STATE OF MINNESOTA Journal of the Senate EIGHTIETH LEGISLATURE ________________ SIXTY-FIRST DAY St. Paul, Minnesota, Friday, May 16, 1997 The Senate met at 10:00 a.m. and was called to order by the President. CALL OF THE SENATE Mr. Moe, R.D. imposed a call of the Senate. The Sergeant at Arms was instructed to bring in the absent members. Prayer was offered by the Chaplain, Rev. Kurt R. Morem. The roll was called, and the following Senators answered to their names: Anderson Higgins Laidig Oliver Scheid Beckman Hottinger Langseth Olson Solon Belanger Janezich Larson Ourada Spear Berg Johnson, D.E. Lesewski Pappas Stevens Berglin Johnson, D.H. Lessard Pariseau Stumpf Betzold Johnson, D.J. Limmer Piper Ten Eyck Cohen Johnson, J.B. Lourey Pogemiller Terwilliger Day Junge Marty Price Vickerman Dille Kelley, S.P. Metzen Robertson Wiener Fischbach Kelly, R.C. Moe, R.D. Robling Wiger Flynn Kiscaden Morse Runbeck Foley Kleis Murphy Sams Frederickson Knutson Neuville Samuelson Hanson Krentz Novak Scheevel The President declared a quorum present. The reading of the Journal was dispensed with and the Journal, as printed and corrected, was approved. MEMBERS EXCUSED Ms. Ranum was excused from the Session of today. EXECUTIVE AND OFFICIAL COMMUNICATIONS The following communications were received. May 15, 1997 The Honorable Allan H. Spear President of the Senate Dear President Spear: It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State, S.F. No. 1684. 3190 JOURNAL OF THE SENATE [61ST DAY Warmest regards, Arne H. Carlson, Governor May 15, 1997 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 Act of the 1997 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23: Time and S.F. H.F. Session Laws Date Approved Date Filed No. No. Chapter No. 1997 1997 1684 144 8:35 a.m. May 15 May 15 Sincerely, Joan Anderson Growe Secretary of State MESSAGES FROM THE HOUSE Mr. President: I have the honor to announce the adoption by the House of the following Senate Concurrent Resolution, herewith returned: Senate Concurrent Resolution No. 10: A Senate concurrent resolution relating to adjournment of the Senate and House of Representatives until 1998. Edward A. Burdick, Chief Clerk, House of Representatives Returned May 16, 1997 Mr. President: I have the honor to announce the passage by the House of the following Senate Files, herewith returned: S.F. Nos. 1423, 157 and 1383. Edward A. Burdick, Chief Clerk, House of Representatives Returned May 15, 1997 Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: S.F. No. 542: A bill for an act relating to law enforcement; authorizing the Lower Sioux Indian community to exercise law enforcement authority; proposing coding for new law in Minnesota Statutes, chapter 626. Senate File No. 542 is herewith returned to the Senate. 61ST DAY] FRIDAY, MAY 16, 1997 3191 Edward A. Burdick, Chief Clerk, House of Representatives Returned May 15, 1997 CONCURRENCE AND REPASSAGE Mr. Frederickson moved that the Senate concur in the amendments by the House to S.F. No. 542 and that the bill be placed on its repassage as amended. The motion prevailed. S.F. No. 542 was read the third time, as amended by the House, and placed on its repassage. The question was taken on the repassage of the bill, as amended. The roll was called, and there were yeas 53 and nays 0, as follows: Those who voted in the affirmative were: Beckman Frederickson Krentz Oliver Scheid Belanger Hanson Laidig Olson Solon Berg Hottinger Langseth Pappas Spear Berglin Janezich Larson Pariseau Stevens Betzold Johnson, D.E. Lesewski Piper Stumpf Cohen Johnson, D.J. Lessard Pogemiller Ten Eyck Day Johnson, J.B. Lourey Price Terwilliger Dille Kelley, S.P. Marty Robertson Vickerman Fischbach Kiscaden Moe, R.D. Robling Wiger Flynn Kleis Morse Sams Foley Knutson Neuville Samuelson So the bill, as amended, was repassed and its title was agreed to. MESSAGES FROM THE HOUSE - CONTINUED Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: S.F. No. 780: A bill for an act relating to the environment; modifying requirements for mercury testing in incinerator emissions; amending Minnesota Statutes 1996, section 116.85, subdivision 1. Senate File No. 780 is herewith returned to the Senate. Edward A. Burdick, Chief Clerk, House of Representatives Returned May 15, 1997 CONCURRENCE AND REPASSAGE Ms. Johnson, J.B. moved that the Senate concur in the amendments by the House to S.F. No. 780 and that the bill be placed on its repassage as amended. The motion prevailed. S.F. No. 780 was read the third time, as amended by the House, and placed on its repassage. The question was taken on the repassage of the bill, as amended. The roll was called, and there were yeas 54 and nays 6, as follows: Those who voted in the affirmative were: Anderson Beckman Belanger Berglin Betzold 3192 JOURNAL OF THE SENATE [61ST DAY Cohen Kelley, S.P. Limmer Olson Samuelson Day Kelly, R.C. Lourey Ourada Scheid Flynn Kiscaden Marty Pappas Solon Frederickson Kleis Metzen Piper Spear Hanson Knutson Moe, R.D. Pogemiller Stumpf Hottinger Krentz Morse Price Ten Eyck Janezich Laidig Murphy Robertson Terwilliger Johnson, D.E. Langseth Neuville Robling Vickerman Johnson, D.J. Larson Novak Runbeck Wiger Johnson, J.B. Lessard Oliver Sams Those who voted in the negative were: Berg Lesewski Pariseau Scheevel Stevens Dille So the bill, as amended, was repassed and its title was agreed to. MESSAGES FROM THE HOUSE - CONTINUED Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: S.F. No. 900: A bill for an act relating to environment; amending provisions regulating toxics in packaging; regulating contents of certain products; establishing an advisory council; amending Minnesota Statutes 1996, sections 115A.965, subdivisions 3, 7, and by adding a subdivision; and 115A.9651; repealing Minnesota Statutes 1996, section 115A.965, subdivision 6. Senate File No. 900 is herewith returned to the Senate. Edward A. Burdick, Chief Clerk, House of Representatives Returned May 15, 1997 CONCURRENCE AND REPASSAGE Ms. Johnson, J.B. moved that the Senate concur in the amendments by the House to S.F. No. 900 and that the bill be placed on its repassage as amended. The motion prevailed. S.F. No. 900: A bill for an act relating to environment; amending provisions regulating toxics in packaging; amending Minnesota Statutes 1996, section 115A.965, subdivisions 3, 7, and by adding a subdivision; repealing Minnesota Statutes 1996, section 115A.965, subdivision 6. Was read the third time, as amended by the House, and placed on its repassage. The question was taken on the repassage of the bill, as amended. The roll was called, and there were yeas 60 and nays 0, as follows: Those who voted in the affirmative were: Anderson Frederickson Kelly, R.C. Limmer Olson Belanger Hanson Kiscaden Lourey Ourada Berg Higgins Kleis Marty Pappas Berglin Hottinger Knutson Metzen Pariseau Betzold Janezich Krentz Moe, R.D. Pogemiller Cohen Johnson, D.E. Laidig Morse Price Day Johnson, D.J. Langseth Murphy Robertson Dille Johnson, J.B. Larson Neuville Robling Fischbach Junge Lesewski Novak Runbeck Flynn Kelley, S.P. Lessard Oliver Sams 61ST DAY] FRIDAY, MAY 16, 1997 3193 Samuelson Scheid Spear Ten Eyck Vickerman Scheevel Solon Stumpf Terwilliger Wiger So the bill, as amended, was repassed and its title was agreed to. MESSAGES FROM THE HOUSE - CONTINUED Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: S.F. No. 1820: A bill for an act relating to energy; providing for customer-specific terms in electric utility service contracts; modifying provisions relating to the legislative electric energy task force; requiring study on restructuring the electric industry; allowing exception to prohibition on natural gas outdoor lighting; exempting property that produces hydroelectric or hydromechanical power on federal land from property taxation; requiring reports on mercury emissions resulting from generation of electricity; amending Minnesota Statutes 1996, sections 216B.05; 216B.162, subdivisions 1, 4, and by adding subdivisions; 216C.051, subdivisions 2 and 6; 216C.19, subdivision 5; 272.02, subdivision 1; and 295.44, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 116. Senate File No. 1820 is herewith returned to the Senate. Edward A. Burdick, Chief Clerk, House of Representatives Returned May 15, 1997 CONCURRENCE AND REPASSAGE Mr. Novak moved that the Senate concur in the amendments by the House to S.F. No. 1820 and that the bill be placed on its repassage as amended. The motion prevailed. S.F. No. 1820 was read the third time, as amended by the House, and placed on its repassage. The question was taken on the repassage of the bill, as amended. The roll was called, and there were yeas 63 and nays 0, as follows: Those who voted in the affirmative were: Anderson Hanson Krentz Neuville Sams Beckman Higgins Laidig Novak Samuelson Belanger Hottinger Langseth Oliver Scheevel Berg Janezich Larson Olson Scheid Berglin Johnson, D.E.