STATE OF MINNESOTA Journal of the House SEVENTY-EIGHTH SESSION 1994 __________________ NINETY-SIXTH DAY Saint Paul, Minnesota, Friday, April 22, 1994 The House of Representatives convened at 10:00 a.m. and was called to order by Irv Anderson, Speaker of the House. Prayer was offered by Monsignor James D. Habiger, House Chaplain. The roll was called and the following members were present: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. A quorum was present. Jennings was excused until 11:30 a.m. The Chief Clerk proceeded to read the Journal of the preceding day. Winter moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed. REPORTS OF CHIEF CLERK S. F. No. 1961 and H. F. No. 2985, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. SUSPENSION OF RULES Wejcman moved that the rules be so far suspended that S. F. No. 1961 be substituted for H. F. No. 2985 and that the House File be indefinitely postponed. The motion prevailed. S. F. No. 2429 and H. F. No. 2825, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. SUSPENSION OF RULES Milbert moved that the rules be so far suspended that S. F. No. 2429 be substituted for H. F. No. 2825 and that the House File be indefinitely postponed. The motion prevailed. S. F. No. 2498 and H. F. No. 2698, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. SUSPENSION OF RULES Reding moved that the rules be so far suspended that S. F. No. 2498 be substituted for H. F. No. 2698 and that the House File be indefinitely postponed. The motion prevailed. REPORTS OF STANDING COMMITTEES Carruthers from the Committee on Rules and Legislative Administration to which was referred: H. F. No. 3227, A bill for an act proposing an amendment to the Minnesota Constitution, article X, section 8; authorizing off-track betting on horse racing; requiring a report to the legislature. Reported the same back with the recommendation that the bill pass. The report was adopted. Carruthers from the Committee on Rules and Legislative Administration to which was referred: S. F. No. 103, A bill for an act relating to lawful gambling; regulating the conduct of lawful gambling; prescribing the powers and duties of licensees and the board; giving the gambling control board director cease and desist authority for violations of board rules; adding restrictions for bingo halls, distributors, and manufacturers; providing more flexibility in denying a license application to ensure the integrity of the lawful gambling industry; strengthening the gambling control board's enforcement ability by increasing licensing requirements; establishing the combined receipts tax as a lawful purpose expenditure; expanding definition of lawful purpose to include certain senior citizen activities, certain real estate taxes and assessments, and wildlife management projects; prohibiting the use of lawful purpose contributions by local governmental units in pension or retirement funds; exempting organizations with gross receipts of $50,000 or less from the annual audit; expanding the definition of a class C license; making class C licensee reporting requirements quarterly; modifying the definition of allowable expense to include some advertising costs; eliminating additional compensation for the state lottery director; clarifying and strengthening the regulation of the conduct of bingo; prohibiting certain forms of gambling by persons under 18; modifying the definition of net profits for local assessments; prescribing penalties; amending Minnesota Statutes 1992, sections 240.13, subdivision 8; 240.25, by adding a subdivision; 240.26, subdivision 3; 299L.03, subdivisions 1 and 2; 299L.07, by adding a subdivision; 349.12, subdivisions 1, 3a, 4, 8, 11, 18, 19, 21, 23, 25, 30, 32, 34, and by adding a subdivision; 349.151, subdivision 4; 349.152, subdivisions 2 and 3; 349.153; 349.154, subdivision 2; 349.16, subdivisions 6 and 8; 349.161, subdivisions 1, 3, and 5; 349.162, subdivisions 1, 2, 4, and 5; 349.163, subdivisions 1, 1a, 3, 5, and 6; 349.164, subdivisions 1, 3, and 6; 349.1641; 349.166, subdivisions 1, 2, and 3; 349.167, subdivisions 1 and 4; 349.168, subdivisions 3 and 6; 349.169, subdivision 1; 349.17, subdivisions 2, 4, 5, and by adding a subdivision; 349.174; 349.18, subdivisions 1, 1a, and 2; 349.19, subdivisions 2, 5, 6, 8, and 9; 349.191, subdivisions 1, 4, and by adding a subdivision; 349.211, subdivisions 1 and 2; 349.2122; 349.2125, subdivisions 1 and 3; 349.2127, subdivisions 2, 4, and by adding a subdivision; 349.213, subdivision 1; 349A.03, subdivision 2; 349A.12, subdivisions 1, 2, 5, and 6; and 609.755; proposing coding for new law in Minnesota Statutes, chapters 471; and 609; repealing Minnesota Statutes 1992, sections 349A.03, subdivision 3; and 349A.08, subdivision 3. Reported the same back with the following amendments to the unofficial engrossment: Pages 28 and 29, delete sections 18, 19, and 20 Page 30, line 29, delete "21 to 24" and insert "18 to 21" Page 30, delete lines 30 and 31 Page 142, after line 25, insert: "Sec. 4. Minnesota Statutes 1992, section 349A.06, is amended by adding a subdivision to read: Subd. 1a. [SALES AT AIRPORT.] The metropolitan airports commission shall permit the sale of lottery tickets at the Minneapolis-St. Paul International Airport, and the director may sell lottery tickets or issue contracts to retailers for the sale of lottery tickets at the airport. Notwithstanding section 349.18, subdivision 1, lottery tickets may be sold at the airport on premises leased for the conduct of lawful gambling." Page 145, line 22, delete "1 to to 10" and insert "1 to 3 and 5 to 11" and after the period, insert "Section 4 is effective the day following final enactment." Renumber the sections in sequence and correct internal references Amend the title as follows: Page 1, line 6, delete everything after the semicolon Page 1, line 7, delete everything before "recodifying" Page 2, line 15, after the first semicolon, insert "349A.06, by adding a subdivision;" With the recommendation that when so amended the bill pass. The report was adopted. SECOND READING OF HOUSE BILLS H. F. No. 3227 was read for the second time. SECOND READING OF SENATE BILLS S. F. Nos. 1961, 2429, 2498 and 103 were read for the second time. INTRODUCTION AND FIRST READING OF HOUSE BILLS The following House Files were introduced: Rukavina introduced: H. F. No. 3231, A bill for an act relating to economic development; providing a new general system of law and insurance provisions for the compensation of employment related injuries; transferring the jurisdiction and personnel of the workers' compensation court of appeals; providing rights, duties, and remedies; providing for the restructuring of certain public assistance programs; providing for the creation of enterprise zones; authorizing expenditures from the housing trust fund account; authorizing pilot projects and an urban homesteading program; appropriating money; amending Minnesota Statutes 1992, sections 161.123; 256.73, by adding a subdivision; 256.74, by adding a subdivision; 256.98, subdivision 8; 256D.09, by adding a subdivision; 290.06, by adding a subdivision; 297A.15, by adding a subdivision; 297A.25, by adding a subdivision; 462A.201, by adding a subdivision; 473.375, by adding a subdivision; 473.387, by adding a subdivision; 473.388, subdivision 2; and 473.405, by adding a subdivision; Minnesota Statutes 1993 Supplement, sections 256.031, subdivision 3; 256.734; 256.87, subdivisions 1, 1a, and 5; and 462A.222, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 176C; 176D; 256; 469; and 473; repealing Minnesota Statutes 1992, sections 79.01; 79.074; 79.081; 79.085; 79.095; 79.096; 79.10; 79.253; 79.50; 79.52; 79.53; 79.531; 79.54; 79.55; 79.56; 79.57; 79.58; 79.59; 79.60; 79.61; 79.62; 176.001; 176.011, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9a, 11a, 12, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, and 27; 176.021; 176.031; 176.041, subdivisions 1, 2, 3, 4, 5a, and 6; 176.051; 176.061; 176.071; 176.081; 176.095; 176.101; 176.1011; 176.102; 176.1021; 176.103; 176.104; 176.1041; 176.105; 176.106; 176.111, subdivisions 1, 2, 3, 4, 6, 7, 8, 9a, 10, 12, 14, 15, 16, 17, 18, 20, and 21; 176.121; 176.129; 176.130; 176.1311; 176.132; 176.1321; 176.133; 176.135; 176.1351; 176.136, subdivisions 1, 1a, 1c, 2, and 3; 176.1361; 176.137; 176.139; 176.141; 176.145; 176.151; 176.155; 176.161; 176.165; 176.171; 176.175; 176.178; 176.179; 176.181; 176.182; 176.183; 176.184; 176.185; 176.186; 176.191; 176.192; 176.194; 176.195; 176.201; 176.205; 176.211; 176.215; 176.221; 176.222; 176.225; 176.231; 176.232; 176.234; 176.235; 176.238; 176.239; 176.245; 176.251; 176.253; 176.261; 176.2615; 176.271; 176.275; 176.281; 176.291; 176.295; 176.301; 176.305; 176.306; 176.307; 176.311; 176.312; 176.321; 176.322; 176.325; 176.331; 176.341; 176.351; 176.361; 176.371; 176.381; 176.391; 176.401; 176.411; 176.421; 176.442; 176.451; 176.461; 176.471; 176.481; 176.491; 176.511; 176.521, subdivisions 2a and 3; 176.522; 176.531; 176.540; 176.541; 176.551; 176.561; 176.571; 176.572; 176.581; 176.591; 176.603; 176.611; 176.641; 176.645; 176.651; 176.66; 176.669; 176.82; 176.83; 176.84; 176.85; 176.86; 504.33, subdivisions 1, 2, 4, 6, and 8; and 504.34, subdivisions 3, 4, 5, and 6; Minnesota Statutes 1993 Supplement, sections 79.211; 79.251; 79.252; 79.255; 79.361; 79.362; 79.363; 79.371; 79.51; 176.011, subdivision 10; 176.041, subdivision 1a; 176.091; 176.092; 176.111, subdivision 5; 176.136, subdivision 1b; 176.521, subdivisions 1 and 2; 176.5401; 504.33, subdivisions 3, 5, and 7; and 504.34, subdivisions 1 and 2. The bill was read for the first time and referred to the Committee on Labor-Management Relations. Rukavina introduced: H. F. No. 3232, A bill for an act relating to workers' compensation; providing a new general system of law and insurance provisions for the compensation of employment related injuries; transferring the jurisdiction and personnel of the workers' compensation court of appeals; providing rights, duties, and remedies; proposing coding for new law as Minnesota Statutes, chapters 176C; and 176D; repealing Minnesota Statutes 1992, sections 79.01; 79.074; 79.081; 79.085; 79.095; 79.096; 79.10; 79.253; 79.50; 79.52; 79.53; 79.531; 79.54; 79.55; 79.56; 79.57; 79.58; 79.59; 79.60; 79.61; 79.62; 176.001; 176.011, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9a, 11a, 12, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, and 27; 176.021; 176.031; 176.041, subdivisions 1, 2, 3, 4, 5a, and 6; 176.051; 176.061; 176.071; 176.081; 176.095; 176.101; 176.1011; 176.102; 176.1021; 176.103; 176.104; 176.1041; 176.105; 176.106; 176.111, subdivisions 1, 2, 3, 4, 6, 7, 8, 9a, 10, 12, 14, 15, 16, 17, 18, 20, and 21; 176.121; 176.129; 176.130; 176.1311; 176.132; 176.1321; 176.133; 176.135; 176.1351; 176.136, subdivisions 1, 1a, 1c, 2, and 3; 176.1361; 176.137; 176.139; 176.141; 176.145; 176.151; 176.155; 176.161; 176.165; 176.171; 176.175; 176.178; 176.179; 176.181; 176.182; 176.183; 176.184; 176.185; 176.186; 176.191; 176.192; 176.194; 176.195; 176.201; 176.205; 176.211; 176.215; 176.221; 176.222; 176.225; 176.231; 176.232; 176.234; 176.235; 176.238; 176.239; 176.245; 176.251; 176.253; 176.261; 176.2615; 176.271; 176.275; 176.281; 176.291; 176.295; 176.301; 176.305; 176.306; 176.307; 176.311; 176.312; 176.321; 176.322; 176.325; 176.331; 176.341; 176.351; 176.361; 176.371; 176.381; 176.391; 176.401; 176.411; 176.421; 176.442; 176.451; 176.461; 176.471; 176.481; 176.491; 176.511; 176.521, subdivisions 2a and 3; 176.522; 176.531; 176.540; 176.541; 176.551; 176.561; 176.571; 176.572; 176.581; 176.591; 176.603; 176.611; 176.641; 176.645; 176.651; 176.66; 176.669; 176.82; 176.83; 176.84; 176.85; 176.86; Minnesota Statutes 1993 Supplement, sections 79.211; 79.251; 79.252; 79.255; 79.361; 79.362; 79.363; 79.371; 79.51; 176.011, subdivision 10; 176.041, subdivision 1a; 176.091; 176.092; 176.111, subdivision 5; 176.136, subdivision 1b; 176.521, subdivisions 1 and 2; and 176.5401. The bill was read for the first time and referred to the Committee on Labor-Management Relations. There being no objection, House Resolution No. 12 was reported to the House. HOUSE RESOLUTION NO. 12 A house resolution expressing support for the Household Eco Team Program on Earth Day, 1994. Whereas, the Global Action Plan for the Earth's Household Eco Team Program empowers citizens to take direct personal environmental action, which is measurable at the household level; and Whereas, the Household Eco Team Program is designed to help transform people's desire to make a difference into effective actions that will make a difference and, hopefully, tip the balance in favor of preserving our Earth's delicate ecosystem; and Whereas, the Household Eco Team Program complements the state's commitment to adopt and implement a carbon dioxide reduction plan by helping individuals to change their behavior and reduce emissions of greenhouse gases; and Whereas, the Household Eco Team Program complements the state's efforts to comply with the goal of recycling 45 percent of the waste stream by 1996 (not including yard waste) by helping individuals to reduce waste generation and increase recycling; and Whereas, the Household Eco Team Program complements the state's efforts to reduce reliance on the automobile by helping individuals make more environmentally sound transportation decisions; and Whereas, the Household Eco Team Program helps build community by facilitating cooperation, communication, and team building at the neighborhood level; and Whereas, the results of the program's 653 Eco Teams in 12 countries which have completed the six-month program are as follows for the average household: 35 percent less garbage to the landfill 30 percent less water use 13 percent less fuel for transportation 16 percent reduction in CO2 emissions $404 in savings; and Whereas, the Household Eco Team Program has launched a statewide campaign entitled, "Minnesota Puts Its House in Order" on Earth Day 1993 to create 1,000 Eco Teams within three years; and Whereas, the Household Eco Team Program proposes to work jointly with state groups to make Minnesota a model for the program; and Whereas, the state has several networks which could assist the efforts of the Household Eco Team Program including the resources of the Office of Waste Management, the Pollution Control Agency, the Housing Finance Agency, and the Department of Trade and Economic Development; Now, Therefore, Be It Resolved by the House of Representatives of the State of Minnesota that it endorses and supports the Household Eco Team Program on this Earth Day 1994. The Speaker introduced Mari Harris, the Director of Urban Outreach, from Minneapolis, Minnesota, who sang a song in honor or Earth Day. Munger moved that House Resolution No. 12 be now adopted. The motion prevailed and House Resolution No. 12 was adopted. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I hereby announce the passage by the Senate of the following House Files, herewith returned: H. F. No. 1921, A bill for an act relating to retirement; increasing employee contribution rates and benefit computation formulas for the teachers retirement fund; amending Minnesota Statutes 1992, sections 354.42, subdivision 2; and 354.44, subdivision 6. H. F. No. 3120, A bill for an act relating to military affairs; expediting payment to forces ordered to active duty; amending Minnesota Statutes 1992, section 192.52. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce the passage by the Senate of the following House Files, herewith returned: H. F. No. 2551, A bill for an act relating to retirement; enabling certain retired members of the public employees retirement association to rescind a selection of a joint and survivor annuity and to receive a normal retirement annuity. H. F. No. 3122, A bill for an act relating to public finance; changing procedures for allocating bonding authority; amending Minnesota Statutes 1992, sections 474A.02, subdivisions 8a, 13a, and 23a; 474A.03, subdivision 1; 474A.04, subdivision 1a; 474A.061, subdivision 4; 474A.091, subdivisions 3 and 5; and 474A.131, subdivision 3, and by adding a subdivision; Minnesota Statutes 1993 Supplement, sections 474A.047, subdivision 1; and 474A.061, subdivision 2a. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: H. F. No. 2675, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public waters in Aitkin county. The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File: S. F. No. 2104, A bill for an act relating to children; establishing an abused child program under the commissioner of corrections; creating an advisory committee; specifying powers and duties of the commissioner and the advisory committee; proposing coding for new law in Minnesota Statutes, chapter 241. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Mses. Runbeck, Wiener and Kiscaden. Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee. Patrick E. Flahaven, Secretary of the Senate Wejcman moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2104. The motion prevailed. Mr. Speaker: I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted: S. F. Nos. 2013, 2669, 2707 and 2129. 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. 1996, 309, 1986, 2042, 1867 and 2192. Patrick E. Flahaven, Secretary of the Senate FIRST READING OF SENATE BILLS S. F. No. 2013, A bill for an act relating to taxation; motor fuels; providing for the disposition of unrefunded gasoline tax attributable to off-highway motorcycle use; amending Minnesota Statutes 1992, section 296.16, subdivision 1; Minnesota Statutes 1993 Supplement, section 84.794, subdivision 1. The bill was read for the first time and referred to the Committee on Taxes. S. F. No. 2669, A bill for an act relating to public employment; establishing a public employees insurance cooperative task force; appropriating money. The bill was read for the first time and referred to the Committee on Governmental Operations and Gambling. S. F. No. 2707, A bill for an act relating to the attorney general; changing procedures for charging fees; appropriating money; amending Minnesota Statutes 1992, section 8.06; Minnesota Statutes 1993 Supplement, section 8.15. The bill was read for the first time and referred to the Committee on Judiciary. S. F. No. 2129, A bill for an act relating to adoption; regulating certain advertising and payments in connection with adoption; regulating agencies; providing for direct adoptive placement; providing for the enforceability of postadoption contact agreements; providing penalties; amending Minnesota Statutes 1992, sections 144.227, subdivision 1, and by adding a subdivision; 245A.03, subdivision 1; 245A.04, by adding a subdivision; 245A.07, by adding a subdivision; 259.21, by adding subdivisions; 259.22, subdivisions 1, 2, and by adding a subdivision; 259.27, by adding a subdivision; 259.31; and 317A.907, subdivision 6; Minnesota Statutes 1993 Supplement, section 245A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 259. The bill was read for the first time. Rest moved that S. F. No. 2129 and H. F. No. 2337, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 1996, A bill for an act relating to employment; modifying the definition of employer for personnel records review purposes; defining special investigators for purposes of inclusion in the unclassified civil service of St. Louis county; amending Minnesota Statutes 1992, sections 181.960, subdivision 1; 181.961, by adding a subdivision; and 383C.035. The bill was read for the first time. Wolf moved that S. F. No. 1996 and H. F. No. 2535, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 309, A bill for an act relating to St. Paul; authorizing the city to require employees to reside in the city. The bill was read for the first time. Trimble moved that S. F. No. 309 and H. F. No. 881, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 1986, A bill for an act relating to wetlands; changing provisions relating to compensation required when a wetland replacement plan is not approved; amending Minnesota Statutes 1992, section 103G.237, subdivision 4. The bill was read for the first time and referred to the Committee on Environment and Natural Resources. S. F. No. 2042, A bill for an act relating to lawful gambling; authorizing class D licensees to transmit and receive telecasts of horse races; amending Minnesota Statutes 1992, section 240.13, subdivision 1. The bill was read for the first time and referred to the Committee on Governmental Operations and Gambling. S. F. No. 1867, A bill for an act relating to health; requesting the legislative auditor to study the administrative costs of providing health care services; appropriating money. The bill was read for the first time. Rukavina moved that S. F. No. 1867 and H. F. No. 2048, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 2192, A bill for an act relating to health; MinnesotaCare; establishing and regulating community integrated service networks; defining terms; creating a reinsurance and risk adjustment association; classifying data; requiring reports; mandating studies; modifying provisions relating to the regulated all-payer option; requiring administrative rulemaking; setting timelines and requiring plans for implementation; designating essential community providers; establishing an expedited fact finding and dispute resolution process; requiring proposed legislation; establishing task forces; providing for demonstration models; mandating universal coverage; requiring insurance reforms; providing grant programs; establishing the Minnesota health care administrative simplification act; implementing electronic data interchange standards; creating the Minnesota center for health care electronic data interchange; providing standards for the Minnesota health care identification card; appropriating money; providing penalties; amending Minnesota Statutes 1992, sections 60A.02, subdivision 3; 60A.15, subdivision 1; 62A.303; 62D.02, subdivision 4; 62D.04, by adding a subdivision; 62E.02, subdivisions 10, 18, 20, and 23; 62E.10, subdivisions 1, 2, and 3; 62E.141; 62E.16; 62J.03, by adding a subdivision; 62L.02, subdivisions 9, 13, 17, 24, and by adding subdivisions; 62L.03, subdivision 1; 62L.05, subdivisions 1, 5, and 8; 62L.06; 62L.07, subdivision 2; 62L.08, subdivisions 2, 5, 6, and 7; 62L.12; 62L.21, subdivision 2; 62M.02, subdivisions 5 and 21; 62M.03, subdivisions 1, 2, and 3; 62M.05, subdivision 3; 62M.06, subdivision 3; 62M.09, subdivision 5; 144.335, by adding a subdivision; 144.581, subdivision 2; 256.9355, by adding a subdivision; 256.9358, subdivision 4; 295.50, by adding subdivisions; and 318.02, by adding a subdivision; Minnesota Statutes 1993 Supplement, sections 43A.317, by adding a subdivision; 60K.14, subdivision 7; 61B.20, subdivision 13; 62A.011, subdivision 3; 62A.65, subdivisions 2, 3, 4, 5, and by adding subdivisions; 62D.12, subdivision 17; 62J.03, subdivision 6; 62J.04, subdivisions 1 and 1a; 62J.09, subdivisions 1a and 2; 62J.33, by adding subdivisions; 62J.35, subdivisions 2 and 3; 62J.38; 62J.41, subdivision 2; 62J.45, by adding subdivisions; 62L.02, subdivisions 8, 11, 15, 16, 19, and 26; 62L.03, subdivisions 3, 4, and 5; 62L.04, subdivision 1; 62L.08, subdivisions 4 and 8; 62N.01; 62N.02, subdivisions 1, 8, and by adding a subdivision; 62N.06, subdivision 1; 62N.065, subdivision 1; 62N.10, subdivisions 1 and 2; 62N.22; 62N.23; 62P.01; 62P.03; 62P.04; 62P.05; 144.1486; 151.21, subdivisions 7 and 8; 256.9352, subdivision 3; 256.9353, subdivisions 3 and 7; 256.9354, subdivisions 1, 4, 5, and 6; 256.9356, subdivision 3; 256.9362, subdivision 6; 256.9363, subdivisions 6, 7, and 9; 256.9657, subdivision 3; 295.50, subdivisions 3, 4, and 12b; 295.52, subdivision 5; 295.53, subdivisions 1, 2, and 5; 295.54; 295.58; and 295.582; Laws 1992, chapter 549, article 9, section 22; proposing coding for new law in Minnesota Statutes, chapters 62A; 62J; 62N; 62P; 144; and 317A; proposing coding for new law as Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1992, sections 62A.02, subdivision 5; 62E.51; 62E.52; 62E.53; 62E.531; 62E.54; 62E.55; and 256.362, subdivision 5; Minnesota Statutes 1993 Supplement, sections 62J.04, subdivision 8; 62N.07; 62N.075; 62N.08; 62N.085; and 62N.16. The bill was read for the first time. Greenfield moved that S. F. No. 2192 and H. F. No. 2525, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. The following Conference Committee Report was received: CONFERENCE COMMITTEE REPORT ON H. F. NO. 2411 A bill for an act relating to retirement; providing for coverage of employees of lessee of Itasca Medical Center facilities by the public employees retirement association. April 20, 1994 The Honorable Irv Anderson Speaker of the House of Representatives The Honorable Allan H. Spear President of the Senate We, the undersigned conferees for H. F. No. 2411, report that we have agreed upon the items in dispute and recommend as follows: That the Senate recede from its amendment We request adoption of this report and repassage of the bill. House Conferees: Loren A. Solberg, Anthony G. "Tony" Kinkel and Robert Ness. Senate Conferees: Bob Lessard, Harold R. "Skip" Finn and Pat Pariseau. Solberg moved that the report of the Conference Committee on H. F. No. 2411 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed. H. F. No. 2411, A bill for an act relating to retirement; providing for coverage of employees of lessee of Itasca Medical Center facilities by the public employees retirement association. The bill was read for the third time, as amended by Conference, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 122 yeas and 5 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Evans Farrell Finseth Garcia Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Koppendrayer Krueger Lasley Leppik Lieder Lindner Long Lourey Luther Lynch Macklin Mahon McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. Those who voted in the negative were: Frerichs Knight Krinkie Limmer Pawlenty The bill was repassed, as amended by Conference, and its title agreed to. REPORT FROM THE COMMITTEE ON RULES AND LEGISLATIVE ADMINISTRATION Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bill as a Special Order to be acted upon immediately preceding printed Special Orders for today: H. F. No. 2171. SPECIAL ORDERS The Speaker called Bauerly to the Chair. H. F. No. 2171 was read for the third time. The Speaker resumed the Chair. H. F. No. 2171, A bill for an act relating to metropolitan government; requiring the metropolitan council to adopt rules allocating comprehensive choice housing among cities and towns in the metropolitan area; requiring metropolitan council review of efforts of cities and towns to comply with the allocation; establishing penalties for noncompliance; proposing coding for new law in Minnesota Statutes, chapters 16A; and 473. 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 79 yeas and 54 nays as follows: Those who voted in the affirmative were: Anderson, R. Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dauner Dawkins Delmont Dorn Evans Farrell Garcia Greenfield Greiling Hasskamp Hausman Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Kahn Kalis Kelley Kinkel Klinzing Krueger Lasley Lieder Long Lourey Luther Mahon Mariani McCollum McGuire Milbert Mosel Munger Murphy Neary Nelson Olson, E. Olson, K. Opatz Orenstein Orfield Osthoff Ostrom Pelowski Peterson Pugh Reding Rest Rhodes Rukavina Sarna Sekhon Simoneau Skoglund Solberg Steensma Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Winter Spk. Anderson, I. Those who voted in the negative were: Abrams Asch Bettermann Bishop Commers Davids Dehler Dempsey Erhardt Finseth Frerichs Girard Goodno Gruenes Gutknecht Haukoos Holsten Hugoson Johnson, R. Johnson, V. Kelso Knickerbocker Knight Koppendrayer Krinkie Leppik Limmer Lindner Lynch Macklin Molnau Morrison Ness Olson, M. Onnen Ozment Pauly Pawlenty Perlt Rodosovich Seagren Smith Stanius Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Weaver Wolf Worke Workman The bill was passed and its title agreed to. REPORT FROM THE COMMITTEE ON RULES AND LEGISLATIVE ADMINISTRATION Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bill as a Special Order to be acted upon immediately preceding printed Special Orders for today: H. F. No. 1899. SPECIAL ORDERS, Continued H. F. No. 1899 was reported to the House. Greiling moved to amend H. F. No. 1899, the first engrossment, as follows: Page 25, line 16, after "rule" insert "adopted under authority delegated by law" The motion prevailed and the amendment was adopted. Leppik and Greiling moved to amend H. F. No. 1899, the first engrossment, as amended, as follows: Page 4, lines 4 and 10, delete "administrative rules advisor" and insert "governor" Page 4, lines 15 and 16, delete "administrative rules advisor" and insert "governor" Page 8, lines 6, 10, and 14, delete "administrative rules advisor" and insert "governor" Page 8, line 17, delete "administrative rules advisor and the" Page 10, lines 14 and 15, delete "administrative rules advisor" and insert "governor" Page 11, line 2, delete "administrative rules advisor" and insert "governor" Page 11, lines 10 and 11, delete "the administrative rules advisor," Page 15, lines 9 and 10, delete "administrative rules advisor" and insert "governor" Page 20, line 18, delete ", the administrative rules counsel," Page 23, line 7, delete "and the administrative rules advisor" Page 23, lines 9 and 10, delete "; ADMINISTRATIVE RULES ADVISOR" Delete page 23, line 34 to page 24, line 6 Page 24, line 23, delete the first comma and insert "and" Page 24, lines 23 and 24, delete ", and the administrative rules counsel" Page 33, line 32, delete everything after "14.204" Page 33, line 33, delete everything before the period The motion prevailed and the amendment was adopted. Sviggum moved to amend H. F. No. 1899, the first engrossment, as amended, as follows: Page 4, lines 4 and 10, delete "administrative rules advisor or the" Page 4, line 15, delete "administrative" Page 4, line 16, delete "rules advisor and to the" Page 8, delete lines 5 to 12 Page 8, line 14, delete "the administrative rules advisor," Page 8, line 17, delete "administrative rules advisor and the" Page 10, delete lines 14 to 27 Page 11, line 1, delete "the" Page 11, line 2, delete "administrative rules advisor," Page 11, line 10, delete the third "the" Page 11, line 11, delete "administrative rules advisor," Page 15, delete lines 7 to 17 Page 23, line 7, delete "and the administrative rules advisor" Page 23, line 9 to page 24, line 6, delete section 28 Page 33, line 32, delete everything after "14.204" Page 33, line 33, delete everything before the period Renumber the sections in sequence and correct internal references Amend the title accordingly The motion did not prevail and the amendment was not adopted. Leppik, Reding, Greiling, Evans, Abrams, Pauly, Long, Kahn, Bettermann, Rhodes, Hausman, and Olson, K., moved to amend H. F. No. 1899, the first engrossment, as amended, as follows: Page 33, delete lines 23 to 33, and insert: "Sec. 44. Minnesota Statutes 1992, section 128C.02, subdivision 4, is amended to read: Subd. 4. [RULES ARE APA EXEMPT.] (a) Except as otherwise provided in paragraphs (b) and (c), the rules of the league are exempt from sections 14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62 chapter 14. (b) After July 1, 1994, the adoption, amendment, and repeal of all league rules relating to student eligibility to participate in contests by and between pupils of the Minnesota high schools that are delegated to the league under section 128C.01 are subject to chapter 14. (c) This paragraph applies to all league rules in effect as of July 1, 1994, relating to student eligibility to participate in contests by and between pupils of the Minnesota high schools that are delegated to the league under section 128C.01. Upon written petition in the form prescribed under section 14.221 signed by 300 persons requesting the adoption of a rule to which this paragraph applies, the Minnesota state high school league shall initiate rulemaking proceedings in accordance with sections 14.203 to 14.208. If rulemaking proceedings are not initiated on the rule by the publication of a notice of proposed rule adoption within 90 days of receipt of the petition, the rule expires. Amend the title as follows: Page 1, line 13, delete everything before the semicolon, and insert "subdivision 4" A roll call was requested and properly seconded. The question was taken on the Leppik et al amendment and the roll was called. There were 62 yeas and 71 nays as follows: Those who voted in the affirmative were: Abrams Asch Battaglia Bettermann Bishop Brown, C. Clark Cooper Dawkins Delmont Evans Farrell Garcia Greenfield Greiling Hasskamp Hausman Huntley Jaros Kahn Kalis Kelley Kelso Knickerbocker Leppik Lieder Limmer Long Lourey Mahon Mariani McCollum McGuire Morrison Mosel Munger Neary Nelson Olson, E. Olson, K. Opatz Orenstein Orfield Pauly Peterson Reding Rest Rhodes Rice Rukavina Sarna Seagren Sekhon Simoneau Skoglund Steensma Trimble Van Engen Vellenga Wagenius Wejcman Winter Those who voted in the negative were: Anderson, R. Bauerly Beard Bergson Bertram Brown, K. Carlson Commers Dauner Davids Dehler Dempsey Dorn Erhardt Finseth Frerichs Girard Goodno Gruenes Gutknecht Haukoos Holsten Hugoson Jacobs Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kinkel Klinzing Knight Koppendrayer Krinkie Krueger Lasley Lindner Luther Lynch Macklin Milbert Molnau Murphy Ness Olson, M. Onnen Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Pugh Rodosovich Smith Solberg Stanius Sviggum Swenson Tomassoni Tompkins Tunheim Van Dellen Vickerman Waltman Weaver Wenzel Wolf Worke Workman Spk. Anderson, I The motion did not prevail and the amendment was not adopted. H. F. No. 1899, A bill for an act relating to state government; revising procedures used for adoption and review of administrative rules; correcting erroneous, ambiguous, obsolete, and omitted text and obsolete references; eliminating redundant, conflicting, and superseded provisions in Minnesota Rules; making various technical changes; amending Minnesota Statutes 1992, sections 10A.02, by adding a subdivision; 14.05, subdivision 1; 14.12; 14.38, subdivisions 1, 7, 8, and 9; 14.46, subdivisions 1 and 3; 14.47, subdivisions 1, 2, and 6; 14.50; 14.51; 17.84; 84.027, by adding a subdivision; and 128C.02, by adding a subdivision; Minnesota Statutes 1993 Supplement, sections 3.841; and 3.984, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 3; and 14; correcting Minnesota Rules, parts 1200.0300; 1400.0500; 3530.0200; 3530.1500; 3530.2614; 3530.2642; 4685.0100; 4685.3000; 4685.3200; 4692.0020; 5000.0400; 7045.0075; 7411.7100; 7411.7400; 7411.7700; 7883.0100; 8130.3500; 8130.6500; 8800.1200; 8800.1400; 8800.3100; 8820.0600; 8820.2300; 9050.1070; and 9505.2175; repealing Minnesota Statutes 1992, sections 3.842; 3.843; 3.844; 3.845; 3.846; 14.03, subdivision 3; 14.05, subdivisions 2 and 3; 14.06; 14.08; 14.09; 14.11; 14.115; 14.131; 14.1311; 14.14; 14.15; 14.16; 14.18, subdivision 1; 14.19; 14.20; 14.22; 14.225; 14.23; 14.235; 14.24; 14.25; 14.26; 14.27; 14.28; 14.29; 14.30; 14.305; 14.31; 14.32; 14.33; 14.34; 14.35; 14.36; 14.365; 14.38, subdivisions 4, 5, and 6; and 17.83; Minnesota Statutes 1993 Supplement, sections 3.984; and 14.10; Minnesota Rules, parts 1300.0100; 1300.0200; 1300.0300; 1300.0400; 1300.0500; 1300.0600; 1300.0700; 1300.0800; 1300.0900; 1300.0940; 1300.0942; 1300.0944; 1300.0946; 1300.0948; 1300.1000; 1300.1100; 1300.1200; 1300.1300; 1300.1400; 1300.1500; 1300.1600; 1300.1700; 1300.1800; 1300.1900; 1300.2000; 4685.2600; 4692.0020, subpart 2; 4692.0045; 7856.1000, subpart 5; 8017.5000; 8130.9500, subpart 6; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 8130.9980; 8130.9992; and 8130.9996. 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 132 yeas and 2 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bettermann Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. Those who voted in the negative were: Farrell Rodosovich The bill was passed, as amended, and its title agreed to. Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed. GENERAL ORDERS Carruthers moved that the bills on General Orders for today be continued. The motion prevailed. There being no objection, the order of business reverted to Messages from the Senate. MESSAGES FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2410, A bill for an act relating to natural resources; sale of native tree seed and tree planting stock; terms and conditions governing the leasing of state timber lands; amending Minnesota Statutes 1992, sections 89.36, subdivision 3; 89.37, by adding a subdivision; 90.101, subdivision 2; 90.151, subdivision 1; 90.161, subdivisions 1 and 2; 90.191, subdivision 2; and 90.193; Minnesota Statutes 1993 Supplement, sections 90.101, subdivision 1; and 90.121; repealing Minnesota Statutes 1992, section 90.151, subdivisions 13 and 14. Patrick E. Flahaven, Secretary of the Senate Rukavina moved that the House refuse to concur in the Senate amendments to H. F. No. 2410, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed. ANNOUNCEMENTS BY THE SPEAKER The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2009: Olson, M.; Klinzing and Molnau. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2104: Wejcman, Murphy and Luther. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2709: Hugoson, Wenzel and Nelson. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2710: Clark, Mariani and Tompkins. Carruthers moved that when the House adjourns today it adjourn until 8:00 a.m., Monday, April 25, 1994. The motion prevailed. The Speaker called Bauerly to the Chair. MESSAGES FROM THE SENATE, Continued The following message was received from the Senate: Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2028, A bill for an act relating to data practices; classifying data as private, confidential, or nonpublic; providing for access to certain law enforcement and court services data on juveniles; providing law enforcement access to certain welfare and patient directory information; providing for treatment of customer data by videotape sellers and service providers; providing for data access to conduct fetal, infant, and maternal death studies; extending a provision for conduct of medical research absent prior patient consent; amending Minnesota Statutes 1992, sections 13.03, subdivision 4; 13.38, by adding a subdivision; 13.39, by adding a subdivision; 13.41, subdivision 2, and by adding a subdivision; 13.57; 13.71, by adding subdivisions; 13.76, by adding a subdivision; 13.82, by adding a subdivision; 13.99, subdivisions 7, 39, 45, 53, 60, 71, 79, and by adding subdivisions; 144.581, subdivision 5; 171.12, subdivision 7; 260.161, by adding a subdivision; 471.705; Minnesota Statutes 1993 Supplement, sections 13.43, subdivision 2; 13.46, subdivision 2; 13.643, by adding a subdivision; 13.82, subdivision 4; 121.8355, by adding a subdivision; 144.335, subdivision 3a; 144.651, subdivisions 2, 21, and 26; 168.346; 245.493, by adding a subdivision; 253B.03, subdivisions 3 and 4; 260.161, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 144; 145; proposing coding for new law as Minnesota Statutes, chapter 325I. Patrick E. Flahaven, Secretary of the Senate McGuire moved that the House refuse to concur in the Senate amendments to H. F. No. 2028, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed. ANNOUNCEMENT BY THE SPEAKER The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2028: McGuire, Skoglund and Macklin. ADJOURNMENT Carruthers moved that the House adjourn. The motion prevailed, and Speaker pro tempore Bauerly declared the House stands adjourned until 8:00 a.m., Monday, April 25, 1994. Edward A. Burdick, Chief Clerk, House of Representatives