JOURNAL OF THE HOUSE - 99th Day - Top of Page 8327

STATE OF MINNESOTA

Journal of the House

SEVENTY-NINTH SESSION - 1996

__________________

NINETY-NINTH DAY

Saint Paul, Minnesota, Friday, March 15, 1996

Index to today's Journal

On this day in 1927, the Arrowhead Bridge connecting West Duluth with Superior, Wisconsin, opened.

The House of Representatives convened at 9:30 a.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by Spiritual Elder, Chris Leigh, Traditional Dakota, Prairie Island, Minnesota.

The roll was called and the following members were present:

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

Orenstein was excused.

Tuma was excused until 10:30 a.m. Workman was excused until 11:15 a.m.

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

REPORTS OF CHIEF CLERK

S. F. No. 1956 and H. F. No. 2194, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Weaver moved that the rules be so far suspended that S. F. No. 1956 be substituted for H. F. No. 2194 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 2503 and H. F. No. 2379, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Jennings moved that the rules be so far suspended that S. F. No. 2503 be substituted for H. F. No. 2379 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2874 and H. F. No. 3271, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Solberg moved that the rules be so far suspended that S. F. No. 2874 be substituted for H. F. No. 3271 and that the House File be indefinitely postponed. The motion prevailed.

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 13, 1996

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 2889, relating to local government; the cities of Norwood and Young America in Carver county and their consolidation into the city of Norwood-Young America.

H. F. No. 2670, relating to the Minnesota municipal board; clarifying authority and procedures.

H. F. No. 2044, relating to insurance; group life and health coverages; prohibiting retroactive termination of a person's coverage without the consent of the covered person.

H. F. No. 2938, A bill for an act relating to Minnesota Statutes; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws.

H. F. No. 2401, relating to counties; Itasca; exempting the county from certain bidding requirements on the sale of the Itasca County Medical Center.

H. F. No. 2483, relating to courts; clarifying the process for applying for a writ of certiorari.

H. F. No. 2391, relating to commerce; petroleum tank release cleanup; regulating reimbursement; providing enforcement authority to the commissioner of commerce; making various technical changes.

Warmest regards,

Arne H. Carlson

Governor


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STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1996 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F. H.F. Session Laws Date ApprovedDate Filed

No. No. Chapter No. 1996 1996

2889 302 2:12 p.m. March 13 March 13

2670 303 2:14 p.m. March 13 March 13

2044 304 2:20 p.m. March 13 March 13

2938 305 2:40 p.m. March 13 March 13

2401 306 2:22 p.m. March 13 March 13

2483 307 2:27 p.m. March 13 March 13

2391 308 2:33 p.m. March 13 March 13

Sincerely,

Joan Anderson Growe

Secretary of State

REPORTS OF STANDING COMMITTEES

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

H. F. No. 532, A bill for an act relating to veterans; proposing an amendment to the Minnesota Constitution, article XIII, section 8, permitting the payment of a monetary bonus to veterans of the Persian Gulf War.

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.

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

H. F. No. 2895, A bill for an act relating to drivers' licenses; providing conditions for validity of state contracts; requiring refund of license fee if a qualified applicant does not receive a license, duplicate license, permit, or identification card within six weeks of application; providing for issuance of license without regard to whether the fee has been refunded; requiring legislative audit commission to study driver's license and identification card program; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 171.06, by adding a subdivision; and 171.07, subdivisions 1 and 3.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.

The report was adopted.


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

S. F. No. 2419, A bill for an act relating to veterans affairs; authorizing the placement of a plaque on the capitol grounds recognizing the service of women veterans from all wars.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 190.02, is amended to read:

190.02 [GOVERNOR TO BE COMMANDER-IN-CHIEF; RULES; STAFF.]

The governor shall be the commander-in-chief of the military forces, except so much thereof as may be in the actual service of the United States, and may employ the same for the defense or relief of the state or any other state, the enforcement of law, and the protection of persons and property therein.

The governor shall make and publish rules, not inconsistent with law, and enforce all the provisions of the military code.

The governor may appoint a staff, consisting of an adjutant general and six aides-de-camp of field grade who shall be detailed from the national guard.

Sec. 2. Minnesota Statutes 1994, section 190.05, is amended by adding a subdivision to read:

Subd. 3a. [MILITARY RESERVATIONS.] "Military reservations," without limitation, includes military installations, armories, air bases, and facilities owned or controlled by the state for military purposes.

Sec. 3. Minnesota Statutes 1994, section 190.05, is amended by adding a subdivision to read:

Subd. 6a. [OFFICER.] "Officer" includes commissioned officers and commissioned warrant officers in the army national guard and the air national guard.

Sec. 4. Minnesota Statutes 1994, section 190.07, is amended to read:

190.07 [APPOINTMENT; QUALIFICATIONS; RANK.]

There shall be an adjutant general of the state who shall be appointed by the governor. The adjutant general shall be a staff officer, who at the time of appointment shall be a commissioned officer of the national guard of this state, with not less than ten years military service in the armed forces of this state or of the United States, at least three of which shall have been commissioned and who shall have reached the grade of a field officer.

The adjutant general shall hold the rank equal to that of the highest rank authorized for the army and air national guard in the table of organization for units allotted to the state by the department of the army, or the department of the air force, or by both such departments, through the national guard bureau of major general. However, the adjutant general shall not be appointed to the rank of major general without having 20 years service in the national guard, of which one year has been in the rank of brigadier general.

The term of the adjutant general is seven years from the date of appointment. Section 15.06, subdivisions 3, 4, and 5, governs filling of vacancies in the office of adjutant general. The adjutant general shall not be removed from office during a term except upon withdrawal of federal recognition or as otherwise provided by the military laws of this state.

Sec. 5. Minnesota Statutes 1994, section 190.16, subdivision 2, is amended to read:

Subd. 2. [ACCEPTANCE OF MONEY.] The adjutant general may accept federal moneys and other moneys money, either public or private, for and in behalf of the state of Minnesota, for the support of the state's military forces, and for the construction, improvement, or maintenance of buildings, air bases, roads, utilities and any or all other structures or facilities required in the training, housing, and maintenance of the military forces of the state upon such terms and conditions as are or may be prescribed by the laws of the United States and any rules or regulations made thereunder.


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Sec. 6. Minnesota Statutes 1994, section 190.25, subdivision 1, is amended to read:

Subdivision 1. The adjutant general is hereby authorized to acquire in the name of the state by purchase, gift, or condemnation, and is authorized to lease all lands which the adjutant general may deem necessary, including lands already devoted to a public use, for military training purposes, adjacent to or in the vicinity of the military field training center at Camp Ripley, or at any other suitable place in this state, subject to the limitations of funds appropriated and available.

Sec. 7. Minnesota Statutes 1994, section 192.19, is amended to read:

192.19 [RETIRED OFFICERS MAY BE ORDERED TO ACTIVE DUTY.]

The commander-in-chief or the adjutant general may assign officers on the retired list, with their consent, to temporary active duty service in recruiting, upon courts-martial, courts of inquiry and boards, to staff duty not involving service with troops, or in charge of a military reservation left temporarily without officers. Such officers while so assigned shall receive the full pay and allowances of their grades at time of retirement.

Sec. 8. Minnesota Statutes 1994, section 192.20, is amended to read:

192.20 [BREVET RANK.]

General and field Officers, warrant officers, and enlisted persons of the national guard who have, after ten years active service, resigned or retired for physical disability or otherwise, may in the discretion of the commander-in-chief, on the recommendation of the adjutant general, be commissioned by brevet, in the next higher grade than that held by them at the time of their resignation or retirement. Brevet rank shall be considered strictly honorary and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade on occasions of ceremony.

Sec. 9. Minnesota Statutes 1994, section 192.23, is amended to read:

192.23 [SERVICE MEDALS.]

The commander-in-chief may, by general order, provide a suitable mark of distinction for all officers and enlisted members who have served in the military forces of the state for an aggregate period of three, five, ten, 15, and 20 years, respectively, and for like service thereafter; and medals to be awarded for valor, for distinguished service, and for good conduct. The commander-in-chief may authorize and prescribe regulations for the issuance of suitable marks of distinction to be awarded to officers and enlisted members who have served in the military forces of the state during periods of war or other declared emergencies, provided that these shall not be awarded for service for which service medals or bars are authorized by federal authority.

Sec. 10. Minnesota Statutes 1994, section 192.37, is amended to read:

192.37 [DISPOSING WRONGFUL DISPOSITION OF PROPERTY.]

Every person, whether a member of the military forces or not, who shall willfully sell or dispose of or buy or receive any arms, equipment or accoutrements issued by sells, buys, damages, destroys, disposes of, or retains any military property of the United States or of the state for the use of the military forces, or refuses to deliver or pay for the same upon lawful demand, without proper authority shall be guilty of a misdemeanor.

Sec. 11. Minnesota Statutes 1994, section 192.38, subdivision 1, is amended to read:

Subdivision 1. [TEMPORARY EMERGENCY RELIEF.] If any officer or enlisted member of the military forces is wounded or otherwise disabled, dies from disease contracted or injuries received, or is killed while in state active service as defined in section 190.05, subdivision 5a, the officer or member, or in the case of death the officer's or member's dependent spouse, child, or parent, may be provided with immediate temporary relief as necessary in cases of severe hardship, in an amount to be determined by the adjutant general and approved by the governor. All payments under this subdivision shall be made from appropriations for the maintenance of the state military forces. The adjutant general shall notify the workers' compensation commission department of employee relations of any payments made pursuant to this subdivision and the amount of it shall be subtracted from any award made by the commission department of employee relations.


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Sec. 12. Minnesota Statutes 1994, section 192.40, is amended to read:

192.40 [GOVERNOR TO APPOINT UNITED STATES PROPERTY AND DISBURSING FISCAL OFFICER.]

The governor, upon the recommendation of the adjutant general and pursuant to federal authority, shall appoint, designate, or detail subject to the approval of the secretary of defense, the adjutant general, or an officer of the national guard who shall be regarded as property and disbursing officer for the United States the army and secretary of the air force, a qualified commissioned officer of the Minnesota national guard to be the United States property and fiscal officer for Minnesota. The officer appointed shall receipt and account for all funds and property belonging to the United States in possession of the national guard of this state and shall make such returns and reports concerning the same as may be required by the secretary of defense. The officer appointed shall render, through the defense department, such accounts of federal funds entrusted to that officer for disbursement as may be required by the treasury department.

The property and disbursing officer shall, before entering upon the performance of duties, be required to give good and sufficient bond to the United States, the amount thereof to be determined by the secretary of defense, for the faithful performance of assigned duties and for the safekeeping and proper disposition of the federal property and funds entrusted to the care of that officer.

This property and disbursing officer may also be the quartermaster of the state chief, national guard bureau, and the appropriate service secretary.

Sec. 13. Minnesota Statutes 1994, section 192.49, is amended to read:

192.49 [PAY AND ALLOWANCES OF OFFICERS AND ORGANIZATIONS ENLISTED PERSONS.]

Subdivision 1. [OFFICERS.] Every commissioned officer of the military forces shall receive from the state, while engaged in any service ordered by the governor, pay and allowances at the rate now or hereafter paid or allowed by law to officers of similar rank the same grade and length of service in the armed forces of the United States, but not less than $130 a day.

Subd. 2. [UNIFORMS TO BE SUPPLIED ENLISTED PERSONS.] When expedient, the adjutant general may issue to commissioned officers from time to time any available articles of uniform and equipment suitable for field work. Articles so issued shall be charged to the officer and that officer shall account for them as provided in rules called into active service by the governor, other than for encampment or maneuvers, including the time necessarily consumed in travel, each enlisted person of the military forces shall be paid by the state the pay and the allowances, when not furnished in kind, provided by law for enlisted persons of similar grade, rating, and length of service in the armed forces of the United States, or $130 a day, whichever is more.

Subd. 3. [ALLOWANCES FOR MILITARY EXPENSE.] Allowances for the necessary military expenses of all organizations, units, or detachments of the military forces, including clerk hire, office supplies, postage, and other actual outlay, shall be paid by the adjutant general out of the funds appropriated for the maintenance of the military forces, such. These allowances annually may not to exceed:

(1) for the state headquarters and for the division headquarters when located in this state $2,000 each;

(2) $3,000 a year for the commanding general of troops;

(3) for any other organization commanded by a general officer $1,000 plus $100 for each immediately and directly subordinate organization or unit;

(4) for any brigade, group, battalion, squadron, or equivalent organization $200 plus $100 for each immediately and directly subordinate organization or unit; and

(5) $300 for incidental expenses of each company, battery, or detachment; and

(6) at the time of the annual encampment or maneuvers,:

(i) for each division or camp headquarters mess $200;


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(ii) for each officers' mess of a regiment, group, or higher headquarters $200; and

(iii) for the officers' mess of each battalion or equivalent headquarters $100.

Allowances authorized under this section shall be expended and accounted for as prescribed by the commander-in-chief in orders or rules.

Sec. 14. Minnesota Statutes 1994, section 193.142, subdivision 1, is amended to read:

Subdivision 1. [CORPORATION CREATED; OFFICERS.] For the purpose of constructing armories as provided by section 193.141, there shall be created a corporation to be known as the "Minnesota state armory building commission." The members and governing body of such corporation shall be the adjutant general and not less than two officers of the line of the national guard of the state above the grade of lieutenant colonel major, to be selected and appointed by the adjutant general. The adjutant general shall be chair of such commission. Such commission shall elect a secretary and a treasurer from the members thereof other than the adjutant general. The treasurer of the corporation shall give a security bond to the corporation in such sum as the corporation may determine, conditioned in like manner to the bonds of treasurers of public bodies, to be approved and filed as the corporation may determine.

Sec. 15. Minnesota Statutes 1994, section 193.142, subdivision 2, is amended to read:

Subd. 2. [FILING; OFFICERS; MEMBERS; VACANCY.] Upon the filing with the secretary of state of a certificate by the adjutant general naming the persons authorized to compose such commission and corporation, and declaring them to be constituted a commission and corporation hereunder, such persons shall forthwith become and be such commission and corporation without further proceeding. In case of a vacancy in the membership of such commission and corporation, the remaining members, provided there are not less than two, shall have power to act and to elect such temporary officers of the commission as may be necessary during the existence of the vacancy. In case at any time there shall not be at least two qualified officers of the national guard in addition to the adjutant general eligible to serve as members of such commission, the adjutant general may appoint a member or members of such commission from the lieutenant colonels of the line of the national guard of the state, so as to provide not more than two members of such commission in addition to the adjutant general. The membership of the members last so appointed shall automatically terminate upon the appointment and qualification of an officer of the national guard eligible under subdivision 1, to serve as a member of such commission, provided the total membership be not thereby reduced to less than three including the adjutant general. In case of a vacancy in the office of the adjutant general, or in case of the incapacity of the adjutant general to act as a member and chair of such commission, the officer who is appointed or authorized according to law to exercise the powers of the adjutant general for the time being, shall during the existence of such vacancy or incapacity act as a member and chair of such commission and have all the powers and duties herein vested in or imposed upon the adjutant general as a member and chair of such commission. The adjutant general shall certify to the secretary of state all changes in the membership of the commission, but failure to do so shall not affect the authority of any new member of the commission or the validity of any act of the commission after the accession of a new member.

Sec. 16. Minnesota Statutes 1994, section 193.142, subdivision 3, is amended to read:

Subd. 3. [TRUSTEE IN CERTAIN CASES.] In case at any time all or all but one of the line officers of the national guard who are members of the commission or who are eligible to serve as such are in active service outside the state, or where for any other reason there are not at least two qualified line officers of the national guard available within the state to serve as members of the commission, the adjutant general, or in case of incapacity or of a vacancy in that office, the officer who is appointed or authorized according to law to exercise the powers of the adjutant general for the time being, shall become trustee of the commission and shall have all the powers and perform all the duties of the commission and its officers so long as such conditions exist. Upon the occurrence of such conditions the officer becoming trustee shall file with the Secretary of State a certificate reciting the circumstances and declaring that that officer assumes office as such trustee, and thereupon shall be deemed to have qualified as such, with all the authority hereby conferred. Any change in such office shall be likewise certified by the officers succeeding as trustee. Upon the termination of such conditions, the adjutant general or an authorized substitute shall certify the circumstances in like manner, with the names of the officers then authorized by law to compose the commission, and thereupon such officers shall constitute the commission, and the authority of the trustee shall terminate.


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Sec. 17. Minnesota Statutes 1994, section 193.143, is amended to read:

193.143 [STATE ARMORY BUILDING COMMISSION, POWERS.]

Such corporation, subject to the conditions and limitations prescribed in sections 193.141 to 193.149, shall possess all the powers of a body corporate necessary and convenient to accomplish the objectives and perform the duties prescribed by sections 193.141 to 193.149, including the following, which shall not be construed as a limitation upon the general powers hereby conferred:

(1) To acquire by lease, purchase, gift, or condemnation proceedings all necessary right, title, and interest in and to the lands required for a site for a new armory and all other real or personal property required for the purposes contemplated by the military code and to hold and dispose of the same, subject to the conditions and limitations herein prescribed; provided that any such real or personal property or interest therein may be so acquired or accepted subject to any condition which may be imposed thereon by the grantor or donor and agreed to by such corporation not inconsistent with the proper use of such property by the state for armory or military purposes as herein provided.

(2) To exercise the right of eminent domain in the manner provided by chapter 117, for the purpose of acquiring any property which such corporation is herein authorized to acquire by condemnation; provided, that the corporation may take possession of any such property so to be acquired at any time after the filing of the petition describing the same in condemnation proceedings; provided further, that this shall not preclude the corporation from abandoning the condemnation of any such property in any case where possession thereof has not been taken.

(3) To construct and equip new armories as authorized herein; to pay therefor out of the funds obtained as hereinafter provided and to hold, manage, and dispose of such armory, equipment, and site as hereinafter provided. The total amount of bonds issued on account of such armories shall not exceed the amount of the cost thereof; provided also, that the total bonded indebtedness of the commission shall not at any time exceed the aggregate sum of $7,000,000.

(4) To sue and be sued.

(5) To contract and be contracted with in any matter connected with any purpose or activity within the powers of such corporations as herein specified; provided, that no officer or member of such corporation shall be personally interested, directly or indirectly, in any contract in which such corporation is interested.

(6) To employ any and all professional and nonprofessional services and all agents, employees, workers, and servants necessary and proper for the purposes and activities of such corporation as authorized or contemplated herein and to pay for the same out of any portion of the income of the corporation available for such purposes or activities. The officers and members of such corporation shall not receive any compensation therefrom, but may receive their reasonable and necessary expenses incurred in connection with the performance of their duties; provided however, that whenever the duties of any member of the commission require full time and attention the commission may compensate the member therefor at such rates as it may determine.

(7) To borrow money and issue bonds for the purposes and in the manner and within the limitations herein specified, and to pledge any and all property and income of such corporation acquired or received as herein provided to secure the payment of such bonds, subject to the provisions and limitations herein prescribed, and to redeem any such bonds if so provided therein or in the mortgage or trust deed accompanying the same.

(8) To use for the following purposes any available money received by such corporation from any source as herein provided in excess of those required for the payment of the cost of such armory and for the payment of any bonds issued by the corporation and interest thereon according to the terms of such bonds or of any mortgage or trust deed accompanying the same:

(a) To pay the necessary incidental expenses of carrying on the business and activities of the corporation as herein authorized;

(b) To pay the cost of operating, maintaining, repairing, and improving such new armories;

(c) If any further excess moneys remain, to purchase upon the open market at or above or below the face or par value thereof any bonds issued by the corporation as herein authorized; provided, that any bonds so purchased shall thereupon be canceled.


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(9) To adopt and use a corporate seal.

(10) To adopt all needful bylaws and rules for the conduct of business and affairs of such corporation and for the management and use of all armories while under the ownership and control of such corporation as herein provided, not inconsistent with the use of such armory for armory or military purposes.

(11) Such corporation shall issue no stock.

(12) No officer or member of such corporation shall have any personal share or interest in any funds or property of the corporation or be subject to any personal liability by reason of any liability of the corporation.

(13) The Minnesota state armory building commission created under section 193.142 shall keep all money and credits received by it as a single fund, to be designated as the "Minnesota state armory building commission fund," with separate accounts for each armory; and the commission may make transfers of money from funds appertaining to any armory under its control for use for any other such armory; provided such transfers shall be made only from money on hand, from time to time, in excess of the amounts required to meet payments of interest or principal on bonds or other obligations appertaining to the armory to which such funds pertain and only when necessary to pay expenses of construction, operation, maintenance, and debt service of such other armory; provided further, no such transfer of any money paid for the support of any armory by the municipality in which such armory is situated shall be made by the commission.

(14) The corporation created under section 193.142 may designate one or more state or national banks as depositories of its funds, and may provide, upon such conditions as the corporation may determine, that the treasurer of the corporation shall be exempt from personal liability for loss of funds deposited in any such depository due to the insolvency or other acts or omissions of such depository.

(15) The governor is empowered to apply for grants of money, equipment, and materials which may be made available to the states by the federal government for leasing, building, and equipping armories for the use of the military forces of the state which are reserve components of the armed forces of the United States, whenever the governor is satisfied that the conditions under which such grants are offered by the federal government, are for the best interests of the state and are not inconsistent with the laws of the state relating to armories, and to accept such grants in the name of the state. The Minnesota state armory building commission is designated as the agency of the state to receive such grants and to use them for armory purposes as prescribed in this chapter, and by federal laws, and regulations not inconsistent therewith.

Sec. 18. Minnesota Statutes 1994, section 193.144, subdivision 1, is amended to read:

Subdivision 1. [AUTHORITY TO PROVIDE SITE.] Any county or municipality as defined in section 471.345, subdivision 1, desiring to construct a new armory may provide a site therefor as hereinafter provided.

Sec. 19. Minnesota Statutes 1994, section 193.144, subdivision 2, is amended to read:

Subd. 2. [ACQUISITION OF SITE; CONVEYANCE TO CORPORATION.] If such county or municipality as defined in section 471.345, subdivision 1, shall desire to have a new armory constructed, such county or municipality may secure by purchase, gift, or condemnation, and may convey to such corporation, a site for such new armory approved as suitable therefor by the adjutant general. In case such site or any part thereof or interest therein is owned or controlled by the board of park commissioners of such county or municipality or by any other governmental agency therein except the state or county or municipality, such board or other agency may convey the same by way of gift or sale to such corporation without charge.

Sec. 20. Minnesota Statutes 1994, section 193.144, subdivision 6, is amended to read:

Subd. 6. [DISPOSAL OF UNUSED SITE.] In case any land acquired for armory site purposes hereunder has been donated to such corporation by such county or municipality or by other governmental agency except the state, and in case such land or any part thereof shall thereafter not be used for armory purposes for a continuous period of more than ten years, not including the period of any war or other emergency in which the armed forces of the state may be engaged, the title to such unused land or part thereof shall thereupon pass, revert and be vested in such county, municipality or other governmental agency which donated the same, subject to any encumbrances that may have been lawfully placed thereon by such corporation or otherwise the county or municipality may provide written notice to the adjutant general and, if the property is not used for armory purposes within one year from the notice, the adjutant general shall reconvey the property to the donor county or municipality.


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Sec. 21. Minnesota Statutes 1994, section 193.145, subdivision 2, is amended to read:

Subd. 2. [TAX LEVY.] A county or municipality, as defined in section 471.345, subdivision 1, in which an armory has been constructed or is to be constructed hereunder may by resolution of its governing body irrevocably provide for levying and collecting annually for a specified period, not exceeding 40 years, a tax on the taxable property in the county or municipality.

The proceeds of the levy shall be paid to the corporation for the purposes herein prescribed. The county or municipality may make the levies and payments and bind itself thereto by resolution of its governing body. The provisions of the resolution may be made conditional upon the giving of an agreement by the adjutant general as authorized in subdivision 4. The obligations of the county or municipality to levy, collect, and pay over the taxes shall not be deemed to constitute an indebtedness of the county or municipality within the meaning of any provision of law or of its charter limiting its total or net indebtedness, and such taxes may be levied and collected without regard to any charter provision limiting the amount or rate of taxes which such county or municipality is otherwise authorized to levy.

Sec. 22. Minnesota Statutes 1994, section 193.145, subdivision 4, is amended to read:

Subd. 4. [PAYMENTS BY ADJUTANT GENERAL.] In addition to the payments by the state under subdivision 3, The adjutant general is hereby authorized to pay to such corporation, out of any moneys which may from time to time be appropriated to and for the military department and not appropriated or set apart for any other specific purpose, the sum of not less than $3,000 per year for each unit of the national guard quartered in such armory when only one such unit is so quartered, and the sum of not less than $2,000 per year for each additional unit when more than one such unit is so quartered, and may bind the office of the adjutant general, both currently and in the future, by agreement to such corporation to make such payments in a specific amount or amounts out of such appropriations for a period of not more than 40 years.

Sec. 23. Minnesota Statutes 1994, section 193.145, subdivision 5, is amended to read:

Subd. 5. [LEASE TO STATE.] Upon completion of each new armory such corporation shall lease the same to the state through the adjutant general, until such armory and site shall be conveyed to the state as hereinafter provided. Such lease shall be made upon such terms and conditions as shall secure to the state the full and complete use of such armory, for armory and military purposes so far as may be required for the headquarters, organizations, and units of the national guard stationed in such municipality, and upon such other terms and conditions not inconsistent therewith as may be agreed upon; provided, that, except for such use of such property for armory and military purposes which will be secured to the state as aforesaid, such lease shall be subject to any encumbrance placed upon the property to secure the payment of any bonds issued as herein provided. No further consideration for such lease shall be required than the payments to be made by the state as provided by subdivisions 3 and subdivision 4. Otherwise, and so far as it is not inconsistent with the terms and conditions of such lease to the state and so far as will not interfere with the use by the state of such property for armory or military purposes, such corporation may lease, rent, or otherwise make use of such new armory building or any part thereof for such purposes and upon such terms as such corporation may deem proper, and may use the rents and profits therefrom for the purposes herein provided.

Sec. 24. Minnesota Statutes 1994, section 193.148, is amended to read:

193.148 [CONVEYANCE TO STATE.]

When payment has been made of all indebtedness incurred by such corporation incident to the procurement, erection, equipment, and operation of any armory built under the provisions of sections 193.141 to 193.149, including the payment in full of the principal and interest of all bonds issued by such corporation to cover the cost of such armory or the full repayment of any commission funds expended for the construction of such armory, such corporation shall transfer and convey such armory building and the site thereof to the state of Minnesota, for military purposes, to be administered as are other state-owned armories.

Any unencumbered balance then held by the commission accruing to such armory shall be paid over to the adjutant general retained to be applied to the future maintenance, repair, and equipment of such armory, as provided for in section 193.29 armories.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8337

Sec. 25. Minnesota Statutes 1994, section 198.003, subdivision 1, is amended to read:

Subdivision 1. [POLICY; RULES; REPORT.] It is the duty of the board and The board has the power to:

(1) shall determine policy and, subject to chapter 14, adopt, amend, and repeal rules for the governance of the homes, and to adopt emergency rules necessary to implement this chapter. With respect to residents' administrative appeal time periods that are not established by statute, the board may create by rule reasonable time periods within which a resident must appeal an administrative determination to the next administrative level. If the determination is not appealed within the time set by rule, the determination becomes final;.

(2) report quarterly to the governor on the management, operations, and quality of care provided at the homes; and

(3) The board shall take other action as provided by law.

Emergency rules adopted under this section are not effective after December 31, 1989.

Sec. 26. [PLAQUE HONORING MINNESOTA'S WOMEN VETERANS.]

A memorial plaque recognizing Minnesota's women veterans of all wars may be placed in the court of honor on the capitol grounds. The plaque must be furnished by a person or organization other than the department of veterans affairs and approved by the commissioner of veterans affairs and the capitol area architectural and planning board.

Sec. 27. [REPEALER.]

Minnesota Statutes 1994, sections 190.10; 190.13; 190.29; 192.36; 192.435; 192.44; 192.45; 192.46; 192.47; and 192.51, subdivision 2, are repealed.

Sec. 28. [EFFECTIVE DATE.]

Section 26 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to the military; changing certain military requirements, procedures, and duties; clarifying certain language; changing armory provisions; eliminating a report; authorizing the placement of a plaque on the capitol grounds recognizing the service of women veterans from all wars; amending Minnesota Statutes 1994, sections 190.02; 190.05, by adding subdivisions; 190.07; 190.16, subdivision 2; 190.25, subdivision 1; 192.19; 192.20; 192.23; 192.37; 192.38, subdivision 1; 192.40; 192.49; 193.142, subdivisions 1, 2, and 3; 193.143; 193.144, subdivisions 1, 2, and 6; 193.145, subdivisions 2, 4, and 5; 193.148; and 198.003, subdivision 1; repealing Minnesota Statutes 1994, sections 190.10; 190.13; 190.29; 192.36; 192.435; 192.44; 192.45; 192.46; 192.47; and 192.51, subdivision 2."

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF SENATE BILLS

S. F. Nos. 1956, 2503, 2874 and 2419 were read for the second time.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 3070, A bill for an act relating to economic development; modifying the neighborhood revitalization program; amending Minnesota Statutes 1994, section 469.1831, subdivisions 3 and 6.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8338

Mr. Speaker:

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

H. F. No. 2059, A bill for an act relating to veterinarians; changing the veterinary practice act; amending Minnesota Statutes 1994, sections 156.001, subdivisions 3 and 6; 156.01, subdivisions 1, 2, 5, and by adding a subdivision; 156.02; 156.04; 156.05; 156.06; 156.07; 156.071; 156.072; 156.081; 156.10; 156.12, subdivisions 2, 3, and 4; 156.16, subdivisions 3 and 14; 156.17; and 156.18, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 156; repealing Minnesota Statutes 1994, section 156.12, subdivision 5.

The Senate has appointed as such committee:

Messrs. Dille, Kelly and Solon.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2190, A bill for an act relating to health; providing for the cancellation of recodification efforts; repealing Laws 1994, chapter 625, article 5, section 5, as amended.

The Senate has appointed as such committee:

Mses. Berglin, Piper and Kiscaden.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2206, A bill for an act relating to education; removing mandates from higher education; requiring increased accountability and performance for funding; amending Minnesota Statutes 1994, sections 15.43, subdivisions 2 and 3; 16B.01, subdivision 2; 16B.21, subdivisions 1 and 3; 16B.33, subdivisions 1, 3, 4, and by adding a subdivision; 16B.35, by adding a subdivision; 16B.41, subdivision 2; 16B.482; 16B.49; 16B.531; 16B.54, subdivision 1; 16B.85, subdivision 2; 43A.05, subdivision 4; 43A.10, subdivision 3; 123.70, subdivision 10; 135A.033; 135A.14, as amended; 137.37; 169.448, subdivision 2; 201.1611; and 248.07, subdivision 7; Minnesota Statutes 1995 Supplement, sections 16B.17, subdivision 6; 16B.465, subdivision 4; 43A.06, subdivision 1; 135A.181; 136A.101, subdivision 10; 136F.06, subdivisions 1 and 2; 136F.12; 136F.16, subdivision 3; 136F.18; 136F.30; 136F.36, subdivision 2; 136F.44; 136F.50; 136F.53, subdivisions 1 and 3; 136F.58; 136F.71, by adding a subdivision; 136F.72, subdivision 3; 136F.80, subdivision 2; and 169.441, subdivision 5; Laws 1995, chapter 212, article 2, sections 15; and 20, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; and 136F; repealing Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; and 137.33; Minnesota Statutes 1995 Supplement, sections 135A.08; 136F.25; and 136F.59, subdivision 1; Laws 1995, chapter 212, article 1, section 6, subdivision 1.

The Senate has appointed as such committee:

Mr. Murphy; Ms. Wiener and Mr. Larson.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8339

Mr. Speaker:

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

H. F. No. 2321, A bill for an act relating to the metropolitan airports commission; prohibiting free parking; amending Minnesota Statutes 1994, section 473.608, by adding a subdivision.

The Senate has appointed as such committee:

Messrs. Marty, Larson and Ms. Flynn.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2330, A bill for an act relating to land use planning; requesting the St. Cloud area planning organization to assess and report on the land use planning and coordinating issues of the region.

The Senate has appointed as such committee:

Messrs. Kleis, Hottinger and Sams.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2413, A bill for an act relating to cemeteries; clarifying procedures for examination of certain accounts and records by the state auditor; providing for transfer of cemeteries to and from local units of government; amending Minnesota Statutes 1994, sections 149.13, subdivision 5; 306.02, subdivision 2; 306.025; 306.243, by adding a subdivision; and 306.97.

The Senate has appointed as such committee:

Ms. Johnson, J. B.; Messrs. Price and Oliver.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2519, A bill for an act relating to the environment; increasing the amount of reimbursement available for cleanup of petroleum releases by certain responsible persons; amending Minnesota Statutes 1995 Supplement, section 115C.09, subdivision 3.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8340

The Senate has appointed as such committee:

Messrs. Morse, Price and Mrs. Pariseau.

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. 2194, A bill for an act relating to metropolitan government; allowing the metropolitan council to determine an allocation method for wastewater services; amending Minnesota Statutes 1994, sections 473.511, subdivision 4; 473.517; and 473.519.

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

Ms. Flynn; Messrs. Mondale and Oliver.

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

Mahon 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. 2194. The motion prevailed.

Mr. Speaker:

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

S. F. No. 2445, A bill for an act relating to natural resources; clarifying status of game refuge designations; removing the residency requirement for youth hunting; permitting nonresident students to take big game; modifying provisions relating to short-term fishing licenses, special permits, commercial fishing, taking deer, moose licenses, blaze orange, trout and salmon stamps, and sturgeon and paddlefish; removing certain provisions relating to wild rice; requiring a review; amending Minnesota Statutes 1994, sections 97A.015, by adding a subdivision; 97A.401, subdivision 4; 97A.411, subdivision 1; 97A.431, subdivision 2; 97A.451, by adding a subdivision; 97A.455; 97A.475, subdivisions 30, 31, 32, 33, 34, 35, 36, and 37; 97A.535, by adding a subdivision; 97B.021, subdivision 1; 97B.071; 97B.311; 97C.035, subdivision 3; 97C.305, subdivision 2; 97C.411; 97C.811, subdivision 6; 97C.815, subdivision 4; 97C.835 subdivisions 1 and 5; 97C.841; Minnesota Statutes 1995 Supplement, sections 14.387; and 97A.451, subdivision 3; Laws 1995, chapter 220, section 137; repealing Minnesota Statutes 1994, section 84.09; and Laws 1995, chapter 220, section 136.

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

Ms. Johnson, J. B.; Messrs. Merriam; Frederickson; Morse and Mrs. Pariseau.

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

Milbert moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 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. 2445. The motion prevailed.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8341

Mr. Speaker:

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

S. F. No. 2410, A bill for an act relating to data practices; providing for the classification of and access to government data; clarifying data provisions; prohibiting agreements limiting the disclosure and discussion of personnel data; requiring notice and approval of employment settlements by the commissioner of employee relations; modifying the requirements for health care provider identification numbers; establishing procedures for disclosing certain nonpublic data to related group purchasers; requiring the office of mental health practice to establish procedures for the exchange of information; authorizing the release of certain birth information on unwed mothers to family service collaboratives; regulating the disclosure of personal information contained in motor vehicle records; regulating certain criminal justice information; amending Minnesota Statutes 1994, sections 13.02, by adding a subdivision; 13.03, subdivision 4; 13.32, subdivision 5; 13.37, by adding a subdivision; 13.43, by adding subdivisions; 13.82, subdivision 13, and by adding a subdivision; 43A.04, by adding a subdivision; 62J.51, by adding subdivisions; 62J.56, subdivision 2; 62J.60, subdivisions 2 and 3; 144.225, subdivision 2, and by adding a subdivision; 145.64, by adding a subdivision; 148B.66, by adding a subdivision; 150A.081; 168.346; 171.12, subdivision 7, and by adding a subdivision; 260.161, subdivisions 1 and 1a; and 299C.095; Minnesota Statutes 1995 Supplement, sections 13.43, subdivision 2; 13.46, subdivision 2; 62J.451, subdivisions 7, 9, and 12; 62J.54, subdivisions 1, 2, and 3; 62J.58; 62Q.03, subdivision 9; 144.335, subdivision 3a; and 268.12, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Ms. Ranum; Mr. Merriam and Ms. 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

McGuire 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. 2410. The motion prevailed.

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. 2478, A bill for an act relating to consumer protection; restricting the provision of immigration services; regulating notaries public; providing penalties; proposing coding for new law in Minnesota Statutes, chapters 325E; and 359.

Patrick E. Flahaven, Secretary of the Senate

Mariani moved that the House refuse to concur in the Senate amendments to H. F. No. 2478, 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.

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. 2298, A bill for an act relating to government efficiency; extending the effective period of certain exemptions granted by the board of government innovation and cooperation; granting independent school district No. 2134, United South Central, a waiver from a law related to elections; amending Minnesota Statutes 1995 Supplement, section 465.797, subdivision 5.

Patrick E. Flahaven, Secretary of the Senate


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8342

Marko moved that the House refuse to concur in the Senate amendments to H. F. No. 2298, 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.

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. 2834, A bill for an act relating to watercraft; modifying the requirements for operation of a motor boat by a youth; modifying the provisions for operation of a personal watercraft by a youth; amending Minnesota Statutes 1994, sections 86B.305, subdivisions 1 and 2; and 86B.313, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

Hasskamp moved that the House refuse to concur in the Senate amendments to H. F. No. 2834, 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.

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. 2112, A bill for an act relating to the environment; authorizing establishment of municipal individual sewage treatment system and contaminated well loan programs; proposing coding for new law in Minnesota Statutes, chapter 115.

Patrick E. Flahaven, Secretary of the Senate

Bishop moved that the House refuse to concur in the Senate amendments to H. F. No. 2112, 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.

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. 2672, A bill for an act relating to landlords and tenants; changing the interest rate on security deposits; providing for a legislative review; amending Minnesota Statutes 1994, section 504.20, subdivision 2; repealing Laws 1992, chapter 555, article 2, section 2.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Jennings moved that the House concur in the Senate amendments to H. F. No. 2672 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2672, A bill for an act relating to landlords and tenants; changing the interest rate on security deposits; providing for a legislative review; amending Minnesota Statutes 1994, section 504.20, subdivision 2; repealing Laws 1992, chapter 555, article 2, section 2.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8343

The question was taken on the repassage of the bill and the roll was called. There were 93 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Abrams       Dorn         Kinkel       Munger       Schumacher
Anderson, B. Erhardt      Knoblach     Murphy       Seagren
Anderson, R. Farrell      Koppendrayer Ness         Skoglund
Bertram      Finseth      Kraus        Olson, E.    Sviggum
Bettermann   Garcia       Leighton     Olson, M.    Swenson, D.
Bishop       Girard       Leppik       Onnen        Swenson, H.
Boudreau     Goodno       Lieder       Opatz        Sykora
Bradley      Gunther      Lindner      Osskopp      Tompkins
Broecker     Haas         Luther       Ostrom       Van Dellen
Brown        Hackbarth    Lynch        Otremba      Van Engen
Carlson, S.  Harder       Macklin      Ozment       Vickerman
Commers      Holsten      Mahon        Paulsen      Warkentin
Cooper       Huntley      Mares        Pellow       Weaver
Daggett      Jefferson    Mariani      Pelowski     Wejcman
Dauner       Jennings     McCollum     Perlt        Winter
Davids       Johnson, A.  McElroy      Peterson     Wolf
Dehler       Johnson, V.  Milbert      Pugh         Worke 
Delmont      Kelley       Molnau       Rhodes       
Dempsey      Kelso        Mulder       Rostberg     
Those who voted in the negative were:

Bakk         Greiling     Knight       Osthoff      Tomassoni
Carlson, L.  Hasskamp     Krinkie      Rest         Trimble
Carruthers   Hausman      Long         Rice         Tunheim
Clark        Jaros        Lourey       Rukavina     Wagenius
Dawkins      Johnson, R.  Marko        Sarna        Wenzel
Entenza      Kahn         McGuire      Smith        Sp.Anderson,I
Greenfield   Kalis        Orfield      Solberg      
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

H. F. No. 2532, A bill for an act relating to the Minneapolis park and recreation board; providing for the appointment of various employees; amending Laws 1969, chapter 1024, section 1, as amended.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Long moved that the House concur in the Senate amendments to H. F. No. 2532 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2532, A bill for an act relating to the Minneapolis park and recreation board; providing for the appointment of various employees; amending Laws 1969, chapter 1024, section 1, as amended.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

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

Those who voted in the affirmative were:

Abrams       Erhardt      Knight       Murphy       Skoglund
Anderson, B. Farrell      Knoblach     Ness         Smith
Anderson, R. Finseth      Koppendrayer Olson, E.    Solberg
Bakk         Garcia       Kraus        Olson, M.    Sviggum
Bertram      Girard       Krinkie      Onnen        Swenson, D.
Bettermann   Goodno       Larsen       Opatz        Swenson, H.
Bishop       Greiling     Leighton     Orfield      Sykora
Boudreau     Gunther      Leppik       Osskopp      Tomassoni
Bradley      Haas         Lieder       Osthoff      Tompkins
Broecker     Hackbarth    Lindner      Ostrom       Trimble
Brown        Harder       Long         Otremba      Tunheim
Carlson, L.  Hasskamp     Lourey       Ozment       Van Dellen
Carlson, S.  Hausman      Luther       Paulsen      Van Engen
Carruthers   Holsten      Lynch        Pellow       Vickerman
Clark        Huntley      Macklin      Pelowski     Wagenius
Commers      Jaros        Mahon        Perlt        Warkentin
Cooper       Jefferson    Mares        Peterson     Weaver
Daggett      Jennings     Mariani      Pugh         Wejcman
Dauner       Johnson, A.  Marko        Rest         Wenzel
Davids       Johnson, R.  McCollum     Rhodes       Winter
Dawkins      Johnson, V.  McElroy      Rice         Wolf

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8344
Dehler Kahn McGuire Rostberg Worke Delmont Kalis Milbert Rukavina Sp.Anderson,I Dempsey Kelley Molnau Sarna Dorn Kelso Mulder Schumacher Entenza Kinkel Munger Seagren
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

H. F. No. 3013, A bill for an act relating to the environment; modifying provisions relating to the environmental improvement pilot program; providing penalties; amending Minnesota Statutes 1995 Supplement, section 115B.03, subdivision 9; Laws 1995, chapter 168, sections 9, subdivisions 3, 4, and 7; 13, subdivisions 1, 2, 3, and by adding a subdivision; and 19; repealing Laws 1995, chapter 168, section 11.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Long moved that the House concur in the Senate amendments to H. F. No. 3013 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3013, A bill for an act relating to the environment; modifying provisions relating to the environmental improvement pilot program; adopting federal standards for environmental marketing claims; providing penalties; amending Minnesota Statutes 1995 Supplement, section 115B.03, subdivision 9; Laws 1995, chapter 168, sections 9, subdivisions 3, 4, and 7; 13, subdivisions 1, 2, 3, and by adding a subdivision; and 19; proposing coding for new law in Minnesota Statutes, Chapter 325E; repealing Minnesota Statutes 1994, section 115A.56; Laws 1995, chapter 168, section 11.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

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

Those who voted in the affirmative were:

Abrams       Erhardt      Kinkel       Munger       Seagren
Anderson, B. Farrell      Knight       Murphy       Skoglund
Anderson, R. Finseth      Knoblach     Ness         Smith
Bakk         Garcia       Koppendrayer Olson, E.    Solberg

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8345
Bertram Girard Kraus Olson, M. Sviggum Bettermann Goodno Krinkie Onnen Swenson, D. Bishop Greenfield Larsen Opatz Swenson, H. Boudreau Greiling Leighton Orfield Sykora Bradley Gunther Leppik Osskopp Tomassoni Broecker Haas Lieder Osthoff Tompkins Brown Hackbarth Lindner Ostrom Trimble Carlson, L. Harder Long Otremba Tunheim Carlson, S. Hasskamp Lourey Ozment Van Dellen Carruthers Hausman Luther Paulsen Van Engen Clark Holsten Lynch Pellow Vickerman Commers Huntley Macklin Pelowski Wagenius Cooper Jaros Mahon Perlt Warkentin Daggett Jefferson Mares Peterson Weaver Dauner Jennings Mariani Pugh Wejcman Davids Johnson, A. Marko Rest Wenzel Dawkins Johnson, R. McCollum Rhodes Winter Dehler Johnson, V. McElroy Rice Wolf Delmont Kahn McGuire Rostberg Worke Dempsey Kalis Milbert Rukavina Sp.Anderson,I Dorn Kelley Molnau Sarna Entenza Kelso Mulder Schumacher
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

H. F. No. 3217, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Olson, E., moved that the House concur in the Senate amendments to H. F. No. 3217 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3217, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money; amending Minnesota Statutes 1994, section 3.739, subdivisions 2 and 2a.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kinkel       Ness         Smith
Anderson, B. Farrell      Knoblach     Olson, E.    Solberg
Anderson, R. Finseth      Koppendrayer Olson, M.    Sviggum
Bakk         Garcia       Kraus        Onnen        Swenson, D.
Bertram      Girard       Larsen       Opatz        Swenson, H.
Bettermann   Goodno       Leighton     Orfield      Sykora
Bishop       Greenfield   Leppik       Osskopp      Tomassoni
Boudreau     Greiling     Lieder       Osthoff      Tompkins
Bradley      Gunther      Lindner      Ostrom       Trimble
Broecker     Haas         Long         Otremba      Tunheim
Brown        Hackbarth    Lourey       Ozment       Van Dellen
Carlson, L.  Harder       Luther       Paulsen      Van Engen
Carlson, S.  Hasskamp     Lynch        Pellow       Vickerman
Carruthers   Hausman      Macklin      Pelowski     Wagenius
Clark        Holsten      Mahon        Perlt        Warkentin
Commers      Huntley      Mares        Peterson     Weaver
Cooper       Jaros        Mariani      Pugh         Wejcman
Daggett      Jefferson    Marko        Rest         Wenzel
Dauner       Jennings     McCollum     Rhodes       Winter
Davids       Johnson, A.  McElroy      Rice         Wolf
Dawkins      Johnson, R.  McGuire      Rostberg     Worke
Dehler       Johnson, V.  Milbert      Rukavina     Sp.Anderson,I

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8346
Delmont Kahn Molnau Sarna Dempsey Kalis Mulder Schumacher Dorn Kelley Munger Seagren Entenza Kelso Murphy Skoglund
Those who voted in the negative were:

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

Mr. Speaker:

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

H. F. No. 1704, A bill for an act relating to commerce; making various technical and conforming changes related to limited liability companies; regulating investment securities; amending Minnesota Statutes 1994, sections 322B.105; 322B.115, subdivisions 2, 3, and 4; 322B.125, subdivision 1; 322B.135, subdivision 3; 322B.145; 322B.15, subdivisions 1, 3, and 4; 322B.155; 322B.175; 322B.20, subdivision 2; 322B.30, subdivision 3; 322B.313, subdivision 2; 322B.33, subdivisions 4 and 9; 322B.34, subdivisions 1 and 3; 322B.346, subdivision 2; 322B.36, subdivisions 2 and 3; 322B.363, subdivision 1; 322B.373, subdivision 2; 322B.376; 322B.383, subdivision 1; 322B.386, subdivisions 4 and 7; 322B.40, subdivision 6; 322B.42, subdivisions 2 and 4; 322B.54, subdivision 1; 322B.56, subdivision 1; 322B.60, subdivision 2; 322B.643, subdivision 3; 322B.646; 322B.653; 322B.666, subdivision 2; 322B.693, subdivision 1; 322B.699, subdivision 6; 322B.72, subdivisions 2 and 3; 322B.75, subdivision 1; 322B.77, subdivision 1; 322B.803, subdivisions 1 and 2; 322B.813, subdivision 5; 322B.833, subdivisions 1, 2, and 4; Minnesota Statutes 1995 Supplement, sections 322B.12, subdivision 1; 336.8-103; and 336.8-603.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Rest moved that the House concur in the Senate amendments to H. F. No. 1704 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1704, A bill for an act relating to commerce; making various technical and conforming changes related to limited liability companies; regulating investment securities; amending Minnesota Statutes 1994, sections 322B.105; 322B.115, subdivisions 2, 3, and 4; 322B.125, subdivision 1; 322B.135, subdivision 3; 322B.145; 322B.15, subdivisions 1, 3, and 4; 322B.155; 322B.175; 322B.20, subdivision 2; 322B.30, subdivision 3; 322B.313, subdivision 2; 322B.33, subdivisions 4 and 9; 322B.34, subdivisions 1 and 3; 322B.346, subdivision 2; 322B.36, subdivisions 2 and 3; 322B.363, subdivision 1; 322B.373, subdivision 2; 322B.376; 322B.383, subdivision 1; 322B.386, subdivisions 4 and 7; 322B.40, subdivision 6; 322B.42, subdivisions 2 and 4; 322B.54, subdivision 1; 322B.56, subdivision 1; 322B.60, subdivision 2; 322B.643, subdivision 3; 322B.646; 322B.653; 322B.666, subdivision 2; 322B.693, subdivision 1; 322B.699, subdivision 6; 322B.72, subdivisions 2 and 3; 322B.75, subdivision 1; 322B.77, subdivision 1; 322B.803, subdivisions 1 and 2; 322B.813, subdivision 5; 322B.833, subdivisions 1, 2, and 4; Minnesota Statutes 1995 Supplement, sections 322B.12, subdivision 1; 336.8-103; and 336.8-603.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

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

Those who voted in the affirmative were:

Abrams       Erhardt      Kinkel       Munger       Seagren
Anderson, B. Farrell      Knight       Murphy       Skoglund
Anderson, R. Finseth      Knoblach     Ness         Smith
Bakk         Garcia       Koppendrayer Olson, E.    Solberg
Bertram      Girard       Kraus        Olson, M.    Sviggum
Bettermann   Goodno       Krinkie      Onnen        Swenson, D.
Bishop       Greenfield   Larsen       Opatz        Swenson, H.
Boudreau     Greiling     Leighton     Orfield      Sykora
Bradley      Gunther      Leppik       Osskopp      Tomassoni
Broecker     Haas         Lieder       Osthoff      Tompkins
Brown        Hackbarth    Lindner      Ostrom       Trimble
Carlson, L.  Harder       Long         Otremba      Tunheim
Carlson, S.  Hasskamp     Lourey       Ozment       Van Dellen
Carruthers   Hausman      Luther       Paulsen      Van Engen
Clark        Holsten      Lynch        Pellow       Vickerman
Commers      Huntley      Macklin      Pelowski     Wagenius
Cooper       Jaros        Mahon        Perlt        Warkentin
Daggett      Jefferson    Mares        Peterson     Weaver
Dauner       Jennings     Mariani      Pugh         Wejcman
Davids       Johnson, A.  Marko        Rest         Wenzel
Dawkins      Johnson, R.  McCollum     Rhodes       Winter
Dehler       Johnson, V.  McElroy      Rice         Wolf
Delmont      Kahn         McGuire      Rostberg     Worke

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8347
Dempsey Kalis Milbert Rukavina Sp.Anderson,I Dorn Kelley Molnau Sarna Entenza Kelso Mulder Schumacher
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

H. F. No. 2415, A bill for an act relating to housing; modifying procedures for allocating bonding authority to cities for single-family housing; making technical corrections; amending Minnesota Statutes 1994, sections 474A.061, subdivision 2b; 474A.131, subdivisions 1 and 1a; and 474A.14; Minnesota Statutes 1995 Supplement, sections 474A.061, subdivisions 2a and 2c; and 474A.091, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 474A.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Rest moved that the House concur in the Senate amendments to H. F. No. 2415 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2415, A bill for an act relating to housing; making technical and policy changes to the low-income housing tax credit program; modifying procedures for allocating bonding authority to cities for single-family housing; making technical corrections; amending Minnesota Statutes 1994, sections 462A.222, subdivisions 1, 1a, 3, and 4; 462A.223, subdivision 2; 462C.05, by adding a subdivision; 474A.061, subdivision 2b; 474A.131, subdivisions 1 and 1a; and 474A.14; Minnesota Statutes 1995 Supplement, sections 474A.061, subdivisions 2a and 2c; and 474A.091, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 474A.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

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

Those who voted in the affirmative were:

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

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8348
Erhardt Knight Murphy Seagren
The bill was repassed, as amended by the Senate, and its title agreed to.

The Speaker called Trimble to the Chair.

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. 2340, A bill for an act relating to health professions; providing for the registration of speech-language pathologists and audiologists by the department of health; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, parts 4750.0010; 4750.0020; 4750.0030; 4750.0040; 4750.0050; 4750.0060; 4750.0070; 4750.0080; 4750.0090; 4750.0100; 4750.0200; 4750.0300; 4750.0400; 4750.0500; 4750.0600; and 4750.0700.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Lourey moved that the House concur in the Senate amendments to H. F. No. 2340 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2340, A bill for an act relating to health professions; providing for the registration of speech-language pathologists and audiologists by the department of health; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, parts 4750.0010; 4750.0020; 4750.0030; 4750.0040; 4750.0050; 4750.0060; 4750.0070; 4750.0080; 4750.0090; 4750.0100; 4750.0200; 4750.0300; 4750.0400; 4750.0500; 4750.0600; and 4750.0700.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

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

Those who voted in the affirmative were:

Abrams       Erhardt      Kelso        Murphy       Skoglund
Anderson, B. Farrell      Kinkel       Ness         Smith
Anderson, R. Finseth      Knight       Olson, M.    Solberg
Bakk         Frerichs     Knoblach     Onnen        Stanek
Bertram      Garcia       Koppendrayer Opatz        Sviggum
Bettermann   Girard       Kraus        Orfield      Swenson, D.
Bishop       Goodno       Krinkie      Osskopp      Swenson, H.
Boudreau     Greenfield   Larsen       Osthoff      Sykora
Bradley      Greiling     Leighton     Ostrom       Tomassoni
Broecker     Gunther      Lindner      Otremba      Tompkins
Brown        Haas         Long         Ozment       Trimble
Carlson, L.  Hackbarth    Lourey       Paulsen      Tunheim
Carlson, S.  Harder       Luther       Pawlenty     Van Dellen

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8349
Carruthers Hasskamp Lynch Pellow Van Engen Clark Hausman Macklin Pelowski Vickerman Commers Holsten Mahon Perlt Wagenius Cooper Huntley Mares Peterson Warkentin Daggett Jaros Mariani Pugh Weaver Dauner Jefferson Marko Rest Wejcman Davids Jennings McCollum Rhodes Winter Dawkins Johnson, A. McElroy Rice Wolf Dehler Johnson, R. McGuire Rostberg Worke Delmont Johnson, V. Milbert Rukavina Sp.Anderson,I Dempsey Kahn Molnau Sarna Dorn Kalis Mulder Schumacher Entenza Kelley Munger Seagren
The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

S. F. Nos. 2198, 1111 and 1886.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2198, A bill for an act relating to statutes of limitations; reviving and extending certain civil actions barred by the statute of limitations.

The bill was read for the first time.

Pugh moved that S. F. No. 2198 and H. F. No. 2453, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1111, A bill for an act proposing an amendment to the Minnesota Constitution, article 1, by adding a section; affirming the right of citizens to hunt or take game and fish.

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

S. F. No. 1886, A bill for an act relating to human services; adding provisions for licensing programs; amending Minnesota Statutes 1994, sections 245A.04, subdivisions 3c, 4, 5, and 6; 245A.06, as amended; 245A.07, subdivision 1; 245A.08, subdivisions 1 and 2; and 245A.16, subdivision 2; Minnesota Statutes 1995 Supplement, sections 245A.02, subdivision 16; 245A.04, subdivisions 3b and 7; 245A.07, subdivision 3; 245A.09, subdivision 7; and 245A.11, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Rules, parts 9503.0170, subpart 7; 9555.8000; 9555.8100; 9555.8200; 9555.8300; 9555.8400; and 9555.8500.

The bill was read for the first time.

Wejcman moved that S. F. No. 1886 and H. F. No. 2248, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 3273.

H. F. No. 3273 was reported to the House.

Kalis, Kahn, Skoglund and Rukavina moved to amend H. F. No. 3273, the first engrossment, as follows:

Page 8, delete lines 22 to 28, and insert:

"(a) For a grant to special school district No. 1, Minneapolis, for an urban sports facility, to be owned by the district. The facility must be located on land owned by the district."


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8350

Page 8, delete lines 31 to 41, and insert:

"(1) The site for the facility has been provided at no cost to the commission;"

Page 8, line 55, delete "for the commission"

The motion prevailed and the amendment was adopted.

Davids moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 19, after line 17, insert:

"Subd. 6. Mabel-Canton School District Grant 2,000,000

For a grant to independent school district No. 238, Mabel-Canton, for construction of a new school. This grant is in lieu of debt service equalization aid. This appropriation is contingent upon commitment by the district of $2,500,000."

Correct the subdivision and section totals and the summaries by fund accordingly

The question was taken on the Davids amendment and the roll was called. There were 55 yeas and 78 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dempsey      Knoblach     Ness         Stanek
Bettermann   Erhardt      Koppendrayer Olson, M.    Swenson, D.
Bishop       Frerichs     Kraus        Onnen        Swenson, H.
Boudreau     Girard       Larsen       Osskopp      Tuma
Bradley      Goodno       Leppik       Ozment       Van Engen
Broecker     Gunther      Lindner      Paulsen      Vickerman
Carlson, S.  Haas         Lynch        Pawlenty     Warkentin
Commers      Hackbarth    Mares        Pellow       Weaver
Daggett      Harder       McElroy      Rhodes       Wolf
Davids       Holsten      Molnau       Rostberg     Worke
Dehler       Johnson, V.  Mulder       Seagren      Workman 
Those who voted in the negative were:

Abrams       Garcia       Knight       Olson, E.    Smith
Anderson, R. Greenfield   Krinkie      Opatz        Solberg
Bakk         Greiling     Leighton     Orfield      Sviggum
Bertram      Hasskamp     Lieder       Osthoff      Sykora
Brown        Hausman      Long         Ostrom       Tomassoni
Carlson, L.  Huntley      Lourey       Otremba      Tompkins
Carruthers   Jaros        Luther       Pelowski     Trimble
Clark        Jefferson    Macklin      Perlt        Tunheim
Cooper       Jennings     Mahon        Peterson     Van Dellen
Dauner       Johnson, A.  Mariani      Pugh         Wagenius
Dawkins      Johnson, R.  Marko        Rest         Wejcman
Delmont      Kahn         McCollum     Rice         Wenzel
Dorn         Kalis        McGuire      Rukavina     Winter
Entenza      Kelley       Milbert      Sarna        Sp.Anderson,I
Farrell      Kelso        Munger       Schumacher   
Finseth      Kinkel       Murphy       Skoglund     
The motion did not prevail and the amendment was not adopted.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8351

CALL OF THE HOUSE

On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams       Farrell      Kinkel       Munger       Skoglund
Anderson, B. Finseth      Knight       Murphy       Smith
Anderson, R. Frerichs     Knoblach     Ness         Stanek
Bertram      Garcia       Koppendrayer Olson, E.    Sviggum
Bettermann   Girard       Kraus        Olson, M.    Swenson, D.
Bishop       Goodno       Krinkie      Onnen        Swenson, H.
Boudreau     Greenfield   Larsen       Opatz        Sykora
Bradley      Greiling     Leighton     Orfield      Tomassoni
Broecker     Gunther      Leppik       Osskopp      Tompkins
Brown        Haas         Lieder       Ostrom       Trimble
Carlson, L.  Hackbarth    Lindner      Otremba      Tuma
Carlson, S.  Harder       Long         Ozment       Tunheim
Carruthers   Hasskamp     Lourey       Paulsen      Van Dellen
Clark        Hausman      Luther       Pawlenty     Van Engen
Commers      Holsten      Lynch        Pellow       Vickerman
Cooper       Huntley      Macklin      Pelowski     Wagenius
Daggett      Jaros        Mahon        Peterson     Warkentin
Dauner       Jefferson    Mares        Pugh         Weaver
Davids       Jennings     Mariani      Rest         Wejcman
Dawkins      Johnson, A.  Marko        Rhodes       Wenzel
Dehler       Johnson, R.  McCollum     Rice         Winter
Delmont      Johnson, V.  McElroy      Rostberg     Wolf
Dempsey      Kahn         McGuire      Rukavina     Worke
Dorn         Kalis        Milbert      Sarna        Workman
Entenza      Kelley       Molnau       Schumacher   Sp.Anderson,I
Erhardt      Kelso        Mulder       Seagren      
Carruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Krinkie, Knight and Haas moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 26, delete lines 15 to 40

Renumber the subdivisions in sequence

Correct the subdivision and section totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie et al amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 52 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knight       Onnen        Tompkins
Anderson, B. Finseth      Koppendrayer Paulsen      Tuma
Bettermann   Frerichs     Kraus        Pellow       Van Dellen
Boudreau     Girard       Krinkie      Rostberg     Vickerman
Bradley      Goodno       Larsen       Seagren      Weaver
Broecker     Gunther      Lindner      Smith        Wolf
Carlson, S.  Haas         Lynch        Stanek       Worke
Commers      Hackbarth    Macklin      Sviggum      Workman 
Daggett      Harder       Molnau       Swenson, D.  
Davids       Holsten      Mulder       Swenson, H.  
Dempsey      Johnson, V.  Olson, M.    Sykora       
Those who voted in the negative were:

Anderson, R. Greenfield   Leppik       Opatz        Skoglund
Bakk         Greiling     Lieder       Orfield      Solberg
Bertram      Hasskamp     Long         Osskopp      Tomassoni
Bishop       Hausman      Lourey       Ostrom       Trimble

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8352
Brown Huntley Luther Otremba Tunheim Carlson, L. Jaros Mahon Ozment Van Engen Carruthers Jefferson Mares Pawlenty Wagenius Clark Jennings Mariani Pelowski Warkentin Cooper Johnson, A. Marko Perlt Wejcman Dauner Johnson, R. McCollum Peterson Wenzel Dawkins Kahn McElroy Pugh Winter Dehler Kalis McGuire Rest Sp.Anderson,I Delmont Kelley Milbert Rhodes Dorn Kelso Munger Rice Entenza Kinkel Murphy Rukavina Farrell Knoblach Ness Sarna Garcia Leighton Olson, E. Schumacher
The motion did not prevail and the amendment was not adopted.

Knight moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 8, delete lines 7 to 13

Renumber the subdivisions in sequence

Correct the subdivision and section totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

The question was taken on the Knight amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 53 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Larsen       Pawlenty     Tuma
Anderson, B. Gunther      Leppik       Pellow       Van Dellen
Bettermann   Haas         Lindner      Rhodes       Van Engen
Boudreau     Hackbarth    Lynch        Rostberg     Vickerman
Bradley      Harder       Mares        Seagren      Warkentin
Broecker     Holsten      Molnau       Stanek       Weaver
Carlson, S.  Knight       Mulder       Sviggum      Wolf
Commers      Knoblach     Ness         Swenson, D.  Worke
Daggett      Koppendrayer Olson, M.    Swenson, H.  Workman 
Davids       Kraus        Onnen        Sykora       
Erhardt      Krinkie      Paulsen      Tompkins     
Those who voted in the negative were:

Anderson, R. Farrell      Kahn         Milbert      Rice
Bakk         Finseth      Kalis        Munger       Rukavina
Bertram      Frerichs     Kelley       Murphy       Sarna
Bishop       Garcia       Kelso        Olson, E.    Schumacher
Brown        Goodno       Kinkel       Opatz        Skoglund
Carlson, L.  Greenfield   Leighton     Orfield      Smith
Carruthers   Greiling     Lieder       Osskopp      Solberg
Clark        Hasskamp     Long         Osthoff      Tomassoni
Cooper       Hausman      Lourey       Ostrom       Trimble
Dauner       Huntley      Luther       Otremba      Tunheim
Dawkins      Jaros        Macklin      Ozment       Wagenius
Dehler       Jefferson    Mahon        Pelowski     Wejcman
Delmont      Jennings     Mariani      Perlt        Wenzel
Dempsey      Johnson, A.  Marko        Peterson     Winter
Dorn         Johnson, R.  McCollum     Pugh         Sp.Anderson,I
Entenza      Johnson, V.  McGuire      Rest         
The motion did not prevail and the amendment was not adopted.

Osskopp moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 28, line 11, delete "34,615,000" and insert "34,915,000"


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8353

Page 31, line 10, delete "3,000,000" and insert "3,300,000"

Page 31, after line 21, insert "$300,000 is for improvements to the Goodhue pioneer trail."

Page 35, line 42, delete "$467,670,000" and insert "$467,970,000"

Correct the summaries by fund accordingly

The question was taken on the Osskopp amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 33 yeas and 99 nays as follows:

Those who voted in the affirmative were:

Bettermann   Frerichs     Jaros        McElroy      Tuma
Boudreau     Girard       Johnson, V.  Osskopp      Van Dellen
Bradley      Goodno       Kahn         Ozment       Van Engen
Daggett      Gunther      Knoblach     Rukavina     Weaver
Davids       Hackbarth    Kraus        Sviggum      Worke 
Dempsey      Harder       Lynch        Swenson, D.  
Erhardt      Holsten      Mares        Tompkins     
Those who voted in the negative were:

Abrams       Finseth      Leighton     Olson, M.    Seagren
Anderson, B. Garcia       Leppik       Onnen        Skoglund
Anderson, R. Greenfield   Lieder       Opatz        Smith
Bakk         Greiling     Lindner      Orfield      Solberg
Bertram      Haas         Long         Osthoff      Stanek
Broecker     Hasskamp     Lourey       Ostrom       Swenson, H.
Brown        Hausman      Luther       Otremba      Sykora
Carlson, L.  Huntley      Macklin      Paulsen      Tomassoni
Carlson, S.  Jefferson    Mahon        Pawlenty     Trimble
Carruthers   Jennings     Mariani      Pellow       Tunheim
Clark        Johnson, A.  Marko        Pelowski     Vickerman
Commers      Johnson, R.  McCollum     Perlt        Wagenius
Cooper       Kalis        McGuire      Peterson     Warkentin
Dauner       Kelley       Milbert      Pugh         Wejcman
Dawkins      Kelso        Molnau       Rest         Wenzel
Dehler       Kinkel       Mulder       Rhodes       Winter
Delmont      Knight       Munger       Rice         Wolf
Dorn         Koppendrayer Murphy       Rostberg     Workman
Entenza      Krinkie      Ness         Sarna        Sp.Anderson,I
Farrell      Larsen       Olson, E.    Schumacher   
The motion did not prevail and the amendment was not adopted.

Van Dellen moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 27, delete lines 40 to 56

Renumber the subdivisions in sequence

Correct the subdivision and section totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

The question was taken on the Van Dellen amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 58 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Tompkins
Anderson, B. Frerichs     Kraus        Onnen        Tuma
Bettermann   Girard       Krinkie      Osskopp      Van Dellen
Boudreau     Goodno       Larsen       Paulsen      Van Engen
Bradley      Gunther      Leppik       Pellow       Vickerman
Broecker     Haas         Lindner      Rostberg     Warkentin
Carlson, S.  Hackbarth    Lynch        Seagren      Weaver
Commers      Harder       Macklin      Smith        Wolf
Daggett      Holsten      Mares        Stanek       Worke

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8354
Davids Johnson, V. Molnau Sviggum Workman Dehler Knight Mulder Swenson, D. Erhardt Knoblach Ness Sykora
Those who voted in the negative were:

Anderson, R. Garcia       Kinkel       Olson, E.    Rukavina
Bakk         Greenfield   Leighton     Opatz        Sarna
Bertram      Greiling     Lieder       Orfield      Schumacher
Brown        Hasskamp     Long         Osthoff      Skoglund
Carlson, L.  Hausman      Lourey       Ostrom       Solberg
Carruthers   Huntley      Luther       Otremba      Swenson, H.
Clark        Jaros        Mahon        Ozment       Tomassoni
Cooper       Jefferson    Mariani      Pawlenty     Trimble
Dauner       Jennings     Marko        Pelowski     Tunheim
Dawkins      Johnson, A.  McCollum     Perlt        Wagenius
Delmont      Johnson, R.  McElroy      Peterson     Wejcman
Dempsey      Kahn         McGuire      Pugh         Wenzel
Dorn         Kalis        Milbert      Rest         Winter
Entenza      Kelley       Munger       Rhodes       Sp.Anderson,I
Farrell      Kelso        Murphy       Rice         
The motion did not prevail and the amendment was not adopted.

Girard and Wenzel moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 35, line 20, delete everything after the period

Page 35, delete line 21

The motion prevailed and the amendment was adopted.

Frerichs moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 32, line 17, delete "$3,103,000" and insert "$2,444,000"

Page 32, delete lines 18 to 30

Page 32, line 32, delete "$2,973,000" and insert "$3,632,000"

A roll call was requested and properly seconded.

The question was taken on the Frerichs amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 59 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Sykora
Anderson, B. Frerichs     Kraus        Onnen        Tompkins
Bettermann   Girard       Krinkie      Osskopp      Tuma
Boudreau     Goodno       Larsen       Ozment       Van Dellen
Bradley      Gunther      Lindner      Paulsen      Van Engen
Broecker     Haas         Lynch        Rostberg     Vickerman
Carlson, S.  Hackbarth    Macklin      Seagren      Warkentin
Commers      Harder       Mares        Smith        Weaver
Daggett      Holsten      McElroy      Stanek       Wolf
Davids       Johnson, V.  Molnau       Sviggum      Worke
Dehler       Knight       Mulder       Swenson, D.  Workman 
Erhardt      Knoblach     Ness         Swenson, H.  

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8355
Those who voted in the negative were:

Anderson, R. Greenfield   Leppik       Orfield      Schumacher
Bakk         Greiling     Lieder       Osthoff      Skoglund
Bertram      Hasskamp     Long         Ostrom       Solberg
Brown        Hausman      Lourey       Otremba      Tomassoni
Carlson, L.  Huntley      Luther       Pawlenty     Trimble
Carruthers   Jefferson    Mahon        Pellow       Tunheim
Clark        Jennings     Mariani      Pelowski     Wagenius
Cooper       Johnson, A.  Marko        Perlt        Wejcman
Dauner       Johnson, R.  McCollum     Peterson     Wenzel
Delmont      Kahn         McGuire      Pugh         Winter
Dempsey      Kalis        Milbert      Rest         Sp.Anderson,I
Dorn         Kelley       Munger       Rhodes       
Entenza      Kelso        Murphy       Rice         
Farrell      Kinkel       Olson, E.    Rukavina     
Garcia       Leighton     Opatz        Sarna        
The motion did not prevail and the amendment was not adopted.

Van Dellen, Bishop, Jennings and Swenson, D., moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 10, line 19, delete "70,000,000" and insert "80,000,000"

Correct the subdivision and section totals and the summaries by fund accordingly

The question was taken on the Van Dellen et al amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 42 yeas and 90 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knight       Osskopp      Van Dellen
Bettermann   Frerichs     Koppendrayer Paulsen      Van Engen
Boudreau     Girard       Kraus        Pawlenty     Warkentin
Bradley      Goodno       Leppik       Pellow       Weaver
Carlson, S.  Gunther      Lindner      Rhodes       Wolf
Commers      Haas         Lynch        Seagren      Workman 
Daggett      Hackbarth    McElroy      Stanek       
Davids       Harder       Molnau       Sviggum      
Dempsey      Jennings     Olson, M.    Sykora       
Those who voted in the negative were:

Anderson, B. Greenfield   Leighton     Opatz        Swenson, D.
Anderson, R. Greiling     Lieder       Orfield      Swenson, H.
Bakk         Hasskamp     Long         Osthoff      Tomassoni
Bertram      Hausman      Lourey       Ostrom       Tompkins
Broecker     Holsten      Luther       Otremba      Trimble
Brown        Huntley      Macklin      Ozment       Tuma
Carlson, L.  Jaros        Mahon        Pelowski     Tunheim
Carruthers   Jefferson    Mares        Perlt        Vickerman
Clark        Johnson, A.  Mariani      Peterson     Wagenius
Cooper       Johnson, R.  Marko        Pugh         Wejcman
Dauner       Johnson, V.  McCollum     Rest         Wenzel
Dawkins      Kahn         McGuire      Rice         Winter
Dehler       Kalis        Milbert      Rostberg     Worke
Delmont      Kelley       Mulder       Rukavina     Sp.Anderson,I
Dorn         Kelso        Munger       Sarna        
Entenza      Kinkel       Murphy       Schumacher   
Farrell      Knoblach     Ness         Skoglund     
Finseth      Krinkie      Olson, E.    Smith        
Garcia       Larsen       Onnen        Solberg      
The motion did not prevail and the amendment was not adopted.

The Speaker resumed the Chair.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8356

Krinkie moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 10, after line 17, insert:

"Notwithstanding other law, all close, maximum, and high security correctional facilities that are built or remodeled after July 1, 1996, for the purpose of increasing inmate capacity must be designed and built to comply with multiple occupancy standards for at least 25 percent of the facilities' capacity and must include a maximum capacity figure."

A roll call was requested and properly seconded.

Knight moved to amend the Krinkie amendment to H. F. No. 3273, the first engrossment, as amended, as follows:

Page 1, line 11, delete "25" and insert "15"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 93 yeas and 39 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Farrell      Kelso        Milbert      Rukavina
Bakk         Finseth      Kinkel       Molnau       Sarna
Bertram      Frerichs     Knight       Mulder       Schumacher
Bettermann   Girard       Koppendrayer Murphy       Seagren
Boudreau     Goodno       Larsen       Olson, E.    Skoglund
Bradley      Greenfield   Leighton     Opatz        Stanek
Broecker     Greiling     Leppik       Orfield      Sviggum
Carlson, S.  Gunther      Lieder       Ostrom       Swenson, D.
Clark        Haas         Lindner      Otremba      Swenson, H.
Commers      Harder       Lourey       Ozment       Tomassoni
Cooper       Hasskamp     Luther       Pawlenty     Tompkins
Daggett      Hausman      Lynch        Pellow       Van Engen
Dauner       Holsten      Mahon        Pelowski     Vickerman
Davids       Jaros        Mares        Perlt        Wagenius
Dehler       Jefferson    Mariani      Peterson     Weaver
Delmont      Johnson, A.  Marko        Pugh         Winter
Dorn         Johnson, R.  McCollum     Rest         Worke 
Entenza      Johnson, V.  McElroy      Rice         
Erhardt      Kelley       McGuire      Rostberg     
Those who voted in the negative were:

Abrams       Garcia       Long         Paulsen      Van Dellen
Anderson, B. Hackbarth    Macklin      Rhodes       Warkentin
Bishop       Huntley      Munger       Smith        Wejcman
Brown        Kahn         Ness         Solberg      Wenzel
Carlson, L.  Kalis        Olson, M.    Sykora       Wolf
Carruthers   Knoblach     Onnen        Trimble      Workman
Dawkins      Kraus        Osskopp      Tuma         Sp.Anderson,I
Dempsey      Krinkie      Osthoff      Tunheim      
The motion prevailed and the amendment to the amendment was adopted.

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

The question recurred on the Krinkie amendment, as amended, and the roll was called. There were 125 yeas and 5 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Opatz        Swenson, D.
Anderson, B. Garcia       Larsen       Orfield      Swenson, H.
Anderson, R. Girard       Leighton     Osskopp      Sykora
Bakk         Goodno       Leppik       Osthoff      Tomassoni
Bertram      Greiling     Lieder       Ostrom       Tompkins
Bettermann   Gunther      Lindner      Otremba      Trimble
Bishop       Haas         Long         Ozment       Tuma
Boudreau     Hackbarth    Lourey       Paulsen      Tunheim
Bradley      Harder       Luther       Pawlenty     Van Dellen
Broecker     Hasskamp     Lynch        Pellow       Van Engen
Brown        Holsten      Macklin      Pelowski     Vickerman
Carlson, L.  Huntley      Mares        Perlt        Wagenius
Carlson, S.  Jaros        Mariani      Peterson     Warkentin
Carruthers   Jefferson    Marko        Pugh         Weaver
Commers      Jennings     McCollum     Rest         Wejcman
Cooper       Johnson, A.  McElroy      Rhodes       Wenzel
Daggett      Johnson, R.  McGuire      Rostberg     Winter
Dauner       Johnson, V.  Milbert      Rukavina     Wolf
Davids       Kalis        Molnau       Sarna        Worke
Dehler       Kelley       Mulder       Schumacher   Workman
Delmont      Kelso        Munger       Seagren      Sp.Anderson,I

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8357
Dempsey Kinkel Murphy Skoglund Dorn Knight Ness Smith Erhardt Knoblach Olson, E. Solberg Farrell Koppendrayer Olson, M. Stanek Finseth Kraus Onnen Sviggum
Those who voted in the negative were:

Clark        Greenfield   Kahn         
Dawkins      Hausman      
The motion prevailed and the amendment, as amended, was adopted.

Erhardt moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 22, line 46, delete "$750,000" and insert "$2,000,000"

Correct the subdivision and section totals and the summaries by fund accordingly

The question was taken on the Erhardt amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 36 yeas and 95 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Mares        Seagren      Warkentin
Bettermann   Frerichs     Molnau       Smith        Weaver
Boudreau     Haas         Osskopp      Stanek       Wolf
Bradley      Holsten      Ozment       Swenson, D.  Workman 
Commers      Kelley       Paulsen      Sykora       
Daggett      Kraus        Pellow       Van Dellen   
Davids       Lynch        Rhodes       Van Engen    
Dehler       Macklin      Rostberg     Vickerman    
Those who voted in the negative were:

Anderson, B. Garcia       Kinkel       Munger       Skoglund
Anderson, R. Girard       Knight       Murphy       Solberg
Bakk         Goodno       Knoblach     Ness         Sviggum
Bertram      Greenfield   Koppendrayer Olson, E.    Swenson, H.
Bishop       Greiling     Krinkie      Olson, M.    Tomassoni
Broecker     Gunther      Larsen       Onnen        Tompkins
Brown        Hackbarth    Leighton     Opatz        Trimble
Carlson, L.  Harder       Leppik       Orfield      Tuma
Carlson, S.  Hasskamp     Lieder       Osthoff      Tunheim
Carruthers   Hausman      Lindner      Ostrom       Wagenius
Clark        Huntley      Long         Otremba      Wejcman
Cooper       Jaros        Lourey       Pawlenty     Wenzel
Dauner       Jefferson    Luther       Pelowski     Winter
Dawkins      Jennings     Mariani      Perlt        Worke
Delmont      Johnson, A.  Marko        Peterson     Sp.Anderson,I
Dempsey      Johnson, R.  McCollum     Pugh         
Dorn         Johnson, V.  McElroy      Rest         
Entenza      Kahn         McGuire      Rice         
Farrell      Kalis        Milbert      Rukavina     
Finseth      Kelso        Mulder       Schumacher   
The motion did not prevail and the amendment was not adopted.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8358

Krinkie moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 15, after line 54, insert:

"Subd. 13. Debt service

(a) The board of trustees shall pay one-third of the debt service on state bonds sold to finance projects authorized by subdivisions 3, 4, 5, 6, 7, and 9 of this section. After each sale of general obligation bonds, the commissioner of finance shall notify the board of trustees of the amounts assessed for each year for the life of the bonds.

(b) The commissioner shall reduce the board's assessment each year by one-third of the net income from investment of general obligation bond proceeds in proportion to the amount of principal and interest otherwise required to be paid by the board. The board shall pay its resulting net assessment to the commissioner of finance by December 1 each year. If the board fails to make a payment when due, the commissioner of finance shall reduce allotments for appropriations from the general fund otherwise available to the board and apply the amount of the reduction to cover the missed debt service payment. The commissioner of finance shall credit the payments received from the board to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under Minnesota Statutes, section 16A.641, subdivision 10."

Page 16, after line 46, insert:

"Subd. 8. Debt service

(a) The board of regents shall pay one-third of the debt service on state bonds sold to finance projects authorized by subdivisions 3, 4, 5, 6, and 7 of this section. After each sale of general obligation bonds, the commissioner of finance shall notify the board of regents of the amounts assessed for each year for the life of the bonds.

(b) The commissioner shall reduce the board's assessment each year by one-third of the net income from investment of general obligation bond proceeds in proportion to the amount of principal and interest otherwise required to be paid by the board. The board shall pay its resulting net assessment to the commissioner of finance by December 1 each year. If the board fails to make a payment when due, the commissioner of finance shall reduce allotments for appropriations from the general fund otherwise available to the board and apply the amount of the reduction to cover the missed debt service payment. The commissioner of finance shall credit the payments received from the board to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under Minnesota Statutes, section 16A.641, subdivision 10."

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8359

There were 25 yeas and 107 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Hackbarth    Krinkie      Mulder       Stanek
Broecker     Holsten      Lindner      Olson, M.    Sviggum
Commers      Knight       Lynch        Paulsen      Swenson, D.
Frerichs     Koppendrayer Mares        Pawlenty     Van Dellen
Haas         Kraus        Molnau       Pellow       Workman 
Those who voted in the negative were:

Abrams       Entenza      Kelley       Onnen        Solberg
Anderson, R. Erhardt      Kelso        Opatz        Swenson, H.
Bakk         Farrell      Kinkel       Orfield      Sykora
Bertram      Finseth      Knoblach     Osskopp      Tomassoni
Bettermann   Garcia       Larsen       Osthoff      Tompkins
Bishop       Girard       Leighton     Ostrom       Trimble
Boudreau     Goodno       Leppik       Otremba      Tuma
Bradley      Greenfield   Lieder       Ozment       Tunheim
Brown        Greiling     Long         Pelowski     Van Engen
Carlson, L.  Gunther      Lourey       Perlt        Vickerman
Carlson, S.  Harder       Luther       Peterson     Wagenius
Carruthers   Hasskamp     Macklin      Pugh         Warkentin
Clark        Hausman      Mariani      Rest         Weaver
Cooper       Huntley      Marko        Rhodes       Wejcman
Daggett      Jaros        McCollum     Rice         Wenzel
Dauner       Jefferson    McElroy      Rostberg     Winter
Davids       Jennings     McGuire      Rukavina     Wolf
Dawkins      Johnson, A.  Milbert      Sarna        Worke
Dehler       Johnson, R.  Munger       Schumacher   Sp.Anderson,I
Delmont      Johnson, V.  Murphy       Seagren      
Dempsey      Kahn         Ness         Skoglund     
Dorn         Kalis        Olson, E.    Smith        
The motion did not prevail and the amendment was not adopted.

Wolf, Davids, McElroy and Van Engen moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 26, after line 40, insert:

"As a further condition of this grant, the city of Minneapolis must rescind its council's resolution limiting the expansion of highway access to downtown Minneapolis."

A roll call was requested and properly seconded.

POINT OF ORDER

McCollum raised a point of order pursuant to rule 3.14 relating to the motion to rescind that the Wolf et al amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.

Sviggum appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8360

There were 63 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kelso        Olson, E.    Schumacher
Bakk         Greenfield   Kinkel       Opatz        Skoglund
Bertram      Greiling     Leighton     Orfield      Solberg
Brown        Hasskamp     Lieder       Ostrom       Tomassoni
Carlson, L.  Hausman      Lourey       Otremba      Trimble
Carruthers   Huntley      Luther       Pelowski     Tunheim
Clark        Jaros        Mariani      Perlt        Wagenius
Dauner       Jefferson    Marko        Peterson     Wejcman
Dawkins      Johnson, A.  McCollum     Pugh         Wenzel
Delmont      Johnson, R.  McGuire      Rest         Winter
Dorn         Kahn         Milbert      Rice         Sp.Anderson,I
Entenza      Kalis        Munger       Rukavina     
Farrell      Kelley       Murphy       Sarna        
Those who voted in the negative were:

Abrams       Erhardt      Kraus        Osskopp      Sykora
Anderson, B. Finseth      Krinkie      Osthoff      Tompkins
Bettermann   Frerichs     Larsen       Ozment       Tuma
Bishop       Girard       Leppik       Paulsen      Van Dellen
Boudreau     Goodno       Lindner      Pawlenty     Van Engen
Bradley      Gunther      Lynch        Pellow       Vickerman
Broecker     Haas         Macklin      Rhodes       Warkentin
Carlson, S.  Hackbarth    Mares        Rostberg     Weaver
Commers      Harder       McElroy      Seagren      Wolf
Cooper       Holsten      Molnau       Smith        Worke
Daggett      Johnson, V.  Mulder       Stanek       Workman 
Davids       Knight       Ness         Sviggum      
Dehler       Knoblach     Olson, M.    Swenson, D.  
Dempsey      Koppendrayer Onnen        Swenson, H.  
So it was the judgment of the House that the decision of the Speaker should not stand.

POINT OF ORDER

Osthoff raised a point of order pursuant to rule 3.09 that the Wolf et al amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.

The question recurred on the Wolf et al amendment and the roll was called. There were 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Larsen       Ozment       Tompkins
Anderson, B. Girard       Leppik       Paulsen      Tuma
Bettermann   Goodno       Lindner      Pawlenty     Van Dellen
Bishop       Gunther      Lynch        Pellow       Van Engen
Boudreau     Haas         Macklin      Perlt        Vickerman
Bradley      Hackbarth    Mares        Rhodes       Warkentin
Broecker     Harder       McElroy      Rostberg     Weaver
Carlson, S.  Holsten      Molnau       Seagren      Wolf
Commers      Johnson, V.  Mulder       Smith        Worke
Daggett      Knight       Ness         Stanek       Workman 
Davids       Knoblach     Olson, M.    Sviggum      
Dehler       Koppendrayer Onnen        Swenson, D.  
Erhardt      Kraus        Osskopp      Swenson, H.  
Finseth      Krinkie      Osthoff      Sykora       
Those who voted in the negative were:

Anderson, R. Farrell      KelleyMurphySkoglund
Bakk         Garcia       KelsoSolberg
Bertram      Greenfield   KinkelTomassoni
Brown        Greiling     LeightonTrimble
Carlson, L.  Hasskamp     LiederTunheim
Carruthers   Hausman      LongWagenius
Clark        Huntley      LoureyWejcman
Cooper       Jaros        LutherWenzel
Dauner       Jefferson    MarianiWinter
Dawkins      Jennings     MarkoSp.Anderson,I
Delmont      Johnson, A.  McCollum
Dempsey      Johnson, R.  McGuire
Dorn         Kahn         Milbert
Entenza      Kalis        Munger
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
Olson, E.    
Opatz        
Orfield      
Ostrom       
Otremba      
Pelowski     
Peterson     
Pugh         
Rest         
Rice         
Rukavina     
Sarna        
Schumacher   
The motion did not prevail and the amendment was not adopted.

Leppik moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 13, line 51, delete "19,625,000" and insert "20,625,000"

Page 13, line 55, delete "12,000,000" and insert "13,000,000"

Page 15, line 46, delete "1,000,000"

Page 15, delete lines 47 to 54 and insert:

"The legislature recognizes that Hibbing community and technical colleges have made a serious commitment to cooperative planning. The legislature encourages the Hibbing campuses to continue to move toward consolidation in programs and services, while considering alternative approaches to meeting their physical plant needs."

A roll call was requested and properly seconded.

The question was taken on the Leppik amendment and the roll was called. There were 58 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Leppik       Pawlenty     Tompkins
Anderson, B. Greiling     Lindner      Pellow       Tuma
Bettermann   Gunther      Lynch        Pelowski     Van Dellen
Boudreau     Haas         Macklin      Rhodes       Van Engen
Bradley      Harder       Mares        Rostberg     Vickerman
Broecker     Holsten      McElroy      Seagren      Warkentin
Carlson, S.  Kelso        McGuire      Smith        Weaver
Commers      Knight       Molnau       Stanek       Wolf
Daggett      Knoblach     Mulder       Sviggum      Worke
Davids       Koppendrayer Olson, M.    Swenson, D.  Workman 
Dempsey      Kraus        Osskopp      Swenson, H.  
Erhardt      Larsen       Paulsen      Sykora       
Those who voted in the negative were:

Anderson, R. Farrell      Johnson, V.  Munger       Rice
Bakk         Finseth      Kahn         Murphy       Rukavina
Bertram      Garcia       Kalis        Ness         Sarna
Bishop       Girard       Kelley       Olson, E.    Schumacher
Brown        Goodno       Kinkel       Onnen        Skoglund
Carlson, L.  Greenfield   Krinkie      Opatz        Solberg
Carruthers   Hackbarth    Leighton     Orfield      Tomassoni
Clark        Hasskamp     Lieder       Osthoff      Trimble
Cooper       Hausman      Long         Ostrom       Tunheim
Dauner       Huntley      Lourey       Otremba      Wagenius
Dawkins      Jaros        Luther       Ozment       Wejcman
Dehler       Jefferson    Mariani      Perlt        Wenzel
Delmont      Jennings     Marko        Peterson     Winter
Dorn         Johnson, A.  McCollum     Pugh         Sp.Anderson,I
Entenza      Johnson, R.  Milbert      Rest         
The motion did not prevail and the amendment was not adopted.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8361

Knight and Krinkie moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 26, delete lines 16 to 40 and insert:

"For a grant to the city of Minneapolis to be used only for the purpose to pay off bonds on the Target Center in lieu of the $750,000 annual state appropriation."

A roll call was requested and properly seconded.

The question was taken on the Knight and Krinkie amendment and the roll was called. There were 37 yeas and 95 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Onnen        Tuma
Anderson, B. Girard       Larsen       Osskopp      Van Dellen
Boudreau     Haas         Lindner      Paulsen      Vickerman
Bradley      Hackbarth    Lynch        Pawlenty     Worke
Broecker     Holsten      Mares        Pellow       Workman 
Commers      Knight       Molnau       Rostberg     
Erhardt      Koppendrayer Mulder       Swenson, D.  
Finseth      Kraus        Olson, M.    Tompkins     
Those who voted in the negative were:

Anderson, R. Farrell      Kinkel       Orfield      Sviggum
Bakk         Garcia       Knoblach     Osthoff      Swenson, H.
Bertram      Goodno       Leighton     Ostrom       Sykora
Bettermann   Greenfield   Leppik       Otremba      Tomassoni
Bishop       Greiling     Lieder       Ozment       Trimble
Brown        Gunther      Long         Pelowski     Tunheim
Carlson, L.  Harder       Lourey       Perlt        Van Engen
Carlson, S.  Hasskamp     Luther       Peterson     Wagenius
Carruthers   Hausman      Macklin      Pugh         Warkentin
Clark        Huntley      Mariani      Rest         Weaver
Cooper       Jaros        Marko        Rhodes       Wejcman
Daggett      Jefferson    McCollum     Rice         Wenzel
Dauner       Jennings     McElroy      Rukavina     Winter
Davids       Johnson, A.  McGuire      Sarna        Wolf
Dawkins      Johnson, R.  Milbert      Schumacher   Sp.Anderson,I
Dehler       Johnson, V.  Munger       Seagren      
Delmont      Kahn         Murphy       Skoglund     
Dempsey      Kalis        Ness         Smith        
Dorn         Kelley       Olson, E.    Solberg      
Entenza      Kelso        Opatz        Stanek       
The motion did not prevail and the amendment was not adopted.

Bishop, Skoglund and Brown moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 36, after line 23, insert:

"Sec. 30. Minnesota Statutes 1994, section 16B.24, subdivision 6a, is amended to read:

Subd. 6a. [LEASE WITH OPTION TO BUY LEASE-PURCHASE AGREEMENT; CANCELLATION.] (a) With the approval of the commissioner of finance and the recommendation of the legislative advisory commission, the commissioner of administration may lease land or premises for as long as 20 years if the lease agreement provides enter into lease-purchase agreements. A lease-purchase agreement must provide the state with a unilateral right to purchase all the leased land and premises and if the lease agreement provides for the transfer of the ownership of the leased land and buildings upon normal termination of the lease for an amount not to exceed $1. Under these lease agreements, the lease rental rates shall not be more than market rental rates. The unilateral right must be available at any time during the lease agreement. If the commissioner chooses to exercise the option at specified times for specified amounts. Notwithstanding subdivision 6, the term of the lease may be for more than ten years, but must not exceed 20 years. Prior to exercising the state's right to purchase prior to the normal termination of the lease premises, the commissioner shall obtain the approval of purchase must be approved by an act of the legislature.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8362

(b) A lease with option to buy lease-purchase agreement entered into under paragraph (a) is must be subject to cancellation upon 30 days written notice by the state for any reason except rental of other land or premises for the same use."

Page 48, delete lines 23 to 36

Page 49, delete lines 1 to 2

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Bishop; Kalis; Warkentin; Johnson, A.; Carlson, S.; Carlson, L., and Lynch moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 15, line 19, delete "5,000,000" and insert "6,300,000

Page 15, line 20, delete ", remodel,"

Page 15, line 21, delete "student services, food service, and"

The question was taken on the Bishop et al amendment and the roll was called. There were 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

McCollum                  
The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8363

Paulsen and Sviggum moved to amend H. F. No. 3273, the first engrossment, as amended, as follows:

Page 10, after line 23, insert:

"Minnesota Statutes, section 16B.335, does not apply to the appropriation in this subdivision. State money must not be used for the acquisition of works of art for this correctional facility."

A roll call was requested and properly seconded.

The question was taken on the Paulsen and Sviggum amendment and the roll was called. There were 125 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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

Clark        Greenfield   Kahn         Rukavina 
Dawkins      Hausman      Rice         
The motion prevailed and the amendment was adopted.

Kahn offered an amendment to H. F. No. 3273, the first engrossment, as amended.

Kahn requested a division of her amendment to H. F. No. 3273, the first engrossment, as amended.

The first portion of the Kahn amendment to H. F. No. 3273, the first engrossment, as amended, reads as follows:

Page 9, line 4, after the period, insert "The facility may be constructed after endorsement by a national governing body member of the United States Olympic Committee."

The question was taken on the first portion of the Kahn amendment and the roll was called. There were 120 yeas and 12 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Koppendrayer Osskopp      Swenson, D.
Anderson, R. Goodno       Kraus        Osthoff      Swenson, H.
Bakk         Greenfield   Krinkie      Ostrom       Sykora
Bertram      Greiling     Leighton     Otremba      Tomassoni
Bettermann   Gunther      Leppik       Ozment       Tompkins
Bishop       Haas         Lieder       Paulsen      Trimble
Broecker     Hackbarth    Lindner      Pawlenty     Tuma
Brown        Harder       Long         Pellow       Tunheim
Carlson, L.  Hasskamp     Lourey       Pelowski     Van Dellen
Carlson, S.  Hausman      Luther       Perlt        Vickerman
Carruthers   Holsten      Lynch        Peterson     Wagenius
Clark        Huntley      Macklin      Pugh         Warkentin
Commers      Jaros        Mares        Rest         Weaver
Cooper       Jefferson    Mariani      Rhodes       Wejcman
Daggett      Jennings     Marko        Rice         Wenzel
Dauner       Johnson, A.  McCollum     Rostberg     Winter
Dawkins      Johnson, R.  McElroy      Rukavina     Wolf
Dehler       Johnson, V.  McGuire      Sarna        Worke
Delmont      Kahn         Milbert      Schumacher   Workman
Dempsey      Kalis        Munger       Seagren      Sp.Anderson,I
Dorn         Kelley       Murphy       Skoglund     

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8364
Entenza Kelso Ness Smith Erhardt Kinkel Olson, E. Solberg Farrell Knight Opatz Stanek Finseth Knoblach Orfield Sviggum
Those who voted in the negative were:

Anderson, B. Davids       Larsen       Olson, M.    
Boudreau     Frerichs     Molnau       Onnen        
Bradley      Girard       Mulder       Van Engen    
The motion prevailed and the first portion of the Kahn amendment was adopted.

The second portion of the Kahn amendment to H. F. No. 3273, the first engrossment, as amended, reads as follows:

Page 7, line 51, delete "9,000,000" and insert "11,070,000

Page 7, line 52, delete "$7,500,000" and insert "$9,070,000"

Page 7, line 57, delete "$500,000" and insert "$1,000,000"

Page 9, line 1, delete "2,300,000" and insert "230,000"

Page 9, line 2, after "For" insert "planning, site preparation, and construction for"

Page 9, line 4, delete "$2,000,000" and insert "$200,000"

The question was taken on the second portion of the Kahn amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 5 yeas and 126 nays as follows:

Those who voted in the affirmative were:

Greiling     Kelley       Osthoff      
Kahn         McGuire      
Those who voted in the negative were:

Abrams       Erhardt      Knoblach     Olson, M.    Sviggum
Anderson, B. Farrell      Koppendrayer Onnen        Swenson, D.
Anderson, R. Finseth      Kraus        Opatz        Swenson, H.
Bakk         Frerichs     Krinkie      Orfield      Sykora
Bertram      Garcia       Larsen       Osskopp      Tomassoni
Bettermann   Girard       Leighton     Ostrom       Tompkins
Bishop       Goodno       Leppik       Otremba      Trimble
Boudreau     Greenfield   Lieder       Ozment       Tuma
Bradley      Gunther      Lindner      Paulsen      Tunheim
Broecker     Haas         Long         Pawlenty     Van Dellen
Brown        Hackbarth    Lourey       Pellow       Van Engen

JOURNAL OF THE HOUSE - 99th Day - Top of Page 8365
Carlson, L. Harder Luther Pelowski Vickerman Carlson, S. Hasskamp Lynch Peterson Wagenius Carruthers Hausman Macklin Pugh Warkentin Clark Holsten Mares Rest Weaver Commers Huntley Mariani Rhodes Wejcman Cooper Jaros Marko Rice Wenzel Daggett Jefferson McCollum Rostberg Winter Dauner Jennings McElroy Rukavina Wolf Davids Johnson, A. Milbert Sarna Worke Dawkins Johnson, R. Molnau Schumacher Workman Dehler Johnson, V. Mulder Seagren Sp.Anderson,I Delmont Kalis Munger Skoglund Dempsey Kelso Murphy Smith Dorn Kinkel Ness Solberg Entenza Knight Olson, E. Stanek
The motion did not prevail and the second portion of the Kahn amendment was not adopted.

H. F. No. 3273, A bill for an act relating to public administration; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; appropriating money; amending Minnesota Statutes 1994, sections 16B.335, subdivision 3, and by adding a subdivision; 41B.19, subdivision 1; 94.16, subdivision 3; 124C.73, subdivision 1; 134.45, subdivision 5; 268.917; and 475.58, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 473.894, subdivision 11; and 473.901, subdivision 1; Laws 1994, chapter 643, sections 19, subdivision 8, as amended; 21, subdivision 4, as amended; and 35, subdivision 3; Laws 1995, First Special Session chapter 2, article 1, section 13; proposing coding for new law in Minnesota Statutes, chapters 116J; 243; 268; and 446A; repealing Minnesota Statutes 1994, sections 446A.071, subdivisions 1, 3, 4, 5, 6, 7, and 8; Minnesota Statutes 1995 Supplement, sections 446A.071, subdivision 2; Laws 1994, chapter 643, section 24, subdivision 3.

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 82 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dorn         Kalis        Ness         Smith
Anderson, R. Entenza      Kelley       Olson, E.    Solberg
Bakk         Farrell      Kelso        Opatz        Stanek
Bertram      Garcia       Kinkel       Orfield      Swenson, H.
Bishop       Goodno       Knoblach     Osthoff      Tomassoni
Boudreau     Greenfield   Leighton     Ostrom       Trimble
Bradley      Greiling     Lieder       Otremba      Tunheim
Brown        Hasskamp     Long         Pelowski     Van Engen
Carlson, L.  Hausman      Lourey       Perlt        Wagenius
Carruthers   Huntley      Luther       Peterson     Warkentin
Clark        Jaros        Mariani      Pugh         Wejcman
Cooper       Jefferson    Marko        Rest         Wenzel
Dauner       Jennings     McCollum     Rice         Winter
Dawkins      Johnson, A.  McGuire      Rukavina     Sp.Anderson,I
Dehler       Johnson, R.  Milbert      Sarna        
Delmont      Johnson, V.  Munger       Schumacher   
Dempsey      Kahn         Murphy       Skoglund     
Those who voted in the negative were:

Abrams       Girard       Larsen       Onnen        Swenson, D.
Bettermann   Gunther      Leppik       Osskopp      Sykora
Broecker     Haas         Lindner      Ozment       Tompkins
Carlson, S.  Hackbarth    Lynch        Paulsen      Tuma
Commers      Harder       Macklin      Pawlenty     Van Dellen
Daggett      Holsten      Mares        Pellow       Vickerman
Davids       Knight       McElroy      Rhodes       Weaver
Erhardt      Koppendrayer Molnau       Rostberg     Wolf
Finseth      Kraus        Mulder       Seagren      Worke
Frerichs     Krinkie      Olson, M.    Sviggum      Workman 
The bill was passed, as amended, and its title agreed to.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8366

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1775.

S. F. No. 1775 was reported to the House.

Kahn moved to amend S. F. No. 1775 as follows:

Page 3, after line 22, insert:

"Sec. 4. Minnesota Statutes 1994, section 97A.435, subdivision 3, is amended to read:

Subd. 3. [APPLICATION FOR LICENSE.] An application for a turkey license must be on a form provided by the commissioner and accompanied by a $3 $10 application fee. A person may not make more than one application for each season. If a person makes more than one application the person is ineligible for a license for that season after determination by the commissioner, without a hearing. $7 of the fee must be credited to the wild turkey management account referred to in section 97A.075, subdivision 5."

Page 3, line 27, delete "$5" and insert "$10"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kahn amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 2 yeas and 129 nays as follows:

Those who voted in the affirmative were:

Kahn         Rice                      
Those who voted in the negative were:

Abrams       Erhardt      Kinkel       Murphy       Smith
Anderson, B. Farrell      Knight       Ness         Solberg
Anderson, R. Finseth      Knoblach     Olson, E.    Stanek
Bakk         Frerichs     Koppendrayer Olson, M.    Sviggum
Bertram      Garcia       Kraus        Onnen        Swenson, D.
Bettermann   Girard       Krinkie      Opatz        Swenson, H.
Bishop       Goodno       Larsen       Orfield      Sykora
Boudreau     Greenfield   Leighton     Osskopp      Tomassoni
Bradley      Greiling     Leppik       Ostrom       Tompkins
Broecker     Gunther      Lieder       Otremba      Trimble
Brown        Haas         Lindner      Ozment       Tuma
Carlson, L.  Hackbarth    Long         Paulsen      Tunheim
Carlson, S.  Harder       Lourey       Pawlenty     Van Dellen
Carruthers   Hasskamp     Luther       Pellow       Van Engen
Clark        Hausman      Lynch        Pelowski     Vickerman
Commers      Holsten      Macklin      Perlt        Wagenius
Cooper       Huntley      Mares        Peterson     Warkentin
Daggett      Jaros        Mariani      Pugh         Weaver
Dauner       Jefferson    Marko        Rest         Wejcman
Davids       Jennings     McCollum     Rhodes       Wenzel
Dawkins      Johnson, A.  McElroy      Rostberg     Winter
Dehler       Johnson, R.  McGuire      Rukavina     Wolf
Delmont      Johnson, V.  Milbert      Sarna        Worke
Dempsey      Kalis        Molnau       Schumacher   Workman
Dorn         Kelley       Mulder       Seagren      Sp.Anderson,I
Entenza      Kelso        Munger       Skoglund     
The motion did not prevail and the amendment was not adopted.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8367

S. F. No. 1775, A bill for an act relating to game and fish; requiring a turkey stamp; setting a fee; directing use of proceeds; amending Minnesota Statutes 1994, sections 97A.055, subdivisions 4 and 4a; 97A.075, by adding a subdivision; 97A.475, subdivision 5; 97B.603; and 97B.721.

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 116 yeas and 16 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knight       Ness         Skoglund
Anderson, B. Finseth      Knoblach     Olson, E.    Smith
Anderson, R. Frerichs     Koppendrayer Olson, M.    Stanek
Bertram      Garcia       Kraus        Onnen        Sviggum
Bettermann   Girard       Krinkie      Opatz        Swenson, D.
Bishop       Goodno       Larsen       Orfield      Swenson, H.
Boudreau     Greenfield   Leighton     Osskopp      Sykora
Bradley      Greiling     Leppik       Osthoff      Tompkins
Broecker     Gunther      Lieder       Ostrom       Tuma
Brown        Haas         Lindner      Otremba      Van Dellen
Carlson, L.  Hackbarth    Long         Ozment       Van Engen
Carlson, S.  Harder       Lourey       Paulsen      Vickerman
Carruthers   Hausman      Luther       Pawlenty     Wagenius
Clark        Holsten      Lynch        Pellow       Warkentin
Commers      Huntley      Macklin      Pelowski     Weaver
Cooper       Jefferson    Mares        Peterson     Wejcman
Daggett      Jennings     Marko        Pugh         Winter
Davids       Johnson, A.  McCollum     Rest         Wolf
Dawkins      Johnson, R.  McElroy      Rhodes       Worke
Dehler       Johnson, V.  McGuire      Rice         Workman 
Delmont      Kahn         Milbert      Rostberg     
Dempsey      Kalis        Molnau       Sarna        
Dorn         Kelley       Mulder       Schumacher   
Entenza      Kelso        Munger       Seagren      
Those who voted in the negative were:

Bakk         Jaros        Perlt        Trimble      
Dauner       Kinkel       Rukavina     Tunheim      
Farrell      Mariani      Solberg      Wenzel       
Hasskamp     Murphy       Tomassoni    Sp.Anderson,I
The bill was passed and its title agreed to.

SPECIAL ORDERS

Carruthers moved that the 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.

MOTIONS AND RESOLUTIONS

Frerichs moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 11, 1996, when the vote was taken on the repassage of H. F. No. 2420, as amended by the Senate." The motion prevailed.


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8368

Frerichs moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 11, 1996, when the vote was taken on the repassage of H. F. No. 2558, as amended by the Senate." The motion prevailed.

Frerichs moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 11, 1996, when the vote was taken on the repassage of H. F. No. 2846, as amended by the Senate." The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2298:

Marko, Jefferson and Abrams.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2478:

Mariani, Entenza and Bradley.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2834:

Hasskamp, Bakk and Ozment.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 10:00 a.m., Monday, March 18, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Monday, March 18, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives


JOURNAL OF THE HOUSE - 99th Day - Top of Page 8369


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