Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8577

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

NINETY-SEVENTH DAY

Saint Paul, Minnesota, Monday, March 23, 1998

The House of Representatives convened at 10:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend Ronald A. Smith, House Chaplain.

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 Entenza Johnson, A. Mahon Paulsen Stang
Anderson, B. Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, I. Erickson Juhnke Marko Paymar Swenson, H.
Bakk Evans Kahn McCollum Pelowski Sykora
Bettermann Farrell Kalis McElroy Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knight Mulder Rhodes Tuma
Broecker Greenfield Knoblach Mullery Rifenberg Tunheim
Carlson Greiling Koskinen Munger Rostberg Van Dellen
Chaudhary Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers

A quorum was present.

Luther was excused.

Mariani was excused until 11:50 a.m.

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


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8578

REPORTS OF CHIEF CLERK

S. F. No. 2718 and H. F. No. 3064, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Clark, K., moved that the rules be so far suspended that S. F. No. 2718 be substituted for H. F. No. 3064 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2737 and H. F. No. 3360, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Paymar moved that the rules be so far suspended that S. F. No. 2737 be substituted for H. F. No. 3360 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. Nos. 2718 and 2737 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Anderson, I.; Bakk and Olson, E., introduced:

H. F. No. 3854, A resolution memorializing the United States government to resolve certain differences between the Province of Ontario and the State of Minnesota.

The bill was read for the first time.

SUSPENSION OF RULES

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Anderson, I., moved that the rule therein be suspended and an urgency be declared so that H. F. No. 3854 be given its second and third readings and be placed upon its final passage. The motion prevailed.

Anderson, I., moved that the Rules of the House be so far suspended that H. F. No. 3854 be given its second and third readings and be placed upon its final passage. The motion prevailed.

H. F. No. 3854 was read for the second time.


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8579

Anderson, I., moved to amend H. F. No. 3854 as follows:

Page 2, line 19, delete "and"

Page 2, line 20 before the period, insert "and the Canadian embassy in Washington, D. C."

The motion prevailed and the amendment was adopted.

Anderson, I., moved to amend H. F. No. 3854, as amended, as follows:

Page 2, line 1, after "a" insert "proposed"

The motion prevailed and the amendment was adopted.

H. F. No. 3854, A resolution memorializing the United States government to resolve certain differences between the Province of Ontario and the State of Minnesota.

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 124 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams Erickson Johnson, R. Marko Paymar Swenson, H.
Anderson, I. Evans Juhnke McCollum Pelowski Sykora
Bakk Farrell Kahn McElroy Peterson Tingelstad
Bettermann Finseth Kalis McGuire Pugh Tomassoni
Biernat Folliard Kelso Milbert Rest Tompkins
Bishop Garcia Kielkucki Molnau Reuter Trimble
Boudreau Goodno Kinkel Mulder Rhodes Tuma
Bradley Greenfield Knoblach Mullery Rifenberg Tunheim
Broecker Greiling Koskinen Munger Rostberg Van Dellen
Carlson Gunther Krinkie Murphy Rukavina Vandeveer
Chaudhary Haas Kubly Ness Schumacher Wagenius
Clark, J. Harder Kuisle Nornes Seifert Weaver
Clark, K. Hasskamp Larsen Olson, E. Sekhon Wejcman
Daggett Hausman Leighton Olson, M. Skare Wenzel
Davids Hilty Leppik Opatz Skoglund Westfall
Dawkins Holsten Lieder Orfield Slawik Westrom
Dehler Huntley Lindner Osskopp Smith Winter
Dempsey Jaros Long Otremba, M. Solberg Workman
Dorn Jefferson Macklin Ozment Stanek Spk. Carruthers
Entenza Jennings Mahon Paulsen Stang
Erhardt Johnson, A. Mares Pawlenty Sviggum

Those who voted in the negative were:

KnightWolf

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


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8580

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 2736, A bill for an act relating to counties; authorizing gifts to certain food distribution organizations; amending Minnesota Statutes 1996, section 465.039.

The Senate has appointed as such committee:

Mrs. Lourey; Mr. Vickerman and Mrs. Robling.

Said House File is herewith returned to the House.

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. 3145, A bill for an act relating to housing; providing for review of certain allocations and compliance monitoring by the Minnesota housing finance agency; amending Minnesota Statutes 1996, section 462A.223, by adding subdivisions.

The Senate has appointed as such committee:

Messrs. Novak, Pogemiller and Frederickson.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2308, A bill for an act relating to accountants; modifying licensing provisions; providing for firm licensure; authorizing rulemaking; amending Minnesota Statutes 1996, sections 326.165; 326.17; 326.18; 326.19; 326.20; 326.211; 326.212, subdivisions 1, 4, 5, and by adding a subdivision; 326.22, subdivision 2; 326.223; 326.228; and 326.229, subdivisions 3, 4, 6, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 1996, sections 326.191; 326.21; and 326.225.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8581

CONCURRENCE AND REPASSAGE

Slawik moved that the House concur in the Senate amendments to H. F. No. 2308 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2308, A bill for an act relating to accountants; modifying licensing provisions; providing for firm licensure; authorizing rulemaking; amending Minnesota Statutes 1996, sections 326.165; 326.17; 326.18; 326.19; 326.20; 326.211; 326.212, subdivisions 1, 4, 5, and by adding a subdivision; 326.22, subdivision 2; 326.223; 326.228; and 326.229, subdivisions 3, 4, 6, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 1996, sections 326.191; 326.21; and 326.225.

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 114 yeas and 17 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Jennings Mahon Paulsen Stanek
Anderson, I. Erhardt Johnson, A. Mares Pawlenty Stang
Bakk Erickson Johnson, R. Marko Paymar Swenson, H.
Bettermann Evans Juhnke McCollum Pelowski Sykora
Biernat Farrell Kahn McElroy Peterson Tingelstad
Bishop Finseth Kalis McGuire Pugh Tomassoni
Boudreau Folliard Kelso Milbert Rest Trimble
Bradley Garcia Kinkel Molnau Rhodes Tuma
Carlson Goodno Knoblach Mullery Rifenberg Tunheim
Chaudhary Greenfield Koskinen Munger Rostberg Van Dellen
Clark, J. Greiling Kraus Murphy Rukavina Wagenius
Clark, K. Gunther Kubly Ness Schumacher Weaver
Commers Harder Kuisle Nornes Seagren Wejcman
Daggett Hasskamp Larsen Olson, E. Sekhon Wenzel
Davids Hausman Leighton Opatz Skare Westfall
Dawkins Hilty Leppik Orfield Skoglund Westrom
Delmont Huntley Lieder Osthoff Slawik Winter
Dempsey Jaros Long Otremba, M. Smith Wolf
Dorn Jefferson Macklin Ozment Solberg Spk. Carruthers

Those who voted in the negative were:

Anderson, B. Holsten Krinkie Olson, M. Seifert Vandeveer
Dehler Kielkucki Lindner Osskopp Sviggum Workman
Haas Knight Mulder Reuter Tompkins

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

Mr. Speaker:

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

H. F. No. 3297, A bill for an act relating to the environment; clarifying time for filing an action under MERLA; requiring public notice of proposed response actions; amending Minnesota Statutes 1996, sections 115B.02, by adding a subdivision; 115B.11; and 115B.17, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8582

CONCURRENCE AND REPASSAGE

Long moved that the House concur in the Senate amendments to H. F. No. 3297 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3297, A bill for an act relating to the environment; clarifying the liability of contractors performing certain response and development actions under MERLA; clarifying time for filing an action under MERLA; requiring public notice of proposed response actions; authorizing the commissioner of the pollution control agency to issue certificates of initiation of construction of response actions; amending Minnesota Statutes 1996, sections 115B.03, by adding a subdivision; 115B.11; and 115B.17, by adding subdivisions.

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.

Pursuant to rule 2.05, the Speaker excused Abrams from voting on H. F. No. 3297, as amended by the Senate.

There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erickson Juhnke Marko Pelowski Sykora
Anderson, I. Evans Kahn McCollum Peterson Tingelstad
Bakk Farrell Kalis McElroy Pugh Tomassoni
Bettermann Finseth Kelso McGuire Rest Tompkins
Biernat Folliard Kielkucki Milbert Reuter Trimble
Bishop Garcia Kinkel Molnau Rhodes Tuma
Boudreau Goodno Knight Mulder Rifenberg Tunheim
Bradley Greenfield Knoblach Mullery Rostberg Van Dellen
Broecker Greiling Koskinen Munger Rukavina Vandeveer
Carlson Gunther Kraus Murphy Schumacher Wagenius
Chaudhary Haas Krinkie Nornes Seagren Weaver
Clark, J. Harder Kubly Olson, E. Seifert Wejcman
Clark, K. Hasskamp Kuisle Olson, M. Sekhon Wenzel
Commers Hausman Larsen Opatz Skare Westfall
Daggett Hilty Leighton Orfield Skoglund Westrom
Davids Holsten Leppik Osskopp Slawik Winter
Dawkins Huntley Lieder Osthoff Smith Wolf
Dehler Jaros Lindner Otremba, M. Solberg Workman
Dempsey Jefferson Long Ozment Stanek Spk. Carruthers
Dorn Jennings Macklin Paulsen Stang
Entenza Johnson, A. Mahon Pawlenty Sviggum
Erhardt Johnson, R. Mares Paymar Swenson, H.

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

Mr. Speaker:

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

H. F. No. 113, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending until the year 2020 the period during which at least 40 percent of the net proceeds from the state lottery must be credited to the environment and natural resources trust fund; modifying authority for appropriations from the fund.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8583

CONCURRENCE AND REPASSAGE

Munger moved that the House concur in the Senate amendments to H. F. No. 113 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 113, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 14; extending to the year 2050 the dedication of lottery proceeds to the environment and natural resources trust fund and maximizing the long-term total return to the fund.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, A. Mahon Paulsen Stang
Anderson, B. Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, I. Erickson Juhnke Marko Paymar Swenson, H.
Bakk Evans Kahn McCollum Pelowski Sykora
Bettermann Farrell Kalis McElroy Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knight Mulder Rhodes Tuma
Broecker Greenfield Knoblach Mullery Rifenberg Tunheim
Carlson Greiling Koskinen Munger Rostberg Van Dellen
Chaudhary Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers

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

Mr. Speaker:

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

S. F. No. 2751, A bill for an act relating to employment; requiring an accommodation to certain nursing mothers; providing that breast-feeding is excepted from the crime of indecent exposure; amending Minnesota Statutes 1996, section 617.23; proposing coding for new law in Minnesota Statutes, chapter 181.


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8584

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

Mses. Anderson, Krentz and Mrs. Robling.

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

Greiling 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. 2751. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 41 and 537.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 41, A bill for an act proposing an amendment to the Minnesota Constitution, article 1, by adding a section; affirming the right of citizens to hunt or take game and fish.

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

S. F. No. 537, A bill for an act relating to crime prevention; providing for mandatory revocation of a teacher's license for certain offenses; clarifying that a court may not refuse to adjudicate a defendant's guilt except upon agreement of the parties; amending the criminal sexual conduct statutes to criminalize certain acts committed by persons in a position of authority, even where the authority was not used to cause the victim to submit; amending Minnesota Statutes 1996, sections 125.09, by adding a subdivision; 609.095; 609.341, subdivisions 11 and 12; 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; and 609.345, subdivision 1.

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

SPECIAL ORDERS

H. F. No. 2588, A bill for an act relating to metropolitan government; providing for an elected metropolitan council; regulating contributions to candidates; amending Minnesota Statutes 1996, sections 15.0597, subdivision 1; 204B.06, subdivision 4; 204B.09, subdivisions 1 and 1a; 204B.11; 204B.135, subdivision 2; 204B.32, subdivision 2; 204D.02, subdivision 1; 204D.08, subdivision 6; 204D.27, by adding a subdivision; 209.02, subdivision 1; 211B.01, subdivision 3; 353D.01, subdivision 2; and 473.123, subdivisions 1, 4, and 7; proposing coding for new law in Minnesota Statutes, chapters 204D; and 473; repealing Minnesota Statutes 1996, sections 473.123, subdivisions 2a, 3, 3a, and 3c.

The bill was placed upon its final passage.


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8585

The question was taken on the passage of the bill and the roll was called. There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Farrell Jennings Long Orfield Skoglund
Bakk Folliard Johnson, A. Mahon Otremba, M. Slawik
Biernat Garcia Johnson, R. Mariani Paymar Solberg
Carlson Greenfield Juhnke McCollum Pelowski Tomassoni
Chaudhary Greiling Kahn McGuire Peterson Trimble
Clark, K. Hasskamp Kalis Milbert Pugh Tunheim
Dawkins Hausman Kinkel Mullery Rest Wagenius
Delmont Hilty Koskinen Munger Rukavina Wejcman
Dorn Huntley Kubly Murphy Schumacher Wenzel
Entenza Jaros Leighton Olson, E. Sekhon Winter
Evans Jefferson Lieder Opatz Skare Spk. Carruthers

Those who voted in the negative were:

Abrams Dempsey Knoblach Mulder Rostberg Van Dellen
Anderson, B. Erhardt Kraus Ness Seagren Vandeveer
Bettermann Erickson Krinkie Nornes Seifert Weaver
Bishop Finseth Kuisle Olson, M. Smith Westfall
Boudreau Goodno Larsen Osskopp Stanek Westrom
Bradley Gunther Leppik Osthoff Stang Wolf
Broecker Haas Lindner Ozment Sviggum Workman
Clark, J. Harder Macklin Paulsen Swenson, H.
Commers Holsten Mares Pawlenty Sykora
Daggett Kelso Marko Reuter Tingelstad
Davids Kielkucki McElroy Rhodes Tompkins
Dehler Knight Molnau Rifenberg Tuma

The bill was not passed.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Winter from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

S. F. Nos. 2256, 2149, 2221, 2148, 2118 and 2302; and H. F. Nos. 2277 and 1244.

SPECIAL ORDERS, Continued

S. F. No. 2256 was reported to the House.

Greiling moved to amend S. F. No. 2256 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2486, the first engrossment:

"Section 1. Minnesota Statutes 1997 Supplement, section 201.15, subdivision 1, is amended to read:


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8586

Subdivision 1. [GUARDIANSHIPS, AND INCOMPETENTS AND PSYCHOPATHS.] The state court administrator shall report monthly to the secretary of state the name, address, and date of birth of each individual 18 years of age or over, who during the month preceding the date of the report:

(a) was placed under a guardianship of the person; or

(b) was adjudged legally incompetent by reason of mental illness, mental deficiency, or inebriation; or

(c) was adjudged a sexually dangerous person or a person with a sexual psychopathic personality.

The court administrator shall also report the same information for each individual transferred to the jurisdiction of the court who meets a condition specified in clause (a), or (b), or (c). The secretary of state shall determine if any of the persons in the report is registered to vote and shall prepare a list of those registrants for the county auditor. The county auditor shall change the status on the record in the statewide registration system of any individual named in the report to indicate that the individual is not eligible to reregister or vote.

Sec. 2. Minnesota Statutes 1996, section 211B.04, is amended to read:

211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.]

(a) A person who participates in the preparation or dissemination of campaign material other than as provided in section 211B.05, subdivision 1, that does not prominently include the name and address of the person or committee causing the material to be prepared or disseminated in a disclaimer substantially in the form provided in paragraph (b) or (c) is guilty of a misdemeanor.

(b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared and paid for by the . . . . . . committee, . . . . .(address)" for material prepared and paid for by a principal campaign committee, or "Prepared and paid for by the . . . . . . . committee, . . . . . (address), in support of . . . . . .(insert name of candidate or ballot question)" for material prepared and paid for by a person or committee other than a principal campaign committee.

(c) In the case of broadcast media, the required form of disclaimer is: "Paid for by the . . . . . . . . committee."

(d) Campaign material that is not circulated on behalf of a particular candidate or ballot question must also include in the disclaimer either that it is "in opposition to . . . .(insert name of candidate or ballot question . . . .)"; or that "this publication is not circulated on behalf of any candidate or ballot question."

(e) This section does not apply to objects stating only the candidate's name and the office sought, fundraising tickets, or personal letters that are clearly being sent by the candidate.

(f) This section does not apply to an individual acting independently of any candidate, political committee, or political fund who spends to produce and distribute campaign material only from the individual's own resources, and more than 14 days before the election to which the campaign material relates, a sum that is less than $300 in the aggregate.

(f) (g) This section does not modify or repeal section 211B.06.

Sec. 3. Minnesota Statutes 1996, section 211B.06, subdivision 1, is amended to read:

Subdivision 1. [GROSS MISDEMEANOR.] A person is guilty of a gross misdemeanor who intentionally participates in the preparation, dissemination, or broadcast of paid political advertising or campaign material with respect to the personal or political character or acts of a candidate, whether or not defamatory, or with respect to the effect of a ballot question, that the person knows or has reason to believe is false and that is designed or tends to elect, injure, promote, or defeat a candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8587

A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter to the editor with respect to the personal or political character or acts of a candidate, if defamatory, or with respect to the effect of a ballot question, that the person knows is false and which is designed or tends to elect, injure, promote, or defeat any candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.

Sec. 4. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to elections; eliminating certain provisions that have been ruled unconstitutional; amending Minnesota Statutes 1996, sections 211B.04; and 211B.06, subdivision 1; Minnesota Statutes 1997 Supplement, section 201.15, subdivision 1."

The motion prevailed and the amendment was adopted.

S. F. No. 2256, A bill for an act relating to elections; eliminating certain provisions that have been ruled unconstitutional; amending Minnesota Statutes 1996, sections 211B.04; 211B.06, subdivision 1; 253B.23, subdivision 2; and 609.165, by adding a subdivision; Minnesota Statutes 1997 Supplement, section 201.15, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, R. Mariani Pawlenty Sviggum
Anderson, I. Erickson Juhnke Marko Paymar Swenson, H.
Bakk Evans Kahn McCollum Pelowski Sykora
Bettermann Farrell Kalis McElroy Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knoblach Mulder Rhodes Tuma
Broecker Greenfield Koskinen Mullery Rifenberg Tunheim
Carlson Greiling Kraus Munger Rostberg Van Dellen
Chaudhary Gunther Krinkie Murphy Rukavina Vandeveer
Clark, J. Haas Kubly Ness Schumacher Wagenius
Clark, K. Harder Kuisle Nornes Seagren Weaver
Commers Hasskamp Larsen Olson, E. Seifert Wejcman
Daggett Hausman Leighton Olson, M. Sekhon Wenzel
Davids Hilty Leppik Opatz Skare Westfall
Dawkins Holsten Lieder Orfield Skoglund Westrom
Dehler Huntley Lindner Osskopp Slawik Winter
Delmont Jaros Long Osthoff Smith Wolf
Dempsey Jefferson Macklin Otremba, M. Solberg Workman
Dorn Jennings Mahon Ozment Stanek Spk. Carruthers
Entenza Johnson, A. Mares Paulsen Stang

Those who voted in the negative were:

Anderson, B.Knight

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


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8588

S. F. No. 2149, A bill for an act relating to elections; providing for updated voter records; amending Minnesota Statutes 1996, section 201.13, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 71 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Johnson, R. Mariani Otremba, M. Skoglund
Bakk Garcia Juhnke Marko Paymar Slawik
Biernat Greenfield Kalis McCollum Pelowski Solberg
Carlson Greiling Kelso McGuire Peterson Tomassoni
Chaudhary Hasskamp Kinkel Milbert Pugh Trimble
Clark, K. Hausman Koskinen Mullery Rest Tunheim
Dawkins Hilty Kubly Munger Rhodes Wagenius
Delmont Huntley Leighton Murphy Rostberg Wejcman
Dorn Jaros Leppik Olson, E. Rukavina Wenzel
Entenza Jefferson Lieder Opatz Schumacher Winter
Evans Jennings Long Orfield Sekhon Spk. Carruthers
Farrell Johnson, A. Mahon Osthoff Skare

Those who voted in the negative were:

Abrams Dehler Knight Mulder Seifert Vandeveer
Anderson, B. Dempsey Knoblach Ness Smith Weaver
Bettermann Erhardt Kraus Nornes Stanek Westfall
Bishop Erickson Krinkie Olson, M. Stang Westrom
Boudreau Finseth Kuisle Osskopp Sviggum Wolf
Bradley Goodno Larsen Ozment Swenson, H. Workman
Broecker Gunther Lindner Paulsen Sykora
Clark, J. Haas Macklin Pawlenty Tingelstad
Commers Harder Mares Reuter Tompkins
Daggett Holsten McElroy Rifenberg Tuma
Davids Kielkucki Molnau Seagren Van Dellen

The bill was passed and its title agreed to.

S. F. No. 2221, A bill for an act relating to Ramsey county; authorizing extension of a pilot program to test open absentee balloting.

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 78 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Farrell Johnson, R. Long Orfield Skare
Bakk Folliard Juhnke Mahon Osthoff Skoglund
Biernat Garcia Kahn Mares Otremba, M. Slawik
Bishop Greenfield Kalis Mariani Paymar Solberg

Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8589
Broecker Greiling Kelso Marko Pelowski Tomassoni
Carlson Hasskamp Kinkel McCollum Peterson Trimble
Chaudhary Hausman Koskinen McGuire Pugh Tunheim
Clark, K. Hilty Kraus Milbert Rest Wagenius
Dawkins Huntley Kubly Mullery Rhodes Wejcman
Delmont Jaros Kuisle Munger Rukavina Wenzel
Dorn Jefferson Larsen Murphy Schumacher Westfall
Entenza Jennings Leighton Olson, E. Seagren Winter
Evans Johnson, A. Leppik Opatz Sekhon Spk. Carruthers

Those who voted in the negative were:

Abrams Dehler Holsten Mulder Rifenberg Tingelstad
Anderson, B. Dempsey Kielkucki Ness Rostberg Tompkins
Bettermann Erhardt Knight Nornes Seifert Tuma
Boudreau Erickson Knoblach Olson, M. Smith Van Dellen
Bradley Finseth Krinkie Osskopp Stanek Vandeveer
Clark, J. Goodno Lindner Ozment Stang Weaver
Commers Gunther Macklin Paulsen Sviggum Westrom
Daggett Haas McElroy Pawlenty Swenson, H. Wolf
Davids Harder Molnau Reuter Sykora Workman

The bill was passed and its title agreed to.

S. F. No. 2148 was reported to the House.

Osthoff moved to amend S. F. No. 2148 as follows:

Page 1, after line 19, insert:

"Sec. 2. Minnesota Statutes 1997 Supplement, section 203B.03, subdivision 1, is amended to read:

Subdivision 1. [VIOLATION.] No individual shall intentionally:

(a) make or sign any false certificate required by this chapter;

(b) make any false or untrue statement in any application for absentee ballots;

(c) apply for absentee ballots more than once in any election with the intent to cast an illegal ballot;

(d) exhibit a ballot marked by that individual to any other individual;

(e) do any act in violation of the provisions of this chapter for the purpose of casting an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

(f) use information from absentee ballot materials or records for purposes unrelated to elections, political activities, or law enforcement; or

(g) provide assistance to an absentee voter except in the manner provided by section 204C.15, subdivision 1;

(h) accept any payment of money or other thing of monetary value for either delivery in person or depositing in the mail of an absentee ballot application or voted ballot to the county auditor or local election official; or


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8590

(i) solicit the vote of an absentee voter while in the residence or in the immediate presence of the voter and during the time the individual knows the absentee voter is voting.

Before inspecting information from absentee ballot materials or records, an individual shall provide identification to the public official having custody of the material or information."

Page 1, line 20, delete "2" and insert "3"

Amend the title as follows:

Page 1, line 5, delete "section" and insert "sections" and before "203B.04" insert "203B.03, subdivision 1; and"

The motion prevailed and the amendment was adopted.

S. F. No. 2148, A bill for an act relating to elections; changing certain absentee ballot provisions; amending Minnesota Statutes 1996, section 203B.02, subdivision 1; Minnesota Statutes 1997 Supplement, section 203B.04, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 68 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Johnson, R. Mariani Paymar Tomassoni
Bakk Garcia Juhnke Marko Pelowski Trimble
Biernat Greenfield Kahn McCollum Peterson Tunheim
Carlson Greiling Kalis McGuire Pugh Wagenius
Chaudhary Hasskamp Kinkel Milbert Rest Wejcman
Clark, K. Hausman Koskinen Mullery Rukavina Wenzel
Dawkins Hilty Kubly Munger Schumacher Winter
Delmont Huntley Leighton Murphy Sekhon Spk. Carruthers
Dorn Jaros Leppik Olson, E. Skare
Entenza Jefferson Lieder Opatz Skoglund
Evans Jennings Long Osthoff Slawik
Farrell Johnson, A. Mahon Otremba, M. Solberg

Those who voted in the negative were:

Abrams Dehler Kielkucki Molnau Rifenberg Tompkins
Anderson, B. Dempsey Knight Mulder Rostberg Tuma
Bettermann Erhardt Knoblach Ness Seagren Van Dellen
Bishop Erickson Kraus Nornes Seifert Vandeveer
Boudreau Finseth Krinkie Olson, M. Smith Weaver
Bradley Goodno Kuisle Osskopp Stanek Westfall
Broecker Gunther Larsen Ozment Stang Westrom
Clark, J. Haas Lindner Paulsen Sviggum Wolf
Commers Harder Macklin Pawlenty Swenson, H. Workman
Daggett Holsten Mares Reuter Sykora
Davids Kelso McElroy Rhodes Tingelstad

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


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8591

S. F. No. 2118 was reported to the House.

Jefferson moved to amend S. F. No. 2118 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2293, the first engrossment:

"Section 1. Minnesota Statutes 1996, section 203B.02, is amended by adding a subdivision to read:

Subd. 1b. [SENATE DISTRICT 58 PILOT PROJECT.] Until January 1, 2002, any eligible voter in senate district 58 may vote by absentee ballot without qualification by submitting a written request to the county auditor, notwithstanding the provisions of subdivision 1. The application for absentee ballots must include the voter's name, residence address in the district, address to which the ballots are to be mailed, the date of the request, and the voter's signature.

The county auditor shall maintain a record of the number of applications for absentee ballots submitted under this subdivision. Using this information, the secretary of state shall prepare an annual report to the legislature on the implementation of this subdivision.

Assistance to voters in marking absentee ballots is subject to section 204C.15, subdivision 1.

Sec. 2. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to elections; authorizing experimental balloting procedures in senate district 58; amending Minnesota Statutes 1996, section 203B.02, by adding a subdivision."

The motion prevailed and the amendment was adopted.

S. F. No. 2118, A bill for an act relating to elections; authorizing experimental balloting procedures in Hennepin county; amending Minnesota Statutes 1996, section 203B.02, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 73 yeas and 60 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Garcia Kahn McCollum Pelowski Trimble
Bakk Greenfield Kalis McGuire Peterson Tuma
Biernat Greiling Kelso Milbert Pugh Tunheim
Carlson Hasskamp Kinkel Mullery Rest Wagenius
Chaudhary Hausman Koskinen Munger Rukavina Wejcman
Clark, K. Hilty Kubly Murphy Schumacher Wenzel
Dawkins Huntley Kuisle Olson, E. Seifert Winter
Delmont Jaros Leighton Opatz Sekhon Spk. Carruthers
Dorn Jefferson Lieder Orfield Skare
Entenza Jennings Long Osskopp Skoglund
Evans Johnson, A. Mahon Osthoff Slawik
Farrell Johnson, R. Mariani Otremba, M. Solberg
Folliard Juhnke Marko Paymar Tomassoni


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8592

Those who voted in the negative were:

Abrams Davids Holsten Mares Reuter Sykora
Anderson, B. Dehler Kielkucki McElroy Rhodes Tingelstad
Bettermann Dempsey Knight Molnau Rifenberg Tompkins
Bishop Erhardt Knoblach Mulder Rostberg Van Dellen
Boudreau Erickson Kraus Ness Seagren Vandeveer
Bradley Finseth Krinkie Nornes Smith Weaver
Broecker Goodno Larsen Olson, M. Stanek Westfall
Clark, J. Gunther Leppik Ozment Stang Westrom
Commers Haas Lindner Paulsen Sviggum Wolf
Daggett Harder Macklin Pawlenty Swenson, H. Workman

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

S. F. No. 2302 was reported to the House.

Kuisle moved that S. F. No. 2302 be temporarily laid over on Special Orders. The motion prevailed.

H. F. No. 2277 was reported to the House.

Molnau moved to amend H. F. No. 2277, the first engrossment, as follows:

Page 1, line 15, after "state" insert "orally or"

A roll call was requested and properly seconded.

The question was taken on the Molnau amendment and the roll was called. There were 65 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Knight Molnau Rhodes Tingelstad
Anderson, B. Erhardt Knoblach Mulder Rifenberg Tompkins
Bettermann Erickson Kraus Mullery Rostberg Tuma
Boudreau Finseth Krinkie Ness Seagren Van Dellen
Bradley Folliard Kuisle Nornes Seifert Vandeveer
Broecker Goodno Larsen Olson, M. Smith Weaver
Clark, J. Gunther Lindner Osskopp Stanek Westfall
Commers Haas Macklin Ozment Stang Westrom
Daggett Harder Mares Paulsen Sviggum Wolf
Davids Holsten Mariani Pawlenty Swenson, H. Workman
Dehler Kielkucki McElroy Reuter Sykora

Those who voted in the negative were:

Anderson, I. Farrell Johnson, A. Long Osthoff Skoglund
Bakk Garcia Johnson, R. Mahon Otremba, M. Slawik
Biernat Greenfield Juhnke Marko Paymar Solberg

Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8593
Carlson Greiling Kahn McCollum Pelowski Tomassoni
Chaudhary Hasskamp Kalis McGuire Peterson Trimble
Clark, K. Hausman Kelso Milbert Pugh Tunheim
Dawkins Hilty Kinkel Munger Rest Wagenius
Delmont Huntley Koskinen Murphy Rukavina Wejcman
Dorn Jaros Kubly Olson, E. Schumacher Wenzel
Entenza Jefferson Leighton Opatz Sekhon Winter
Evans Jennings Lieder Orfield Skare Spk. Carruthers

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

H. F. No. 2277, A bill for an act relating to fair campaign practices; requiring written permission of an organization before campaign material can state that the organization supports a certain candidate or ballot question; amending Minnesota Statutes 1996, section 211B.02.

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 73 yeas and 59 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Garcia Kahn Marko Pelowski Trimble
Biernat Greenfield Kalis McCollum Peterson Tunheim
Carlson Greiling Kelso McGuire Pugh Wagenius
Chaudhary Hasskamp Kinkel Milbert Rest Wejcman
Clark, K. Hausman Koskinen Mullery Rhodes Wenzel
Dawkins Hilty Kubly Munger Rukavina Westrom
Delmont Huntley Kuisle Murphy Schumacher Winter
Dorn Jaros Leighton Olson, E. Sekhon Spk. Carruthers
Entenza Jefferson Leppik Opatz Skare
Evans Jennings Lieder Orfield Skoglund
Farrell Johnson, A. Long Osthoff Slawik
Finseth Johnson, R. Mahon Otremba, M. Solberg
Folliard Juhnke Mariani Paymar Tomassoni

Those who voted in the negative were:

Abrams Davids Kielkucki Molnau Rifenberg Tingelstad
Anderson, B. Dehler Knight Mulder Rostberg Tompkins
Bettermann Dempsey Knoblach Ness Seagren Tuma
Bishop Erhardt Kraus Nornes Seifert Van Dellen
Boudreau Erickson Krinkie Olson, M. Smith Vandeveer
Bradley Goodno Larsen Osskopp Stanek Weaver
Broecker Gunther Lindner Ozment Stang Westfall
Clark, J. Haas Macklin Paulsen Sviggum Wolf
Commers Harder Mares Pawlenty Swenson, H. Workman
Daggett Holsten McElroy Reuter Sykora

The bill was passed and its title agreed to.

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

S. F. No. 2302 which was temporarily laid over earlier today on Special Orders was again reported to the House.


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8594

Kuisle moved to amend S. F. No. 2302 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2774, as introduced:

"Section 1. Minnesota Statutes 1996, section 375A.12, subdivision 4, is amended to read:

Subd. 4. [CONDUCT OF ELECTION.] When a referendum is required to be held, the county auditor shall conduct the referendum following the procedures provided in chapter 372, as nearly as possible section 375.20, as far as practicable, and not inconsistent with sections 375A.01 to 375A.10. The referendum may be held at any primary, general or special election held not less than 30 days before the first day on which candidates may file for county office.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.

S. F. No. 2302, A bill for an act relating to local government; clarifying the conduct of certain county elections; amending Minnesota Statutes 1996, section 375A.12, 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 97 yeas and 35 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Kinkel Ness Rostberg Tompkins
Anderson, I. Folliard Kraus Nornes Rukavina Trimble
Bakk Garcia Kubly Olson, E. Schumacher Tuma
Bettermann Goodno Kuisle Opatz Seagren Tunheim
Bishop Gunther Leppik Osskopp Seifert Van Dellen
Boudreau Haas Lieder Osthoff Sekhon Vandeveer
Bradley Harder Lindner Otremba, M. Skare Weaver
Carlson Hasskamp Macklin Ozment Slawik Wejcman
Clark, J. Hausman Mahon Paulsen Smith Wenzel
Commers Holsten Mares Paymar Solberg Westfall
Daggett Huntley Marko Pelowski Stanek Wolf
Davids Jaros McCollum Peterson Stang Workman
Delmont Johnson, A. McElroy Pugh Sviggum
Dempsey Juhnke Milbert Rest Swenson, H.
Dorn Kahn Molnau Reuter Sykora
Erhardt Kalis Mulder Rhodes Tingelstad
Erickson Kelso Munger Rifenberg Tomassoni

Those who voted in the negative were:

Anderson, B. Dehler Jefferson Koskinen McGuire Skoglund
Biernat Entenza Jennings Krinkie Mullery Wagenius
Broecker Finseth Johnson, R. Larsen Murphy Westrom
Chaudhary Greenfield Kielkucki Leighton Olson, M. Winter
Clark, K. Greiling Knight Long Orfield Spk. Carruthers
Dawkins Hilty Knoblach Mariani Pawlenty

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


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8595

GENERAL ORDERS

Winter moved that the bills on General Orders for today be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Haas moved that the name of Kraus be added as an author on H. A. No. 16. The motion prevailed.

Long moved that the name of Abrams be added as an author on H. F. No. 3828. The motion prevailed.

Anderson, I., moved that the name of Haas be added as an author on H. F. No. 3854. The motion prevailed.

Koskinen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 20, 1998, when the vote was taken on the final passage of H. F. No. 3094." The motion prevailed.

Molnau moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 20, 1998, when the vote was taken on the final passage of S. F. No. 2040." The motion prevailed.

Wenzel moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 17, 1998, when the vote was taken on the final passage of S. F. No. 2586, as amended." The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2751:

Greiling, Farrell and Tingelstad.

MOTION FOR RECONSIDERATION

McGuire moved that the vote whereby S. F. No. 1181 was not passed, as amended, on Thursday, March 19, 1998, be now reconsidered. The motion prevailed.

Kahn moved that S. F. No. 1181 be returned to General Orders. The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Tuesday, March 24, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Tuesday, March 24, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 97th Day - Monday, March 23, 1998 - Top of Page 8596