Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3881

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 1999

__________________

SIXTY-FIRST DAY

Saint Paul, Minnesota, Monday, May 10, 1999

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.

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 Dorn Holsten Lindner Pawlenty Tomassoni
Abrams Entenza Howes Luther Paymar Trimble
Anderson, B. Erhardt Huntley Mahoney Peterson Tuma
Anderson, I. Erickson Jaros Mares Pugh Tunheim
Bakk Finseth Jennings Marko Rest Van Dellen
Biernat Folliard Johnson McCollum Reuter Vandeveer
Bishop Fuller Juhnke McElroy Rhodes Wagenius
Boudreau Gerlach Kahn McGuire Rifenberg Wejcman
Bradley Gleason Kalis Milbert Rostberg Wenzel
Broecker Goodno Kelliher Molnau Rukavina Westerberg
Buesgens Gray Kielkucki Mulder Schumacher Westfall
Carruthers Greenfield Knoblach Mullery Seagren Westrom
Cassell Greiling Koskinen Murphy Seifert, J. Wilkin
Chaudhary Gunther Krinkie Ness Seifert, M. Winter
Clark, J. Haake Kubly Nornes Skoe Wolf
Clark, K. Haas Kuisle Olson Skoglund Workman
Daggett Hackbarth Larsen, P. Opatz Smith Spk. Sviggum
Davids Harder Larson, D. Orfield Stang
Dawkins Hasskamp Leighton Osskopp Storm
Dehler Hausman Lenczewski Osthoff Swenson
Dempsey Hilty Leppik Ozment Sykora
Dorman Holberg Lieder Paulsen Tingelstad

A quorum was present.

Munger was excused.

Carlson and Pelowski were excused until 10:20 a.m. Otremba and Mariani were excused until 11:00 a.m. Solberg and Stanek were excused until 12:15 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Seifert, M., 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 - 61st Day - Monday, May 10, 1999 - Top of Page 3882

REPORT FROM THE CHAIR OF THE

COMMITTEE ON WAYS AND MEANS

May 7, 1999

Edward A. Burdick

Chief Clerk of the House of Representatives

The State of Minnesota

Dear Mr. Burdick:

House Rule 4.03 requires the Chair of the Committee on Ways and Means to certify to the House of Representatives that the Committee has reconciled any finance and revenue bills with the budget resolution and targets.

Please accept this letter as certification that S. F. Nos. 685, 1485, 1572, 1636, 1721, 2052 and H. F. Nos. 176, 510, 595, 743, 1077, 1180 and 2127 reconcile with the budget resolution and targets.

Sincerely,

Representative Dave Bishop

Chair, House Ways and Means Committee

REPORTS OF CHIEF CLERK

S. F. No. 319 and H. F. No. 1077, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Mares moved that the rules be so far suspended that S. F. No. 319 be substituted for H. F. No. 1077 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. No. 319 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Mulder introduced:

H. F. No. 2442, A bill for an act relating to economic development; providing for reimbursement of losses incurred by the city of Pipestone; authorizing state bonds; appropriating money.

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


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3883

Mullery introduced:

H. F. No. 2443, A bill for an act relating to Hennepin county; making modifications to the human resources system; amending Minnesota Statutes 1998, sections 383B.26; 383B.27, subdivisions 7, 10, 16, 17, and 19; 383B.28, subdivisions 1, 3, and 4; 383B.29; 383B.30; 383B.31; 383B.32, subdivisions 2 and 3; and 383B.34, subdivision 2; repealing Minnesota Statutes 1998, section 383B.27, subdivisions 3, 4, 5, 6, 11, 12, 13, and 14.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

S. F. No. 23, A bill for an act relating to family law; repealing the administrative process for support orders; establishing a child support magistrate system; amending Minnesota Statutes 1998, sections 357.021, subdivision 1a; 484.70, subdivision 1; 518.54, by adding a subdivision; 518.551, subdivisions 9, 12, 13, and 14; 518.575, subdivision 1; 518.616, subdivision 1; and 552.05, subdivision 10; Laws 1998, chapter 338, section 8; proposing coding for new law in Minnesota Statutes, chapters 484; and 518; repealing Minnesota Statutes 1998, sections 518.5511; and 518.5512.

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

Senators Foley, Ten Eyck and Knutson.

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

Biernat 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. 23. 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. 346, A bill for an act relating to child custody; expanding provisions for relative ex parte temporary custody; amending Minnesota Statutes 1998, section 518.158, subdivisions 1 and 2.


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

Senators Ranum, Foley and Kiscaden.

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

Wagenius 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. 346. 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. 171, A bill for an act relating to commerce; providing an appropriation for an education campaign on mortgage flipping; establishing penalties; proposing coding for new law in Minnesota Statutes, chapter 82B.

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

Senators Higgins, Kleis and Lourey.

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

Gray 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. 171. 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. 441, A bill for an act relating to crime prevention; modifying the criminal penalties for certain crimes to provide more uniformity; creating a pretrial diversion program for writers of dishonored checks; amending Minnesota Statutes 1998, sections 332.50, subdivision 2; 609.52, subdivision 3; 609.535, subdivision 2a; 609.631, subdivision 4; and 609.821, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 628.

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

Senators Spear; Kelly, R. C., and Limmer.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3885

Pawlenty 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. 441. The motion prevailed.

Mr. Speaker:

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

S. F. No. 1145.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1145, A bill for an act relating to traffic regulations; modifying provisions regulating disability parking; abolishing certain credit for vehicle registration fee; specifically authorizing statutory and home rule charter cities to adopt ordinances regulating long-term parking; appropriating money; amending Minnesota Statutes 1998, sections 168.021, subdivision 2; 169.345, subdivisions 1, 3, and 4; and 169.346, subdivision 3, and by adding a subdivision.

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

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately preceding the remaining bills on the Calendar for the Day, for Monday, May 10, 1999:

S. F. Nos. 1572, 1485 and 1636; H. F. Nos. 1024, 595 and 1940; and S. F. Nos. 615, 1329 and 1831.

CALENDAR FOR THE DAY

S. F. No. 1572, A bill for an act relating to natural resources; modifying provisions for the exchange or sale of leased lakeshore lots; amending Laws 1998, chapter 389, article 16, section 31, subdivisions 2, 3, and 4.

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 115 yeas and 11 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holsten Mahoney Pawlenty Tomassoni
Abrams Dorman Howes Mares Peterson Tuma
Anderson, B. Dorn Jennings Marko Pugh Tunheim
Anderson, I. Erhardt Johnson McCollum Rest Van Dellen

Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3886
Bakk Erickson Juhnke McElroy Reuter Vandeveer
Biernat Finseth Kalis McGuire Rhodes Wejcman
Bishop Fuller Kelliher Milbert Rifenberg Wenzel
Boudreau Gerlach Kielkucki Molnau Rostberg Westerberg
Bradley Gleason Knoblach Mulder Rukavina Westfall
Broecker Goodno Koskinen Mullery Schumacher Westrom
Buesgens Gray Kubly Murphy Seagren Wilkin
Carruthers Gunther Kuisle Ness Seifert, J. Winter
Cassell Haake Larsen, P. Nornes Seifert, M. Wolf
Chaudhary Haas Larson, D. Olson Skoe Workman
Clark, J. Hackbarth Leighton Opatz Smith Spk. Sviggum
Clark, K. Harder Lenczewski Orfield Stang
Daggett Hasskamp Leppik Osskopp Storm
Davids Hausman Lieder Osthoff Swenson
Dawkins Hilty Lindner Ozment Sykora
Dehler Holberg Luther Paulsen Tingelstad

Those who voted in the negative were:

Entenza Greenfield Huntley Kahn Skoglund Wagenius
Folliard Greiling Jaros Paymar Trimble

The bill was passed and its title agreed to.

Pawlenty 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 the Speaker.

CALENDAR FOR THE DAY, Continued

Gray was excused between the hours of 11:30 a.m. and 1:45 p.m.

S. F. No. 1485, A bill for an act relating to professions; modifying provisions of the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design relating to fees and continuing education; increasing penalties; amending Minnesota Statutes 1998, section 326.111, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Rules, part 1800.0500, subpart 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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holsten Lindner Ozment Stang
Abrams Dorn Howes Luther Paulsen Storm
Anderson, B. Entenza Huntley Mahoney Pawlenty Swenson
Anderson, I. Erhardt Jaros Mares Paymar Sykora
Bakk Erickson Jennings Mariani Pelowski Tingelstad
Biernat Finseth Johnson Marko Peterson Tomassoni
Bishop Folliard Juhnke McCollum Pugh Trimble
Boudreau Fuller Kahn McElroy Rest Tuma
Bradley Gerlach Kalis McGuire Reuter Tunheim
Broecker Gleason Kelliher Milbert Rhodes Van Dellen
Buesgens Goodno Kielkucki Molnau Rifenberg Vandeveer
Carlson Greenfield Knoblach Mulder Rostberg Wagenius
Carruthers Greiling Koskinen Mullery Rukavina Wejcman
Cassell Gunther Krinkie Murphy Schumacher Wenzel
Chaudhary Haake Kubly Ness Seagren Westerberg
Clark, J. Haas Kuisle Nornes Seifert, J. Westfall
Clark, K. Hackbarth Larsen, P. Olson Seifert, M. Wilkin
Daggett Harder Larson, D. Opatz Skoe Winter

Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3887
Davids Hasskamp Leighton Orfield Skoglund Wolf
Dawkins Hausman Lenczewski Osskopp Smith Workman
Dehler Hilty Leppik Osthoff Solberg Spk. Sviggum
Dempsey Holberg Lieder Otremba Stanek

The bill was passed and its title agreed to.

S. F. No. 1636 was reported to the House.

Wagenius moved to amend S. F. No. 1636, the unofficial engrossment, as follows:

Page 1, line 19, after "rule" insert:

"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of allowing the discharge of additional effluent into a body of water that is used for drinking water purposes."

Reletter subsequent paragraphs

A roll call was requested and properly seconded.

The question was taken on the Wagenius amendment and the roll was called. There were 61 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Gleason Kahn Mariani Paymar Trimble
Bakk Greenfield Kalis Marko Pelowski Tunheim
Biernat Greiling Kelliher McCollum Peterson Wagenius
Carlson Hasskamp Koskinen McGuire Pugh Wejcman
Carruthers Hausman Kubly Milbert Rest Wenzel
Chaudhary Hilty Larson, D. Mullery Rukavina Winter
Clark, K. Huntley Leighton Murphy Schumacher
Dawkins Jaros Lenczewski Opatz Skoe
Dorn Jennings Lieder Orfield Skoglund
Entenza Johnson Luther Osthoff Solberg
Folliard Juhnke Mahoney Otremba Tomassoni


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3888

Those who voted in the negative were:

Abeler Dehler Hackbarth Mares Rhodes Tingelstad
Abrams Dempsey Harder McElroy Rifenberg Tuma
Anderson, B. Dorman Holberg Molnau Rostberg Van Dellen
Bishop Erhardt Holsten Mulder Seagren Vandeveer
Boudreau Erickson Howes Ness Seifert, J. Westerberg
Bradley Finseth Kielkucki Nornes Seifert, M. Westfall
Broecker Fuller Knoblach Olson Smith Westrom
Buesgens Gerlach Krinkie Osskopp Stanek Wilkin
Cassell Goodno Kuisle Ozment Stang Wolf
Clark, J. Gunther Larsen, P. Paulsen Storm Workman
Daggett Haake Leppik Pawlenty Swenson Spk. Sviggum
Davids Haas Lindner Reuter Sykora

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

Larson, D., and Lenczewski moved to amend S. F. No. 1636, the unofficial engrossment, as follows:

Page 1, after line 19, insert:

"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of increasing the discharge or release of any harmful pollutants."

Reletter subsequent paragraphs

A roll call was requested and properly seconded.

The question was taken on the Larson, D., and Lenczewski amendment and the roll was called. There were 61 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Gleason Juhnke Mahoney Paymar Tunheim
Bakk Greenfield Kahn Mariani Pelowski Vandeveer
Biernat Greiling Kalis Marko Peterson Wagenius
Carlson Haake Kelliher McCollum Pugh Wejcman
Carruthers Hasskamp Koskinen McGuire Rest Wenzel
Chaudhary Hausman Kubly Milbert Rukavina Winter
Clark, K. Hilty Larson, D. Mullery Schumacher
Dawkins Huntley Leighton Opatz Skoglund
Dorn Jaros Lenczewski Orfield Solberg
Entenza Jennings Lieder Osthoff Tomassoni
Folliard Johnson Luther Otremba Trimble

Those who voted in the negative were:

Abeler Dehler Harder McElroy Rifenberg Tingelstad
Abrams Dempsey Holberg Molnau Rostberg Tuma
Anderson, B. Dorman Holsten Mulder Seagren Van Dellen
Bishop Erhardt Howes Ness Seifert, J. Westerberg
Boudreau Erickson Kielkucki Nornes Seifert, M. Westfall
Bradley Finseth Knoblach Olson Skoe Westrom

Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3889
Broecker Fuller Krinkie Osskopp Smith Wilkin
Buesgens Gerlach Kuisle Ozment Stanek Wolf
Cassell Goodno Larsen, P. Paulsen Stang Workman
Clark, J. Gunther Leppik Pawlenty Storm Spk. Sviggum
Daggett Haas Lindner Reuter Swenson
Davids Hackbarth Mares Rhodes Sykora

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

Greenfield moved to amend S. F. No. 1636, the unofficial engrossment, as follows:

Page 1, after line 19, insert:

"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of harming the welfare of children."

Reletter subsequent paragraphs

A roll call was requested and properly seconded.

The question was taken on the Greenfield amendment and the roll was called. There were 57 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Gleason Juhnke Mahoney Osthoff Tomassoni
Bakk Greenfield Kahn Mariani Otremba Trimble
Biernat Greiling Kelliher Marko Paymar Tunheim
Carlson Hasskamp Koskinen McCollum Peterson Vandeveer
Carruthers Hausman Kubly McGuire Pugh Wagenius
Chaudhary Hilty Larson, D. Milbert Rest Wejcman
Clark, K. Huntley Leighton Mullery Rukavina Winter
Dawkins Jaros Lenczewski Murphy Schumacher
Entenza Jennings Lieder Opatz Skoglund
Folliard Johnson Luther Orfield Solberg

Those who voted in the negative were:

Abeler Dempsey Harder McElroy Rifenberg Tuma
Abrams Dorman Holberg Molnau Rostberg Van Dellen

Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3890
Anderson, B. Dorn Holsten Mulder Seagren Wenzel
Bishop Erhardt Howes Ness Seifert, J. Westerberg
Boudreau Erickson Kalis Nornes Seifert, M. Westfall
Bradley Finseth Kielkucki Olson Skoe Westrom
Broecker Fuller Knoblach Osskopp Smith Wilkin
Buesgens Gerlach Krinkie Ozment Stanek Wolf
Cassell Goodno Kuisle Paulsen Stang Workman
Clark, J. Gunther Larsen, P. Pawlenty Storm Spk. Sviggum
Daggett Haake Leppik Pelowski Swenson
Davids Haas Lindner Reuter Sykora
Dehler Hackbarth Mares Rhodes Tingelstad

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

Chaudhary moved to amend S. F. No. 1636, the unofficial engrossment, as follows:

Page 1, after line 19, insert:

"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of reducing access to health care."

Reletter subsequent paragraphs

A roll call was requested and properly seconded.

Abrams moved to amend the Chaudhary amendment to S. F. No. 1636, the unofficial engrossment, as follows:

Page 1, line 8, delete everything before the period and insert "increasing property taxes"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 128 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dorn Huntley Mares Pelowski Tingelstad
Abrams Entenza Jaros Mariani Peterson Tomassoni
Anderson, B. Erhardt Jennings Marko Pugh Trimble
Anderson, I. Erickson Juhnke McCollum Rest Tuma

Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3891
Biernat Finseth Kahn McElroy Reuter Tunheim
Bishop Folliard Kalis McGuire Rhodes Van Dellen
Boudreau Fuller Kelliher Milbert Rifenberg Vandeveer
Bradley Gerlach Kielkucki Molnau Rostberg Wagenius
Broecker Gleason Knoblach Mulder Rukavina Wejcman
Buesgens Goodno Koskinen Mullery Schumacher Wenzel
Carlson Greenfield Krinkie Murphy Seagren Westerberg
Carruthers Gunther Kubly Ness Seifert, J. Westfall
Cassell Haake Kuisle Nornes Seifert, M. Westrom
Chaudhary Haas Larsen, P. Opatz Skoe Wilkin
Clark, J. Hackbarth Larson, D. Orfield Skoglund Winter
Clark, K. Harder Leighton Osskopp Smith Wolf
Daggett Hasskamp Lenczewski Osthoff Solberg Workman
Davids Hausman Leppik Otremba Stanek Spk. Sviggum
Dawkins Hilty Lieder Ozment Stang
Dehler Holberg Lindner Paulsen Storm
Dempsey Holsten Luther Pawlenty Swenson
Dorman Howes Mahoney Paymar Sykora

Those who voted in the negative were:

Olson

The motion prevailed and the amendment to the amendment was adopted.

Chaudhary moved to further amend the Chaudhary amendment, as amended, to S. F. No. 1636, the unofficial engrossment, as follows:

Page 1, line 8, before "increasing" insert "reducing access to health care and"

A roll call was requested and properly seconded.

POINT OF ORDER

Tuma raised a point of order pursuant to section 421 of "Mason's Manual of Legislative Procedure," relating to Equivalent Amendments that the Chaudhary amendment to the amendment, as amended, was not in order. The Speaker ruled the point of order not well taken and the Chaudhary amendment to the amendment, as amended, in order.

The question recurred on the amendment to the amendment, as amended, and the roll was called. There were 122 yeas and 7 nays as follows:

Those who voted in the affirmative were:

Abeler Entenza Huntley Mahoney Pelowski Tingelstad
Abrams Erhardt Jaros Mares Peterson Tomassoni
Anderson, I. Erickson Jennings Mariani Pugh Trimble
Bakk Finseth Johnson Marko Rest Tuma
Biernat Folliard Juhnke McCollum Reuter Tunheim
Bishop Fuller Kahn McElroy Rhodes Van Dellen
Broecker Gerlach Kalis McGuire Rifenberg Vandeveer
Buesgens Gleason Kelliher Milbert Rostberg Wagenius
Carlson Greenfield Kielkucki Molnau Rukavina Wejcman
Carruthers Greiling Knoblach Mulder Schumacher Wenzel
Cassell Gunther Koskinen Mullery Seagren Westerberg
Chaudhary Haake Krinkie Murphy Seifert, J. Westfall
Clark, J. Haas Kubly Ness Seifert, M. Westrom
Clark, K. Hackbarth Kuisle Nornes Skoe Winter
Daggett Harder Larsen, P. Opatz Skoglund Wolf
Davids Hasskamp Larson, D. Orfield Solberg Workman
Dawkins Hausman Leighton Osthoff Stanek Spk. Sviggum
Dehler Hilty Lenczewski Otremba Stang
Dempsey Holberg Leppik Paulsen Storm
Dorman Holsten Lieder Pawlenty Swenson
Dorn Howes Luther Paymar Sykora


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3892

Those who voted in the negative were:

Boudreau Bradley Goodno Lindner Olson Smith
Wilkin

The motion prevailed and the amendment to the amendment, as amended, was adopted.

The question recurred on the Chaudhary amendment, as amended, and the roll was called. There were 120 yeas and 11 nays as follows:

Those who voted in the affirmative were:

Abeler Entenza Huntley Mares Pawlenty Swenson
Abrams Erhardt Jaros Mariani Paymar Sykora
Anderson, I. Erickson Jennings Marko Pelowski Tingelstad
Bakk Finseth Johnson McCollum Peterson Tomassoni
Biernat Folliard Juhnke McElroy Pugh Trimble
Bishop Fuller Kahn McGuire Rest Tuma
Broecker Gleason Kalis Milbert Reuter Tunheim
Carlson Greenfield Kelliher Molnau Rhodes Van Dellen
Carruthers Greiling Knoblach Mulder Rostberg Vandeveer
Cassell Gunther Koskinen Mullery Rukavina Wagenius
Chaudhary Haake Krinkie Murphy Seagren Wejcman
Clark, J. Haas Kubly Ness Seifert, J. Wenzel
Clark, K. Hackbarth Larsen, P. Nornes Seifert, M. Westerberg
Daggett Harder Larson, D. Opatz Skoe Westfall
Davids Hasskamp Leighton Orfield Skoglund Westrom
Dawkins Hausman Lenczewski Osskopp Smith Wilkin
Dehler Hilty Leppik Osthoff Solberg Winter
Dempsey Holberg Lieder Otremba Stanek Wolf
Dorman Holsten Luther Ozment Stang Workman
Dorn Howes Mahoney Paulsen Storm Spk. Sviggum

Those who voted in the negative were:

Anderson, B. Bradley Gerlach Kielkucki Lindner Rifenberg
Boudreau Buesgens Goodno Kuisle Olson

The motion prevailed and the amendment, as amended, was adopted.

The Speaker called Boudreau to the Chair.

Carruthers moved to amend S. F. No. 1636, the unofficial engrossment, as amended, as follows:

Page 2, line 20, delete "or"


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3893

Page 2, line 22, after "program" insert "; or

(4) the rule is required by state statutes or is required to maintain authority to administer a state program"

The motion prevailed and the amendment was adopted.

Winter moved to amend S. F. No. 1636, the unofficial engrossment, as amended, as follows:

Page 3, line 29, delete "half"

A roll call was requested and properly seconded.

The question was taken on the Winter amendment and the roll was called. There were 56 yeas and 76 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Gleason Kelliher Marko Paymar Trimble
Bakk Greenfield Koskinen McCollum Peterson Tunheim
Biernat Greiling Kubly McGuire Pugh Wagenius
Carlson Hasskamp Larson, D. Milbert Rest Wejcman
Carruthers Hausman Leighton Mullery Rukavina Wenzel
Chaudhary Huntley Lenczewski Murphy Schumacher Winter
Clark, K. Jennings Lieder Opatz Skoe
Dawkins Johnson Luther Orfield Skoglund
Entenza Juhnke Mahoney Osthoff Solberg
Folliard Kahn Mariani Otremba Tomassoni

Those who voted in the negative were:

Abeler Dempsey Harder Lindner Reuter Tingelstad
Abrams Dorman Hilty Mares Rhodes Tuma
Anderson, B. Dorn Holberg McElroy Rifenberg Van Dellen
Bishop Erhardt Holsten Molnau Rostberg Vandeveer
Boudreau Erickson Howes Mulder Seagren Westerberg
Bradley Finseth Jaros Ness Seifert, J. Westfall
Broecker Fuller Kalis Nornes Seifert, M. Westrom
Buesgens Gerlach Kielkucki Olson Smith Wilkin
Cassell Goodno Knoblach Osskopp Stanek Wolf
Clark, J. Gunther Krinkie Ozment Stang Workman
Daggett Haake Kuisle Paulsen Storm Spk. Sviggum
Davids Haas Larsen, P. Pawlenty Swenson
Dehler Hackbarth Leppik Pelowski Sykora

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

S. F. No. 1636, A bill for an act relating to governmental operations; providing for regulatory relief for local units of government; proposing coding for new law in Minnesota Statutes, chapter 14.

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


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3894

The question was taken on the passage of the bill and the roll was called. There were 112 yeas and 19 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holsten Lindner Pelowski Swenson
Abrams Dorman Howes Luther Peterson Sykora
Anderson, B. Dorn Huntley Mares Pugh Tingelstad
Anderson, I. Erhardt Jennings Marko Rest Tomassoni
Bakk Erickson Johnson McElroy Reuter Tuma
Biernat Finseth Juhnke McGuire Rhodes Tunheim
Bishop Folliard Kalis Milbert Rifenberg Van Dellen
Boudreau Fuller Kielkucki Molnau Rostberg Vandeveer
Bradley Gerlach Knoblach Mulder Rukavina Wenzel
Broecker Gleason Koskinen Murphy Schumacher Westerberg
Buesgens Goodno Krinkie Ness Seagren Westfall
Carlson Gunther Kubly Nornes Seifert, J. Westrom
Carruthers Haake Kuisle Olson Seifert, M. Wilkin
Cassell Haas Larsen, P. Opatz Skoe Winter
Chaudhary Hackbarth Larson, D. Osskopp Smith Wolf
Clark, J. Harder Leighton Otremba Solberg Workman
Daggett Hasskamp Lenczewski Ozment Stanek Spk. Sviggum
Davids Hilty Leppik Paulsen Stang
Dehler Holberg Lieder Pawlenty Storm

Those who voted in the negative were:

Clark, K. Hausman Mahoney Orfield Trimble Wejcman
Dawkins Jaros Mariani Osthoff Wagenius
Greenfield Kahn McCollum Paymar
Greiling Kelliher Mullery Skoglund

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

H. F. No. 1024 was reported to the House.

Molnau moved that H. F. No. 1024 be continued on the Calendar for the Day. The motion prevailed.

H. F. No. 595, A bill for an act relating to economic development; imposing a specific standard of proof for certain petrofund reimbursement reductions; providing reimbursement for certain bulk petroleum plants upgrading or closing aboveground storage tanks; regulating the cleanup of contaminated land; modifying the application of the Uniform Fire Code to aboveground tanks; providing a regulatory exception for underground tanks on farms; appropriating money; amending Minnesota Statutes 1998, sections 115C.08, subdivision 4; 115C.09, subdivision 3, and by adding a subdivision; 116J.562, subdivision 2; and 116J.567; proposing coding for new law in Minnesota Statutes, chapter 299F.

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


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3895

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holsten Mariani Pelowski Tingelstad
Abrams Dorn Howes Marko Peterson Tomassoni
Anderson, B. Entenza Huntley McCollum Pugh Trimble
Anderson, I. Erhardt Jaros McElroy Rest Tuma
Bakk Erickson Jennings McGuire Reuter Tunheim
Biernat Finseth Johnson Milbert Rhodes Van Dellen
Bishop Folliard Juhnke Molnau Rifenberg Vandeveer
Boudreau Fuller Kelliher Mulder Rostberg Wagenius
Bradley Gerlach Koskinen Mullery Rukavina Wejcman
Broecker Gleason Krinkie Murphy Schumacher Wenzel
Buesgens Goodno Kubly Ness Seagren Westerberg
Carlson Greenfield Kuisle Nornes Seifert, J. Westfall
Carruthers Greiling Larsen, P. Olson Seifert, M. Westrom
Cassell Gunther Larson, D. Opatz Skoe Wilkin
Chaudhary Haake Leighton Orfield Skoglund Winter
Clark, J. Haas Lenczewski Osskopp Smith Wolf
Clark, K. Hackbarth Leppik Osthoff Solberg Workman
Daggett Harder Lieder Otremba Stanek Spk. Sviggum
Davids Hasskamp Lindner Ozment Stang
Dawkins Hausman Luther Paulsen Storm
Dehler Hilty Mahoney Pawlenty Swenson
Dempsey Holberg Mares Paymar Sykora

The bill was passed and its title agreed to.

H. F. No. 1940, A bill for an act relating to utilities; modifying requirements for renewable energy development funding; specifying that certain required expenditures are recoverable; providing a siting preference for certain wind energy facilities; amending Minnesota Statutes 1998, sections 116C.779; 216B.1645; and 216B.2423, 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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3896
Abeler Dorman Howes Luther Pawlenty Swenson
Abrams Dorn Huntley Paymar Sykora
Anderson, B. Entenza Jaros Pelowski Tingelstad
Anderson, I. Erhardt Jennings Peterson Tomassoni
Bakk Erickson Johnson Pugh Trimble
Biernat Finseth Juhnke Rest Tuma
Bishop Folliard Kahn Reuter Tunheim
Boudreau Fuller Kalis Rhodes Van Dellen
Bradley Gerlach Kelliher Rifenberg Vandeveer
Broecker Gleason Kielkucki Rostberg Wagenius
Buesgens Goodno Knoblach Rukavina Wejcman
Carlson Greenfield Koskinen Schumacher Wenzel
Carruthers Greiling Krinkie Seagren Westerberg
Cassell Gunther Kubly Seifert, J. Westfall
Chaudhary Haake Kuisle Seifert, M. Westrom
Clark, J. Haas Larsen, P. Skoe Wilkin
Clark, K. Hackbarth Larson, D. Skoglund Winter
Daggett Harder Leighton Smith Wolf
Davids Hasskamp Lenczewski Solberg Workman
Dawkins Hausman Leppik Stanek Spk. Sviggum
Dehler Hilty Lieder Stang
Dempsey Holsten Lindner Storm
Mahoney
Mares
Mariani
Marko
McCollum
McElroy
McGuire
Milbert
Molnau
Mulder
Mullery
Murphy
Ness
Nornes
Olson
Opatz
Orfield
Osskopp
Osthoff
Ozment
Paulsen

The bill was passed and its title agreed to.

S. F. No. 615 was reported to the House.

Mullery moved to amend S. F. No. 615 as follows:

Page 1, line 14, before "Notwithstanding" insert:

"Subdivision 1. [SPECIFIC APPOINTMENTS.]"

Page 2, line 10, reinstate the stricken "and"

Page 2, line 11, strike the comma after "safety" and delete "and" and insert a period

Page 2, line 12, delete "(t)" and insert:

"Subd. 2. [OTHER CONFIDENTIAL, SUPERVISORY, PROFESSIONAL APPOINTMENTS.] Notwithstanding any provisions of the Minneapolis city charter, civil service rule, law or regulation to the contrary, the superintendent of the park and recreation board of the city of Minneapolis may appoint any suitable person to"

Page 2, line 17, delete the second comma and insert ". Appointments under this subdivision are subject to the Veterans Preference Act.

Subd. 3. [UNCLASSIFIED SERVICE.]"

Page 2, line 18, delete the paragraph coding and strike "and" and after "each" insert "person appointed under this section"

Page 3, after line 4, insert:

"Sec. 3. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; HENNEPIN COUNTY.]

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Hennepin county may convey to the United States of America, acting through the United States Fish and Wildlife Service, Department of the Interior, the tax-forfeited land bordering public water that is described in paragraph (c).

(b) The conveyance must be in a form approved by the attorney general.


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3897

(c) The land to be conveyed is located in Hennepin county and is described as:

(1) Lot 13, Auditors Subdivision 278, Hennepin county, Minnesota (parcel number 23 027 24 14 0001); and

(2) that part of the Southeast Quarter of the Southwest Quarter of Section 12, Township 27, Range 24, lying easterly of Lot 59, Auditors Subdivision Number 205, and lying southwesterly of Parcel 13 as shown on Minnesota department of transportation right-of-way plat numbered 27-4 (parcel number 12 027 24 34 0001).

(d) The county has determined that the county's land management interests would best be served if the parcels were conveyed to the United States Fish and Wildlife Service."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 615, A bill for an act relating to local government; providing for the appointment of various employees of the Minneapolis park and recreation board; authorizing the city of Lakeville to change its general municipal elections to even-numbered years; amending Laws 1969, chapter 1024, section 1, as amended.

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 132 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lieder Otremba Stanek
Abrams Dorn Holsten Lindner Ozment Stang
Anderson, B. Entenza Howes Luther Paulsen Storm
Anderson, I. Erhardt Huntley Mahoney Pawlenty Swenson
Bakk Erickson Jaros Mares Paymar Sykora
Biernat Finseth Jennings Mariani Pelowski Tingelstad
Bishop Folliard Johnson Marko Peterson Tomassoni
Boudreau Fuller Juhnke McCollum Pugh Trimble
Bradley Gerlach Kahn McElroy Rest Tuma
Broecker Gleason Kalis McGuire Reuter Tunheim
Buesgens Goodno Kelliher Milbert Rhodes Van Dellen
Carlson Gray Kielkucki Molnau Rifenberg Wagenius
Carruthers Greenfield Knoblach Mulder Rostberg Wejcman
Cassell Greiling Koskinen Mullery Rukavina Wenzel
Chaudhary Gunther Krinkie Murphy Schumacher Westerberg
Clark, J. Haake Kubly Ness Seagren Westfall
Clark, K. Haas Kuisle Nornes Seifert, J. Westrom
Daggett Hackbarth Larsen, P. Olson Seifert, M. Wilkin
Davids Harder Larson, D. Opatz Skoe Winter
Dawkins Hasskamp Leighton Orfield Skoglund Wolf
Dehler Hausman Lenczewski Osskopp Smith Workman
Dempsey Hilty Leppik Osthoff Solberg Spk. Sviggum


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3898

Those who voted in the negative were:

Vandeveer

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

S. F. No. 1329 was reported to the House.

Leighton moved to amend S. F. No. 1329 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 1140, the first engrossment:

"Section 1. [449.20] [LIMITED LICENSE FEES ON AMUSEMENT MACHINES.]

A home rule charter or statutory city may impose by ordinance a license fee on amusement machines of no more than the greater of the actual cost of issuing the license or $15 per machine or location."

The motion prevailed and the amendment was adopted.

Leighton, Abeler and McElroy moved to amend S. F. No. 1329, as amended, as follows:

Page 1, line 10, delete "the greater of" and before "actual" insert "demonstrated and verifiable"

Page 1, line 11, delete "machine or" and before the period, insert "plus $15 per machine"

The motion prevailed and the amendment was adopted.

S. F. No. 1329, A bill for an act relating to cities; limiting license fees on coin and currency activated amusement machines; proposing coding for new law in Minnesota Statutes, chapter 449.

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 109 yeas and 23 nays as follows:

Those who voted in the affirmative were:

Abeler Erickson Howes Luther Pelowski Sykora
Abrams Finseth Huntley Mares Peterson Tingelstad
Anderson, B. Folliard Jennings Marko Pugh Tomassoni
Anderson, I. Fuller Johnson McCollum Rest Tuma
Bakk Gerlach Juhnke McElroy Reuter Tunheim
Biernat Gleason Kalis McGuire Rhodes Van Dellen
Bishop Goodno Kielkucki Milbert Rifenberg Wenzel
Boudreau Gray Knoblach Molnau Rostberg Westerberg
Bradley Greenfield Koskinen Murphy Rukavina Westfall
Broecker Greiling Krinkie Ness Schumacher Wilkin
Carlson Gunther Kubly Nornes Seagren Winter
Clark, J. Haake Kuisle Olson Seifert, J. Wolf
Daggett Haas Larsen, P. Opatz Seifert, M. Workman
Davids Hackbarth Larson, D. Orfield Smith Spk. Sviggum
Dehler Harder Leighton Osskopp Solberg
Dorman Hasskamp Lenczewski Otremba Stanek

Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3899
Dorn Hilty Leppik Ozment Stang
Entenza Holberg Lieder Paulsen Storm
Erhardt Holsten Lindner Pawlenty Swenson

Those who voted in the negative were:

Buesgens Dawkins Kahn Mulder Skoe Wagenius
Carruthers Dempsey Kelliher Mullery Skoglund Wejcman
Chaudhary Hausman Mahoney Osthoff Trimble Westrom
Clark, K. Jaros Mariani Paymar Vandeveer

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

S. F. No. 1831 was reported to the House.

Dawkins moved to amend S. F. No. 1831 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2016, the first engrossment:

"Section 1. Minnesota Statutes 1998, section 169.1217, subdivision 7, is amended to read:

Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) A vehicle is subject to forfeiture under this section only if:

(1) the driver is convicted of the designated offense upon which the forfeiture is based;

(2) the driver fails to appear with respect to the designated offense charge in violation of section 609.49; or

(3) the driver's conduct results in a designated license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner as required by section 169.123, subdivision 5b or 5c, or the revocation is sustained under section 169.123, subdivision 5b or 6.

(b) A vehicle encumbered by a bona fide security interest, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.

(c) Notwithstanding paragraph paragraphs (b) and (d), the secured party's or, lessor's, or owner's interest in a vehicle is not subject to forfeiture based solely on the secured party's or, lessor's, or owner's knowledge of the act or omission upon which the forfeiture is based if the secured party or, lessor, or owner took reasonable steps to terminate use of the vehicle by the offender.

(d) A motor vehicle is subject to forfeiture under this section only if its owner knew or should have known of the unlawful use or intended use.


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3900

(e) A vehicle subject to a security interest, based upon a loan or other financing arranged by a financial institution, is subject to the interest of the financial institution.

Sec. 2. Minnesota Statutes 1998, section 169.1217, subdivision 7a, is amended to read:

Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.

(b) When a motor vehicle is seized under subdivision 2, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership or possessory interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. Notice mailed by certified mail to the address shown in department of public safety records is sufficient notice to the registered owner of the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially the following language must appear conspicuously: "IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM IN CONCILIATION COURT."

(d) Within 30 days following service of a notice of seizure and forfeiture under this subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture, and the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01. If the value of the seized property is less than $500 $7,500 or less, the claimant may file an action in conciliation court for recovery of the seized vehicle without paying. If the value of the seized property is less than $500, the claimant does not have to pay the conciliation court filing fee. No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. Except as provided in this section, judicial reviews and hearings are governed by section 169.123, subdivisions 5c and 6, and shall take place at the same time as any judicial review of the person's license revocation under section 169.123. The proceedings may be combined with any hearing on a petition filed under section 169.123, subdivision 5c, and are governed by the rules of civil procedure.

(e) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized and the plaintiff's interest in the vehicle seized. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.

(f) If the claimant makes a timely demand for a judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under subdivision 8.


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(g) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized vehicle, the court shall order that filing fees be reimbursed to the person who filed the demand. In addition, the court may order the payment of reasonable costs, expenses, and attorney fees under section 549.21, subdivision 2.

Sec. 3. Minnesota Statutes 1998, section 609.5314, subdivision 2, is amended to read:

Subd. 2. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) Forfeiture of property described in subdivision 1 is governed by this subdivision. When seizure occurs, or within a reasonable time after that, all persons known to have an ownership or possessory interest in seized property must be notified of the seizure and the intent to forfeit the property. In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in department of public safety records is deemed sufficient notice to the registered owner.

(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action. The notice must be in writing and contain:

(1) a description of the property seized;

(2) the date of seizure;

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially the following language must appear conspicuously: "IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM IN CONCILIATION COURT."

Sec. 4. Minnesota Statutes 1998, section 609.5314, subdivision 3, is amended to read:

Subd. 3. [JUDICIAL DETERMINATION.] (a) Within 60 days following service of a notice of seizure and forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the county attorney for that county, and the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01. If the value of the seized property is less than $500 $7,500 or less, the claimant may file an action in conciliation court for recovery of the seized property without paying. If the value of the seized property is less than $500, the claimant does not have to pay the conciliation court filing fee. No responsive pleading is required of the county attorney and no court fees may be charged for the county attorney's appearance in the matter. The proceedings are governed by the Rules of Civil Procedure.

(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized. Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.

(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.


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(d) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized property, the court shall order that filing fees be reimbursed to the person who filed the demand. In addition, the court may order sanctions under section 549.211. If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 4 are effective August 1, 1999, and apply to forfeitures initiated on or after that date."

The motion prevailed and the amendment was adopted.

S. F. No. 1831, A bill for an act relating to crime prevention; making miscellaneous changes to certain forfeiture provisions; amending Minnesota Statutes 1998, sections 169.1217, subdivisions 7 and 7a; and 609.5314, subdivisions 2 and 3.

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 120 yeas and 13 nays as follows:

Those who voted in the affirmative were:

Abeler Erhardt Jaros Mahoney Paulsen Stang
Abrams Finseth Jennings Mares Pawlenty Storm
Anderson, B. Folliard Johnson Mariani Paymar Swenson
Anderson, I. Fuller Juhnke Marko Pelowski Sykora
Bakk Gleason Kahn McCollum Peterson Tingelstad
Bishop Goodno Kalis McElroy Pugh Tomassoni
Boudreau Gray Kelliher McGuire Rest Trimble
Bradley Greenfield Kielkucki Milbert Rhodes Tuma
Broecker Greiling Knoblach Molnau Rifenberg Tunheim
Carlson Gunther Koskinen Mullery Rostberg Van Dellen
Cassell Haake Kubly Murphy Rukavina Wagenius
Clark, J. Haas Kuisle Ness Schumacher Wejcman
Clark, K. Hackbarth Larsen, P. Nornes Seagren Wenzel
Daggett Harder Larson, D. Olson Seifert, J. Westerberg
Davids Hasskamp Leighton Opatz Seifert, M. Westfall
Dawkins Hausman Lenczewski Orfield Skoe Westrom
Dehler Hilty Leppik Osskopp Skoglund Winter
Dempsey Holsten Lieder Osthoff Smith Wolf
Dorman Howes Lindner Otremba Solberg Workman
Dorn Huntley Luther Ozment Stanek Spk. Sviggum

Those who voted in the negative were:

Biernat Chaudhary Gerlach Mulder Wilkin
Buesgens Entenza Holberg Reuter
Carruthers Erickson Krinkie Vandeveer

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


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3903

There being no objection, the order of business reverted to Messages from the Senate.

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. 718, A bill for an act relating to professions; regulating advanced practice registered nursing; amending Minnesota Statutes 1998, sections 62A.15, subdivision 3a; 148.171; 148.191, subdivision 2; 148.235; 148.261, subdivisions 1 and 5; 148.262, subdivision 1; 148.263, subdivisions 3 and 4; 148.271; 148.281, subdivision 1; 148.283; 245.462, subdivision 18; and 245.4871, subdivision 27; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, chapter 6340.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 1825, A bill for an act relating to lawful gambling; specifying locations where pull-tab dispensing machines may be used; requiring certain information to be printed on raffle tickets; authorizing certain tipboard games and tipboard rules; increasing maximum consolation prizes for bingo games; specifying maximum tipboard prizes; amending Minnesota Statutes 1998, sections 349.151, subdivision 4b, and by adding a subdivision; 349.1711, by adding a subdivision; and 349.211, subdivision 2, and by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

Osskopp moved that the House refuse to concur in the Senate amendments to H. F. No. 1825, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

H. F. No. 14, A bill for an act relating to education; providing that a person convicted of child abuse or sexual abuse is ineligible to be licensed as a teacher; providing for reconsideration in cases of reversal by a court; amending Minnesota Statutes 1998, sections 122A.20, subdivision 1; 122A.40, subdivisions 5 and 13; 122A.41, subdivision 6; and 631.40, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3904

Fuller moved that the House refuse to concur in the Senate amendments to H. F. No. 14, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. No. 746, A bill for an act relating to local government; permitting Grand Rapids to hold their general election in November.

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

Senators Lessard, Vickerman 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

Solberg 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. 746. 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. 709, A bill for an act relating to state procurement; authorizing the commissioner of administration to award a preference of as much as six percent in the amount bid for specified goods or services to small businesses; amending Minnesota Statutes 1998, section 16C.16, subdivision 7; repealing Minnesota Rules, part 1230.1860, item A.

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

Senators Stumpf, Lesewski and Ten Eyck.

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

Tunheim 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. 709. The motion prevailed.


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3905

CALENDAR FOR THE DAY

H. F. No. 1195 was reported to the House.

Molnau moved that H. F. No. 1195 be continued on the Calendar for the Day. The motion prevailed.

S. F. No. 891 was reported to the House.

Holberg moved that S. F. No. 891 be returned to the General Register. The motion prevailed.

MOTION FOR RECONSIDERATION

Broecker moved that the vote whereby S. F. No. 768 was not passed on Friday, May 7, 1999, be now reconsidered.

A roll call was requested and properly seconded.

The question was taken on the Broecker motion and the roll was called. There were 115 yeas and 14 nays as follows:

Those who voted in the affirmative were:

Abeler Erhardt Huntley Mares Peterson Tingelstad
Abrams Finseth Jaros Mariani Pugh Tomassoni
Anderson, I. Folliard Jennings Marko Rest Trimble
Bakk Fuller Johnson McCollum Rhodes Tuma
Biernat Gleason Juhnke McElroy Rifenberg Tunheim
Bishop Goodno Kahn McGuire Rostberg Van Dellen
Bradley Gray Kalis Milbert Rukavina Wagenius
Broecker Greenfield Kelliher Mullery Schumacher Wejcman
Carlson Greiling Kielkucki Murphy Seagren Wenzel
Carruthers Gunther Koskinen Ness Seifert, J. Westerberg
Cassell Haake Kubly Nornes Seifert, M. Westfall
Chaudhary Haas Kuisle Opatz Skoe Winter
Clark, K. Hackbarth Larsen, P. Osskopp Skoglund Wolf
Daggett Harder Larson, D. Osthoff Smith Workman
Davids Hasskamp Leighton Otremba Solberg Spk. Sviggum
Dawkins Hausman Lenczewski Ozment Stanek
Dehler Hilty Leppik Paulsen Stang
Dorman Holberg Lieder Pawlenty Storm
Dorn Holsten Luther Paymar Swenson
Entenza Howes Mahoney Pelowski Sykora

Those who voted in the negative were:

Anderson, B. Erickson Krinkie Olson Westrom Wilkin
Buesgens Gerlach Lindner Reuter
Clark, J. Knoblach Mulder Vandeveer

The motion prevailed.


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3906

S. F. No. 768 was reported to the House.

S. F. No. 768, A bill for an act relating to Ramsey county; making changes in the personnel process; amending Minnesota Statutes 1998, section 383A.288, by adding a subdivision.

The bill was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 84 yeas and 48 nays as follows:

Those who voted in the affirmative were:

Abeler Entenza Holberg Leighton Opatz Seifert, J.
Anderson, I. Erhardt Holsten Lenczewski Orfield Skoe
Bakk Folliard Huntley Leppik Osthoff Skoglund
Biernat Gleason Jaros Lieder Otremba Solberg
Boudreau Gray Jennings Luther Ozment Tomassoni
Broecker Greenfield Johnson Mahoney Paymar Trimble
Carlson Greiling Juhnke Mares Pelowski Tunheim
Carruthers Gunther Kahn Mariani Peterson Wagenius
Cassell Haake Kalis Marko Pugh Wejcman
Chaudhary Haas Kelliher McCollum Rest Wenzel
Clark, K. Harder Koskinen McGuire Rhodes Winter
Davids Hasskamp Kubly Milbert Rostberg Wolf
Dawkins Hausman Larsen, P. Mullery Rukavina Workman
Dorn Hilty Larson, D. Murphy Schumacher Spk. Sviggum

Those who voted in the negative were:

Abrams Dorman Kielkucki Ness Seagren Tingelstad
Anderson, B. Erickson Knoblach Nornes Seifert, M. Tuma
Bishop Finseth Krinkie Olson Smith Van Dellen
Bradley Fuller Kuisle Osskopp Stanek Vandeveer
Buesgens Gerlach Lindner Paulsen Stang Westerberg
Clark, J. Goodno McElroy Pawlenty Storm Westfall
Daggett Hackbarth Molnau Reuter Swenson Westrom
Dehler Howes Mulder Rifenberg Sykora Wilkin

The bill was passed and its title agreed to.

MOTIONS AND RESOLUTIONS

Wagenius moved that the name of Gleason be added as an author on H. F. No. 2434. The motion prevailed.

Mares moved that the names of Westerberg and Nornes be added as authors on H. F. No. 2440. The motion prevailed.


Journal of the House - 61st Day - Monday, May 10, 1999 - Top of Page 3907

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1825:

Osskopp, Milbert and Tomassoni.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 23:

Biernat; Seifert, J., and Smith.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 171:

Gray, Davids and Haas.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 346:

Wagenius; Seifert, J., and Boudreau.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 441:

Stanek, Haas and Lieder.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 746:

Solberg, Harder and Otremba.

The Speaker resumed the Chair.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, May 11, 1999. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, May 11, 1999.

Edward A. Burdick, Chief Clerk, House of Representatives


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