Journal of the House - 101st Day - Thursday, May 4, 2006

A quorum was present.

Huntley and Mariani were excused.

Erhardt was excused until 10:25 a.m. Lesch was excused until 1:35 p.m.

The Chief Clerk proceeded to read the Journals of the preceding days. Scalze moved that further reading of the Journals be suspended and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7424

REPORTS OF CHIEF CLERK

S. F. No. 2374 and H. F. No. 3691, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Meslow moved that the rules be so far suspended that S. F. No. 2374 be substituted for H. F. No. 3691 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2660 and H. F. No. 3095, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hornstein moved that the rules be so far suspended that S. F. No. 2660 be substituted for H. F. No. 3095 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2939 and H. F. No. 3446, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Juhnke moved that the rules be so far suspended that S. F. No. 2939 be substituted for H. F. No. 3446 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3087 and H. F. No. 3368, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Finstad moved that the rules be so far suspended that S. F. No. 3087 be substituted for H. F. No. 3368 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3146 and H. F. No. 3483, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Samuelson moved that the rules be so far suspended that S. F. No. 3146 be substituted for H. F. No. 3483 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3551 and H. F. No. 3890, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Soderstrom moved that the rules be so far suspended that S. F. No. 3551 be substituted for H. F. No. 3890 and that the House File be indefinitely postponed. The motion prevailed.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7425

REPORTS OF STANDING COMMITTEES

Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 1443, A bill for an act relating to elections; requiring proof of citizenship as part of registration; requiring voters to provide picture identification; providing for the issuance of certain identification cards at no charge; establishing a procedure for unverified ballots; amending Minnesota Statutes 2004, sections 201.061, subdivision 1; 204C.13, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections 201.061, subdivision 3; 204C.10; proposing coding for new law in Minnesota Statutes, chapter 204C.

Reported the same back with the following amendments:

Page 1, line 19, before the period, insert ", except that this proof is not required when the individual lives in a residential facility, as defined by section 201.061, subdivision 3"

Page 2, line 10, before the comma, insert ", except that this proof is not required when the individual resides in a residential facility, as defined by section 201.061, subdivision 3"

Page 4, line 12, after "(2)" insert "except when the voter resides in a residential facility, as defined by section 201.061, subdivision 3,"

Page 4, delete section 4, and insert:

"Sec. 4. [204C.105] NO CHARGE FOR CERTAIN IDENTIFICATION.

(a) The Department of Public Safety shall provide to each eligible applicant at no charge a Minnesota identification card or Under-21 identification card as described in section 171.07, subdivision 3, to anyone eligible to vote who presents verification of a household income below the federal poverty level and demonstrates a need. This free identification card can only be applied for at one of the 16 regional state-run Department of Motor Vehicle driver's license facilities. The secretary of state's office shall reimburse the Department of Public Safety the actual cost for providing the free Minnesota identification card or Under-21 identification card issued pursuant to this section.

(b) The applicant must present verification of eligibility when applying for an initial identification card or Under-21 identification card and when applying for any renewal or, as a result of a change of address, for a duplicate of an identification card or Under-21 identification card.

(c) All costs and implementation procedures shall be agreed upon by the secretary of state and the commissioner of public safety prior to the implementation of this section.

(d) The secretary of state and the commissioner of public safety shall reevaluate the costs of this program prior to the 2008-2009 biennium and report to the legislature their findings for possible inclusion in the budget for that biennium."

Page 5, after line 2, insert:

"Sec. 6. EFFECTIVE DATE.

Sections 1 to 5 are effective July 1, 2007."

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7426

Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 3116, A bill for an act relating to game and fish; modifying critical habitat private sector matching account provisions; providing definitions; providing for and modifying disposition of certain revenue; modifying restrictions on motorized watercraft and recreational vehicles in wildlife management areas; providing for inspection of equipment used to take wild animals; modifying certain penalty and fee amounts; modifying certain game and fish license provisions; modifying firearms possession provisions for persons under 16; providing for collecting antler sheds; modifying firearms safety course requirements; modifying certain provisions for taking and possessing game and fish; modifying restrictions on using lights to locate animals; modifying provisions for fishing contests; providing for a moratorium on use of public waters for aquaculture; modifying regulation of all-terrain vehicles; creating two classes of all-terrain vehicles; requiring rulemaking; amending Minnesota Statutes 2004, sections 84.92, subdivision 8, by adding subdivisions; 84.928, by adding a subdivision; 84.943, subdivision 3; 97A.015, by adding subdivisions; 97A.055, subdivision 2; 97A.065, subdivision 2; 97A.075, subdivision 1; 97A.101, subdivision 4; 97A.251, subdivision 1; 97A.321; 97A.475, subdivision 2; 97A.535, subdivision 1; 97B.015, by adding a subdivision; 97B.021, subdivision 1, by adding a subdivision; 97B.081, subdivision 1; 97B.301, subdivision 7; 97B.311; 97C.025; 97C.081, subdivisions 4, 6, 8, 9; 97C.205; 97C.315, subdivision 2; 97C.355, subdivision 7; 97C.371, subdivisions 3, 4; Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1; 84.9257; 84.926, subdivision 4; 84.928, subdivision 1; 97A.405, subdivision 4; 97A.475, subdivision 3; 97A.551, subdivision 6; 197.65; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2004, section 97C.355, subdivision 6.

Reported the same back with the following amendments:

Page 8, after line 29, insert:

"Sec. 20. Minnesota Statutes 2004, section 97A.085, subdivision 4, is amended to read:

Subd. 4. Establishment by petition of county residents. The commissioner may designate as a game refuge public waters or a contiguous area described in a petition, signed by 50 or more residents of the county where the public waters or area is located. The game refuge must be a contiguous area of at least 640 acres unless it borders or includes a marsh, or other body of water or watercourse suitable for wildlife habitat. The game refuge may be designated only if the commissioner finds that protected wild animals are depleted and are in danger of extermination, or that it will best serve the public interest. If any of the land area in the proposed game refuge is privately owned and the commissioner receives a petition opposing designation of the refuge signed by the owners, lessees, or persons in possession of at least 75 percent of the private land area within the proposed game refuge, the commissioner shall not designate the private lands as a game refuge."

Page 9, line 23, reinstate the stricken language and before "$500" insert "a maximum of" and after "violation" insert "under this section"

Page 10, after line 11, insert:

"Sec. 25. Minnesota Statutes 2004, section 97A.465, is amended by adding a subdivision to read:

Subd. 6. Special hunts for military personnel. The commissioner may by rule establish criteria, special seasons, and limits for military personnel and veterans to take big game and small game by firearms or archery in designated areas or times. A person hunting under this subdivision must be participating in a hunt sponsored and administered by the Minnesota Department of Military Affairs or the Minnesota Department of Veterans Affairs."

Page 15, line 16, after the period, insert "Violation of this section shall not result in a penalty and is not subject to section 97A.301."

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7427

Page 16, line 24, delete the new language and insert ", to restrict activities during high use periods, to restrict activities that affect research or management work, to restrict the number of boats,"

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "modifying provisions for designating game refuges;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 3179, A bill for an act relating to education; providing for early childhood and family and kindergarten through grade 12 education including general education revenue, education excellence, special programs, accounting, self-sufficiency and lifelong learning, and pupil transportation; establishing task forces; requiring reports; providing for rulemaking; amending Minnesota Statutes 2004, sections 120A.20, subdivision 1; 120A.22, subdivision 3; 120B.023; 120B.024; 120B.36, subdivision 1; 121A.035; 123A.06, subdivision 2; 123B.10, subdivision 1; 123B.77, subdivision 3, by adding a subdivision; 123B.79, by adding a subdivision; 123B.90, subdivision 2; 123B.91, by adding a subdivision; 124D.02, subdivisions 2, 4; 124D.10, subdivision 16; 124D.518, subdivision 4; 124D.52, subdivision 1; 124D.61; 124D.68, subdivision 3; 125A.02, subdivision 1; 125A.27, subdivision 11; 125A.29; 125A.30; 125A.32; 125A.33; 125A.48; 125A.515, subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.63, subdivision 4; 125A.65, subdivisions 3, 4, 6, 8, 10; 125A.69, subdivision 3; 125A.75, subdivision 1; 125A.76, by adding a subdivision; 126C.05, subdivision 1; 126C.10, subdivision 6; 126C.44; 127A.41, subdivision 2; 169.01, subdivision 6; 169.447, subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision 20; 171.321, subdivision 4; 299F.30; Minnesota Statutes 2005 Supplement, sections 120B.131, subdivision 2; 122A.415, subdivisions 1, 3; 123B.76, subdivision 3; 123B.92, subdivision 1; 124D.095, subdivision 4; 124D.68, subdivision 2; 125A.11, subdivision 1; 125A.79, subdivision 1; 126C.10, subdivision 34; 126C.43, subdivision 2; 127A.45, subdivision 10; Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2004, sections 120A.20, subdivision 3; 125A.10; 125A.515, subdivision 2; 169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26.

Reported the same back with the following amendments:

Page 23, after line 25, insert:

"Sec. 11. Minnesota Statutes 2004, section 181.101, is amended to read:

181.101 WAGES; HOW OFTEN PAID.

Every employer must pay all wages earned by an employee at least once every 31 days on a regular pay day designated in advance by the employer regardless of whether the employee requests payment at longer intervals. Unless paid earlier, the wages earned during the first half of the first 31-day pay period become due on the first

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7428

regular payday following the first day of work. If wages earned are not paid, the commissioner of labor and industry or the commissioner's representative may demand payment on behalf of an employee. If payment is not made within ten days of demand, the commissioner may charge and collect the wages earned and a penalty in the amount of the employee's average daily earnings at the rate agreed upon in the contract of employment, not exceeding 15 days in all, for each day beyond the ten-day limit following the demand. Money collected by the commissioner must be paid to the employee concerned. This section does not prevent an employee from prosecuting a claim for wages. This section does not prevent a school district or, other public school entity, or other school, as defined under section 120A.22, from paying any wages earned by its employees during a school year on regular pay days in the manner provided by an applicable contract or collective bargaining agreement, or a personnel policy adopted by the governing board. For purposes of this section, "employee" includes a person who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes of this section, wages are earned on the day an employee works."

Page 30, line 26, strike "or"

Page 30, line 27, after "cooperative" insert ", or a school district that served as the applicant agency for a group of school districts for federal special education aids for fiscal year 2006"

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 3253, A bill for an act relating to lawful gambling; modifying certain requirements relating to bar bingo and pull-tab games; amending Minnesota Statutes 2004, section 349.211, subdivision 2a; Minnesota Statutes 2005 Supplement, section 349.17, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 349.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 3254, A bill for an act relating to lawful gambling; authorizing pilot project for sports-themed tipboard games.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7429

Knoblach from the Committee on Ways and Means to which was referred:

S. F. No. 930, A bill for an act relating to gambling; appropriating money for compulsive gambling prevention and education.

Reported the same back with the following amendments:

Page 1, line 16, after the period, insert "These are onetime appropriations."

With the recommendation that when so amended the bill pass.

The report was adopted.

Knoblach from the Committee on Ways and Means to which was referred:

S. F. No. 1298, A bill for an act relating to environment; enacting the Minnesota Electronics Recycling Act of 2005; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 116H.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources without further recommendation.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1443, 3116, 3179, 3253 and 3254 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 2374, 2660, 2939, 3087, 3146, 3551 and 930 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Gunther introduced:

H. F. No. 4183, A bill for an act relating to state government; appropriating money and supplementing appropriations for economic development and human services programs and activities; providing for regulation of certain activities and practices; amending Minnesota Statutes 2004, sections 43A.08, subdivision 1a; 116.07, subdivision 2a; 116J.421, by adding a subdivision; 116J.552, subdivision 7; 116L.04, subdivisions 1, 1a; 116L.12, subdivision 4; 119B.03, subdivision 4; 181.032; 216C.41, subdivision 4; 245A.023; 245A.14, by adding a

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7430

subdivision; 259.87; 298.22, subdivisions 1, 8, by adding a subdivision; 298.2213, subdivision 4; 298.223, subdivisions 2, 3; 326.105; 446A.03, subdivision 5; 518.551, subdivision 7; Minnesota Statutes 2005 Supplement, sections 115C.09, subdivision 3j; 116J.551, subdivision 1; 116J.572, subdivision 3; 116J.575, subdivision 1; 298.296, subdivision 1; 298.298; 446A.073; Laws 2004, chapter 188, section 1, as amended; Laws 2005, First Special Session chapter 1, article 3, section 17; proposing coding for new law in Minnesota Statutes, chapters 116J; 216B; 256K; 259.

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

Larson introduced:

H. F. No. 4184, A bill for an act relating to taxes; individual income; allowing a subtraction for retirement plan contributions included in taxable income in 1982 through 1984 and not subsequently subtracted from taxable income; amending Minnesota Statutes 2005 Supplement, section 290.01, subdivision 19b.

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

Gunther, Slawik and Sertich introduced:

H. F. No. 4185, A bill for an act relating to human services; appropriating money for the Commission Serving Deaf and Hard-of-Hearing People.

The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.

Kohls; Krinkie; Zellers; Brod; Klinzing; DeLaForest; Powell; Gazelka; Emmer; Penas; Charron; Sviggum; Hoppe; Howes; Seifert; Hamilton; Newman; Wilkin; Buesgens; Davids; Peppin; Dean; Vandeveer; Erickson; Soderstrom; Johnson, J., and Blaine introduced:

H. F. No. 4186, A bill for an act relating to fuel taxes; providing a tax holiday.

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

Otremba introduced:

H. F. No. 4187, A bill for an act relating to taxation; motor vehicle sales; modifying the tax and qualifying rules for older passenger vehicles; amending Minnesota Statutes 2004, sections 297B.02, subdivision 2; 297B.025, subdivision 1.

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

Marquart introduced:

H. F. No. 4188, A bill for an act relating to local government aid; modifying the aid distribution formula; amending Minnesota Statutes 2004, section 477A.013, subdivision 9; Minnesota Statutes 2005 Supplement, section 477A.011, subdivision 34.

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

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7431

Cornish, Hackbarth, Smith, Howes, Hoppe, DeLaForest, Penas, Kohls, Zellers, Erickson and Holberg introduced:

H. F. No. 4189, A bill for an act relating to public safety; firearms; clarifying and extending the castle doctrine regarding the authorized use of deadly force in self defense; amending Minnesota Statutes 2004, section 609.065.

The bill was read for the first time and referred to the Committee on Civil Law and Elections.

Lesch introduced:

H. F. No. 4190, A bill for an act relating to consumer protection; prohibiting price gouging; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2514, A bill for an act relating to securities; enacting and modifying the 2002 Uniform Securities Act of the National Conference of Commissioners on Uniform State Laws; prescribing criminal penalties; amending Minnesota Statutes 2004, sections 60A.077, subdivision 9; 82.23; 82.43, subdivision 7; 144A.01, subdivision 4; 245A.02, subdivision 5a; 302A.011, subdivision 26; 302A.251, subdivision 4; 308A.505; 308B.465, subdivision 2; 322B.03, subdivision 43; 322B.663, subdivision 4; 356A.06, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 80A; repealing Minnesota Statutes 2004, sections 80A.01; 80A.02; 80A.03; 80A.04; 80A.041; 80A.05; 80A.06; 80A.07; 80A.08; 80A.09; 80A.10; 80A.11; 80A.115; 80A.12; 80A.122; 80A.125; 80A.13; 80A.14; 80A.15; 80A.16; 80A.17; 80A.18; 80A.19; 80A.22; 80A.23; 80A.24; 80A.25; 80A.26; 80A.27; 80A.28; 80A.29; 80A.30; 80A.31.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 3464, A bill for an act relating to occupations and professions; modifying licensing provision for barbers and cosmetologists; amending Minnesota Statutes 2004, sections 155A.07, by adding a subdivision; 240.08, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7432

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. 3665, A bill for an act relating to the Minnesota Veterans Homes Board; authorizing the board to conduct certain meetings by telephone or other electronic means; amending Minnesota Statutes 2004, section 198.003, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

McNamara moved that the House concur in the Senate amendments to H. F. No. 3665 and that the bill be repassed as amended by the Senate. The motion prevailed.

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 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7435

Mr. Speaker:

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

S. F. Nos. 3219, 2528, 2907, 3105, 3349, 2123, 2849, 3106, 2995 and 3176.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 3219, A bill for an act relating to state lands; authorizing sale or transfer of surplus land at the Brainerd Regional Treatment Center.

The bill was read for the first time and referred to the Committee on State Government Finance.

S. F. No. 2528, A bill for an act relating to governmental operations; creating a task force to study the use of credit and debit cards for payment of taxes, licenses, permits, and other statutory fees.

The bill was read for the first time.

Sieben moved that S. F. No. 2528 and H. F. No. 2944, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2907, A bill for an act relating to economic development; requiring annual reports to the legislature on certain business accounts; amending Minnesota Statutes 2004, section 116J.431, by adding a subdivision; Minnesota Statutes 2005 Supplement, section 116J.575, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.

S. F. No. 3105, A bill for an act relating to county recorders; modifying standards for documents; modifying registration fees and provisions; amending Minnesota Statutes 2004, sections 508.75; 508A.11, subdivision 3; Minnesota Statutes 2005 Supplement, sections 507.093; 508.82, subdivision 1; 508A.82, subdivision 1; repealing Minnesota Statutes 2004, section 508.74.

The bill was read for the first time.

Ruth moved that S. F. No. 3105 and H. F. No. 3454, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3349, A bill for an act relating to domestic abuse; providing for enforcement of foreign protective orders; amending Minnesota Statutes 2004, section 518B.01, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7436

S. F. No. 2123, A resolution memorializing the President, Congress, and the United States Postal Service to maintain current levels of service.

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

S. F. No. 2849, A bill for an act relating to transportation; modifying provision governing financial assistance from the town bridge account; amending Minnesota Statutes 2004, section 161.082, subdivision 2a.

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

S. F. No. 3106, A bill for an act relating to drivers' licenses; authorizing suspension of driver's license for attempting to pay vehicle taxes or fees with insufficient funds; amending Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1.

The bill was read for the first time.

Ruth moved that S. F. No. 3106 and H. F. No. 3438, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2995, A bill for an act relating to liens; providing for the cancellation of certain automobile liens under certain circumstances; regulating liens for storage charges on certain motor vehicles; amending Minnesota Statutes 2004, section 514.19; Minnesota Statutes 2005 Supplement, section 168A.20, subdivision 5.

The bill was read for the first time.

Davids moved that S. F. No. 2995 and H. F. No. 3282, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3176, A bill for an act relating to construction codes; recodifying and modifying construction codes and licensing provisions; modifying the State Building Code; providing penalties for enforcement; instructing the revisor to change certain terms; determining wage rates for apprenticeship agreements; amending Minnesota Statutes 2004, sections 16B.61, subdivision 2; 16B.63, subdivision 5; 16B.748; 144.99, subdivision 1; 175.16, subdivision 1; 178.03, by adding a subdivision; 183.44, subdivision 3; 214.01, subdivision 3; 214.04, subdivision 3; 299F.011, subdivision 1; 326.01, subdivision 4; 326.241; 326.242, subdivisions 4, 9i; 326.243; 326.247; 326.42, subdivision 1; 326.57, subdivision 1; 326.60, subdivision 3; 326.87, subdivision 1; 326.91, subdivision 1; 326.93; 327.20, subdivision 1; 327.35, subdivision 1; 327B.05, subdivision 1; Minnesota Statutes 2005 Supplement, sections 16B.04, subdivision 2; 214.04, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2004, sections 183.52; 183.61, subdivisions 1, 3, 5, 6; 326.01, subdivision 6h; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9j, 9k; 326.244, subdivision 6; 326.246; 326.2461; 326.51; 326.521; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 3800.2650; 3800.3580; 3800.3750; 3800.3835; 4715.5600; 4717.7000, subpart 1, item I.

The bill was read for the first time.

Simpson moved that S. F. No. 3176 and H. F. No. 3525, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7437

The Speaker called Abrams to the Chair.

CALENDAR FOR THE DAY

H. F. No. 3991, A bill for an act relating to transportation; extending life of Mississippi River Parkway Commission to 2012; amending Minnesota Statutes 2005 Supplement, section 161.1419, subdivision 8.

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 6 nays as follows:

Those who voted in the affirmative were:

Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7440

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum

The bill was passed and its title agreed to.

S. F. No. 1287 was reported to the House.

Cox, Goodwin and Dittrich moved to amend S. F. No. 1287 as follows:

Page 1, after line 7, insert:

"Section 1. [16B.655] CONSTRUCTION CODE INSPECTORS.

Subdivision 1. Competency criteria. The commissioner of labor and industry shall adopt rules establishing required competency criteria for individuals serving as construction code inspectors. For the purpose of this section, "construction code inspectors" means building inspectors, mechanical inspectors, plumbing inspectors, and combination inspectors under the supervision of the building official. Required competency criteria shall be relevant to the building, mechanical, and plumbing codes as adopted in Minnesota.

Subd. 2. Continuing education. The commissioner of labor and industry shall adopt rules establishing or approving education programs for construction inspectors related to construction inspection and administration of the State Building Code. Each construction code inspector must satisfactorily complete continuing education requirements as established in rule by the commissioner.

Subd. 3. Exemption. A person holding current certification as a building official under section 16B.65 is exempt from this section.

Subd. 4. Effective date. Effective January 1, 2008, all construction inspectors hired on or after January 1, 2008, shall, within one year of hire, be in compliance with the competency criteria established according to subdivision 1."

Page 3, line 1, delete "1 to 4" and insert "2 to 5"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7441

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

Goodwin; Simon; Hilstrom; Anderson, I.; Hansen and Lenczewski moved to amend S. F. No. 1287, as amended, as follows:

Page 2, after line 10, insert:

"Sec. 5. Minnesota Statutes 2004, section 327A.02, is amended by adding a subdivision to read:

Subd. 2b. Attorney fees. If judgment is rendered in favor of the plaintiff in any action described in this section, the court may also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant. If the judgment is rendered in favor of the defendant and the court finds that plaintiff's suit was frivolous and brought in bad faith, the court may render judgment for a reasonable attorney fee in favor of the defendant against the plaintiff."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Newman and Meslow moved to amend the Goodwin et al amendment to S. F. No. 1287, as amended, as follows:

Page 1, line 5, delete "If" and insert "When" and delete "plaintiff" and insert "prevailing party"

Page 1, line 7, delete everything after the first "the" and insert "prevailing party."

Page 1, delete lines 8 to 11

A roll call was requested and properly seconded.

There being no objection, House Resolution No. 23 was reported to the House.

HOUSE RESOLUTION NO. 23

A House resolution recognizing May 4, 2006, as a Day of Prayer in Minnesota.

Whereas, the citizens of the state of Minnesota have roots in many cultures, with nearly every nationality represented, and honor a variety of religious traditions; and

Whereas, the history of our state is replete with leaders who voluntarily called upon God, whether the need was great or small; and

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7442

Whereas, civic and national days of prayer have a long and venerable history in our constitutional republic, dating back to the First Continental Congress in 1775; and

Whereas, the Declaration of Independence, our first statement as Americans of national purpose and identity, made "the laws of Nature and of Nature's God" the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and

Whereas, in 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was passed unanimously by both houses of Congress and signed by the President; and

Whereas, the National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God's grace, to give thanks for blessings received, to request healing for wounds endured, and to ask God to guide our leaders, bless our troops, and bring wholeness to the United States and its citizens; and

Whereas, May 4, 2006, marks the fifty-fifth consecutive observance of the National Day of Prayer in cities and towns throughout the United States and provides us with a powerful opportunity to humble ourselves; and

Whereas, this year it is fitting that we pray especially for American armed services members serving in Iraq, Afghanistan, Bosnia, Kosovo, and other parts of the world, or supporting those who serve there; and

Whereas, the citizens of Minnesota have the opportunity to gather on this day to pray in their own way; Now, Therefore,

Be it Resolved by the House of Representatives of the State of Minnesota that it recognizes May 4, 2006, as a Day of Prayer in the state of Minnesota and commends this observance to all citizens.

Be it Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the National Prayer Committee.

Erickson moved that House Resolution No. 23 be now adopted. The motion prevailed and House Resolution No. 23 was adopted.

Paulsen moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by Speaker pro tempore Abrams.

Journal of the House - 101st Day - Thursday, May 4, 2006 - Top of Page 7443

CALL OF THE HOUSE

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