Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3831

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 1999

__________________

FIFTY-NINTH DAY

Saint Paul, Minnesota, Thursday, May 6, 1999

This Journal as a PDF document

The House of Representatives convened at 12:30 p.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by Steve Loopstra, Executive Director, Midwest Concerts of Prayer, Minneapolis, Minnesota.

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

The Speaker called Abrams to the Chair.

The roll was called and the following members were present:

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

A quorum was present.

Ness, Opatz, Paulsen, Pawlenty and Rhodes were excused.

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


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3832

REPORTS OF CHIEF CLERK

S. F. No. 615 and H. F. No. 526, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Mullery moved that the rules be so far suspended that S. F. No. 615 be substituted for H. F. No. 526 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1762 and H. F. No. 1551, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Workman moved that the rules be so far suspended that S. F. No. 1762 be substituted for H. F. No. 1551 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

May 4, 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. 585, relating to capital investment; reducing an appropriation; making a conforming change; excluding an authorization for certain kitchen facilities; amending a match requirement for the Isle Community Center grant.

H. F. No. 1708, relating to insurance; property and liability; regulating FAIR plan coverage.

H. F. No. 1106, relating to health; limiting use of health information secured as part of HIV vaccine research for insurance underwriting.

Sincerely,

Jesse Ventura

Governor


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3833

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

283 118 11:15 a.m. May 4 May 4

585 119 11:17 a.m. May 4 May 4

1708 120 11:20 a.m. May 4 May 4

1106 121 11:21 a.m. May 4 May 4

834 122 11:24 a.m. May 4 May 4

296 123 11:26 a.m. May 4 May 4

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

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

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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.]

Subdivision 1. [DEFINITIONS.] For the purpose of this section, the terms defined in this section have the meanings given them.


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3834

Subd. 2. [ASSOCIATION.] "Association" means a trade, professional, governmental, or similar organization the members of which are individuals, enterprises, or governmental units engaged in similar lines of business, services, or activity.

Subd. 3. [STATE AGENCY.] "State agency" means the University of Minnesota, Minnesota state colleges and universities, and the departments, boards, agencies, and commissions in the executive, judicial, and legislative branches.

Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 solution information" means information related to solutions that address the inability of computer systems, software, or electronically controlled devices to recognize certain dates in 1999 and after December 31, 1999. That inability may cause disruptions in electronic communications or the functioning of electronically controlled equipment resulting or reasonably anticipated to result from erroneous data that is or may be supplied by electronic devices.

Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of action may be maintained against an association for damages or harm resulting from the collection of year 2000 solution information or the publication of that information or against any person or entity for providing year 2000 solution information to the association.

Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may be maintained against a state agency for damages or harm resulting from the collection of year 2000 solution information or the publication of that information.

Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action may be maintained against a governmental unit as defined in section 462.384, subdivision 2, including governmental units acting jointly under section 471.59, for damages or harm resulting from the collection, publication, or dissemination of year 2000 solution information to other governmental units or to the metropolitan council or agencies.

Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if the party against whom the claim is brought knew that the year 2000 solution information provided was materially false or provided the information with reckless disregard as to the accuracy of the information.

Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No liability on the part of any person or any public or private entity is implied or created by this section by the absence of a grant of immunity under this section.

Sec. 2. [604B.02] [TRIAL OF MATTERS INVOLVING Y2K PROCESSING.]

(a) For a civil cause of action involving a claim in tort, contract, product liability, or under any other legal theory arising out of damages allegedly due to a failure of Y2K processing, an action may be commenced and discovery may be conducted, but no dispositive motion may be heard or trial conducted until after January 2, 2001, unless the court determines, for good cause shown, that a failure to hear and rule on a dispositive motion would result in hardship.

(b) Actions involving a failure of Y2K processing shall be referred to a Y2K processing panel of the district court to which district judges in a sufficient number shall be assigned on and after July 1, 1999.

Sec. 3. [EMERGENCIES.]

(a) The governor may declare an emergency under this section for purposes of Minnesota Statutes, sections 12.31, 12.36, and 12.37. The governor may declare an emergency under authority of this section only to the extent that actual or potential failure of computers or electronically controlled devices creates an actual or imminent serious threat to the health or safety of persons or an actual or imminent threat of catastrophic loss to property or the environment.

(b) A declaration for purposes of Minnesota Statutes, section 12.31, must be made according to procedures in that section.


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3835

(c) The governor may declare an emergency under this section for purposes of Minnesota Statutes, section 12.36 or 12.37, without declaring a peacetime emergency under Minnesota Statutes, section 12.31. A declaration for purposes of Minnesota Statutes, section 12.36 or 12.37, may specify that it applies to all or certain units of state or local government, must specify the time period for which it applies, and must be filed with the secretary of state.

(d) This section is in addition to and does not limit authority granted to the governor or local government officials by Minnesota Statutes, chapter 12, or other law.

(e) After April 1, 2000, the governor may not use this section as authority to declare an emergency.

(f) If an emergency is declared under authority of this section, a unit of state or local government may omit compliance with the procedures and law listed in Minnesota Statutes, sections 12.36, paragraph (a), clause (2), and 12.37, clause (2), only to the extent necessary to protect health and safety of persons or avoid catastrophic loss to property or the environment. A unit of state or local government must report to the year 2000 project office in the department of administration on omitting compliance with procedures and laws. The report must be filed within 30 days of the action that did not comply with the customary laws.

Sec. 4. [YEAR 2000 PROBLEM REPORTS.]

All electric utilities, as defined in Minnesota Statutes, section 216B.38, subdivision 5, and telephone companies, as defined in Minnesota Statutes, section 237.01, subdivisions 2 and 3, must file status reports on year 2000 problems with the public utilities commission and the department of public service, with a copy to the division of emergency management of the department of public safety, on July 1 and October 1, 1999. The status report must include a statement of the percentage of the assessment phase that has been completed to date, the percentage of the remediation phase that has been completed to date, and the percentage of the testing of corrective actions phase that has been complete to date. The foregoing questions, along with others deemed appropriate, must be included in Y2K status report form that must be provided by the department of public safety, division of emergency management. If a report indicates that all year 2000 problems have been remediated, an entity need not file a subsequent report unless there has been a change.

Sec. 5. [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM MUNICIPAL CONTRACTING LAW.]

Subdivision 1. [MUNICIPAL CONTRACTS.] Minnesota Statutes, section 471.345, does not apply to the purchase or rental of supplies, materials, and equipment nor to the construction, alteration, repair, and maintenance of real or personal property if the governing body of a municipality determines that there is an urgency due to the actual or potential failure or malfunction of public infrastructure or systems critical to the delivery of municipal services due to year 2000 problems with computers and electronically controlled devices.

Subd. 2. [SPECIAL PROCEDURE.] A contract exempted from Minnesota Statutes, section 471.345, by subdivision 1 may, at the discretion of the municipality, be made by direct negotiation by obtaining two or more quotations or in the open market. All quotations shall be kept on file for a period of at least one year after receipt.

Subd. 3. [APPLICABILITY OF OTHER LAWS.] This section supersedes any inconsistent law.

Subd. 4. [REPORTS.] A municipality must report to the year 2000 project office in the department of administration on each instance in which it omitted compliance with the uniform municipal contracting law under authority of this section.

Subd. 5. [EXPIRATION.] This section applies only to a contract entered into or goods or services purchased before April 1, 2000.


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3836

Sec. 6. [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.]

Subdivision 1. [DEPARTMENT OF HEALTH SURVEY.] The department of health must, by July 30, 1999, survey all hospitals, nursing homes, nontransient noncommunity water systems operated by a public entity, and community water supply systems for year 2000 problems and solutions related to their operations. The department, upon request, must disseminate information about those year 2000 problems and proposed solutions to hospitals, nursing homes, and water supply system operators in a prompt and reasonable manner.

Subd. 2. [STATUS REPORTS.] All hospitals, nursing homes, nontransient noncommunity water systems operated by a public entity, and community water supply systems must file status reports on year 2000 problems with the department of health, with a copy to the division of emergency management of the department of public safety, on July 1 and October 1, 1999. The status report must include a statement of the percentage of the assessment phase that has been completed to date, the percentage of the remediation phase that has been completed to date, and the percentage of the testing of corrective actions phase that has been completed to date. The foregoing questions, along with others deemed appropriate, must be included in a Y2K status report form that must be provided by the department of public safety, division of emergency management. If there has been no change since the previous report, the report may indicate only that no change has occurred.

Sec. 7. [DEPARTMENT OF HUMAN SERVICES; YEAR 2000 ACTIVITY.]

If year 2000 computer problems create a failure or malfunction in the infrastructure or systems used by the department of human services for payment to health care providers under state government programs or counties, the commissioner of human services shall continue to pay all health care providers paid under state government programs or counties by manual warrant or other measures within the statutorily required time period.

Sec. 8. [STATUS REPORTS.]

(a) The recipients of the status reports required by sections 4 and 6, subdivision 2, including the division of emergency management, shall consult with those required to file those reports concerning the form of the report.

(b) All reports provided under sections 4 and 6 shall be considered Year 2000 Readiness Disclosures.

Sec. 9. [COMMISSIONER REVIEW.]

The commissioner of administration, through staff of the Y2K project office, is responsible for reviewing use of emergency authority and emergency funds under this act and shall review reports from state agencies and political subdivisions under sections 3, 4, and 5.

Sec. 10. [EFFECTIVE DATE.]

Sections 1 to 9 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to the year 2000 problem; authorizing the governor to declare an emergency with respect to the problem; providing exceptions from the uniform municipal contracting law for certain purposes; providing immunity for certain purposes; providing procedures and timelines for certain Y2K trial matters; requiring reports by certain utilities, nursing homes, health care, and other providers; requiring the collection, dissemination, and reporting of certain information; prescribing the duties of the commissioner of administration; proposing coding for new law as Minnesota Statutes, chapter 604B."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3837

SECOND READING OF SENATE BILLS

S. F. Nos. 615, 1762 and 2 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Dawkins introduced:

H. F. No. 2437, A bill for an act relating to animals; providing criminal penalties for activities related to cockfighting, dogfighting, and fighting of other domestic animals; creating procedures for disposition and care of the animals; providing for hearings; clarifying admissibility of certain evidence; amending Minnesota Statutes 1998, section 343.31.

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

Otremba introduced:

H. F. No. 2438, A bill for an act relating to appropriations; appropriating wastewater funding for the city of Clarissa; authorizing state bonds; appropriating money.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2205, A bill for an act relating to public administration; authorizing spending for public purposes; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; authorizing certain improvements and transfers between accounts; providing a procedure for political subdivisions' request for capital assistance; making technical corrections; amending earlier authorizations; reauthorizing a project; authorizing bonds; providing for certain public pension associations' facilities; providing for storage and retention of certain documents; authorizing certain easements; providing for certain port authority leases or management contracts; requesting an investigation and report; authorizing a certain college project; appropriating money with certain conditions and directions; amending Minnesota Statutes 1998, sections 16A.69, subdivision 2; 16B.30; 136F.36, by adding a subdivision; 136F.60, by adding a subdivision; 353.03, subdivision 4;


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3838

354.06, subdivision 7; and 457A.04, by adding a subdivision; Laws 1998, chapter 404, sections 3, subdivision 17; 5, subdivision 4; 7, subdivisions 23 and 26; 13, subdivision 12; and 27, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 16A; and 356.

The Senate has appointed as such committee:

Senators Langseth, Ten Eyck, Berglin, Terwilliger and Dille.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. No. 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 Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Betzold, Knutson and Ten Eyck.

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

Patrick E. Flahaven, Secretary of the Senate

Carruthers moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 653. The motion prevailed.

Mr. Speaker:

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

S. F. No. 148, A bill for an act relating to commerce; providing for the protection of structured settlements; amending Minnesota Statutes 1998, section 176.175, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 549.


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3839

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

Senators Oliver; Johnson, D. H., and Wiener.

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

Patrick E. Flahaven, Secretary of the Senate

Haas moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 148. The motion prevailed.

Mr. Speaker:

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

S. F. No. 1099, A bill for an act relating to health; modifying training requirements for nursing assistants; amending Minnesota Statutes 1998, section 144A.61, subdivisions 2 and 3a.

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

Senators Kiscaden, Berglin and Stevens.

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

Patrick E. Flahaven, Secretary of the Senate

Osskopp moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1099. The motion prevailed.

Mr. Speaker:

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

S. F. No. 1404, A bill for an act relating to crime; providing criminal penalties for possessing and disseminating pornographic work depicting a minor; including computer-generated or computer-altered images within the definition of pornographic work; amending Minnesota Statutes 1998, sections 617.246, subdivisions 1, 2, 3, 4, and by adding a subdivision; and 617.247, subdivisions 1, 2, 3, 4, and by adding a subdivision.

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

Senators Johnson, D. H.; Knutson and Spear.

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

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3840

Skoglund moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1404. The motion prevailed.

Mr. Speaker:

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

S. F. No. 1219, A bill for an act relating to health; establishing a uniform complaint resolution process for health plan companies; establishing an external review process; amending Minnesota Statutes 1998, sections 62D.11, subdivision 1; 62M.01; 62M.02, subdivisions 3, 4, 5, 6, 7, 9, 10, 11, 12, 17, 20, 21, and by adding a subdivision; 62M.03, subdivisions 1 and 3; 62M.04, subdivisions 1, 2, 3, and 4; 62M.05; 62M.06; 62M.07; 62M.09, subdivision 3; 62M.10, subdivisions 2, 5, and 7; 62M.12; 62M.15; 62Q.106; 62Q.19, subdivision 5a; 62T.04; 72A.201, subdivision 4a; and 256B.692, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 62D; and 62Q; repealing Minnesota Statutes 1998, sections 62D.11, subdivisions 1b and 2; 62Q.105; and 62Q.30; Minnesota Rules, parts 4685.0100, subparts 4 and 4a; 4685.1010, subpart 3; and 4685.1700.

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

Senators Berglin, Foley and Kiscaden.

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

Patrick E. Flahaven, Secretary of the Senate

Goodno moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1219. The motion prevailed.

Mr. Speaker:

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

S. F. No. 1382, A bill for an act relating to crime prevention; repealing provisions and striking language related to the enhanced gross misdemeanor DWI crime; expanding the gross misdemeanor DWI crime, probationary period, and mandatory sentencing provisions; requiring mandatory consecutive sentences for certain DWI-related offenses; amending Minnesota Statutes 1998, sections 169.121, subdivisions 1c, 3, and 3d; 169.129, subdivision 1; 609.02, subdivision 2; 609.035, subdivision 2; 609.105, subdivisions 1 and 3; 609.135, subdivision 2; and 609.15, subdivision 2; repealing Minnesota Statutes 1998, sections 169.121, subdivision 3e; 169.129, subdivision 2; and 609.02, subdivision 2a.

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

Senators Spear, Kleis and Foley.

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

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3841

Goodno moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1382. The motion prevailed.

Mr. Speaker:

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

S. F. No. 1821, A bill for an act relating to housing; modifying provision for amending zoning ordinance by cities of the first class; modifying housing finance agency provisions; authorizing agency to make equity take-out loans to owners of federally subsidized housing under certain circumstances; allowing participants to receive rental assistance for family stabilization for up to 60 months; clarifying purposes for which community rehabilitation funds may be used; establishing account to provide homeownership opportunities for disabled; modifying low-income housing credits; amending Minnesota Statutes 1998, sections 462.357, subdivision 5; 462A.073, subdivision 2; 462A.205, subdivisions 1, 2, 5, 6, and 9; 462A.206, subdivision 2; 462A.21, by adding a subdivision; 462A.222, subdivision 3; and 462A.223, subdivision 2; repealing Minnesota Statutes 1998, section 462A.073, subdivision 3.

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

Senators Higgins, Pappas and Limmer.

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

Patrick E. Flahaven, Secretary of the Senate

Gunther moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1821. The motion prevailed.

Mr. Speaker:

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

S. F. No. 851, A bill for an act relating to local government; removing the expiration of corporations created by political subdivisions; establishing a task force to develop legislation relating to establishment of corporations by political subdivisions; amending Minnesota Statutes 1998, section 465.715, subdivision 1a.

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

Senators Vickerman; Kelley, S. P., and Frederickson.

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

Patrick E. Flahaven, Secretary of the Senate

Rest moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 851. The motion prevailed.


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3842

Mr. Speaker:

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

S. F. No. 2044, A bill for an act relating to gambling; authorizing dice games in retail establishments licensed to sell alcoholic beverages under certain circumstances; amending Minnesota Statutes 1998, sections 340A.410, subdivision 5; and 609.761, by adding a subdivision.

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

Senators Vickerman; Kelley, S. P., and Pariseau.

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

Patrick E. Flahaven, Secretary of the Senate

Dehler moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2044. The motion prevailed.

Mr. Speaker:

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

S. F. No. 233, A bill for an act relating to real property; providing for definite and specific descriptions for certain easements; applying the requirement retroactively to all easements whenever created; providing that certain deficiency judgment requirements do not apply to property that is not used for agricultural production by the mortgagor; amending Minnesota Statutes 1998, sections 300.045; and 582.30, subdivision 1.

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

Senators Ten Eyck, Knutson and Betzold.

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

Patrick E. Flahaven, Secretary of the Senate

Bishop moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 233. The motion prevailed.


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3843

CONSENT CALENDAR

S. F. No. 171 was reported to the House.

Upon objection of ten members, S. F. No. 171 was stricken from the Consent Calendar and placed on the General Register.

SUSPENSION OF RULES

Bishop moved that the rules be so far suspended that S. F. No. 171 be taken from the General Register and be placed on the Consent Calendar. The motion prevailed.

S. F. No. 171 was reported to the House.

S. F. No. 171, A bill for an act relating to commerce; providing an appropriation for an education campaign on mortgage flipping; establishing penalties; proposing coding for new law in Minnesota Statutes, chapter 82B.

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

The bill was passed and its title agreed to.

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


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3844

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately preceding the remaining bills on the Calendar for the Day, for Thursday, May 6, 1999:

S. F. No. 1605; H. F. No. 1195; S. F. Nos. 709, 768 and 1094; H. F. No. 1493; and S. F. No. 84.

CALENDAR FOR THE DAY

S. F. No. 1605, A bill for an act relating to labor relations; providing arbitration procedures for firefighters; amending Minnesota Statutes 1998, section 179A.16, by adding a subdivision.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

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


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3845

MOTIONS AND RESOLUTIONS

Rifenberg moved that H. F. No. 1158 be returned to its author. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 653:

Carruthers, Smith and Skoglund.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 851:

Rest, Abrams and Harder.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1099:

Osskopp, Davids and Wejcman.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1219:

Goodno, Abrams and Greenfield.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1382:

Goodno, Entenza and Fuller.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2044:

Dehler, Kielkucki and Tomassoni.

ADJOURNMENT

Molnau moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, May 7, 1999. The motion prevailed.

Molnau moved that the House adjourn. The motion prevailed, and Speaker pro tempore Abrams declared the House stands adjourned until 9:00 a.m., Friday, May 7, 1999.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 59th Day - Thursday, May 6, 1999 - Top of Page 3846