Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8673

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

ONE HUNDRED-FIRST DAY

Saint Paul, Minnesota, Monday, March 30, 1998

 

The House of Representatives convened at 9:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend Kathryn Hoff Rothman, Our Redeemer's Lutheran Church, Benson, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The Speaker called Opatz to the Chair.

The roll was called and the following members were present:

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

A quorum was present.

Clark, J.; Johnson, R.; Knight; Luther; Marko and Tuma were excused.

Jefferson was excused until 10:20 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Mulder 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 - 101st Day - Monday, March 30, 1998 - Top of Page 8674

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 25, 1998

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 2814, relating to health; establishing a minimum definition of durable medical equipment; requiring disclosure of covered medical equipment and supplies.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1998 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
9083319:30 a.m. March 25March 25
22523329:35 a.m. March 25March 25
1543339:40 a.m. March 25March 25
28143349:48 a.m. March 25March 25

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8675

25503359:45 a.m. March 25March 25
3303369:45 a.m. March 25March 25
24933379:50 a.m. March 25March 25

Sincerely,

Joan Anderson Growe
Secretary of State

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

McCollum; Tuma; Leppik; Johnson, R., and Pugh introduced:

H. F. No. 3859, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; providing for equality of rights under the law for men and women.

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

Tunheim, Mares, Murphy, Ness and Hasskamp introduced:

H. F. No. 3860, A bill for an act relating to natural resources; creating wilderness areas.

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

Olson, E.; Huntley; Finseth; Lieder and Trimble introduced:

H. F. No. 3861, A bill for an act relating to natural resources; creating wilderness areas.

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

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, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

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

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8676

CONCURRENCE AND REPASSAGE

Skoglund moved that the House concur in the Senate amendments to H. F. No. 3332 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3332, A bill for an act relating to adoption; changing provisions in the fathers' adopted registry; modifying conditions for open adoption agreements; amending Minnesota Statutes 1997 Supplement, section 259.58.

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 113 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Mr. Speaker:

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

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

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Tunheim moved that the House concur in the Senate amendments to H. F. No. 2277 and that the bill be repassed as amended by the Senate.

A roll call was requested and properly seconded.


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8677

The question was taken on the Tunheim motion and the roll was called. There were 66 yeas and 59 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Dehler Kielkucki Molnau Rifenberg Tingelstad
Anderson, B. Dempsey Knoblach Mulder Rostberg Tompkins
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 Lindner Ozment Stang Westrom
Commers Haas Macklin Paulsen Sviggum Wolf
Daggett Harder Mares Pawlenty Swenson, H. Workman
Davids Holsten McElroy Reuter Sykora

The motion prevailed.

LAY ON THE TABLE

Tunheim moved that H. F. No. 2277, as amended by the Senate, be laid on the table. The motion prevailed and H. F. No. 2277, as amended by the Senate, was laid on the table.

The Speaker resumed the Chair.

SPECIAL ORDERS

S. F. No. 1074 was reported to the House.

Rukavina moved to amend S. F. No. 1074 as follows:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1996, section 179.12, is amended to read:

179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.]

(a) It is an unfair labor practice for an employer:


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8678

(1) To institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the agreement, or to violate the terms and conditions of the bargaining agreement;

(2) To institute a lockout of its employees in violation of section 179.06 or 179.07;

(3) To encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization representing the employees as a bargaining agent, as provided by section 179.16;

(4) To discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;

(5) To spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;

(6) To distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;

(7) To engage or contract for the services of a person who is an employee of another if the employee is paid a wage that is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the same grade or classification;

(8) Willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state;

(9) To grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor organization authorized by a representative of employees; or

(10) To refuse to provide a representative of a labor organization with an equal amount of time to meet with employees during working hours to respond to information presented by the employer in meetings during working hours, if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive representative in collective bargaining with the employer.

(b) The violation of paragraph (a), clauses (2), (4), (5), (6), (7), (8), and (9), are unlawful acts."

Page 1, after line 25, insert:

"Sec. 3. Minnesota Statutes 1996, section 179A.07, is amended by adding a subdivision to read:

Subd. 3a. [EQUAL TIME.] A public employer has an obligation to provide a representative of a labor organization an equal amount of time to meet with employees during working hours to respond to information presented by the employer in meetings during working hours, if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive representative in collective bargaining with the employer.

Sec. 4. Minnesota Statutes 1996, section 179A.13, subdivision 2, is amended to read:

Subd. 2. [EMPLOYERS.] Public employers, their agents and representatives are prohibited from:

(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed in sections 179A.01 to 179A.25;

(2) dominating or interfering with the formation, existence, or administration of any employee organization or contributing other support to it;


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8679

(3) discriminating in regard to hire or tenure to encourage or discourage membership in an employee organization;

(4) discharging or otherwise discriminating against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under sections 179A.01 to 179A.25;

(5) refusing to meet and negotiate in good faith with the exclusive representative of its employees in an appropriate unit;

(6) refusing to comply with grievance procedures contained in an agreement;

(7) distributing or circulating a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing blacklisted individuals from obtaining or retaining employment;

(8) violating rules established by the commissioner regulating the conduct of representation elections;

(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;

(10) violating or refusing to comply with any lawful order or decision issued by the commissioner;

(11) refusing to provide, upon the request of the exclusive representative, all information pertaining to the public employer's budget both present and proposed, revenues, and other financing information provided that in the executive branch of state government this clause may not be considered contrary to the budgetary requirements of sections 16A.10 and 16A.11; or

(12) granting or offering to grant the status of permanent replacement employee to a person for performing bargaining unit work for the employer during a lockout of employees in an employee organization or during a strike authorized by an employee organization that is an exclusive representative; or

(13) refusing to provide a representative of a labor organization an equal amount of time to meet with employees during working hours to respond to information presented by the employer in meetings during working hours, if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive representative in collective bargaining with the employer.

Sec. 5. [EFFECTIVE DATE.]

Sections 1, 3, and 4 are effective January 1, 1999."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

Bettermann raised a point of order pursuant to rule 3.09 that the Rukavina amendment was not in order. The Speaker ruled the point of order not well taken and the Rukavina amendment in order.

Abrams requested a division of the Rukavina amendment to S. F. No. 1074.

The first portion of the Rukavina amendment to S. F. No. 1074 reads as follows:

Page 1, after line 6, insert:


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8680

"Section 1. Minnesota Statutes 1996, section 179.12, is amended to read:

179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.]

(a) It is an unfair labor practice for an employer:

(1) To institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the agreement, or to violate the terms and conditions of the bargaining agreement;

(2) To institute a lockout of its employees in violation of section 179.06 or 179.07;

(3) To encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization representing the employees as a bargaining agent, as provided by section 179.16;

(4) To discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;

(5) To spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;

(6) To distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;

(7) To engage or contract for the services of a person who is an employee of another if the employee is paid a wage that is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the same grade or classification;

(8) Willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state;

(9) To grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor organization authorized by a representative of employees; or

(10) To refuse to provide a representative of a labor organization with an equal amount of time to meet with employees during working hours to respond to information presented by the employer in meetings during working hours, if the information is intended to discourage employees from voting for certification of the labor organization as their exclusive representative in collective bargaining with the employer.

(b) The violation of paragraph (a), clauses (2), (4), (5), (6), (7), (8), and (9), are unlawful acts."

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective January 1, 1999."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8681

The question was taken on the first portion of the Rukavina amendment and the roll was called. There were 60 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Evans Jaros Mahon Osthoff Smith
Bakk Farrell Jefferson Mariani Ozment Solberg
Biernat Folliard Johnson, A. McCollum Paymar Tomassoni
Boudreau Garcia Kahn McGuire Peterson Trimble
Carlson Greenfield Kalis Milbert Rest Tunheim
Chaudhary Greiling Kinkel Mullery Rukavina Wagenius
Clark, K. Hasskamp Koskinen Munger Sekhon Wejcman
Dawkins Hausman Leighton Murphy Skare Wenzel
Delmont Hilty Lieder Olson, E. Skoglund Winter
Entenza Huntley Long Orfield Slawik Spk. Carruthers

Those who voted in the negative were:

Abrams Erhardt Knoblach Mulder Rifenberg Van Dellen
Anderson, B. Erickson Kraus Ness Rostberg Vandeveer
Bettermann Finseth Krinkie Nornes Schumacher Weaver
Bishop Goodno Kubly Olson, M. Seagren Westfall
Bradley Gunther Kuisle Opatz Seifert Westrom
Broecker Haas Larsen Osskopp Stanek Wolf
Commers Harder Leppik Paulsen Stang Workman
Daggett Holsten Lindner Pawlenty Sviggum
Davids Jennings Macklin Pelowski Swenson, H.
Dehler Juhnke Mares Pugh Sykora
Dempsey Kelso McElroy Reuter Tingelstad
Dorn Kielkucki Molnau Rhodes Tompkins

The motion did not prevail and the first portion of the Rukavina amendment was not adopted.

Rukavina withdrew the second portion of the Rukavina amendment to S. F. No. 1074.

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

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 77 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kielkucki Mulder Peterson Sviggum
Anderson, B. Erickson Kinkel Mullery Pugh Swenson, H.
Bettermann Finseth Knoblach Ness Reuter Sykora
Bishop Goodno Kraus Nornes Rhodes Tingelstad
Boudreau Gunther Kubly Olson, E. Rifenberg Van Dellen
Bradley Haas Larsen Olson, M. Rostberg Vandeveer
Broecker Harder Leighton Opatz Schumacher Weaver
Commers Holsten Leppik Osskopp Seagren Wenzel

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8682
Daggett Jefferson Lieder Otremba, M. Seifert Westfall
Davids Jennings Lindner Ozment Sekhon Westrom
Dehler Juhnke Macklin Paulsen Skoglund Wolf
Dempsey Kalis Mares Pawlenty Stanek Workman
Dorn Kelso Molnau Pelowski Stang

Those who voted in the negative were:

Anderson, I. Farrell Jaros McCollum Rest Tunheim
Bakk Folliard Johnson, A. McElroy Rukavina Wagenius
Biernat Garcia Kahn McGuire Skare Wejcman
Carlson Greenfield Koskinen Milbert Slawik Winter
Chaudhary Greiling Krinkie Munger Smith Spk. Carruthers
Clark, K. Hasskamp Kuisle Murphy Solberg
Dawkins Hausman Long Orfield Tomassoni
Entenza Hilty Mahon Osthoff Tompkins
Evans Huntley Mariani Paymar Trimble

The bill was passed and its title agreed to.

Goodno was excused between the hours of 11:00 a.m. and 12:45 p.m.

H. F. No. 3654 was reported to the House.

Jennings moved to amend H. F. No. 3654, the third engrossment, as follows:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 216C.051, subdivision 2, is amended to read:

Subd. 2. [ESTABLISHMENT.] (a) There is established a legislative electric energy task force to study future electric energy sources and costs and to make recommendations for legislation for an environmentally and economically sustainable and advantageous electric energy supply.

(b) The task force consists of:

(1) ten members of the house of representatives including the chairs of the environment and natural resources and regulated industries and energy committees and six eight members to be appointed by the speaker of the house, four of whom must be from the minority caucus;

(2) ten members of the senate including the chairs of the environment and natural resources and jobs, energy, and community development committees and six eight members to be appointed by the subcommittee on committees, four of whom must be from the minority caucus.

(c) The task force may employ staff, contract for consulting services, and may reimburse the expenses of persons requested to assist it in its duties other than state employees or employees of electric utilities. The director of the legislative coordinating commission shall assist the task force in administrative matters. The task force shall elect cochairs, one member of the house and one member of the senate from among the committee chairs named to the committee. The task force members from the house shall elect the house cochair, and the task force members from the senate shall elect the senate cochair."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8683

Abrams moved to amend H. F. No. 3654, the third engrossment, as amended, as follows:

Page 7, after line 8, insert:

"Sec. 2. [REPEALER.]

Minnesota Statutes 1997 Supplement, section 216C.051, subdivision 6, is repealed.

Sec. 3. [EFFECTIVE DATE.]

Section 2 is effective the day following final enactment."

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 Abrams amendment and the roll was called. There were 48 yeas and 77 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Kraus Molnau Pawlenty Sviggum
Anderson, B. Dempsey Kuisle Mulder Reuter Swenson, H.
Bettermann Erhardt Larsen Nornes Rhodes Sykora
Boudreau Finseth Leppik Olson, E. Rifenberg Tingelstad
Bradley Haas Lindner Olson, M. Seagren Tompkins
Broecker Harder Macklin Osskopp Seifert Van Dellen
Commers Kielkucki Mahon Osthoff Stanek Weaver
Daggett Knoblach McElroy Paulsen Stang Westfall

Those who voted in the negative were:

Anderson, I. Farrell Johnson, A. Mariani Pelowski Tomassoni
Bakk Folliard Juhnke McCollum Peterson Trimble
Biernat Garcia Kahn McGuire Pugh Tunheim
Carlson Greenfield Kalis Milbert Rest Vandeveer
Chaudhary Gunther Kelso Mullery Rostberg Wagenius
Clark, K. Hasskamp Kinkel Munger Rukavina Wejcman
Davids Hausman Koskinen Murphy Schumacher Wenzel
Dawkins Hilty Krinkie Ness Sekhon Westrom
Delmont Holsten Kubly Opatz Skare Winter
Dorn Huntley Leighton Orfield Skoglund Wolf
Entenza Jaros Lieder Otremba, M. Slawik Workman
Erickson Jefferson Long Ozment Smith Spk. Carruthers
Evans Jennings Mares Paymar Solberg

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

Jennings moved to amend H. F. No. 3654, the third engrossment, as amended, as follows:

Page 7, after line 8, insert:

"Subd. 12. [COST ALLOCATION.] (a) The legislative electric energy task force may require all parties participating in activities under this section to pay the expenses reasonably attributable to each party's participation. Upon request by the cochairs of the task force and upon approval of the legislative coordinating commission, the public utilities commission shall


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8684

render a bill for those expenses ascertained by the task force to the parties participating in the activities. The public utilities commission is authorized to submit billings to parties at intervals selected by the commission during the course of these activities. The total amount assessed pursuant to this subdivision shall not exceed $300,000. The amount assessed under this section is appropriated to the director of the legislative coordinating commission for the activities of the legislative electric energy task force pursuant to this section.

(b) Except as otherwise provided in paragraph (c) for purposes of assessing the cost of an activity to a party, "party" means any entity or group subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, and whether natural, corporate, or political, such as a business or commercial enterprise organized as any type or combination of corporation, limited liability company, partnership, limited liability partnership, proprietorship, association, cooperative, joint venture, carrier, or utility, and any successor or assignee of any of them.

(c) For assessment and billing purposes, "party" does not include the department of public service, the public utilities commission, the residential and small business utilities division of the office of the attorney general, or any type or combination of political subdivision; any entity or group instituted primarily for the purpose of mutual help and not conducted for profit; intervenors awarded compensation under Minnesota Statutes 1996, section 216B.16, subdivision 10; or any individual or group or counsel for the individual or group representing the interests of end users or classes of end users of electric services."

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 Jennings amendment and the roll was called. There were 12 yeas and 112 nays as follows:

Those who voted in the affirmative were:

Dawkins Hausman Jennings Olson, M. Trimble Wolf
Entenza Holsten McElroy Sykora Wagenius Workman

Those who voted in the negative were:

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

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


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8685

H. F. No. 3654, 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.

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 117 yeas and 9 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Kraus Mahon Olson, M. Otremba, M.
Anderson, I. Krinkie Olson, E. Osthoff

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. 535 and 3084.

SPECIAL ORDERS, Continued

S. F. No. 535 was reported to the House.

Evans moved to amend S. F. No. 535, the unofficial engrossment, as follows:

Page 3, after line 21, insert:


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8686

"Sec. 3. Minnesota Statutes 1996, section 473.621, subdivision 6, is amended to read:

Subd. 6. [CAPITAL PROJECTS; REVIEW.] All Minneapolis-St. Paul International Airport capital projects of the commission requiring the expenditure of more than $5,000,000 shall be submitted to the metropolitan council for review. All other capital projects of the commission requiring the expenditure of more than $2,000,000 shall be submitted to the metropolitan council for review. No such project which that has a significant effect on the orderly and economic development of the metropolitan area may be commenced without the approval of the metropolitan council. In addition to any other criteria applied by the metropolitan council in reviewing a proposed project, the council shall not approve a proposed project unless the council finds that the commission has completed a process intended to provide affected municipalities the opportunity for discussion and public participation in the commission's decision making process. An "affected municipality" is any municipality that (1) is adjacent to a commission airport, (2) is within the noise zone of a commission airport, as defined in the metropolitan development guide, or (3) has notified the commission's secretary that it considers itself an "affected municipality." The council must at a minimum determine that the commission:

(a) provided adequate and timely notice of the proposed project to each affected municipality;

(b) provided to each affected municipality a complete description of the proposed project;

(c) provided to each affected municipality notices, agendas, and meeting minutes of all commission meetings, including advisory committee meetings, at which the proposed project was to be discussed or voted on in order to provide the municipalities the opportunity to solicit public comment and participate in the project development on an ongoing basis; and

(d) considered the comments of each affected municipality."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

POINT OF ORDER

Abrams raised a point of order pursuant to rule 3.09 that the Evans amendment was not in order.

The Speaker, pursuant to section 245 of "Mason's Manual of Legislative Procedure," submitted the following question to the House: "Is it the judgment of the House that the Abrams point of order is well taken?"

A roll call was requested and properly seconded.

The question was taken on the Abrams point of order and the roll was called. There were 55 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8687

Those who voted in the negative were:

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

So it was the judgment of the House that the Abrams point of order was not well taken and the Evans amendment in order.

The question recurred on the Evans amendment to S. F. No. 535, the unofficial engrossment. The motion prevailed and the amendment was adopted.

S. F. No. 535, A bill for an act relating to the metropolitan council; providing for service redesign and employee compensation for exceeding redesign plan goals; establishing a pilot project for greater efficiency in the provision of metropolitan council services; proposing coding for new law in Minnesota Statutes, chapter 473.

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

The question was taken on the passage of the bill and the roll was called. There were 82 yeas and 43 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Greenfield Kalis McCollum Paymar Solberg
Bakk Greiling Kelso McElroy Pelowski Swenson, H.
Biernat Gunther Kinkel McGuire Peterson Tomassoni
Broecker Haas Koskinen Milbert Pugh Trimble
Carlson Hasskamp Kubly Mullery Rest Tunheim
Chaudhary Hausman Kuisle Munger Rhodes Vandeveer
Clark, K. Hilty Larsen Murphy Rostberg Wagenius
Dawkins Huntley Leighton Olson, E. Rukavina Wejcman
Dorn Jaros Leppik Opatz Schumacher Wenzel
Entenza Jefferson Lieder Orfield Seagren Westrom
Evans Jennings Long Osskopp Sekhon Winter
Farrell Johnson, A. Mahon Otremba, M. Skare Spk. Carruthers
Folliard Juhnke Mares Ozment Skoglund
Garcia Kahn Mariani Paulsen Slawik

Those who voted in the negative were:

Abrams Davids Kielkucki Ness Stanek Westfall
Anderson, B. Dehler Knoblach Nornes Stang Wolf
Bettermann Dempsey Kraus Olson, M. Sviggum Workman
Bishop Erhardt Krinkie Osthoff Sykora
Boudreau Erickson Lindner Pawlenty Tingelstad
Bradley Finseth Macklin Reuter Tompkins

Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8688
Commers Harder Molnau Rifenberg Van Dellen
Daggett Holsten Mulder Seifert Weaver

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

S. F. No. 3084, A bill for an act relating to reemployment insurance; providing additional benefits for certain individuals on layoff from a certain employer; providing an exemption from certain requirements.

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 74 yeas and 52 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The bill was passed 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

Larsen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 23, 1998, when the vote was taken on the final passage of S. F. No. 2149." The motion prevailed.


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8689

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2118:

Jefferson, Mullery and Leppik.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2256:

Greiling, Skoglund and Abrams.

PROTEST AND DISSENT

Pursuant to Article IV, Section 11, of the Minnesota Constitution, we the undersigned members register our protest and dissent regarding the action of Speaker Phil Carruthers on the floor of the House, Thursday, March 26, 1998, when the Speaker locked the voting board and refused to allow members to vote during the roll call on Senate File 41, the bill calling for a Constitutional Amendment Declaring the Right to Hunt, Fish and Take Game in the State of Minnesota.

The offensive action took place on the second portion of the Sviggum amendment which would have changed the wording of the constitutional amendment to declare it a "right" and not merely a "privilege" to hunt, fish and take game in the State of Minnesota. Speaker Carruthers, who was opposed to this amendment, locked and refused to reopen the voting board when the tally indicated to him that he had sufficient votes to defeat the amendment. Contrary to custom and usage in the House of Representatives, the Speaker refused to recognize members wishing to vote or change their vote even though those members were properly standing at their desks and were requesting to be recognized.

Such abuse of power in not recognizing and not allowing members to vote is self-serving, arrogant, heavy-handed and disenfranchises members from representing their constituencies. This outrageous, dictatorial behavior cannot and must not be tolerated in our representative form of government.

We, the undersigned Members of the House of Representatives, therefore, request that Speaker Carruthers publicly apologize to the Members of the House who wished to vote or change their vote on the Sviggum amendment but were prevented from doing so because the voting board was locked. We further request that the apology be duly entered into the Journal of the Minnesota House of Representatives.

Signed:

Steve Sviggum Alice M. Seagren

Eileen Tompkins Michelle Rifenberg

Hilda Bettermann Erik Paulsen

Sherry Broecker William Kuisle

Kevin Goodno Ken Wolf

Doug Reuter R. Mulder

Ron Abrams Henry Van Dellen

Jim Rostberg Steven B. Dehler

Bruce D. Anderson Bob Gunther

Arlon W. Lindner Dan C. McElroy

Barbara J. Sykora Mark Olson

M. Osskopp T. Workman

Sondra Erickson Doug Stang

Bud Nornes Philip Krinkie

Steve Smith Jerry Dempsey

Kathy Tingelstad Tony Kielkucki


Journal of the House - 101st Day - Monday, March 30, 1998 - Top of Page 8690

Carol Molnau Charlie Weaver

Fran Bradley Dave Bishop

Bob Westfall Marty Seifert

Tim Finseth Bill Macklin

Roxanne Daggett Lynda Boudreau

Peggy Leppik Ron Erhardt

Tim Pawlenty H. Mares

Ray Vandeveer Bob Ness

Dennis Ozment Mark Holsten

Peg Larsen Elaine Harder

Howard Swenson Jim Knoblach

William Haas Tim Commers

Ron Kraus R. W. Stanek

Greg Davids Torrey Westrom

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, March 31, 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., Tuesday, March 31, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives