sales, and certain special taxes; making technical corrections to certain state tax administrative provisions; amending Minnesota Statutes 1998, sections 271.01, subdivision 5; 271.21, subdivision 2; 289A.40, subdivision 1; 289A.60, subdivisions 3 and 21; 290.0671, subdivision 1; 290.0921, subdivision 5; 290.095, subdivision 3; 290.17, subdivision 4; 297A.15, subdivision 5; 297F.01, subdivision 23; 297F.17, subdivision 6; 297H.06, subdivision 2; 462A.071, subdivision 2; 469.002, subdivision 10; and 469.012, subdivision 1; repealing Minnesota Statutes 1998, sections 273.11, subdivision 10; 297E.12, subdivision 3; 297F.19, subdivision 4; and 297G.18, subdivision 4.

The bill was read for the first time.

Daggett moved that S. F. No. 382 and H. F. No. 380, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


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S. F. No. 1325, A bill for an act relating to traffic regulations; regulating low-speed vehicles; amending Minnesota Statutes 1998, section 169.045.

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

S. F. No. 832, A bill for an act relating to securities regulation; making changes applicable to securities registered under the small company offering registration; amending Minnesota Statutes 1998, section 80A.115, subdivisions 4 and 9.

The bill was read for the first time.

Haas moved that S. F. No. 832 and H. F. No. 661, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 834, A bill for an act relating to adoption; changing requirements and procedures for the putative fathers' adoption registry, communication or contact agreements, and postadoption reports; amending Minnesota Statutes 1998, sections 259.52, subdivisions 1, 4, 7, 9, 10, and 11; 259.58; and 259.60, by adding a subdivision.

The bill was read for the first time.

Tingelstad moved that S. F. No. 834 and H. F. No. 863, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1264, A bill for an act relating to state lands; authorizing private sale of certain surplus state land in Anoka County.

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

S. F. No. 1273, A bill for an act relating to professions; modifying provisions relating to nursing home administrator licensing, the board of examiners for nursing home administrators, immunity for board members and staff, and acting administrator permits; amending Minnesota Statutes 1998, sections 144A.19, subdivision 1; 144A.20, subdivision 1; 144A.22; 144A.24; and 144A.27; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 1998, sections 144A.19, subdivision 3; 144A.20, subdivision 2; and 144A.29.

The bill was read for the first time.

Bradley moved that S. F. No. 1273 and H. F. No. 1309, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1060, A bill for an act relating to state government; secretary of state; regulating service of process and certain notice requirements; regulating the names of certain business organizations; providing certain technical and conforming changes; amending Minnesota Statutes 1998, sections 5.23, subdivision 1; 5.25, subdivisions 3, 4, and 6; 281.23, subdivision 6; 323A.10-02; 333.01, subdivision 1; 333.19, subdivision 1; and 336.9-411.

The bill was read for the first time.

Seifert, J., moved that S. F. No. 1060 and H. F. No. 1183, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1913

S. F. No. 1572, A bill for an act relating to natural resources; modifying provisions for the exchange or sale of leased lakeshore lots; amending Laws 1998, chapter 389, article 16, section 31, subdivisions 2, 3, and 4.

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

S. F. No. 1592, A bill for an act relating to game and fish; providing for a provisional firearms safety certificate for certain persons with mental disabilities; allowing certain persons with mental disabilities to hunt with firearms when assisted; amending Minnesota Statutes 1998, section 97B.015, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B.

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

S. F. No. 746, A bill for an act relating to local government; permitting Grand Rapids to hold their general election in November.

The bill was read for the first time.

Solberg moved that S. F. No. 746 and H. F. No. 625, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1649, A bill for an act relating to veterans; directing the commissioner of veterans affairs to study the feasibility and desirability of providing free or reduced-cost health care to veterans throughout the state; requiring a report to the legislature.

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

S. F. No. 1528, A bill for an act relating to natural resources; modifying harmful exotic species provisions; amending Minnesota Statutes 1998, sections 84.027, subdivision 13; 84D.01, subdivision 2; 84D.02, subdivision 4; 84D.03, subdivision 1, and by adding a subdivision; 84D.09, subdivision 2; 84D.10; 84D.11, by adding a subdivision; and 84D.12, subdivisions 1 and 3; repealing Minnesota Statutes 1998, sections 84D.01, subdivision 10; and 84D.03, subdivision 2.

The bill was read for the first time.

Howes moved that S. F. No. 1528 and H. F. No. 1248, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 296, A bill for an act relating to education; modifying student disciplinary provisions relating to children with disabilities; modifying special education provisions; providing for rulemaking; amending Minnesota Statutes 1998, sections 121A.41, subdivision 10; 121A.43; 125A.023; 125A.027; 125A.03; 125A.09, subdivision 6; 125A.10; 125A.18; 125A.24; and 125A.75, subdivision 8; repealing Laws 1998, chapter 398, article 2, section 53; Minnesota Rules, part 3525.2470.

The bill was read for the first time.

Tuma moved that S. F. No. 296 and H. F. No. 483, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


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S. F. No. 437, A bill for an act relating to state lands; authorizing the conveyance, private sale, or public sale of certain tax-forfeited and other public lands in Anoka, Cass, Chisago, Cook, Douglas, Goodhue, Hennepin, Houston, Hubbard, Itasca, Kandiyohi, Koochiching, LeSueur, Mower, Otter Tail, Ramsey, Red Lake, Roseau, Sherburne, Stearns, Steele, Wabasha, Wadena, Washington, and Wright counties; authorizing the commissioner of human services to sell certain surplus state land by private sale to the city of Bloomington housing and redevelopment authority; authorizing Koochiching county to exercise the power of eminent domain for acquisition of certain trust land.

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

S. F. No. 1699, A bill for an act relating to state government; authorizing payment by electronic means; proposing coding for new law in Minnesota Statutes, chapter 16A.

The bill was read for the first time.

Reuter moved that S. F. No. 1699 and H. F. No. 1834, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 510, A bill for an act relating to health occupation; expanding the number of members on the board of dentistry; limiting practice of dentistry under name of certain business organizations; amending Minnesota Statutes 1998, sections 150A.02, subdivision 1; and 150A.11, subdivision 1.

The bill was read for the first time.

Boudreau moved that S. F. No. 510 and H. F. No. 860, now on the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

CONSENT CALENDAR

S. F. No. 1554, A bill for an act relating to port authorities; allowing an alternative name for the seaway port authority of Duluth; amending Minnesota Statutes 1998, section 469.049, subdivision 1.

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

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

Those who voted in the affirmative were:


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1915
Abeler Dorman Holberg Lieder Ozment Swenson
Abrams Dorn Holsten Paulsen Sykora
Anderson, B. Entenza Howes Pawlenty Tingelstad
Anderson, I. Erhardt Huntley Paymar Tomassoni
Bakk Erickson Jaros Peterson Trimble
Biernat Finseth Jennings Pugh Tuma
Bishop Folliard Johnson Rest Van Dellen
Boudreau Fuller Juhnke Reuter Vandeveer
Bradley Gerlach Kahn Rhodes Wagenius
Broecker Gleason Kalis Rifenberg Wejcman
Buesgens Goodno Kelliher Rostberg Wenzel
Carlson Gray Kielkucki Rukavina Westerberg
Carruthers Greenfield Knoblach Schumacher Westrom
Cassell Greiling Koskinen Seagren Wilkin
Chaudhary Gunther Krinkie Seifert, J. Winter
Clark, J. Haake Kubly Seifert, M. Wolf
Clark, K. Haas Kuisle Skoe Workman
Daggett Hackbarth Larsen, P. Skoglund Spk. Sviggum
Davids Harder Larson, D. Smith
Dawkins Hasskamp Leighton Solberg
Dehler Hausman Lenczewski Stanek
Dempsey Hilty Leppik Stang
Lindner
Luther
Mahoney
Mares
Mariani
Marko
McCollum
McElroy
McGuire
Molnau
Mulder
Mullery
Murphy
Ness
Nornes
Olson
Opatz
Orfield
Osskopp
Osthoff
Otremba

The bill was passed and its title agreed to.

S. F. No. 465, 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 third time and placed upon its final passage.

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1916

S. F. No. 1600, A bill for an act relating to motor vehicles; eliminating requirement that certain applications submitted to department of public safety be in writing; amending Minnesota Statutes 1998, sections 168.013, subdivision 3; and 168.82, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Olson

The bill was passed and its title agreed to.

S. F. No. 973, A bill for an act relating to courts; requesting the supreme court to study and make recommendations regarding juror compensation.

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 108 yeas and 19 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1917
Abeler Dehler Hasskamp Leighton Opatz Skoe
Abrams Dempsey Hausman Lenczewski Orfield Skoglund
Anderson, I. Dorman Hilty Leppik Osskopp Smith
Bakk Dorn Holsten Lieder Osthoff Solberg
Biernat Entenza Howes Luther Otremba Stanek
Bishop Erhardt Huntley Mahoney Ozment Swenson
Boudreau Finseth Jaros Mares Paulsen Sykora
Bradley Folliard Jennings Mariani Pawlenty Tingelstad
Broecker Fuller Johnson Marko Paymar Tomassoni
Buesgens Gleason Juhnke McCollum Peterson Trimble
Carlson Goodno Kahn McElroy Pugh Tuma
Carruthers Gray Kalis McGuire Rest Wagenius
Cassell Greenfield Kelliher Mulder Rhodes Wejcman
Chaudhary Greiling Knoblach Mullery Rifenberg Wenzel
Clark, J. Gunther Koskinen Murphy Rostberg Westerberg
Clark, K. Haake Kubly Ness Rukavina Winter
Daggett Hackbarth Kuisle Nornes Schumacher Wolf
Davids Harder Larson, D. Olson Seagren Spk. Sviggum

Those who voted in the negative were:

Anderson, B. Holberg Lindner Seifert, M. Westrom Workman
Erickson Kielkucki Molnau Stang Wilkin
Gerlach Krinkie Reuter Van Dellen
Haas Larsen, P. Seifert, J. Vandeveer

The bill was passed and its title agreed to.

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

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 Thursday, April 8, 1999:

H. F. Nos. 566, 896, 1414, 359, 1708 and 1150; S. F. No. 198; H. F. Nos. 1051, 1178, 984, 1845, 1309 and 541; S. F. Nos. 829 and 1188; H. F. No. 1905; S. F. No. 98; H. F. Nos. 619, 1728 and 118; S. F. Nos. 1176 and 972; H. F. Nos. 1163, 1426, 1608, 1568 and 726; and S. F. Nos. 1012 and 129.

CALENDAR FOR THE DAY

S. F. No. 257 was reported to the House.

Buesgens and Carruthers moved to amend S. F. No. 257 as follows:

Page 2, line 6, after the period, insert "The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election."

The motion prevailed and the amendment was adopted.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1918

S. F. No. 257, A bill for an act relating to statutory cities; permitting special elections in cases of certain vacancies; amending Minnesota Statutes 1998, sections 205.10, subdivision 2; and 412.02, subdivision 2a.

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 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.

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

S. F. No. 626 was reported to the House.

Osskopp moved that S. F. No. 626 be returned to the General Register. The motion prevailed.

The Speaker called Abrams to the Chair.

H. F. No. 426, A resolution memorializing the President and Congress to enact laws that will expedite the exchange of intermingled state and federal lands located within the exterior boundaries of the Superior National Forest to consolidate land ownership for the purpose of enabling each government to properly discharge its respective management duties.

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1919

The question was taken on the passage of the bill and the roll was called. There were 112 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Dawkins Folliard Kelliher Wolf

The bill was passed and its title agreed to.

H. F. No. 896 was reported to the House.

Larsen, P., moved that H. F. No. 896 be continued on the Calendar for the Day. The motion prevailed.

H. F. No. 1414, A bill for an act relating to human services; making changes to deaf and hard-of-hearing services division; modifying interpreter services; amending Minnesota Statutes 1998, sections 237.51, subdivision 5a; 256C.233, subdivisions 1 and 2; and 256C.25.

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

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

Those who voted in the affirmative were:

Abeler Dorman Holberg Lieder Paulsen Sykora
Abrams Dorn Holsten Lindner Pawlenty Tingelstad
Anderson, B. Entenza Howes Luther Paymar Tomassoni
Anderson, I. Erhardt Huntley Mahoney Peterson Trimble
Bakk Erickson Jaros Mares Pugh Tuma
Biernat Finseth Jennings Mariani Rest Van Dellen
Bishop Folliard Johnson Marko Reuter Vandeveer
Boudreau Fuller Juhnke McElroy Rhodes Wagenius

Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1920
Bradley Gerlach Kahn McGuire Rifenberg Wejcman
Broecker Gleason Kalis Molnau Rostberg Wenzel
Buesgens Goodno Kelliher Mulder Rukavina Westerberg
Carlson Gray Kielkucki Mullery Schumacher Westrom
Carruthers Greenfield Knoblach Murphy Seagren Wilkin
Cassell Greiling Koskinen Ness Seifert, J. Winter
Chaudhary Gunther Krinkie Nornes Seifert, M. Wolf
Clark, J. Haake Kubly Olson Skoe Workman
Clark, K. Haas Kuisle Opatz Skoglund Spk. Sviggum
Daggett Hackbarth Larsen, P. Orfield Smith
Davids Harder Larson, D. Osskopp Solberg
Dawkins Hasskamp Leighton Osthoff Stanek
Dehler Hausman Lenczewski Otremba Stang
Dempsey Hilty Leppik Ozment Swenson

The bill was passed and its title agreed to.

H. F. No. 359, A bill for an act relating to utilities; authorizing public utilities commission to establish and delegate powers to subcommittees and to designate lead commissioners; allowing petitions to be deemed approved unless set aside for affirmative action by the commission; amending Minnesota Statutes 1998, section 216A.03, by adding subdivisions.

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 124 yeas and 3 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1921

Those who voted in the negative were:

Carruthers Olson Smith

The bill was passed and its title agreed to.

H. F. No. 1708 was reported to the House.

Seifert, J., moved to amend H. F. No. 1708, the first engrossment, as follows:

Page 5, line 25, strike "inspection" and delete "vendors of the facility" and strike the second comma

The motion prevailed and the amendment was adopted.

H. F. No. 1708, A bill for an act relating to insurance; property and liability; regulating FAIR plan coverage; amending Minnesota Statutes 1998, sections 65A.32; 65A.33, subdivision 3, and by adding a subdivision; 65A.34, subdivisions 1, 4, and 5; 65A.36, subdivisions 1 and 5; 65A.37; 65A.38, subdivision 1; and 65A.42.

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

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

Those who voted in the affirmative were:

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

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1922

S. F. No. 198 was reported to the House.

Biernat, Orfield, Skoglund, Pugh, Leighton, Mullery and Bishop moved to amend S. F. No. 198 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [SUPREME COURT; REPORT.]

The supreme court is requested to review the order of final argument procedures in rule 26.03, subdivision 11, of the Minnesota Rules of Criminal Procedure and report to the chairs and ranking minority members of the house and senate committees with jurisdiction over criminal justice policy on its review.

Sec. 2. [REPEAL.]

(a) Minnesota Statutes 1998, section 631.07, is repealed.

(b) Laws 1997, chapter 239, article 3, sections 22 and 23, are repealed."

Delete the title and insert:

"A bill for an act relating to criminal procedure; requesting the supreme court to review the procedures for order of final argument found in the Rules of Criminal Procedure and to report to the legislature on its review; removing statutory and session law language relating to the order of final argument; repealing Minnesota Statutes 1998, section 631.07; Laws 1997, chapter 239, article 3, sections 22 and 23."

A roll call was requested and properly seconded.

The question was taken on the Biernat et al amendment and the roll was called. There were 38 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Biernat Gray Jennings Mariani Paymar Wejcman
Bishop Greenfield Johnson Mullery Pugh Winter
Clark, K. Greiling Kahn Murphy Rukavina Wolf
Dawkins Hausman Koskinen Opatz Skoe
Dorn Hilty Leighton Orfield Skoglund
Folliard Huntley Lieder Osthoff Solberg
Gleason Jaros Mahoney Otremba Tomassoni

Those who voted in the negative were:


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1923
Abeler Dehler Hasskamp Leppik Pawlenty Sykora
Abrams Dempsey Holberg Lindner Tingelstad
Anderson, B. Dorman Holsten Luther Trimble
Anderson, I. Entenza Howes Mares Tuma
Boudreau Erhardt Juhnke Marko Van Dellen
Bradley Erickson Kalis McElroy Vandeveer
Broecker Finseth Kelliher McGuire Wagenius
Buesgens Fuller Kielkucki Molnau Wenzel
Carlson Gerlach Knoblach Mulder Westerberg
Carruthers Goodno Krinkie Ness Westrom
Cassell Gunther Kubly Nornes Wilkin
Chaudhary Haake Kuisle Olson Workman
Clark, J. Haas Larsen, P. Osskopp Spk. Sviggum
Daggett Hackbarth Larson, D. Ozment
Davids Harder Lenczewski Paulsen
Peterson
Rest
Reuter
Rhodes
Rifenberg
Rostberg
Schumacher
Seagren
Seifert, J.
Seifert, M.
Smith
Stanek
Stang
Swenson

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

Bishop moved to amend S. F. No. 198 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 631.07, is amended to read:

631.07 [ORDER OF FINAL ARGUMENT.]

When the giving of evidence is concluded in a criminal trial, unless the case is submitted on both sides without argument, the prosecution may make a closing argument to the jury. The defense may then make its closing argument to the jury. The court shall permit the prosecution to reply in rebuttal, which shall be limited to a response to any misstatement of law or fact or a statement that is inflammatory or prejudicial made by the defense in its closing argument. The court shall then permit the defense to reply in surrebuttal, which shall be limited to issues of law and fact which were raised in the prosecutor's rebuttal.

Sec. 2. [RULE SUPERSEDED.]

Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 11, is superseded to the extent it conflicts with section 1.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective August 1, 1999, and apply to crimes committed on or after that date."

Delete the title and insert:

"A bill for an act relating to crime prevention; specifying that the prosecution may reply in rebuttal to the closing argument of the defense and that the defense may then reply in surrebuttal to the prosecution's rebuttal; amending Minnesota Statutes 1998, section 631.07."

A roll call was requested and properly seconded.

The question was taken on the Bishop amendment and the roll was called. There were 42 yeas and 83 nays as follows:

Those who voted in the affirmative were:

Bishop Greenfield Johnson Mariani Otremba Tomassoni
Cassell Greiling Juhnke Marko Paymar Trimble
Clark, K. Hausman Kahn Mullery Pugh Wejcman
Dawkins Hilty Kubly Murphy Rukavina Westrom
Dorn Huntley Larsen, P. Olson Schumacher Winter
Gleason Jaros Leighton Orfield Skoglund Wolf
Gray Jennings Mahoney Osthoff Solberg Workman


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1924

Those who voted in the negative were:

Abeler Dehler Hackbarth Lenczewski Ozment Stanek
Abrams Dempsey Harder Leppik Paulsen Stang
Anderson, I. Dorman Hasskamp Lieder Pawlenty Swenson
Bakk Entenza Holberg Lindner Peterson Sykora
Boudreau Erhardt Holsten Luther Rest Tingelstad
Bradley Erickson Howes Mares Reuter Tuma
Broecker Finseth Kalis McElroy Rhodes Van Dellen
Buesgens Folliard Kelliher McGuire Rifenberg Vandeveer
Carlson Fuller Kielkucki Molnau Rostberg Wagenius
Carruthers Gerlach Knoblach Mulder Seagren Wenzel
Chaudhary Goodno Koskinen Ness Seifert, J. Westerberg
Clark, J. Gunther Krinkie Nornes Seifert, M. Wilkin
Daggett Haake Kuisle Opatz Skoe Spk. Sviggum
Davids Haas Larson, D. Osskopp Smith

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

Skoglund, Leighton, Orfield, Mullery and Bishop moved to amend S. F. No. 198 as follows:

Page 1, lines 17 to 19, delete the new language and insert "The prosecution may then reply in rebuttal to the issues raised in the defense's argument, limited in time to five minutes. If the prosecution replies in rebuttal, the defense may then reply in surrebuttal to the issues raised in the prosecution's rebuttal, limited in time to five minutes."

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Skoglund et al amendment and the roll was called. There were 32 yeas and 91 nays as follows:

Those who voted in the affirmative were:

Bishop Greenfield Jennings Mariani Paymar Westrom
Clark, K. Greiling Johnson Mullery Pugh Winter
Dawkins Hausman Kahn Murphy Rukavina
Dorn Hilty Knoblach Orfield Skoglund
Gleason Huntley Leighton Osthoff Trimble
Gray Jaros Mahoney Otremba Wejcman

Those who voted in the negative were:

Abeler Dehler Hasskamp Lindner Rest Tomassoni
Abrams Dempsey Holberg Luther Reuter Tuma
Anderson, B. Dorman Holsten Mares Rhodes Van Dellen
Anderson, I. Entenza Howes Marko Rifenberg Vandeveer
Bakk Erhardt Juhnke McGuire Rostberg Wagenius
Boudreau Erickson Kalis Molnau Schumacher Wenzel
Bradley Finseth Kelliher Mulder Seagren Westerberg
Broecker Folliard Kielkucki Ness Seifert, J. Wilkin
Buesgens Fuller Koskinen Nornes Seifert, M. Wolf
Carlson Gerlach Krinkie Olson Skoe Workman

Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1925
Carruthers Goodno Kubly Opatz Smith Spk. Sviggum
Cassell Gunther Kuisle Osskopp Stanek
Chaudhary Haake Larson, D. Ozment Stang
Clark, J. Haas Lenczewski Paulsen Swenson
Daggett Hackbarth Leppik Pawlenty Sykora
Davids Harder Lieder Peterson Tingelstad

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

S. F. No. 198, A bill for an act relating to criminal procedure; specifying that the prosecution has the right to reply in rebuttal to the closing argument of the defense; amending Minnesota Statutes 1998, section 631.07.

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 97 yeas and 29 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holsten Lieder Pawlenty Tomassoni
Abrams Dorman Howes Lindner Peterson Tuma
Anderson, B. Entenza Huntley Luther Rest Van Dellen
Anderson, I. Erhardt Jennings Mares Reuter Vandeveer
Bakk Erickson Johnson Marko Rhodes Wagenius
Boudreau Finseth Juhnke McElroy Rifenberg Wenzel
Bradley Folliard Kalis McGuire Rostberg Westerberg
Broecker Fuller Kelliher Molnau Schumacher Westrom
Buesgens Gerlach Kielkucki Mulder Seagren Wilkin
Carlson Goodno Koskinen Mullery Seifert, J. Wolf
Carruthers Gunther Krinkie Ness Seifert, M. Workman
Cassell Haake Kubly Nornes Skoe Spk. Sviggum
Chaudhary Haas Kuisle Olson Stanek
Clark, J. Hackbarth Larsen, P. Osskopp Stang
Daggett Harder Larson, D. Otremba Swenson
Davids Hasskamp Lenczewski Ozment Sykora
Dehler Holberg Leppik Paulsen Tingelstad

Those who voted in the negative were:

Biernat Gleason Hilty Mahoney Osthoff Smith
Bishop Gray Jaros Mariani Paymar Trimble
Clark, K. Greenfield Kahn Murphy Pugh Wejcman
Dawkins Greiling Knoblach Opatz Rukavina Winter
Dorn Hausman Leighton Orfield Skoglund

The bill was passed and its title agreed to.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1926

H. F. No. 1051, A bill for an act relating to employment; requiring the commissioner of economic security to collect certain information about employment and training programs.

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 124 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 1178 was reported to the House.

McElroy moved to amend H. F. No. 1178, the first engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. [504.38] [PRELEASE DEPOSIT.]

Subdivision 1. [DEFINITION.] For the purpose of this section, "prelease deposit" means payment given to a landlord from a prospective tenant of a residential dwelling unit before the prospective tenant and the landlord have entered into a rental agreement. "Prelease deposit" does not include the payment of a reasonable applicant screening fee used to conduct a background check on the prospective tenant.

Subd. 2. [LIMITATIONS.] (a) A prelease deposit may be accepted only if the landlord and prospective tenant enter into a conspicuous written agreement that includes:

(1) the circumstances under which it will be returned; and


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1927

(2) that the landlord is required to return the prelease deposit within seven days of the occurrence of a circumstance described in clause (1).

(b) "Return" means postmarked within seven days except that upon the prospective tenant's request, a landlord may destroy the payment or hold it for retrieval by the tenant instead of returning it by mail.

Subd. 3. [APPLICATION ON ENTRY INTO RENTAL AGREEMENT.] If a prospective tenant and landlord do enter into a rental agreement, the prelease deposit must be applied to that tenant's security deposit or rent.

Subd. 4. [REMEDIES.] In addition to any other remedies, a landlord who violates this section is liable to the payor of the prelease deposit for the amount of the deposit paid, plus one-half of that amount as a penalty. A landlord who enters into a rental agreement with a tenant is not liable under this section unless the landlord failed to comply with subdivision 3."

The motion prevailed and the amendment was adopted.

H. F. No. 1178, A bill for an act relating to landlords and tenants; regulating the taking of prelease deposits; providing for a civil penalty; proposing coding for new law in Minnesota Statutes, chapter 504.

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 123 yeas and 3 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Holberg Larsen, P. Marko

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1928

H. F. No. 984 was reported to the House.

Mulder moved that H. F. No. 984 be continued on the Calendar for the Day. The motion prevailed.

S. F. No. 829, 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 third time and placed upon its final passage.

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 1188 was reported to the House.

Kuisle moved to amend S. F. No. 1188 as follows:

Page 2, after line 13, insert:

"Sec. 4. [EFFECTIVE DATE.]

Section 3 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1929

S. F. No. 1188, A bill for an act relating to municipalities; increasing certain dollar limits in the Uniform Municipal Contracting Law; providing an exemption for certain cooperative purchasing; amending Minnesota Statutes 1998, section 471.345, subdivisions 3, 4, and by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 110 yeas and 17 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Carruthers Entenza Hausman Osthoff Solberg Wejcman
Chaudhary Greenfield Kahn Paymar Trimble Westrom
Clark, K. Greiling Mahoney Smith Wagenius

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

H. F. No. 1905, A bill for an act relating to state government; rulemaking; authorizing the governor to veto certain rules; amending Minnesota Statutes 1998, sections 14.05, by adding a subdivision; 14.16, subdivision 3; 14.26, subdivision 3; 14.386; and 14.389, subdivision 3.

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

The question was taken on the passage of the bill and the roll was called. There were 93 yeas and 33 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Hasskamp Larson, D. Ozment Swenson
Abrams Entenza Hausman Lenczewski Paulsen Sykora

Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1930
Anderson, B. Erhardt Hilty Leppik Pawlenty Tingelstad
Bishop Erickson Holberg Lindner Peterson Tuma
Boudreau Finseth Holsten Luther Pugh Van Dellen
Bradley Folliard Howes Mares Reuter Vandeveer
Broecker Fuller Huntley Marko Rhodes Wenzel
Buesgens Gerlach Jennings McElroy Rifenberg Westerberg
Carruthers Gleason Kahn McGuire Rostberg Westrom
Cassell Goodno Kalis Molnau Schumacher Wilkin
Clark, J. Greiling Kielkucki Mulder Seagren Wolf
Daggett Gunther Knoblach Murphy Seifert, J. Workman
Davids Haake Krinkie Ness Seifert, M. Spk. Sviggum
Dehler Haas Kubly Nornes Skoe
Dempsey Hackbarth Kuisle Olson Solberg
Dorman Harder Larsen, P. Osskopp Stang

Those who voted in the negative were:

Anderson, I. Gray Koskinen Munger Rest Wagenius
Bakk Greenfield Leighton Opatz Rukavina Wejcman
Biernat Jaros Lieder Orfield Skoglund Winter
Carlson Johnson Mahoney Osthoff Smith
Chaudhary Juhnke Mariani Otremba Tomassoni
Dawkins Kelliher Mullery Paymar Trimble

The bill was passed and its title agreed to.

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

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

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

Entenza was excused between the hours of 7:50 p.m. and 8:00 p.m.

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

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 Senate Files, herewith transmitted:

S. F. Nos. 854, 551, 983, 1618 and 1262.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1931

Mr. Speaker:

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

S. F. Nos. 486, 653, 2 and 299.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 854, A bill for an act relating to land use; precluding the termination of lawful land uses by amortization; authorizing the city of St. Louis Park to continue to enforce a certain ordinance; 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.

Larsen, P., moved that S. F. No. 854 and H. F. No. 896, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 551, A bill for an act relating to domestic abuse; requiring battered women programs to coordinate services with child protection agencies; authorizing service of short form notification in lieu of personal service for orders for protection; expanding the definition of first degree murder in situations involving domestic abuse; providing enhanced penalties based upon a previous conviction or adjudication for malicious punishment of a child and other laws; adding assault in the fifth degree and domestic assault to definition of "crimes of violence"; increasing the cash bail for individuals charged with malicious punishment of a child; clarifying when evidence of similar prior conduct of an accused related to domestic abuse is admissible; changing a definition in the law related to the order of disposition of issues on a court's calendar; providing criminal penalties; amending Minnesota Statutes 1998, sections 260.133, subdivisions 1 and 2; 260.191, subdivision 1b; 518B.01, subdivisions 5, 8, and by adding subdivisions; 609.185; 609.224, subdivisions 2 and 4; 609.2242, subdivisions 2 and 4; 609.342, subdivision 3; 609.343, subdivision 3; 609.344, subdivision 3; 609.345, subdivision 3; 609.377; 609.749, subdivisions 3 and 4; 611A.32, subdivision 2; 611A.34, subdivision 3; 624.712, subdivision 5; 626.556, subdivision 2; 626.558, subdivision 1; 629.471, subdivision 3; 630.36; and 634.20.

The bill was read for the first time.

Fuller moved that S. F. No. 551 and H. F. No. 1067, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 983, A bill for an act relating to professions; modifying provisions relating to psychologists' licensing; amending Minnesota Statutes 1998, sections 148.89, subdivisions 2a, 4, 5, and by adding a subdivision; 148.915; 148.925, subdivision 7; 148.941, subdivisions 2 and 6; and 148.96, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 148.

The bill was read for the first time.

Mulder moved that S. F. No. 983 and H. F. No. 984, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1618, A bill for an act relating to liquor; modifying judicial remedies pertaining to brewers and wholesalers; providing for a right to jury trials; amending Minnesota Statutes 1998, section 325B.08.

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1932

S. F. No. 1262, A bill for an act relating to civil actions; limiting liability from year 2000 failures; proposing coding for new law as Minnesota Statutes, chapter 604B.

The bill was read for the first time.

Larsen, P., moved that S. F. No. 1262 and H. F. No. 2337, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 486, 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; modifying probationary period rules for city of Rochester firefighters; amending Minnesota Statutes 1998, section 604A.31, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299F.

The bill was read for the first time.

Knoblach moved that S. F. No. 486 and H. F. No. 963, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 653, A bill for an act relating to government data practices; clarifying electronic access to data; modifying notice requirements for students and employees; classifying data; clarifying the status of data on parents held by educational entities; authorizing access to medical records by adult children of a deceased patient; eliminating inconsistent language; authorizing dissemination of personnel data; authorizing sharing of certain data for tax administration purposes; changing deadlines for providing data; clarifying and modifying access to data on employees reporting violations of law; making certain rideshare program data on individuals private; amending Minnesota Statutes 1998, sections 13.03, subdivision 3; 13.04, subdivisions 2 and 3; 13.32, subdivisions 2 and 3; 13.43, by adding a subdivision; 13.47; 15.17, subdivisions 1 and 2; 141.30; 144.335, subdivision 1; 181.932, subdivision 2; 270B.03, subdivisions 1 and 5; 270B.14, by adding a subdivision; and 273.124, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 1998, sections 13.72, subdivision 2; 504.23; and 504A.595.

The bill was read for the first time.

Carruthers moved that S. F. No. 653 and H. F. No. 2058, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2, A bill for an act relating to the year 2000 problem; providing immunity for certain activities; clarifying the mutual aid authority of local government units; providing authority to local government units to address the year 2000 problem; requiring reports by certain utilities and health care and nursing home providers; requiring the department of health to collect and disseminate certain information; appropriating money; amending Minnesota Statutes 1998, sections 12.31, subdivision 2; and 12.37; proposing coding for new law as Minnesota Statutes, chapter 604B.

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

S. F. No. 299, A bill for an act relating to civil actions; limiting the liability of the state and municipalities for certain claims involving Year 2000 problems; amending Minnesota Statutes 1998, section 466.03, subdivision 15; proposing coding for new law in Minnesota Statutes, chapter 3.

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1933

CALENDAR FOR THE DAY, Continued

S. F. No. 98, A bill for an act relating to crime victims; granting prosecutors discretion not to disclose a victim's or witness's date of birth; amending Minnesota Statutes 1998, section 611A.035.

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

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 619 was reported to the House.

Carruthers, Marko, Mullery and Skoglund moved to amend H. F. No. 619, the second engrossment, as follows:

Pages 4 and 5, delete sections 5, 6, and 7

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 - 39th Day - Thursday, April 8, 1999 - Top of Page 1934

The question was taken on the Carruthers et al amendment and the roll was called. There were 38 yeas and 84 nays as follows:

Those who voted in the affirmative were:

Biernat Entenza Hilty Lenczewski Opatz Vandeveer
Carlson Folliard Jaros Luther Orfield Wagenius
Carruthers Gleason Kahn Mahoney Osthoff Wejcman
Chaudhary Gray Kelliher Mariani Paymar
Clark, K. Greenfield Koskinen Marko Pugh
Dawkins Greiling Larson, D. McGuire Rest
Dorn Hausman Leighton Mullery Skoglund

Those who voted in the negative were:

Abeler Dempsey Holberg Mares Reuter Sykora
Abrams Dorman Holsten McElroy Rhodes Tingelstad
Anderson, B. Erhardt Howes Molnau Rifenberg Tomassoni
Anderson, I. Erickson Huntley Mulder Rostberg Trimble
Bakk Finseth Jennings Murphy Rukavina Tuma
Boudreau Fuller Juhnke Ness Schumacher Van Dellen
Bradley Gerlach Kalis Nornes Seagren Wenzel
Broecker Goodno Kielkucki Olson Seifert, J. Westerberg
Buesgens Gunther Knoblach Osskopp Seifert, M. Westrom
Cassell Haake Kubly Otremba Skoe Wilkin
Clark, J. Haas Kuisle Ozment Smith Winter
Daggett Hackbarth Larsen, P. Paulsen Solberg Wolf
Davids Harder Leppik Pawlenty Stang Workman
Dehler Hasskamp Lieder Peterson Swenson Spk. Sviggum

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

Skoglund moved to amend H. F. No. 619, the second engrossment, as follows:

Page 1, line 23, before "area" insert "outdoor" and before "facility" insert "outdoor"

A roll call was requested and properly seconded.

The question was taken on the Skoglund amendment and the roll was called. There were 37 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Biernat Entenza Hilty Mahoney Paymar Wejcman
Carlson Folliard Jaros Mariani Pugh Winter
Carruthers Gleason Kahn Marko Rest
Chaudhary Gray Kelliher McGuire Skoglund
Clark, K. Greenfield Koskinen Mullery Trimble
Dawkins Greiling Leighton Opatz Vandeveer
Dorn Hausman Lenczewski Orfield Wagenius


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1935

Those who voted in the negative were:

Abeler Dempsey Holsten Lieder Pawlenty Swenson
Abrams Dorman Howes Luther Peterson Sykora
Anderson, B. Erhardt Huntley Mares Reuter Tingelstad
Anderson, I. Erickson Jennings McElroy Rhodes Tomassoni
Bakk Finseth Johnson Molnau Rifenberg Tuma
Bishop Fuller Juhnke Mulder Rostberg Van Dellen
Boudreau Gerlach Kalis Murphy Rukavina Wenzel
Bradley Goodno Kielkucki Ness Schumacher Westerberg
Broecker Gunther Knoblach Nornes Seagren Westrom
Buesgens Haake Krinkie Olson Seifert, J. Wilkin
Cassell Haas Kubly Osskopp Seifert, M. Wolf
Clark, J. Hackbarth Kuisle Osthoff Skoe Workman
Daggett Harder Larsen, P. Otremba Smith Spk. Sviggum
Davids Hasskamp Larson, D. Ozment Solberg
Dehler Holberg Leppik Paulsen Stang

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

Mullery moved to amend H. F. No. 619, the second engrossment, as follows:

Pages 3 and 4, delete section 4

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Mullery amendment and the roll was called. There were 45 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Biernat Folliard Johnson Lieder Osthoff Trimble
Carlson Gleason Juhnke Mahoney Otremba Vandeveer
Carruthers Gray Kahn Mariani Paymar Wagenius
Chaudhary Greenfield Kelliher Marko Peterson Wejcman
Clark, K. Greiling Koskinen McGuire Pugh Winter
Dawkins Hausman Kubly Mullery Rest
Dorn Hilty Leighton Opatz Rukavina
Entenza Jaros Lenczewski Orfield Skoglund

Those who voted in the negative were:

Abeler Dehler Hasskamp Luther Rhodes Tomassoni
Abrams Dempsey Holberg Mares Rifenberg Tuma
Anderson, B. Dorman Holsten McElroy Rostberg Van Dellen
Anderson, I. Erhardt Howes Molnau Schumacher Wenzel
Bakk Erickson Huntley Mulder Seagren Westerberg
Bishop Finseth Jennings Murphy Seifert, J. Westrom
Boudreau Fuller Kalis Ness Seifert, M. Wilkin
Bradley Gerlach Kielkucki Nornes Skoe Wolf
Broecker Goodno Knoblach Olson Smith Workman
Buesgens Gunther Krinkie Osskopp Solberg Spk. Sviggum

Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1936
Cassell Haake Kuisle Ozment Stang
Clark, J. Haas Larsen, P. Paulsen Swenson
Daggett Hackbarth Larson, D. Pawlenty Sykora
Davids Harder Leppik Reuter Tingelstad

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

POINT OF ORDER

Kahn raised a point of order pursuant to rule 4.13, relating to Bills Affecting State Government Powers and Structure. The Speaker ruled the point of order not well taken.

Mullery moved to amend H. F. No. 619, the second engrossment, as follows:

Page 4, delete lines 11 to 17

Renumber the subdivisions

A roll call was requested and properly seconded.

The question was taken on the Mullery amendment and the roll was called. There were 36 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Biernat Dorn Greiling Koskinen McGuire Rest
Carlson Entenza Hausman Leighton Mullery Skoglund
Carruthers Folliard Hilty Lenczewski Opatz Trimble
Chaudhary Gleason Jaros Mahoney Orfield Vandeveer
Clark, K. Gray Kahn Mariani Paymar Wagenius
Dawkins Greenfield Kelliher Marko Pugh Wejcman

Those who voted in the negative were:


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1937
Abeler Dempsey Holsten Luther Peterson Tingelstad
Abrams Dorman Howes Mares Tomassoni
Anderson, B. Erhardt Huntley McElroy Tuma
Anderson, I. Erickson Jennings Molnau Van Dellen
Bakk Finseth Johnson Mulder Wenzel
Bishop Fuller Juhnke Murphy Westerberg
Boudreau Gerlach Kalis Ness Westrom
Bradley Goodno Kielkucki Nornes Wilkin
Broecker Gunther Knoblach Olson Winter
Buesgens Haake Kubly Osskopp Wolf
Cassell Haas Kuisle Osthoff Workman
Clark, J. Hackbarth Larsen, P. Otremba Spk. Sviggum
Daggett Harder Larson, D. Ozment
Davids Hasskamp Leppik Paulsen
Dehler Holberg Lieder Pawlenty
Reuter
Rhodes
Rifenberg
RostbergRukavina
Schumacher
Seagren
Seifert, J.
Seifert, M.
Skoe
Smith
Solberg
Stang
Swenson
Sykora

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

Skoglund moved to amend H. F. No. 619, the second engrossment, as follows:

Page 2, line 4, delete everything after the period

Page 2, delete lines 5 to 11

Page 2, line 12, delete everything before "The"

A roll call was requested and properly seconded.

The question was taken on the Skoglund amendment and the roll was called. There were 32 yeas and 91 nays as follows:

Those who voted in the affirmative were:

Biernat Dorn Greiling Leighton Paymar Wagenius
Carlson Entenza Hausman Lenczewski Peterson Wejcman
Carruthers Folliard Hilty Mariani Pugh
Chaudhary Gleason Jaros McGuire Rest
Clark, K. Gray Kelliher Mullery Skoglund
Dawkins Greenfield Koskinen Orfield Vandeveer

Those who voted in the negative were:

Abeler Erhardt Jennings Marko Rhodes Trimble
Abrams Erickson Johnson McElroy Rifenberg Tuma
Anderson, B. Finseth Juhnke Molnau Rostberg Van Dellen
Anderson, I. Fuller Kalis Mulder Rukavina Wenzel
Bakk Gerlach Kielkucki Murphy Schumacher Westerberg
Boudreau Goodno Knoblach Ness Seagren Westrom
Bradley Gunther Krinkie Nornes Seifert, J. Wilkin
Broecker Haake Kubly Olson Seifert, M. Winter
Buesgens Haas Kuisle Opatz Skoe Wolf
Cassell Hackbarth Larsen, P. Osskopp Smith Workman
Clark, J. Harder Larson, D. Osthoff Solberg Spk. Sviggum
Daggett Hasskamp Leppik Otremba Stang
Davids Holberg Lieder Ozment Swenson
Dehler Holsten Luther Paulsen Sykora
Dempsey Howes Mahoney Pawlenty Tingelstad
Dorman Huntley Mares Reuter Tomassoni

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1938

Skoglund moved to amend H. F. No. 619, the second engrossment, as follows:

Page 5, line 9, after "nuisance" insert "based on shooting noise"

Page 5, delete section 8

A roll call was requested and properly seconded.

The question was taken on the Skoglund amendment and the roll was called. There were 38 yeas and 87 nays as follows:

Those who voted in the affirmative were:

Biernat Dorn Hausman Lenczewski Osthoff Wagenius
Carlson Entenza Hilty Mahoney Paymar Wejcman
Carruthers Folliard Jaros Mariani Pugh Westerberg
Chaudhary Gleason Kahn Marko Skoglund
Clark, K. Gray Kelliher McGuire Tomassoni
Dawkins Greenfield Koskinen Mullery Trimble
Dehler Greiling Leighton Orfield Vandeveer

Those who voted in the negative were:

Abeler Dorman Howes Luther Peterson Swenson
Abrams Erhardt Huntley Mares Rest Sykora
Anderson, B. Erickson Jennings McElroy Reuter Tingelstad
Anderson, I. Finseth Johnson Molnau Rhodes Tuma
Bakk Fuller Juhnke Mulder Rifenberg Van Dellen
Bishop Gerlach Kalis Murphy Rostberg Wenzel
Boudreau Goodno Kielkucki Ness Rukavina Westrom
Bradley Gunther Knoblach Nornes Schumacher Wilkin
Broecker Haake Krinkie Olson Seagren Winter
Buesgens Haas Kubly Opatz Seifert, J. Wolf
Cassell Hackbarth Kuisle Osskopp Seifert, M. Workman
Clark, J. Harder Larsen, P. Otremba Skoe Spk. Sviggum
Daggett Hasskamp Larson, D. Ozment Smith
Davids Holberg Leppik Paulsen Solberg
Dempsey Holsten Lieder Pawlenty Stang

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

The Speaker called Abrams to the Chair.

McGuire offered an amendment to H. F. No. 619, the second engrossment.

POINT OF ORDER

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1939

H. F. No. 619 was read for the third time.

MOTION TO RE-REFER

Dawkins moved that H. F. No. 619 be re-referred to the Committee on Civil Law.

A roll call was requested and properly seconded.

The question was taken on the Dawkins motion and the roll was called. There were 34 yeas and 89 nays as follows:

Those who voted in the affirmative were:

Biernat Dorn Greiling Koskinen Marko Skoglund
Carlson Entenza Hausman Leighton McGuire Trimble
Carruthers Folliard Hilty Lenczewski Mullery Wagenius
Chaudhary Gleason Jaros Luther Orfield Wejcman
Clark, K. Gray Kahn Mahoney Paymar
Dawkins Greenfield Kelliher Mariani Pugh

Those who voted in the negative were:

Abeler Dorman Howes Mares Peterson Sykora
Abrams Erhardt Huntley McElroy Rest Tingelstad
Anderson, B. Erickson Jennings Molnau Reuter Tomassoni
Anderson, I. Finseth Johnson Mulder Rhodes Tuma
Bakk Fuller Juhnke Murphy Rifenberg Van Dellen
Boudreau Gerlach Kalis Ness Rostberg Vandeveer
Bradley Goodno Kielkucki Nornes Rukavina Wenzel
Broecker Gunther Knoblach Olson Schumacher Westerberg
Buesgens Haake Krinkie Opatz Seagren Westrom
Cassell Haas Kubly Osskopp Seifert, J. Wilkin
Clark, J. Hackbarth Kuisle Osthoff Seifert, M. Winter
Daggett Harder Larsen, P. Otremba Skoe Wolf
Davids Hasskamp Larson, D. Ozment Solberg Workman
Dehler Holberg Leppik Paulsen Stang Spk. Sviggum
Dempsey Holsten Lieder Pawlenty Swenson

The motion did not prevail.

H. F. No. 619, A bill for an act relating to local government; shooting ranges; defining generally accepted operation practices; providing for relation to ordinances, closing and relocation, nuisance liability, and noise standards; proposing coding for new law as Minnesota Statutes, chapter 87A.

The bill was placed upon its final passage.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1940

The question was taken on the passage of the bill and the roll was called. There were 99 yeas and 26 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Biernat Dorn Greenfield Kelliher Mullery Wejcman
Carruthers Entenza Greiling Koskinen Orfield
Chaudhary Folliard Hausman Mariani Paymar
Clark, K. Gleason Jaros Marko Skoglund
Dawkins Gray Kahn McGuire Wagenius

The bill was passed and its title agreed to.

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

H. F. No. 118 was reported to the House.

Erickson moved to amend H. F. No. 118, the first engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 15.06, subdivision 5, is amended to read:

Subd. 5. [EFFECT OF DESIGNATION OF ACTING OR TEMPORARY COMMISSIONER.] A person who is designated acting commissioner or temporary commissioner pursuant to subdivisions 3 or 4 shall immediately have all the powers and emoluments and perform all the duties of the office. A person who is designated permanent commissioner shall have all the powers and may perform all the duties of the office as an acting commissioner upon receipt of the letter of appointment by the president of the senate pursuant to section 15.066. The designee shall take office as permanent commissioner upon notification of senate consent in accordance with subdivision 2. Upon the appointment of a permanent commissioner or acting commissioner to succeed any other acting or temporary


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1941

commissioner, the subsequent appointee shall immediately take the place of any other acting or temporary commissioner. No single term of service as a temporary or acting commissioner may exceed 18 months. No person shall serve as a permanent commissioner or acting commissioner after the senate has voted to refuse to consent to the person's appointment as permanent commissioner. Notice of the designation of a commissioner or acting commissioner, or the assumption of office by a temporary commissioner, shall be filed with the president of the senate and the speaker of the house with a copy delivered to the secretary of state and published in the next available edition of the State Register.

Sec. 2. [EFFECTIVE DATE.]

Section 1 applies to appointments made after June 30, 1999."

Delete the title and insert:

"A bill for an act relating to state agencies; providing that persons designated as permanent commissioners serve as acting commissioners until the senate has consented to their appointment; limiting service as temporary or acting commissioners; amending Minnesota Statutes 1998, section 15.06, subdivision 5."

The motion prevailed and the amendment was adopted.

H. F. No. 118, A bill for an act relating to state agencies; providing that persons designated as permanent commissioners serve as acting commissioners until the senate has consented to their appointment; limiting service as temporary or acting commissioners; amending Minnesota Statutes 1998, section 15.06, subdivision 5.

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 115 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1942

Those who voted in the negative were:

Abrams Chaudhary Greenfield Hausman Huntley Otremba
Trimble

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

S. F. No. 1176, A bill for an act relating to the environment; making technical changes to the Waste Management Act; amending Minnesota Statutes 1998, sections 115A.15, subdivision 5; 115A.411, subdivision 1; 115A.52; and 115A.551, subdivision 2a; repealing Minnesota Rules, parts 9200.0100; 9200.0200; 9200.0300; 9200.0400; 9200.0500; 9200.0600; 9200.0700; 9200.0800; 9200.0900; 9200.1000; 9200.1100; 9200.1200; 9200.1300; 9200.1400; 9200.1500; 9200.1600; 9200.1700; 9200.1800; 9200.1900; 9200.2000; 9200.2100; 9200.2200; 9200.2210; 9200.2220; 9205.0600; 9205.0601; 9205.0602; 9205.0603; 9205.0604; 9205.0605; 9205.0606; 9205.0607; and 9205.0608.

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

The question was taken on the passage of the bill and the roll was called. There were 123 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Opatz

The bill was passed and its title agreed to.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1943

S. F. No. 972 was reported to the House.

Swenson moved to amend S. F. No. 972 as follows:

Page 1, line 19, after the period, insert "Upon a request from a private landowner within a migratory waterfowl refuge, an annual permit must be issued to provide access to the property during the waterfowl season. The permit shall include conditions that allow no activity which would disturb waterfowl using the refuge during the waterfowl season."

The motion prevailed and the amendment was adopted.

S. F. No. 972, A bill for an act relating to game and fish; modifying migratory waterfowl refuge provisions; designating a migratory waterfowl refuge; repealing a commissioner's order; amending Minnesota Statutes 1998, section 97A.095, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.

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


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1944

H. F. No. 1163 was reported to the House.

Workman moved that H. F. No. 1163 be continued on the Calendar for the Day. The motion prevailed.

H. F. No. 1426 was reported to the House.

Tingelstad moved to amend H. F. No. 1426, the first engrossment, as follows:

Page 15, delete section 19

Page 16, delete section 22

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. 1426, A bill for an act relating to health; modifying well notification fees; modifying provisions for grants to rural hospitals and community health centers; modifying student loan repayment provisions for health professionals; amending Minnesota Statutes 1998, sections 103I.208, subdivision 1; 144.147, subdivisions 2, 3, 4, and 5; 144.1484, subdivision 1; 144.1486, subdivisions 3, 4, and 8; 144.1488, subdivisions 1, 3, and 4; 144.1489, subdivisions 2 and 4; 144.1490, subdivision 2; 144.1494, subdivisions 2, 3, and 5; 144.1495, subdivisions 3 and 4; and 144.1496, subdivisions 2 and 5.

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 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Leppik Ozment Swenson
Abrams Dorn Holsten Lieder Paulsen Sykora
Anderson, B. Entenza Howes Luther Pawlenty Tingelstad

Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1945
Anderson, I. Erhardt Huntley Mahoney Paymar Tomassoni
Bakk Erickson Jaros Mares Peterson Trimble
Biernat Finseth Jennings Mariani Pugh Tuma
Bishop Folliard Johnson Marko Rest Van Dellen
Boudreau Fuller Juhnke McElroy Reuter Vandeveer
Bradley Gerlach Kahn McGuire Rhodes Wagenius
Broecker Gleason Kalis Molnau Rifenberg Wejcman
Buesgens Goodno Kelliher Mulder Rostberg Wenzel
Carlson Greenfield Kielkucki Mullery Rukavina Westerberg
Carruthers Greiling Knoblach Murphy Schumacher Westrom
Cassell Gunther Koskinen Ness Seagren Wilkin
Clark, J. Haake Krinkie Nornes Seifert, J. Winter
Clark, K. Haas Kubly Olson Seifert, M. Wolf
Daggett Hackbarth Kuisle Opatz Skoe Workman
Davids Harder Larsen, P. Orfield Skoglund Spk. Sviggum
Dawkins Hasskamp Larson, D. Osskopp Smith
Dehler Hausman Leighton Osthoff Solberg
Dempsey Hilty Lenczewski Otremba Stang

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

H. F. No. 1608 was reported to the House.

Pawlenty moved that H. F. No. 1608 be continued on the Calendar for the Day. The motion prevailed.

H. F. No. 1568 was reported to the House.

Boudreau moved to amend H. F. No. 1568, the first engrossment, as follows:

Page 1, line 26, delete "the" and insert "a"

Page 1, line 27, delete "Uniform Code for Building Conservation" and insert "code for building conservation"

Page 5, line 29, delete "chapter" and insert "chapters" and after "7672" insert "and 7674"

Amend the title as follows:

Page 1, lines 6 and 7, delete "the Uniform Code for Building Conservation" and insert "a code for building conservation"

The motion prevailed and the amendment was adopted.

The Speaker resumed the Chair.

Mahoney moved to amend H. F. No. 1568, the first engrossment, as amended, as follows:

Page 5, delete section 9

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Mahoney amendment and the roll was called. There were 48 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Entenza Jennings Larson, D. McGuire Rukavina
Bakk Folliard Johnson Leighton Mullery Skoe
Biernat Gleason Juhnke Lenczewski Murphy Skoglund
Carlson Greenfield Kahn Lieder Orfield Solberg
Carruthers Greiling Kalis Luther Paymar Tomassoni
Chaudhary Hausman Kelliher Mahoney Peterson Trimble
Clark, K. Huntley Koskinen Mariani Pugh Wagenius
Dawkins Jaros Kubly Marko Rest Wejcman


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1946

Those who voted in the negative were:

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

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

H. F. No. 1568, A bill for an act relating to the state building code; transferring authority to adopt energy portions of the building code from the commissioner of public service to the commissioner of administration; providing for conformity with a code for building conservation; requiring implementation of locally adopted optional code provisions; requiring a report; amending Minnesota Statutes 1998, sections 16B.61, subdivisions 1 and 1a; 16B.62, subdivision 2; 16B.64, subdivision 4; 216C.19, subdivision 8; and 216C.195, subdivision 1; repealing Minnesota Statutes 1998, section 16B.165.

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 92 yeas and 30 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holsten Larson, D. Ozment Tingelstad
Abrams Dorn Howes Lenczewski Paulsen Tuma
Anderson, B. Erhardt Huntley Leppik Pawlenty Van Dellen
Bakk Erickson Jennings Lieder Peterson Vandeveer
Bishop Finseth Johnson Mares Reuter Wenzel
Boudreau Fuller Juhnke Marko Rhodes Westerberg
Bradley Gerlach Kahn McElroy Rifenberg Westrom
Broecker Goodno Kalis Molnau Rostberg Wilkin
Buesgens Gunther Kelliher Mulder Schumacher Winter
Cassell Haake Kielkucki Mullery Seagren Wolf
Clark, J. Haas Knoblach Murphy Seifert, J. Workman
Daggett Hackbarth Koskinen Ness Seifert, M. Spk. Sviggum
Davids Harder Krinkie Nornes Smith
Dawkins Hasskamp Kubly Olson Stang
Dehler Hilty Kuisle Opatz Swenson
Dempsey Holberg Larsen, P. Osskopp Sykora

Those who voted in the negative were:

Anderson, I. Clark, K. Greiling Mahoney Pugh Solberg
Biernat Entenza Hausman Mariani Rest Tomassoni
Carlson Folliard Jaros McGuire Rukavina Trimble

Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1947
Carruthers Gleason Leighton Orfield Skoe Wagenius
Chaudhary Greenfield Luther Osthoff Skoglund Wejcman

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

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

H. F. No. 726, A bill for an act relating to capital improvements; providing standards for state assistance to capital improvement projects of political subdivisions; proposing coding for new law in Minnesota Statutes, chapter 16A.

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 97 yeas and 25 nays as follows:

Those who voted in the affirmative were:

Abeler Entenza Holsten Leighton Otremba Sykora
Abrams Erhardt Howes Lenczewski Ozment Tingelstad
Anderson, B. Erickson Jaros Leppik Paulsen Trimble
Biernat Finseth Jennings Lieder Pawlenty Tuma
Bishop Folliard Johnson Luther Pugh Van Dellen
Boudreau Fuller Juhnke Mahoney Reuter Vandeveer
Bradley Gerlach Kahn Mares Rhodes Westerberg
Broecker Gleason Kalis McElroy Rifenberg Westrom
Buesgens Goodno Kelliher McGuire Rostberg Wilkin
Carlson Greiling Kielkucki Molnau Schumacher Wolf
Cassell Gunther Knoblach Mulder Seagren Workman
Clark, J. Haake Koskinen Ness Seifert, J. Spk. Sviggum
Daggett Haas Krinkie Nornes Seifert, M.
Davids Hackbarth Kubly Olson Skoe
Dehler Harder Kuisle Opatz Smith
Dempsey Hilty Larsen, P. Orfield Stang
Dorman Holberg Larson, D. Osskopp Swenson

Those who voted in the negative were:

Anderson, I. Dawkins Huntley Osthoff Solberg Winter
Bakk Dorn Mariani Peterson Tomassoni
Carruthers Greenfield Marko Rest Wagenius
Chaudhary Hasskamp Mullery Rukavina Wejcman
Clark, K. Hausman Murphy Skoglund

The bill was passed and its title agreed to.

S. F. No. 1012 was reported to the House.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1948

Solberg moved that S. F. No. 1012 be continued on the Calendar for the Day. The motion prevailed.

S. F. No. 129, A bill for an act relating to family law; enacting the Uniform Child Custody Jurisdiction and Enforcement Act; proposing coding for new law as chapter 518D; repealing Minnesota Statutes 1998, sections 518A.01; 518A.02; 518A.03; 518A.04; 518A.05; 518A.06; 518A.07; 518A.08; 518A.09; 518A.10; 518A.11; 518A.12; 518A.13; 518A.14; 518A.15; 518A.16; 518A.17; 518A.18; 518A.19; 518A.20; 518A.21; 518A.22; 518A.23; 518A.24; and 518A.25.

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

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

MOTIONS AND RESOLUTIONS

Seifert, M., moved that his name be stricken as an author on H. F. No. 497. The motion prevailed.

Mares moved that H. F. No. 589, now on the General Register, be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.

Mares moved that H. F. No. 1077, now on the General Register, be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.

Bishop moved that H. F. No. 2229 be recalled from the Committee on Ways and Means and be re-referred to the Committee on Judiciary Finance. The motion prevailed.


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1949

Wolf moved that H. F. No. 1651 be returned to its author. The motion prevailed.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 12:00 noon, Monday, April 12, 1999. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Monday, April 12, 1999.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 39th Day - Thursday, April 8, 1999 - Top of Page 1950