STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
EIGHTY-NINTH DAY
Saint Paul, Minnesota, Monday, April 12, 2004
The House of Representatives convened at 3:00 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Father Ron Nikodem, St. Louis Church, St.
Paul, Minnesota.
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
Abrams
Adolphson
Anderson, I.
Anderson, J.
Atkins
Beard
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Anderson, B.; Gunther; Lindgren; Penas and Seagren were
excused.
Bernardy and Davnie were excused until 3:25 p.m. Thao was excused until 4:00 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Samuelson moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
PETITIONS
AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2004 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2004 |
Date Filed 2004 |
1958 152 10:40
a.m. April 6 April
6
1621 153 10:45
a.m. April 6 April
6
Sincerely,
Mary
Kiffmeyer
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2004 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2004 |
Date Filed 2004 |
1653 154 1:40
p.m. April 8 April
8
Sincerely,
Mary
Kiffmeyer
Secretary
of State
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Johnson, J., introduced:
H. F. No. 3171, A bill for an act relating to game and fish;
permitting the use of scopes by visually impaired hunters for taking deer
during the muzzleloader season; providing criminal penalties; amending
Minnesota Statutes 2002, section 97B.031, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
CALENDAR FOR THE DAY
S. F. No. 1614, A bill for an act relating to animals;
criminalizing certain harm caused to a service animal by a dog; requiring
restitution; clarifying civil liability; imposing a criminal penalty; amending
Minnesota Statutes 2002, section 609.226, subdivision 3, 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 126 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Anderson, J.
Atkins
Beard
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1828, A bill for an act relating to the Minnesota
family investment program; adding county adoption assistance payments up to amount
equal to state adoption assistance payments to income exclusions for purposes
of MFIP-S eligibility; amending Minnesota Statutes 2003 Supplement, section
256J.21, subdivision 2.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 126 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Anderson, J.
Atkins
Beard
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 2378 was reported to the House.
Rukavina moved to amend H. F. No. 2378 as follows:
Page 3, after line 27, insert:
"Sec. 3.
[EXTENSION OF CITY OF HOYT LAKES ZONING AND SUBDIVISION REGULATIONS.]
(a) Notwithstanding the limitations of Minnesota Statutes,
sections 462.357 and 462.358, the city of Hoyt Lakes, with the consent of the
town of White, may extend its zoning and subdivision regulations to the area
legally described as: East 1/2 of
Section 12, Township 58 North, Range 15 West.
(b) Upon consent given by the town of White to the extension
of the city of Hoyt Lakes' zoning and subdivision regulations over the area
legally described in paragraph (a), the city of Hoyt Lakes' regulations prevail
over any other applicable zoning and subdivision regulations.
Sec. 4. [EFFECTIVE
DATE.]
This act is effective under Minnesota Statutes, section
645.02, the day after the governing body of the latter of the town of White and
the city of Hoyt Lakes and their respective chief clerical officers timely
complete their compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Dorman moved to amend H. F. No. 2378, as amended, as follows:
Page 2, line 12, delete "residential"
Page 2, line 13, delete "housing"
The motion prevailed and the amendment was adopted.
H. F. No. 2378, A bill for an act relating to local government;
adding to the list of unpaid special charges for which a city may collect a
service charge as a special assessment; making a conforming change; amending
Minnesota Statutes 2002, section 504B.445, subdivision 4; Minnesota Statutes
2003 Supplement, section 429.101, subdivision 1.
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 74 yeas and
54 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Carlson
Clark
Cornish
Cox
Davids
Davnie
Dempsey
Dill
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fuller
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Newman
Opatz
Osterman
Otremba
Otto
Ozment
Paymar
Pelowski
Peterson
Powell
Pugh
Rhodes
Rukavina
Samuelson
Sertich
Sieben
Solberg
Strachan
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Adolphson
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
DeLaForest
Demmer
Eastlund
Erickson
Finstad
Gerlach
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Jacobson
Johnson, J.
Klinzing
Kohls
Krinkie
Kuisle
Lindner
Lipman
Magnus
Nelson, C.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Paulsen
Ruth
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Swenson
Sykora
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
The bill was passed, as amended, and its title agreed to.
Paulsen moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Smith moved that the name of Knoblach be added as an author on
H. F. No. 2367. The
motion prevailed.
Nelson, C., moved that the names of Bradley and Kuisle be added
as authors on H. F. No. 3128.
The motion prevailed.
Kohls moved that the name of Erickson be added as an author on
H. F. No. 3168. The
motion prevailed.
Kelliher moved that the name of Slawik be added as an author on
H. F. No. 3169. The
motion prevailed.
Otremba introduced:
House Resolution No. 21, A House resolution recognizing May
17-21, 2004, as Smarter Safer Kids Week in Minnesota.
The resolution was referred to the Committee on Rules and
Legislative Administration.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Wednesday, April 14, 2004.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:00 noon, Wednesday, April 14, 2004.
Edward
A. Burdick,
Chief Clerk, House of Representatives