Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 549

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 1999

__________________

TWENTY-FIRST DAY

Saint Paul, Minnesota, Monday, March 1, 1999

This Journal as a PDF document

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

Prayer was offered by the Reverend John Quam, St. John's Lutheran Church, Northfield, 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:

Abeler Dorman Holberg Lieder Ozment Stang
Abrams Dorn Holsten Lindner Paulsen Storm
Anderson, B. Entenza Howes Luther Pawlenty Swenson
Anderson, I. Erhardt Huntley Mahoney Paymar Sykora
Bakk Erickson Jaros Mares Pelowski Tingelstad
Biernat Finseth Jennings Mariani Peterson Tomassoni
Bishop Folliard Johnson Marko Pugh Trimble
Boudreau Fuller Juhnke McCollum Rest Tuma
Bradley Gerlach Kahn McElroy Reuter Tunheim
Broecker Gleason Kalis McGuire Rhodes Van Dellen
Buesgens Goodno Kelliher Milbert Rifenberg Vandeveer
Carlson Gray Kielkucki Molnau Rostberg Wagenius
Carruthers Greenfield Knoblach Mulder Rukavina Wejcman
Cassell Greiling Koskinen Mullery Schumacher Wenzel
Chaudhary Gunther Krinkie Ness Seagren Westerberg
Clark, J. Haake Kubly Nornes Seifert, J. Westfall
Clark, K. Haas Kuisle Olson Seifert, M. Westrom
Daggett Hackbarth Larsen, P. Opatz Skoe Wilkin
Davids Harder Larson, D. Orfield Skoglund Winter
Dawkins Hasskamp Leighton Osskopp Smith Wolf
Dehler Hausman Lenczewski Osthoff Solberg Workman
Dempsey Hilty Leppik Otremba Stanek Spk. Sviggum

A quorum was present.

Munger and Murphy were excused.

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


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REPORTS OF CHIEF CLERK

S. F. No. 73 and H. F. No. 356, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Dempsey moved that S. F. No. 73 be substituted for H. F. No. 356 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Smith from the Committee on Civil Law to which was referred:

H. F. No. 73, A bill for an act relating to the year 2000 problem; providing certain immunities; providing additional circumstances in which an emergency can be declared; providing authority to local government units to address the year 2000 problem; requiring reports by certain utilities and health care and nursing home providers; requiring the department of health to collect and disseminate certain information; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 604B.

Reported the same back with the following amendments:

Pages 1 and 2, delete sections 1 to 3, and insert:

"Section 1. [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.]

Subdivision 1. [DEFINITIONS.] For the purpose of this section, the terms defined in this section have the meanings given them.

Subd. 2. [ASSOCIATION.] "Association" means a trade, professional, governmental, or similar organization the members of which are individuals, enterprises, or governmental units engaged in similar lines of business, services, or activity.

Subd. 3. [STATE AGENCY.] "State agency" means the University of Minnesota, Minnesota state colleges and universities, and the departments, boards, agencies, and commissions in the executive, judicial, and legislative branches.

Subd. 4. [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 solution information" means information related to solutions that address the inability of computer systems, software, or electronically controlled devices to recognize certain dates in 1999 and after December 31, 1999. That inability may cause disruptions in electronic communications or the functioning of electronically controlled equipment resulting or reasonably anticipated to result from erroneous data that is or may be supplied by electronic devices.

Subd. 5. [ASSOCIATION AND RELATED IMMUNITY.] No cause of action may be maintained against an association for damages or harm resulting from the collection of year 2000 solution information or the publication of that information or against any person or entity for providing year 2000 solution information to the association.

Subd. 6. [STATE AGENCY IMMUNITY.] No cause of action may be maintained against a state agency for damages or harm resulting from the collection of year 2000 solution information or the publication of that information.


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Subd. 7. [GOVERNMENTAL UNIT IMMUNITY.] No cause of action may be maintained against a governmental unit as defined in section 462.384, subdivision 2, including governmental units acting jointly under section 471.59, for damages or harm resulting from the collection, publication, or dissemination of year 2000 solution information to other governmental units or to the metropolitan council or agencies.

Subd. 8. [EXCEPTION.] Subdivisions 5 to 7 do not apply if the party against whom the claim is brought knew that the year 2000 solution information provided was materially false or provided the information with reckless disregard as to the accuracy of the information.

Subd. 9. [NO IMPLIED CAUSE OF ACTION CREATED.] No liability on the part of any person or any public or private entity is implied or created by this section by the absence of a grant of immunity under this section.

Sec. 2. [604B.02] [TRIAL OF MATTERS INVOLVING Y2K PROCESSING.]

(a) For a civil cause of action involving a claim in tort, contract, product liability, or under any other legal theory arising out of damages allegedly due to a failure of Y2K processing, an action may be commenced and discovery may be conducted, but no dispositive motion may be heard or trial conducted until after January 2, 2001.

(b) Actions involving a failure of Y2K processing shall be referred to a Y2K processing panel of the district court to which district judges in a sufficient number shall be assigned on and after July 1, 1999."

Renumber the sections in sequence

Correct internal references

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "providing for the time of trial of Y2K processing actions; providing for referral of such actions to a panel of the district court;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Broecker from the Committee on Judiciary Finance to which was referred:

H. F. No. 112, A bill for an act relating to crime prevention; providing criminal penalties and forfeiture sanctions for persons who transfer, possess, or use the identity of another with intent to commit or aid in the commission of certain unlawful activity; amending Minnesota Statutes 1998, sections 609.531, subdivision 1; and 609.902, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 609.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Broecker from the Committee on Judiciary Finance to which was referred:

H. F. No. 142, A bill for an act relating to crime; expanding the definition of "subsequent controlled substance conviction" to include convictions subsequent to a stay of adjudication for a controlled substance crime; amending Minnesota Statutes 1998, section 152.01, subdivision 16a.


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Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Broecker from the Committee on Judiciary Finance to which was referred:

H. F. No. 143, A bill for an act relating to crime; including convictions for malicious punishment of a child within the enhanced penalty provisions of the domestic assault law; amending Minnesota Statutes 1998, section 609.2242, subdivisions 2 and 4.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 182, A bill for an act relating to statutory cities; permitting special elections in cases of certain vacancies; amending Minnesota Statutes 1998, sections 205.10, subdivision 2; and 412.02, subdivision 2a.

Reported the same back with the following amendments:

Page 1, line 10, strike everything after "cities"

Page 1, line 11, strike "general elections"

Page 1, lines 12 to 15, delete the new language

Page 1, line 25, after "at" insert "or before"

With the recommendation that when so amended the bill pass.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 338, A bill for an act relating to public safety; creating emergency management grant program; authorizing rulemaking; amending Minnesota Statutes 1998, section 12.03, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 12.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 1, line 13, delete "Sec. 2." and insert "Section 1."

Page 1, lines 15, 18, and 25, before "director" insert "state"

Page 1, line 18, delete "RULE" and insert "PROGRAM"


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Page 1, line 20, delete "rules" and insert "criteria"

Page 1, line 22, after "county" insert "or city"

Page 2, lines 3 and 9, delete "to be"

Page 2, lines 4, 6, 10, 14, 16, 18, 19, 22, 28, and 32, before "director" insert "state"

Page 3, line 17, before "director's" insert "state" and delete "as established in rules"

Page 3, line 21, before "director" insert "state"

Page 3, after line 26, insert:

"Sec. 2. [APPROPRIATION.]

$........ is appropriated from the general fund to the commissioner of public safety for the purposes of section 1. This appropriation is available until June 30, 2001."

Amend the title as follows:

Page 1, line 3, delete "authorizing rulemaking" and insert "appropriating money"

Page 1, delete line 4

Page 1, line 5, delete "adding a subdivision;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Finance.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 345, A bill for an act relating to human services; requiring elimination of the waiting list for home and community-based waivered services for persons with mental retardation; authorizing the reallocation of unspent resources; requiring certain counties to form partnerships to deliver waiver services; requiring a federal waiver request to allow program flexibility; authorizing a reserve account of one-half percent; appropriating money; amending Minnesota Statutes 1998, section 256B.0916.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 256B.0916, is amended to read:

256B.0916 [EXPANSION OF HOME AND COMMUNITY-BASED SERVICES; MANAGEMENT AND ALLOCATION RESPONSIBILITIES.]

(a) The commissioner shall expand availability of home and community-based services for persons with mental retardation and related conditions to the extent allowed by federal law and regulation and shall assist counties in transferring persons from semi-independent living services to home and community-based services. The


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 554

commissioner may transfer funds from the state semi-independent living services account available under section 252.275, subdivision 8, and state community social services aids available under section 256E.15 to the medical assistance account to pay for the nonfederal share of nonresidential and residential home and community-based services authorized under section 256B.092 for persons transferring from semi-independent living services.

(b) Upon federal approval, county boards are not responsible for funding semi-independent living services as a social service for those persons who have transferred to the home and community-based waiver program as a result of the expansion under this subdivision. The county responsibility for those persons transferred shall be assumed under section 256B.092. Notwithstanding the provisions of section 252.275, the commissioner shall continue to allocate funds under that section for semi-independent living services and county boards shall continue to fund services under sections 256E.06 and 256E.14 for those persons who cannot access home and community-based services under section 256B.092.

(c) Eighty percent of the state funds made available to the commissioner under section 252.275 as a result of persons transferring from the semi-independent living services program to the home and community-based services program shall be used to fund additional persons in the semi-independent living services program.

(d) Beginning August 1, 1998, the commissioner shall issue an annual report on the home and community-based waiver for persons with mental retardation or related conditions, that includes a list of the counties in which less than 95 percent of the allocation provided, excluding the county waivered services reserve, has been committed for two or more quarters during the previous state fiscal year. For each listed county, the report shall include the amount of funds allocated but not used, the number and ages of individuals screened and waiting for services, the services needed, a description of the technical assistance provided by the commissioner to assist the counties in jointly planning with other counties in order to serve more persons, and additional actions which will be taken to serve those screened and waiting for services.

Subdivision 1. [REDUCTION OF WAITING LIST.] (a) The legislature recognizes that as of January 1, 1999, 3,300 persons with mental retardation or related conditions have been screened and determined eligible for the home and community-based waiver services program for persons with mental retardation or related conditions. Many wait for several years before receiving service.

(b) The waiting list for this program shall be reduced or eliminated by June 30, 2003. In order to reduce the number of eligible persons waiting for identified services provided through the home and community-based waiver for persons with mental retardation or related conditions, funding shall be increased to add 500 additional eligible persons each year beyond the November 1998 medical assistance forecast for the period July 1, 1999, to June 30, 2003.

Subd. 2. [DISTRIBUTION OF FUNDS; PARTNERSHIPS.] (a) Beginning with fiscal year 2000, the commissioner shall distribute all funding available for home and community-based waiver services for persons with mental retardation or related conditions to individual counties or to groups of counties that form partnerships to jointly plan, administer, and authorize funding for eligible individuals. The commissioner shall encourage counties to form partnerships that have a sufficient number of recipients and funding to adequately manage the risk and maximize use of available resources.

(b) Counties must submit a request for funds and a plan for administering the program as required by the commissioner. The plan must identify the number of clients to be served, their ages, and their priority listing based on:

(1) requirements in Minnesota Rules, part 9525.1880;

(2) unstable living situations due to the age or incapacity of the primary caregiver; and

(3) the need for services to avoid out-of-home placement of children.


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The plan must also identify changes made to improve services to eligible persons and to improve program management.

(c) In allocating resources to counties, priority must be given to groups of counties that form partnerships to jointly plan, administer, and authorize funding for eligible individuals and to counties determined by the commissioner to have sufficient waiver capacity to maximize resource use.

(d) Within 30 days after receiving the county request for funds and plans, the commissioner shall provide a written response to the plan that includes the level of resources available to serve additional persons.

(e) Counties determined to have sufficient capacity and groups of counties managing funds in partnership are eligible to receive medical assistance administrative reimbursement for administrative costs under criteria established by the commissioner.

Subd. 3. [FAILURE TO DEVELOP PARTNERSHIPS OR SUBMIT A PLAN.] (a) By October 1 of each year the commissioner shall notify the county board if any county determined by the commissioner to have insufficient capacity to maximize use of available resources fails to develop a partnership with other counties or fails to submit a plan as required in subdivision 2. The commissioner shall provide needed technical assistance to a county or group of counties that fails to form a partnership or submit a plan. If a county has not joined a county partnership or submitted a plan within 30 days following the notice by the commissioner of its failure, the commissioner shall require and assist that county to develop a plan or contract with another county or group of counties to plan and administer the waiver services program in that county.

(b) Counties may request technical assistance, management information, and administrative support from the commissioner at any time. The commissioner shall respond to county requests within 30 days. Priority shall be given to activities that support the administrative needs of newly formed county partnerships.

Subd. 4. [RESERVE ACCOUNT.] Counties or groups of counties participating in partnerships that have submitted a plan under this section may develop a reserve account to meet crises and other unmet needs of current home and community-based waiver recipients. The amount of the allowed reserve shall be a county specific amount based upon documented past experience and projected need for the coming year described in a reserve account plan submitted for approval to the commissioner with the allocation request for the fiscal year. Any funds remaining in a reserve account at the end of the fiscal year do not cancel, but shall carry forward and be used by counties or groups of counties that have developed partnerships for home and community-based services for the next fiscal year, unless reallocated to other counties.

Subd. 5. [PRIORITIES FOR REASSIGNMENT OF RESOURCES AND APPROVAL OF INCREASED CAPACITY.] In order to maximize the number of persons served with waiver funds, the commissioner shall monitor county utilization of allocated resources and, as appropriate, reassign resources not utilized and approve increased capacity within available county allocations. Priority consideration for reassignment of resources and approval of increased capacity shall be given to counties with sufficient capacity and counties that form partnerships. In addition to the priorities listed in Minnesota Rules, part 9525.1880, the commissioner shall also give priority consideration to persons whose living situations are unstable due to the age or incapacity of the primary caregiver and to children to avoid out-of-home placement.

Subd. 6. [WAIVER REQUEST.] (a) The commissioner shall submit to the federal Health Care Financing Administration by September 1, 1999, a request for a demonstration waiver to include an option that would allow waiver service recipients to directly receive 95 percent of the funds that would be allocated to individuals based on written county criteria and procedures approved by the commissioner for the purchase of services to meet their long-term care needs. The waiver request must include a provision requiring recipients who receive funds directly to provide to the commissioner annually, a description of the type of services used, the amount paid for the services purchased, and the amount of unspent funds.


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(b) The commissioner, in cooperation with county representatives, waiver service providers, recipients, recipients' families, legal guardians, and advocacy groups, shall develop criteria for:

(1) eligibility to receive funding directly;

(2) determination of the amount of funds made available to each eligible person based on need; and

(3) the accountability required of persons directly receiving funds.

(c) If this waiver is approved and implemented, any unspent money from the waiver services allocation, including the five percent not directly allocated to recipients and any unspent portion of the money that is directly allocated, shall be used to meet the needs of other eligible persons waiting for services funded through the waiver. Any portion of the allocation remaining unspent at the end of a fiscal year shall not cancel but shall be carried forward to the next fiscal year for this purpose.

(d) The commissioner, in consultation with county social services agencies, waiver services providers, recipients, recipients' families, legal guardians, and advocacy groups shall evaluate the effectiveness of this option within two years of its implementation.

Subd. 7. [ANNUAL REPORT BY COMMISSIONER.] Beginning October 1, 1999, and each October 1 thereafter, the commissioner shall issue an annual report on county and state use of available resources for the home and community-based waiver for persons with mental retardation or related conditions. For each county or county partnership, the report shall include:

(1) the amount of funds allocated but not used;

(2) the county specific reserve amount approved and used;

(3) the number, ages and living situations of individuals screened and waiting for services;

(4) the urgency of need for services to begin within one, two, or more than two years for each individual;

(5) the services needed;

(6) the number of additional persons served by approval of increased capacity within existing allocations;

(7) results of action by the commissioner to streamline administrative requirements and improve county resource management; and

(8) additional action that would decrease the number of those eligible and waiting for waivered services.

The commissioner shall specify intended outcomes for the program and the degree to which these specified outcomes are attained.

(e) Subd. 8. [FINANCIAL INFORMATION BY COUNTY.] The commissioner shall make available to interested parties, upon request, financial information by county including the amount of resources allocated for the home and community-based waiver for persons with mental retardation and related conditions, the resources committed, the number of persons screened and waiting for services, the type of services requested by those waiting, and the amount of allocated resources not committed.

Sec. 2. [REPORT ON ALTERNATIVE RESOURCE ALLOCATION METHODS.]

The commissioner of human services shall consider and evaluate administrative methods other than the current resource allocation system for the home and community-based waiver for persons with mental retardation and related conditions. In developing the alternatives, the commissioner shall consult with county commissioners from large


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and small counties, county agencies, consumers, advocates, and providers. The commissioner shall report to the chairs of the senate health and family security budget division and house health and human services finance committee by February 1, 2000.

Sec. 3. [APPROPRIATION.]

(a) $....... is appropriated from the general fund to the commissioner of human services for the biennium beginning July 1, 1999, for increased home and community-based waiver services for persons with mental retardation or a related condition.

(b) $2,000,000 is appropriated from the general fund to the commissioner of human services for each year of the biennium beginning July 1, 1999, for semi-independent living services under Minnesota Statutes, section 252.275.

(c) $3,000,000 is appropriated from the general fund to the commissioner of human services for each year of the biennium beginning July 1, 1999, for family support grants under Minnesota Statutes, section 252.32.

(d) $....... is appropriated from the general fund to the commissioner of human services for the biennium beginning July 1, 1999, to reimburse county administrative costs under Minnesota Statutes, section 256B.0916, subdivision 2.

(e) $250,000 is appropriated from the general fund to the commissioner of human services for the biennium beginning July 1, 1999, for technical assistance to counties to improve county management of the waiver services program and to assist counties in forming joint partnerships.

(f) Any unspent portion of the appropriations in this section for fiscal year 2000 does not cancel but shall be available for the same purpose for fiscal year 2001.

(g) The appropriations in this section shall become part of the base-level funding for the commissioner of human services.

Sec. 4. [REPEALER.]

Laws 1997, chapter 203, article 7, section 27, is repealed."

Delete the title and insert:

"A bill for an act relating to human services; requiring a reduction in the waiting list for home and community-based waivered services for persons with mental retardation and related conditions; allowing counties to form partnerships to deliver waivered services; appropriating money for increased home and community-based waiver services; amending Minnesota Statutes 1998, section 256B.0916; repealing Laws 1997, chapter 203, article 7, section 27."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Knoblach from the Committee on Capital Investment to which was referred:

H. F. No. 438, A bill for an act relating to capital investment; amending a grant to the McLeod West school district No. 2887; amending Laws 1998, chapter 404, section 5, subdivision 11.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.


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Smith from the Committee on Civil Law to which was referred:

H. F. No. 448, A bill for an act relating to civil actions; establishing a two-year statute of limitations applicable to actions for intrusion upon seclusion, appropriation, and publication of private facts; amending Minnesota Statutes 1998, section 541.07.

Reported the same back with the following amendments:

Page 1, line 11, before "Except" insert "(a)"

Page 2, after line 32, insert:

"(b) An action for intrusion upon seclusion, appropriation, or publication of private facts accrues when the plaintiff discovers or reasonably should have discovered the intrusion upon seclusion, appropriation, or publication of private facts."

With the recommendation that when so amended the bill pass.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 525, A bill for an act relating to Anoka county; providing for city administration of the dangerous dog registration system.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Stanek from the Committee on Crime Prevention to which was referred:

H. F. No. 536, A bill for an act relating to controlled substances; delaying the effective date for classifying Carisoprodol as a schedule IV controlled substance; amending Laws 1997, chapter 239, article 4, section 15, as amended.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 571, A bill for an act relating to highways; requiring documents relating to contracts for trunk highways to express measurements in English system of measurement only; prohibiting commissioner of transportation from requiring any measurement system other than the English system in documents relating to contracts for county state-aid highways and municipal state-aid streets; proposing coding for new law in Minnesota Statutes, chapters 161; and 162.

Reported the same back with the following amendments:

Page 1, line 16, delete "offered for bid" and insert "initiated"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Transportation Finance.

The report was adopted.


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Lindner from the Committee on Jobs and Economic Development Policy to which was referred:

H. F. No. 584, A bill for an act relating to taxation; providing a low-income housing tax credit; proposing coding for new law in Minnesota Statutes, chapter 290.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Knoblach from the Committee on Capital Investment to which was referred:

H. F. No. 585, A bill for an act relating to capital investment; amending a match requirement for the Isle Community Center grant; amending Laws 1998, chapter 404, section 5, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 10, strike "10,800,000" and insert "10,500,000"

Page 2, line 34, strike "1,000,000" and insert "700,000"

Page 2, strike line 42

Page 2, line 43, strike "facilities,"

Page 2, line 47, delete everything after "sources" and insert a period

Page 2, delete line 48

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "reducing an appropriation; making a conforming change; excluding an authorization for certain kitchen facilities;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 710, A bill for an act relating to natural resources; permitting the hunting of farmed cervidae on licensed shooting preserves; amending Minnesota Statutes 1998, sections 17.451, subdivision 2; and 17.452, subdivisions 5 and 8; proposing coding for new law in Minnesota Statutes, chapter 17.

Reported the same back with the following amendments:

Page 2, line 14, after the headnote insert "The commissioner may license up to ten cervidae shooting preserves in the state."

Page 2, line 18, delete "hunted" and insert "harvested"


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Page 3, line 1, delete "hunted" and insert "harvested"

Page 3, line 3, after the period, insert "Only farmed cervidae from herds in the accredited program of the board of animal health may be transported to and released in a licensed cervidae shooting preserve."

Page 3, line 4, before "SIZE" insert "LOCATION;" and after the headnote insert "A shooting preserve must be separated from any farmed cervidae breeding pens or pastures by a minimum distance established by the commissioner."

Page 3, line 5, delete "at least 80" and insert "not less than 240 nor more than 960"

Page 3, line 30, delete "hunting" and insert "harvesting"

Page 3, line 35, delete "hunting" and insert "harvesting"

Page 4, line 5, delete "hunt" and insert "harvest"

Page 4, line 23, delete "hunters" and insert "patrons of the shooting preserve"

Page 4, line 24, delete "hunted" and insert "harvested"

Amend the title as follows:

Page 1, line 2, delete "hunting" and insert "harvesting"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Lindner from the Committee on Jobs and Economic Development Policy to which was referred:

H. F. No. 724, A bill for an act relating to economic security; increasing the statewide, hourly reimbursement rates for the extended employment program; appropriating money for the continuation of the welfare-to-work extended employment partnership program.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.

Stanek from the Committee on Crime Prevention to which was referred:

H. F. No. 735, A bill for an act relating to crime; expanding the scope of the crime of adulteration to include adulterations capable of causing death or bodily harm; increasing penalties for certain acts of adulteration; amending Minnesota Statutes 1998, section 609.687, subdivisions 2 and 3.

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

The report was adopted.


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Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 790, A bill for an act relating to motor vehicles; requiring release of a security interest in a vehicle to be acted on within five days; amending Minnesota Statutes 1998, section 168A.20.

Reported the same back with the following amendments:

Page 1, line 13, delete "five" and insert "seven"

Page 2, lines 7, 20, and 33, delete "five" and insert "seven"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce.

The report was adopted.

Davids from the Committee on Commerce to which was referred:

H. F. No. 837, A bill for an act relating to insurance; regulating insurers, agents, and coverages; modifying reporting requirements; regulating the rehabilitation and liquidation of insurers; modifying certain notice and disclosure provisions; modifying certain definitions; making technical changes; amending Minnesota Statutes 1998, sections 60A.02, by adding a subdivision; 60A.052, subdivision 2, and by adding a subdivision; 60A.06, subdivisions 1 and 2; 60A.092, subdivisions 6 and 11; 60A.10, subdivision 1; 60A.111, subdivision 1; 60A.13, subdivision 1; 60A.19, subdivision 1; 60B.04, by adding a subdivision; 60B.21, subdivision 2; 60B.25; 60B.26, subdivision 1; 60B.39, subdivision 2; 60B.44, subdivisions 4, 6, and by adding subdivisions; 60D.20, subdivision 2; 60K.02, subdivision 1; 60K.03, subdivisions 2 and 3; 60K.19, subdivisions 7 and 8; 61A.60, subdivision 1; 61B.19, subdivision 3; 62A.04, subdivision 3; 62A.135, subdivision 5; 62A.50, subdivision 3; 62A.61; 62A.65, subdivision 5; 62B.04, subdivision 2; 62E.02, subdivision 1; 62E.05, subdivision 1; 62E.09; 62E.13, subdivisions 6 and 8; 62E.14, subdivision 2; 62E.15, subdivision 2; 62L.02, subdivision 24; 62L.05, subdivision 5; 62L.14, subdivision 7; 62M.01, subdivision 2; 62M.02, subdivision 7, and by adding subdivisions; 62M.15; 62S.01, subdivision 14; 62S.05, subdivision 2; 65A.01, subdivisions 1, 3, and by adding a subdivision; 65A.27, subdivision 4; 65A.29, subdivision 4; 65B.02, subdivision 2; 65B.44, subdivision 1; 65B.48, subdivision 5; 72A.125, subdivision 3; 72A.20, subdivision 29; 72B.04, subdivision 10; 79A.01, subdivision 10, and by adding a subdivision; 79A.02, subdivisions 1 and 4; 79A.03, subdivisions 6, 7, 9, 10, and by adding a subdivision; 79A.21, subdivision 2; 79A.23, subdivisions 1 and 2; and 256B.0644; proposing coding for new law in Minnesota Statutes, chapter 60B; repealing Minnesota Statutes 1998, sections 60A.11, subdivision 24a; 60B.36; 60B.44, subdivision 3; 65A.29, subdivision 12; and 79A.04, subdivision 8; Minnesota Rules, part 2780.0500, item C.

Reported the same back with the following amendments:

Page 6, after line 35, insert:

"Sec. 6. Minnesota Statutes 1998, section 60A.075, is amended by adding a subdivision to read:

Subd. 18. [POSTCONVERSION ACQUISITION.] Prior to and for a period of five years following the date when the distribution of consideration to the eligible members in exchange for their membership interests is completed under a plan of conversion according to this section, no person other than the reorganized company shall directly or indirectly acquire or offer to acquire in any manner ownership or beneficial ownership of ten percent or more of any class of voting security of the reorganized company, or of any affiliate of the reorganized company which controls, directly or indirectly, a majority of the voting power of the reorganized company, without the prior approval of the commissioner. For the purposes of this subdivision, the terms "affiliate" and "person" have the meanings given in section 60D.15, and the term "reorganized company" includes any successor of the reorganized company."


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 562

Page 8, after line 6, insert:

"Payments by the reinsurer must be made directly to the ceding insurer or its receiver, except where the contract of insurance or reinsurance specifically provides for another payee for the reinsurance in the event of insolvency of the ceding insurer according to the applicable requirements of statutes, rules, or orders of the domiciliary state of the ceding insurer."

Page 10, after line 15, insert:

"Sec. 12. Minnesota Statutes 1998, section 60A.16, subdivision 2, is amended to read:

Subd. 2. [PROCEDURE TO BE FOLLOWED.] (1) [AGREEMENT PLAN OF MERGER.] The merger or consolidation of insurance corporations can be effected only as a result of a joint agreement entered into plan of merger adopted, approved, and filed as follows:

(a) The board of directors of each of such insurance corporations as desire to merge or consolidate may, by majority vote, enter into a joint agreement signed by such directors and prescribing A resolution containing the plan of merger shall be approved by the affirmative vote of a majority of the directors of the board of each constituent corporation. The plan of merger shall prescribe the terms and conditions of merger or consolidation, and the mode of carrying the same into effect, with such other details and provisions as are deemed necessary. In the case of merging or consolidating stock insurance corporations or stock and mutual insurance corporations, such joint agreement plan of merger may prescribe that stock of one or more of such corporations shall be converted, in whole or in part, into stock or other securities of a corporation which is not a merging or consolidating corporation or into cash.

(b) The agreement plan of merger, or a summary of the plan approved by the commissioner, shall be submitted to the respective shareholders or members, as the case may be, of each of the merging or consolidating insurance corporations constituent corporation, for consideration at a regular meeting or at a special meeting duly called for the purpose of considering and acting upon the agreement, and if plan. Written notice of the meeting, which shall state that the purpose of the meeting is to consider the proposed plan of merger, shall be given to each shareholder or member entitled to vote upon the plan of merger not less than 30 nor more 60 days before the meeting. The plan of merger must be approved by the affirmative vote of the holders of two-thirds of the voting power of the shareholders or members present or represented at the meeting of each such insurance constituent corporation shall vote for the adoption of the agreement, then that fact shall be certified on the agreement by the secretary of each insurance corporation, and the agreement so adopted and certified shall be signed and acknowledged by the president and secretary of each of said insurance corporations; provided, however, that in the case of a merger, except one whereby in which any shares of the surviving insurance corporation are to be converted into shares or other securities of another corporation or into cash, the agreement need not be submitted to the shareholders or members of that one of the insurance corporations into which it has been agreed the others shall be merged, but the agreement may be signed and acknowledged by the president and secretary of such insurance corporation at the direction of the board of directors. Upon receiving the approval of the shareholders or members of each constituent corporation, articles of merger shall be prepared that contain the plan of merger and a statement that the plan has been approved by each corporation under this section.

(c) The agreement so adopted, certified and acknowledged articles of merger shall be delivered to the commissioner of commerce, who, if the agreement plan of merger is reasonable and if the provisions thereof providing for any transfer of assets and assumption of liabilities are fair and equitable to the claimants and policyholders, shall place a certificate of approval on the agreement articles of merger and shall file the agreement articles in the commissioner's office, and a copy copies of the agreement articles, certified by the commissioner of commerce, shall be filed for record in the office of the secretary of state and in the offices of the county recorders of the counties in this state in which any of the corporate parties to the agreement have their home or principal offices, and of any counties in which any of the corporate parties have land, title to which will be transferred as a result of the merger or consolidation delivered to the surviving corporation or its legal representative.


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(2) [ARTICLES OF INCORPORATION OF NEW COMPANY.] (a) If the joint agreement plan of merger is for a consolidation into a new insurance corporation to be formed under any law or laws of this state, articles of incorporation for such new insurance corporation shall be prepared and delivered to the commissioner of commerce together with the agreement articles of merger as provided in clause (1) hereof.

(b) Such articles shall be prepared, executed, approved, filed and recorded in the form and manner prescribed in, or applicable to, the particular law or laws under which the new insurance corporation is to be formed.

(3) [ABANDONMENT.] A proposed merger or consolidation may be abandoned at any time prior to approval by the commissioner under the provision for abandonment, if any, set forth in the plan of merger.

(4) [MUTUAL INSURANCE HOLDING COMPANIES.] In the case of a merger of two mutual insurance holding companies under section 60A.077, subdivision 2, paragraph (c), the procedures set forth in this subdivision and subdivisions 1, 3, 4, and 6 shall apply, subject to the following:

(a) the plan of merger must be fair and reasonable to the members of each constituent corporation;

(b) no member of either constituent corporation on the effective date of the merger shall lose membership solely on account of the merger;

(c) membership and voting rights in each respective constituent corporation for purposes of the meeting of the members held to consider the plan of merger shall be determined in accordance with the articles and bylaws of that constituent corporation as of a record date established in the plan of merger; and

(d) the commissioner may require changes to the plan or require certain undertakings from the surviving corporation to assure compliance with this clause (4).

Sec. 13. Minnesota Statutes 1998, section 60A.16, subdivision 3, is amended to read:

Subd. 3. [CONSUMMATION OF MERGER.] (1) A merger of one or more insurance corporations into a domestic insurance corporation shall be effective when the joint agreement has articles of merger have been approved and filed in the office of the commissioner of commerce, or at a later date specified in the articles of merger.

(2) A consolidation of insurance corporations into a new domestic insurance corporation shall be effective when the joint agreement articles of merger and the new articles of incorporation have been approved and filed in the office of the commissioner of commerce, or at a later date specified in the plan of merger.

(3) A merger or consolidation of one or more domestic insurance corporations into a foreign insurance corporation shall be effective according to the provisions of law of the jurisdiction in which such the foreign insurance corporation was formed, but not until the joint agreement has been adopted, certified and acknowledged, and copies thereof approved and articles of merger have been filed in accordance with subdivision 2, clause (1).

Sec. 14. Minnesota Statutes 1998, section 60A.16, subdivision 4, is amended to read:

Subd. 4. [EFFECT OF MERGER OR CONSOLIDATION.] Upon the consummation of the merger or consolidation as provided in subdivision 3, the effect of such the merger or consolidation shall be:

(1) That the several corporate parties to the joint agreement plan of merger shall be one insurance corporation, which shall be

(a) in the case of a merger, that one of the constituent insurance corporations into which it has been agreed the others shall be merged and which shall survive the merger for that purpose, or

(b) in the case of a consolidation, the new insurance corporation into which it has been agreed the others shall be consolidated;


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(2) The separate existence of the constituent insurance corporations shall cease, except that of the surviving insurance corporation in the case of a merger;

(3) The surviving or new insurance corporation, as the case may be, shall possess all the rights, privileges and franchises possessed by each of the former insurance corporations so merged or consolidated except that such surviving or new corporation shall not thereby acquire authority to engage in any insurance business or exercise any right which an insurance corporation may not be formed under the laws of this state to engage in or exercise;

(4) All the property, real, personal and mixed, of each of the constituent insurance corporations, and all debts due on whatever account to any of them, including without limitation subscriptions for shares, premiums on existing policies, and other choses in action belonging to any of them, shall be taken and be deemed to be transferred to and invested in such surviving or new insurance corporation, as the case may be, without further act or deed;

(5) The surviving or new insurance corporation shall be responsible for all the liabilities and obligations of each of the insurance corporations merged or consolidated, in accordance with the terms of the agreement for merger or consolidation; but the rights of the creditors of the constituent insurance corporations, or of any persons dealing with such insurance corporations shall not be impaired by such merger or consolidation, and any claim existing or action or proceeding pending by or against any of the constituent insurance corporations may be prosecuted to judgment as if the merger or consolidation had not taken place, or the surviving or new insurance corporation may be proceeded against or substituted in its place."

Pages 11 to 14, delete sections 12 and 13 and insert:

"Sec. 16. Minnesota Statutes 1998, section 60A.32, is amended to read:

60A.32 [RATE FILING FOR CROP HAIL INSURANCE.]

An insurer issuing policies of insurance against crop damage by hail in this state shall file its insurance rates with the commissioner. The insurance rates must be filed before March 1 February 1 of the year in which a policy is issued."

Page 20, line 5, before the period, insert ", except as provided in subdivision 2"

Page 28, line 33, strike "At least 15"

Page 28, strike line 34

Page 28, line 35, strike everything before "Any"

Page 42, line 31, after "training" insert "and"

Page 42, line 36, delete "respective" and insert "representative" and delete "per" and insert "or"

Page 45, line 8, before "disability" insert "credit"

Page 45, line 24, after "policy" insert "or certificate"

Page 45, line 36, before "disability" insert "credit"

Page 49, after line 16, insert:

"(14) a health plan; or"


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Page 49, line 17, strike "(14)" and insert "(15)"

Page 49, lines 19 and 20, delete the new language

Page 49, after line 20, insert:

"Sec. 48. Minnesota Statutes 1998, section 62L.03, subdivision 5, is amended to read:

Subd. 5. [CANCELLATIONS AND FAILURES TO RENEW.] (a) No health carrier shall cancel, decline to issue, or fail to renew a health benefit plan as a result of the claim experience or health status of the persons covered or to be covered by the health benefit plan. For purposes of this subdivision, a failure to renew does not include a uniform modification of coverage at time of renewal, as described in subdivision 1.

(b) A health carrier may cancel or fail to renew a health benefit plan:

(1) for nonpayment of the required premium;

(2) for fraud or misrepresentation by the small employer with respect to eligibility for coverage or any other material fact;

(3) if the employer fails to comply with the minimum contribution percentage required under subdivision 3; or

(4) for any other reasons or grounds expressly permitted by the respective licensing laws and regulations governing a health carrier, including, but not limited to, service area restrictions imposed on health maintenance organizations under section 62D.03, subdivision 4, paragraph (m), to the extent that these grounds are not expressly inconsistent with this chapter.

(c) A health carrier may fail to renew a health benefit plan:

(1) if eligible employee participation during the preceding calendar year declines to less than 75 percent, subject to the waiver of coverage provision in subdivision 3;

(2) if the health carrier ceases to do business in the small employer market under section 62L.09; or

(3) if a failure to renew is based upon the health carrier's decision to discontinue the health benefit plan form previously issued to the small employer, but only if the health carrier permits each small employer covered under the prior form to switch to its choice of any other health benefit plan offered by the health carrier, without any underwriting restrictions that would not have been permitted for renewal purposes.

(d) A health carrier need not renew a health benefit plan, and shall not renew a small employer plan, if an employer ceases to qualify as a small employer as defined in section 62L.02. If a health benefit plan, other than a small employer plan, provides terms of renewal that do not exclude an employer that is no longer a small employer, the health benefit plan may be renewed according to its own terms. If a health carrier issues or renews a health plan to an employer that is no longer a small employer, without interruption of coverage, the health plan is subject to section 60A.082.

(e) A health carrier may cancel or fail to renew the coverage of an individual employee or dependent under a health benefit plan for fraud or misrepresentation by the eligible employee or dependent with respect to eligibility for coverage or any other material fact."

Pages 50 and 51, delete sections 47 to 51 and insert:

"Sec. 51. Minnesota Statutes 1998, section 62Q.185, is amended to read:


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62Q.185 [GUARANTEED RENEWABILITY; LARGE EMPLOYER GROUP HEALTH COVERAGE.]

(a) No health plan company, as defined in section 62Q.01, subdivision 4, shall refuse to renew a health benefit plan, as defined in section 62L.02, subdivision 15, but issued to a large employer, as defined in section 62Q.18, subdivision 1.

(b) This section does not require renewal if:

(1) the large employer has failed to pay premiums or contributions as required under the terms of the health benefit plan, or the health plan company has not received timely premium payments unless the late payments were received within a grace period provided under state law;

(2) the large employer has performed an act or practice that constitutes fraud or misrepresentation of material fact under the terms of the health benefit plan;

(3) the large employer has failed to comply with a material plan provision relating to employer contribution or group participation rules not prohibited by state law;

(4) the health plan company is ceasing to offer coverage in the large employer market in this state in compliance with United States Code, title 42, section 300gg-12(c), and applicable state law;

(5) in the case of a health maintenance organization, there is no longer any enrollee in the large employer's health benefit plan who lives, resides, or works in the approved service area; or

(6) in the case of a health benefit plan made available to large employers only through one or more bona fide associations, the membership of the large employer in the association ceases, but only if such coverage is terminated uniformly without regard to any health-related factor relating to any covered individual.

(c) This section does not prohibit a health plan company from modifying the premium rate or from modifying the coverage for purposes of renewal.

(d) This section does not require renewal of the coverage of individual enrollees under the health benefit plan if the individual enrollee has performed an act or practice that constitutes fraud or misrepresentation of material fact under the terms of the health benefit plan."

Pages 53 to 59, delete sections 55 and 56

Page 59, line 36, delete "homeowners' " and insert "homeowner's"

Page 60, line 1, delete "homeowners' " and insert "homeowner's"

Page 60, line 29, strike everything after "insurance"

Page 60, line 30, strike everything before the comma

Page 62, line 17, strike "services" and insert "service plan"

Page 65, line 33, after "submitting" insert ", at least 45 days before joining the group"

Page 66, line 1, delete everything after "accountant"

Page 66, line 2, delete "group"

Page 66, line 20, after "depository" insert a comma


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Page 76, delete section 78

Page 76, after line 26, insert:

"Sec. 77. [EFFECTIVE DATES.]

Section 6 is effective the day following final enactment. Sections 12 to 14 are effective the day following final enactment and apply to plans of merger approved on or after that date by the board of directors of the first of the constituent corporations to grant such approval. Merging or consolidating insurance corporations may, however, elect to have the changes made by sections 12 to 14 not apply to a merger or consolidation arising out of a joint agreement entered into prior to January 1, 2000."

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 10, after the first semicolon, insert "60A.075, by adding a subdivision;"

Page 1, line 12, after the first semicolon, insert "60A.16, subdivisions 2, 3, and 4;" and delete "60B.04, by" and insert "60A.32;"

Page 1, line 13, delete "adding a subdivision;"

Page 1, line 24, after the first semicolon, insert "62L.03, subdivision 5;"

Page 1, line 25, delete everything after the first semicolon and insert "62Q.185;"

Page 1, delete line 26

Page 1, delete line 28 and insert "subdivision 1;"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 182, 448, 525, 536, 735 and 837 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 73 was read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Bishop; Broecker; Murphy; Larsen, P., and Skoglund introduced:

H. F. No. 1149, A bill for an act relating to corrections; creating a conditional release board with the authority to order the conditional release of certain older state prison inmates who have served a significant portion of their sentence and whose release does not pose a danger to the public or any individual; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Davids, Wolf, Jennings, Osthoff and Larsen, P., introduced:

H. F. No. 1150, A bill for an act relating to commerce; regulating insurance for funeral or burial expenses; allowing funeral establishments to sell funeral insurance and receive commissions for these sales; amending Minnesota Statutes 1998, section 72A.325.

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

Howes, Kelliher, Hackbarth and Holsten introduced:

H. F. No. 1151, A bill for an act relating to the environment; making technical changes to the Waste Management Act; amending Minnesota Statutes 1998, sections 115A.15, subdivision 5; 115A.411, subdivision 1; 115A.52; and 115A.551, subdivision 2a; repealing Minnesota Rules, parts 9200.0100; 9200.0200; 9200.0300; 9200.0400; 9200.0500; 9200.0600; 9200.0700; 9200.0800; 9200.0900; 9200.1000; 9200.1100; 9200.1200; 9200.1300; 9200.1400; 9200.1500; 9200.1600; 9200.1700; 9200.1800; 9200.1900; 9200.2000; 9200.2100; 9200.2200; 9200.2210; 9200.2220; 9205.0600; 9205.0601; 9205.0602; 9205.0603; 9205.0604; 9205.0605; 9205.0606; 9205.0607; and 9205.0608.

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

Paymar, McGuire, Skoglund and Broecker introduced:

H. F. No. 1152, A bill for an act relating to crime; imposing criminal penalties for violating a condition of pretrial release; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Paymar and McGuire introduced:

H. F. No. 1153, A bill for an act relating to courts; requesting the supreme court to study and make recommendations regarding juror compensation.

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


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Goodno introduced:

H. F. No. 1154, A bill for an act relating to human services; changing provisions for the nursing home moratorium exceptions; appropriating money; amending Minnesota Statutes 1998, section 256B.431, subdivision 17.

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

Finseth introduced:

H. F. No. 1155, A bill for an act relating to natural resources; providing cost-share assistance to the city of Thief River Falls for dredging on the Red Lake river; appropriating money.

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

Rhodes, Gunther and Clark, K., introduced:

H. F. No. 1156, A bill for an act relating to housing; providing incentives for a voluntary inclusionary housing policy for the metropolitan area; defining an inclusionary housing policy; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Boudreau introduced:

H. F. No. 1157, A bill for an act relating to state lands; authorizing private sale and conveyance of certain tax-forfeited lands that border public water in LeSueur county.

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

Rifenberg and Mulder introduced:

H. F. No. 1158, A bill for an act relating to local government; partition fences; providing that a person who can establish a lack of need for a fence is exempt from sharing in the costs of building and maintaining the fence; amending Minnesota Statutes 1998, section 344.03.

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

Stanek; Dehler; Larson, D.; Bakk; Rostberg and Wolf introduced:

H. F. No. 1159, A bill for an act relating to corrections; guaranteeing correctional officers rights when a formal statement is taken as part of an investigation that could result in disciplinary action; proposing coding for new law in Minnesota Statutes, chapter 241.

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


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 570

Koskinen, Johnson, Tingelstad, Chaudhary, Gleason, McCollum, Carlson, Marko, Dorn, Opatz and Schumacher introduced:

H. F. No. 1160, A bill for an act relating to education funding; increasing equity in Minnesota's school finance system; increasing the general education formula allowance; appropriating money; amending Minnesota Statutes 1998, sections 126C.10, subdivisions 1, 2, and by adding a subdivision; and 127A.51.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Dempsey, Osthoff, Rifenberg, Pelowski and Molnau introduced:

H. F. No. 1161, A bill for an act relating to transportation; allowing port authorities to retain lease or management contract revenues from commercial navigation projects financed by the state; amending Minnesota Statutes 1998, section 457A.04, by adding a subdivision.

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

Jennings introduced:

H. F. No. 1162, A bill for an act relating to natural resources; appropriating money for fire and rescue operations support for Interstate park.

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

Workman, Davids, Holsten, Tomassoni and Tunheim introduced:

H. F. No. 1163, A bill for an act relating to commerce; regulating rental-purchase agreements; modifying the definitions of certain terms; providing for the calculation of the cash price of property; limiting charges for cost-of-lease services; amending Minnesota Statutes 1998, sections 325F.84, subdivision 3, and by adding a subdivision; 325F.85; 325F.86; and 325F.91, by adding subdivisions.

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

Erhardt, Kuisle, Fuller, Milbert and Haake introduced:

H. F. No. 1164, A bill for an act relating to property taxes; extending the education credit to seasonal recreational property; changing the name to general education credit; amending Minnesota Statutes 1998, sections 273.1382; and 275.08, subdivision 1e.

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

Buesgens, Workman, Swenson and Vandeveer introduced:

H. F. No. 1165, A bill for an act relating to traffic regulations; regulating low-speed vehicles; amending Minnesota Statutes 1998, section 169.045.

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


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 571

Chaudhary; Folliard; Greiling; Pugh; Gray; Skoe; Larson, D.; Schumacher and Johnson introduced:

H. F. No. 1166, A bill for an act relating to education; reducing class size; appropriating money; amending Minnesota Statutes 1998, section 126C.17, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 126C.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Lenczewski, Rest, Seagren, Opatz and Abrams introduced:

H. F. No. 1167, A bill for an act relating to tax increment financing; authorizing pooling to make up deficits caused by property tax changes enacted in 1997 and 1998; amending Minnesota Statutes 1998, section 469.1763, by adding a subdivision.

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

Gerlach, Kahn, Rhodes, Greiling and Seifert, M., introduced:

H. F. No. 1168, A bill for an act relating to elections; simplifying language on certificates of election; clarifying and simplifying the Minnesota Election Law; making technical and procedural changes; changing certain duties of election officials; listing additional violations; changing certain deadlines; providing for advisory opinions by the secretary of state; providing for submission of proposed chapter amendments; requiring adoption of certain rules; imposing criminal penalties; amending Minnesota Statutes 1998, sections 3.02; 200.031; 201.016, subdivision 1, and by adding a subdivision; 201.054, subdivision 2; 201.12, subdivision 2; 201.13, by adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.07, subdivision 2; 203B.08, subdivision 1; 203B.081; 203B.085; 203B.11, subdivisions 1, 2, and 4; 204B.08, subdivision 3; 204B.146, subdivision 2; 204B.21, subdivision 2; 204B.27, subdivision 8; 204C.10; 204C.24, subdivision 1; 204C.26, subdivision 1; 204C.40, subdivision 1; 204D.08, subdivisions 3 and 5; 204D.11, subdivision 4; 204D.13, subdivisions 2 and 3; 205.10, subdivisions 3 and 4; 205.16, subdivision 4; 205.185, subdivision 3; 205A.05, subdivision 1; 205A.07, subdivision 3; 205A.13; 206.86, subdivision 1; 208.04, subdivision 1; 351.055; 410.12, subdivision 1; 412.02, subdivision 2; and 447.32, subdivision 4; Laws 1997, chapter 173, section 6; proposing coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes 1998, sections 203B.08, subdivisions 1a and 3a; 203B.12, subdivision 5; 204D.14, subdivision 2; 204D.19, subdivision 5; and 365.10, subdivision 2.

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

Holberg, Osskopp, McElroy, Pawlenty and Wilkin introduced:

H. F. No. 1169, A bill for an act relating to crime; allowing courts to extend the time period for search warrants for financial records; amending Minnesota Statutes 1998, section 626.15.

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

Holberg, Osskopp, Gerlach, Broecker, McElroy, Pawlenty and Wilkin introduced:

H. F. No. 1170, A bill for an act relating to crime prevention; increasing the penalty for committing a domestic assault when a child is likely to or does see or hear the violation; amending Minnesota Statutes 1998, section 609.2242, subdivision 2.

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


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Holberg, Wilkin, Osskopp, Gerlach and McElroy introduced:

H. F. No. 1171, A bill for an act relating to crime victims; granting prosecutors discretion not to disclose a victim's or witness's date of birth; amending Minnesota Statutes 1998, section 611A.035.

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

Holberg, Osskopp and Pawlenty introduced:

H. F. No. 1172, A bill for an act relating to crime; including violation of a similar law from another state within the enhanced penalty provision of the harassment and anti-stalking law; amending Minnesota Statutes 1998, section 609.749, subdivision 4.

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

Pelowski and Rhodes introduced:

H. F. No. 1173, A bill for an act relating to labor relations; providing arbitration procedures for firefighters; amending Minnesota Statutes 1998, section 179A.16, subdivision 7.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Mulder and Huntley introduced:

H. F. No. 1174, A bill for an act relating to human services; providing funding to the board on aging for health insurance counseling and assistance grants; appropriating money.

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

Haas and Huntley introduced:

H. F. No. 1175, A bill for an act relating to financial institutions; regulating fees, charges, and time periods; authorizing certain part-time banking locations; making corrections and conforming changes; amending Minnesota Statutes 1998, sections 46.041, subdivisions 1 and 3; 46.048, subdivisions 1 and 2b; 46.131, subdivision 10; 47.0156; 47.101, subdivision 3; 47.27, subdivision 3; 47.52; 47.54, subdivisions 2 and 3; 47.60, subdivision 3; 48.15, subdivision 3; 48A.15, subdivision 1; 49.36, subdivision 1; 52.01; 53.03, subdivisions 1, 6, and 7; 55.04, subdivision 2; 56.02; 59A.03, subdivision 2; 168.67; 303.25, subdivision 5; 332.15, subdivisions 2 and 3; 332.17; and 332.30.

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

Greenfield, Wejcman and Goodno introduced:

H. F. No. 1176, A bill for an act relating to health; establishing a state board of physical therapy; requiring rulemaking; providing licensing requirements for physical therapists; amending Minnesota Statutes 1998, sections 144A.46, subdivision 2; 148.66; 148.67; 148.70; 148.705; 148.71; 148.72, subdivisions 1, 2, and 4; 148.73; 148.74; 148.75; 148.76; 148.78; and 214.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 148.

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


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Clark, K., introduced:

H. F. No. 1177, A bill for an act relating to human services; allowing postemployment training for certain MFIP participants; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256J.

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

McElroy; Storm; Clark, K.; Lindner and Seifert, J., introduced:

H. F. No. 1178, A bill for an act relating to landlords and tenants; regulating the taking of prelease deposits; providing for a civil penalty; proposing coding for new law in Minnesota Statutes, chapter 504.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Mares, Murphy, Smith and Wenzel introduced:

H. F. No. 1179, A bill for an act relating to retirement; teachers retirement association and first class city teacher retirement fund associations; authorizing the purchase of service credit for certain military service, out-of-state teaching service, and maternity leaves and maternity breaks-in-service; amending Minnesota Statutes 1998, section 356.55, subdivisions 1 and 6; proposing coding for new law in Minnesota Statutes, chapters 354; and 354A.

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

Mares, Murphy, Smith and Wenzel introduced:

H. F. No. 1180, A bill for an act relating to retirement; modifying the computation of the retirement annuity formula for certain hirees covered by the Minnesota state retirement system, the public employee retirement association, and the teachers retirement association; amending Minnesota Statutes 1998, sections 352.01, subdivision 25; 352.115, subdivision 3; 352.116, subdivisions 1 and 1a; 353.01, subdivision 37; 353.29, subdivision 3; 353.30, subdivisions 1, 1a, 1b, and 1c; 354.05, subdivision 38; and 354.44, subdivision 6.

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

Rest, Reuter and Goodno introduced:

H. F. No. 1181, A bill for an act relating to cities; providing for an alternative procedure for annexation; proposing coding for new law as Minnesota Statutes, chapter 414A.

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

Kuisle introduced:

H. F. No. 1182, A bill for an act relating to counties; authorizing county economic development authorities; proposing coding for new law in Minnesota Statutes, chapter 469.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.


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Seifert, J.; Wolf; Gunther and Smith introduced:

H. F. No. 1183, A bill for an act relating to state government; secretary of state; regulating service of process and certain notice requirements; regulating the names of certain business organizations; providing certain technical and conforming changes; amending Minnesota Statutes 1998, sections 5.23, subdivision 1; 5.25, subdivisions 3, 4, and 6; 281.23, subdivision 6; 323A.10-02; 333.01, subdivision 1; 333.19, subdivision 1; and 336.9-411.

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

Knoblach, Opatz, Schumacher, Dehler and Wenzel introduced:

H. F. No. 1184, A bill for an act relating to utilities; modifying provisions of the one call excavation notice system; amending Minnesota Statutes 1998, section 216D.06, subdivision 1.

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

Haake, Vandeveer and Hackbarth introduced:

H. F. No. 1185, A bill for an act relating to game and fish; requiring that ten percent of game refuge deer hunting permits be issued to the elderly and disabled; amending Minnesota Statutes 1998, section 97A.091, subdivision 2.

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

Greiling, Gray, Skoe, Kelliher, Biernat, Pugh, Schumacher, Koskinen and Johnson introduced:

H. F. No. 1186, A bill for an act relating to education; modifying special education revenue and excess cost revenue; increasing the pupil weighting for prekindergarten special education pupils; amending Minnesota Statutes 1998, sections 125A.76, subdivisions 1 and 4; 125A.79, subdivision 2, and by adding a subdivision; and 126C.05, subdivision 1.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Johnson, Chaudhary, Greiling, Gray and Schumacher introduced:

H. F. No. 1187, A bill for an act relating to education; increasing the general education basic formula allowance; restoring training and experience revenue; appropriating money; amending Minnesota Statutes 1998, sections 126C.10, subdivision 2; and 126C.11.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Gleason, Rest, Mahoney, Pugh, Chaudhary, Mullery, Marko, Carruthers and Clark, K., introduced:

H. F. No. 1188, A bill for an act relating to commerce; regulating certain real property loans; prohibiting prepayment penalties; requiring interest on escrow accounts; regulating private mortgage insurance; regulating lending practices; eliminating the net worth requirements for mortgage originators and servicers; amending Minnesota Statutes 1998, sections 47.20, subdivisions 5 and 9; and 58.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 47; repealing Minnesota Statutes 1998, sections 47.20, subdivision 14; and 58.07.

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


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Wejcman, Abeler, Greenfield, Mariani and Clark, K., introduced:

H. F. No. 1189, A bill for an act relating to human services; defining a mental health professional for the purpose of medical assistance coverage; amending Minnesota Statutes 1998, sections 148B.32, subdivision 1; and 256B.0625, by adding a subdivision.

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

Harder; Mulder; Winter; Seifert, M., and Clark, J., introduced:

H. F. No. 1190, A bill for an act relating to health; appropriating money for a care center in the city of Westbrook.

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

Larson, D.; Gray; Koskinen; Luther; McGuire; Johnson; Jennings and Otremba introduced:

H. F. No. 1191, A bill for an act relating to commerce; regulating certain real property loans; prohibiting prepayment penalties; requiring interest on escrow accounts; regulating private mortgage insurance; regulating lending practices; eliminating the net worth requirements for mortgage originators and servicers; amending Minnesota Statutes 1998, sections 47.20, subdivisions 5 and 9; and 58.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 47; repealing Minnesota Statutes 1998, sections 47.20, subdivision 14; and 58.07.

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

Erhardt, Jennings, Leighton, Daggett and Van Dellen introduced:

H. F. No. 1192, A bill for an act relating to taxation; repealing the payment and refund requirements relating to sales of exempt capital equipment; amending Minnesota Statutes 1998, sections 289A.56, subdivision 4; 297A.2572; and 297A.2573; repealing Minnesota Statutes 1998, section 297A.15, subdivision 5.

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

Nornes, Bradley, Abeler, Huntley and Koskinen introduced:

H. F. No. 1193, A bill for an act relating to human services; authorizing the commissioner of human services to process federal reimbursement claims for a private entity; amending Minnesota Statutes 1998, section 256.01, subdivision 2.

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

Wenzel and Erickson introduced:

H. F. No. 1194, A bill for an act relating to appropriations; appropriating money for the Garrison, Kathio, West Mille Lacs Lake Sanitary District.

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


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Van Dellen, Stanek, Skoglund, Olson and Smith introduced:

H. F. No. 1195, A bill for an act relating to landlords and tenants; modifying requirements for tenant screening reports in the second and fourth judicial districts; amending Minnesota Statutes 1998, section 504.30, subdivision 4.

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

Van Dellen, Workman, Holsten and Stanek introduced:

H. F. No. 1196, A bill for an act relating to traffic regulations; authorizing cities and towns in metropolitan area to prescribe speed limits on streets and highways under their jurisdiction; amending Minnesota Statutes 1998, section 169.14, by adding a subdivision.

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

Van Dellen introduced:

H. F. No. 1197, A bill for an act relating to taxation; extending the credit for increasing research activities to noncorporate taxpayers; amending Minnesota Statutes 1998, section 290.068, subdivisions 1, 3, and 4.

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

Hackbarth introduced:

H. F. No. 1198, A bill for an act relating to state lands; authorizing private sale of certain surplus state land in Anoka County.

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

Cassell, Entenza, Mares, Carlson and Ness introduced:

H. F. No. 1199, A bill for an act relating to education; providing for technical amendments in kindergarten through grade 12 provisions; amending Minnesota Statutes 1998, sections 13.46, subdivision 2; 120B.05; 122A.61, subdivision 1; 123A.05, subdivision 2; 123B.53, subdivisions 4 and 5; 123B.57, subdivision 4; 123B.64, subdivision 3; 124D.135, subdivision 3; 124D.20, subdivision 5; 124D.22, subdivision 3; 124D.68, subdivision 9; 124D.69, subdivision 1; 125A.50, subdivisions 2 and 5; 125A.75, subdivision 8; 125A.76, subdivision 5; 125A.79, subdivision 1; 126C.05, subdivision 3; 126C.10, subdivisions 10, 14, 19, and 21; 126C.12, subdivision 4; 126C.15, subdivisions 1 and 2; 126C.17, subdivision 6; 126C.22, subdivision 2; 126C.40, subdivision 4; 126C.42, subdivisions 1 and 2; 126C.63, subdivisions 5 and 8; 126C.69, subdivisions 2 and 9; 127A.44, subdivision 2; 127A.47, subdivision 7; and 127A.49, subdivisions 2 and 3; Laws 1997, First Special Session chapter 4, article 1, section 61, subdivisions 1, 2, 3, as amended, and 4; and article 2, section 51, subdivision 29, as amended; repealing Minnesota Statutes 1998, sections 124D.67; 126C.05, subdivision 4; and 126C.06.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Harder and Swenson introduced:

H. F. No. 1200, A bill for an act relating to agriculture; appropriating money for the state agricultural experiment stations.

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


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Ness and Swenson introduced:

H. F. No. 1201, A bill for an act relating to agriculture; expanding the definition of family farm partnership; amending Minnesota Statutes 1998, section 500.24, subdivision 2.

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

Ness and Harder introduced:

H. F. No. 1202, A bill for an act relating to education; providing funding for the Minnesota foundation for student organizations; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Kubly and Ness introduced:

H. F. No. 1203, A bill for an act relating to agriculture; appropriating money for the farm safety and health program of the University of Minnesota extension service.

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

Rostberg introduced:

H. F. No. 1204, A bill for an act relating to agriculture; appropriating money for county agriculture inspection.

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

McGuire introduced:

H. F. No. 1205, A bill for an act relating to government data practices; clarifying electronic access to data; modifying notice requirements for students and employees; changing deadlines for providing data; requiring government entities to report the acquisition of surveillance devices; amending Minnesota Statutes 1998, sections 13.03, subdivision 3; 13.04, subdivisions 2 and 3; 13.05, by adding a subdivision; and 15.17, subdivisions 1 and 2.

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

McGuire introduced:

H. F. No. 1206, A bill for an act relating to government data practices; requiring publication of public access procedures; requiring privatization contracts to include data practices compliance requirements; providing for the preparation of model policies; requiring the director of the historical society to assist in the records management program; funding the information policy training program; appropriating money; amending Minnesota Statutes 1998, sections 13.03, subdivision 2; 13.05, by adding a subdivision; 13.073, by adding a subdivision; and 138.17, subdivisions 7 and 8.

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


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Dorman, Erickson, Mares, Greiling and Schumacher introduced:

H. F. No. 1207, A bill for an act relating to education; increasing the general education basic formula allowance; increasing the pupil unit weightings; expanding learning and development revenue; reducing class size; appropriating money; amending Minnesota Statutes 1998, sections 126C.05, subdivision 1; 126C.10, subdivision 2; and 126C.12, subdivisions 1, 2, 3, and 4.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Paulsen introduced:

H. F. No. 1208, A bill for an act relating to alcoholic beverages; providing for termination of agreements between brewer and wholesaler under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 325B.

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

Boudreau, Gray, Nornes, McGuire and Abeler introduced:

H. F. No. 1209, A bill for an act relating to children; providing grants for training for child care workers; creating an advisory committee; appropriating money.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Gleason, Dawkins, Leighton, Koskinen, Wejcman, Lenczewski and Huntley introduced:

H. F. No. 1210, A bill for an act relating to the property tax refund; increasing the percentage of rent constituting property taxes; amending Minnesota Statutes 1998, section 290A.03, subdivision 11.

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

Larsen, P., and Seifert, J., introduced:

H. F. No. 1211, A bill for an act relating to crime; providing that certain acts relating to dog and cat fur is a crime; imposing a criminal penalty; amending Minnesota Statutes 1998, section 325F.792, subdivision 1.

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

Gray, Rhodes, Entenza, Wagenius, Mahoney, Gleason and Chaudhary introduced:

H. F. No. 1212, A bill for an act relating to education; expanding the first-grade preparedness program; appropriating money; amending Minnesota Statutes 1998, section 124D.081, subdivisions 2, 4, 5, 6, and by adding subdivisions; repealing Minnesota Statutes 1998, section 124D.081, subdivisions 1, 3, 7, and 8.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.


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Rostberg introduced:

H. F. No. 1213, A bill for an act relating to education; providing for a grant to independent school district No. 911, Cambridge-Isanti; appropriating money.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Haas introduced:

H. F. No. 1214, A bill for an act relating to human services; providing an exception to the moratorium on nursing home beds; amending Minnesota Statutes 1998, section 144A.071, subdivision 4a.

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

Pelowski, Molnau, Kuisle, Kalis and Workman introduced:

H. F. No. 1215, A bill for an act relating to railroads; providing for minimum safety standards for southern rail corridor grade crossings; proposing coding for new law in Minnesota Statutes, chapter 219.

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

Abeler, Wejcman, Mulder and Otremba introduced:

H. F. No. 1216, A bill for an act relating to occupations and professions; modifying practical examination requirements for chiropractors licensed in other states; amending Minnesota Statutes 1998, section 148.06, subdivision 1.

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

Abeler and Koskinen introduced:

H. F. No. 1217, A bill for an act relating to retirement; combination of workers' compensation benefits and public pension plan disability benefits; exempting certain state employees from public pension plan disability benefit offset from workers' compensation benefits.

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

Buesgens; Anderson, B.; McCollum; Wilkin and Vandeveer introduced:

H. F. No. 1218, A bill for an act relating to taxation; individual income; allowing a subtraction for military pay; amending Minnesota Statutes 1998, section 290.01, subdivision 19b.

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


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Kahn, Leppik, Orfield, Bishop, Hausman and McGuire introduced:

H. F. No. 1219, A bill for an act relating to state government; requiring state agencies to take certain actions to promote bicycle commuting by state employees; 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 and Veterans Affairs Policy.

Dempsey, McGuire, Tomassoni, Mares and Ness introduced:

H. F. No. 1220, A bill for an act relating to education; providing for care and treatment aid; modifying placements; providing for a uniform billing system; providing for approval of education programs; appropriating money; amending Minnesota Statutes 1998, sections 125A.15; 125A.51; 125A.75, subdivision 3; 125A.79, by adding a subdivision; 241.021, subdivision 1; and 245A.04, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 124D; and 125A.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Finseth, Lieder, Tunheim and Westfall introduced:

H. F. No. 1221, A bill for an act relating to natural resources; appropriating money for the construction of ring dikes.

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

Leighton, Skoglund, Bishop, Smith and Orfield introduced:

H. F. No. 1222, A bill for an act relating to legislation; providing rules for the construction of laws and administrative rules; adopting the Uniform Statute and Rule Construction Act; amending Minnesota Statutes 1998, sections 41B.23; 116R.15; 219.755; 354.05, subdivision 40; 573.02, subdivision 4; 645.001; 645.08; and 645.34; proposing coding for new law in Minnesota Statutes, chapter 645; repealing Minnesota Statutes 1998, sections 645.14; 645.15; 645.151; 645.16; 645.17; 645.20; 645.21; 645.22; 645.26; 645.28; 645.31, subdivision 2; 645.35; 645.36; 645.37; 645.39; 645.44, subdivisions 15 and 16; and 645.48.

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

Tunheim, Wenzel, Kubly, Skoe and Lieder introduced:

H. F. No. 1223, A bill for an act relating to agriculture; providing disaster assistance payments for certain farmers; appropriating money.

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

Holberg, Molnau, Buesgens, Tuma and Larsen, P., introduced:

H. F. No. 1224, A bill for an act relating to local government; establishing the Cedar lake area water and sanitary sewer district.

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


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 581

Ozment introduced:

H. F. No. 1225, A bill for an act relating to local government; limiting annexation by ordinance; amending Minnesota Statutes 1998, section 414.033, subdivisions 2, 2b, 3, and 12; repealing Minnesota Statutes 1998, section 414.033, subdivision 11.

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

Ozment introduced:

H. F. No. 1226, A bill for an act relating to taxation; prohibiting the use of tax increment revenues for a social or recreational facility; amending Minnesota Statutes 1998, section 469.176, subdivision 4g.

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

Entenza, Ness, Leighton, Otremba and Juhnke introduced:

H. F. No. 1227, A bill for an act relating to education; establishing a school guidance counselor to student ratio; proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Greenfield, Rhodes, McCollum and Wagenius introduced:

H. F. No. 1228, A bill for an act relating to traffic regulation; allowing peace officer to issue seat belt citation after stop for violation of certain ordinances or vehicle registration laws; amending Minnesota Statutes 1998, section 169.686, subdivision 1.

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

Westerberg, Broecker, Goodno, Skoglund and Haake introduced:

H. F. No. 1229, A bill for an act relating to public safety; requiring all kidnappers to register as predatory offenders; amending Minnesota Statutes 1998, section 243.166, subdivision 1.

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

Chaudhary; Gleason; Koskinen; Larson, D.; Skoe; Johnson; Tomassoni; Wenzel; Pugh; Leighton; McCollum; Folliard; Mahoney; Kelliher; Luther; Greenfield; Gray; Hasskamp; Carruthers; Kubly; Juhnke; Opatz; Wejcman; Mullery; Mariani; Peterson; Jaros; Marko; Trimble; Schumacher; Otremba; Greiling; Wagenius; Huntley and Pelowski introduced:

H. F. No. 1230, A bill for an act relating to human services; expanding eligibility for the senior citizen drug program; amending Minnesota Statutes 1998, section 256.955, subdivision 2, and by adding a subdivision; Laws 1997, chapter 225, article 4, section 4; repealing Minnesota Statutes 1998, section 256.955, subdivision 9.

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


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Ness; Johnson; Harder; Luther; Stang; Seifert, M.; Erickson; Daggett; Tunheim; Solberg; Fuller; Winter; Skoe; Swenson; Kubly and Kalis introduced:

H. F. No. 1231, A bill for an act relating to education; modifying provisions related to telecommunications access grants; modifying the Minnesota education telecommunications council; appropriating money; amending Minnesota Statutes 1998, section 125B.20; Laws 1995, First Special Session chapter 3, article 12, section 7, as amended; Laws 1997, First Special Session chapter 4, article 9, section 13.

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

Hackbarth, Stanek, Smith, Molnau and Workman introduced:

H. F. No. 1232, A bill for an act relating to crimes; authorizing imposition of the death penalty for first degree murder under certain aggravating circumstances; providing a statutory framework, including procedures and criteria, consistent with due process for determining when the imposition of the death penalty is appropriate; providing for automatic appellate review of death penalty cases; providing for appointment of attorneys in death penalty cases; providing an administrative framework for implementing the death penalty; appropriating money; amending Minnesota Statutes 1998, sections 243.05, subdivision 1; 609.10, subdivision 1; 609.12, subdivision 1; 609.135, subdivision 1; and 609.185; proposing coding for new law as Minnesota Statutes, chapter 244A.

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

Peterson, Kalis, Trimble and Juhnke introduced:

H. F. No. 1233, A bill for an act relating to agriculture; providing service contractor investment protection; proposing coding for new law in Minnesota Statutes, chapter 17.

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

Solberg and Anderson, I., introduced:

H. F. No. 1234, A bill for an act relating to education; continuing a library project; appropriating money; amending Laws 1997, First Special Session chapter 4, article 8, section 4.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Swenson introduced:

H. F. No. 1235, A bill for an act relating to agriculture; exempting livestock production facilities from the ambient hydrogen sulfide standards on days manure is being removed from barns or manure storage facilities; amending Minnesota Statutes 1998, section 116.0713.

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

Kubly, Kelliher, Kalis, Peterson and Winter introduced:

H. F. No. 1236, A bill for an act relating to agriculture; providing for joint and several liability for permit violations of owners of animals in feedlots; proposing coding for new law in Minnesota Statutes, chapter 116.

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


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Kubly, Winter, Kalis, Peterson and Tuma introduced:

H. F. No. 1237, A bill for an act relating to agriculture; requiring financial assurance for feedlots; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Dehler, Otremba, Gunther, Kahn, Rostberg and Wenzel introduced:

H. F. No. 1238, A bill for an act relating to agriculture; classifying industrial hemp as an agricultural crop subject to regulation and registration by the commissioner of agriculture; requiring growers of industrial hemp to be registered by the commissioner; imposing a criminal penalty; proposing coding for new law in Minnesota Statutes, chapter 18.

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

McGuire introduced:

H. F. No. 1239, A bill for an act relating to data practices; establishing the office of public access to government data; requiring the director of the office to issue opinions on questions from state agencies, statewide systems, and political subdivisions relating to public access to government information; transferring duties from the commissioner of administration to the director; transferring the public information policy analysis division of the department of administration to the office of public access to government data; amending Minnesota Statutes 1998, section 13.072.

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

Kahn and Greenfield introduced:

H. F. No. 1240, A bill for an act relating to crime; repealing laws criminalizing sexual conduct between or involving consenting adults; making conforming changes to other laws; amending Minnesota Statutes 1998, sections 260.015, subdivision 21; 609.131, subdivision 2; 609.153, subdivision 1; 609.322, subdivision 1a; 609.3241; and 609.3242, subdivision 2; repealing Minnesota Statutes 1998, sections 609.293; 609.324, subdivisions 2, 3, and 4; 609.34; and 609.36.

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

Bishop, Bradley and Tuma introduced:

H. F. No. 1241, A bill for an act relating to higher education; appropriating money for course and degree offerings at the University Center Rochester.

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

Vandeveer; Westerberg; Fuller; Reuter; Mahoney; Storm; Anderson, B.; Tuma; Larsen, P.; Erickson and Holberg introduced:

H. F. No. 1242, A bill for an act relating to taxes; reducing the sales and use tax and motor vehicle excise tax rate; amending Minnesota Statutes 1998, section 297A.02, subdivision 1.

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


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Sykora and Rifenberg introduced:

H. F. No. 1243, A bill for an act relating to employment; lowering the special assessment rate for the workforce investment fund; modifying provisions governing the workforce investment fund; amending Minnesota Statutes 1998, sections 268.022, subdivisions 1 and 2; and 268.975, subdivision 9.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Dehler and Skoglund introduced:

H. F. No. 1244, A bill for an act relating to crimes; prohibiting consideration of past treatment for alcohol or controlled substance use for purposes of driver's license sanctions; providing a period of driver's license revocation for a person who violates a "no alcohol" condition of a driver's license; amending Minnesota Statutes 1998, sections 169.121, subdivision 4; 171.09; and 171.30, by adding subdivisions.

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

Peterson, Wenzel, Kubly, Kalis, Lieder, Tunheim, Pugh and Juhnke introduced:

H. F. No. 1245, A bill for an act relating to agriculture; prohibiting discrimination in prices in certain livestock transactions; requiring daily price notices and reports; providing for enforcement; imposing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 31B.

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

Solberg, Bradley and Anderson, I., introduced:

H. F. No. 1246, A bill for an act relating to human services; including MinnesotaCare in county-based purchasing; modifying provisions for county-based purchasing; amending Minnesota Statutes 1998, section 256B.692, subdivisions 1, 2, 3, 4, 5, and 6; repealing Minnesota Statutes 1998, section 256B.69, subdivision 5d.

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

Kubly; Clark, J., and Seifert, M., introduced:

H. F. No. 1247, A bill for an act relating to education; appropriating money for enhanced pairing combination aid.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Howes, Skoe, Fuller, McCollum and Hackbarth introduced:

H. F. No. 1248, A bill for an act relating to natural resources; modifying harmful exotic species provisions; amending Minnesota Statutes 1998, sections 84.027, subdivision 13; 84D.01, subdivision 2; 84D.02, subdivision 4; 84D.03, subdivision 1, and by adding a subdivision; 84D.09, subdivision 2; 84D.10; 84D.11, by adding a subdivision; and 84D.12, subdivisions 1 and 3; repealing Minnesota Statutes 1998, sections 84D.01, subdivision 10; and 84D.03, subdivision 2.

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


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Goodno, Opatz, Bishop and Rest introduced:

H. F. No. 1249, A bill for an act relating to local government; limiting development in unincorporated areas; proposing coding for new law in Minnesota Statutes, chapter 414.

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

Kahn, Dawkins and Jaros introduced:

H. F. No. 1250, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; changing the state and local election voting age from 18 to 16.

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

Rest introduced:

H. F. No. 1251, A bill for an act relating to retirement; public employees retirement association; authorizing the purchase of prior service credit for certain employees of independent school district No. 281, Robbinsdale; mandating partial employer payment of the purchase amount.

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

Murphy, Rukavina and Huntley introduced:

H. F. No. 1252, A bill for an act relating to natural resources; appropriating money for a snowmobile trail.

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

Harder and Gunther introduced:

H. F. No. 1253, A bill for an act relating to economic development; providing for a grant to the city of Bingham Lake for connection of its wastewater system to the city of Windom; appropriating money.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Ness, Mares, Biernat, Carlson, Entenza, Otremba, Cassell, Dehler, Olson, Dempsey, Stang, Storm, Erickson, Daggett, Tunheim, Tomassoni, Solberg, Fuller, Skoe, Swenson, Hilty and Harder introduced:

H. F. No. 1254, A bill for an act relating to education; amending secondary career and technical education funding; amending Minnesota Statutes 1998, section 124D.453, subdivisions 1, 3, 7, and by adding a subdivision; repealing Minnesota Statutes 1998, section 124D.453, subdivisions 4, 5, and 6.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.


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Skoglund and Stanek introduced:

H. F. No. 1255, A bill for an act relating to crime prevention; classifying Gamma Hydroxybutyrate as a controlled substance; amending Minnesota Statutes 1998, section 152.02, subdivision 3.

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

Clark, K.; Gray; Buesgens; Fuller; Dawkins; Mariani; Wejcman; Trimble; Gunther and Howes introduced:

H. F. No. 1256, A bill for an act relating to economic security; appropriating money for youth employment programs; modifying youth employment program provisions; amending Minnesota Statutes 1998, sections 268.361, subdivision 7; 268.362, subdivision 2; 268.363; and 268.365, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 268.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Rostberg, Jennings, Tingelstad, Otremba and Hackbarth introduced:

H. F. No. 1257, A bill for an act relating to taxation; providing an income tax credit for certain expenses related to tobacco-related illness; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Entenza and Smith introduced:

H. F. No. 1258, A bill for an act relating to family law; reviving the summary dissolution process; repealing Laws 1991, chapter 271, section 9, as amended.

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

McGuire, Skoglund, Goodno, Carruthers and Stanek introduced:

H. F. No. 1259, A bill for an act relating to crime prevention; expanding reporting requirements for health professionals concerning injuries resulting from alcohol- or controlled substance-related accidents; expanding civil and criminal immunity for reports by health professionals; amending Minnesota Statutes 1998, sections 626.52; and 626.55, subdivision 1; repealing Minnesota Statutes 1998, section 626.55, subdivision 2.

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

Tingelstad, Bradley, Kielkucki, Huntley and Jennings introduced:

H. F. No. 1260, A bill for an act relating to medical assistance reimbursement for special transportation services; amending Minnesota Statutes 1998, section 256B.0625, subdivision 17.

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


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Ness, Lindner, Nornes, Gunther and Kielkucki introduced:

H. F. No. 1261, A bill for an act relating to wages; requiring that the commissioner of labor and industry request information from local government units in determining prevailing wages; proposing coding for new law in Minnesota Statutes, chapter 177.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Ness and Nornes introduced:

H. F. No. 1262, A bill for an act relating to wages; requiring that prevailing wages be consistent with the comparable worth of occupations; amending Minnesota Statutes 1998, sections 177.42, subdivision 6; and 177.43, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 177.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Olson introduced:

H. F. No. 1263, A bill for an act relating to occupations and professions; requiring the board of electricity to adopt rules authorizing special licenses for sign contractors; proposing coding for new law in Minnesota Statutes, chapter 326.

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

Dawkins; Abrams; Orfield; Van Dellen; Clark, J.; Biernat; Leighton and Pugh introduced:

H. F. No. 1264, A bill for an act relating to protective proceedings; adopting the Uniform Guardianship and Protective Proceedings Act; proposing coding for new law as Minnesota Statutes, chapter 525A; repealing Minnesota Statutes 1998, sections 529.539; 525.54; 525.541; 525.542; 525.543; 525.544; 525.55; 525.5501; 525.551; 525.5515; 525.552; 525.56; 525.561; 525.562; 525.57; 525.58; 525.581; 525.582; 525.583; 525.59; 525.591; 525.60; 525.61; 525.615; 525.6155; 515.616; 525.6165; 525.617; 525.6175; 525.618; 525.6185; 525.619; 525.6192; 525.6194; 525.6195; 525.6196; 525.6197; 525.6198; and 525.6199.

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

Workman, Olson, Swenson, Kalis and Lieder introduced:

H. F. No. 1265, A bill for an act relating to traffic regulations; fixing speed limit in rural residential districts; amending Minnesota Statutes 1998, section 169.14, subdivision 2.

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

Mullery and Gunther introduced:

H. F. No. 1266, A bill for an act relating to employment; appropriating money for grants to encourage women to enter nontraditional careers.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.


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Pawlenty, Tunheim and Smith introduced:

H. F. No. 1267, A bill for an act relating to civil actions; clarifying the economic loss doctrine; providing for a comprehensive statute governing economic loss; proposing coding for new law in Minnesota Statutes, chapter 604; repealing Minnesota Statutes 1998, section 604.10.

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

Greiling, Dehler, Kielkucki, Ness and Kahn introduced:

H. F. No. 1268, A bill for an act relating to state government; regulating rulemaking by state agencies; making various technical and housekeeping changes; amending Minnesota Statutes 1998, sections 14.05, subdivision 3; 14.07, subdivision 2; 14.08; 14.101, subdivisions 1, 2, and by adding a subdivision; 14.131; 14.14, subdivision 1a; 14.15, subdivision 1; 14.16, subdivision 1; 14.19; 14.22, subdivision 1; 14.23; 14.25; 14.26, subdivisions 1 and 3; 14.365; 14.38, subdivision 2; 14.386; and 14.388.

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

Ness, Wenzel and Harder introduced:

H. F. No. 1269, A bill for an act relating to education; authorizing a planning grant to create an urban agricultural high school; appropriating money; amending Minnesota Statutes 1998, section 41D.02, subdivision 2.

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

Finseth and Wenzel introduced:

H. F. No. 1270, A bill for an act relating to education; authorizing a planning grant to create an urban agricultural high school; appropriating money; amending Minnesota Statutes 1998, section 41D.02, subdivision 2.

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

Westrom, Gunther, Lieder, Westfall, Bakk, Swenson and Wenzel introduced:

H. F. No. 1271, A bill for an act relating to commerce; regulating farm equipment suppliers; providing for warranty reimbursement; proposing coding for new law as Minnesota Statutes, chapter 80F.

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

Abrams, Rhodes and Solberg introduced:

H. F. No. 1272, A bill for an act relating to courts; providing for state funding of certain programs and personnel; providing for state funding of court administration costs in specified judicial districts; requesting further study; establishing collective bargaining provisions for court employees; imposing taxes; appropriating money; amending Minnesota Statutes 1998, sections 43A.02, subdivision 25; 43A.24, subdivision 2; 97A.065, subdivision 2; 179A.03, subdivisions 7, 14, 15, and by adding a subdivision; 179A.06, subdivision 2; 179A.10, subdivision 4; 179A.12, subdivision 4; 179A.22, subdivisions 2 and 3; 243.50; 253B.23, subdivisions 1 and 8; 257.69, subdivision 2; 260.251, subdivisions 2 and 5; 260.56; 273.1398, by adding a subdivision; 299D.03, subdivision 5; 357.021,


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 589

subdivision 1a; 466.01, subdivision 6; 480.181, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 485.018, subdivisions 2, 5, and 6; 485.03; 485.27; 487.02, subdivision 2; 487.10, subdivision 4; 487.32, subdivision 3; 487.33, subdivision 5; 518.165, subdivision 3; 546.13; 546.44, subdivision 3; 563.01, subdivisions 2, 9, and 10; 574.34, subdivision 1; and 611.33, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 179A; and 480; repealing Minnesota Statutes 1998, sections 357.021, subdivision 2a; and 563.01, subdivision 1.

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

Ozment introduced:

H. F. No. 1273, A bill for an act relating to eminent domain; providing that participation in certain tax programs will not reduce damage awards granted in an eminent domain proceeding; amending Minnesota Statutes 1998, section 117.085.

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

Daggett, Howes, Bakk, Boudreau and Ozment introduced:

H. F. No. 1274, A bill for an act relating to game and fish; providing for a provisional firearms safety certificate for certain persons with mental disabilities; allowing certain persons with mental disabilities to hunt with firearms when assisted; amending Minnesota Statutes 1998, section 97B.015, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B.

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

Cassell, Buesgens, Daggett, Bakk and Tunheim introduced:

H. F. No. 1275, A bill for an act relating to firearms; providing that permits to carry a firearm must be issued to responsible, competent adults; amending Minnesota Statutes 1998, section 624.714, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 1998, section 624.714, subdivisions 2, 3, 4, 5, 6, 7, 8, 10, and 12.

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

Ozment introduced:

H. F. No. 1276, A bill for an act relating to water; modifying board membership on watershed management organizations; amending Minnesota Statutes 1998, section 103B.227, subdivision 2.

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

Bishop, Ozment, Holsten and Anderson, I., introduced:

H. F. No. 1277, A bill for an act relating to the environment; modifying provisions relating to wastewater treatment; appropriating money; amending Minnesota Statutes 1998, sections 115.07; 116.16, subdivision 2; and 116.182, subdivision 4.

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


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Peterson, Finseth, Kubly and Ozment introduced:

H. F. No. 1278, A bill for an act relating to pollution permits; providing for a mediation process under certain circumstances; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 114C.

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

Peterson, Tuma, Trimble and Rhodes introduced:

H. F. No. 1279, A bill for an act relating to capital improvements; authorizing bonds and appropriating money to complete a recreational trail in the city of Montevideo.

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

Buesgens, Molnau and Kielkucki introduced:

H. F. No. 1280, A bill for an act relating to economic development; providing for a grant to the city of Jordan for a wastewater treatment facility; appropriating money.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Osskopp, Tomassoni, Milbert, Rhodes and Pugh introduced:

H. F. No. 1281, A bill for an act relating to gambling; allowing a class B licensee of a class A racetrack conducting horse racing to conduct card club activities; amending Minnesota Statutes 1998, sections 240.01, by adding subdivisions; 240.03; 240.15, subdivision 1; 240.23; 541.20; 541.21; and 609.761, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 240.

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

Jennings introduced:

H. F. No. 1282, A bill for an act relating to local government; authorizing municipalities to provide for contract bid specifications, design, and construction standards; amending Minnesota Statutes 1998, section 471.345, by adding a subdivision.

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

Osskopp introduced:

H. F. No. 1283, A bill for an act relating to disaster relief; authorizing the commissioner of public safety to make grants to provide the state match to obtain federal disaster relief funds; providing an open appropriation to fund these grants; specifying reporting requirements; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 12.

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


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Hilty introduced:

H. F. No. 1284, A bill for an act relating to water and sanitary sewer districts; authorizing the Banning Junction area water and sanitary sewer district.

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

Harder, Finseth, Molnau, Kuisle, Lieder and Daggett introduced:

H. F. No. 1285, A bill for an act relating to taxation; exempting agricultural aircraft from registration tax; amending Minnesota Statutes 1998, section 360.55, by adding a subdivision.

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

Kahn, Gray, Wagenius, Dempsey and Trimble introduced:

H. F. No. 1286, A bill for an act relating to municipal electric power; defining city within the meaning of the act; authorizing the Minneapolis park and recreation board to engage in the local distribution and sale of hydroelectric power to protect the natural, historical, ecological, and aesthetic value of the Mississippi river at the Falls of St. Anthony; amending Minnesota Statutes 1998, section 453.52, subdivision 3.

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

Dorn, Storm, Kalis, Swenson and Gunther introduced:

H. F. No. 1287, A bill for an act relating to regional planning; providing a grant to the city of Mankato for the Mankato area growth management and planning study; appropriating money.

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

Seifert, M.; Clark, J.; Mulder; Winter and Harder introduced:

H. F. No. 1288, A bill for an act relating to appropriations; appropriating money for a regional emergency response training center in Marshall.

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

Entenza, Stanek and Larsen, P., introduced:

H. F. No. 1289, A bill for an act relating to liquor; providing minimum mandatory civil penalties for sale of alcoholic beverages to persons under 21 years of age; increasing the criminal penalty for providing alcoholic beverages to underage persons under certain circumstances; providing for a minimum fine for purchase of alcoholic beverages by a person under 21 years of age; authorizing grants for liquor law compliance checks; appropriating money; amending Minnesota Statutes 1998, sections 340A.415; 340A.701, subdivision 1; and 340A.703; proposing coding for new law in Minnesota Statutes, chapter 299L.

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


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Larsen, P.; Workman; Rhodes; Larson, D., and Gleason introduced:

H. F. No. 1290, A bill for an act relating to public administration; dealing with the impact of expansion of the Minneapolis-St. Paul International Airport; authorizing the establishment of airport impact zones and tax increment financing districts in the cities of Bloomington, Minneapolis, and Richfield; creating an airport impact fund in the state treasury; authorizing certain related activities by the Metropolitan Council.

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

Swenson, Workman, Gunther and Clark, J., introduced:

H. F. No. 1291, A bill for an act relating to traffic regulations; redefining types of school buses to increase by two persons their maximum manufacturer's rated seating capacity; amending Minnesota Statutes 1998, section 169.01, subdivision 6.

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

McGuire, Mahoney, Abeler, Nornes, Sykora, Mulder, Chaudhary, Gray, Mariani, Bradley, Boudreau and Olson introduced:

H. F. No. 1292, A bill for an act relating to children; making technical and conforming changes to child care assistance administration statutes; amending Minnesota Statutes 1998, sections 119B.01, subdivisions 2, 10, 12a, 13, and 16; 119B.02, subdivision 1; 119B.03, subdivisions 1, 2, 3, 4, 6, and 9; 119B.04, subdivision 1; 119B.05, subdivision 1; 119B.06, subdivision 1; 119B.07; 119B.08, subdivision 3; 119B.09, subdivisions 1, 3, and 7; 119B.10, subdivision 1; 119B.11, subdivision 2a; 119B.13, subdivisions 1, 3, and 5; 119B.14; and 119B.15; repealing Minnesota Statutes 1998, sections 119B.01, subdivision 15; 119B.03, subdivision 7; and 119B.05, subdivisions 6 and 7.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Marko; Holsten; Larsen, P.; Seifert, J., and Vandeveer introduced:

H. F. No. 1293, A bill for an act relating to Washington county; delaying an expiration date on certain "droplist" legislation; amending Laws 1997, First Special Session chapter 3, section 27.

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

McElroy; Workman; Molnau; Lieder; Hausman; Jennings; Kalis; Kuisle; Larson, D.; Johnson; Haake; Juhnke; Rifenberg; Clark, J.; Swenson; Van Dellen; Opatz; Milbert and Daggett introduced:

H. F. No. 1294, A bill for an act relating to motor vehicles; allowing payment of prorated license fee following transfer of vehicle from dealer; amending Minnesota Statutes 1998, section 168.013, subdivisions 2 and 6.

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


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MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I have the honor to announce that the Senate has appointed a committee of five members of the Senate to act with a like committee on the part of the House of Representatives to escort the Honorable Jesse Ventura, Governor of the State of Minnesota, to the House Chamber on the occasion of the Joint Convention on Tuesday, March 2, 1999, at 12:00 noon.

Senators Kelly, R. C.; Anderson; Pappas; Wiger and Cohen have been appointed as members of such committee on the part of the Senate.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 50, 685, 690, 297 and 370.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 343, 464, 757, 407 and 9.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 50, A bill for an act relating to utilities; abolishing sunset provision repealing performance-based gas purchasing plans; repealing Minnesota Statutes 1998, section 216B.167, subdivisions 7 and 8.

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

S. F. No. 685, A bill for an act relating to telecommunications; deregulating coin-operated or public pay telephones under state law; authorizing the public utilities commission to assess administrative penalties for anticompetitive activities by telecommunication providers; amending Minnesota Statutes 1998, section 237.5799; proposing coding for new law in Minnesota Statutes, chapter 237.

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

S. F. No. 690, A resolution requesting a ban on the importation of certain steel products.

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


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S. F. No. 297, A bill for an act relating to education; modifying special education provisions; providing for rulemaking; amending Minnesota Statutes 1998, sections 125A.03; 125A.07; 125A.08; 125A.09, subdivision 1; 125A.21, subdivision 2; 125A.30; 125A.33; 125A.44; and 125A.52, subdivision 1; Laws 1998, chapter 398, article 2, section 53.

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

S. F. No. 370, A bill for an act relating to education; providing independent school district No. 622, North St. Paul-Maplewood-Oakdale, with alternative facilities bonding and levy program authority.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

S. F. No. 343, A bill for an act relating to real property; making changes in provisions about certificates of title and the Common Interest Ownership Act; making miscellaneous changes to alter real property provisions; amending Minnesota Statutes 1998, sections 40A.10, subdivisions 1 and 3; 40A.11, subdivision 4; 47.20, subdivision 2; 51A.02, subdivision 29; 60C.09, subdivision 1; 83.20, subdivisions 11 and 14; 103F.612, subdivisions 2 and 4; 103F.613, subdivision 3; 103I.235, subdivision 1; 238.22, subdivision 3; 273.124, subdivision 2; 297H.01, subdivision 8; 327C.095, subdivision 5; 357.18, subdivision 1; 359.02; 386.31; 389.09; 428A.11, subdivisions 4 and 6; 462C.02, subdivisions 4 and 5; 462C.05, subdivision 1; 473H.02, subdivision 6; 473H.05, subdivision 1; 473H.06, subdivisions 1 and 2; 473H.08, subdivision 4; 500.20, subdivision 2a; 505.08, subdivision 3; 507.421; 508.14; 508.24, subdivision 2; 508.25; 508.35; 508.36; 508.38; 508.40; 508.421, subdivision 2; 508.47, subdivision 4; 508.49; 508.51, subdivision 1; 508.52; 508.55; 508.56; 508.57; 508.58; 508.59; 508.61, subdivisions 2 and 3; 508.67; 508.68; 508.71, subdivisions 2, 4, 5, 6, and by adding a subdivision; 508.76; 508.82, subdivision 1; 508A.10; 508A.11, subdivision 3; 508A.22, subdivisions 2 and 3; 508A.25; 508A.35; 508A.38; 508A.40; 508A.421, subdivision 2; 508A.47, subdivision 4; 508A.49; 508A.51, subdivision 1; 508A.52; 508A.55; 508A.56; 508A.57; 508A.58; 508A.59; 508A.61, subdivisions 2 and 3; 508A.71, subdivisions 2, 3, 5, 6, and by adding a subdivision; 508A.72; 508A.76; 508A.82, subdivision 1; 508A.85, subdivisions 3 and 4; 515B.1-102; 515B.1-103; 515B.1-116; 515B.2-101; 515B.2-104; 515B.2-105; 515B.2-108; 515B.2-109; 515B.2-110; 515B.2-113; 515B.2-118; 515B.2-119; 515B.2-121; 515B.2-122; 515B.3-103; 515B.3-105; 515B.3-106; 515B.3-110; 515B.3-113; 515B.3-115; 515B.3-116; 515B.3-121; 515B.4-101; 515B.4-102; 515B.4-106; 515B.4-107; 515B.4-108; 515B.4-111; 515B.4-115; 524.2-201; 559.21, subdivision 2a; and 582.32, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 386; and 515B; repealing Minnesota Statutes 1998, sections 473H.02, subdivision 11; 473H.05, subdivision 3; 508.405; 508.421, subdivision 1; 508.44; 508.45; 508.51, subdivision 2; 508.835; 508A.421, subdivision 1; 508A.44; 508A.45; 508A.51, subdivision 2; and 508A.835.

The bill was read for the first time.

Seifert, J., moved that S. F. No. 343 and H. F. No. 382, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 464, A bill for an act relating to controlled substances; delaying the effective date for classifying Carisoprodol as a schedule IV controlled substance; amending Laws 1997, chapter 239, article 4, section 15, as amended.

The bill was read for the first time.

Broecker moved that S. F. No. 464 and H. F. No. 536, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.


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S. F. No. 757, A resolution memorializing Congress to enact legislation to prohibit federal recoupment of the state tobacco settlement recoveries.

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

S. F. No. 407, A bill for an act relating to capital investment; amending a grant to the McLeod West school district No. 2887; amending Laws 1998, chapter 404, section 5, subdivision 11.

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

S. F. No. 9, A bill for an act relating to civil service; providing for the abolition of a police civil service commission by a unanimous vote of the city council; amending Minnesota Statutes 1998, sections 419.16 and 419.17.

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

CONSENT CALENDAR

H. F. No. 302, A bill for an act relating to municipal contracting; authorizing ambulance services to participate in shared service purchasing; amending Minnesota Statutes 1998, section 471.345, subdivision 10.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holsten Luther Pawlenty Swenson
Abrams Dorn Howes Mahoney Paymar Sykora
Anderson, B. Entenza Huntley Mares Pelowski Tingelstad
Anderson, I. Erhardt Jaros Mariani Peterson Tomassoni
Bakk Erickson Jennings Marko Pugh Trimble
Biernat Finseth Johnson McCollum Rest Tuma
Bishop Folliard Juhnke McElroy Reuter Tunheim
Boudreau Fuller Kahn McGuire Rhodes Vandeveer
Bradley Gerlach Kalis Milbert Rifenberg Wagenius
Broecker Gleason Kelliher Molnau Rostberg Wejcman
Buesgens Goodno Kielkucki Mulder Rukavina Wenzel
Carlson Gray Knoblach Mullery Schumacher Westerberg
Carruthers Greenfield Koskinen Ness Seagren Westfall
Cassell Greiling Kubly Nornes Seifert, J. Westrom
Chaudhary Gunther Kuisle Olson Seifert, M. Wilkin
Clark, J. Haake Larsen, P. Opatz Skoe Winter
Clark, K. Haas Larson, D. Orfield Skoglund Wolf
Daggett Hackbarth Leighton Osskopp Smith Workman
Davids Harder Lenczewski Osthoff Solberg Spk. Sviggum
Dawkins Hasskamp Leppik Otremba Stanek
Dehler Hausman Lieder Ozment Stang
Dempsey Hilty Lindner Paulsen Storm

The bill was passed and its title agreed to.


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 596

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately following the remaining bills on the Calendar for the Day, for Monday, March 1, 1999:

H. F. Nos. 745, 475 and 49; S. F. No. 424; H. F. Nos. 346 and 379; and S. F. No. 301.

CALENDAR FOR THE DAY

S. F. No. 121, A bill for an act relating to health; repealing the requirement that licensees of health-related boards receive continuing education in infection control; repealing Minnesota Statutes 1998, section 214.12, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lieder Ozment Stang
Abrams Dorn Holsten Lindner Paulsen Storm
Anderson, B. Entenza Howes Luther Pawlenty Swenson
Anderson, I. Erhardt Huntley Mahoney Paymar Sykora
Bakk Erickson Jaros Mares Pelowski Tingelstad
Biernat Finseth Jennings Mariani Peterson Tomassoni
Bishop Folliard Johnson Marko Pugh Trimble
Boudreau Fuller Juhnke McCollum Rest Tuma
Bradley Gerlach Kahn McElroy Reuter Tunheim
Broecker Gleason Kalis McGuire Rhodes Van Dellen
Buesgens Goodno Kelliher Milbert Rifenberg Vandeveer
Carlson Gray Kielkucki Molnau Rostberg Wagenius
Carruthers Greenfield Knoblach Mulder Rukavina Wejcman
Cassell Greiling Koskinen Mullery Schumacher Wenzel
Chaudhary Gunther Krinkie Ness Seagren Westerberg
Clark, J. Haake Kubly Nornes Seifert, J. Westfall
Clark, K. Haas Kuisle Olson Seifert, M. Westrom
Daggett Hackbarth Larsen, P. Opatz Skoe Wilkin
Davids Harder Larson, D. Orfield Skoglund Winter
Dawkins Hasskamp Leighton Osskopp Smith Wolf
Dehler Hausman Lenczewski Osthoff Solberg Workman
Dempsey Hilty Leppik Otremba Stanek Spk. Sviggum

The bill was passed and its title agreed to.

H. F. No. 216, A bill for an act relating to corrections; clarifying the law authorizing transfer of prisoners between jails and workhouses; amending Minnesota Statutes 1998, section 643.01.

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


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 597

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lindner Paymar Tingelstad
Abrams Entenza Howes Luther Pelowski Tomassoni
Anderson, B. Erhardt Huntley Mahoney Peterson Trimble
Anderson, I. Erickson Jaros Mares Pugh Tuma
Bakk Finseth Jennings Mariani Rest Tunheim
Biernat Folliard Johnson Marko Reuter Van Dellen
Bishop Fuller Juhnke McCollum Rhodes Vandeveer
Bradley Gerlach Kahn McElroy Rifenberg Wagenius
Broecker Gleason Kalis McGuire Rostberg Wejcman
Buesgens Goodno Kelliher Molnau Schumacher Wenzel
Carlson Gray Kielkucki Mulder Seagren Westerberg
Carruthers Greenfield Knoblach Mullery Seifert, J. Westfall
Cassell Greiling Koskinen Ness Seifert, M. Westrom
Chaudhary Gunther Krinkie Nornes Skoe Wilkin
Clark, J. Haake Kubly Olson Skoglund Winter
Clark, K. Haas Kuisle Opatz Smith Wolf
Daggett Hackbarth Larsen, P. Orfield Solberg Workman
Davids Harder Larson, D. Osskopp Stanek Spk. Sviggum
Dawkins Hasskamp Leighton Otremba Stang
Dehler Hausman Lenczewski Ozment Storm
Dempsey Hilty Leppik Paulsen Swenson
Dorman Holberg Lieder Pawlenty Sykora

The bill was passed and its title agreed to.

H. F. No. 9 was reported to the House.

Rukavina and Marko moved to amend H. F. No. 9, the first engrossment, as follows:

Page 1, line 7, delete "LOBBYIST"

Page 1, line 8, delete "RESTRICTION" and insert "RESTRICTIONS"

Page 1, line 9, before "For" insert "Subdivision 1. [LOBBYING.]"

Page 1, after line 12, insert:

"Subd. 2. [PRACTICE OF LAW.] For the period of one year after leaving office, a member of the legislature who is licensed to practice law in the state of Minnesota may not practice in the state of Minnesota."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 598

The question was taken on the Rukavina and Marko amendment and the roll was called. There were 19 yeas and 109 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Hasskamp Krinkie Osskopp Trimble Wejcman
Bakk Hilty Lieder Otremba Tunheim
Chaudhary Jaros Mahoney Rukavina
Greenfield Jennings Marko Tomassoni

Those who voted in the negative were:

Abeler Dorn Howes Mares Pelowski Sykora
Abrams Entenza Huntley Mariani Peterson Tingelstad
Anderson, B. Erhardt Johnson McCollum Pugh Tuma
Biernat Erickson Juhnke McElroy Rest Van Dellen
Bishop Finseth Kahn McGuire Reuter Vandeveer
Boudreau Folliard Kalis Milbert Rhodes Wagenius
Bradley Fuller Kelliher Molnau Rifenberg Wenzel
Broecker Gerlach Kielkucki Mulder Rostberg Westerberg
Buesgens Goodno Knoblach Mullery Schumacher Westfall
Carlson Gray Koskinen Ness Seagren Westrom
Cassell Greiling Kubly Nornes Seifert, J. Wilkin
Clark, J. Gunther Kuisle Olson Seifert, M. Winter
Clark, K. Haake Larsen, P. Opatz Skoe Workman
Daggett Haas Larson, D. Orfield Skoglund Spk. Sviggum
Davids Hackbarth Leighton Osthoff Smith
Dawkins Harder Lenczewski Ozment Stanek
Dehler Hausman Leppik Paulsen Stang
Dempsey Holberg Lindner Pawlenty Storm
Dorman Holsten Luther Paymar Swenson

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

Rukavina moved to amend H. F. No. 9, the first engrossment, as follows:

Page 1, line 7, strike "FORMER" and after "LEGISLATOR" insert "OR APPOINTEE OF EXECUTIVE BRANCH" and delete "LOBBYIST"

Page 1, line 8, delete "RESTRICTION" and insert "RESTRICTIONS"

Page 1, line 9, before "For" insert "Subdivision 1. [LOBBYIST.]"

Page 1, line 10, after "legislature" insert "or an appointee of the executive branch"

Page 1, after line 12, insert:

"Subd. 2. [JUDGE.] A member of the legislature may not accept an appointment as a judge in the state of Minnesota while in office or for a period of one year after leaving office.


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 599

Subd. 3. [EXECUTIVE BRANCH APPOINTEE.] A member of the legislature may not accept an appointment to the executive branch in the state of Minnesota while in office or for a period of one year after leaving office."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Rukavina amendment and the roll was called. There were 45 yeas and 86 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Hasskamp Kalis Marko Osthoff Trimble
Anderson, I. Hilty Krinkie McCollum Otremba Tunheim
Bakk Holsten Kubly Milbert Peterson Vandeveer
Chaudhary Howes Larson, D. Mulder Rukavina Wejcman
Clark, K. Huntley Lenczewski Mullery Schumacher Winter
Entenza Jennings Lieder Olson Skoe
Folliard Johnson Mahoney Orfield Solberg
Gray Juhnke Mariani Osskopp Tomassoni

Those who voted in the negative were:

Abeler Dehler Haas Luther Reuter Tuma
Abrams Dempsey Hackbarth Mares Rhodes Van Dellen
Biernat Dorman Harder McElroy Rifenberg Wagenius
Bishop Dorn Hausman McGuire Rostberg Wenzel
Boudreau Erhardt Holberg Molnau Seagren Westerberg
Bradley Erickson Kahn Ness Seifert, J. Westfall
Broecker Finseth Kelliher Nornes Seifert, M. Westrom
Buesgens Fuller Kielkucki Opatz Skoglund Wilkin
Carlson Gerlach Knoblach Ozment Smith Wolf
Carruthers Gleason Koskinen Paulsen Stanek Workman
Cassell Goodno Kuisle Pawlenty Stang Spk. Sviggum
Clark, J. Greenfield Larsen, P. Paymar Storm
Daggett Greiling Leighton Pelowski Swenson
Davids Gunther Leppik Pugh Sykora
Dawkins Haake Lindner Rest Tingelstad

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

H. F. No. 9, A bill for an act relating to the legislature; prohibiting former legislators from lobbying the legislature for one year after leaving office; proposing coding for new law in Minnesota Statutes, chapter 10A.

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


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 600

The question was taken on the passage of the bill and the roll was called. There were 101 yeas and 30 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holsten Luther Ozment Storm
Abrams Entenza Howes Mahoney Paulsen Swenson
Anderson, B. Erickson Jennings Mares Pawlenty Sykora
Biernat Finseth Juhnke Marko Pelowski Tingelstad
Bishop Folliard Kalis McElroy Peterson Trimble
Boudreau Fuller Kelliher McGuire Rest Tuma
Bradley Gerlach Kielkucki Milbert Rhodes Tunheim
Broecker Gleason Knoblach Molnau Rifenberg Vandeveer
Buesgens Goodno Koskinen Mulder Rostberg Wagenius
Carlson Greiling Krinkie Ness Schumacher Wenzel
Cassell Gunther Kubly Nornes Seagren Westerberg
Chaudhary Haake Kuisle Olson Seifert, J. Westfall
Clark, J. Haas Larsen, P. Opatz Seifert, M. Westrom
Daggett Hackbarth Leighton Orfield Skoe Wilkin
Davids Harder Lenczewski Osskopp Smith Workman
Dehler Hasskamp Leppik Osthoff Stanek Spk. Sviggum
Dempsey Holberg Lindner Otremba Stang

Those who voted in the negative were:

Anderson, I. Erhardt Huntley Lieder Pugh Tomassoni
Bakk Gray Jaros Mariani Reuter Van Dellen
Clark, K. Greenfield Johnson McCollum Rukavina Wejcman
Dawkins Hausman Kahn Mullery Skoglund Winter
Dorn Hilty Larson, D. Paymar Solberg Wolf

The bill was passed and its title agreed to.

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

H. F. No. 296, A bill for an act relating to traffic regulations; expanding disability parking privilege to certain pregnant women; amending Minnesota Statutes 1998, section 169.345, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Luther Pelowski Tingelstad
Abrams Entenza Howes Mahoney Peterson Tomassoni
Anderson, I. Erhardt Huntley Mares Pugh Trimble
Bakk Erickson Jaros Mariani Rest Tuma
Biernat Finseth Jennings Marko Reuter Tunheim
Bishop Folliard Johnson McCollum Rhodes Van Dellen
Boudreau Fuller Juhnke McElroy Rifenberg Vandeveer
Bradley Gerlach Kahn McGuire Rostberg Wagenius
Broecker Gleason Kalis Milbert Rukavina Wejcman
Buesgens Goodno Kelliher Molnau Schumacher Wenzel
Carlson Gray Kielkucki Mulder Seagren Westerberg
Carruthers Greenfield Knoblach Ness Seifert, J. Westfall
Cassell Greiling Koskinen Nornes Seifert, M. Westrom
Chaudhary Gunther Kubly Olson Skoe Wilkin

Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 601
Clark, J. Haake Kuisle Opatz Skoglund Winter
Clark, K. Haas Larsen, P. Orfield Smith Wolf
Daggett Hackbarth Larson, D. Osskopp Solberg Spk. Sviggum
Davids Harder Leighton Otremba Stanek
Dawkins Hasskamp Lenczewski Ozment Stang
Dehler Hausman Leppik Paulsen Storm
Dempsey Hilty Lieder Pawlenty Swenson
Dorman Holberg Lindner Paymar Sykora

The bill was passed and its title agreed to.

S. F. No. 174 was reported to the House.

POINT OF ORDER

Carruthers raised a point of order pursuant to section 124 of "Mason's Manual of Legislative Procedure" relating to Personalities Not Permitted in Debate. The Speaker ruled the point of order well taken.

Bishop moved that S. F. No. 174 be continued on the Calendar for the Day. The motion prevailed.

S. F. No. 255 was reported to the House.

Paymar moved to amend S. F. No. 255 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 193, the first engrossment:

"Section 1. Minnesota Statutes 1998, section 609.78, is amended to read:

609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.]

Subdivision 1. [MISDEMEANOR OFFENSES.] Whoever does the following is guilty of a misdemeanor:

(1) refuses to relinquish immediately a coin-operated telephone or a telephone line consisting of two or more stations when informed that the line is needed to make an emergency call for medical or ambulance service or for assistance from a police or fire department or for other service needed in an emergency to avoid serious harm to person or property, and an emergency exists;

(2) secures a relinquishment of a coin-operated telephone or a telephone line consisting of two or more stations by falsely stating that the line is needed for an emergency;


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 602

(3) publishes telephone directories to be used for telephones or telephone lines and the directories do not contain a copy of this section;

(4) makes an emergency a call for emergency medical or ambulance service, knowing that no medical emergency exists; or

(5) interrupts, disrupts, impedes, or otherwise interferes with the transmission of a citizen's band radio channel communication the purpose of which is to inform or inquire about a medical emergency or an emergency in which property is or is reasonably believed to be in imminent danger of damage or destruction.

Subd. 2. [INTERFERENCE WITH A 911 AN EMERGENCY CALL; GROSS MISDEMEANOR OFFENSE.] A person who intentionally interrupts, disrupts, impedes, or otherwise interferes with a 911 an emergency call or who intentionally prevents or hinders another from placing a 911 an emergency call, and whose conduct does not result in a violation of section 609.498, is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Subd. 3. [DEFINITION.] For purposes of this section, "emergency call" means:

(1) a 911 call;

(2) any call for emergency medical or ambulance service; or

(3) any call for assistance from a police or fire department or for other assistance needed in an emergency to avoid serious harm to person or property,

and an emergency exists.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment and applies to crimes committed on or after that date."

The motion prevailed and the amendment was adopted.

S. F. No. 255, A bill for an act relating to crime; providing that interference with an emergency call is a crime; amending Minnesota Statutes 1998, section 609.78.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lindner Paulsen Storm
Abrams Dorn Holsten Luther Pawlenty Swenson
Anderson, B. Entenza Howes Mahoney Paymar Sykora
Anderson, I. Erhardt Huntley Mares Pelowski Tingelstad
Bakk Erickson Jaros Mariani Peterson Tomassoni
Biernat Finseth Jennings Marko Pugh Trimble
Bishop Folliard Johnson McCollum Rest Tuma
Boudreau Fuller Juhnke McElroy Reuter Tunheim
Bradley Gerlach Kahn McGuire Rhodes Van Dellen
Broecker Gleason Kalis Milbert Rifenberg Vandeveer

Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 603
Buesgens Goodno Kelliher Molnau Rostberg Wagenius
Carlson Gray Knoblach Mulder Rukavina Wejcman
Carruthers Greenfield Koskinen Mullery Schumacher Wenzel
Cassell Greiling Krinkie Ness Seagren Westerberg
Chaudhary Gunther Kubly Nornes Seifert, J. Westfall
Clark, J. Haake Kuisle Olson Seifert, M. Westrom
Clark, K. Haas Larsen, P. Opatz Skoe Wilkin
Daggett Hackbarth Larson, D. Orfield Skoglund Winter
Davids Harder Leighton Osskopp Smith Wolf
Dawkins Hasskamp Lenczewski Osthoff Solberg Spk. Sviggum
Dehler Hausman Leppik Otremba Stanek
Dempsey Hilty Lieder Ozment Stang

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

H. F. No. 745, A bill for an act relating to traffic regulations; clarifying placement of televisions in motor vehicles; amending Minnesota Statutes 1998, section 169.471, subdivision 1.

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 130 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lieder Ozment Storm
Abrams Dorn Holsten Lindner Paulsen Swenson
Anderson, B. Entenza Howes Luther Pawlenty Sykora
Anderson, I. Erhardt Huntley Mahoney Paymar Tingelstad
Bakk Erickson Jaros Mares Pelowski Tomassoni
Biernat Finseth Jennings Mariani Peterson Trimble
Bishop Folliard Johnson Marko Pugh Tuma
Boudreau Fuller Juhnke McCollum Rest Tunheim
Bradley Gerlach Kahn McElroy Rhodes Van Dellen
Broecker Gleason Kalis McGuire Rifenberg Vandeveer
Buesgens Goodno Kelliher Milbert Rostberg Wagenius
Carlson Gray Kielkucki Molnau Rukavina Wejcman
Carruthers Greenfield Knoblach Mulder Schumacher Wenzel
Cassell Greiling Koskinen Mullery Seagren Westerberg
Chaudhary Gunther Krinkie Ness Seifert, J. Westfall
Clark, J. Haake Kubly Nornes Seifert, M. Westrom
Clark, K. Haas Kuisle Olson Skoe Wilkin
Daggett Hackbarth Larsen, P. Opatz Skoglund Winter
Davids Harder Larson, D. Orfield Smith Wolf
Dawkins Hasskamp Leighton Osskopp Solberg Spk. Sviggum
Dehler Hausman Lenczewski Osthoff Stanek
Dempsey Hilty Leppik Otremba Stang

Those who voted in the negative were:

Reuter

The bill was passed and its title agreed to.


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 604

H. F. No. 475, A bill for an act relating to local government; providing for reimbursement to officers and employees for costs and legal fees to defend criminal charges in certain cases; amending Minnesota Statutes 1998, section 465.76.

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 124 yeas and 5 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Hilty Leppik Paymar Swenson
Abrams Dorman Holberg Lieder Pelowski Sykora
Anderson, B. Dorn Holsten Lindner Peterson Tingelstad
Anderson, I. Entenza Howes Luther Pugh Tomassoni
Bakk Erhardt Huntley Mares Rest Trimble
Biernat Erickson Jaros Mariani Reuter Tuma
Bishop Finseth Jennings McCollum Rhodes Tunheim
Boudreau Folliard Johnson McElroy Rifenberg Van Dellen
Bradley Fuller Juhnke McGuire Rostberg Vandeveer
Broecker Gerlach Kahn Molnau Rukavina Wagenius
Buesgens Gleason Kalis Mulder Schumacher Wejcman
Carlson Goodno Kelliher Mullery Seagren Wenzel
Carruthers Gray Kielkucki Nornes Seifert, J. Westerberg
Cassell Greenfield Knoblach Olson Seifert, M. Westfall
Chaudhary Gunther Koskinen Opatz Skoe Westrom
Clark, J. Haake Kubly Orfield Skoglund Wilkin
Clark, K. Haas Kuisle Osskopp Smith Winter
Daggett Hackbarth Larsen, P. Otremba Solberg Wolf
Davids Harder Larson, D. Ozment Stanek Spk. Sviggum
Dawkins Hasskamp Leighton Paulsen Stang
Dehler Hausman Lenczewski Pawlenty Storm

Those who voted in the negative were:

Greiling Krinkie Marko Milbert Osthoff

The bill was passed and its title agreed to.

H. F. No. 49, A bill for an act relating to public employees; making certain changes relating to health coverage for survivors of police officers and firefighters killed in the line of duty; amending Minnesota Statutes 1998, section 299A.465, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lindner Pawlenty Swenson
Abrams Dorn Holsten Luther Paymar Sykora
Anderson, B. Entenza Howes Mahoney Pelowski Tingelstad
Anderson, I. Erhardt Huntley Mares Peterson Tomassoni
Bakk Erickson Jaros Mariani Pugh Trimble
Biernat Finseth Jennings Marko Rest Tuma
Bishop Folliard Johnson McCollum Reuter Tunheim
Boudreau Fuller Juhnke McGuire Rhodes Van Dellen
Bradley Gerlach Kalis Milbert Rifenberg Vandeveer
Broecker Gleason Kelliher Molnau Rostberg Wagenius
Buesgens Goodno Kielkucki Mulder Rukavina Wejcman
Carlson Gray Knoblach Mullery Schumacher Wenzel
Carruthers Greenfield Koskinen Ness Seagren Westerberg
Cassell Greiling Krinkie Nornes Seifert, J. Westfall
Chaudhary Gunther Kubly Olson Seifert, M. Westrom
Clark, J. Haake Kuisle Opatz Skoe Wilkin
Clark, K. Haas Larsen, P. Orfield Skoglund Winter
Daggett Hackbarth Larson, D. Osskopp Smith Wolf

Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 605
Davids Harder Leighton Osthoff Solberg Spk. Sviggum
Dawkins Hasskamp Lenczewski Otremba Stanek
Dehler Hausman Leppik Ozment Stang
Dempsey Hilty Lieder Paulsen Storm

The bill was passed and its title agreed to.

S. F. No. 424 was reported to the House and given its third reading.

POINT OF ORDER

Kahn raised a point of order pursuant to rule 4.13 relating to Bills Affecting State Government Powers and Structure. The Speaker ruled the point of order not well taken.

S. F. No. 424, A bill for an act relating to agriculture; authorizing the commissioner of agriculture to allow the distribution of nonregistered pesticides for certain uses outside the state; amending Minnesota Statutes 1998, section 18B.26, subdivision 1.

The bill was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 82 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holsten Mares Reuter Sykora
Abrams Dorn Howes McElroy Rhodes Tingelstad
Anderson, B. Erhardt Juhnke Molnau Rifenberg Tuma
Bishop Erickson Kalis Mulder Rostberg Tunheim

Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 606
Boudreau Finseth Kielkucki Ness Schumacher Van Dellen
Bradley Fuller Knoblach Nornes Seagren Wenzel
Broecker Gerlach Krinkie Olson Seifert, J. Westfall
Buesgens Goodno Kubly Opatz Seifert, M. Westrom
Cassell Gunther Kuisle Osskopp Skoe Wilkin
Clark, J. Haake Larsen, P. Ozment Smith Winter
Daggett Haas Leighton Paulsen Stanek Wolf
Davids Hackbarth Leppik Pawlenty Stang Spk. Sviggum
Dehler Harder Lieder Peterson Storm
Dempsey Holberg Lindner Rest Swenson

Those who voted in the negative were:

Anderson, I. Folliard Jaros Mahoney Otremba Vandeveer
Bakk Gleason Jennings Mariani Paymar Wagenius
Biernat Gray Johnson Marko Pelowski Wejcman
Carlson Greenfield Kahn McCollum Pugh Westerberg
Carruthers Greiling Kelliher McGuire Rukavina
Chaudhary Hasskamp Koskinen Milbert Skoglund
Clark, K. Hausman Larson, D. Mullery Solberg
Dawkins Hilty Lenczewski Orfield Tomassoni
Entenza Huntley Luther Osthoff Trimble

The bill was passed and its title agreed to.

Pawlenty moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Holberg moved that her name be stricken as an author on H. F. No. 338. The motion prevailed.

Stang moved that his name be stricken as an author on H. F. No. 608. The motion prevailed.

Larsen, P., moved that her name be stricken and the name of Clark, K., be added as chief author on H. F. No. 714. The motion prevailed.

Kielkucki moved that the name of Harder be added as an author on H. F. No. 825. The motion prevailed.

Anderson, B., moved that the name of Abeler be added as an author on H. F. No. 832. The motion prevailed.

Harder moved that the name of Clark, J., be added as an author on H. F. No. 838. The motion prevailed.

Rhodes moved that the name of Kahn be added as an author on H. F. No. 861. The motion prevailed.

Hackbarth moved that the name of Clark, J., be added as an author on H. F. No. 867. The motion prevailed.

Mulder moved that the name of Abeler be added as an author on H. F. No. 880. The motion prevailed.

Van Dellen moved that the names of Clark, J., and Abeler be added as authors on H. F. No. 889. The motion prevailed.

Rest moved that the name of Koskinen be added as an author on H. F. No. 900. The motion prevailed.


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 607

Huntley moved that his name be shown as third author and the name of Munger be added as chief author on H. F. No. 901. The motion prevailed.

Stanek moved that the name of Clark, K., be added as an author on H. F. No. 913. The motion prevailed.

Seifert, J., moved that the name of Abeler be added as an author on H. F. No. 923. The motion prevailed.

Holberg moved that the names of Olson, Sykora and Tingelstad be added as authors on H. F. No. 933. The motion prevailed.

Olson moved that the name of Abeler be added as an author on H. F. No. 935. The motion prevailed.

Clark, K., moved that the name of Wejcman be added as an author on H. F. No. 936. The motion prevailed.

Mariani moved that the names of Wejcman and Koskinen be added as authors on H. F. No. 942. The motion prevailed.

Mariani moved that the names of Wejcman and Clark, K., be added as authors on H. F. No. 944. The motion prevailed.

Abeler moved that the name of Dehler be added as an author on H. F. No. 949. The motion prevailed.

Goodno moved that the name of Koskinen be added as an author on H. F. No. 959. The motion prevailed.

Seifert, M., moved that the name of Koskinen be added as an author on H. F. No. 967. The motion prevailed.

Tunheim moved that the name of Luther be added as an author on H. F. No. 977. The motion prevailed.

Harder moved that the name of Clark, J., be added as an author on H. F. No. 978. The motion prevailed.

Pugh moved that the name of Luther be added as an author on H. F. No. 980. The motion prevailed.

Nornes moved that the name of Harder be added as an author on H. F. No. 998. The motion prevailed.

Entenza moved that the name of Pugh be added as an author on H. F. No. 999. The motion prevailed.

Wenzel moved that his name be stricken as an author on H. F. No. 1001. The motion prevailed.

Goodno moved that the name of Rest be added as an author on H. F. No. 1004. The motion prevailed.

Lindner moved that the name of Anderson, B., be added as an author on H. F. No. 1007. The motion prevailed.

Abrams moved that the name of Rest be added as an author on H. F. No. 1012. The motion prevailed.

Knoblach moved that the name of Rifenberg be added as an author on H. F. No. 1020. The motion prevailed.

Stang moved that the name of Larsen, P., be added as an author on H. F. No. 1045. The motion prevailed.

Molnau moved that the name of Rifenberg be added as an author on H. F. No. 1052. The motion prevailed.

Skoglund moved that the names of Wagenius, Otremba, Kelliher, Rhodes and Pugh be added as authors on H. F. No. 1081. The motion prevailed.

Reuter moved that the names of Kuisle; Westrom; Clark, J., and Krinkie be added as authors on H. F. No. 1086. The motion prevailed.


Journal of the House - 21st Day - Monday, March 1, 1999 - Top of Page 608

Harder moved that the name of Clark, J., be added as an author on H. F. No. 1087. The motion prevailed.

Rifenberg moved that the name of Harder be added as an author on H. F. No. 1089. The motion prevailed.

Westrom moved that the name of Tunheim be added as an author on H. F. No. 1091. The motion prevailed.

Pelowski moved that his name be stricken as an author on H. F. No. 1107. The motion prevailed.

Seagren moved that the name of Luther be added as an author on H. F. No. 1117. The motion prevailed.

Stanek moved that the name of Clark, K., be added as an author on H. F. No. 1118. The motion prevailed.

Smith moved that the names of Luther, Carruthers, Pawlenty, Pugh, Stanek, Broecker, Rest, Ozment, Ness, Van Dellen, Hackbarth and Winter be added as authors on H. F. No. 1124. The motion prevailed.

Molnau moved that H. F. No. 361 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

Rhodes moved that H. F. No. 966 be recalled from the Committee on Family and Early Childhood Education Finance and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.

Sykora moved that H. F. No. 1100 be recalled from the Committee on Jobs and Economic Development Policy and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.

Bishop moved that H. F. No. 1241 be recalled from the Committee on Education Policy and be re-referred to the Committee on Higher Education Finance. The motion prevailed.

Anderson, B., moved that H. F. No. 196 be returned to its author. The motion prevailed.

Kalis moved that H. F. No. 758 be returned to its author. The motion prevailed.

Greenfield, Bishop, Wejcman, Seagren and Entenza introduced:

House Resolution No. 4, A house resolution recognizing a day of remembrance for Japanese internees.

The resolution was referred to the Committee on Rules and Legislative Administration.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 11:30 a.m., Tuesday, March 2, 1999. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:30 a.m., Tuesday, March 2, 1999.

Edward A. Burdick, Chief Clerk, House of Representatives