S. F. No. 2082 and H. F. No. 2174, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Kelso moved that the rules be so far suspended that S. F. No. 2082 be substituted for H. F. No. 2174 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2099 and H. F. No. 2389, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Entenza moved that the rules be so far suspended that S. F. No. 2099 be substituted for H. F. No. 2389 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2966 and H. F. No. 2983, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Tunheim moved that the rules be so far suspended that S. F. No. 2966 be substituted for H. F. No. 2983 and that the House File be indefinitely postponed. The motion prevailed.

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

H. F. No. 3654, A bill for an act relating to utilities; requiring legislative electric energy task force to establish technical advisory committee on electric restructuring; requiring advisory committee to issue reports; establishing duties for public utilities commission and department of public service.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [216C.052] [LEGISLATIVE ELECTRIC ENERGY TASK FORCE; ELECTRIC INDUSTRY RESTRUCTURING.]

Subdivision 1. [GENERAL PROVISIONS.] (a) Pursuant to Laws 1997, chapter 191, article 1, section 11, the legislative electric energy task force must review and analyze issues relating to the restructuring of the electric industry. At a minimum, the task force must study the potential benefits and costs of restructuring on:

(1) rural, low-income, residential, small business, and commercial and industrial energy consumers, including the ability of these consumers to participate in and benefit from a restructured industry;

(3) the reliability and safety of the electricity system, including system planning and operation;

(4) the state's environment, including the cost-effective promotion of conservation and renewable energy; and

(5) public, private and cooperative utilities, and alternative energy suppliers, including the development of competitively neutral markets.

(b) In addition to these general provisions, the task force must address the specific issues outlined in subdivisions 3 to 11.

(c) In conducting its review and analysis of restructuring issues, the task force must solicit information from, and consult with all affected and interested parties, including, but not limited to, representatives of: rural energy consumers; low-income energy consumers; commercial energy consumers; industrial energy consumers; small business energy consumers; investor-owned utilities; cooperative electric associations; municipal utilities; organized labor; local units of government; environmentalists; renewable energy developers and providers; natural gas distribution utilities; community action agencies; the mid-continent area power pool; the department of public service; the public utilities commission; and the office of the attorney general.

Subd. 2. [PERIODIC UPDATES.] By January 15 of each year, the task force must provide the legislature with an update on the progress of its review and analysis of restructuring issues under this section, including legislative recommendations as the task force deems appropriate.

Subd. 3. [BULK POWER SYSTEM RELIABILITY, INFRASTRUCTURE, AND REGULATION.] In its review and analysis of electric industry restructuring, the task force must solicit information on the following issues relating to bulk system reliability, infrastructure, and regulation:

(1) When will the bulk power system be capable of reliably supporting the volume of power transactions that would result from implementation of retail competition?

(2) What modifications to the bulk power system and its management are necessary to ensure that retail competition in the state's electric industry does not diminish the reliability of electric service, and what is the estimated cost of those modifications?

(3) What options and alternatives can customers and power suppliers in the state and in the region use to ensure the independent operation and competitively neutral management of the bulk power grid, and what are the advantages and disadvantages associated with each option or alternative?

(4) What market infrastructure developments are necessary or useful in supporting trade and competition in a reliable electricity market, and what are the advantages and disadvantages associated with each approach?

(5) What are the regulatory and legal means the state could use to ensure the low cost, competitively neutral, and fair utilization of the bulk power system and any market infrastructure created or sanctioned by the state, and how should the state address issues of overlapping state, federal, and international jurisdictions in a regional electricity market?

Subd. 4. [RELIABILITY, SAFETY, AND MAINTENANCE.] In its review of electric industry restructuring, the task force must analyze the following issues relating to distribution reliability, safety, and maintenance in a competitive electricity market:

(1) What safety standards should be used to ensure reliability, safety, and efficient operation of the distribution system?

(2) What options are available to identify and establish the respective rights and responsibilities of distribution utilities, consumers, and competitive power suppliers regarding electricity reliability and continuity of service?

(4) What regional alliances need to be taken into consideration to ensure reliability, safety, and efficient operation of the distribution system?

Subd. 5. [ENERGY PRICES AND PRICE PROTECTION MECHANISMS.] In its review and analysis of electric industry restructuring, the task force must develop:

(1) a reliable quantification of the potential net benefits of the implementation of retail competition in the state, as well as an evaluation and analysis as to how costs and benefits might be distributed, and might be expected to change over time;

(2) a comparison and evaluation of alternative mechanisms to protect consumers from unwarranted potential price increases that may be attributable to electric industry deregulation during a transition to a competitive energy market; and

(3) a comparison and evaluation of various means to ensure that prices offered by competitors are nondiscriminatory and that all customer classes benefit from competition.

Subd. 6. [UNIVERSAL SERVICE.] In its review and analysis of electric industry restructuring, the task force must analyze issues relating to the provision of universal energy service in the state, with special emphasis on ensuring affordable service for rural and low-income energy consumers, and develop:

(1) a needs assessment of the number of low-income individuals and households at or below 150 percent of the federal poverty guidelines and the average energy burden of these individuals and households, expressed as the percentage of overall income dedicated to the payment of energy costs;

(2) an evaluation of alternative, nonbypassable, competitively neutral funding mechanisms to finance programs to reduce the energy burden of low-income customers;

(3) alternatives regarding program design, administration, outreach, and participation goals for bill payment and energy conservation assistance;

(4) an evaluation of alternatives for ensuring affordable service for individuals who do not or cannot choose an alternate energy supplier, including default supplier and provider of last resort options; and

(5) an evaluation of options to ensure that rural energy consumers continue to receive affordable, high-quality energy service and participate in any benefits attributable to increased competition.

Subd. 7. [INFORMATION DISCLOSURE AND CONSUMER PROTECTION.] In its review and analysis of electric industry restructuring, the task force must analyze issues relating to information disclosure and consumer protection and develop:

(1) an evaluation of alternative standards and means of providing all consumers with information sufficient to support an informed choice of electricity provider in a competitive environment regarding: (i) price, terms, and conditions of service; and (ii) environmental information; and

(2) recommendations regarding consumer protection standards and practices sufficient to prevent consumer fraud and abuse while supporting effective competition.

(b) In conducting the analysis under this subdivision, the task force may convene a working group which includes the department of public service, utility representatives, the public utilities commission, community action agency representatives, and other energy efficiency advocates and service providers to investigate the energy conservation improvement program under section 216B.241, and to provide recommendations to the technical advisory committee regarding how energy efficiency and related services could best be provided in a more competitive electricity market. The task force must give particular attention to assessing the success of these projects on meeting the goals of section 216B.241.

Subd. 9. [UNBUNDLED RATES.] In its review and analysis of electric industry restructuring, the task force must analyze issues relating to the unbundling of energy rates, and may convene a working group of private, public, and cooperative utilities; national and regional energy marketers; consumers and their advocates; and other interested parties to develop a timeline and recommended procedures for separating the charges for electric generation services, including electric energy and capacity, from the charges for distribution services, transmission services, and other services on customers' bills.

Subd. 10. [COMPETITIVE PARITY.] In its review and analysis of electric industry restructuring, the task force must conduct an analysis of those laws and regulations that could prevent Minnesota utilities from competing fairly in a competitive electricity market, and must make recommendations as to how those requirements could be fulfilled in a competitively neutral manner.

Subd. 11. [STRANDED COSTS.] In its review and analysis of electric industry restructuring, the task force must analyze issues relating to stranded costs and develop:

(1) a sensitivity analysis of the magnitude and duration of net stranded costs, and include in its analysis the potential for stranded benefits or negative stranded costs that may result from market prices that are higher than regulated prices;

(2) information as to whether and how net stranded cost recovery by utilities could affect competition, consumers, utilities, and utility investors;

(3) a comparison and evaluation of potential difficulties stranded costs could create for private, public, and cooperative utilities, and alternative means to ensure that customers receive at least as much assurance of negative stranded cost recovery as utility owners would of stranded cost recovery;

(4) recommendations on alternatives for the mitigation and elimination of stranded costs and on mechanisms for recovery of net stranded costs;

(5) an analysis of the advantages and disadvantages of prior versus periodic evaluation, determination, and assessment of stranded costs; and

(6) an analysis of the advantages and disadvantages of securitization and other means of requiring customers to pay for utility stranded costs."

Delete the title and insert:

"A bill for an act relating to utilities; requiring comprehensive study of electric industry restructuring; proposing coding for new law in Minnesota Statutes, chapter 216C."

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

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 3841, A bill for an act relating to commerce; eliminating retroactive exemption from the franchise law of agreements between air carriers; amending Laws 1997, chapter 222, section 61.

Reported the same back with the following amendments:

Page 1, delete section 1 and insert:

"Section 1. Laws 1997, chapter 222, section 61, is amended to read:

Sec. 61. [EFFECTIVE DATE.]

Section 32, paragraph (h), is effective the day following final enactment and shall apply to all agreements or arrangements regardless of the date they were entered into or renewed provided, however, that section 32, paragraph (h), shall not apply to any agreements or arrangements subject to litigation pending on the date of enactment wherein such agreements or arrangements are alleged to constitute a franchise within the meaning of Minnesota Statutes, section 80C.01, subdivision 4. The nonapplicability of section 32, paragraph (h), to those agreements or arrangements subject to litigation pending on the date of enactment shall not evidence any intent nor be construed to mean that they would or would not otherwise constitute a franchise within the meaning of Minnesota Statutes, section 80C.01, subdivision 4.

Sections 4, 6, 7, 42, 43, 46, 48, and 57 are effective the day following final enactment.

Sections 53 and 54 are effective the day following final enactment and apply to causes of action arising from incidents occurring on or after that date."

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

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 3842, A bill for an act relating to commerce; regulating franchises; modifying the definition of a franchise; amending Minnesota Statutes 1997 Supplement, section 80C.01, subdivision 4.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration without further recommendation.

The report was adopted.

S. F. Nos. 2082, 2099 and 2966 were read for the second time.

The following messages were received from the Senate:

Mr. Speaker:

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.

The Senate has appointed as such committee:

Messrs. Frederickson, Beckman and Vickerman.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2722, A bill for an act relating to the environment; providing penalties for violations of underground storage tank statutes and rules; amending Minnesota Statutes 1996, sections 115.071, by adding a subdivision; and 116.073, subdivisions 1 and 2.

The Senate has appointed as such committee:

Messrs. Novak, Dille and Lessard.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2814, A bill for an act relating to health; regulating coverage of durable medical equipment; requiring disclosure of covered medical equipment and supplies; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Patrick E. Flahaven, Secretary of the Senate

H. F. No. 2814, A bill for an act relating to health; establishing a minimum definition of durable medical equipment; requiring disclosure of covered medical equipment and supplies; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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 114 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Mr. Speaker:

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

S. F. No. 2645, 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 Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Mr. Wiger; Mrs. Robling and Mr. Kelley, S. P.

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

Mr. Speaker:

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

S. F. No. 2586, A bill for an act relating to corrections; requiring sex offender treatment facilities to provide certain information regarding sex offenders; clarifying which law enforcement agency may request the end-of-confinement review committee to reassess the risk level to which an offender has been assigned; adjusting the time within which certain requirements of the community notification law must be met; eliminating duplicative efforts on notifying victims of certain information; amending Minnesota Statutes 1996, sections 241.67, subdivision 8, and by adding a subdivision; 244.052, subdivision 1; and 611A.037, subdivision 2; Minnesota Statutes 1997 Supplement, section 244.052, subdivisions 3, 4, and 5.

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

Messrs. Kelly, R. C.; Morse and Limmer.

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

Bishop 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. 2586. 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. 2274, A bill for an act relating to liquor; regulating beer brewers and wholesalers; providing for the obligations of successors; allowing the commissioner of public safety to issue on-sale licenses to Giants Ridge and Ironworld Discovery Center; modifying restrictions for temporary on-sale licenses; authorizing issuance of temporary on-sale licenses to state universities; regulating malt liquor sampling; authorizing certain cities to issue additional on-sale licenses; amending Minnesota Statutes 1996, sections 325B.01; 325B.14; 340A.404, subdivision 10, and by adding a subdivision; 340A.410, subdivision 10; 340A.412, subdivision 4; and 340A.510, subdivision 2; Laws 1994, chapter 611, section 32, as amended.

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

Messrs. Solon, Metzen and Belanger.

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

Mr. Speaker:

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

S. F. No. 2730, A bill for an act relating to state government; department of administration; making technical corrections relating to information systems and technology, data practices, and certain appropriations oversight; authorizing the commissioner to apply for and receive grants; designating the department as the responsible agency for certain federal programs; changing the name of the Minnesota telecommunications network; clarifying department of administration authority over building operations and maintenance; extending the expiration date of the governor's residence council; changing certain terminology, providing for disposition of certain revenue, and clarifying certain referenda authority with respect to the state building code; amending Minnesota Statutes 1996, sections 16B.04, subdivision 2, and by adding a subdivision; 16B.24, subdivision 1; 16B.27, subdivision 3; 16B.58, subdivision 1; 16B.65, subdivisions 1 and 6; and 124C.74, subdivisions 2 and 3; Minnesota Statutes 1997 Supplement, sections 15.059, subdivision 5a; 16B.415; 16B.465; 16B.72; 16E.01, subdivision 3; 16E.03, subdivision 1; 16E.13, subdivision 3; and 221.173; Laws 1995, First Special Session chapter 3, article 12, section 7, subdivision 1, as amended; and Laws 1997, chapter 202, article 1, section 12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Ms. Robertson; Messrs. Price and Betzold.

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

Hilty 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. 2730. The motion prevailed.

Mr. Speaker:

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

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

Messrs. Knutson, Metzen and Ms. Wiener.

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

Kahn 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. 726. The motion prevailed.

Mr. Speaker:

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

H. F. No. 3145, A bill for an act relating to housing; providing for review of certain allocations and compliance monitoring by the Minnesota housing finance agency; amending Minnesota Statutes 1996, section 462A.223, by adding subdivisions.

Patrick E. Flahaven, Secretary of the Senate

Rest moved that the House refuse to concur in the Senate amendments to H. F. No. 3145, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 2775, 161 and 3046.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2775, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a new article XV, and by renumbering certain sections; renaming the permanent school fund as the children's endowment fund; maximizing the long-term total return to the fund; requiring a work group to propose a governance structure for the endowment; proposing coding for new law as Minnesota Statutes, chapter 119C.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

S. F. No. 161, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article V, sections 1, 3, and 4; article VIII, section 2; article XI, sections 7 and 8; abolishing the office of state treasurer; transferring or repealing the powers, responsibilities, and duties of the state treasurer; amending Minnesota Statutes 1996, sections 9.011, subdivision 1; and 11A.03.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

S. F. No. 3046, A bill for an act relating to transportation; creating surface transportation fund; dedicating motor vehicle sales tax revenues to transportation; proposing an amendment to the Minnesota Constitution by adding a section to article XIV; proposing coding for new law in Minnesota Statutes, chapter 174.

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

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. No. 2267; H. F. No. 2521; S. F. Nos. 2751 and 816; H. F. No. 3650; S. F. No. 2550; H. F. No. 2588; and S. F. No. 1181.

S. F. No. 2267 was reported to the House.

Tomassoni moved to amend S. F. No. 2267 as follows:

Page 2, line 19, before "Private" insert "(a)"

Page 3, line 9, delete "(a)" and insert "(i)"

Page 3, line 13, delete "(b)" and insert "(ii)"

Page 3, line 21, delete "(4)" and insert "(b)"

Page 3, line 36, delete "(5)" and insert "(c)"

Page 4, line 26, delete "(7)" and insert "(e)"

Page 4, line 27, delete "(4) to (6)" and insert "(b) to (d)"

Page 4, line 34, before "In" insert "(f)"

The motion prevailed and the amendment was adopted.

Tomassoni; Osthoff; Mares; Johnson, A.; Marko; Tunheim; Davids; McCollum; Solberg; Pugh; Schumacher; Jefferson; Bettermann; Kelso; Ness; Dorn; Wagenius; Erhardt; Rifenberg; Rest; Greiling and Abrams moved to amend S. F. No. 2267, as amended, as follows:

Page 13, after line 27 insert:

"Sec. 12. Laws 1996, chapter 446, article 1, section 72, is amended to read:

Sec. 72. [REPEALER.]

(a) Minnesota Statutes 1994, sections 60A.40; 60B.27; 62I.20; 65A.25; and 72A.205, are repealed.

(b) Laws 1995, chapter 140, section 1, is repealed.

(c) Section 51 is repealed effective August 1, 1998."

Page 13, line 28, delete "11" and insert "12"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 2267, A bill for an act relating to insurance; workers' compensation self-insurance; regulating terminations of self-insurance authority and commercial workers' compensation self-insurance groups; providing investment, funding, reporting, and transfer requirements; requiring a notice; amending Minnesota Statutes 1996, sections 79A.06, subdivision 5; 79A.22, subdivision 7, and by adding a subdivision; 79A.23, subdivisions 1 and 2; 79A.24, subdivisions 1, 2, and 4; 79A.26, subdivision 2; and 79A.31, subdivision 1; Minnesota Statutes 1997 Supplement, section 62J.65.

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

The question was taken on the passage of the bill and the roll was called. There were 122 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Journal of the House - 95th Day - Thursday, March 19, 1998 - Top of Page 8518
Abrams	Dorn	Johnson, A.	Marko	Peterson	Tingelstad
Anderson, B.	Entenza	Johnson, R.	McCollum	Pugh	Tomassoni
Anderson, I.	Erhardt	Juhnke	McElroy	Rest	Tompkins
Bakk	Erickson	Kahn	McGuire	Reuter	Trimble
Bettermann	Evans	Kalis	Molnau	Rhodes	Tuma
Biernat	Farrell	Kelso	Mulder	Rifenberg	Tunheim
Bishop	Finseth	Kielkucki	Mullery	Rostberg	Van Dellen
Boudreau	Folliard	Knoblach	Munger	Rukavina	Vandeveer
Bradley	Goodno	Koskinen	Murphy	Schumacher	Wagenius
Broecker	Greenfield	Kraus	Ness	Seagren	Weaver
Carlson	Greiling	Kubly	Nornes	Seifert	Wejcman
Chaudhary	Gunther	Kuisle	Opatz	Sekhon	Wenzel
Clark, J.	Haas	Larsen	Orfield	Skare	Westfall
Clark, K.	Harder	Leighton	Osskopp	Skoglund	Westrom
Commers	Hasskamp	Leppik	Osthoff	Slawik	Winter
Daggett	Hausman	Lieder	Otremba, M.	Smith	Wolf
Davids	Hilty	Lindner	Ozment	Solberg	Spk. Carruthers
Dawkins	Holsten	Long	Paulsen	Stang
Dehler	Huntley	Macklin	Pawlenty	Sviggum
Delmont	Jaros	Mahon	Paymar	Swenson, H.
Dempsey	Jennings	Mares	Pelowski	Sykora

Those who voted in the negative were:

	KnightKrinkie

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

H. F. No. 2521 was reported to the House.

Bishop moved that H. F. No. 2521 be continued on Special Orders. The motion prevailed.

S. F. No. 2751 was reported to the House.

S. F. No. 2751 was read for the third time.

There being no objection, the action whereby S. F. No. 2751 was given its third reading be now reconsidered. The motion prevailed.

The Speaker called Wejcman to the Chair.

Haas moved to amend S. F. No. 2751 as follows:

Page 1, line 19 after the period, insert "The employer would be held harmless if reasonable effort has been made."

The motion prevailed and the amendment was adopted.

S. F. No. 2751, A bill for an act relating to employment; requiring an accommodation to certain nursing mothers; providing that breast-feeding is excepted from the crime of indecent exposure; amending Minnesota Statutes 1996, section 617.23; proposing coding for new law in Minnesota Statutes, chapter 181.

The question was taken on the passage of the bill and the roll was called. There were 107 yeas and 19 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Dehler	Krinkie	Rifenberg	Tompkins	Workman
Bradley	Holsten	Kuisle	Seifert	Wolf
Commers	Kielkucki	Lindner	Sviggum
Davids	Knight	Reuter	Swenson, H.

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

S. F. No. 816 was reported to the House.

Larsen and Winter moved to amend S. F. No. 816, the unofficial engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 343.24, is amended to read:

343.24 [CRUELTY IN TRANSPORTATION.]

Subdivision 1. [PENALTY.] Any person who does any of the following is guilty of a misdemeanor: (a) Carries or causes to be carried, any live animals upon any vehicle or otherwise, without providing suitable racks, cars, crates, or cages in which the animals can both stand and lie down during transportation and while awaiting slaughter; (b) Except as provided in subdivision 2, paragraph (a), carries or causes to be carried, upon a vehicle or otherwise, any live animal having feet or legs tied together, or in any other cruel or inhuman inhumane manner; (c) Transports or detains livestock in cars or compartments for more than 28 consecutive hours without unloading the livestock in a humane manner into properly equipped pens for rest, water, and feeding for a period of at least five consecutive hours, unless requested to do so as provided in subdivision 2, paragraph (b), or unless prevented by storm or unavoidable causes which cannot be anticipated or avoided by the exercise of due diligence and foresight; or (d) Permits livestock to be crowded together without sufficient space to stand, or so as to overlie, crush, wound, or kill each other.

Subd. 2. [EXCEPTION EXCEPTIONS.] (a) A person may carry or cause to be carried, upon a vehicle or otherwise, a cloven-hoofed animal having legs tied together, if:

(2) the animal weighs 150 pounds or less;

(3) the animal is transported only on the owner's property or over a public way from one point on the owner's property to another point on the owner's property;

(4) the tying is done in a humane manner and is necessary for the animal's safe transport; and

(5) the animal's legs are tied for no longer than one-half hour.

(b) A person or corporation engaged in transporting livestock may confine livestock for 36 consecutive hours if the owner or person with custody of that particular shipment of livestock requests in writing that an extension be allowed. That written request shall be separate from any printed bill of lading or other railroad form.

Sec. 2. Minnesota Statutes 1996, section 343.40, subdivision 2, is amended to read:

Subd. 2. [BUILDING SPECIFICATIONS.] The shelter shall include a moistureproof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid, moistureproof floor or a floor raised at least two inches from the ground and with the entrance covered by a flexible windproof material or a self-closing swinging door. Between November 1 and March 31 the structure must have a windbreak at the entrance. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat.

Sec. 3. Minnesota Statutes 1996, section 346.38, subdivision 4, is amended to read:

Subd. 4. [SHELTER.] Equines must be provided a minimum of free choice protection or of constructed shelter from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind, and from freezing precipitation adverse weather conditions, including direct rays of the sun in extreme heat or cold, wind, or precipitation. Natural or constructed shelters must be of sufficient size to provide the necessary protection. Constructed shelters must be structurally sound, free of injurious matter, maintained in good repair, and ventilated. Outside exercise paddocks for equines do not require separate constructed shelter where a shelter is accessible to the equine on adjacent or other accessible areas of the property, provided equines are not kept in outdoor exercise paddocks during adverse weather conditions."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 816, as amended, was read for the third time.

Winter moved that the action whereby S. F. No. 816, as amended, was given its third reading be now reconsidered. The motion prevailed.

Winter moved to amend S. F. No. 816, as amended, as follows:

Page 3, line 3, reinstate the stricken "or" and delete "of"

Holsten moved to amend S. F. No. 816, as amended, as follows:

Page 2, delete lines 9 to 11

Renumber the remaining clauses

A roll call was requested and properly seconded.

The question was taken on the Holsten amendment and the roll was called. There were 74 yeas and 52 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Biernat	Farrell	Johnson, A.	McCollum	Rest	Trimble
Carlson	Folliard	Johnson, R.	Mullery	Rukavina	Tunheim
Chaudhary	Greenfield	Kahn	Munger	Schumacher	Wagenius
Clark, K.	Greiling	Koskinen	Opatz	Sekhon	Wejcman
Dawkins	Hausman	Leighton	Orfield	Skare	Wenzel
Delmont	Hilty	Lieder	Osthoff	Skoglund	Winter
Dorn	Huntley	Long	Otremba, M.	Slawik	Spk. Carruthers
Entenza	Jaros	Mahon	Paymar	Solberg
Evans	Jefferson	Mariani	Pugh	Tomassoni

The motion prevailed and the amendment was adopted.

S. F. No. 816, A bill for an act relating to animals; requiring court order issued on complaint of animal cruelty to require that peace officer be accompanied by veterinarian; allowing veterinarians to dock horses; modifying requirements for the care of equine animals; repealing restrictions on clipped animals; changing dog house specifications; amending Minnesota Statutes 1996, sections 343.22, subdivision 1; 343.25; 343.40, subdivision 2; and 346.38, subdivisions 4 and 5; repealing Minnesota Statutes 1996, section 343.26.

The question was taken on the passage of the bill and the roll was called. There were 118 yeas and 10 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Davids	Greiling	Krinkie	Mahon	Reuter
Dehler	Knight	Kuisle	McElroy	Seifert

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

H. F. No. 3650, A bill for an act relating to agriculture; changing the director of farmer-lender mediation; extending the Farmer-Lender Mediation Act; requiring a report; amending Minnesota Statutes 1997 Supplement, section 583.22, subdivision 5; Laws 1986, chapter 398, article 1, section 18, as amended.

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 91 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Koskinen	Molnau	Rhodes	Trimble
Bakk	Goodno	Kraus	Mullery	Rifenberg	Tuma
Biernat	Greiling	Kubly	Munger	Rostberg	Tunheim
Carlson	Harder	Kuisle	Murphy	Rukavina	Van Dellen
Chaudhary	Hasskamp	Leighton	Ness	Schumacher	Wagenius
Clark, J.	Hilty	Leppik	Nornes	Seagren	Wejcman
Clark, K.	Huntley	Lieder	Opatz	Sekhon	Wenzel
Daggett	Jaros	Long	Orfield	Skare	Westfall
Dawkins	Jefferson	Macklin	Osthoff	Skoglund	Westrom
Delmont	Jennings	Mahon	Otremba, M.	Slawik	Winter
Dorn	Johnson, A.	Mares	Ozment	Smith	Spk. Carruthers
Entenza	Johnson, R.	Mariani	Pawlenty	Solberg
Erhardt	Juhnke	Marko	Pelowski	Stang
Evans	Kahn	McCollum	Peterson	Swenson, H.
Journal of the House - 95th Day - Thursday, March 19, 1998 - Top of Page 8523
Farrell	Kalis	McElroy	Pugh	Tomassoni
Finseth	Kelso	McGuire	Rest	Tompkins

Those who voted in the negative were:

Abrams	Broecker	Gunther	Larsen	Reuter	Vandeveer
Anderson, B.	Commers	Haas	Lindner	Seifert	Weaver
Bettermann	Davids	Holsten	Mulder	Stanek	Wolf
Bishop	Dehler	Kielkucki	Osskopp	Sviggum	Workman
Boudreau	Dempsey	Knight	Paulsen	Sykora
Bradley	Erickson	Krinkie	Paymar	Tingelstad

The bill was passed and its title agreed to.

S. F. No. 2550, A bill for an act relating to financial institutions; regulating solicitation of loans by mailing a check payable to the addressee; proposing coding for new law in Minnesota Statutes, chapter 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 126 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

	KnightKrinkie

H. F. No. 2588 was reported to the House.

Orfield moved that H. F. No. 2588 be temporarily laid over on Special Orders. The motion prevailed.

S. F. No. 1181 was reported to the House.

Osthoff moved to amend S. F. No. 1181, the unofficial engrossment, as follows:

Page 1, line 16, delete "shall" and insert "may"

The motion prevailed and the amendment was adopted.

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

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

The question was taken on the passage of the bill and the roll was called. There were 49 yeas and 81 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Greiling	Johnson, R.	Mahon	Rukavina	Wagenius
Bakk	Gunther	Juhnke	Mariani	Schumacher	Wejcman
Biernat	Hausman	Kahn	Mullery	Sekhon	Wenzel
Clark, K.	Hilty	Kalis	Munger	Skare	Winter
Dawkins	Huntley	Kelso	Opatz	Skoglund
Dehler	Jaros	Koskinen	Orfield	Solberg
Delmont	Jefferson	Leighton	Otremba, M.	Tomassoni
Dorn	Jennings	Lieder	Paymar	Trimble
Greenfield	Johnson, A.	Long	Rostberg	Tunheim

Those who voted in the negative were:

Abrams	Entenza	Knoblach	Milbert	Pugh	Tingelstad
Anderson, B.	Erhardt	Kraus	Molnau	Rest	Tompkins
Bettermann	Erickson	Krinkie	Mulder	Reuter	Tuma
Bishop	Evans	Kubly	Murphy	Rhodes	Van Dellen
Boudreau	Farrell	Kuisle	Ness	Rifenberg	Vandeveer
Bradley	Finseth	Larsen	Nornes	Seagren	Weaver
Broecker	Folliard	Leppik	Olson, M.	Seifert	Westfall
Carlson	Goodno	Lindner	Osskopp	Slawik	Westrom
Chaudhary	Haas	Macklin	Osthoff	Smith	Wolf
Clark, J.	Harder	Mares	Ozment	Stanek	Workman
Commers	Hasskamp	Marko	Paulsen	Stang	Spk. Carruthers
Daggett	Holsten	McCollum	Pawlenty	Sviggum
Davids	Kielkucki	McElroy	Pelowski	Swenson, H.
Dempsey	Knight	McGuire	Peterson	Sykora

The bill was not passed, as amended.

H. F. No. 2588 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Orfield moved that H. F. No. 2588 be continued on Special Orders. The motion prevailed.

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

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 726:

Kahn, Jefferson and Krinkie.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2586:

Bishop, Skoglund and Pugh.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2645:

Dawkins, Jefferson and Stanek.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2730:

Hilty, Kahn and Larsen.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3145:

Rest, Abrams and Sykora.

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, March 20, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Friday, March 20, 1998.