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STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

NINTH DAY

Saint Paul, Minnesota, Monday, January 23, 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 Representative Mary Murphy, District 8A, Hermantown, Minnesota.

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

The roll was called and the following members were present:

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

Brown and Kinkel were excused.

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

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:


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Tuma, Larsen, Osskopp and Knight introduced:

H. F. No. 135, A bill for an act relating to state government; canceling and preventing increases in the compensation of legislators and constitutional officers.

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

Clark, Wejcman, Bishop and Skoglund introduced:

H. F. No. 136, A bill for an act relating to landlord tenant; forcible entry and unlawful detainer; providing a partial refund of the filing fee in matters resolved after one court appearance; amending Minnesota Statutes 1994, section 566.07.

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

Jacobs; Anderson, R.; Huntley; Jennings and Wolf introduced:

H. F. No. 137, A bill for an act relating to utilities; abolishing sunset provision related to competitive rates for electric utilities; making technical changes; amending Laws 1990, chapter 370, section 7; repealing Minnesota Statutes 1994, section 216B.162, subdivision 9.

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

Kahn, Dorn, Abrams, Knight and Orenstein introduced:

H. F. No. 138, A bill for an act relating to gambling; abolishing the Minnesota racing commission, the gambling control board, and the state lottery board; creating the department of gambling and transferring the responsibilities of the abolished commission and boards to it; transferring the division of gambling enforcement from the department of public safety to the department of gambling; making conforming changes; amending Minnesota Statutes 1994, sections 10A.01, subdivision 18; 10A.09, subdivision 1; 15.01; 15A.081, subdivision 1; 16B.54, subdivision 2; 240.01, by adding subdivisions; 240.011; 240.03; 240.04; 240.05, subdivision 2; 240.06, subdivisions 3, 7, and 8; 240.07, subdivision 2; 240.08; 240.09, subdivision 3a; 240.155; 240.16; 240.18, subdivision 2; 240.21; 240.24; 240.28; 299L.01; 299L.02, subdivisions 2, 3, 4, and 5; 299L.03, subdivisions 1, 4, 5, and 7; 349.12, subdivision 10, and by adding subdivisions; 349.13; 349.151, subdivision 8; 349.152, subdivision 1; 349.153; 349.155, subdivision 4; 349.162, subdivisions 2 and 6; 349.163, subdivision 6; 349.165, subdivision 2; 349.18, subdivision 1; 349.19, subdivision 6; 349A.01, by adding a subdivision; 349A.02, subdivisions 1 and 8; 349A.03, subdivision 2; 349A.04; 349A.05; 349A.06, subdivision 2; 349A.08, subdivision 7; 349A.11; and 349A.12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 349B; repealing Minnesota Statutes 1994, sections 240.01, subdivision 4; 240.02; 349.12, subdivision 6; 349.151, subdivisions 1, 2, and 3a; 349.152, subdivision 4; 349A.01, subdivision 2; and 349A.03, subdivision 1.

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

Pawlenty, Dorn, Long, Sviggum and Abrams introduced:

H. F. No. 139, A bill for an act relating to state government; requiring reporting on and certain analysis of federal mandates imposed on state agencies; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Kahn, Dempsey, Osthoff, Abrams and Perlt introduced:

H. F. No. 140, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article V, sections 1, 3, and 4; article VIII, section 2; article XI, sections 7 and 8; abolishing the office of state treasurer; transferring or repealing the powers, responsibilities, and duties of the state treasurer; amending Minnesota Statutes 1994, sections 9.011, subdivision 1; and 11A.03.

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


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Anderson, R., introduced:

H. F. No. 141, A bill for an act relating to appropriations; modifying the purpose of a certain line item appropriation for an environmental learning center.

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

Lieder, Abrams, Osthoff, Jefferson and Pawlenty introduced:

H. F. No. 142, A bill for an act relating to elections; changing the dates of precinct caucuses, the state party nominating election and primary, and the presidential primary; changing the deadline for delivery of absentee ballots; providing for distribution of a caucus guide and a voters' guide; changing requirements for names appearing on the state party nominating election ballot; changing certain terminology; providing for a presidential primary by mail; increasing the filing fee for an affidavit of candidacy; changing certain duties and procedures; appropriating money; amending Minnesota Statutes 1994, sections 202A.14, subdivision 1; 204B.03; 204B.06, subdivisions 2, 5, and 7; 204B.08, subdivisions 1 and 2; 204B.09, subdivision 1; 204B.10, subdivisions 2, 3, and 4; 204B.11; 204B.12, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.45, subdivision 3, and by adding a subdivision; 204D.03, subdivision 1; 204D.08, subdivision 4; 207A.01; 207A.02, subdivision 1a; 207A.03; 207A.04, subdivision 3; 207A.06, subdivision 2; 207A.08; and 207A.09; proposing coding for new law in Minnesota Statutes, chapters 202A; 204B; and 207A; repealing Minnesota Statutes 1994, section 207A.07.

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

Greiling, Seagren, Kelso, Ness and Schumacher introduced:

H. F. No. 143, A bill for an act relating to education; establishing a pilot program for alternative staffing patterns; appropriating money.

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

Jennings, Osskopp, Pelowski, Harder and Rostberg introduced:

H. F. No. 144, A bill for an act relating to workers' compensation; modifying provisions relating to procedures and benefits; providing penalties; amending Minnesota Statutes 1994, sections 79.211, subdivision 1; 175.16; 176.011, subdivision 25; 176.021, subdivisions 3 and 3a; 176.061, subdivision 10; 176.101, subdivisions 1, 2, 4, 5, 6, 8, and by adding a subdivision; 176.105, subdivision 4; 176.111, subdivisions 6, 7, 8, 12, 14, 15, and 20; 176.178; 176.179; 176.221, subdivision 6a; 176.645, subdivision 1; 176.66, subdivision 11; 176.82; and 268.08, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 176; repealing Minnesota Statutes 1994, sections 176.011, subdivision 26; 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; and 176.132.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Brown introduced:

H. F. No. 145, A bill for an act relating to corrections; authorizing use of force in defense of assault in correctional facilities under the control of or licensed by the commissioner; amending Minnesota Statutes 1994, section 243.52.

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

Hasskamp and Wenzel introduced:

H. F. No. 146, A bill for an act relating to appropriations; permitting use of appropriation to relocate athletic fields and facilities at Brainerd Technical College; amending Laws 1992, chapter 558, section 2, subdivision 3.

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


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Ozment, Rest, Abrams and Winter introduced:

H. F. No. 147, A bill for an act relating to taxation; restricting the use of tax increment financing; requiring additional disclosure; amending Minnesota Statutes 1994, sections 469.174, subdivisions 12, 19, and 21; 469.175, subdivisions 3 and 5; 469.176, subdivisions 4b and 4c; 469.1763, subdivisions 2 and 4; 469.177, subdivision 10; 469.179, by adding a subdivision.

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

Simoneau introduced:

H. F. No. 148, A bill for an act relating to the city of Columbia Heights; exempting a tax increment financing district from the LGA/HACA offset.

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

Olson, E.; Ostrom; Rest and Long introduced:

H. F. No. 149, A bill for an act relating to county economic development; increasing county appropriation authority for economic development; requiring county approval for use of the county tax rate in tax increment financing; amending Minnesota Statutes 1994, sections 375.83; 469.175, by adding a subdivision; and 469.177, subdivision 1a.

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

Jacobs, Wolf, Dempsey, Delmont and Kelso introduced:

H. F. No. 150, A bill for an act relating to liquor; term of temporary on-sale licenses; amending Minnesota Statutes 1994, section 340A.404, subdivision 10.

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

Mares; Holsten; Swenson, D.; Broecker and Larsen introduced:

H. F. No. 151, A bill for an act relating to crime; requiring landlords of residential rental buildings to conduct a criminal conviction background check of individuals employed as building managers or caretakers; proposing coding for new law in Minnesota Statutes, chapter 299C.

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

Mares and Johnson, R., introduced:

H. F. No. 152, A bill for an act relating to retirement; permitting certain members of the teachers retirement association to make lump-sum contributions to obtain full-service credit for sabbatical leaves beyond the end of the fiscal years following the fiscal years in which the leaves terminated.

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

Tompkins, Workman, Knight, Lieder and Macklin introduced:

H. F. No. 153, A bill for an act relating to motor vehicles; providing time limit for refunding motor vehicle registration tax overpayment; amending Minnesota Statutes 1994, section 168.16.

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


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Lieder, Wenzel, Milbert, Abrams and Osthoff introduced:

H. F. No. 154, A bill for an act relating to taxation; providing that certain income earned for service in the armed forces is exempt from taxation; amending Minnesota Statutes 1994, section 290.01, subdivision 19b.

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

Cooper, Dehler, Girard, Rostberg and Swenson, H., introduced:

H. F. No. 155, 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.

Finseth, Wenzel, Dauner, Tunheim and Peterson introduced:

H. F. No. 156, A bill for an act relating to agriculture; appropriating money for wheat and barley scab research.

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

Lindner, Worke and Haas introduced:

H. F. No. 157, A bill for an act relating to education; authorizing the use of a portion of capital expenditure facilities revenue for equipment uses; amending Minnesota Statutes 1994, section 124.243, subdivision 8.

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

Worke, Osskopp, Cooper, Ozment and Johnson, V., introduced:

H. F. No. 158, A bill for an act relating to game and fish; removing restrictions on the importation of fish from Ontario; amending Minnesota Statutes 1994, section 97A.531, subdivision 6.

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

Murphy; Swenson, D.; Olson, E.; Luther and Tomassoni introduced:

H. F. No. 159, A bill for an act relating to education; providing funding for drug abuse resistance education programs; appropriating money.

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

Leppik, Cooper and Frerichs introduced:

H. F. No. 160, A bill for an act relating to health; MinnesotaCare; specifying the type of health care professional that must be involved in certain denials of access; amending Minnesota Statutes 1994, section 62Q.12.

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

Leppik and Anderson, R., introduced:

H. F. No. 161, A bill for an act relating to human services; adjusting Medicare inpatient rates for long-term hospitals; amending Minnesota Statutes 1994, section 256.969, 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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Bertram and Otremba introduced:

H. F. No. 162, A bill for an act relating to Stearns county; requiring the county to refund money paid by the city of Melrose for acquisition of certain property.

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

Leighton, Peterson, Tunheim, Opatz and Schumacher introduced:

H. F. No. 163, 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.

Jefferson, Jacobs, Mahon, Hausman and Erhardt introduced:

H. F. No. 164, A bill for an act relating to utilities; abolishing sunset provision related to area development rate plans; amending Minnesota Statutes 1994, section 216B.161; and Laws 1990, chapter 370, section 7; repealing Minnesota Statutes 1994, section 216B.161, subdivision 4.

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

Schumacher; Ness; Tomassoni; Johnson, A., and Dauner introduced:

H. F. No. 165, 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.

Bettermann, Finseth, Hackbarth, Jennings and Rostberg introduced:

H. F. No. 166, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; authorizing the death penalty for first degree murder.

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

Jefferson and Pawlenty introduced:

H. F. No. 167, A bill for an act relating to elections; changing certain requirements and procedures for voter registration and absentee voting; imposing a penalty; amending Minnesota Statutes 1994, sections 201.061, subdivision 1; 201.071, subdivision 1; 201.081; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivisions 1 and 2; 201.171; 203B.02, subdivision 1a; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.06, subdivision 3; 203B.07, subdivision 2; 203B.08, subdivision 1; 203B.11, by adding a subdivision; 203B.12, subdivision 2, and by adding a subdivision; 203B.13, subdivisions 1 and 2; 203B.16, by adding a subdivision; and 203B.19; proposing coding for new law in Minnesota Statutes, chapter 203B.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:


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Mr Speaker:

I hereby announce the adoption by the Senate of the following House Concurrent Resolution, herewith returned:

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

Patrick E. Flahaven, Secretary of the Senate

GENERAL ORDERS

Pursuant to Rules of the House, the House resolved itself into the Committee of the Whole with Anderson, I., in the Chair for consideration of bills pending on General Orders of the day. After some time spent therein the Committee arose.

REPORT OF THE COMMITTEE OF THE WHOLE

The Speaker resumed the Chair, whereupon the following recommendations of the Committee were reported to the House:

H. F. Nos. 45 and 47 were recommended to pass.

On the motion of Carruthers, the report of the Committee of the Whole was adopted.

MOTIONS AND RESOLUTIONS

Jacobs moved that the name of Rest be added as an author on H. F. No. 97. The motion prevailed.

Johnson, V., moved that the name of Davids be added as an author on H. F. No. 121. The motion prevailed.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, January 26, 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., Thursday, January 26, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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