Journal of the House - 69th Day - Wednesday, February 4, 1998 - Top of Page 6333

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

SIXTY-NINTH DAY

Saint Paul, Minnesota, Wednesday, February 4, 1998

 

The House of Representatives convened at 11:30 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend Dr. James Battle, Pastor, Mount Olivet Baptist Church, St. Paul, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Goodno, Jefferson, Luther, Osthoff and Weaver were excused.

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


Journal of the House - 69th Day - Wednesday, February 4, 1998 - Top of Page 6334

REPORTS OF STANDING COMMITTEES

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 106, A bill for an act relating to the legislature; providing for the organization of an equally divided house; amending Minnesota Statutes 1996, section 3.06, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, delete lines 9 to 16 and insert:

"Subd. 3. [EQUALLY DIVIDED HOUSE.] This subdivision applies to initial organization of the house of representatives in January of an odd-numbered year, if there is a tie vote for speaker of the house of representatives or for any other officer of the house of representatives. If this occurs, the candidate nominated by the caucus of the governor's political party is elected. This subdivision does not apply if the governor is not a member of one of the two political parties whose candidates received the most votes for speaker. If a speaker is elected under the procedures of this subdivision, all appointments to legislative committees, legislative commissions, and other legislative bodies must be made in equal numbers from the caucus of each political party. If a statute provides for an odd number of members of the house of representatives to serve on a legislative commission, the caucus that will have the extra member must be determined by lot."

With the recommendation that when so amended the bill pass.

The report was adopted.

Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

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

Reported the same back with the following amendments:

Page 1, line 20, delete "August 1, 1998," and insert "the day following final enactment"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2292, A bill for an act relating to financial institutions; prohibiting a certain type of fee charged for the use of automated teller machines; amending Minnesota Statutes 1996, sections 47.61, by adding a subdivision; and 47.64, by adding a subdivision.

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 47.61, is amended by adding a subdivision to read:

Subd. 3a. "Electronic financial terminal surcharge" means a transaction fee assessed against a consumer by the owner or operator of an electronic financial terminal.

Sec. 2. Minnesota Statutes 1996, section 47.64, is amended by adding a subdivision to read:

Subd. 8. [LIMITATION ON FEES.] (a) A financial institution that owns or operates more than four electronic financial terminals shall not assess an electronic financial terminal surcharge.

(b) Paragraph (a) prohibits a surcharge:

(1) by a financial institution against its own customer for use of a terminal owned or operated by that financial institution for a transaction involving the customer's account at that institution; and

(2) by a financial institution against any person for use of a terminal owned or operated by that institution for a transaction involving the person's account at another financial institution.

(c) This subdivision does not affect a charge:

(1) by a financial institution against another financial institution; or

(2) against the financial institution's own customer for use of a terminal not owned or operated by that financial institution."

With the recommendation that when so amended the bill pass.

The report was adopted.

Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 2293, A bill for an act relating to elections; authorizing experimental balloting procedures in senate district 58; amending Minnesota Statutes 1996, section 203B.02, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 10, delete "2004" and insert "2002"

With the recommendation that when so amended the bill pass.

The report was adopted.

Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 2338, A bill for an act relating to veterans; amending the Gulf War veterans bonus program to facilitate eligibility verification; amending Minnesota Statutes 1997 Supplement, section 197.79, subdivision 1.

Reported the same back with the following amendments:


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Page 3, after line 28, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 2404, A bill for an act relating to education; providing for snowmobile safety training; proposing coding for new law in Minnesota Statutes, chapter 126.

Reported the same back with the following amendments:

Page 1, delete lines 7 to 11 and insert:

"The commissioner of natural resources, in consultation with the department of children, families, and learning, shall assist school districts or other organizations on request to develop snowmobile safety training."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 2485, A bill for an act relating to recreational vehicles; requiring that new snowmobiles be equipped with auxiliary light power and switches; amending Minnesota Statutes 1996, section 84.821, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 10, after "Minnesota" insert "after June 30, 1999"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 2567, A bill for an act relating to Ramsey county; authorizing extension of a pilot program to test open absentee balloting.

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

The report was adopted.


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Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 2708, A bill for an act relating to agriculture; providing for associations of producers; setting dispute resolution procedures; establishing an advisory committee; amending Minnesota Statutes 1996, sections 17.692; 17.693, subdivisions 1, 2, and 6; 17.694, subdivisions 1, 2, 3, 6, and 7; 17.696, subdivision 2; 17.697; 17.698; 17.70, subdivisions 1, 2, and 3; 17.701; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 1996, section 17.699.

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

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 2907, A bill for an act relating to utilities; replacing public utility capital structure approval with security issuance approval; defining telephone company; amending Minnesota Statutes 1996, sections 216B.49, subdivisions 3 and 4; and 237.01, subdivision 2; repealing Minnesota Statutes 1996, section 216B.49, subdivision 2.

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

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

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

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

The report was adopted.

Jefferson from the Committee on Labor-Management Relations to which was referred:

S. F. No. 1074, A bill for an act relating to public employees; providing that public safety dispatchers are essential employees; amending Minnesota Statutes 1996, section 179A.03, subdivision 7.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

S. F. No. 1181, A bill for an act relating to agriculture; providing for an industrial hemp study.

Reported the same back with the following amendments:

Page 1, line 8, after the comma, insert "and the Minnesota bureau of criminal apprehension,"

Page 1, line 12, before "and" insert "licensing, law and drug enforcement,"

With the recommendation that when so amended the bill pass.

The report was adopted.


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SECOND READING OF HOUSE BILLS

H. F. Nos. 106, 2277, 2292, 2293, 2338, 2567, 2907 and 3070 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1074 and 1181 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Clark, K.; Rukavina; Chaudhary and Knight introduced:

H. F. No. 3252, A bill for an act relating to economic development; adding to the powers and duties of the commissioner of trade and economic development; changing reporting requirements for business subsidies; penalizing municipalities that induce businesses to relocate from other Minnesota municipalities; appropriating money; amending Minnesota Statutes 1996, sections 116J.61; 116J.991; and 270.067, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1997 Supplement, sections 469.1813; 469.1814; and 469.1815.

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

Clark, K.; Chaudhary; Dawkins and Wejcman introduced:

H. F. No. 3253, A bill for an act relating to landlord tenant; permitting immediate termination of rental agreement for designated drug-and-alcohol-free rental housing; proposing coding for new law in Minnesota Statutes, chapter 504.

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

Kahn introduced:

H. F. No. 3254, A bill for an act relating to real estate; authorizing additional methods for recorder and registrar functions; amending Minnesota Statutes 1996, sections 386.40; 386.41; 508.32; 508.38; and 508A.38; proposing coding for new law in Minnesota Statutes, chapters 386; 508; and 508A.

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

Stanek introduced:

H. F. No. 3255, A bill for an act relating to crime prevention; requiring that persons convicted of a second violent felony be sentenced to life imprisonment and that persons convicted of a third violent felony be sentenced to life imprisonment without the possibility of release; amending Minnesota Statutes 1996, sections 244.05, subdivisions 4 and 5; and 609.152, subdivision 2a.

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


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Leppik, Munger, Holsten and Osthoff introduced:

H. F. No. 3256, A bill for an act relating to the environment; creating the heritage lakes initiative; proposing coding for new law as Minnesota Statutes, chapter 103J.

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

Larsen, Mares, Leppik and Biernat introduced:

H. F. No. 3257, A bill for an act relating to adding Sauk Centre and Thistledew correctional facilities to certain provisions regarding residential programs; amending Minnesota Statutes 1996, section 120.17, subdivision 6; Minnesota Statutes 1997 Supplement, section 120.181.

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

Greenfield, Jennings, Sviggum, Winter and Carruthers introduced:

H. F. No. 3258, A resolution memorializing the Congress of the United States to remove Medicaid policy barriers to employment for people with disabilities.

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

Greenfield, Dorn, Huntley and Wejcman introduced:

H. F. No. 3259, A bill for an act relating to human services; extending food benefits for certain noncitizens; delaying MFIP-S grant reductions for residents of public housing; continuing certain benefits for certain alcohol and drug dependent persons; transferring money to the federal title XX allocation; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 256J.11, subdivision 2, as amended; and 256J.37, subdivision 9; Laws 1997, chapter 203, article 9, section 21.

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

Jefferson introduced:

H. F. No. 3260, A bill for an act relating to retirement; allowing an individual to terminate membership in the public employees retirement association coordinated plan and begin coverage in the public employees defined contribution plan.

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

Mariani introduced:

H. F. No. 3261, A bill for an act relating to child care; funding the basic sliding fee waiting list; appropriating money.

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

Mariani introduced:

H. F. No. 3262, A bill for an act relating to family and early childhood education; raising the upper limit on the range for child care assistance under the basic sliding fee program; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 119B.09, subdivision 2; and 124.2711, subdivision 1.

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


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Schumacher, Kelso, Seagren, Carlson and Mares introduced:

H. F. No. 3263, A bill for an act relating to education; enhancing funding for graduation standards and teacher training; appropriating money.

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

Pugh, Leighton, Chaudhary, Weaver and Paymar introduced:

H. F. No. 3264, A bill for an act relating to crime; imposing criminal penalties for manufacturing, distributing, selling, or possessing counterfeited intellectual property; providing for forfeiture of these items; amending Minnesota Statutes 1996, section 609.531, subdivision 1; Minnesota Statutes 1997 Supplement, section 609.902, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Marko; Lieder; Anderson, I.; Molnau and Hausman introduced:

H. F. No. 3265, A bill for an act relating to transportation; defining road or highway; requiring certain expenditures from the trunk highway fund; establishing transportation spending goals; creating a transportation trust fund primarily to provide state agencies and local governments with money to match federal transportation funds; proposing a constitutional amendment to dedicate all vehicle registration tax revenues and 20 percent of motor vehicle sales tax revenues to the transportation trust fund; requiring certain appropriations for the state patrol to be from the general fund; authorizing issuance of $34,000,000 in state transportation bonds for local bridge grants; amending Minnesota Statutes 1996, sections 160.02, subdivision 7, and by adding a subdivision; 161.04, by adding a subdivision; 168.053, subdivisions 1 and 2; 168.056; 168.181, subdivisions 1 and 2; 168.211; 168.221; 174.01, by adding a subdivision; 297B.09, subdivision 1; 299D.01, by adding a subdivision; and 299D.03, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 168; and 174; repealing Minnesota Statutes 1996, sections 168.012, subdivision 12; 168.013, subdivision 8; 168.021, subdivision 4; 168.041, subdivision 11; 168.042, subdivision 15; 168.057; 168.091, subdivision 3; 168.123, subdivision 5; 168.128; 168.1292, subdivision 4; 168.231; and 168.82, subdivision 2.

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

Kelso introduced:

H. F. No. 3266, A bill for an act relating to education; clarifying contractual arrangements that charter schools make for teaching and administrative services; creating an exemption for existing contractual arrangements; amending Minnesota Statutes 1996, section 120.064, subdivision 11.

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

Stanek, Biernat and Mullery introduced:

H. F. No. 3267, A bill for an act relating to crime; establishing the CODEFOR (Computer Optimized Development-Focus On Results) law enforcement strategy grant program in Hennepin county; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299A.

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


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Dawkins and Stanek introduced:

H. F. No. 3268, A bill for an act relating to metropolitan government; modifying requirement for affirmative action plans by certain contractors; amending Minnesota Statutes 1996, section 473.144.

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

Milbert and Pugh introduced:

H. F. No. 3269, A bill for an act relating to education; appropriating money to the board of trustees of the Minnesota state colleges and universities to reimburse Inver Hills community college for costs of constructing a new entrance to the campus.

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

Milbert and Pugh introduced:

H. F. No. 3270, A bill for an act relating to capital improvements; appropriating money for the construction of a campus entrance at Inver Hills community college; authorizing the sale of state bonds.

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

Pugh and Milbert introduced:

H. F. No. 3271, A bill for an act relating to education; authorizing a lease levy for special school district No. 6, South St. Paul.

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

Tomassoni; Anderson, I.; Tunheim; Davids and Westrom introduced:

H. F. No. 3272, A bill for an act relating to insurance; township mutual companies; regulating farm risks; amending Minnesota Statutes 1996, section 67A.191, subdivision 1.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Seifert; Kalis; Harder; Olson, E., and Kubly introduced:

H. F. No. 3273, A bill for an act relating to taxes; sales and use; exempting new farm equipment and aquaculture production equipment; amending Minnesota Statutes 1997 Supplement, section 297A.25, subdivision 59, and by adding a subdivision; repealing Minnesota Statutes 1996, section 297A.02, subdivision 2.

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

Kubly introduced:

H. F. No. 3274, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the final draw down design of the storm sewer project in the town of Stewart in McLeod county.

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


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Tomassoni, Rukavina and Munger introduced:

H. F. No. 3275, A bill for an act relating to game and fish; requiring a selection of five percent of moose licenses each year to be made from previously unsuccessful applicants; amending Minnesota Statutes 1996, section 97A.431, subdivision 4.

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

Skare, Westfall, Tunheim, Lieder and Finseth introduced:

H. F. No. 3276, A bill for an act relating to agriculture; appropriating money for beaver damage control.

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

Dawkins introduced:

H. F. No. 3277, A bill for an act relating to criminal procedure; providing that an interpreter may be present when the grand jury is deliberating; amending Minnesota Statutes 1996, section 628.63.

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

Dawkins introduced:

H. F. No. 3278, A bill for an act relating to firearms; clarifying penalty enhancement under the firearm permit law; amending Minnesota Statutes 1996, section 624.714, subdivision 1.

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

Chaudhary, Evans and Larsen introduced:

H. F. No. 3279, A bill for an act relating to landlords and tenants; prohibiting the taking of earnest collateral; providing for a civil penalty; proposing coding for new law in Minnesota Statutes, chapter 504.

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

Huntley; Otremba, M.; Bradley and Tompkins introduced:

H. F. No. 3280, A bill for an act relating to human services; changing medical assistance reimbursement for special transportation services; amending Minnesota Statutes 1996, section 256B.0625, subdivision 17.

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

Murphy and Skoglund, for the Committee on Judiciary, introduced:

H. F. No. 3281, A bill for an act relating to public administration; departments of corrections and public safety; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; appropriating money.

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


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Murphy, Huntley, Munger and Hilty introduced:

H. F. No. 3282, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for a sports/physical education complex in independent school district No. 700, Hermantown.

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

Tunheim introduced:

H. F. No. 3283, A bill for an act relating to Kittson county; authorizing an economic development authority.

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

Entenza introduced:

H. F. No. 3284, A bill for an act relating to evidence; fixing the conditions for the disclosure of certain information subject to the Minnesota Free Flow of Information Act; amending Minnesota Statutes 1996, sections 595.023; and 595.024, subdivision 2.

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

Rukavina and Tomassoni introduced:

H. F. No. 3285, A bill for an act relating to retirement; authorizing a purchase of prior service credit in the public employees relief association police and fire fund.

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

Tomassoni and Rukavina introduced:

H. F. No. 3286, A bill for an act relating to capital improvements; appropriating money for the construction of a new educational facility for housing technical programs at the Hibbing community and technical college; authorizing the sale of state bonds.

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

Seifert and Davids introduced:

H. F. No. 3287, A bill for an act relating to health; allowing the commissioner of health to issue a lifetime, limited license for the practice of mortuary science; proposing coding for new law in Minnesota Statutes, chapter 149A.

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

Dawkins introduced:

H. F. No. 3288, A bill for an act relating to crime prevention; appropriating money for weed and seed grants under Minnesota Statutes, section 299A.63.

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


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Kielkucki; Sviggum; Olson, M.; Anderson, B., and Lindner introduced:

H. F. No. 3289, A bill for an act relating to education; prohibiting the board of regents from compelling 4-H chapters to comply with certain human rights provisions; proposing coding for new law in Minnesota Statutes, chapter 137.

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

Daggett introduced:

H. F. No. 3290, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to the city of Perham for the Perham Area Technology Center; authorizing issuance of bonds; appropriating money.

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

Dorn; Johnson, R., and Gunther introduced:

H. F. No. 3291, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for Mankato state university's student athletic facilities.

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

Greenfield, Munger, Skoglund and Mariani introduced:

H. F. No. 3292, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for restoration and construction of the Winchell Trail.

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

Kraus, Hasskamp, Daggett, Tomassoni and Milbert introduced:

H. F. No. 3293, A bill for an act relating to liquor; authorizing the city of Albert Lea to issue additional on-sale licenses.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Ness introduced:

H. F. No. 3294, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to the city of Hutchinson for a community civic center; authorizing issuance of bonds; appropriating money.

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

Rifenberg, Davids and Stang introduced:

H. F. No. 3295, A bill for an act relating to transportation; authorizing issuance of $34,000,000 in state transportation bonds for local bridge replacement and rehabilitation; appropriating money.

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


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Long and Orfield introduced:

H. F. No. 3296, A bill for an act relating to highways; allowing advertisements, public art, and informational signs to be placed on bicycle racks and bicycle storage facilities on highway right-of-way; amending Minnesota Statutes 1996, section 160.27, subdivision 5, and by adding a subdivision.

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

Long, Munger, Macklin, Wagenius and Skoglund introduced:

H. F. No. 3297, A bill for an act relating to the environment; clarifying time for filing an action under MERLA; amending Minnesota Statutes 1996, section 115B.11.

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

Dempsey, Mares, Jefferson and Delmont introduced:

H. F. No. 3298, A bill for an act relating to retirement; providing an extended leave deadline extension in the teachers retirement association.

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

Ness, Tunheim, Kielkucki, Peterson and Davids introduced:

H. F. No. 3299, A bill for an act relating to employment; including certain government employees in prevailing wage determinations; amending Minnesota Statutes 1996, section 177.43, subdivision 4.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Finseth, Lieder and Olson, E., introduced:

H. F. No. 3300, A bill for an act relating to traffic regulations; exempting certain trailers carrying implements of husbandry from size and weight laws; amending Minnesota Statutes 1997 Supplement, section 169.801, subdivision 1.

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

Finseth introduced:

H. F. No. 3301, A bill for an act relating to veterans; authorizing payment of veterans' bonuses for service in Southwest Asia to veterans of the merchant marine who served on active duty during the period of eligibility; amending Minnesota Statutes 1997 Supplement, section 197.79, subdivisions 1 and 2.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Dorn; Johnson, R.; Ness; Kalis and Leighton introduced:

H. F. No. 3302, A bill for an act relating to education; restoring training and experience revenue; modifying the base year adjustment for special education revenue; authorizing additional flexibility for school boards when allocating compensatory revenue; amending Minnesota Statutes 1997 Supplement, sections 124.3201, subdivision 3; 124A.04, subdivision 2; and 124A.28, subdivision 1a.

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


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Mulder, Kinkel, Sykora and McGuire introduced:

H. F. No. 3303, A bill for an act relating to child care; establishing a child development providers registry; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 119B.

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

Garcia; Slawik; Skare; Johnson, R., and Rhodes introduced:

H. F. No. 3304, A bill for an act relating to commerce; prohibiting telephone solicitations by the use of predictive dialing devices; amending Minnesota Statutes 1996, section 325E.26, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 325E.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Tomassoni; Dorn; Johnson, R.; Davids and Seifert introduced:

H. F. No. 3305, A bill for an act relating to education; creating a declining pupil unit aid; amending Minnesota Statutes 1997 Supplement, section 124.17, subdivision 1.

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

Stanek introduced:

H. F. No. 3306, A bill for an act relating to crime; providing criminal penalties for persons who own, possess, or operate a short-barreled rifle; amending Minnesota Statutes 1996, section 609.67.

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

Biernat, Kelso, Seagren, Greiling and Entenza introduced:

H. F. No. 3307, A bill for an act relating to education; appropriating money for a Minnesota learning resource center.

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

Weaver, Marko, Leighton, Dawkins and Macklin introduced:

H. F. No. 3308, A bill for an act relating to courts; prohibiting discrimination in providing access to public accommodations because of means of transportation or insignia on clothing; providing a civil remedy; imposing a penalty; proposing coding for new law in Minnesota Statutes, chapter 604.

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

Garcia and Mahon introduced:

H. F. No. 3309, A bill for an act relating to the city of Richfield; authorizing establishment of tax increment financing districts subject to special rules.

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


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Long and Greenfield introduced:

H. F. No. 3310, A bill for an act relating to human services; increasing the boarding care capacity reimbursed by medical assistance for certain licensed boarding care homes; amending Minnesota Statutes 1996, section 256B.431, subdivision 4.

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

Mares introduced:

H. F. No. 3311, A bill for an act relating to the organization and operation of state government; appropriating money for the general administrative expenses of state government; modifying provisions relating to state government operations; modifying budget preparation provisions; providing for reimbursement of the health care access fund; requiring licensure of employees eligible to make sales on behalf of gambling distributors; amending Minnesota Statutes 1996, sections 3.3005, by adding a subdivision; 16A.055, subdivision 6; 16A.10, as amended; 16A.102, subdivisions 1 and 2; 16A.105; 16A.11, subdivisions 3 and 3a; 16A.501; 16A.72; 16B.04, subdivision 4; 16B.30; 17.03, subdivision 11; 43A.04, subdivision 1a; 43A.317, subdivision 8; 45.012; 84.027, subdivision 14; 116.03, subdivision 2a; 116J.011; 144.05, subdivision 2; 174.02, subdivision 1a; 175.001, subdivision 6; 190.09, subdivision 2; 196.05, subdivision 2; 216A.07, subdivision 6; 268.0122, subdivision 6; 270.02, subdivision 3a; 299A.01, subdivision 1a; 349.12, by adding a subdivision; 349.151, subdivision 4; 349.155, subdivision 3; 349.161; 349.169, subdivision 3; 363.05, subdivision 3; and 469.177, subdivision 11; Minnesota Statutes 1997 Supplement, sections 3.986, subdivisions 2 and 4; 3.987, subdivisions 1 and 2; 3.988, subdivision 3; 3.989, subdivision 2; 16A.103, subdivision 1; 16A.11, subdivision 1; 16A.641, subdivision 4; 120.0111; 241.01, subdivision 3b; 245.03, subdivision 2; and 273.1398, subdivision 8; Laws 1997, chapter 202, article 1, section 35, as amended; Laws 1997, Second Special Session chapter 2, section 8; repealing Minnesota Statutes 1996, sections 3.971, subdivision 3; 15.90; 15.91; and 15.92; Minnesota Statutes 1997 Supplement, sections 3.987, subdivision 3; 3.989, subdivisions 1, 3, and 4; 14.431; 16A.11, subdivisions 3b and 3c; and 241.015.

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

Finseth, Weaver, Bishop, Murphy and Skoglund introduced:

H. F. No. 3312, A bill for an act relating to corrections; authorizing a restitution grant program for adult offenders; proposing coding for new law in Minnesota Statutes, chapter 243.

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

Skoglund, Weaver, Carruthers, Leighton and Pawlenty introduced:

H. F. No. 3313, A bill for an act relating to the legislature; legislative subpoena; providing certain immunity for a witness who responds to a legislative subpoena; permitting a legislative committee or legislative commission to make certain disclosures; amending Minnesota Statutes 1996, section 3.153, by adding a subdivision.

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

Anderson, I.; Solberg; Long; Farrell and Abrams introduced:

H. F. No. 3314, A bill for an act relating to tobacco litigation; requiring that the use of proceeds be subject to appropriation by law; proposing coding for new law in Minnesota Statutes, chapter 1.

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


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Orfield introduced:

H. F. No. 3315, A bill for an act relating to the city of Minneapolis; adding a position to a list for certain purposes; amending Laws 1969, chapter 937, section 1, subdivision 9a, as amended.

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

Tunheim introduced:

H. F. No. 3316, A bill for an act relating to agriculture; appropriating money for research and demonstration of production techniques at a Minnesota canola production center.

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

Tuma introduced:

H. F. No. 3317, A bill for an act relating to state government; state civil service; amending Minnesota Statutes 1996, section 43A.15, subdivision 5.

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

Peterson, Seifert, Winter, Trimble and Wenzel introduced:

H. F. No. 3318, A bill for an act relating to agriculture; appropriating money for a regional studies center at Southwest State University.

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

Peterson, Winter, Trimble and Kalis introduced:

H. F. No. 3319, A bill for an act relating to animal feedlots; requiring licenses; creating and funding a cleanup fund; limiting issuance of certain permits; requiring an inventory and review; requiring a generic environmental impact statement on feedlots; appropriating money; amending Minnesota Statutes 1996, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116; proposing coding for new law as Minnesota Statutes, chapter 18G.

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

Peterson, Munger, Osthoff, Kalis and Winter introduced:

H. F. No. 3320, A bill for an act relating to agriculture; establishing a moratorium on the construction of certain large livestock feedlots.

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


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Peterson, Wenzel, Seifert, Davids and Kraus introduced:

H. F. No. 3321, A bill for an act relating to agriculture; modifying ethanol production goals and producer payments; amending Minnesota Statutes 1996, section 41A.09, subdivision 1a; Minnesota Statutes 1997 Supplement, section 41A.09, subdivision 3a; Laws 1997, chapter 216, section 7, subdivision 3.

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

Dempsey and Holsten introduced:

H. F. No. 3322, A bill for an act relating to the environment; modifying petrofund reimbursement for small gasoline retailers; amending Minnesota Statutes 1997 Supplement, section 115C.09, subdivision 3f.

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

Anderson, B.; Tunheim; Kuisle; Kielkucki and Osskopp introduced:

H. F. No. 3323, A bill for an act relating to real property; creating the Private Property Rights Protection Act; providing legislative intent; providing remedies for real property owners whose property has been inordinately burdened by governmental action; providing requirements for a property owner who seeks compensation; requiring the governmental entity to provide notice of the claim; authorizing certain settlement offers; requiring that the governmental entity and property owner file a court action if a settlement agreement contravenes the application of state law; providing for judicial review, notwithstanding the availability of administrative remedies; authorizing the property owner to file a claim of compensation upon rejection of a settlement offer; requiring the court to determine the percentage of responsibility for an inordinate burden imposed by multiple governmental entities; providing for a jury to determine the amount of compensation to the property owner; providing for costs and attorney fees; providing that the right for which compensation is paid is a transferable development right; proposing coding for new law as Minnesota Statutes, chapter 500A.

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

Ozment, Marko, Evans, Erickson and Clark, J., introduced:

H. F. No. 3324, A bill for an act relating to public safety; regulating excavation notice system; authorizing commissioner of public safety to appoint pipeline safety committee; increasing civil penalty; amending Minnesota Statutes 1996, sections 216D.04, subdivisions 1, 3, and by adding a subdivision; 216D.05; and 216D.08, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 299J; repealing Minnesota Statutes 1996, section 299J.06.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Macklin, Pugh and McGuire introduced:

H. F. No. 3325, A bill for an act relating to capital intensive public services; providing that certain documents may be classified as nonpublic data until negotiations with vendors and best and final offers are received; amending Minnesota Statutes 1996, section 13.99, by adding a subdivision; and Minnesota Statutes 1997 Supplement, section 471A.03, subdivision 3.

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


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Greenfield; Wejcman; Bradley; Clark, J., and Dorn introduced:

H. F. No. 3326, A bill for an act relating to health; modifying the home care bill of rights; amending Minnesota Statutes 1996, section 144A.44, subdivision 2.

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

Anderson, I., introduced:

H. F. No. 3327, A bill for an act relating to health; modifying certain nursing facility reimbursement rates; amending Minnesota Statutes 1997 Supplement, section 256B.431, subdivision 26.

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

Entenza and Biernat introduced:

H. F. No. 3328, A bill for an act relating to education; amending certain timelines for the learn and earn graduation achievement program; amending Minnesota Statutes 1997 Supplement, section 126.79, subdivisions 3 and 9.

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

Johnson, A.; Seagren; Biernat and Tomassoni introduced:

H. F. No. 3329, A bill for an act relating to education; authorizing a grant for remote-site consulting services; appropriating money.

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

Wenzel introduced:

H. F. No. 3330, A bill for an act relating to economic development; providing for a grant to the city of Little Falls for a conference center and retreat site; appropriating money.

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

McGuire introduced:

H. F. No. 3331, A bill for an act relating to crime; requiring separation of mentally ill inmates from other inmates; proposing coding for new law in Minnesota Statutes, chapters 243; and 641.

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

Skoglund, Chaudhary, Biernat, Larsen and Wagenius introduced:

H. F. No. 3332, A bill for an act relating to adoption; modifying conditions for open adoption agreements; amending Minnesota Statutes 1997 Supplement, section 259.58.

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


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Paymar introduced:

H. F. No. 3333, A bill for an act relating to health reporting; requiring tobacco manufacturers to report hazardous substances in their products; proposing coding for new law in Minnesota Statutes, chapter 461; repealing Minnesota Statutes 1997 Supplement, section 461.17.

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

Stanek and Larsen introduced:

H. F. No. 3334, A bill for an act relating to crime; providing felony penalties for nonresident aliens who illegally possess a firearm; amending Minnesota Statutes 1996, section 624.719.

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

Biernat and Skoglund introduced:

H. F. No. 3335, A bill for an act relating to probate; providing for background investigations before appointment of guardians or conservators; authorizing access to data on substantiated maltreatment of vulnerable adults; requiring professionals to file informational statements with the court; authorizing courts to establish competency and training requirements for professionals; establishing a pilot project for use of volunteers to review cases; appropriating money; amending Minnesota Statutes 1996, sections 525.539, by adding a subdivision; and 525.56, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 525.

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

Biernat, Schumacher, Entenza and Seagren introduced:

H. F. No. 3336, A bill for an act relating to education; creating a grant for graduation standards implementation in alternative programs and area learning centers; appropriating money.

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

Stang introduced:

H. F. No. 3337, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Stearns county.

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

Mulder introduced:

H. F. No. 3338, A bill for an act relating to child care; making changes to the at-home infant care program; amending Minnesota Statutes 1997 Supplement, section 119B.061, subdivisions 1, 2, 3, and 4.

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


Journal of the House - 69th Day - Wednesday, February 4, 1998 - Top of Page 6352

HOUSE ADVISORIES

The following House Advisory was introduced:

Paymar; Hausman; Greenfield; Clark, K., and Milbert introduced:

H. A. No. 11, A proposal to study the safety of and policies regarding pedestrian crosswalks.

The advisory was referred to the Committee on Transportation and Transit.

CONSENT CALENDAR

Winter moved that the bills on the Consent Calendar for today be continued. The motion prevailed.

CALENDAR

Winter moved that the bill on the Calendar for today be continued. The motion prevailed.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Huntley moved that the name of Sekhon be added as an author on H. F. No. 2040. The motion prevailed.

Stanek moved that the name of Workman be added as an author on H. F. No. 2055. The motion prevailed.

Boudreau moved that the name of Weaver be shown as chief author on H. F. No. 2250. The motion prevailed.

Goodno moved that the name of Bradley be added as an author on H. F. No. 2398. The motion prevailed.

Evans moved that the name of Pugh be added as an author on H. F. No. 2430. The motion prevailed.

Larsen moved that the name of Holsten be added as an author on H. F. No. 2441. The motion prevailed.

Goodno moved that the name of Westfall be added as an author on H. F. No. 2539. The motion prevailed.

Molnau moved that the names of Swenson, H., and Rifenberg be added as authors on H. F. No. 2574. The motion prevailed.

Orfield moved that the name of Leppik be added as an author on H. F. No. 2588. The motion prevailed.

Tunheim moved that the name of Westfall be added as an author on H. F. No. 2596. The motion prevailed.

Biernat moved that the name of Solberg be added as an author on H. F. No. 2679. The motion prevailed.


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Harder moved that the name of Clark, J., be added as an author on H. F. No. 2700. The motion prevailed.

Goodno moved that the name of Bradley be added as an author on H. F. No. 2729. The motion prevailed.

Davids moved that the name of Nornes be added as an author on H. F. No. 2730. The motion prevailed.

Goodno moved that the name of Wejcman be added as an author on H. F. No. 2737. The motion prevailed.

Orfield moved that the names of Abrams and Mahon be added as authors on H. F. No. 2820. The motion prevailed.

Greenfield moved that the name of Osthoff be added as an author on H. F. No. 2848. The motion prevailed.

Juhnke moved that the name of Kubly be added as an author on H. F. No. 2906. The motion prevailed.

Garcia moved that the name of Evans be added as an author on H. F. No. 2952. The motion prevailed.

Entenza moved that the name of Dawkins be added as chief author on H. F. No. 2977. The motion prevailed.

Rostberg moved that the names of Jennings and Trimble be added as authors on H. F. No. 3050. The motion prevailed.

Goodno moved that the names of Daggett, Westfall and Weaver be added as authors on H. F. No. 3092. The motion prevailed.

Macklin moved that the name of Broecker be added as an author on H. F. No. 3111. The motion prevailed.

Stanek moved that the name of Broecker be added as an author on H. F. No. 3135. The motion prevailed.

Rest moved that the name of Seagren be added as an author on H. F. No. 3175. The motion prevailed.

Mullery moved that the name of Greenfield be added as an author on H. F. No. 3176. The motion prevailed.

Juhnke moved that the names of Anderson, I.; Long and Bakk be added as authors on H. F. No. 3192. The motion prevailed.

Farrell moved that the name of Broecker be added as an author on H. F. No. 3219. The motion prevailed.

Ness moved that the names of Bakk, Davids and Tunheim be added as authors on H. F. No. 3220. The motion prevailed.

Wejcman moved that the name of Rhodes be added as an author on H. F. No. 3224. The motion prevailed.

Larsen moved that the name of Paymar be added as an author on H. F. No. 3249. The motion prevailed.

Ness moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 2, 1998, when the vote was taken on the final passage of H. F. No. 2315." The motion prevailed.

Lindner moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, January 29, 1998, when the vote was taken on the final passage of H. F. No. 2524." The motion prevailed.

Rhodes moved that H. F. No. 221 be returned to its author. The motion prevailed.


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MOTION TO FIX TIME TO RECONVENE

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, February 5, 1998. The motion prevailed.

Winter moved that the House recess subject to the call of the Chair for the purpose of meeting with the Senate in Joint Convention to hear the address by the Governor. The motion prevailed.

RECESS

RECONVENED

The Speaker called the House to order at 11:45 a.m.

The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

JOINT CONVENTION

The Speaker of the House as President of the Joint Convention called the Joint Convention to order.

Prayer was offered by Monsignor J. Jerome Boxleitner, Director, Catholic Charities of the Archdiocese of St. Paul and Minneapolis.

The roll being called the following Senators answered to their names: Anderson, Beckman and Belanger.

Senator Moe, R. D., moved that further proceedings of the roll call be suspended. The motion prevailed and a quorum was declared present.

The Sergeant at Arms announced the arrival of the Honorable Kathleen A. Blatz, Chief Justice of the Supreme Court, and the Associate Justices of the Supreme Court plus the Honorable Edward Toussaint, Jr., Chief Judge of the Court of Appeals of the State of Minnesota. They were escorted to the seats reserved for them near the rostrum.

The Sergeant at Arms announced the arrival of the Constitutional Officers of the State of Minnesota: Judith H. Dutcher, State Auditor; Michael A. McGrath, State Treasurer and Hubert H. Humphrey III, Attorney General. The Constitutional Officers were escorted to the seats reserved for them.

The Sergeant at Arms announced the arrival of former Governors Orville L. Freeman and Al Quie. The distinguished guests were escorted to the seats reserved for them.

The Sergeant at Arms announced the arrival of the Honorable Joanne E. Benson, Lieutenant Governor of the State of Minnesota. The Lieutenant Governor was escorted to the seat reserved for her at the rostrum.


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The Sergeant at Arms announced the arrival of the Honorable Arne H. Carlson, Governor of the State of Minnesota, and his official party. The Governor was escorted to the rostrum by the appointed committees.

ADDRESS BY THE GOVERNOR

Governor Arne H. Carlson was presented by the President of the Joint Convention, the Honorable Phil Carruthers, and the Governor delivered his "State of the State Address" to the members of the Joint Convention and their guests.

Following the address, Senator Moe, R. D., moved that the Joint Convention arise. The motion prevailed and the President declared the Joint Convention adjourned.

RECONVENED

The House reconvened and was called to order by the Speaker.

ADJOURNMENT

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, February 5, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives


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