Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8289

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

NINETY-FIRST DAY

Saint Paul, Minnesota, Friday, March 13, 1998

 

The House of Representatives convened at 10:00 a.m. and was called to order by Speaker pro tempore Joe Opatz.

Prayer was offered by Representative Elaine Harder, District 22B, Jackson, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Bakk and Luther were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Anderson, B., 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 - 91st Day - Friday, March 13, 1998 - Top of Page 8290

REPORTS OF CHIEF CLERK

S. F. No. 695 and H. F. No. 381, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Greenfield moved that the rules be so far suspended that S. F. No. 695 be substituted for H. F. No. 381 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1169 and H. F. No. 1351, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hasskamp moved that the rules be so far suspended that S. F. No. 1169 be substituted for H. F. No. 1351 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2078 and H. F. No. 2285, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Skoglund moved that the rules be so far suspended that S. F. No. 2078 be substituted for H. F. No. 2285 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2262 and H. F. No. 2750, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Wenzel moved that the rules be so far suspended that S. F. No. 2262 be substituted for H. F. No. 2750 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2268 and H. F. No. 2574, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Molnau moved that the rules be so far suspended that S. F. No. 2268 be substituted for H. F. No. 2574 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2276 and H. F. No. 2784, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Dawkins moved that the rules be so far suspended that S. F. No. 2276 be substituted for H. F. No. 2784 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8291

S. F. No. 2586 and H. F. No. 2326, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bishop moved that the rules be so far suspended that S. F. No. 2586 be substituted for H. F. No. 2326 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2911 and H. F. No. 2920, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Delmont moved that the rules be so far suspended that S. F. No. 2911 be substituted for H. F. No. 2920 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3084 and H. F. No. 3465, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Tomassoni moved that the rules be so far suspended that S. F. No. 3084 be substituted for H. F. No. 3465 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. Nos. 695, 1169, 2078, 2262, 2268, 2276, 2586, 2911 and 3084 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. 2315, A bill for an act relating to commerce; regulating trademarks and service marks; defining terms; providing remedies; amending Minnesota Statutes 1996, sections 333.18; 333.19, subdivision 1; 333.20, subdivisions 1 and 2; 333.21, subdivision 2; 333.23; 333.24; 333.25; 333.26; and 333.29, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 333; repealing Minnesota Statutes 1996, section 325D.165.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8292

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

Messrs. Novak, Ourada and Johnson, D. H.

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

Ozment 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. 2445. 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. 2192, A bill for an act relating to corporations; clarifying the application of certain statutory requirements for corporations created by political subdivisions; authorizing the ratification of a nonprofit corporation by Brown county; amending Minnesota Statutes 1997 Supplement, section 465.715, subdivision 1.

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

Messrs. Frederickson, Vickerman and Kelly, S. D.

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

Harder 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. 2192. The motion prevailed.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8293

Mr. Speaker:

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

H. F. No. 2489, A bill for an act relating to natural resources; modifying the description of a state trail in Ramsey and Washington counties; amending Minnesota Statutes 1996, section 85.015, subdivision 14.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Holsten moved that the House concur in the Senate amendments to H. F. No. 2489 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2489, A bill for an act relating to natural resources; modifying the description of a state trail in Ramsey and Washington counties; amending Minnesota Statutes 1996, section 85.015, subdivision 14.

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 120 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B. Dehler Knight Krinkie

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


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8294

Mr. Speaker:

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

H. F. No. 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.

Patrick E. Flahaven, Secretary of the Senate

Juhnke moved that the House refuse to concur in the Senate amendments to H. F. No. 2708, 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 that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 2119, A bill for an act relating to local government; authorizing municipalities to provide for contract bid specifications, design, and construction standards; amending Minnesota Statutes 1996, section 471.345, by adding a subdivision.

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

Ms. Johnson, J. B.; Messrs. Wiger and Johnson, D. E.

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

Jennings 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. 2119. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 2415, 2582, 2752, 2407, 726 and 2928.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8295

FIRST READING OF SENATE BILLS

S. F. No. 2415, A bill for an act relating to economic development; providing that the office of tourism may purchase items for resale without complying with competitive bidding requirements; increasing the loan maximum for challenge grants; clarifying application requirements for contaminated cleanup grants; authorizing compensation for members of the job skills partnership board; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 16B.08, subdivision 7; 116J.415, subdivision 5; 116J.553, subdivision 2; and 116L.03, subdivision 5.

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

S. F. No. 2582, A bill for an act relating to telecommunications; requiring competitors of small telephone companies to offer telecommunications service to contiguous exchange areas in certain situations; amending Minnesota Statutes 1996, section 237.16, by adding a subdivision.

The bill was read for the first time.

Jennings moved that S. F. No. 2582 and H. F. No. 2980, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2752, A bill for an act relating to the state building code; establishing a construction code advisory council; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

S. F. No. 2407, A bill for an act relating to drivers' licenses; establishing youth-oriented driver improvement clinics; establishing a graduated licensing system with provisional license phase; restricting driving privileges for holders of instruction permits and provisional licenses and requiring violation-free period before advancement to next license stage; making technical changes; appropriating money; amending Minnesota Statutes 1996, sections 120.73, subdivision 1; 169.89, subdivision 5; 169.971, subdivision 1, and by adding a subdivision; 169.972; 169.973, subdivision 1; 171.01, subdivision 14; 171.04, subdivision 1; 171.05, subdivision 2, and by adding subdivisions; 171.06, subdivision 1; 171.10, subdivision 1; 171.12, subdivision 3; 171.16, subdivision 5; 171.17, subdivisions 2 and 3; 171.172; 171.173; 171.174; 171.20, subdivision 3; 171.27; and 171.39; Minnesota Statutes 1997 Supplement, sections 171.041; 171.06, subdivisions 2 and 4; and 171.171; proposing coding for new law in Minnesota Statutes, chapter 171.

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

S. F. No. 726, A bill for an act relating to state government; modifying the state procurement process; authorizing rulemaking; making various conforming amendments; appropriating money; amending Minnesota Statutes 1996, sections 3.225, subdivision 2; 3.732, subdivision 6; 3.922, subdivision 5; 3C.10, subdivision 3; 4A.04; 6.551; 11A.24, subdivision 4; 12.221, subdivision 5; 15.054; 15.061; 16A.101; 16A.85, subdivision 1; 16B.181; 17.1015; 41A.023; 43A.23, subdivision 1; 44A.01, subdivision 1; 45.0291; 84.025, subdivision 7; 84.026; 84.0845; 85A.02, subdivisions 3, 16, and 18; 103F.515, subdivision 3; 116.03, subdivision 2; 116J.035, subdivision 1; 116J.402; 116J.58, subdivision 2; 116J.68, subdivision 2; 116J.966, subdivision 1; 124.14, subdivision 1; 126.151, subdivision 2; 129C.10, subdivision 7; 136A.06; 136A.16, subdivision 1; 136A.29, subdivision 6; 136F.23; 136F.56, subdivision 5; 136F.581, subdivision 3; 136F.66; 136F.72, subdivision 3; 136F.96; 137.35, subdivisions 1, 2, and 3; 144.0742; 144.95, subdivision 5; 161.315, subdivision 4; 161.321, subdivisions 1, 2, 5, 6, and 7; 161.41, subdivision 2; 179A.23; 198.35, subdivision 1; 216C.02, subdivision 1; 237.51, subdivision 5a; 241.0221, subdivision 6; 241.27, subdivision 2; 246.36; 246.57, subdivisions 1 and 6; 256B.031, subdivision 1; 256B.04, subdivisions 14 and 15; 298.2211, subdivision 4; 349A.06, subdivision 1; 349A.07, subdivision 6; 352.03, subdivisions 6 and 16; 354.06, subdivision 2a; 354.07, subdivision 7; 356A.06, subdivision 7; 446A.12, subdivision 5; 462A.18, subdivision 2; 471.345, subdivision 8; 473.142; 473.556, subdivision 14;


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8296

480.09, subdivision 1; and 626.90, subdivision 2; Minnesota Statutes 1997 Supplement, sections 3.225, subdivision 1; 16A.15, subdivision 3; 16B.465, subdivision 7; 16E.07, subdivision 9; 17.03, subdivision 12; 41D.03, subdivision 7; 61B.21, subdivision 1; 85A.02, subdivision 5b; 121.1113, subdivision 2; 136A.40; 138.35, subdivision 1b; 179A.03, subdivision 14; 216D.03, subdivision 2; 241.277, subdivision 2; 256B.19, subdivision 2a; 256D.03, subdivision 6; 353.03, subdivision 3a; and 626.91, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16C; and 174; repealing Minnesota Statutes 1996, sections 16B.06; 16B.07; 16B.08; 16B.09; 16B.101; 16B.102; 16B.103; 16B.123; 16B.13; 16B.14; 16B.15; 16B.16; 16B.167; 16B.17; 16B.175; 16B.18, subdivisions 1, 2, and 4; 16B.185; 16B.19; 16B.20, subdivisions 1 and 3; 16B.21; 16B.22; 16B.226; 16B.227; 16B.23; 16B.28; 16B.29; and 16B.89; Minnesota Statutes 1997 Supplement, sections 16B.18, subdivision 3; 16B.20, subdivision 2; and 16B.482.

The bill was read for the first time.

Kahn moved that S. F. No. 726 and H. F. No. 384, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2928, A bill for an act relating to insurance; prohibiting affiliates of insurance companies from engaging in rebating that is illegal for insurance companies; amending Minnesota Statutes 1996, section 72A.08, subdivisions 1, 2, and 3.

The bill was read for the first time.

Davids moved that S. F. No. 2928 and H. F. No. 3402, 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. 3830.

H. F. No. 3830, A bill for an act relating to claims; providing for payment of certain claims against the state; authorizing reimbursement of certain costs and fees; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 3.

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 126 yeas and 6 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, A. Mariani Pawlenty Stang
Anderson, I. Erickson Johnson, R. Marko Paymar Sviggum
Bettermann Evans Juhnke McCollum Pelowski Swenson, H.
Biernat Farrell Kahn McElroy Peterson Sykora
Bishop Finseth Kalis McGuire Pugh Tingelstad
Boudreau Folliard Kelso Milbert Rest Tomassoni

Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8297
Bradley Garcia Kinkel Molnau Reuter Tompkins
Broecker Goodno Knoblach Mulder Rhodes Trimble
Carlson Greenfield Koskinen Mullery Rifenberg Tuma
Chaudhary Greiling Kraus Munger Rostberg Tunheim
Clark, J. Gunther Kubly Murphy Rukavina Van Dellen
Clark, K. Haas Kuisle Ness Schumacher Vandeveer
Commers Harder Larsen Nornes Seagren Wagenius
Daggett Hasskamp Leighton Olson, E. Seifert Weaver
Davids Hausman Leppik Opatz Sekhon Wejcman
Dawkins Hilty Lieder Orfield Skare Wenzel
Dehler Holsten Lindner Osskopp Skoglund Westfall
Delmont Huntley Long Osthoff Slawik Westrom
Dempsey Jaros Macklin Otremba, M. Smith Winter
Dorn Jefferson Mahon Ozment Solberg Wolf
Entenza Jennings Mares Paulsen Stanek Spk. Carruthers

Those who voted in the negative were:

Anderson, B. Kielkucki Knight Krinkie Olson, M. Workman

The bill was passed and its title agreed to.

SPECIAL ORDERS

H. F. No. 3297 was reported to the House.

Long moved to amend H. F. No. 3297, the first engrossment, as follows:

Page 1, line 15, delete ", but does not include operation, maintenance,"

Page 1, delete lines 16 and 17, and insert a period

Page 1, line 26, delete "commencement of" and insert "initiation of physical on-site"

Page 2, delete lines 2 to 9 and insert:

"(b) A party prevailing in an action commenced within the time required under paragraph (a) shall be entitled to a declaratory judgment of liability for all future reasonable and necessary costs incurred by that party to respond to the release or threatened release, including costs and expenses under section 115B.17, subdivision 6."

Page 2, line 28, delete "make reasonable efforts to provide" and insert "give"

Page 2, line 29, before the comma insert "by publication of a notice in a newspaper of general circulation in the affected area"

Page 2, line 31, after "given" insert "by certified mail"

Page 3, line 4, after the period, insert: "Response costs incurred before the effective date of section 2 are recoverable in an action commenced on or after the effective date of section 2 only if physical on-site construction of the response action was initiated not more than six years before the cost recovery action is commenced."

The motion prevailed and the amendment was adopted.

H. F. No. 3297, A bill for an act relating to the environment; clarifying time for filing an action under MERLA; requiring public notice of proposed response actions; amending Minnesota Statutes 1996, sections 115B.02, by adding a subdivision; 115B.11; and 115B.17, by adding a subdivision.

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.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8298

Pursuant to rule 2.05, Speaker pro tempore Opatz excused Abrams from voting on H. F. No. 3297, as amended.

There were 129 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

HolstenKnight

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

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Winter from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

S. F. Nos. 3032, 2429, 3036, 2068 and 2207; H. F. No. 2625; S. F. No. 1378; and H. F. No. 2985.

SPECIAL ORDERS, Continued

S. F. No. 3032, A bill for an act relating to insurance; regulating investments of certain insurers; amending Minnesota Statutes 1996, sections 61A.14, subdivision 4; and 61A.276, subdivision 4; proposing coding for new law as Minnesota Statutes, chapter 60L.

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


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8299

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Knight Krinkie Lindner Olson, M.

The bill was passed and its title agreed to.

S. F. No. 2429, A bill for an act relating to the legislative auditor; adding a member to the local government services advisory council; clarifying the appointment of council members; amending Minnesota Statutes 1997 Supplement, section 3.971, subdivision 4.

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 126 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, R. Mariani Paulsen Stang
Anderson, I. Erickson Juhnke Marko Pawlenty Sviggum
Bettermann Evans Kalis McCollum Paymar Swenson, H.
Biernat Finseth Kelso McElroy Pelowski Sykora
Bishop Folliard Kielkucki McGuire Peterson Tingelstad
Boudreau Garcia Kinkel Milbert Pugh Tomassoni
Bradley Goodno Knoblach Molnau Rest Tompkins
Broecker Greenfield Koskinen Mulder Reuter Trimble
Carlson Greiling Kraus Mullery Rhodes Tuma

Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8300
Chaudhary Gunther Krinkie Munger Rifenberg Tunheim
Clark, J. Haas Kubly Murphy Rostberg Van Dellen
Clark, K. Harder Kuisle Ness Rukavina Vandeveer
Commers Hasskamp Larsen Nornes Schumacher Wagenius
Daggett Hausman Leighton Olson, E. Seifert Weaver
Davids Hilty Leppik Olson, M. Sekhon Wejcman
Dawkins Holsten Lieder Opatz Skare Wenzel
Dehler Huntley Lindner Orfield Skoglund Westfall
Delmont Jaros Long Osskopp Slawik Westrom
Dempsey Jefferson Macklin Osthoff Smith Winter
Dorn Jennings Mahon Otremba, M. Solberg Wolf
Entenza Johnson, A. Mares Ozment Stanek Spk. Carruthers

Those who voted in the negative were:

Anderson, B. Knight Workman

The bill was passed and its title agreed to.

S. F. No. 3036, A bill for an act relating to limited partnerships; regulating withdrawals by limited partners; changing state law to provide favorable federal estate tax valuation treatment in certain circumstances; amending Minnesota Statutes 1996, section 322A.47.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8301

S. F. No. 2068, A bill for an act relating to commerce; providing for the reliability of electronic messages; providing for certification authorities; providing licensing and enforcement powers; defining terms; providing rulemaking; amending Minnesota Statutes 1997 Supplement, sections 325K.01, subdivisions 6, 11, 18, 21, 27, 35, 39, and by adding a subdivision; 325K.03; 325K.05, subdivisions 1, 4, 5, 6, and 7; 325K.07, subdivisions 2 and 3; 325K.10, subdivision 1; 325K.12, subdivision 4; 325K.13, by adding a subdivision; 325K.14, subdivisions 1, 2, 3, 5, and by adding a subdivision; 325K.15, subdivisions 3 and 7; 325K.18, subdivisions 1 and 2; and 325K.25, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325K; repealing Minnesota Statutes 1997 Supplement, sections 325K.05, subdivision 3; 325K.06, subdivisions 3, 4, and 5; 325K.13, subdivisions 2 and 3; and 325K.14, subdivision 7.

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 106 yeas and 26 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Dehler Larsen Olson, M. Sykora Workman
Anderson, B. Erickson Lindner Paulsen Tompkins
Boudreau Kielkucki Macklin Pawlenty Van Dellen
Bradley Knight Molnau Smith Vandeveer
Broecker Krinkie Mulder Sviggum Westrom

The bill was passed and its title agreed to.

S. F. No. 2207, A bill for an act relating to health; exempting certain prescriptions from bearing a federal drug enforcement administration registration number; restricting the use and the release of the federal drug enforcement administration registration number; amending Minnesota Statutes 1996, section 152.11, by adding subdivisions.

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


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8302

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

Speaker pro tempore Opatz called Wejcman to the Chair.

H. F. No. 2625 was reported to the House.

Tomassoni moved that H. F. No. 2625 be continued on Special Orders. The motion prevailed.

S. F. No. 1378 was reported to the House.

McGuire moved to amend S. F. No. 1378 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 1626, the first engrossment:

"Section 1. Minnesota Statutes 1996, section 3.153, is amended by adding a subdivision to read:

Subd. 6. [IMMUNITY FOR DISCLOSURE; DISCLOSURE BY COMMITTEE.] A person who produces records or gives testimony in response to a subpoena issued under this section is immune from civil or criminal liability or occupational disciplinary proceedings that might otherwise result from the fact of the disclosure made by the production of the records or giving of the testimony. A joint legislative commission or standing or interim legislative committee which receives testimony or documents pursuant to a subpoena issued under this section may disclose the testimony or documents, notwithstanding any other statutory provision that restricts access to or disclosure of the documents or the substance of the testimony.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8303

Sec. 2. Minnesota Statutes 1996, section 13.33, is amended to read:

13.33 [ELECTED OFFICIALS; CORRESPONDENCE; PRIVATE DATA.]

Correspondence between individuals and elected officials is private data on individuals, but may be made public by either the sender or the recipient. This section does not apply to correspondence between elected officials or between an elected official and a government employee acting within the scope of employment.

Sec. 3. Minnesota Statutes 1997 Supplement, section 13.37, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them.

(a) "Security information" means government data the disclosure of which would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers.

(b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

(c) "Labor relations information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position.

(d) "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, and work telephone number, and location of the parking space.

(e) "Internal competitive proposal" means a proposal to provide government services that is prepared by the staff of a political subdivision in competition with proposals solicited by the political subdivision from the private sector.

Sec. 4. Minnesota Statutes 1997 Supplement, section 13.46, subdivision 2, is amended to read:

Subd. 2. [GENERAL.] (a) Unless the data is summary data or a statute specifically provides a different classification, data on individuals collected, maintained, used, or disseminated by the welfare system is private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system, including a law enforcement person, attorney, or investigator acting for it in the investigation or prosecution of a criminal or civil proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to determine eligibility, amount of assistance, and the need to provide services of additional programs to the individual;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8304

(8) the amounts of cash public assistance and relief paid to welfare recipients in this state, including their names, social security numbers, income, addresses, and other data as required, upon request by the department of revenue to administer the property tax refund law, supplemental housing allowance, early refund of refundable tax credits, and the income tax. "Refundable tax credits" means the dependent care credit under section 290.067, the Minnesota working family credit under section 290.0671, the property tax refund under section 290A.04, and, if the required federal waiver or waivers are granted, the federal earned income tax credit under section 32 of the Internal Revenue Code;

(9) to between the department of human services and the Minnesota department of economic security for the purpose of monitoring the eligibility of the data subject for reemployment insurance, for any employment or training program administered, supervised, or certified by that agency, or for the purpose of administering any rehabilitation program, whether alone or in conjunction with the welfare system, and to verify receipt of energy assistance for the telephone assistance plan or exchange data on recipients and former recipients of food stamps, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L to monitor and evaluate the statewide Minnesota family investment program;

(10) to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the individual or other individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be disclosed to the protection and advocacy system established in this state according to Part C of Public Law Number 98-527 to protect the legal and human rights of persons with mental retardation or other related conditions who live in residential facilities for these persons if the protection and advocacy system receives a complaint by or on behalf of that person and the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be disclosed to the higher education services office to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant social security numbers and names collected by the telephone assistance program may be disclosed to the department of revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a recipient of aid to families with dependent children or Minnesota family investment program-statewide may be disclosed to law enforcement officers who provide the name of the recipient and notify the agency that:

(i) the recipient:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony under the laws of the jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance or general assistance medical care may be disclosed to probation officers and corrections agents who are supervising the recipient and to law enforcement officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from food stamp applicant or recipient households may be disclosed to local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food Stamp Act, according to Code of Federal Regulations, title 7, section 272.1(c);


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8305

(18) the address, social security number, and, if available, photograph of any member of a household receiving food stamps shall be made available, on request, to a local, state, or federal law enforcement officer if the officer furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law; or

(C) has information that is necessary for the officer to conduct an official duty related to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) certain information regarding child support obligors who are in arrears may be made public according to section 518.575;

(20) data on child support payments made by a child support obligor, and data on the distribution of those payments excluding identifying information on obligees may be disclosed to all obligees to whom the obligor owes support, and data on the enforcement actions undertaken by the public authority and, the status of those actions, and data on the income of the obligor or obligee may be disclosed to the other party;

(21) data in the work reporting system may be disclosed under section 256.998, subdivision 7;

(22) to the department of children, families, and learning for the purpose of matching department of children, families, and learning student data with public assistance data to determine students eligible for free and reduced price meals, meal supplements, and free milk according to United States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to produce accurate numbers of students receiving aid to families with dependent children or Minnesota family investment program-statewide as required by section 124.175; to verify receipt of energy assistance for the telephone assistance plan; and to allocate federal and state funds that are distributed based on income of the student's family;

(23) the current address and telephone number of program recipients and emergency contacts may be released to the commissioner of health or a local board of health as defined in section 145A.02, subdivision 2, when the commissioner or local board of health has reason to believe that a program recipient is a disease case, carrier, suspect case, or at risk of illness, and the data are necessary to locate the person; or

(24) to other state agencies, statewide systems, and political subdivisions of this state, including the attorney general, and agencies of other states, interstate information networks, federal agencies, and other entities as required by federal regulation or law for the administration of the child support enforcement program;

(25) to provide personnel of the public assistance programs as defined in section 256.741 access to the child support system database for the purpose of administration, including monitoring and evaluation of those public assistance programs; or support and public assistance programs, between personnel of the child support enforcement program and personnel of public assistance programs providing any form of assistance under AFDC, MFIP, and MFIP-R under chapter 256; MFIP-S under chapter 256J; and work first under chapter 256K; child care assistance provided through the child care fund under chapter 119B; any form of assistance under medical assistance under chapter 256B; general assistance medical care under chapter 256D; or MinnesotaCare under chapter 256L; and foster care as provided under title IV-E of the Social Security Act; or

(26) to exchange data between the departments of human services and children, families, and learning on recipients and former recipients of food stamps; cash assistance under chapter 256, 256D, 256J, or 256K; child care assistance under chapter 119B; or medical programs under chapter 256B, 256D, or 256L, to monitor and evaluate the statewide Minnesota family investment program.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8306

(b) Information on persons who have been treated for drug or alcohol abuse may only be disclosed according to the requirements of Code of Federal Regulations, title 42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected nonpublic while the investigation is active. The data are private after the investigation becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is not subject to the access provisions of subdivision 10, paragraph (b).

Sec. 5. Minnesota Statutes 1996, section 13.65, subdivision 1, is amended to read:

Subdivision 1. [PRIVATE DATA.] The following data created, collected, and maintained by the office of the attorney general are classified as private data on individuals:

(a) the record, including but not limited to, the transcript and exhibits of all disciplinary proceedings held by a state agency, board or commission, except in those instances where there is a public hearing;

(b) communications and noninvestigative files regarding administrative or policy matters which do not evidence final public actions;

(c) consumer complaint data, other than that data classified as confidential, including consumers' complaints against businesses and follow-up investigative materials, except as otherwise provided by subdivision 2a;

(d) investigative data, obtained in anticipation of, or in connection with litigation or an administrative proceeding where the investigation is not currently active; and

(e) data collected by the consumer division of the attorney general's office in its administration of the home protection hot line including: the name, address, and phone telephone number of the consumer; the name and address of the mortgage company; the total amount of the mortgage; the amount of money needed to bring the delinquent mortgage current; the consumer's place of employment; the consumer's total family income; and the history of attempts made by the consumer to renegotiate a delinquent mortgage.

Sec. 6. Minnesota Statutes 1996, section 13.65, is amended by adding a subdivision to read:

Subd. 2a. [CERTAIN CONSUMER COMPLAINT DATA.] The name, address, and telephone number of a person who has filed a consumer complaint with the consumer division of the attorney general's office may be released to an attorney representing a party in an action involving a consumer complaint if:

(1) the attorney general determines that release of the data would not interfere with an active investigation or litigation being conducted by the attorney general; and

(2) the individual grants permission to the attorney general to allow release of the data.

Sec. 7. Minnesota Statutes 1996, section 13.794, subdivision 1, is amended to read:

Subdivision 1. [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC DATA.] Data, notes, and preliminary drafts of reports created, collected, and maintained by the internal audit offices of state agencies and political subdivisions, or persons performing audits for state agencies and political subdivisions, and relating to an audit or investigation are confidential data on individuals or protected nonpublic data until the final report has been published or the audit or investigation is no longer being pursued actively., except that they shall be disclosed as necessary to comply with the requirements of section 6.67 or 609.456. This section does not limit in any way the state auditor's access to government data of political subdivisions or data, notes, or preliminary drafts of reports of persons performing audits for political subdivisions.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8307

Sec. 8. Minnesota Statutes 1996, section 13.82, is amended by adding a subdivision to read:

Subd. 3b. [DOMESTIC ABUSE DATA.] The written police report required by section 629.341, subdivision 4, of an alleged incident described in section 629.341, subdivision 1, and any arrest report or incident report arising out of such an incident or out of an alleged violation of an order for protection shall be released upon request, at no cost, to an organization designated by the Minnesota center for crime victims services, the department of corrections, or the department of public safety that provides services to victims of domestic abuse. The executive director or the commissioner of the appropriate state agency shall develop written criteria for this designation in consultation with the battered women's advisory council.

Sec. 9. Minnesota Statutes 1996, section 13.85, subdivision 2, is amended to read:

Subd. 2. [PRIVATE DATA.] Unless the data are summary data or arrest data, or a statute specifically provides a different classification, corrections and detention data on individuals are classified as private pursuant to section 13.02, subdivision 12, to the extent that the release of the data would either (a) disclose personal, medical, psychological, or financial information, or personal information not related to their lawful confinement or detainment or (b) endanger an individual's life.

Sec. 10. Minnesota Statutes 1996, section 168.346, is amended to read:

168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]

(a) The registered owner of a motor vehicle may request in writing that the owner's residence address or name and residence address be classified as private data on individuals, as defined in section 13.02, subdivision 12. The commissioner shall grant the classification upon receipt of a signed statement by the owner that the classification is required for the safety of the owner or the owner's family, if the statement also provides a valid, existing address where the owner consents to receive service of process. The commissioner shall use the mailing address in place of the residence address in all documents and notices pertaining to the motor vehicle. The residence address or name and residence address and any information provided in the classification request, other than the mailing address, are private data on individuals and may be provided to requesting law enforcement agencies, probation and parole agencies, and public authorities, as defined in section 518.54, subdivision 9.

(b) An individual registered owner of a motor vehicle must be informed in a clear and conspicuous manner on the forms for issuance or renewal of titles and registrations, that the owner's personal information may be disclosed to any person who makes a request for the personal information, and that, except for uses permitted by United States Code, title 18, section 2721, clause (b), the registered owner may prohibit disclosure of the personal information by so indicating on the form.

(c) At the time of registration or renewal, the individual registered owner of a motor vehicle must also be informed in a clear and conspicuous manner on forms that the owner's personal information may be used, rented, or sold solely for bulk distribution by organizations for business purposes including surveys, marketing, and solicitation. The commissioner shall implement methods and procedures that enable the registered owner to request that bulk surveys, marketing, or solicitation not be directed to the owner. If the registered owner so requests, the commissioner shall implement the request in a timely manner and the personal information may not be so used.

(d) To the extent permitted by United States Code, title 18, section 2721, data on individuals provided to register a motor vehicle is public data on individuals and shall be disclosed as permitted by United States Code, title 18, section 2721, clause (b). For purposes of this paragraph, access by requesters making requests described in section 168.345, subdivision 4, is deemed to be related to public safety.

Sec. 11. Minnesota Statutes 1997 Supplement, section 260.161, subdivision 1, is amended to read:

Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The juvenile court judge shall keep such minutes and in such manner as the court deems necessary and proper. Except as provided in paragraph (b), the court shall keep and maintain records pertaining to delinquent adjudications until the person reaches the age of 28 years and shall release the records on an individual to another juvenile court that has jurisdiction of the juvenile, to a requesting adult court for purposes


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8308

of sentencing, or to an adult court or juvenile court as required by the right of confrontation of either the United States Constitution or the Minnesota Constitution. The juvenile court shall provide, upon the request of any other juvenile court, copies of the records concerning adjudications involving the particular child. The court also may provide copies of records concerning delinquency adjudications, on request, to law enforcement agencies, probation officers, and corrections agents if the court finds that providing these records serves public safety or is in the best interests of the child. Until July 1, 1999, juvenile court delinquency proceeding records of adjudications, court transcripts, and delinquency petitions, including any probable cause attachments that have been filed or police officer reports relating to a petition, must be released to requesting law enforcement agencies and prosecuting authorities for purposes of investigating and prosecuting violations of section 609.229, provided that psychological or mental health reports may not be included with those records. The records have the same data classification in the hands of t The agency receiving them as they had in the hands of the court the records may release the records only as permitted under this section or authorized by law.

The court shall also keep an index in which files pertaining to juvenile matters shall be indexed under the name of the child. After the name of each file shall be shown the file number and, if ordered by the court, the book and page of the register in which the documents pertaining to such file are listed. The court shall also keep a register properly indexed in which shall be listed under the name of the child all documents filed pertaining to the child and in the order filed. The list shall show the name of the document and the date of filing thereof. The juvenile court legal records shall be deposited in files and shall include the petition, summons, notice, findings, orders, decrees, judgments, and motions and such other matters as the court deems necessary and proper. Unless otherwise provided by law, all court records shall be open at all reasonable times to the inspection of any child to whom the records relate, and to the child's parent and guardian.

(b) The court shall retain records of the court finding that a juvenile committed an act that would be a felony or gross misdemeanor level offense until the offender reaches the age of 28. If the offender commits a felony as an adult, or the court convicts a child as an extended jurisdiction juvenile, the court shall retain the juvenile records for as long as the records would have been retained if the offender had been an adult at the time of the juvenile offense. This paragraph does not apply unless the juvenile was provided counsel as required by section 260.155, subdivision 2.

Sec. 12. Minnesota Statutes 1997 Supplement, section 268.19, is amended to read:

268.19 [INFORMATION.]

(a) Except as hereinafter otherwise provided by this section, data gathered from any employing unit employer or individual pursuant to the administration of sections 268.03 to 268.23, and from any determination as to the benefit rights of any individual are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except pursuant to a court order or section 13.05. These data may be disseminated to and used by the following agencies without the consent of the subject of the data:

(a) (1) state and federal agencies specifically authorized access to the data by state or federal law;

(b) (2) any agency of this Minnesota or any other state; or any federal agency charged with the administration of an employment security law or the maintenance of a system of public employment offices;

(c) local (3) human rights groups agencies within the state Minnesota which have enforcement powers;

(d) (4) the department of revenue shall have access to department of economic security private data on individuals and nonpublic data not on individuals only to the extent necessary for enforcement of Minnesota tax laws;

(e) (5) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

(f) (6) the department of labor and industry on an interchangeable basis with the department of economic security subject to the following limitations and notwithstanding any law to the contrary:

(1) (i) the department of economic security shall have access to private data on individuals and nonpublic data not on individuals for uses consistent with the administration of its duties under sections 268.03 to 268.23; and


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8309

(2) (ii) the department of labor and industry shall have access to private data on individuals and nonpublic data not on individuals for uses consistent with the administration of its duties under state Minnesota law;

(g) (7) the department of trade and economic development may have access to private data on individual employing units employers and nonpublic data not on individual employing units employers for its internal use only; when received by the department of trade and economic development, the data remain private data on individuals or nonpublic data;

(h) (8) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department of economic security, or to monitor and evaluate the statewide Minnesota Family Investment Program by providing data on recipients and former recipients of food stamps, cash, child care, and medical programs;

(i) (9) local, state, and federal law enforcement agencies for the sole purpose of ascertaining the last known address and employment location of the data subject, provided the data subject is the subject of a criminal investigation; and

(j) (10) the department of health may have access to private data on individuals and nonpublic data not on individuals solely for the purposes of epidemiologic investigations.

(b) Data on individuals and employing units employers which are collected, maintained, or used by the department in an investigation pursuant to section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and shall not be disclosed except pursuant to statute or court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

(c) Tape recordings and transcripts of recordings of proceedings conducted in accordance with section 268.105 and exhibits received into evidence at those proceedings are private data on individuals and nonpublic data not on individuals and shall be disclosed only pursuant to the administration of section 268.105, or pursuant to a court order.

Aggregate data about employers compiled from individual job orders placed with the department of economic security are private data on individuals and nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, if the commissioner determines that divulging the data would result in disclosure of the identity of the employer.

(d) The department may disseminate an employer's name, address, industry code, occupations employed, and the number of employees by ranges of not less than 100 for the purpose of assisting individuals using the Minnesota Workforce Center System in obtaining employment.

(e) The general aptitude test battery and the nonverbal aptitude test battery as administered by the department are also classified as private data on individuals or nonpublic data.

(f) Data on individuals collected, maintained, or created because an individual applies for benefits or services provided by the energy assistance and weatherization programs administered by the department of economic security is private data on individuals and shall not be disseminated except pursuant to section 13.05, subdivisions 3 and 4.

(g) Data gathered by the department pursuant to the administration of sections 268.03 to 268.23 shall not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.

Sec. 13. Minnesota Statutes 1997 Supplement, section 270B.01, subdivision 8, is amended to read:

Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this chapter only, unless expressly stated otherwise, "Minnesota tax laws" means the taxes, refunds, and fees administered by or paid to the commissioner under chapters 115B (except taxes imposed under sections 115B.21 to 115B.24), 289A (except taxes imposed under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 297A, and 297H and sections 295.50 to 295.59, or any similar Indian tribal tax administered by the commissioner pursuant to any tax agreement between the state and the Indian tribal government, and includes any laws for the assessment, collection, and enforcement of those taxes, refunds, and fees.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8310

Sec. 14. Minnesota Statutes 1996, section 270B.02, subdivision 3, is amended to read:

Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the name or existence of an informer, informer letters, and other unsolicited data, in whatever form, given to the department of revenue by a person, other than the data subject, who informs that a specific taxpayer is not or may not be in compliance with tax laws, or nontax laws administered by the department of revenue, including laws not listed in section 270B.01, subdivision 8, are confidential data on individuals or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13.

(b) Data under paragraph (a) may be disclosed with the consent of the informer or upon a written finding by a court that the information provided by the informer was false and that there is evidence that the information was provided in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the rules of criminal procedure.

Sec. 15. Minnesota Statutes 1996, section 270B.03, subdivision 6, is amended to read:

Subd. 6. [INVESTIGATIVE DATA.] Notwithstanding For purposes of any law to the contrary, the disclosure of administered by the department of revenue, including laws not listed in section 270B.01, subdivision 8, investigative data collected or created by the department of revenue in order to prepare a case against a person, whether known or unknown, for the commission of a crime is governed by section 13.82, subdivision 5, confidential or protected nonpublic during an investigation. When the investigation becomes inactive, as defined in section 13.82, subdivision 5, the previous classifications otherwise applicable under any other laws become effective.

Sec. 16. Minnesota Statutes 1996, section 270B.12, subdivision 6, is amended to read:

Subd. 6. [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY GENERAL.] Returns and return information may shall be open to inspection by or disclosure to an employee or agent of the department of revenue and the attorney general only for the purpose of and to the extent necessary to administer tax laws.

Sec. 17. Minnesota Statutes 1996, section 629.341, subdivision 4, is amended to read:

Subd. 4. [REPORT REQUIRED.] Whenever a peace officer investigates an allegation that an incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer shall make a written police report of the alleged incident. The report must contain at least the following information: the name, address, and telephone number of the victim, a statement as to whether or not an arrest occurred, the name of the arrested person, and a brief summary of the incident. The report required by the subdivision is private data but shall be provided upon request, at no cost, to organizations designated by the Minnesota crime victims services center, the department of public safety, or the commissioner of corrections that are providing services to victims of domestic abuse. The officer shall submit the report to the officer's supervisor or other person to whom the employer's rules or policies require reports of similar allegations of criminal activity to be made.

Sec. 18. [REPEALER.]

Minnesota Statutes 1996, section 270.10, subdivision 3, is repealed.

Sec. 19. [REVISOR'S INSTRUCTION.]

In the next edition of Minnesota Statutes, the revisor must renumber section 13.794 as 13.392 or otherwise include it among appropriate sections that refer to both state agencies and political subdivisions in Minnesota Statutes, chapter 13.

Sec. 20. [EFFECTIVE DATE.]

Sections 4, clause (25); 13 to 16; and 18 are effective the day following final enactment.

Sections 7 and 19 are effective July 1, 1998."

The motion prevailed and the amendment was adopted.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8311

McGuire moved to amend S. F. No. 1378, as amended, as follows:

Page 2, delete section 2

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

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

McElroy, Broecker, Jennings and Larsen moved to amend S. F. No. 1378, as amended, as follows:

Page 9 of the delete everything amendment, delete section 6

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 McElroy et al amendment and the roll was called. There were 85 yeas and 44 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kielkucki Marko Pelowski Tingelstad
Anderson, B. Erickson Kinkel McElroy Peterson Tomassoni
Bettermann Farrell Knight Milbert Reuter Tuma
Bishop Finseth Knoblach Molnau Rhodes Tunheim
Boudreau Folliard Koskinen Mulder Rifenberg Van Dellen
Bradley Goodno Kraus Ness Rostberg Vandeveer
Broecker Gunther Krinkie Nornes Schumacher Weaver
Carlson Haas Kubly Olson, E. Seagren Westfall
Clark, J. Harder Kuisle Olson, M. Seifert Westrom
Commers Hasskamp Larsen Opatz Solberg Wolf
Daggett Holsten Leppik Osskopp Stanek
Davids Huntley Lieder Otremba, M. Stang
Dehler Jennings Lindner Ozment Sviggum
Dempsey Johnson, A. Long Paulsen Swenson, H.
Dorn Juhnke Mares Pawlenty Sykora

Those who voted in the negative were:

Anderson, I. Greiling Kelso Munger Sekhon Wejcman
Biernat Hausman Leighton Murphy Skare Wenzel
Chaudhary Hilty Macklin Orfield Skoglund Winter
Clark, K. Jaros Mahon Osthoff Slawik Spk. Carruthers
Dawkins Jefferson Mariani Paymar Smith
Evans Johnson, R. McCollum Pugh Tompkins
Garcia Kahn McGuire Rest Trimble
Greenfield Kalis Mullery Rukavina Wagenius

The motion prevailed and the amendment was adopted.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8312

Johnson, R.; McCollum and Leppik moved to amend S. F. No. 1378, as amended, as follows:

Page 3, after line 18, insert:

"Sec. 4. [13.386] [TRIBAL HEALTH DATA.]

All data created, collected, received, or maintained by the commissioner of health in conjunction and cooperation with a federally recognized Indian tribe with an enrolled membership of under 550 individuals and which relate to cancer incidence among tribal members are private data on individuals. Notwithstanding section 13.07, subdivision 7, summary data derived from data described in this section are non-public data but shall be released to the tribal council."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

CALL OF THE HOUSE

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

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

Winter 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.

Weaver offered an amendment to S. F. No. 1378, as amended.

POINT OF ORDER

Skoglund raised a point of order pursuant to rule 3.09 that the Weaver amendment was not in order. Speaker pro tempore Wejcman ruled the point of order well taken and the Weaver amendment out of order.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8313

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 Speaker pro tempore Wejcman stand as the judgment of the House?" and the roll was called.

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

There were 67 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Garcia Kahn McCollum Pelowski Trimble
Biernat Greenfield Kalis McGuire Peterson Tunheim
Carlson Greiling Kelso Milbert Pugh Wagenius
Chaudhary Hasskamp Kinkel Mullery Rest Wejcman
Clark, K. Hausman Koskinen Munger Rukavina Wenzel
Dawkins Hilty Kubly Murphy Schumacher Winter
Delmont Huntley Leighton Olson, E. Sekhon Spk. Carruthers
Dorn Jaros Lieder Opatz Skare
Entenza Jefferson Long Orfield Skoglund
Evans Jennings Mahon Osthoff Slawik
Farrell Johnson, A. Mariani Otremba, M. Solberg
Folliard Johnson, R. Marko Paymar Tomassoni

Those who voted in the negative were:

Abrams Dehler Knight Molnau Rifenberg Tompkins
Anderson, B. Dempsey Knoblach Mulder Rostberg Tuma
Bettermann Erhardt Kraus Ness Seagren Van Dellen
Bishop Erickson Krinkie Nornes Seifert Vandeveer
Boudreau Finseth Kuisle Olson, M. Smith Weaver
Bradley Goodno Larsen Osskopp Stanek Westfall
Broecker Gunther Leppik Ozment Stang Westrom
Clark, J. Haas Lindner Paulsen Sviggum Wolf
Commers Harder Macklin Pawlenty Swenson, H.
Daggett Holsten Mares Reuter Sykora
Davids Kielkucki McElroy Rhodes Tingelstad

So it was the judgment of the House that the decision of Speaker pro tempore Wejcman should stand.

Stanek moved to amend S. F. No. 1378, as amended, as follows:

Page 18 of the delete everything amendment, line 15, delete everything after the period

Page 18 of the delete everything amendment, delete lines 16 to 18

Page 18 of the delete everything amendment, line 19, delete "incident."

A roll call was requested and properly seconded.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8314

The question was taken on the Stanek amendment and the roll was called. There were 64 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Knight Molnau Rifenberg Tompkins
Anderson, B. Dempsey Knoblach Mulder Rostberg Tuma
Bettermann Erhardt Kraus Ness Seagren Van Dellen
Bishop Erickson Krinkie Nornes Seifert Vandeveer
Boudreau Finseth Kuisle Olson, M. Smith Weaver
Bradley Goodno Larsen Osskopp Stanek Wenzel
Broecker Gunther Leppik Ozment Stang Westfall
Clark, J. Haas Lindner Paulsen Sviggum Westrom
Commers Harder Macklin Pawlenty Swenson, H. Wolf
Daggett Holsten Mares Reuter Sykora
Davids Kielkucki McElroy Rhodes Tingelstad

Those who voted in the negative were:

Anderson, I. Garcia Juhnke Marko Paymar Tomassoni
Biernat Greenfield Kahn McCollum Pelowski Trimble
Carlson Greiling Kalis McGuire Peterson Tunheim
Chaudhary Hasskamp Kelso Milbert Pugh Wagenius
Clark, K. Hausman Kinkel Mullery Rest Wejcman
Dawkins Hilty Koskinen Munger Rukavina Winter
Delmont Huntley Kubly Murphy Schumacher Spk. Carruthers
Dorn Jaros Leighton Olson, E. Sekhon
Entenza Jefferson Lieder Opatz Skare
Evans Jennings Long Orfield Skoglund
Farrell Johnson, A. Mahon Osthoff Slawik
Folliard Johnson, R. Mariani Otremba, M. Solberg

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

S. F. No. 1378, A bill for an act relating to government data practices; modifying the Data Practices Act; providing for data privacy for certain audit information; classifying certain law enforcement data; providing for the classification of and access to government data; providing that certain documents may be classified as nonpublic data until negotiations with vendors and best and final offers are received; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 13.794, subdivision 1; 13.82, by adding subdivisions; 13.85, subdivision 2; 13.99, by adding subdivisions; 171.12, subdivision 1; 270B.02, subdivision 3; 270B.03, subdivision 6; 270B.12, subdivision 6; and 629.341, subdivision 4; Minnesota Statutes 1997 Supplement, sections 13.46, subdivision 2; 260.161, subdivision 1; 268.19; 270B.01, subdivision 8; 299C.095, subdivision 2; and 471A.03, subdivision 3; repealing Minnesota Statutes 1996, section 270.10, 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.

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

There were 69 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Garcia Juhnke Mariani Otremba, M. Solberg
Biernat Greenfield Kahn Marko Paymar Tomassoni
Carlson Greiling Kalis McCollum Pelowski Trimble
Chaudhary Hasskamp Kelso McGuire Peterson Tunheim
Clark, K. Hausman Kinkel Milbert Pugh Wagenius
Dawkins Hilty Koskinen Mullery Rest Wejcman

Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8315
Delmont Huntley Kubly Munger Schumacher Wenzel
Dorn Jaros Leighton Murphy Sekhon Winter
Entenza Jefferson Lieder Olson, E. Skare Spk. Carruthers
Evans Jennings Long Opatz Skoglund
Farrell Johnson, A. Macklin Orfield Slawik
Folliard Johnson, R. Mahon Osthoff Smith

Those who voted in the negative were:

Abrams Dempsey Knoblach Ness Rukavina Van Dellen
Anderson, B. Erhardt Kraus Nornes Seagren Vandeveer
Bettermann Erickson Krinkie Olson, M. Seifert Weaver
Boudreau Finseth Kuisle Osskopp Stanek Westfall
Bradley Goodno Larsen Ozment Stang Westrom
Broecker Gunther Leppik Paulsen Sviggum Wolf
Clark, J. Haas Lindner Pawlenty Swenson, H.
Commers Harder Mares Reuter Sykora
Daggett Holsten McElroy Rhodes Tingelstad
Davids Kielkucki Molnau Rifenberg Tompkins
Dehler Knight Mulder Rostberg Tuma

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

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

H. F. No. 2985 was reported to the House.

Entenza moved to amend H. F. No. 2985, the second engrossment, as follows:

Page 18, line 3, delete "Not" and insert "No"

The motion prevailed and the amendment was adopted.

Entenza, Mulder and Tompkins moved to amend H. F. No. 2985, the second engrossment, as amended, as follows:

Page 18, line 1, after the period, insert: "Access to hospital and other medical records of the child's parent are limited to records of prenatal care needed to determine whether abuse or neglect occurred."

Page 18, delete the sentence beginning on line 15, and insert "Neither members of the panel nor a person attending a citizen review panel meeting shall disclose what transpired at the meeting, except to carry out the purposes of the review panel."

The motion prevailed and the amendment was adopted.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8316

Tingelstad and Entenza moved to amend H. F. No. 2985, the second engrossment, as amended, as follows:

Page 24, line 22, after "decisions" insert "after placement"

Page 24, line 23, after "payment" insert "for medical care"

Page 46, line 27, strike everything after "518"

Page 46, line 28, strike everything before "; or"

Page 46, after line 31, insert:

"(3) The court is not prohibited from finding abandonment in the absence of the presumption in clause (1) or (2)."

The motion prevailed and the amendment was adopted.

Broecker and Seagren moved to amend H. F. No. 2985, the second engrossment, as amended, as follows:

Page 17, line 34, before the semicolon, insert "only if maltreatment is determined by a social service agency to have occurred"

Page 17, line 36, before the semicolon, insert "only if maltreatment is determined by a social service agency to have occurred"

A roll call was requested and properly seconded.

The question was taken on the Broecker and Seagren amendment and the roll was called.

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

There were 39 yeas and 89 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Jaros McElroy Rifenberg Tuma
Boudreau Erickson Kielkucki Molnau Rostberg Van Dellen
Bradley Finseth Knoblach Mulder Seagren Vandeveer
Broecker Goodno Kraus Nornes Seifert Westfall
Commers Haas Krinkie Olson, M. Smith
Daggett Harder Larsen Ozment Stang
Davids Holsten Mares Paulsen Sviggum

Those who voted in the negative were:

Anderson, B. Evans Juhnke Marko Pelowski Sykora
Anderson, I. Farrell Kahn McCollum Peterson Tingelstad
Bettermann Folliard Kalis McGuire Pugh Tomassoni

Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8317
Biernat Garcia Kelso Milbert Rest Tompkins
Bishop Greenfield Kinkel Mullery Reuter Trimble
Carlson Greiling Koskinen Munger Rhodes Tunheim
Chaudhary Gunther Kubly Murphy Rukavina Wagenius
Clark, J. Hasskamp Kuisle Ness Schumacher Weaver
Clark, K. Hausman Leighton Olson, E. Sekhon Wejcman
Dawkins Hilty Leppik Opatz Skare Wenzel
Delmont Huntley Lieder Orfield Skoglund Westrom
Dempsey Jefferson Lindner Osskopp Slawik Winter
Dorn Jennings Long Otremba, M. Solberg Wolf
Entenza Johnson, A. Mahon Pawlenty Stanek Spk. Carruthers
Erhardt Johnson, R. Mariani Paymar Swenson, H.

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

Entenza moved to amend H. F. No. 2985, the second engrossment, as amended, as follows:

Page 63, line 1, delete "morality" and insert "mortality"

The motion prevailed and the amendment was adopted.

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

H. F. No. 2985, A bill for an act relating to children; providing for child welfare reform; changing requirements and procedures; restricting release of certain information; establishing citizen review panels; clarifying jurisdiction; establishing programs for child abuse and neglect assessments and investigations and concurrent planning for permanent placement; providing for protection of children; requiring reviews; defining terms; imposing duties; amending Minnesota Statutes 1996, sections 3.153, by adding a subdivision; 13.391; 256.01, subdivision 12, and by adding a subdivision; 257.42; 257.43; 259.24, subdivision 1; 259.37, subdivision 2; 260.011, subdivision 2; 260.141, by adding a subdivision; 260.172, subdivision 1; 260.191, subdivision 1e; 260.221, as amended; and 626.556, subdivisions 10, 10h, 11a, and by adding subdivisions; Minnesota Statutes 1997 Supplement, sections 144.218, subdivision 2; 245A.03, subdivision 2; 245A.04, subdivisions 3b and 3d; 257.85, subdivision 5; 259.22, subdivision 4; 259.47, subdivision 3; 259.60, subdivision 2; 260.012; 260.015, subdivision 29; 260.191, subdivisions 1, 1a, and 3b; 260.241, subdivision 3; and 626.556, subdivisions 2, 10e, 11, and 11c; proposing coding for new law in Minnesota Statutes, chapters 257; and 626.

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.

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

There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8318
Abrams Erhardt Johnson, R. Marko Pelowski Sykora
Anderson, B. Erickson Juhnke McCollum Peterson Tingelstad
Anderson, I. Evans Kahn McElroy Pugh Tomassoni
Bettermann Farrell Kalis McGuire Rest Tompkins
Biernat Finseth Kelso Milbert Reuter Trimble
Bishop Folliard Kielkucki Molnau Rhodes Tuma
Boudreau Garcia Kinkel Mulder Rifenberg Tunheim
Bradley Goodno Knoblach Mullery Rostberg Van Dellen
Broecker Greenfield Koskinen Munger Rukavina Vandeveer
Carlson Greiling Kraus Murphy Schumacher Wagenius
Chaudhary Gunther Krinkie Ness Seagren Weaver
Clark, J. Haas Kubly Nornes Seifert Wejcman
Clark, K. Harder Kuisle Olson, E. Sekhon Wenzel
Commers Hasskamp Larsen Olson, M. Skare Westfall
Daggett Hausman Leighton Opatz Skoglund Westrom
Davids Hilty Leppik Orfield Slawik Winter
Dawkins Holsten Lieder Osskopp Smith Wolf
Dehler Huntley Lindner Otremba, M. Solberg Spk. Carruthers
Delmont Jaros Long Ozment Stanek
Dempsey Jefferson Mahon Paulsen Stang
Dorn Jennings Mares Pawlenty Sviggum
Entenza Johnson, A. Mariani Paymar Swenson, H.

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

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Mahon moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2316." The motion prevailed.

Mahon moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2372." The motion prevailed.

Workman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2372." The motion prevailed.

Mahon moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2447, as amended." The motion prevailed.

Workman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 12, 1998, when the vote was taken on the final passage of S. F. No. 2447, as amended." The motion prevailed.

PROTEST AND DISSENT

Pursuant to Article IV, Section 11, of the Minnesota Constitution, we the undersigned members, register our protest and dissent regarding the comments made by the Minority Leader, Steve Sviggum, on the floor of the House in arguing against House File 3843, the Capitol Investment bill, on Thursday, March 12, 1998.

Representative Sviggum repeatedly and publicly asserted that members who would vote for the bonding bill had been "bought and paid for." He also made several references to "bribes" associated with provisions of the bill. These remarks could be interpreted as implying that members were acting outside the law, and were perhaps even guilty of acts constituting bribery, a felony under Minnesota Statutes 609.42. The reckless and repeated use of this accusatory language, without foundation in fact, casts unwarranted aspersions upon those subsequently voting "aye" for passage of the bill.


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8319

Representative Sviggum's intemperate invective, and the public venue of their utterance, are injurious to the institution of the House of Representatives and defamatory to its members. Statements such as his foster cynicism and alienation of the public from their elected representatives.

We undersigned Members of the House of Representatives request that Representative Sviggum make public apology to the 28 Republican and 68 DFL members who cast "aye" votes for the passage of H. F. No. 3843 and that said apology be duly entered into the Journal of the Minnesota House of Representatives.

Signed:

Dee Long Jean Wagenius

Lee Greenfield Dave Tomassoni

Alice Johnson Michael Paymar

John Dorn Alice Hausman

Kris Hasskamp Mary Jo McGuire

Becky Kelso Mike Delmont

Geri Evans Nora Slawik

Gene Pelowski Sharon Marko

Alan R. Juhnke Kathleen Sekhon

Satveer Chaudhary Leslie Schumacher

Doug Peterson Anthony G. Kinkel

Andy Dawkins Tom Huntley

Ruth Johnson Luanne Koskinen

Mike Jaros Ted Winter

Wes Skoglund Betty Folliard

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Monday, March 16, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and Speaker pro tempore Wejcman declared the House stands adjourned until 9:00 a.m., Monday, March 16, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 91st Day - Friday, March 13, 1998 - Top of Page 8320