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STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

EIGHTH DAY

Saint Paul, Minnesota, Thursday, January 19, 1995

Index to today's Journal

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

Prayer was offered by Pastor Lynn Holm, Calvary Baptist Church, Lake City, Minnesota.

The roll was called and the following members were present:

Abrams       Finseth      Knoblach     Olson, E.    Skoglund
Anderson, B. Frerichs     Koppendrayer Olson, M.    Smith
Anderson, R. Garcia       Kraus        Onnen        Solberg
Bakk         Girard       Krinkie      Opatz        Sviggum
Bertram      Goodno       Larsen       Orenstein    Swenson, D.
Bettermann   Greiling     Leighton     Orfield      Swenson, H.
Bishop       Haas         Leppik       Osskopp      Sykora
Boudreau     Hackbarth    Lieder       Osthoff      Tomassoni
Bradley      Harder       Limmer       Ostrom       Tompkins
Broecker     Hasskamp     Lindner      Otremba      Trimble
Brown        Hausman      Long         Ozment       Tuma
Carlson      Holsten      Lourey       Paulsen      Tunheim
Carruthers   Hugoson      Luther       Pawlenty     Van Dellen
Clark        Huntley      Lynch        Pellow       Van Engen
Commers      Jacobs       Macklin      Pelowski     Vickerman
Cooper       Jaros        Mahon        Perlt        Wagenius
Daggett      Jefferson    Mares        Peterson     Weaver
Dauner       Jennings     Mariani      Pugh         Wejcman
Davids       Johnson, A.  Marko        Rest         Wenzel
Dawkins      Johnson, R.  McCollum     Rhodes       Winter
Dehler       Johnson, V.  McElroy      Rice         Wolf
Delmont      Kahn         Milbert      Rostberg     Worke
Dempsey      Kalis        Molnau       Rukavina     Workman
Dorn         Kelley       Mulder       Sarna        Sp.Anderson,I
Entenza      Kelso        Munger       Schumacher   
Erhardt      Kinkel       Murphy       Seagren      
Farrell      Knight       Ness         Simoneau     
A quorum was present.

Greenfield and McGuire were excused.

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

REPORTS OF STANDING COMMITTEES

Rest from the Committee on Taxes to which was referred:

H. F. No. 45, A bill for an act relating to taxation; making technical corrections and clarifications; making administrative changes; amending Minnesota Statutes 1994, sections 270.0604, subdivision 4; 273.11, subdivision 16; 273.121; 290.067, subdivision 1; and 297B.01, subdivision 8; Laws 1993, chapter 375, article 15, section 15; and Laws 1994, chapter 587, article 11, section 9, subdivision 5.


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Reported the same back with the following amendments:

Pages 8 and 9, delete section 6

Page 9, line 8, delete "7." and insert "6."

Page 9, line 14, delete "8." and insert "7."

Page 9, line 15, delete ", 5, and 6" and insert "and 5"

Page 9, line 19, delete "7" and insert "6"

Amend the title as follows:

Page 1, line 7, delete everything before "and"

With the recommendation that when so amended the bill pass.

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 47, A bill for an act relating to solid waste; merging two conflicting amendments to the solid waste generator assessment statute that were enacted in 1994; correcting and clarifying terminology; amending Minnesota Statutes 1994, section 116.07, subdivision 10; repealing Laws 1994, chapter 510, article 6, section 1.

Reported the same back with the following amendments:

Page 4, line 28, after the first "per" insert "each"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 45 and 47 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Lieder, Kalis, Tunheim, Hugoson and Frerichs introduced:

H. F. No. 95, A bill for an act relating to highways; prohibiting headwalls in highway rights-of-way; imposing a penalty; amending Minnesota Statutes 1994, section 160.27, subdivision 5.

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


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Bishop, Simoneau, Skoglund, Pugh and Carruthers introduced:

H. F. No. 96, A bill for an act relating to insurance; health plans; prohibiting provisions that grant the health carrier a subrogation right, except where the covered person has been fully compensated from another source; proposing coding for new law in Minnesota Statutes, chapter 62A.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Jacobs introduced:

H. F. No. 97, A bill for an act relating to the legislature; reducing the number of members of the senate and house of representatives; amending Minnesota Statutes 1994, sections 2.021; and 2.031, subdivision 1.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Kahn and Dorn introduced:

H. F. No. 98, A bill for an act relating to gambling; providing for an alternate member of the advisory council on gambling; amending Laws 1994, chapter 633, article 8, section 5, subdivision 2.

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

Brown introduced:

H. F. No. 99, A bill for an act relating to retirement; authorizing the purchase of prior service credit from the public employees retirement association.

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

Brown introduced:

H. F. No. 100, A bill for an act relating to the city of Morris; providing for the enlargement of a tax increment financing district.

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

Jaros introduced:

H. F. No. 101, A bill for an act relating to health; modifying the membership of the health care commission by adding another member to represent consumers with physical disabilities; amending Minnesota Statutes 1994, section 62J.05, subdivision 2.

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

McGuire; Swenson, D.; Greiling and Rhodes introduced:

H. F. No. 102, A bill for an act relating to alcoholic beverages; restricting sale and possession of malt liquor in containers of more than five liters; amending Minnesota Statutes 1994, section 340A.310; proposing coding for new law in Minnesota Statutes, chapter 340A.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.


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Osthoff, Clark, Milbert, Davids and Pawlenty introduced:

H. F. No. 103, A bill for an act relating to elections; providing for review of certain school board plans by the secretary of state; changing allocation of certain election expenses; providing for retention of election materials; clarifying terms of office and election frequency in certain cities; providing for transition in certain offices; providing for dissolution of certain election districts; amending Minnesota Statutes 1994, sections 122.23, by adding a subdivision; 122.242, subdivision 1; 204B.32, subdivision 2; 204B.40; 205.07, subdivision 1; 205.84, by adding a subdivision; 205A.12, by adding a subdivision; and Laws 1994, chapter 646, section 26, subdivision 3.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

McGuire; Swenson, D.; Rhodes and Greiling introduced:

H. F. No. 104, A bill for an act relating to alcoholic beverages; extending dram shop liability to include illegal providing or furnishing of alcoholic beverages to persons under age 21 by persons age 21 or more; amending Minnesota Statutes 1994, section 340A.801, subdivision 1; repealing Minnesota Statutes 1994, section 340A.801, subdivision 6.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Ostrom, Tunheim, Dorn, Bertram and Anderson, B., introduced:

H. F. No. 105, A bill for an act relating to elections; revising procedures for combining precincts for school district elections; amending Minnesota Statutes 1994, section 205A.11.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Dempsey, Lindner, Dehler and Molnau introduced:

H. F. No. 106, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 4, and article V, sections 2 and 4; placing limits on the terms of office of legislators and executive officers.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Farrell, Mariani, Skoglund, Bishop and Murphy introduced:

H. F. No. 107, A bill for an act relating to public safety; providing a statewide policy on school lockers; proposing coding for new law in chapter 127.

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

Simoneau, Jennings, Goodno and Pellow introduced:

H. F. No. 108, A bill for an act relating to commerce; requiring inspections of, reports on, and training for tobacco retailers and employees; proposing coding for new law in Minnesota Statutes, chapter 461.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Solberg, Hasskamp and Anderson, R., introduced:

H. F. No. 109, A bill for an act relating to human services; requiring the commissioner of human services to seek certain federal waivers; requiring reforms in the program of aid to families with dependent children; requiring


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copayments for medical assistance; requiring certain general assistance and work readiness payments to be made on a weekly basis; mandating reductions in administrative costs; establishing a targeted jobs credit program; appropriating money; amending Minnesota Statutes 1994, sections 256.73, by adding a subdivision; 256D.05, subdivision 6; 256D.051, subdivision 1a; and 256D.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 256; 256B; and 290.

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

Dorn; Ostrom; Weaver; Swenson, D., and Pelowski introduced:

H. F. No. 110, A bill for an act relating to criminal procedure; allowing probable cause arrests within school zones for certain offenses; proposing coding for new law in Minnesota Statutes, chapter 629.

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

Commers and Pawlenty introduced:

H. F. No. 111, A bill for an act relating to retirement; authorizing the city of Eagan to make certain lump sum payments to volunteer firefighters.

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

Hasskamp, Kalis, Lieder, Tompkins and Vickerman introduced:

H. F. No. 112, A bill for an act relating to education; requiring recitation of the pledge of allegiance in grades kindergarten through 12; proposing coding for new law in Minnesota Statutes, chapter 126.

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

Milbert introduced:

H. F. No. 113, A bill for an act relating to legislative enactments; providing for the correction of miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature; amending Minnesota Statutes 1994, sections 84.911, subdivision 7; 86B.335, subdivision 13; 115B.42, subdivision 1; 144.871, subdivision 3; 144.8782; 260.185, subdivision 6; 325F.692, subdivision 3; 326.71, subdivision 4; and 340A.503, subdivision 1; Laws 1994, chapter 527, section 7.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Jennings and Pawlenty introduced:

H. F. No. 114, A bill for an act providing for biennial sessions of the legislature; changing the length of terms of legislators; providing for staggered elections of senators; reducing the salary of legislators; proposing an amendment to the Minnesota Constitution, article IV, sections 4 and 12.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Weaver, Carruthers, Pugh, Macklin and Skoglund introduced:

H. F. No. 115, A bill for an act relating to sentencing; regulating the awarding of jail credit to certain offenders; proposing coding for new law in Minnesota Statutes, chapter 609.

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


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Rukavina introduced:

H. F. No. 116, A bill for an act relating to retirement; authorizing a benefit increase for certain retired police officers, firefighters, and surviving spouses in the city of Eveleth.

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

Smith, Macklin, Lynch and Sviggum introduced:

H. F. No. 117, A bill for an act relating to marriage dissolution; providing that interference with or denial of visitation is grounds for modification of a custody order; amending Minnesota Statutes 1994, section 518.18.

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

Smith, Solberg, Murphy and Lynch introduced:

H. F. No. 118, A bill for an act relating to marriage dissolution; requiring accounting for child support or assistance; amending Minnesota Statutes 1994, section 518.57, by adding a subdivision.

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

Greiling; Johnson, R., and Kahn introduced:

H. F. No. 119, A bill for an act relating to retirement; changing provisions relating to employer payments on behalf of part-time teachers; amending Minnesota Statutes 1994, sections 354.66, subdivision 4; and 354A.094, subdivision 4.

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

Tunheim introduced:

H. F. No. 120, A bill for an act relating to wild animals; authorizing turkey farmers to trap great horned owls; amending Minnesota Statutes 1994, section 97B.705.

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

Johnson, V.; Pelowski and Munger introduced:

H. F. No. 121, A bill for an act relating to state trails; authorizing extension of the Blufflands Trail System in Winona county; amending Minnesota Statutes 1994, section 85.015, subdivision 7.

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

Delmont; Lynch; Simoneau; Johnson, A., and Jacobs introduced:

H. F. No. 122, A bill for an act relating to human services; authorizing changes in maximum rates of reimbursement for certain home care services provided in Anoka county; amending Minnesota Statutes 1994, sections 256B.0913, by adding a subdivision; and 256B.0915, by adding a subdivision.

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


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Opatz, Delmont, Perlt, Ozment and Marko introduced:

H. F. No. 123, A bill for an act relating to public administration; providing oversight of certain state and metropolitan government contracts; amending Minnesota Statutes 1994, sections 15.061; 16A.11, by adding a subdivision; 16B.17; 16B.19, subdivisions 2 and 10; and 473.129, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Delmont, Simoneau, Weaver, Lynch and Johnson, A., introduced:

H. F. No. 124, A bill for an act relating to Anoka county; allowing awards of contracts to resident bidders under certain circumstances.

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

Bishop; Perlt; Swenson, D.; Murphy and Skoglund introduced:

H. F. No. 125, A bill for an act relating to corrections; prohibiting correctional inmates from applying for name changes more than once a year; proposing coding for new law in Minnesota Statutes, chapter 259.

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

Bishop, Long, Kahn, Abrams and Osthoff introduced:

H. F. No. 126, A bill for an act relating to local government; establishing county services districts; requiring counties to cooperate in the delivery of services; authorizing boards and advisory committees; proposing coding for new law in Minnesota Statutes, chapter 373.

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

Kalis, Winter, Solberg, Rest and Girard introduced:

H. F. No. 127, A bill for an act relating to taxation; property tax; reducing the apartment class rate in certain municipalities; amending Minnesota Statutes 1994, sections 273.13, subdivision 25; and 273.1398, subdivision 1.

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

McCollum, Kahn, Pugh, Pawlenty and Greiling introduced:

H. F. No. 128, A bill for an act relating to retirement; allowing the North St. Paul city manager to retain membership in the public employees police and fire fund.

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

Bishop; McGuire; Pugh; Anderson, R., and Bradley introduced:

H. F. No. 129, A bill for an act relating to government data practices; medical examiner data; allowing sharing of such data with a state or federal agency charged with investigating a death; amending Minnesota Statutes 1994, section 13.83, subdivision 5.

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


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Kahn, Abrams, Long, Bishop and Huntley introduced:

H. F. No. 130, A bill for an act relating to government operations; requiring a study of the feasibility of consolidating counties and rationalizing other internal boundaries; appropriating money.

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

Peterson introduced:

H. F. No. 131, A bill for an act relating to tax increment financing; increasing the maximum increment for ethanol projects exempt from the state aid reductions; amending Minnesota Statutes 1994, section 273.1399, subdivision 6.

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

Kahn; Osthoff; Munger; Johnson, V., and Ozment introduced:

H. F. No. 132, A bill for an act relating to the environment and natural resources; appropriating money for various purposes; expanding the allowable sources of contributions to the Minnesota critical habitat matching account; expanding the availability of money in the Minnesota environment and natural resources trust fund for certain purposes; amending Minnesota Statutes 1994, sections 84.943; and 116P.11.

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

Tompkins; Daggett; Anderson, B.; Dehler and Davids introduced:

H. F. No. 133, A bill for an act relating to human services; changing eligibility for general assistance; detailing food stamp employment and training program; establishing start work grants; establishing work first program; expanding information released to department of revenue on individuals in the welfare system; establishing a joint effort to provide monetary supplements to working families; detailing assistance to minor parents; specifying waiver requests; establishing the process for claims for injury or death of work experience participants; defining obligation to seek and obtain full-time employment; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 2; 256.031, subdivision 3; 256.035, subdivision 6d; 256.73, subdivision 3a, and by adding a subdivision; 256.736, subdivisions 3a, 4a, 10, 16, and by adding a subdivision; 256D.05, subdivision 1; 256D.051, subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 9, 17, and by adding a subdivision; 256D.052, subdivision 3; 256D.10; and 268.12, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 256; repealing Minnesota Statutes 1994, sections 256.734; 256D.051, subdivisions 10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4; 256D.091; 256D.101; 256D.111; and 256D.113.

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

Bertram; Kalis; Anderson, I., and Kraus introduced:

H. F. No. 134, A bill for an act relating to taxation; increasing the funding for firefighters state aid; amending Minnesota Statutes 1994, section 69.021, subdivision 5.

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

MOTIONS AND RESOLUTIONS

Bertram moved that H. F. No. 48 be recalled from the Committee on Taxes and be re-referred to the Committee on Governmental Operations. The motion prevailed.

Luther; Kahn; Anderson, I.; Sviggum and Larsen introduced:

House Concurrent Resolution No. 3, A house concurrent resolution recognizing Thursday, February 2, 1995, as Girls and Women in Sports Day in Minnesota.


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SUSPENSION OF RULES

Luther moved that the rules be so far suspended that House Concurrent Resolution No. 3 be now considered and be placed upon its adoption. The motion prevailed.

HOUSE CONCURRENT RESOLUTION NO. 3

A house concurrent resolution recognizing Thursday, February 2, 1995, as Girls and Women in Sports Day in Minnesota.

Whereas, Minnesotans share a unique enthusiasm for sports and recreational activity; and

Whereas, nearly one-half of our state's citizens participate regularly in organized recreational activity, and about 40 percent of those participants are female; and

Whereas, sports and recreation represent one of our country's largest development and social institutions and all women, men, girls, and boys should have the opportunities and resources to participate in this institution to enhance their lives; and

Whereas, it has been recognized locally and nationally that there is a need to increase opportunities and to celebrate accomplishments for girls and women in sports; and

Whereas, Minnesotans have worked hard to remove the barriers facing girls and women who want to participate in sports and have made enormous strides to get more girls and women involved in sports and recreation; and

Whereas, the Women's Sports Foundation created National Girls and Women in Sports Day in 1987 to celebrate and commemorate the victories and growth for girls and women in sports; and

Whereas, Minnesota is a national leader in the development of opportunities for girls and women in sports and has much to celebrate; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota, the Senate concurring, that it recognizes Thursday, February 2, 1995, as Girls and Women in Sports Day in Minnesota.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and those of the Speaker of the House of Representatives, the Chair of the Senate Rules and Administration Committee, and the Secretary of the Senate, and transmit it to the Minnesota Amateur Sports Commission.

Luther moved that House Concurrent Resolution No. 3 be now adopted. The motion prevailed and House Concurrent Resolution No. 3 was adopted.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, January 23, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, January 23, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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