EIGHTY-SECOND SESSION 2002
__________________
ONE HUNDRED SECOND DAY
Saint Paul, Minnesota, Thursday, April 25, 2002
This Journal as a PDF document
The House of Representatives convened at 10:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
"This Day" was sung by the Valley Singers from Valley Middle School, Apple Valley, Minnesota, under the direction of Jonathan Ofstad.
Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The roll was called and the following members were present:
| Abeler | Dempsey | Hausman | Larson | Osskopp | Slawik | |
| Abrams | Dibble | Hilstrom | Lenczewski | Osthoff | Smith | |
| Anderson, B. | Dorman | Hilty | Leppik | Otremba | Solberg | |
| Anderson, I. | Dorn | Holsten | Lieder | Ozment | Stanek | |
| Bakk | Eastlund | Howes | Lindner | Paulsen | Stang | |
| Bernardy | Entenza | Huntley | Lipman | Pawlenty | Swapinski | |
| Biernat | Erhardt | Jacobson | Mahoney | Paymar | Swenson | |
| Bishop | Erickson | Jaros | Mares | Pelowski | Sykora | |
| Blaine | Evans | Jennings | Mariani | Penas | Thompson | |
| Boudreau | Folliard | Johnson, R. | Marko | Peterson | Tuma | |
| Bradley | Fuller | Johnson, S. | Marquart | Pugh | Vandeveer | |
| Buesgens | Gerlach | Jordan | McElroy | Rhodes | Wagenius | |
| Carlson | Gleason | Juhnke | McGuire | Rifenberg | Walz | |
| Cassell | Goodno | Kahn | Milbert | Rukavina | Wasiluk | |
| Clark, J. | Goodwin | Kelliher | Molnau | Ruth | Westerberg | |
| Clark, K. | Gray | Kielkucki | Mulder | Schumacher | Westrom | |
| Daggett | Greiling | Knoblach | Mullery | Seagren | Wilkin | |
| Davids | Gunther | Koskinen | Murphy | Seifert | Winter | |
| Davnie | Haas | Krinkie | Nornes | Sertich | Wolf | |
| Dawkins | Hackbarth | Kubly | Olson | Skoe | Workman | |
| Dehler | Harder | Kuisle | Opatz | Skoglund | Spk. Sviggum | |
A quorum was present.
Finseth; Holberg; Johnson, J.; Kalis; Leighton; Ness and Tingelstad were excused.
Walker was excused until 10:50 a.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Penas moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2618, A bill for an act relating to crimes; requiring public employees and officers to make prompt reports of certain unlawful actions; authorizing providing certain data to the state auditor for audit or law enforcement purposes notwithstanding provisions of the data practices act; amending Minnesota Statutes 2000, sections 6.715, subdivision 3, by adding a subdivision; 13.82, subdivision 17; 609.456, subdivision 1; Minnesota Statutes 2001 Supplement, section 13.43, subdivision 2.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. 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 Senate File, herewith transmitted:
S. F. No. 1755.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1755, A bill for an act relating to public employees; establishing a committee to gather information and make recommendations for the design of a school employee health insurance plan; appropriating money.
The bill was read for the first time.
Davids moved that S. F. No. 1755 and H. F. No. 1868, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
The following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2970
A bill for an act relating to natural resources; imposing requirements on certain purchases of the commissioner of natural resources; requiring certain rule amendments; authorizing hiring of employees for operations and maintenance of a certain off-highway vehicle recreation area; providing that a certain speed limit set by rule for waters of the state does not apply in certain circumstances to snowmobiles; exempting all-terrain vehicles used exclusively on owners' or drivers' property from registration; authorizing the commissioner of natural resources to
use grant money for snowmobile trail grooming equipment reimbursement; appropriating money for maintenance, monitoring, environmental review, and enforcement related to recreational motor vehicle use; amending Minnesota Statutes 2000, sections 84.025, by adding a subdivision; 84.87, by adding a subdivision; 84.922, subdivision 1a.
April 23, 2002
The Honorable Steve Sviggum
Speaker of the House of Representatives
The Honorable Don Samuelson
President of the Senate
We, the undersigned conferees for H. F. No. 2970, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2970 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2000, section 84.025, is amended by adding a subdivision to read:
Subd. 10. [RECREATIONAL VEHICLES AND BOATS USED FOR PUBLIC PURPOSES.] All snowmobiles and outboard motors that are purchased by the commissioner of natural resources must be of the four-stroke engine model. All all-terrain vehicles purchased by the commissioner must be manufactured in the state of Minnesota.
Sec. 2. [PUBLIC USE OF RECREATIONAL AREAS; RULES.]
(a) The commissioner of natural resources shall amend the permanent rules relating to public use of recreational areas, Minnesota Rules, parts 6100.0100 to 6100.2400, according to this section and pursuant to Minnesota Statutes, section 14.388.
(b) Minnesota Rules, part 6100.1950, subpart 1, item A, shall be amended to read: "A. On forest lands classified as managed, a person may operate a motor vehicle only on forest roads and forest trails that are not posted and designated closed and in areas that are posted and designated to allow motor vehicle use, subject to the limitations and exceptions in this part."
(c) Minnesota Rules, part 6100.1950, subpart 1, item B, shall be amended to read: "B. On forest lands classified as limited, a person may operate a motor vehicle only on forest roads that are not posted and designated closed and on forest trails or areas that are posted and designated to allow motor vehicle use, subject to the limitations and exceptions in this part."
(d) Minnesota Rules, part 6100.1950, subpart 7, item D, shall be amended to read: "D. Except as provided in item C, on forest lands classified as managed or limited, a person may use an ATV off forest trails in a manner consistent with this subpart when lawfully:
(1) engaged in hunting big game or constructing hunting stands during October, November, and December;
(2) retrieving big game during September; or
(3) trapping during open seasons."
(e) Minnesota Rules, part 6100.1950, subpart 7, shall be amended by adding a new item F to read: "F. Subpart 1 does not apply to motor vehicles used to carry out silvicultural activities, including timber cruising, and the harvest and transport of forest products for commercial purposes."
(f) Minnesota Rules, part 6100.1950, subpart 7, shall be amended by adding a new item G to read: "G. The commissioner may grant a variance from the requirements of subpart 1 to private landowners and leaseholders when the only reasonable access to their land is across state forest lands."
Sec. 3. [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.]
Notwithstanding Laws 2002, chapter 220, article 10, section 38, the commissioner may hire employees for the operations and maintenance of the Iron Range off-highway vehicle recreation area using money appropriated for this purpose in Laws 2001, First Special Session chapter 2, section 5, subdivision 6.
Sec. 4. [SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; AUTHORIZATION.]
Upon a showing of need, the commissioner of natural resources may use up to 50 percent of a snowmobile maintenance and grooming grant under Minnesota Statutes, section 84.83, that was available as of December 31, 2001, to reimburse the intended recipient for expenses incurred in the purchase or lease of snowmobile trail grooming equipment to be used for grant-in-aid trails. The costs must be incurred between July 1, 2001, and May 1, 2002, and recipients must provide acceptable documentation of the costs to the commissioner. All applications for reimbursement under this section must be received no later than September 1, 2002.
Sec. 5. [SNOWMOBILE SPEED LIMIT; LAKES GREATER THAN 10,000 ACRES.]
Notwithstanding any law or rule to the contrary, a county may enact an ordinance to raise the speed limit up to 65 miles per hour for snowmobiles traveling on marked trails during daylight hours on lakes greater than 10,000 acres, subject to the approval of the commissioner of natural resources. Within any posted speed limit, it remains unlawful for any person to drive or operate any snowmobile at a rate of speed greater than is reasonable or proper under all of the surrounding conditions or circumstances.
Sec. 6. [APPROPRIATION.]
$1,215,000 in fiscal year 2003 is appropriated from the natural resources fund to the commissioner of natural resources for maintaining lands and trails administered by the commissioner and open to recreational motor vehicle use and for monitoring and enforcement activities on those lands and trails and environmental review on planned recreational motor vehicle trails. Of this amount, $700,000 is from the all-terrain vehicle account, $460,000 is from the off-road vehicle account, and $55,000 is from the off-highway motorcycle account. Notwithstanding Laws 2002, chapter 220, article 10, section 38, the commissioner may hire employees paid by this appropriation.
Sec. 7. [EFFECTIVE DATE.]
Sections 2 to 4 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to natural resources; imposing requirements on certain purchases of the commissioner of natural resources; requiring certain rule amendments; authorizing hiring of certain employees; authorizing certain reimbursements for snowmobile trail grooming equipment; authorizing counties to raise snowmobile speed limits on certain lakes; appropriating money for maintenance, monitoring, and enforcement related to recreational motor vehicle use; amending Minnesota Statutes 2000, section 84.025, by adding a subdivision."
We request adoption of this report and repassage of the bill.
House Conferees: Tom Hackbarth, Tim Finseth and Thomas Bakk.
Senate Conferees: LeRoy A. Stumpf, Leonard R. Price and Dennis R. Frederickson.
Hackbarth moved that the report of the Conference Committee on H. F. No. 2970 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2970, A bill for an act relating to natural resources; imposing requirements on certain purchases of the commissioner of natural resources; requiring certain rule amendments; authorizing hiring of employees for operations and maintenance of a certain off-highway vehicle recreation area; providing that a certain speed limit set by rule for waters of the state does not apply in certain circumstances to snowmobiles; exempting all-terrain vehicles used exclusively on owners' or drivers' property from registration; authorizing the commissioner of natural resources to use grant money for snowmobile trail grooming equipment reimbursement; appropriating money for maintenance, monitoring, environmental review, and enforcement related to recreational motor vehicle use; amending Minnesota Statutes 2000, sections 84.025, by adding a subdivision; 84.87, by adding a subdivision; 84.922, subdivision 1a.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dempsey | Hausman | Larson | Osskopp | Slawik | |
| Abrams | Dibble | Hilstrom | Lenczewski | Osthoff | Smith | |
| Anderson, B. | Dorman | Hilty | Leppik | Otremba | Solberg | |
| Anderson, I. | Dorn | Holsten | Lieder | Ozment | Stang | |
| Bakk | Eastlund | Howes | Lindner | Paulsen | Swapinski | |
| Bernardy | Entenza | Huntley | Lipman | Pawlenty | Swenson | |
| Biernat | Erhardt | Jacobson | Mahoney | Paymar | Sykora | |
| Bishop | Erickson | Jaros | Mares | Pelowski | Thompson | |
| Blaine | Evans | Jennings | Mariani | Penas | Tuma | |
| Boudreau | Folliard | Johnson, R. | Marko | Peterson | Vandeveer | |
| Bradley | Fuller | Johnson, S. | Marquart | Pugh | Wagenius | |
| Buesgens | Gerlach | Jordan | McElroy | Rhodes | Walz | |
| Carlson | Gleason | Juhnke | McGuire | Rifenberg | Wasiluk | |
| Cassell | Goodno | Kahn | Milbert | Rukavina | Westerberg | |
| Clark, J. | Goodwin | Kelliher | Molnau | Ruth | Westrom | |
| Clark, K. | Gray | Kielkucki | Mulder | Schumacher | Wilkin | |
| Daggett | Greiling | Knoblach | Mullery | Seagren | Winter | |
| Davids | Gunther | Koskinen | Murphy | Seifert | Wolf | |
| Davnie | Haas | Krinkie | Nornes | Sertich | Workman | |
| Dawkins | Hackbarth | Kubly | Olson | Skoe | Spk. Sviggum | |
| Dehler | Harder | Kuisle | Opatz | Skoglund | ||
The bill was repassed, as amended by Conference, and its title agreed to.
S. F. No. 2125, A bill for an act relating to natural resources; modifying provisions for all-terrain vehicle use on certain wildlife management area lands; modifying disposition of lottery ticket in lieu of sales tax receipts; adding to state wildlife management areas; providing for certain land exchanges; permitting the sale of certain consolidated conservation land in Roseau county; amending Minnesota Statutes 2000, section 97A.133, subdivision 3; Minnesota Statutes 2001 Supplement, sections 297A.94; 477A.14.
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 100 yeas and 26 nays as follows:
Those who voted in the affirmative were:
| Abeler | Eastlund | Jacobson | Mahoney | Pawlenty | Stang | |
| Abrams | Erhardt | Johnson, R. | Mares | Pelowski | Swenson | |
| Anderson, B. | Erickson | Johnson, S. | Marko | Penas | Sykora | |
| Bakk | Fuller | Jordan | Marquart | Peterson | Thompson | |
| Blaine | Gerlach | Juhnke | McElroy | Pugh | Tuma | |
| Boudreau | Gleason | Kelliher | Milbert | Rhodes | Vandeveer | |
| Bradley | Goodno | Kielkucki | Molnau | Rifenberg | Walz | |
| Carlson | Goodwin | Knoblach | Mulder | Ruth | Wasiluk | |
| Cassell | Gunther | Krinkie | Mullery | Schumacher | Westerberg | |
| Clark, J. | Haas | Kubly | Murphy | Seagren | Westrom | |
| Daggett | Hackbarth | Kuisle | Nornes | Seifert | Wilkin | |
| Davids | Harder | Larson | Olson | Sertich | Winter | |
| Davnie | Hilstrom | Lenczewski | Opatz | Skoe | Wolf | |
| Dehler | Hilty | Leppik | Osskopp | Slawik | Workman | |
| Dempsey | Holsten | Lieder | Osthoff | Smith | Spk. Sviggum | |
| Dorman | Howes | Lindner | Ozment | Solberg | ||
| Dorn | Huntley | Lipman | Paulsen | Stanek | ||
Those who voted in the negative were:
| Anderson, I. | Dawkins | Gray | Kahn | Paymar | Walker | |
| Bernardy | Dibble | Greiling | Koskinen | Rukavina | ||
| Biernat | Entenza | Hausman | Mariani | Skoglund | ||
| Buesgens | Evans | Jaros | McGuire | Swapinski | ||
| Clark, K. | Folliard | Jennings | Otremba | Wagenius | ||
The bill was passed and its title agreed to.
S. F. No. 3026, A bill for an act relating to health; regulating the provision of interstate telemedicine services; amending Minnesota Statutes 2000, sections 147.081, subdivision 1; 147.091, subdivision 1; 147.141; proposing coding for new law in Minnesota Statutes, chapter 147.
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 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
S. F. No. 2998, A bill for an act relating to occupations and professions; waiving the written case presentation and oral examination component of the licensing requirements for certain alcohol and drug counselors; amending Minnesota Statutes 2001 Supplement, section 148C.11, subdivision 3.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dempsey | Hausman | Lenczewski | Osthoff | Smith | |
| Abrams | Dibble | Hilstrom | Leppik | Otremba | Solberg | |
| Anderson, B. | Dorman | Hilty | Lieder | Ozment | Stanek | |
| Anderson, I. | Dorn | Holsten | Lindner | Paulsen | Stang | |
| Bakk | Eastlund | Howes | Lipman | Pawlenty | Swapinski | |
| Bernardy | Entenza | Huntley | Mahoney | Paymar | Swenson | |
| Biernat | Erhardt | Jacobson | Mares | Pelowski | Sykora | |
| Bishop | Erickson | Jaros | Mariani | Penas | Thompson | |
| Blaine | Evans | Jennings | Marko | Peterson | Tuma | |
| Boudreau | Folliard | Johnson, R. | Marquart | Pugh | Vandeveer | |
| Bradley | Fuller | Johnson, S. | McElroy | Rhodes | Wagenius | |
| Buesgens | Gerlach | Jordan | McGuire | Rifenberg | Walker | |
| Carlson | Gleason | Juhnke | Milbert | Rukavina | Walz | |
| Cassell | Goodno | Kahn | Molnau | Ruth | Wasiluk | |
| Clark, J. | Goodwin | Kielkucki | Mulder | Schumacher | Westerberg | |
| Clark, K. | Gray | Knoblach | Mullery | Seagren | Westrom | |
| Daggett | Greiling | Koskinen | Murphy | Seifert | Wilkin | |
| Davids | Gunther | Krinkie | Nornes | Sertich | Winter | |
| Davnie | Haas | Kubly | Olson | Skoe | Wolf | |
| Dawkins | Hackbarth | Kuisle | Opatz | Skoglund | Workman | |
| Dehler | Harder | Larson | Osskopp | Slawik | Spk. Sviggum | |
The bill was passed and its title agreed to.
H. F. No. 2787, A bill for an act relating to public safety; requiring that employees and prospective employees of electronic security system companies, certain electrical contractors, and alarm and communication contractors undergo criminal history background checks; providing procedures for these background checks; authorizing the discharge of employees based on the results of the background checks and providing that there is no liability for so doing; providing for license disqualification in certain instances; imposing criminal penalties for failure to request background checks as required; amending Minnesota Statutes 2000, sections 326.01, subdivision 5; 326.2421, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299C.
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 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dempsey | Hausman | Larson | Osskopp | Smith | |
| Abrams | Dibble | Hilstrom | Lenczewski | Osthoff | Solberg | |
| Anderson, B. | Dorman | Hilty | Leppik | Otremba | Stanek | |
| Anderson, I. | Dorn | Holsten | Lieder | Ozment | Stang | |
| Bakk | Eastlund | Howes | Lindner | Paulsen | Swapinski | |
| Bernardy | Entenza | Huntley | Lipman | Pawlenty | Swenson | |
| Biernat | Erhardt | Jacobson | Mahoney | Pelowski | Sykora | |
| Bishop | Erickson | Jaros | Mares | Penas | Thompson | |
| Blaine | Evans | Jennings | Mariani | Peterson | Tuma | |
| Boudreau | Folliard | Johnson, R. | Marko | Pugh | Vandeveer | |
| Bradley | Fuller | Johnson, S. | Marquart | Rhodes | Wagenius | |
| Buesgens | Gerlach | Jordan | McElroy | Rifenberg | Walker | |
| Carlson | Gleason | Juhnke | McGuire | Rukavina | Walz | |
| Cassell | Goodno | Kahn | Milbert | Ruth | Wasiluk | |
| Clark, J. | Goodwin | Kelliher | Molnau | Schumacher | Westerberg | |
| Clark, K. | Gray | Kielkucki | Mulder | Seagren | Westrom | |
| Daggett | Greiling | Knoblach | Mullery | Seifert | Wilkin | |
| Davids | Gunther | Koskinen | Murphy | Sertich | Winter | |
| Davnie | Haas | Krinkie | Nornes | Skoe | Wolf | |
| Dawkins | Hackbarth | Kubly | Olson | Skoglund | Workman | |
| Dehler | Harder | Kuisle | Opatz | Slawik | Spk. Sviggum | |
The bill was passed and its title agreed to.
H. F. No. 3319, A bill for an act relating to education; modifying tuition provisions for the Minnesota state academies; amending Minnesota Statutes 2000, section 125A.65, subdivisions 1, 3, 8, 9.
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 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
McGuire was excused for the remainder of today's session.
S. F. No. 2568 was reported to the House.
Abrams moved to amend S. F. No. 2568 as follows:
Page 2, line 14, after "day" insert "after August 1, 2002, that is the day"
The motion prevailed and the amendment was adopted.
S. F. No. 2568, A bill for an act relating to Hennepin county; removing certain limitations on the county board's ability to lease real property; removing limitations on the county board's authority to construct off-street parking facilities; amending Minnesota Statutes 2000, sections 383B.159; 383B.20, subdivision 1; repealing Minnesota Statutes 2000, section 383B.20, subdivision 4.
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 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed, as amended, and its title agreed to.
S. F. No. 3099, A bill for an act relating to human services; allowing the ombudsman for corrections to apply for or receive certain grants; making changes to continuing care programs; modifying case manager continuing education requirements; adding an exemption from preadmission screening requirements; modifying targeted case management client contact requirements; requiring a case management services study; modifying planned closure rate adjustment provisions; correcting inconsistencies in mental health services coverage in border states; requiring plumbers to be licensed; establishing inspection requirements for new plumbing installations; allowing the commissioner to charge fees to hire staff; licensing restricted plumbing contractors; requiring rulemaking; expanding MFIP hardship extensions; amending Minnesota Statutes 2000, sections 241.44, by adding a subdivision; 245.462, subdivision 4; 245.4871, subdivision 4; 245.50, subdivisions 1, 2, 5; 326.01, by adding a subdivision; 326.37, subdivision 1, by adding a subdivision; 326.40, subdivision 1; Minnesota Statutes 2001 Supplement, sections 144.122; 144.148, subdivision 2; 256B.0627, subdivision 10; 256B.0911, subdivisions 4b, 4d; 256B.0913, subdivision 5; 256B.0915, subdivision 3; 256B.0924, subdivision 6; 256B.0951, subdivisions 7, 8; 256B.437, subdivision 6; 256J.425, subdivisions 3, 4, 5, 6, by adding a subdivision; 326.38; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 2000, section 326.45.
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 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
S. F. No. 3200, A bill for an act relating to civil actions; providing that a nonprofit organization operating an environmental learning center is a municipality for purposes of tort claims; amending Minnesota Statutes 2000, section 84.0875.
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 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dempsey | Hausman | Lenczewski | Otremba | Solberg | |
| Abrams | Dibble | Hilstrom | Leppik | Ozment | Stanek | |
| Anderson, B. | Dorman | Hilty | Lieder | Paulsen | Stang | |
| Anderson, I. | Dorn | Holsten | Lindner | Pawlenty | Swapinski | |
| Bakk | Eastlund | Howes | Lipman | Paymar | Swenson | |
| Bernardy | Entenza | Huntley | Mahoney | Pelowski | Sykora | |
| Biernat | Erhardt | Jacobson | Mares | Penas | Thompson | |
| Bishop | Erickson | Jennings | Mariani | Peterson | Tuma | |
| Blaine | Evans | Johnson, R. | Marko | Pugh | Vandeveer | |
| Boudreau | Folliard | Johnson, S. | Marquart | Rhodes | Wagenius | |
| Bradley | Fuller | Jordan | McElroy | Rifenberg | Walker | |
| Buesgens | Gerlach | Juhnke | Milbert | Rukavina | Walz | |
| Carlson | Gleason | Kahn | Molnau | Ruth | Wasiluk | |
| Cassell | Goodno | Kelliher | Mulder | Schumacher | Westerberg | |
| Clark, J. | Goodwin | Kielkucki | Mullery | Seagren | Westrom | |
| Clark, K. | Gray | Knoblach | Murphy | Seifert | Wilkin | |
| Daggett | Greiling | Koskinen | Nornes | Sertich | Winter | |
| Davids | Gunther | Krinkie | Olson | Skoe | Wolf | |
| Davnie | Haas | Kubly | Opatz | Skoglund | Workman | |
| Dawkins | Hackbarth | Kuisle | Osskopp | Slawik | Spk. Sviggum | |
| Dehler | Harder | Larson | Osthoff | Smith | ||
The bill was passed and its title agreed to.
Juhnke moved that the vote whereby S. F. No. 3200 was passed be now reconsidered. The motion prevailed.
Juhnke moved that the action whereby S. F. No. 3200 was given its third reading be now reconsidered. The motion prevailed.
Juhnke moved to amend S. F. No. 3200 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 3443, the first engrossment:
"Section 1. Minnesota Statutes 2000, section 84.0875, is amended to read:
84.0875 [ENVIRONMENTAL LEARNING CENTERS.]
The commissioner may acquire and better, or make grants to counties, home rule charter or statutory cities, or school districts to acquire and better, residential environmental learning centers where students may learn how to use, preserve, and renew the natural resources of this state. A facility and reasonable access to it must be owned by the state or a political subdivision but may be leased to or managed by a nonprofit organization to carry out an environmental learning program established by the commissioner. The lease or management agreement must comply with the requirements of section 16A.695 and must provide for the procurement of liability insurance by the nonprofit organization. A nonprofit organization that is operating an environmental learning center under this section is a municipality for purposes of the liability limitations of section 466.04 while acting within the scope of these activities.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to natural resources; regulating insurance coverages and liability limitations for certain environmental learning centers; amending Minnesota Statutes 2000, section 84.0875."
The motion prevailed and the amendment was adopted.
S. F. No. 3200, A bill for an act relating to civil actions; providing that a nonprofit organization operating an environmental learning center is a municipality for purposes of tort claims; amending Minnesota Statutes 2000, section 84.0875.
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 124 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed, as amended, and its title agreed to.
S. F. No. 3257, A bill for an act relating to municipalities; housing and redevelopment authority officers; adding an exception to conflict of interest provisions; amending Minnesota Statutes 2000, section 471.88, by adding a subdivision.
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 97 yeas and 26 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Dibble | Hilstrom | Lieder | Penas | Swenson | |
| Bakk | Dorn | Hilty | Mahoney | Peterson | Thompson | |
| Bernardy | Eastlund | Howes | Mares | Pugh | Tuma | |
| Biernat | Entenza | Huntley | Mariani | Rhodes | Wagenius | |
| Bishop | Erhardt | Jacobson | Marko | Rifenberg | Walker | |
| Blaine | Evans | Jennings | Marquart | Ruth | Walz | |
| Boudreau | Folliard | Johnson, R. | McElroy | Schumacher | Wasiluk | |
| Bradley | Fuller | Johnson, S. | Mulder | Seifert | Westerberg | |
| Carlson | Gleason | Jordan | Mullery | Sertich | Westrom | |
| Cassell | Goodwin | Juhnke | Murphy | Skoe | Winter | |
| Clark, K. | Gray | Kahn | Nornes | Skoglund | Wolf | |
| Daggett | Greiling | Kelliher | Opatz | Slawik | Spk. Sviggum | |
| Davids | Gunther | Koskinen | Osskopp | Smith | ||
| Davnie | Haas | Kubly | Osthoff | Solberg | ||
| Dawkins | Hackbarth | Larson | Otremba | Stanek | ||
| Dehler | Harder | Lenczewski | Ozment | Stang | ||
| Dempsey | Hausman | Leppik | Pelowski | Swapinski | ||
Those who voted in the negative were:
| Abrams | Erickson | Knoblach | Milbert | Paymar | Workman | |
| Anderson, B. | Gerlach | Krinkie | Molnau | Seagren | ||
| Buesgens | Goodno | Kuisle | Olson | Sykora | ||
| Clark, J. | Holsten | Lindner | Paulsen | Vandeveer | ||
| Dorman | Kielkucki | Lipman | Pawlenty | Wilkin | ||
The bill was passed and its title agreed to.
Pawlenty moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.
There being no objection, the order of business reverted to Messages from the Senate.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2970, A bill for an act relating to natural resources; imposing requirements on certain purchases of the commissioner of natural resources; requiring certain rule amendments; authorizing hiring of employees for operations and maintenance of a certain off-highway vehicle recreation area; providing that a certain speed limit set by rule for waters of the state does not apply in certain circumstances to snowmobiles; exempting all-terrain vehicles used exclusively on owners' or drivers' property from registration; authorizing the commissioner of natural resources to use grant money for snowmobile trail grooming equipment reimbursement; appropriating money for maintenance, monitoring, environmental review, and enforcement related to recreational motor vehicle use; amending Minnesota Statutes 2000, sections 84.025, by adding a subdivision; 84.87, by adding a subdivision; 84.922, subdivision 1a.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. 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. 3183, A bill for an act relating to agriculture; clarifying and updating certain terms; changing certain requirements and procedures; limiting certain fees and payments; authorizing agreements; prohibiting tampering with farm tractor clock-hour meters; prescribing civil and criminal penalties; authorizing the northern counties land
use coordinating board to initiate a land use management pilot project; amending Minnesota Statutes 2000, sections 17.90, subdivision 1a, by adding a subdivision; 17B.03, subdivision 1; 18B.315, subdivision 3; 18B.37, subdivisions 2, 5; 18E.02, by adding a subdivision; 18E.03, subdivision 4; 18E.04, subdivision 3; 18E.06; 21.111, by adding a subdivision; 31.101, as amended; 31.102, subdivision 1; 31.103, subdivision 1; 31.104; 38.331, subdivision 2; 41B.03, subdivisions 1, 3; 223.16, subdivision 5; Minnesota Statutes 2001 Supplement, sections 17.9442; 18B.36, subdivision 1; 18E.04, subdivisions 2, 4; 41B.046, subdivision 2; Laws 2001, chapter 206, section 14; proposing coding for new law in Minnesota Statutes, chapter 325E.
The Senate has appointed as such committee:
Senators Murphy, Frederickson and Ring.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2363.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2363
A bill for an act relating to insurance; limiting the use of credit information; amending Minnesota Statutes 2000, section 72A.20, by adding a subdivision.
April 9, 2002
The Honorable Don Samuelson
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2363, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate concur in the House amendments.
We request adoption of this report and repassage of the bill.
Senate Conferees: David H. Johnson, Deanna L. Wiener and Roy W. Terwilliger.
House Conferees: Gregory M. Davids, Doug Stang and Matt Entenza.
Davids moved that the report of the Conference Committee on S. F. No. 2363 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2363, A bill for an act relating to insurance; limiting the use of credit information; amending Minnesota Statutes 2000, section 72A.20, by adding a subdivision.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 1 nay as follows:
Those who voted in the affirmative were:
| Abeler | Dempsey | Hausman | Lenczewski | Otremba | Solberg | |
| Abrams | Dibble | Hilstrom | Leppik | Ozment | Stanek | |
| Anderson, B. | Dorman | Hilty | Lieder | Paulsen | Stang | |
| Anderson, I. | Dorn | Holsten | Lindner | Pawlenty | Swapinski | |
| Bakk | Eastlund | Howes | Lipman | Paymar | Swenson | |
| Bernardy | Entenza | Huntley | Mahoney | Pelowski | Sykora | |
| Biernat | Erhardt | Jacobson | Mares | Penas | Thompson | |
| Bishop | Erickson | Jaros | Mariani | Peterson | Tuma | |
| Blaine | Evans | Jennings | Marko | Pugh | Vandeveer | |
| Boudreau | Folliard | Johnson, R. | Marquart | Rhodes | Wagenius | |
| Bradley | Fuller | Johnson, S. | McElroy | Rifenberg | Walker | |
| Buesgens | Gerlach | Jordan | Milbert | Rukavina | Walz | |
| Carlson | Gleason | Juhnke | Molnau | Ruth | Wasiluk | |
| Cassell | Goodno | Kahn | Mulder | Schumacher | Westerberg | |
| Clark, J. | Goodwin | Kelliher | Mullery | Seagren | Westrom | |
| Clark, K. | Gray | Kielkucki | Murphy | Seifert | Wilkin | |
| Daggett | Greiling | Knoblach | Nornes | Sertich | Winter | |
| Davids | Gunther | Koskinen | Olson | Skoe | Wolf | |
| Davnie | Haas | Kubly | Opatz | Skoglund | Workman | |
| Dawkins | Hackbarth | Kuisle | Osskopp | Slawik | Spk. Sviggum | |
| Dehler | Harder | Larson | Osthoff | Smith | ||
Those who voted in the negative were:
Krinkie
The bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 3168.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3168
A bill for an act relating to municipalities; providing for a bidding exception for certain water tank service contracts; authorizing an agreement for the city of Walker to maintain and operate the state's water tower at Ah-Gwah-Ching; amending Minnesota Statutes 2000, section 471.345, by adding a subdivision.
April 10, 2002
The Honorable Don Samuelson
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 3168, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment.
We request adoption of this report and repassage of the bill.
Senate Conferees: Dan Stevens, Anthony G. Kinkel and Charles A. Berg.
House Conferees: Larry Howes, Doug Fuller and Al Juhnke.
Howes moved that the report of the Conference Committee on S. F. No. 3168 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 3168, A bill for an act relating to municipalities; providing for a bidding exception for certain water tank service contracts; authorizing an agreement for the city of Walker to maintain and operate the state's water tower at Ah-Gwah-Ching; amending Minnesota Statutes 2000, section 471.345, by adding a subdivision.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 89 yeas and 36 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Abrams | Dibble | Hausman | Koskinen | Osthoff | Smith | |
| Anderson, B. | Eastlund | Holsten | Krinkie | Paulsen | Vandeveer | |
| Biernat | Erickson | Johnson, S. | Lipman | Pawlenty | Wagenius | |
| Buesgens | Folliard | Kahn | Mariani | Paymar | Walker | |
| Clark, J. | Gleason | Kielkucki | Milbert | Pugh | Wilkin | |
| Clark, K. | Goodno | Knoblach | Olson | Rifenberg | Workman | |
The bill was repassed, as amended by Conference, 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. 3024, A bill for an act relating to commerce; providing certain cosmetology definitions; regulating continuing education and licensing requirements for certain licensees; regulating the contractor's recovery fund; providing for the adoption and amendment of uniform conveyancing forms; amending Minnesota Statutes 2000, sections 82.20, subdivision 13; 82.22, subdivision 6; 82B.19, subdivision 1; 82B.21; 155A.03, by adding subdivisions; 155A.07, by adding a subdivision; 326.975, by adding subdivisions; 507.09; Minnesota Statutes 2001 Supplement, section 82.22, subdivision 13.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Scheid, Metzen and Oliver.
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
Haas 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. 3024. 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. 3134, A bill for an act relating to environment; clarifying individual sewage treatment classification; abolishing the waste tire grant and loan program; requiring a water quality permit progress report; establishing the central iron range sanitary sewer district; amending Minnesota Statutes 2000, section 115.55, by adding a
subdivision; Minnesota Statutes 2001 Supplement, section 115A.912, subdivision 1; repealing Minnesota Statutes 2000, section 115A.913; Minnesota Rules, parts 9220.0130, subpart 2, item H; 9220.0170; 9220.0180; 9220.0800; 9220.0805; 9220.0810; 9220.0815; 9220.0820; 9220.0825; 9220.0830; 9220.0835; 9220.0900; 9220.0905; 9220.0910; 9220.0915; 9220.0920; 9220.0925; 9220.0930; 9220.0935.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Higgins, Tomassoni and Frederickson.
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
Holsten 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. 3134. 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. 2707, A bill for an act relating to real estate; filling in an inadvertent omission for a temporary increase in the surcharge for filing and recording certain documents to fund the real estate task force; extending the effective date for the surcharges; appropriating money; amending Minnesota Statutes 2001 Supplement, sections 357.18, subdivision 3; 508.82, subdivision 1; 508A.82, subdivision 1; Laws 2001, First Special Session chapter 10, article 2, section 77; Laws 2001, First Special Session chapter 10, article 2, section 98; Laws 2001, First Special Session chapter 10, article 2, section 99.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Kelley, S. P.; Limmer and Rest.
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
Juhnke 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. 2707. The motion prevailed.
Lipman, Davids and Dawkins.
MOTIONS AND RESOLUTIONS
Daggett moved that the name of Penas be added as an author on H. F. No. 289. The motion prevailed.
Opatz moved that the name of Entenza be added as an author on H. F. No. 2688. The motion prevailed.
Mahoney moved that the names of Kahn and Rhodes be added as authors on H. F. No. 3717. The motion prevailed.
Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, April 29, 2002. The motion prevailed.
Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, April 29, 2002.
Edward A. Burdick, Chief Clerk, House of Representatives