Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8615

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

NINETY-NINTH DAY

Saint Paul, Minnesota, Wednesday, March 25, 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 Pastor David Everett, Grace Lutheran Church, Mora, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Finseth, Krinkie, Luther, Macklin and Marko were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Daggett 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 - 99th Day - Wednesday, March 25, 1998 - Top of Page 8616

REPORTS OF CHIEF CLERK

S. F. No. 2050 and H. F. No. 2521, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bishop moved that the rules be so far suspended that S. F. No. 2050 be substituted for H. F. No. 2521 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3397 and H. F. No. 3841, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Entenza moved that the rules be so far suspended that S. F. No. 3397 be substituted for H. F. No. 3841 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

March 23, 1998

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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. 2315, relating to commerce; regulating trademarks and service marks; defining terms; providing remedies.

H. F. No. 2489, relating to natural resources; modifying the description of a state trail in Ramsey and Washington counties.

Warmest regards,

Arne H. Carlson

Governor


Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8617

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 23, 1998

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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. 3644, relating to telecommunications; modifying voting requirements for extended area service within combined school districts.

H. F. No. 2309, relating to financial institutions; regulating use of spousal credit history; requiring that creditors consider a credit history in the name of the applicant's spouse; requiring that creditors report a credit history in the names of both spouses.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

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 1998 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:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
237230510:32 a.m. March 23March 23
301630610:40 a.m. March 23March 23
258130710:42 a.m. March 23March 23
228130810:45 a.m. March 23March 23
237830910:45 a.m. March 23March 23

Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8618

231631010:45 a.m. March 23March 23
226931210:45 a.m. March 23March 23
237331310:50 a.m. March 23March 23
272531410:52 a.m. March 23March 23
231531510:36 a.m. March 23March 23
220731610:53 a.m. March 23March 23
244731710:55 a.m. March 23March 23
248931810:40 a.m. March 23March 23
303231910:55 a.m. March 23March 23
303632010:55 a.m. March 23March 23
206832110:51 a.m. March 23March 23
291132210:55 a.m. March 23March 23
226232310:48 a.m. March 23March 23
181432410:55 a.m. March 23March 23
242932510:57 a.m. March 23March 23
364432610:53 a.m. March 23March 23
230932710:55 a.m. March 23March 23
265932810:58 a.m. March 23March 23
286132910:58 a.m. March 23March 23

Sincerely,

Joan Anderson Growe
Secretary of State

REPORTS OF STANDING COMMITTEES

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

H. F. No. 3654, A bill for an act relating to utilities; requiring comprehensive study of electric industry restructuring; proposing coding for new law in Minnesota Statutes, chapter 216C.

Reported the same back with the following amendments:

Page 5, line 34, delete "provide" and insert "develop"

Page 5, line 35, delete "to the technical advisory committee"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3839, A bill for an act relating to legislative enactments; correcting miscellaneous noncontroversial oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 1996, section 115C.08, subdivision 3.

Reported the same back with the recommendation that the bill pass.

The report was adopted.


Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8619

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

S. F. No. 2775, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a new article XV, and by renumbering certain sections; renaming the permanent school fund as the children's endowment fund; maximizing the long-term total return to the fund; requiring a work group to propose a governance structure for the endowment; proposing coding for new law as Minnesota Statutes, chapter 119C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [CONSTITUTIONAL AMENDMENT.]

An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, a section shall be added to article XI to read:

Sec. 15. The endowment fund for Minnesota's children is established in the state treasury. The assets of the fund must be appropriated by law for purposes that will enhance children's physical, emotional, and intellectual development through the age of four years so that children in Minnesota begin school ready to learn. The amount appropriated each fiscal year may not exceed 5-1/2 percent of the market value of the fund one year before the start of the biennium.

Sec. 2. [SCHEDULE AND QUESTION.]

The amendment shall be submitted to the people at the 1998 general election. The question submitted shall be:

"Shall the Minnesota Constitution be amended to create a permanent endowment fund to enhance the development of young children through the age of four?

Yes .......

No ........"

CHAPTER 119C

ENDOWMENT FOR MINNESOTA'S CHILDREN

Sec. 3. [119C.01] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] The definitions in this section apply to sections 119C.01 to 119C.05.

Subd. 2. [ENDOWMENT FUND.] "Endowment fund" means the children's endowment fund established in the Minnesota Constitution, article XI, section 15.

Subd. 3. [YOUNG CHILDREN.] "Young children" means children through the age of four.

Sec. 4. [119C.02] [ENDOWMENT FUND TO SUPPLEMENT FUNDING.]

The endowment fund may be used to provide funding for activities under section 119C.04 and to supplement funding for ongoing programs for young children and their families. The endowment fund may not supplant any current funding for programs or activities for young children and their families.

Sec. 5. [119C.03] [ENDOWMENT FUND ACCOUNT.]

Subdivision 1. [ESTABLISHMENT OF ACCOUNT AND INVESTMENT.] The children's endowment fund, under the Minnesota Constitution, article XI, section 15, is established as an account in the state treasury. The commissioner of finance shall credit to the endowment fund the amounts authorized under this section and section 119C.05. The state board of


Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8620

investment shall ensure that endowment fund money is invested under section 11A.24. All money earned by the endowment fund must be credited to the endowment fund. The principal of the endowment fund and any unexpended earnings must be invested and reinvested by the state board of investment.

Subd. 2. [REVENUE.] Nothing in sections 3 to 8 limits the source of contributions to the endowment fund.

Subd. 3. [GIFTS AND DONATIONS.] Gifts and donations may be made to the endowment fund. Noncash gifts and donations must be disposed of for cash as soon as the board prudently can maximize the value of the gift or donation. Gifts and donations of marketable securities may be held or disposed of for cash at the option of the board. The cash receipts of gifts and donations of cash or capital assets and marketable securities disposed of for cash must be credited immediately to the principal of the endowment fund. The value of marketable securities at the time the gift or donation is made must be credited to the principal of the endowment fund and any earnings from the marketable securities are earnings of the endowment fund.

Subd. 4. [AUDITS REQUIRED.] The legislative auditor shall audit endowment fund expenditures.

Sec. 6. [119C.04] [ENDOWMENT FUND EXPENDITURES.]

Money in the endowment fund may be spent as appropriated by law for:

(1) research that emphasizes results and contributes to increasing the understanding of the development of young children's brains or to developing new methods to increase the effectiveness of stimulation and educational activities that will improve brain development in young children;

(2) collection, analysis, and distribution of information to communities and families that assists in enhancing the development of young children;

(3) enhancement of public education, awareness, and understanding necessary for the promotion and encouragement of activities and decisions that protect and stimulate young children's development;

(4) supplemental funding to those projects that have demonstrated successful outcomes in improving and enhancing the development of young children; and

(5) administrative and investment expenses incurred by the state board of investment in investing assets of the endowment fund.

Sec. 7. [119C.05] [ROYALTIES; COPYRIGHTS; PATENTS.]

This section applies to projects supported by the endowment fund. The endowment fund owns and shall take title to the percentage of a royalty, copyright, or patent resulting from a project supported by the fund equal to the percentage of the project's total funding provided by the fund. Cash receipts resulting from a royalty, copyright, or patent, or the sale of the endowment fund's rights to a royalty, copyright, or patent, must be credited immediately to the principal of the endowment fund.

Sec. 8. [GOVERNANCE.]

The governor, the subcommittee on committees of the committee on rules and administration of the senate, and the speaker of the house of representatives shall jointly appoint a work group of legislators and community and foundation representatives to develop a proposal for governance of the endowment for Minnesota's children. The work group shall prepare a report and submit recommendations to the legislature by January 15, 1999, which include the governance structure, composition of the governing body, authority and responsibility for managing funds, and how to best focus the children's endowment funds to improve outcomes for children through the age of four years.


Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8621

Sec. 9. [EFFECTIVE DATE.]

Sections 3 to 8 are effective the day after the constitutional amendment proposed in sections 1 and 2 is adopted."

Delete the title and insert:

"A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; proposing coding for new law as Minnesota Statutes, chapter 119C."

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 3654 and 3839 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 2050, 3397 and 2775 were read for the second time.

HOUSE ADVISORIES

The following House Advisory was introduced:

Harder, Rest, Erhardt, Dehler and Long introduced:

H. A. No. 17, A proposal to study the status of corporations governed by local governmental units.

The advisory was referred to the Committee on Local Government and Metropolitan Affairs.

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, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3070, A bill for an act relating to energy; providing for variance for decorative gas lamp; amending Minnesota Statutes 1996, section 216C.19, subdivision 6.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8622

CONCURRENCE AND REPASSAGE

Wolf moved that the House concur in the Senate amendments to H. F. No. 3070 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3070, A bill for an act relating to energy; providing for variance for decorative gas lamp; amending Minnesota Statutes 1996, section 216C.19, subdivision 6.

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 121 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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. 3068, A bill for an act relating to state employment; modifying salary provisions for certain officials; setting conditions for advancing employees within a compensation plan or to exceed the salary of an agency head; providing an early retirement incentive for certain employees of the bureau of criminal apprehension; ratifying certain labor agreements; ratifying certain plans and proposals; amending Minnesota Statutes 1997 Supplement, sections 15A.0815, subdivision 3; 43A.17, subdivision 3; and 298.22, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 43A.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8623

CONCURRENCE AND REPASSAGE

Solberg moved that the House concur in the Senate amendments to H. F. No. 3068 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3068, A bill for an act relating to state employment; modifying salary provisions for certain officials; setting conditions for advancing employees within a compensation plan or to exceed the salary of an agency head; providing an early retirement incentive for certain employees of the bureau of criminal apprehension; ratifying certain labor agreements; ratifying certain plans and proposals; amending Minnesota Statutes 1997 Supplement, sections 15A.0815, subdivision 3; 43A.17, subdivision 3; and 298.22, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 43A.

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 McCollum from voting on H. F. No. 3068, as amended by the Senate.

There were 91 yeas and 32 nays as follows:

Those who voted in the affirmative were:

Abrams Evans Johnson, R. Mullery Rest Tomassoni
Anderson, I. Folliard Juhnke Munger Rhodes Tunheim
Bakk Garcia Kahn Murphy Rostberg Vandeveer
Biernat Goodno Kalis Ness Rukavina Wagenius
Bishop Greenfield Kelso Nornes Schumacher Weaver
Boudreau Greiling Kinkel Olson, E. Seagren Wejcman
Bradley Gunther Koskinen Opatz Sekhon Wenzel
Carlson Hasskamp Kubly Orfield Skare Westfall
Clark, K. Hausman Leppik Osthoff Skoglund Winter
Daggett Hilty Lieder Otremba, M. Slawik Wolf
Dawkins Holsten Long Ozment Smith Spk. Carruthers
Delmont Huntley Mahon Pawlenty Solberg
Dempsey Jaros Mares Paymar Stanek
Dorn Jefferson Mariani Pelowski Stang
Entenza Jennings McGuire Peterson Sviggum
Erhardt Johnson, A. Milbert Pugh Sykora

Those who voted in the negative were:

Anderson, B. Davids Knight McElroy Seifert Westrom
Bettermann Dehler Knoblach Molnau Swenson, H. Workman
Broecker Erickson Kraus Mulder Tingelstad
Chaudhary Haas Kuisle Paulsen Tompkins
Clark, J. Harder Larsen Reuter Tuma
Commers Kielkucki Lindner Rifenberg Van Dellen

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

GENERAL ORDERS

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


Journal of the House - 99th Day - Wednesday, March 25, 1998 - Top of Page 8624

MOTIONS AND RESOLUTIONS

Otremba, M., 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 24, 1998, when the vote was taken on the Stang and Rukavina amendment to S. F. No. 2407, the unofficial engrossment." The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Thursday, March 26, 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., Thursday, March 26, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives