STATE OF MINNESOTA Journal of the House SEVENTY-EIGHTH SESSION 1994 __________________ NINETY-FIFTH DAY Saint Paul, Minnesota, Thursday, April 21, 1994 The House of Representatives convened at 8:45 a.m. and was called to order by Irv Anderson, Speaker of the House. Prayer was offered by Pastor Eric Hansen, Blue Earth Assembly of God, Blue Earth, Minnesota. The roll was called and the following members were present: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. A quorum was present. Clark was excused until 9:30 a.m. Knickerbocker and Stanius were excused until 10:20 a.m. The Chief Clerk proceeded to read the Journal of the preceding day. Kalis moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed. REPORTS OF CHIEF CLERK S. F. No. 609 and H. F. No. 662, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. SUSPENSION OF RULES Orfield moved that the rules be so far suspended that S. F. No. 609 be substituted for H. F. No. 662 and that the House File be indefinitely postponed. The motion prevailed. S. F. No. 2858 and H. F. No. 2770, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. SUSPENSION OF RULES Wejcman moved that the rules be so far suspended that S. F. No. 2858 be substituted for H. F. No. 2770 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 15, 1994 The Honorable Irv Anderson Speaker of the House of Representatives The State of Minnesota Dear Speaker Anderson: 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 File: H. F. No. 1880, memorializing the Congress of the United States to propose an amendment to the United States Constitution, for ratification by the states, specifying that Congress and the states shall have the power to prohibit the physical desecration of the flag of the United States. Warmest regards, Arne H. Carlson Governor STATE OF MINNESOTA OFFICE OF THE GOVERNOR SAINT PAUL 55155 April 15, 1994 The Honorable Irv Anderson Speaker of the House of Representatives The State of Minnesota Dear Speaker Anderson: 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. 2936, relating to Ramsey county; providing for funding the maintenance of turnback roads in Ramsey county. H. F. No. 2269, relating to retirement; teachers retirement association; authorizing annuity adjustment for a certain annuitant. H. F. No. 1966, relating to peace officers; authorizing officers of states adjoining Minnesota to render assistance to peace officers of this state on request; granting these officers arrest authority in this state under certain circumstances; extending the state and local government tort liability laws to the conduct of these officers. H. F. No. 1928, relating to motor vehicles; authorizing special license plates for vehicles owned by volunteer ambulance drivers. H. F. No. 2665, relating to parks and recreation; adding lands to certain state parks; converting certain recreation areas to state parks; deleting land from a recreation area; combining a trail and certain waysides into a recreation area; abolishing a state park; allowing sale of tax-forfeited land within Tettegouche State Park. H. F. No. 2967, relating to local government; giving the Minneapolis school district and the municipal building commission the same authority as the city of Minneapolis to negotiate certain trade and craft contracts. Warmest regards, Arne H. Carlson Governor STATE OF MINNESOTA OFFICE OF THE SECRETARY OF STATE ST. PAUL 55155 The Honorable Irv Anderson 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 1994 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. 1994 1994 1880 Resolution No. 51:28 p.m. April 15 April 15 1911 438 1:42 p.m. April 15 April 15 2936 439 1:27 p.m. April 15 April 15 2269 440 1:30 p.m. April 15 April 15 1966 441 1:32 p.m. April 15 April 15 1951 442 1:45 p.m. April 15 April 15 1928 443 1:34 p.m. April 15 April 15 1825 444 1:47 p.m. April 15 April 15 2672 445 1:50 p.m. April 15 April 15 2070 446 1:52 p.m. April 15 April 15 2267 447 1:55 p.m. April 15 April 15 2665 448 1:35 p.m. April 15 April 15 819 449 1:58 p.m. April 15 April 15 2967 450 1:40 p.m. April 15 April 15 Sincerely, Joan Anderson Growe Secretary of State STATE OF MINNESOTA OFFICE OF THE GOVERNOR SAINT PAUL 55155 April 18, 1994 The Honorable Irv Anderson Speaker of the House of Representatives The State of Minnesota Dear Speaker Anderson: 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. 2634, relating to transportation; requiring understandable notice of requirements for appealing town road damage awards. H. F. No. 2373, relating to agriculture; modifying certain provisions relating to wheat and barley promotion orders and the payment and refund of checkoff fees. H. F. No. 2772, relating to state government; public employment establishing a pilot project in certain agencies; permitting the waiver of rules governing the classified and unclassified service of the state by joint committees. H. F. No. 2212, relating to the environment; genetically engineered organisms; authorizing the department of agriculture to exempt certain federally monitored releases; authorizing the environmental quality board to adopt rules relating to certain releases; providing for certain exemptions. H. F. No. 2553, relating to retirement; public employees retirement association; permitting purchase of service credit by certain soil and water conservation district employees. H. F. No. 1844, A bill for an act relating to highways; designating trunk highway marked No. 212 as the Minnesota Veterans Memorial Highway. H. F. No. 2657, relating to state parks; establishing a special state park permit for physically handicapped persons who do not own motor vehicles. H. F. No. 1927, relating to public employment; authorizing a Medicare coverage referendum for certain city of Karlstad hospital employees. H. F. No. 1936, relating to game and fish; requiring return to the water of fish snagged in certain waters. H. F. No. 2139, relating to real estate; regulating trust accounts; clarifying a definition for purposes of licensing real estate appraisers; regulating dual agency disclosure. H. F. No. 2856, relating to state lands; authorizing the sale of certain tax-forfeited lands that border public water in Mower county. H. F. No. 985, relating to retirement; public employees police and fire fund; modifying the disability benefit limitation for reemployed disabilitants. H. F. No. 2321, relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Clay and Wilkin counties. Warmest regards, Arne H. Carlson Governor STATE OF MINNESOTA OFFICE OF THE SECRETARY OF STATE ST. PAUL 55155 The Honorable Irv Anderson 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 1994 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. 1994 1994 2634 451 3:04 p.m. April 18 April 18 2373 452 3:05 p.m. April 18 April 18 2772 453 3:06 p.m. April 18 April 18 2212 454 3:07 p.m. April 18 April 18 2262 455 3:02 p.m. April 18 April 18 2553 456 3:08 p.m. April 18 April 18 1844 457 3:09 p.m. April 18 April 18 2657 458 3:10 p.m. April 18 April 18 1927 459 3:12 p.m. April 18 April 18 1936 460 3:14 p.m. April 18 April 18 2139 461 3:14 p.m. April 18 April 18 2856 462 3:16 p.m. April 18 April 18 985 463 3:17 p.m. April 18 April 18 2321 464 3:20 p.m. April 18 April 18 Sincerely, Joan Anderson Growe Secretary of State SECOND READING OF SENATE BILLS S. F. Nos. 609 and 2858 were read for the second time. INTRODUCTION AND FIRST READING OF HOUSE BILLS The following House File was introduced: Lieder; Garcia; Johnson, V.; Kalis and Anderson, I., introduced: H. F. No. 3230, A bill for an act proposing an amendment to the Minnesota Constitution; dedicating part of tax on vehicles to public transit; expanding transportation purposes for which highway user tax proceeds may be used by the metropolitan area; providing for annual inflation adjustments to motor fuel tax rate contingent on approval of constitutional dedication of motor fuel excise tax revenues; amending the Minnesota Constitution, article XI, by adding a section; and article XIV, section 5; amending Minnesota Statutes 1992, section 296.02, by adding a subdivision; repealing Minnesota Statutes 1992, section 297B.09. The bill was read for the first time and referred to the Committee on Rules and Legislative Administration. Carruthers moved that the House recess subject to the call of the Chair to meet with the Senate in Joint Convention. The motion prevailed. RECESS RECONVENED The House reconvened and was called to order by the Speaker. The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber. JOINT CONVENTION The Speaker of the House as President of the Joint Convention called the Joint Convention to order. Prayer was offered by Pastor Eric Hansen, Blue Earth Assembly of God, Blue Earth, Minnesota. The roll being called, the following Senators answered to their names: Adkins, Anderson and Beckman. Senator Moe, R. D., moved that further proceedings of the roll call be dispensed with. The motion prevailed and a quorum was declared present. April 19, 1994 REPORT FROM THE HOUSE AND SENATE COMMITTEES ON EDUCATION To the Honorable Irv Anderson, Speaker of the House of Representatives, as President of the Joint Convention of the Senate and House of Representatives meeting to elect a Regent of the University of Minnesota. The House Committee on Education and the Senate Committee on Education make the following report: We have selected Hyon T. Kim as nominee for the Fourth Congressional District Regent of the University of Minnesota, to fill the remainder of the term of Ann Wynia to expire in 1997. We hereby submit the recommendation and the terms of said person in nomination for the office and terms herein before designated. Respectfully submitted, Lyndon R. Carlson, Chair House Education Committee Co-Chair of the Joint Committee LeRoy A. Stumpf, Co-Chair Senate Education Committee Co-Chair of the Joint Committee Lawrence J. Pogemiller, Co-Chair Senate Education Committee Co-Chair of the Joint Committee Representative Carlson and Senators Stumpf and Pogemiller moved that the report of the Joint Committee be adopted. The motion prevailed and the report was adopted. ELECTION OF REGENT Pursuant to the Joint Rules of the Senate and House of Representatives the Joint Convention proceeded to elect a Regent from the Fourth Congressional District. Hyon T. Kim was nominated by the Joint Committee for the remainder of the term of Ann Wynia to expire in 1997. There being no further nominations, the President declared nominations closed. The Secretary called the roll. 169 members voted for Hyon T. Kim, Fourth Congressional District Regent, for the remainder of the term of Ann Wynia to expire in 1997, as follows: SENATE ROLL CALL Adkins Anderson Benson, D. D. Benson, J. E. Berg Berglin Betzold Chandler Cohen Day Finn Flynn Frederickson Hanson Hottinger Janezich Johnson, D. E. Johnson, D. J. Johnson, J. B. Johnston Kelly Kiscaden Krentz Lesewski Luther Marty McGowan Merriam Metzen Morse Neuville Novak Oliver Olson Pappas Piper Ranum Reichgott Junge Riveness Robertson Runbeck Sams Samuelson Solon Spear Stumpf Terwilliger Vickerman Wiener HOUSE OF REPRESENTATIVES ROLL CALL Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knight Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, K. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Wagenius Waltman Wejcman Winter Wolf Worke Workman 25 members voted for Gerald Christenson, Fourth Congressional District, for the remainder of the term of Ann Wynia to expire in 1997, as follows: SENATE ROLL CALL Belanger Bertram Chmielewski Dille Knutson Kroening Laidig Langseth Larson Lessard Moe, R. D. Murphy Price Stevens HOUSE OF REPRESENTATIVES ROLL CALL Koppendrayer Krinkie Olson, E. Olson, M. Pawlenty Smith Solberg Vickerman Weaver Wenzel Pres. Anderson, I. DECLARATION OF ELECTION Hyon T. Kim having received the largest number of votes at the Joint Convention was declared by the President of the Joint Convention to be elected to the Board of Regents of the University of Minnesota. Moe, R. D., moved that the Joint Convention arise. The motion prevailed and the President declared the Joint Convention adjourned. RECONVENED The House reconvened and was called to order by the Speaker. 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. 2013, A bill for an act relating to public employment; correcting unintended omissions from previous early retirement legislation; ratifying certain prior payments. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned: H. F. No. 2275, A bill for an act relating to taxes; making tax policy, collections, and administrative changes; amending Minnesota Statutes 1992, sections 168.011, subdivision 8; 168.012, subdivision 9; 239.05, subdivision 10a; 239.761, subdivision 3; 270.052; 270.0605; 270.10, by adding a subdivision; 270.60, subdivisions 1 and 2; 270.69, subdivision 4, and by adding a subdivision; 270.70, subdivision 2; 270.72, subdivision 1; 270B.02, subdivisions 3 and 5; 270B.03, subdivision 1; 270B.12, subdivision 3, and by adding a subdivision; 270B.14, by adding a subdivision; 273.12; 289A.37, subdivision 1; 289A.60, by adding subdivisions; 290.01, subdivision 3a; 290A.08; 290A.18, subdivision 2; 296.01, subdivisions 14, 18, 19, 20, 32, 34, and by adding subdivisions; 296.02, subdivision 1; 296.025, subdivision 1, and by adding a subdivision; 296.06, subdivision 2; 296.12, subdivisions 1, 2, 3, 4, 5, 8, 10, and 11; 296.15, subdivisions 2, 4, 5, and 6; 296.16, subdivision 2; 296.165, subdivision 1; 296.25, subdivision 1, and by adding a subdivision; 297.03, subdivision 7; 297A.25, subdivision 9; and 297C.13, subdivision 1; Minnesota Statutes 1993 Supplement, sections 116.07, subdivision 10; 270.06; 270.41, subdivision 5; 270B.01, subdivision 8; 272.115, subdivision 1; 273.124, subdivision 13; 275.065, subdivision 6; 289A.18, subdivision 4; 289A.20, subdivision 4; 290.01, subdivision 19; 297A.01, subdivision 15; 297A.07, subdivision 1; and 297A.25, subdivision 11; proposing coding for new law in Minnesota Statutes, chapters 270; 296; 297; 384; and 385; repealing Minnesota Statutes 1992, sections 270.0604, subdivision 6; 272.09; 272.46, subdivision 1; 272.47; 296.03; 296.14; 296.15, subdivision 3; and 297A.07, subdivision 2. Patrick E. Flahaven, Secretary of 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. 2351, A bill for an act relating to crime and crime prevention; appropriating money for the attorney general, department of administration, public defense, courts, corrections, criminal justice, and crime prevention and education programs; increasing penalties for a variety of violent crimes; increasing regulation of and penalties for unlawful possession or use of firearms and other dangerous weapons; providing for access to and sharing of government data relating to criminal investigations; improving law enforcement investigations of reports of missing and endangered children; enhancing 911 telephone service; providing a number of new investigative tools for law enforcement agencies; regulating explosives and blasting agents; modifying programs in state and local correctional facilities; increasing crime victim rights and protections; increasing court witness fees; requiring a study of civil commitment laws; completing the state takeover of public defender services; authorizing a variety of crime prevention programs; making it a crime to engage in behavior that transmits the HIV virus; requiring dangerous repeat offenders to serve mandatory minimum terms; requiring inmates to contribute to costs of confinement; providing mandatory minimum sentences for certain criminal sexual conduct offenses; providing that certain sex offenders shall serve indeterminate sentences; making it a crime to possess a dangerous weapon in any courthouse and certain state public buildings; mandating that parents are responsible for providing health care to children; amending Minnesota Statutes 1992, sections 2.722, subdivision 1; 8.06; 13.99, subdivision 79; 84.9691; 123.3514, subdivision 3, and by adding a subdivision; 126.02, subdivision 1; 144.125; 145A.05, by adding a subdivision; 152.01, by adding a subdivision; 152.021, subdivision 1; 152.024, subdivision 1; 169.89, subdivision 2; 171.18, subdivision 1; 171.22, subdivision 2; 241.26, subdivision 7; 243.05, subdivision 1, and by adding subdivisions; 243.166, subdivision 5; 243.18, subdivision 1; 243.23, subdivision 2; 243.24, subdivision 1; 244.09, by adding a subdivision; 244.12, subdivisions 1 and 2; 244.15, subdivision 4; 253B.19, subdivision 2; 260.161, by adding a subdivision; 299A.31; 299A.32, subdivision 3; 299A.38, subdivision 3; 299C.065, as amended; 299C.11; 299C.14; 299C.52, subdivision 1; 299C.53, subdivision 1, and by adding a subdivision; 299D.07; 299F.71; 299F.72, subdivision 2, and by adding subdivisions; 299F.73; 299F.74; 299F.75; 299F.77; 299F.78, subdivision 1; 299F.79; 299F.80; 299F.82; 299F.83; 352.91, by adding subdivisions; 352.92, subdivision 2; 357.22; 357.241; 357.242; 383B.225, subdivision 6; 388.051, by adding a subdivision; 403.02, by adding a subdivision; 403.11, subdivisions 1 and 4; 477A.012, by adding a subdivision; 480.09, by adding a subdivision; 485.06; 494.05; 508.11; 600.23, subdivision 1; 609.0331; 609.0332; 609.152, by adding a subdivision; 609.165, by adding a subdivision; 609.185; 609.2231, subdivision 2; 609.224, by adding a subdivision; 609.245; 609.25, subdivision 2; 609.321, subdivision 12; 609.3241; 609.325, subdivision 2; 609.341, subdivisions 11, 12, and by adding subdivisions; 609.342, subdivisions 1 and 2; 609.3451, subdivision 1; 609.377; 609.485, subdivisions 2 and 4; 609.497, subdivision 1, and by adding a subdivision; 609.506, by adding subdivisions; 609.52, subdivision 3; 609.5315, subdivision 3; 609.561, by adding a subdivision; 609.611; 609.66, subdivisions 1, 1b, 1c, and by adding a subdivision; 609.713, subdivision 3; 609.72, subdivision 1; 609.855; 609.87, by adding a subdivision; 609.88, subdivision 1; 609.89, subdivision 1; 611.21; 611.26, subdivisions 4 and 6; 611A.036; 611A.045, subdivision 3; 611A.19; 611A.53, subdivision 2; 617.23; 624.714, subdivision 3; 626.556, subdivisions 3a and 10e; 626.557, subdivisions 2, 10a, and 12; 626.76; 626.846, subdivision 6; 626A.05, subdivision 2; 629.471; 629.73; and 631.425, subdivision 6; Minnesota Statutes 1993 Supplement, sections 8.15; 13.46, subdivision 2; 13.82, subdivision 10; 144.651, subdivisions 2, 21, and 26; 152.022, subdivision 1; 152.023, subdivision 2; 171.24; 242.51; 243.166, subdivisions 1, 2, 3, 4, 6, and 9; 243.18, subdivision 2; 244.05, subdivisions 4 and 5; 244.101, by adding a subdivision; 244.14, subdivision 3; 253B.03, subdivisions 3 and 4; 260.161, subdivisions 1 and 3; 299C.10, subdivision 1; 299C.65, subdivision 1; 357.021, subdivision 2; 357.24; 388.23, subdivision 1; 401.13; 462A.202, by adding a subdivision; 473.407, subdivision 1; 480.30; 518B.01, subdivisions 2, 6, and 14; 593.48; 609.11, subdivisions 4, 5, 7, 8, and by adding a subdivision; 609.14, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 609.346, subdivision 2; 609.378, subdivision 1; 609.531, subdivision 1; 609.66, subdivision 1a; 609.685, subdivision 3; 609.713, subdivision 1; 609.748, subdivision 5; 609.902, subdivision 4; 611.17; 611.20, subdivision 2; 611.27, subdivision 4; 611A.04, subdivision 1; 611A.06, subdivision 1; 611A.52, subdivision 8; 624.712, subdivision 5; 624.713, subdivision 1; 624.7131, subdivision 1; 624.7132, subdivisions 1 and 12; 624.7181; 626.556, subdivision 2; and 626.861, subdivision 4; Laws 1993, chapter 146, article 2, section 32; proposing coding for new law in Minnesota Statutes, chapters 8; 16B; 116J; 126; 144; 241; 243; 245; 253B; 268; 299C; 299F; 403; 609; 611A; 626; and 629; repealing Minnesota Statutes 1992, sections 152.01, subdivision 17; 260.315; 299F.72, subdivisions 3 and 4; 299F.78, subdivision 2; 299F.815, as amended; 609.0332, subdivision 2; and 629.69; Minnesota Statutes 1993 Supplement, sections 243.18, subdivision 3; and 299F.811. The Senate has appointed as such committee: Messrs. Spear and Beckman; Ms. Ranum; Messrs. McGowan and Kelly. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: H. F. No. 2882, A bill for an act relating to motor carriers; exempt carriers; providing an exemption for transportation of potatoes; amending Minnesota Statutes 1993 Supplement, section 221.025. The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce the following change in the membership of the Conference Committee on S. F. No. 2900: The name of Mrs. Benson, J. E., has been stricken, and the name of Mr. Larson has been added. 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. 2303, A bill for an act relating to highway safety; requiring persons age 55 or over to complete a refresher course in accident prevention in order to remain eligible for a reduction in private passenger vehicle insurance rates; amending Minnesota Statutes 1992, section 65B.28. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Ms. Pappas, Mr. Larson and Ms. Flynn. 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 Ostrom 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. 2303. 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. 584, A bill for an act relating to free speech; protecting citizens and organizations from civil lawsuits for exercising their rights of public participation in government; proposing coding for new law as Minnesota Statutes, chapter 554. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Mses. Krentz, Reichgott Junge and Robertson. 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 Pugh 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. 584. 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. 2009, A bill for an act relating to public safety; increasing membership of emergency response commission by one representative of emergency managers; amending Minnesota Statutes 1992, section 299K.03, subdivision 3. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Messrs. Terwilliger, Metzen and Beckman. 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 Olson, M., 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. 2009. 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. 2710, A bill for an act relating to health; modifying provisions relating to lead abatement; amending Minnesota Statutes 1992, sections 144.871, subdivision 3; and 144.874, subdivision 12, and by adding a subdivision; Minnesota Statutes 1993 Supplement, sections 16B.61, subdivision 3; 144.871, subdivision 2; 144.872, subdivision 2; 144.874, subdivisions 1, 3, 9, and 11a; 144.878, subdivisions 2 and 5; and 326.71, subdivision 4; repealing Minnesota Statutes 1993 Supplement, section 144.877. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Messrs. Solon, Vickerman and Benson, D. D. 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 Clark 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. 2710. 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. 1788, A bill for an act relating to waste management; applying government waste reduction requirements to compilations of game and fish laws; clarifying the state's waste management goals; adding heat pumps to the definition of major appliances; requiring public education on reuse; authorizing larger capital assistance grants to resource recovery projects under certain circumstances; listing preferences for use of packaging; establishing enforcement of the authority of certain counties to inspect records of certain facilities; clarifying management of waste antifreeze and motor oil filters; establishing a process for resolution of disputes related to toxics in packaging and requiring a report; clarifying the prohibition on toxics in products and providing for exemptions; requiring and authorizing training and certification of appliance recyclers and servicers respectively; removing the federal government from the definition of commercial transporter of medical waste; requiring medical waste management plans to contain information regarding mailing of sharps; banning sale of apparel containing mercury switches; authorizing private ownership of solid waste facilities; permitting counties and local governments to impose certain conditions on disposal of unprocessed solid waste; authorizing counties to require record keeping; adding requirements for liners and leachate systems; expanding the restriction on disposal of unprocessed waste from the metropolitan area; requiring a report on management of waste electronic appliances; requiring a report on products that contain mercury; requiring a report on recycling facilities; requiring a report on recycled antifreeze; providing penalties and remedies; amending Minnesota Statutes 1992, sections 8.31, subdivision 1; 97A.051, subdivision 1; 115A.02; 115A.03, subdivision 17a; 115A.072, subdivision 4; 115A.5501, subdivisions 1, 2, and by adding subdivisions; 115A.554; 115A.557, subdivisions 3 and 4; 115A.87; 115A.882, by adding a subdivision; 115A.9157, subdivisions 4 and 5; 115A.918, subdivision 1, and by adding a subdivision; 115A.95; 115A.9561, subdivision 2; 115A.965, subdivision 6, and by adding a subdivision; 116.07, subdivision 4h; 116.76, subdivision 4; 116.92, subdivision 8; 473.803, subdivisions 1 and 1c; 473.811, subdivisions 5 and 5a; 473.843, subdivision 1; 473.844, subdivision 1a; 473.845, subdivision 3; and 473.848, subdivisions 1 and 5; Minnesota Statutes 1993 Supplement, sections 115A.54, subdivision 2a; 115A.5501, subdivision 3; 115A.916; 115A.929; 115A.9651; 115A.981, subdivision 3; 116.79, subdivision 1; 473.149, subdivision 6; 473.846; and 473.848, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 115A; 116; 325E; and 473; repealing Minnesota Statutes 1993 Supplement, section 115A.542. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Mses. Johnson, J. B. and Wiener; Messrs. Chandler, Mondale 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 Wagenius moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1788. The motion prevailed. The Speaker called Kahn to the Chair. Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2405, A bill for an act relating to retirement; making various administrative and minor substantive changes in the laws governing the Minnesota state retirement system, the public employees retirement association, the teachers retirement association, and police and firefighters retirement law; requiring disclosure of certain investment information; amending Minnesota Statutes 1992, sections 352.01, subdivisions 11 and 13; 352.029, subdivision 1, and by adding subdivisions; 352.04, subdivisions 2 and 3; 352.119, by adding a subdivision; 352B.265; 352D.04, subdivision 2; 353.03, subdivisions 1 and 3a; 354.05, subdivisions 2, 21, 22, 35, and by adding subdivisions; 354.06, subdivisions 2a and 4; 354.071, subdivision 5; 354.091; 354.10, subdivisions 1 and 2; 354.41, subdivision 4, and by adding subdivisions; 354.42, subdivisions 3 and 5; 354.44, subdivisions 1a, 4, and 5a; 354.47; 354.48, subdivision 2; 354.49, subdivision 1; 354.52, subdivisions 2, 2a, 4, and by adding subdivisions; 354.66, subdivisions 2, 3, and by adding a subdivision; and 356.30, subdivision 1; Minnesota Statutes 1993 Supplement, sections 3A.02, subdivision 5; 352.22, subdivision 2; 352.93, subdivision 2a; 352.96, subdivision 4; 352B.08, subdivision 2a; 353.01, subdivisions 10, 12a, 16, and 28; 353.017, subdivisions 1, 3, and by adding subdivisions; 353.27, subdivision 7; 353.37, subdivisions 1, 2, and 4; 353.65, subdivision 3a; 353A.08, subdivision 3; 354.05, subdivision 8; and 354.46, subdivisions 1 and 5; proposing coding for new law in Minnesota Statutes, chapters 354; 356; and 423A; repealing Minnesota Statutes 1992, sections 352.15, subdivision 2; 352D.09, subdivision 6; 354.05, subdivisions 15 and 29; 354.43, subdivision 3; 354.57; 354.65; and 356.18. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Reding moved that the House concur in the Senate amendments to H. F. No. 2405 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 2405, A bill for an act relating to retirement; making various administrative and minor substantive changes in the laws governing the Minnesota state retirement system, the public employees retirement association, and the teachers retirement association; amending Minnesota Statutes 1992, sections 352.01, subdivisions 11 and 13; 352.029, subdivision 1, and by adding subdivisions; 352.04, subdivisions 2 and 3; 352.119, by adding a subdivision; 352B.265; 352D.04, subdivision 2; 353.03, subdivisions 1 and 3a; 354.05, subdivisions 2, 21, 22, 35, and by adding subdivisions; 354.06, subdivisions 2a and 4; 354.071, subdivision 5; 354.091; 354.10, subdivisions 1 and 2; 354.41, subdivision 4, and by adding subdivisions; 354.42, subdivisions 3 and 5; 354.44, subdivisions 1a, 4, and 5a; 354.47; 354.48, subdivision 2; 354.49, subdivision 1; 354.52, subdivisions 2, 2a, 4, and by adding subdivisions; 354.66, subdivisions 2, 3, and by adding a subdivision; and 356.30, subdivision 1; Minnesota Statutes 1993 Supplement, sections 3A.02, subdivision 5; 352.22, subdivision 2; 352.93, subdivision 2a; 352.96, subdivision 4; 352B.08, subdivision 2a; 353.01, subdivisions 10, 12a, 16, and 28; 353.017, subdivisions 1, 3, and by adding subdivisions; 353.27, subdivision 7; 353.37, subdivisions 1, 2, and 4; 353.65, subdivision 3a; 353A.08, subdivision 3; 354.05, subdivision 8; and 354.46, subdivisions 1 and 5; proposing coding for new law in Minnesota Statutes, chapters 354; and 356; repealing Minnesota Statutes 1992, sections 352.15, subdivision 2; 352D.09, subdivision 6; 354.05, subdivisions 15 and 29; 354.43, subdivision 3; 354.57; 354.65; and 356.18. 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 128 yeas and 4 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Koppendrayer Krinkie Krueger Lasley Leppik Lieder Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Wolf Worke Workman Spk. Anderson, I. Those who voted in the negative were: Knight Limmer Lindner Olson, M. 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 amendment the concurrence of the House is respectfully requested: H. F. No. 423, A bill for an act relating to health; clean indoor air act; adding common areas of apartments to public places where smoking is prohibited; amending Minnesota Statutes 1992, section 144.413, subdivision 2. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Garcia moved that the House concur in the Senate amendments to H. F. No. 423 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 423, A bill for an act relating to health; clean indoor air act; adding common areas of apartments to public places where smoking is prohibited; amending Minnesota Statutes 1992, section 144.413, 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 111 yeas and 21 nays as follows: Those who voted in the affirmative were: Abrams Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Dawkins Delmont Dorn Erhardt Evans Farrell Frerichs Garcia Goodno Greenfield Greiling Gruenes Hasskamp Haukoos Hausman Holsten Huntley Jacobs Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Krueger Lasley Leppik Lieder Limmer Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Solberg Stanius Steensma Swenson Tomassoni Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Spk. Anderson, I. Those who voted in the negative were: Anderson, R. Davids Dehler Dempsey Finseth Girard Gutknecht Hugoson Jaros Knight Koppendrayer Krinkie Lindner Milbert Osthoff Smith Sviggum Tompkins Wolf Worke Workman 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 amendment the concurrence of the House is respectfully requested: H. F. No. 664, A bill for an act relating to education; modifying certain teacher retirement programs to encourage experienced teachers to participate in job sharing; amending Minnesota Statutes 1992, sections 354.66, subdivisions 2 and 4; and 354A.094, subdivisions 3 and 4. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Greiling moved that the House concur in the Senate amendments to H. F. No. 664 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 664, A bill for an act relating to education; modifying the teacher retirement program to provide an incentive for experienced teachers to participate in job sharing amending Minnesota Statutes 1992, sections 354.66, subdivisions 2 and 4; and 354A.094, subdivisions 3 and 4. 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 111 yeas and 23 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Garcia Goodno Greenfield Greiling Gruenes Hasskamp Hausman Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Krinkie Krueger Lasley Leppik Lieder Limmer Long Lourey Luther Macklin Mariani McCollum McGuire Milbert Morrison Mosel Munger Murphy Neary Ness Olson, E. Olson, K. Opatz Orenstein Orfield Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Swenson Tomassoni Tompkins Trimble Tunheim Vellenga Wagenius Waltman Weaver Wejcman Wenzel Winter Workman Spk. Anderson, I. Those who voted in the negative were: Bettermann Dehler Frerichs Girard Gutknecht Haukoos Hugoson Koppendrayer Lindner Lynch Mahon Molnau Nelson Olson, M. Onnen Osthoff Stanius Sviggum Van Dellen Van Engen Vickerman Wolf Worke 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 amendment the concurrence of the House is respectfully requested: H. F. No. 1901, A bill for an act relating to local government; permitting the city of Hutchinson to incur debt for certain improvements; authorizing a reverse referendum on the issuance of city bonds. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Ness moved that the House concur in the Senate amendments to H. F. No. 1901 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 1901, A bill for an act relating to local government; permitting the city of Hutchinson to incur debt for certain improvements; authorizing a reverse referendum on the issuance of city bonds. 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 131 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pelowski Perlt Peterson Pugh Reding Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. 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 Senate Files, herewith transmitted: S. F. Nos. 2498 and 2429. Patrick E. Flahaven, Secretary of the Senate FIRST READING OF SENATE BILLS S. F. No. 2498, A bill for an act relating to retirement; offering options of coverage for employees of the higher education board upon merger of the state university system, community college board, and technical college board; amending Minnesota Statutes 1992, sections 136E.04, by adding a subdivision; 354.66, subdivision 2; 354B.07, subdivision 1; and 354B.08; Minnesota Statutes 1993 Supplement, sections 352.01, subdivision 2b; 353.01, subdivision 2a; 354B.02, subdivision 3c; and 354B.05, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 136C; and 136E. The bill was read for the first time. Reding moved that S. F. No. 2498 and H. F. No. 2698, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 2429, A bill for an act relating to natural resources; modifying the list of protected game birds; authorizing nonresident multiple zone antlered deer licenses; purchase of archery deer licenses after the firearms season opens; administration of contraceptive chemicals to wild animals; taking big game by handgun in a shotgun deer zone; possession of firearms in muzzle-loader only deer zones; modifying restrictions on operation of snowmobiles by minors; providing for free small game licenses for disabled veterans; undesirable exotic aquatic plants and wild animals; Eurasian wild pigs; clarifying the requirement to wear blaze orange clothing during deer season; allowing local road authorities to remove beaver dams and lodges near public roads; allowing released game birds to be recaptured without a license; allowing use of retractable broadhead arrows in taking big game; defining tip-up to include certain mechanical devices for hooking fish; allowing nonresidents to take rough fish by harpooning; requiring the department of natural resources to share in the expense of partition fences; allowing the taking of two deer in designated counties during the 1994 and 1995 hunting seasons; abolishing the nonresident bear guide license; amending Minnesota Statutes 1992, sections 18.317, subdivisions 1, 1a, 2, 3, 4, and 5; 84.966, subdivision 1; 84.967; 84.968, subdivision 2; 84.9691; 86B.401, subdivision 11; 97A.015, subdivisions 24, 45, and 52; 97A.105, subdivision 6; 97A.115, subdivision 2; 97A.441, by adding a subdivision; 97A.475, subdivision 3; 97A.485, subdivision 9; 97A.501, by adding a subdivision; 97B.031, subdivision 2; 97B.211, subdivision 2; 97B.601, subdivision 3; 97B.605; 97B.631; 97B.655, subdivision 1; 97B.701, by adding a subdivision; 97B.711, subdivision 1; 97C.321, subdivision 2; and 344.03, subdivision 1; Minnesota Statutes 1993 Supplement, sections 18.317, subdivision 3a; 84.872; 84.9692, subdivisions 1 and 2; 84.9695, subdivisions 1, 8, and 10; 97B.041; 97B.071; and 97B.711, subdivision 2; Laws 1993, chapters 129, section 4, subdivision 4; and 273, section 1; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1992, section 97A.475, subdivision 17. The bill was read for the first time. Milbert moved that S. F. No. 2429 and H. F. No. 2825, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. Long was excused between the hours of 11:00 a.m. and 12:40 p.m. CONSIDERATION UNDER RULE 1.10 Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. Nos. 2918, 2158 and 2227. H. F. No. 2918 was reported to the House. Battaglia moved to amend H. F. No. 2918 as follows: Page 1, line 14, delete "used by" and insert "is appropriated to" The motion prevailed and the amendment was adopted. Finseth moved to amend H. F. No. 2918, as amended, as follows: Page 1, line 16, delete "may" and insert "shall" The motion prevailed and the amendment was adopted. H. F. No. 2918, A bill for an act relating to natural resources; motor vehicles; establishing special vehicle license plates for wetlands wildlife purposes; creating the wetlands wildlife legacy account; proposing coding for new law in Minnesota Statutes, chapters 84; and 168. 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 130 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Perlt Peterson Pugh Reding Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. The bill was passed, as amended, and its title agreed to. H. F. No. 2158, A bill for an act relating to pollution; requiring that certain towns, cities, and counties have ordinances complying with pollution control agency rules regarding individual sewage treatment systems; requiring the agency to license sewage treatment professionals; requiring rulemaking; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115. 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 100 yeas and 27 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Dawkins Delmont Dempsey Dorn Erhardt Evans Farrell Frerichs Garcia Girard Goodno Greiling Gutknecht Hasskamp Haukoos Hausman Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Knickerbocker Krueger Lasley Leppik Lieder Limmer Lourey Luther Lynch Mahon Mariani McCollum McGuire Milbert Mosel Munger Murphy Neary Ness Olson, E. Opatz Orenstein Orfield Ostrom Ozment Pauly Pawlenty Perlt Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Swenson Tomassoni Trimble Van Dellen Van Engen Vellenga Weaver Wejcman Wenzel Wolf Worke Workman Spk. Anderson, I. Those who voted in the negative were: Davids Dehler Finseth Gruenes Holsten Hugoson Johnson, R. Klinzing Knight Koppendrayer Krinkie Lindner Macklin Molnau Nelson Olson, K. Olson, M. Onnen Peterson Stanius Steensma Sviggum Tompkins Tunheim Vickerman Waltman Winter The bill was passed and its title agreed to. H. F. No. 2227, A bill for an act relating to electric currents in earth; requiring the public utilities commission to appoint a team of science advisors; mandating scientific framing of research questions; providing for studies of stray voltage and the effects of earth as a conductor of electricity; requiring scientific peer review of findings and conclusions; providing for a report to the public utilities commission; appropriating money. 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 132 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. The bill was passed and its title agreed to. SPECIAL ORDERS S. F. No. 2500 was reported to the House. Trimble moved that S. F. No. 2500 be continued on Special Orders until Monday, April 25, 1994. The motion prevailed. H. F. No. 2651 was reported to the House. Pursuant to rule 1.09, H. F. No. 2651 was returned to General Orders. S. F. No. 2467 was reported to the House. Tunheim moved to amend S. F. No. 2467 as follows: Page 1, line 16, strike "19.5" and insert "24" Page 1, line 17, reinstate the stricken language and delete the underscored language A roll call was requested and properly seconded. The question was taken on the Tunheim amendment and the roll was called. There were 18 yeas and 109 nays as follows: Those who voted in the affirmative were: Carlson Dawkins Evans Finseth Hasskamp Jaros Kalis Lieder Milbert Olson, E. Olson, K. Opatz Perlt Rodosovich Rukavina Solberg Tunheim Spk. Anderson, I. Those who voted in the negative were: Abrams Anderson, R. Asch Battaglia Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Clark Commers Cooper Dauner Davids Dehler Delmont Dempsey Dorn Erhardt Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Haukoos Hausman Holsten Hugoson Huntley Jacobs Jefferson Johnson, A. Johnson, R. Johnson, V. Kahn Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Limmer Lindner Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, M. Onnen Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Peterson Pugh Reding Rest Rhodes Sarna Seagren Sekhon Simoneau Skoglund Smith Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman The motion did not prevail and the amendment was not adopted. The Speaker resumed the Chair. S. F. No. 2467, A bill for an act relating to game and fish; modifying size limits for walleye; changing the boundary of the West Central Goose Zone; amending Minnesota Statutes 1993 Supplement, section 97C.401, subdivision 2. The bill was read for the third time and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 3 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Workman Spk. Anderson, I. Those who voted in the negative were: Dehler Stanius Worke The bill was passed and its title agreed to. REPORT FROM THE COMMITTEE ON RULES AND LEGISLATIVE ADMINISTRATION Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately following printed Special Orders for today: S. F. No. 1930; H. F. No. 1918; S. F. Nos. 2642 and 1948; H. F. No. 3179; and S. F. No. 609. SPECIAL ORDERS, Continued S. F. No. 1930, A bill for an act relating to human services; mental health grants; rules concerning psychopathic personalities; treatment for alcohol, drug abuse, and chemical dependency; stepparent income standards under aid to families with dependent children; child support incentives; medical assistance for needy persons; state and county social service plans; organ and tissue transplants; family preservation; commissioner's reports; group residential housing payments and agreements; and paternity proceedings; amending Minnesota Statutes 1992, sections 245.696, subdivision 2; 254A.02, subdivision 11; 254B.04, subdivision 1; 254B.05, subdivision 1; 256.74, subdivision 1a; 256B.69, subdivision 4; 256E.04; 256E.09, subdivision 3; 256H.24; and 257.60; Minnesota Statutes 1993 Supplement, sections 246B.04; 256.979, subdivision 8; 256B.0629, subdivisions 3 and 4; 256F.11, subdivision 3; and 256I.04, subdivisions 1a and 2a; repealing Minnesota Statutes 1992, section 254A.16, subdivisions 3 and 4; Laws 1993, chapter 337, section 16. 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 132 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. The bill was passed and its title agreed to. H. F. No. 1918, A bill for an act relating to licensing; requiring the bureau of business licenses to expand services of the bureau; requiring a report to the governor and the legislature. 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 125 yeas and 8 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Koppendrayer Krueger Lasley Leppik Lieder Limmer Lindner Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Spk. Anderson, I. Those who voted in the negative were: Bettermann Hugoson Knight Krinkie Olson, M. Stanius Van Engen Workman The bill was passed and its title agreed to. S. F. No. 2642 was reported to the House. Dawkins moved to amend S. F. No. 2642 as follows: Page 6, after line 8, insert: "Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective the day following final enactment." The motion prevailed and the amendment was adopted. S. F. No. 2642, as amended, was read for the third time. Dawkins moved that S. F. No. 2642, as amended, be continued on Special Orders. The motion prevailed. S. F. No. 1948 was reported to the House. Winter moved that S. F. No. 1948 be continued on Special Orders. The motion prevailed. H. F. No. 3179 was reported to the House. Munger moved to amend H. F. No. 3179, the first engrossment, as follows: Page 1, after line 10, insert: "Section 1. [84.947] [WETLANDS WILDLIFE LEGACY ACCOUNT.] Subdivision 1. [ACCOUNT ESTABLISHED.] The wetlands wildlife legacy account is created in the state treasury. Subd. 2. [REVENUE FROM SPECIAL VEHICLE LICENSE PLATES.] Revenue from the $30 contribution made under section 168.1296 must be credited to the wetlands wildlife legacy account and is appropriated to the commissioner for the purposes of this section. Subd. 3. [USE OF ACCOUNT MONEY.] Money in the wetlands wildlife legacy account shall be used for acquiring, preserving, enhancing, restoring, establishing, and managing wetlands for the benefit of wildlife and for the management of migratory waterfowl and other wetlands wildlife." Page 11, after line 25, insert: "Sec. 10. [168.1296] [SPECIAL WETLANDS WILDLIFE LEGACY LICENSE PLATES.] Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The commissioner of public safety shall issue special wetlands wildlife legacy license plates to an applicant who: (1) is an owner or joint owner of a passenger automobile, pickup truck, or van; (2) pays a fee determined by the commissioner to cover the costs of handling and manufacturing the plates; (3) pays the registration tax required under section 168.12; (4) pays the fees required under this chapter; (5) contributes $30 annually to the wetlands wildlife legacy account established in section 84.947; and (6) complies with laws and rules governing registration and licensing of vehicles and drivers. Subd. 2. [DESIGN.] After consultation with interested groups, the commissioners of natural resources and public safety shall jointly select a suitable symbol representing Minnesota wetlands wildlife for use by the commissioner of public safety to design the special plates. Subd. 3. [NO REFUND.] Contributions under this section must not be refunded. Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12, subdivision 1, on payment of a transfer fee of $5, plates issued under this section may be transferred to another passenger automobile, pickup truck, or van owned or jointly owned by the person to whom the special plates were issued. Subd. 5. [CONTRIBUTION AND FEES CREDITED.] The $30 contribution collected under this section must be credited to the wetlands wildlife legacy account. The fees collected under this section must be deposited in the highway user tax distribution fund. Fees collected under this section do not include the contributions collected for the wetlands wildlife legacy account. Subd. 6. [RECORD.] The commissioner shall maintain a record of the number of special plates issued under this section." Renumber the sections in sequence and correct internal references Amend the title accordingly The motion prevailed and the amendment was adopted. Finseth; Johnson, R.; Tunheim and Lieder moved to amend H. F. No. 3179, the first engrossment, as amended, as follows: Page 1, after line 10, insert: "Section 1. Minnesota Statutes 1992, section 103F.516, subdivision 1, is amended to read: Subdivision 1. [EASEMENTS.] Upon application by a landowner, the board may acquire permanent easements on land containing type 1, 2, or 3, or 6 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition)." Page 5, line 7, after "2" insert "or 6" Renumber the sections in sequence and correct internal references Amend the title accordingly A roll call was requested and properly seconded. The question was taken on the Finseth et al amendment and the roll was called. There were 66 yeas and 63 nays as follows: Those who voted in the affirmative were: Abrams Bertram Bettermann Bishop Brown, C. Commers Cooper Davids Dehler Dempsey Dorn Erhardt Finseth Frerichs Girard Goodno Gruenes Gutknecht Haukoos Holsten Hugoson Jennings Johnson, R. Johnson, V. Kalis Kelso Kinkel Knickerbocker Knight Koppendrayer Krinkie Leppik Lieder Limmer Lindner Lynch Macklin Molnau Morrison Mosel Ness Olson, E. Olson, K. Olson, M. Onnen Ostrom Pauly Pawlenty Pelowski Perlt Rhodes Rodosovich Seagren Smith Stanius Sviggum Swenson Tompkins Tunheim Van Dellen Van Engen Vickerman Waltman Weaver Worke Workman Those who voted in the negative were: Anderson, R. Asch Battaglia Bauerly Beard Bergson Brown, K. Carlson Carruthers Clark Dauner Dawkins Delmont Evans Farrell Garcia Greenfield Greiling Hausman Huntley Jacobs Jaros Jefferson Johnson, A. Kahn Kelley Klinzing Krueger Lasley Lourey Luther Mahon Mariani McCollum McGuire Milbert Munger Murphy Neary Nelson Opatz Orenstein Orfield Osthoff Peterson Reding Rest Rice Rukavina Sarna Sekhon Simoneau Skoglund Steensma Tomassoni Trimble Vellenga Wagenius Wejcman Wenzel Winter Wolf Spk. Anderson, I. The motion prevailed and the amendment was adopted. H. F. No. 3179, A bill for an act relating to waters; preservation of wetlands; drainage and filling for public roads; defining terms; board action on local government plans; action on approval of replacement plans; computation of value; amending Minnesota Statutes 1992, sections 103G.2242, subdivisions 1, 5, 6, 7, and 8; and 103G.237, subdivision 4; Minnesota Statutes 1993 Supplement, sections 103G.222; and 103G.2241. 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 133 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. The bill was passed, as amended, and its title agreed to. REPORT FROM THE COMMITTEE ON RULES AND LEGISLATIVE ADMINISTRATION Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately following printed Special Orders for today: H. F. Nos. 2920, 2132, 3100, 2775 and 881; S. F. Nos. 2540 and 2690; and H. F. No. 2698. SPECIAL ORDERS, Continued H. F. No. 2920 was reported to the House. Solberg moved to amend H. F. No. 2920, the second engrossment, as follows: Page 3, line 7, after "responsibilities" insert ", equipment and office supplies" The motion prevailed and the amendment was adopted. H. F. No. 2920, A bill for an act relating to the environment; reestablishing the office of waste management as the office of environmental assistance; transferring environmental assistance programs from the pollution control agency to the office; transferring waste management and policy planning from the metropolitan council to the office; amending Minnesota Statutes 1992, sections 115A.03, by adding a subdivision; 115A.055; 115A.06, subdivision 2; 115A.072; 115A.12; 115A.14, subdivision 4; 115A.15, subdivision 5; 115A.411, subdivision 1; 115A.42; 115A.5501, subdivision 2; 115A.84, subdivision 3; 115A.86, subdivision 2; 115A.912, subdivision 1; 115A.96, subdivision 2; 116F.02, subdivision 2; 473.149, subdivisions 1, 3, 5, and by adding a subdivision; 473.8011; 473.803, subdivisions 2 and 4; and 473.823, subdivision 5; Minnesota Statutes 1993 Supplement, sections 115A.551, subdivision 4; 115A.96, subdivisions 3 and 4; 115A.981, subdivision 3; 473.149, subdivision 6; 473.803, subdivision 3; and 473.846; repealing Minnesota Statutes 1992, sections 115A.81, subdivision 3; 115A.914, subdivision 1; 115A.952; 116F.06, subdivisions 2, 3, 4, and 5; 116F.08; 473.181, subdivision 4; and 473.803, subdivision 1b; Minnesota Statutes 1993 Supplement, section 473.149, subdivision 4. 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 100 yeas and 32 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dauner Dawkins Dehler Delmont Dorn Evans Farrell Finseth Garcia Greenfield Greiling Gutknecht Hasskamp Hausman Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Krueger Lasley Leppik Lieder Limmer Long Lourey Luther Mahon Mariani McCollum McGuire Milbert Morrison Mosel Munger Murphy Neary Nelson Olson, E. Olson, K. Onnen Opatz Orenstein Osthoff Ostrom Ozment Pauly Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Winter Spk. Anderson, I. Those who voted in the negative were: Commers Davids Dempsey Erhardt Frerichs Girard Goodno Gruenes Haukoos Hugoson Knight Koppendrayer Krinkie Lindner Lynch Macklin Molnau Ness Olson, M. Pawlenty Stanius Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Weaver Wolf Worke Workman The bill was passed, as amended, and its title agreed to. Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed. GENERAL ORDERS Carruthers moved that the bills on General Orders for today be continued. The motion prevailed. There being no objection, the order of business reverted to Reports of Standing Committees. REPORTS OF STANDING COMMITTEES Carruthers, from the Committee on Rules and Legislative Administration to which was referred: H. F. No. 2171, A bill for an act relating to metropolitan government; requiring the metropolitan council to adopt rules allocating comprehensive choice housing among cities and towns in the metropolitan area; requiring metropolitan council review of efforts of cities and towns to comply with the allocation; establishing penalties for noncompliance; proposing coding for new law in Minnesota Statutes, chapters 16A; and 473. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. [473.202] [AFFORDABLE HOUSING.] Subdivision 1. [POLICY; GOALS.] In order to protect and enhance the social and economic health of the metropolitan region and each community in the region, it is the legislature's policy to encourage development of a full range of housing options in every community in the metropolitan area. The legislature's goals are to: provide citizens with housing choices; remove barriers to the development of a comprehensive range of housing; create incentives for each community to develop housing that will serve residents as their income and housing needs change; reduce traffic congestion in the metropolitan area by providing people opportunities to live near their work in housing that is affordable to them; allow people to live near where jobs are being created; allow people to remain in their community as their situations and needs change; and have each community implement the housing policy and goals of the region. Subd. 2. [DEFINITIONS.] The definitions in this subdivision apply to this section. (a) "Affordable housing" means housing that requires households to spend no more than 30 percent of their household income on housing and housing-related expenses. (b) "Comprehensive choice housing" means single-family and multifamily housing that is affordable for households with incomes less than or equal to 30 percent, 50 percent, and 80 percent of area median income. (c) "Comprehensive choice housing allotment" means a city's or town's allocation of comprehensive choice housing distributed on a fair-share basis under subdivision 3. (d) "Median income" means median household income, adjusted for family size, for the Minneapolis-St. Paul metropolitan statistical area, as determined by the federal Department of Housing and Urban Development. (e) "Substantial compliance" means that at least 75 percent of the cities and towns in a sub-area of the metropolitan region are certified as meeting the comprehensive choice requirements under subdivision 3, paragraph (b), clause (5). Subd. 3. [COMPREHENSIVE CHOICE HOUSING ALLOTMENT; GUIDELINES.] (a) Before July 1, 1995, the metropolitan council shall adopt guidelines for establishing comprehensive choice housing in the metropolitan urban service area and freestanding growth centers. The council shall contract with the office of administrative hearings to conduct public hearings to adopt guidelines under this subdivision. The council shall give notice at least 30 days before the hearing by publishing a notice in the State Register and mailing a notice to persons and groups who have requested notification. At the hearing, the public shall have an opportunity to give testimony and question council members and council staff. (b) Guidelines adopted under this subdivision must: (1) analyze the metropolitan urban service area's and freestanding growth centers' present and prospective need for comprehensive choice housing, including the need for single-family and multifamily housing for individuals and households at 30 percent, 50 percent, and 80 percent of median income. Local, state, and federal agencies shall work cooperatively with the council to identify, collect, and augment relevant data and studies without duplicating other analytical efforts; (2) using the formula required by paragraph (c), allocate the metropolitan urban service area's and freestanding growth centers' comprehensive choice housing needs, on a fair-share basis, to cities and towns in the metropolitan urban service area and freestanding growth centers' areas; (3) determine the extent to which each city or town has, in the past, accomplished its comprehensive choice housing allotment. For the purpose of determining substantial compliance with comprehensive choice housing allotment, full credit shall be given for current and past efforts to provide affordable housing; (4) study and identify on a city-by-city basis, the existing barriers to comprehensive choice housing including, but not limited to, zoning requirements, development agreements, and local development practices that impose barriers to the development of comprehensive choice housing; (5) describe actions that a city or town may take to: (i) eliminate barriers to comprehensive choice housing; (ii) make use of available opportunities and resources to meet the objective of providing comprehensive choice housing development; and (iii) maintain housing affordability; (6) establish annual review procedures, requirements, and guidelines for council review and certification of city and town compliance with the fair-share housing allocation; and (7) establish procedures through which the council shall adopt and execute a plan to facilitate, coordinate, and, subject to its authority under sections 473.194 to 473.201, cause the development of affordable housing in all cities and towns where the supply of affordable housing is inadequate to meet the objectives under this section. Based on the factors in clause (2), the plan shall prioritize the proposed development of affordable comprehensive choice housing in inverse proportion to the percentage of available low- and moderate-income affordable housing in each respective city or town. (c) Using the most current and reliable information available, the council shall develop, as required by paragraph (b), clause (2), a formula for allocating the metropolitan area's comprehensive choice housing needs to cities and towns within the metropolitan urban service area and to freestanding growth centers. The formula developed by the council shall include the following factors: (1) distribution of housing units by value or rent and the proportion of those units affordable to households with incomes at or below 30 percent, 50 percent, and 80 percent of median income considering housing tenure, type, and availability; (2) income distribution of households considering the number of households with incomes that are 30 percent, 50 percent, and 80 percent of median income, and the proportion of those households paying more than 30 percent of their household income on housing and housing-related expenses; (3) job base, considering those jobs that provide employment opportunities for lower-income households and the ratio of jobs to households; (4) future development potential considering vacant land, the council's forecasts of households and employment, and the annual deviation from the council's forecasts resulting from variation in overall housing construction in the metropolitan area; (5) future redevelopment potential in cities and towns with inadequate supplies of vacant land to meet their allocation needs, considering age and value of housing, and redevelopment plans of cities and towns; and (6) cities' and towns' current and past efforts to provide and sanction housing or housing assistance for low-income households. Sec. 2. [APPLICATION.] Section 1 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective the day following final enactment." Delete the title and insert: "A bill for an act relating to metropolitan government; requiring the metropolitan council to adopt guidelines allocating comprehensive choice housing among cities and towns in the metropolitan area; requiring metropolitan council review of efforts of cities and towns to comply with the allocation; proposing coding for new law in Minnesota Statutes, chapter 473." With the recommendation that when so amended the bill pass. The report was adopted. Solberg from the Committee on Ways and Means to which was referred: H. F. No. 2243, A bill for an act relating to employment; restoring the purchasing power of a minimum wage salary; amending Minnesota Statutes 1992, section 177.24, subdivision 1. Reported the same back with the recommendation that the bill pass. The report was adopted. Solberg from the Committee on Ways and Means to which was referred: H. F. No. 2525, A bill for an act relating to health; MinnesotaCare; establishing and regulating community integrated service networks; defining terms; creating a reinsurance and risk adjustment association; classifying data; requiring reports; mandating studies; modifying provisions relating to the regulated all-payer option; requiring administrative rulemaking; setting timelines and requiring plans for implementation; designating essential community providers; establishing an expedited fact finding and dispute resolution process; requiring proposed legislation; establishing task forces; providing for demonstration models; mandating universal coverage; requiring insurance reforms; providing grant programs; establishing the Minnesota health care administrative simplification act; implementing electronic data interchange standards; creating the Minnesota center for health care electronic data interchange; providing standards for the Minnesota health care identification card; establishing and regulating health care cooperatives; appropriating money; providing penalties; amending Minnesota Statutes 1992, sections 60A.15, subdivision 1; 62A.303; 62A.48, subdivision 1; 62D.04, by adding a subdivision; 62E.02, subdivisions 10, 18, 20, and 23; 62E.10, subdivisions 1, 2, and 3; 62E.141; 62E.16; 62J.03, by adding a subdivision; 62L.02, subdivisions 9, 13, 16, 17, 24, and by adding subdivisions; 62L.03, subdivision 1; 62L.05, subdivisions 1, 5, and 8; 62L.08, subdivisions 2, 5, 6, and 7; 62L.12; 62L.21, subdivision 2; 62M.02, subdivisions 5 and 21; 62M.03, subdivisions 1, 2, and 3; 62M.05, subdivision 3; 62M.06, subdivision 3; 62M.09, subdivision 5; 144.1485; 144.581, subdivision 2; 145.64, subdivision 1; 256.9358, subdivision 4; 290.092, subdivision 2; 295.50, by adding subdivisions; 295.55, subdivisions 2 and 3; and 318.02, by adding a subdivision; Minnesota Statutes 1993 Supplement, sections 43A.317, by adding a subdivision; 60K.14, subdivision 7; 61B.20, subdivision 13; 62A.011, subdivision 3; 62A.31, subdivision 1h; 62A.36, subdivision 1; 62A.65, subdivisions 2, 3, 4, 5, and by adding subdivisions; 62D.12, subdivision 17; 62J.03, subdivision 6; 62J.04, subdivisions 1 and 1a; 62J.09, subdivision 2; 62J.2916, subdivision 2; 62J.32, subdivision 4; 62J.33, by adding subdivisions; 62J.35, subdivisions 2 and 3; 62J.38; 62J.41, subdivision 2; 62J.45, subdivision 11, and by adding subdivisions; 62L.02, subdivisions 8, 11, 15, 19, and 26; 62L.03, subdivisions 3, 4, and 5; 62L.04, subdivision 1; 62L.08, subdivisions 4 and 8; 62N.01; 62N.02, subdivisions 1, 8, and by adding a subdivision; 62N.06, subdivision 1; 62N.065, subdivision 1; 62N.10, subdivisions 1 and 2; 62N.22; 62N.23; 62P.01; 62P.03; 62P.04; 62P.05; 80A.15, subdivision 2; 144.1464; 144.1486; 151.21, subdivisions 7 and 8; 256.9352, subdivision 3; 256.9354, subdivision 5, and by adding a subdivision; 256.9363, subdivisions 6, 7, and 9; 256.9657, subdivision 3; 295.50, subdivisions 3, 4, and 12b; 295.52, subdivision 5; 295.53, subdivisions 1, 2, and 5; 295.54; 295.58; and 295.582; Laws 1992, chapter 549, article 9, section 22; proposing coding for new law in Minnesota Statutes, chapters 43A; 62A; 62J; 62N; 62P; 144; 317A; proposing coding for new law as Minnesota Statutes, chapters 62Q; and 308B; repealing Minnesota Statutes 1992, sections 62A.02, subdivision 5; 62E.51; 62E.52; 62E.53; 62E.531; 62E.54; 62E.55; and 256.362, subdivision 5; Minnesota Statutes 1993 Supplement, sections 62J.04, subdivision 8; 62N.07; 62N.075; 62N.08; 62N.085; and 62N.16. Reported the same back with the following amendments: Page 125, after line 4, insert: "(c) Notwithstanding any law to the contrary, no further enrollment in MinnesotaCare, and no additional hiring of staff for the department of human services and the department of health shall take place after September 30, 1995, unless a plan to balance the MinnesotaCare budget for the 1996-1997 biennium has been passed by the 1995 legislature." Page 210, line 2, delete "6" and insert "8" Page 210, line 7, delete "6" and insert "8" Page 211, after line 24, insert: "General Fund -0- $4,579,000" Page 211, line 25, delete "18,527,000" and insert "16,820,000" Page 211, delete lines 26 and 27 Page 212, line 9, delete "1,740,000" and insert "3,447,000" Page 212, delete lines 10 and 11 Page 212, delete lines 31 to 43 Page 212, line 44, delete "Sec. 3." and insert "Sec. 2." Page 213, line 1, after the period, insert "Of the amount transferred in fiscal year 1995, $4,579,000 is appropriated to the commissioner of human services for general assistance medical care grants." With the recommendation that when so amended the bill pass. The report was adopted. Solberg from the Committee on Ways and Means to which was referred: H. F. No. 2951, A bill for an act relating to health care financing; establishing a health care access reserve account; transferring money. Reported the same back with the recommendation that the bill pass. The report was adopted. Solberg from the Committee on Ways and Means to which was referred: H. F. No. 3041, A bill for an act relating to metropolitan government; providing for the ownership, financing, and use of certain sports facilities; permitting the issuance of bonds and other obligations; appropriating money; amending Minnesota Statutes 1992, sections 423A.02, subdivision 1; 423B.01, subdivision 9; 423B.15, subdivision 3; 473.551; 473.552; 473.556; 473.561; 473.564, subdivision 2; 473.572; 473.581; 473.592; 473.595; and 473.596; Laws 1989, chapter 319, article 19, section 7, subdivisions 1, as amended, and 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 240A; and 473; repealing Minnesota Statutes 1992, sections 473.564, subdivision 1; and 473.571. Reported the same back with the following amendments: Page 26, line 27, after "revenues" insert ", minus the amount to be retained by the city of Minneapolis, as calculated in subclause (iv) below," Page 26, line 31, delete "outside of Minneapolis" and after the period, insert "Before money is transmitted to the state treasury under clause (2): (i) the commissioner of finance must determine the amount of money that the amateur sports commission has spent for programs in the city of Minneapolis, as a percentage of the total amount of money spent by the amateur sports commission for programs of the commission, not counting appropriations for purposes of the lease entered into under section 473.556, subdivision 16; (ii) the commissioner of finance must determine the population of the city of Minneapolis, as a percentage of the state population based on the most recent federal census; (iii) the commissioner must determine and certify to the city of Minneapolis the amount of additional money the amateur sports commission would need to spend on programs in Minneapolis so that the percentage calculated in subclause (i) would equal the percentage in subclause (ii); and (iv) the city of Minneapolis must subtract from the amount otherwise payable to the state general fund under clause (2), and retain in the city treasury, the amount calculated under subclause (iii)." Page 35, line 30, after "commission" insert ", the city of Minneapolis or the Minneapolis community development agency, or any or all of them, as the commission may deem appropriate," Page 35, line 35, delete "between" and insert "with" Page 35, line 36, delete "organizations and the commission" and insert "organization" Page 36, line 1, after "termination" insert "of the use of the basketball and hockey arena" Page 36, line 2, after the period, insert "The agreements shall afford to the commission, the city of Minneapolis, or the Minneapolis community development agency, or each or all of them, as the commission deems appropriate, the remedies that are deemed necessary and appropriate to provide reasonable assurances that the major league professional basketball organization or another major league professional basketball organization shall comply with the agreements. The remedies may include the payment of liquidated damages equivalent to direct and consequential damages incurred by reason of the breach of the agreements or the alternative remedies or security arrangements as the commission reasonably determines to be as or more effective in accomplishing the purposes of this paragraph." Page 36, delete lines 3 to 22 Page 36, line 23, delete everything before "The" Page 36, line 32, delete "include" Page 36, line 33, delete "provisions to protect the commission and the council" and insert "address contingencies that may arise" Page 36, line 35, delete "agreement" and insert "agreements" and after "organization" insert "for the use of the basketball and hockey arena" With the recommendation that when so amended the bill pass. The report was adopted. Solberg from the Committee on Ways and Means to which was referred: H. F. No. 3220, A bill for an act relating to taxation; increasing individual income tax rates; repealing the gross revenues tax on hospitals, surgical centers, health care providers, pharmacies, and wholesale drug distributors; amending Minnesota Statutes 1992, section 290.06, subdivisions 2c and 2d; and 290.62; Minnesota Statutes 1993 Supplement, sections 62P.04, subdivision 1; 214.16, subdivision 3; and 270B.01, subdivision 8; repealing Minnesota Statutes 1992, sections 295.50, as amended; 295.51, as amended; 295.52, as amended; 295.53, as amended; and 295.55, as amended; Minnesota Statutes 1993 Supplement, sections 144.1484, subdivision 2; 295.54; 295.57; 295.58; 295.582; and 295.59. Reported the same back with the recommendation that the bill pass. The report was adopted. Carruthers, from the Committee on Rules and Legislative Administration to which was referred: House Resolution No. 12, A house resolution expressing support for the Household Eco Team Program on Earth Day, 1994. Reported the same back with the recommendation that the resolution be adopted. The report was adopted. SECOND READING OF HOUSE BILLS H. F. Nos. 2171, 2243, 2525, 2951, 3041 and 3220 were read for the second time. MOTIONS AND RESOLUTIONS Greenfield moved that the name of Ostrom be added as an author on H. F. No. 3220. The motion prevailed. Mosel moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 20, 1994, when the vote was taken on the repassage of H. F. No. 228, as amended by the Senate." The motion prevailed. Mosel moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 20, 1994, when the vote was taken on the repassage of H. F. No. 2148, as amended by the Senate." The motion prevailed. Wejcman moved that S. F. No. 1961 be recalled from the Committee on Judiciary and together with H. F. No. 2985, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. Pawlenty moved that H. F. No. 2758 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. 584: Pugh, Sekhon and Rhodes. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1788: Wagenius, McCollum, Sekhon, Pauly and Ozment. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2303: Ostrom; Johnson, V., and Olson, K. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2393: Jefferson; Evans; Greiling; Brown, K., and Knickerbocker. The Speaker announced the following change in membership of the Conference Committee on S. F. No. 1662: Delete the name of Rukavina. Add the name of Bishop. CERTIFICATION April 21, 1994 To the Governor State of Minnesota To the Senate State of Minnesota To the House of Representatives State of Minnesota This is to certify that the House of Representatives and the Senate in Joint Convention on Thursday, April 21, 1994, have elected as a member of the Board of Regents of the University of Minnesota the following member to hold her respective office for the remainder of the term of Ann Wynia to expire in 1997: Hyon T. Kim, Fourth Congressional District. Allan H. Spear President of the Senate Irv Anderson Speaker of the House of Representatives ADJOURNMENT Carruthers moved that when the House adjourns today it adjourn until 10:00 a.m., Friday, April 22, 1994. The motion prevailed. Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Friday, April 22, 1994. Edward A. Burdick, Chief Clerk, House of Representatives