Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3719

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2003

 

_____________________

 

FIFTY-SIXTH DAY

 

Saint Paul, Minnesota, Wednesday, May 14, 2003

 

 

The House of Representatives convened at 11:00 a.m. and was called to order by Lynda Boudreau, Speaker pro tempore.

 

Prayer was offered by Pastor Bob Albing, St. Peder's Lutheran Church, Minneapolis, 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

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

The Speaker assumed the Chair.

 

Otremba was excused.

 

Anderson, B., was excused until 1:10 p.m.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3720

The Chief Clerk proceeded to read the Journal of the preceding day. Adolphson moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

 

 

REPORTS OF CHIEF CLERK

 

 

S. F. No. 333 and H. F. No. 346, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Abeler moved that the rules be so far suspended that S. F. No. 333 be substituted for H. F. No. 346 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 552 and H. F. No. 679, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Haas moved that S. F. No. 552 be substituted for H. F. No. 679 and that the House File be indefinitely postponed. The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 8, 2003

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Sviggum:

 

It is my honor to inform you that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

H. F. No. 446, relating to child labor; exempting certain minors from minimum age restrictions for work as youth athletic program referees, umpires, or officials.

 

 

Sincerely,

 

Tim Pawlenty

Governor


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3721

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 2003 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

2003

 

Date Filed

2003

 

446 31 10:10 a.m. May 8 May 8

 

 

Sincerely,

 

Mary Kiffmeyer

Secretary of State

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 333 and 552 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Abeler, Cox, Kelliher and Tingelstad introduced:

 

H. F. No. 1614, A bill for an act relating to environment; requiring phosphorus management plans for municipal wastewater facilities; amending Minnesota Statutes 2002, section 115.44, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3722

Kahn, Opatz, Clark, Kelliher, Paymar and Mariani introduced:

 

H. F. No. 1615, A bill for an act relating to state government; requiring state agencies to take certain actions to promote bicycle commuting by state employees; proposing coding for new law in Minnesota Statutes, chapter 16B.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

 

Kahn; Hornstein; Otremba; Johnson, S.; Wagenius; Hausman; Otto; Hilty and Eken introduced:

 

H. F. No. 1616, A resolution memorializing the United States Congress and the Commissioner of the Food and Drug Administration of the United States to take steps to protect the health of the people of the United States, and to maintain the effectiveness of human antibiotics by limiting their use as routine additives to animal feeds and water, and memorializing leadership in the other states to join in this effort.

 

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

 

 

Walker; Ellison; Johnson, S.; Thao; Clark; Bernardy; Jaros; Kelliher; Greiling; Slawik; Mariani; Hilty; Sieben; Kahn; Lenczewski; Otto; Nelson, M.; Mahoney; Thissen; Larson; Hausman; Carlson; Goodwin; Davnie; Paymar; Lesch; Hilstrom; Wagenius; Mullery; Hornstein; Biernat; Latz; Opatz and Wasiluk introduced:

 

H. F. No. 1617, A bill for an act relating to public safety; authorizing cities to prohibit carrying firearms on city property; providing penalties; amending Minnesota Statutes 2002, section 624.714, by adding a subdivision.

 

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

 

 

Bradley and Seagren introduced:

 

H. F. No. 1618, A bill for an act relating to state government; adjusting certain appropriations.

 

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

 

 

Abeler; Greiling; Slawik; Davnie; Otremba; Huntley; Juhnke; Tingelstad; Clark; Wagenius; Hornstein; Biernat; Johnson, S.; Thissen and Carlson introduced:

 

H. F. No. 1619, A bill for an act relating to health; providing protection of drinking water from chemicals found to cause cancer or reproductive toxicity; requiring a warning for exposure to chemicals known to cause cancer and reproductive toxicity; proposing coding for new law in Minnesota Statutes, chapter 144.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3723

MESSAGES FROM THE SENATE

 

 

The following message was received from the Senate:

 

Mr. Speaker:

 

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

 

S. F. Nos. 794 and 850.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 794, A bill for an act relating to energy; amending the definition of a radioactive waste management facility; increasing funding for renewable development; specifying the applicability of the renewable development fund; clarifying disconnection of residential utility; authorizing sufficient dry cask storage capacity to allow the nuclear reactors at the Prairie Island nuclear generation facility to operate until the end of their current licenses; modifying transmission upgrade requirements; providing for environmental review; modifying relicensing provisions; creating a hydrogen production development program; providing for township agreements; modifying duties of the legislative energy task force; appropriating money; amending Minnesota Statutes 2002, sections 116C.71, subdivision 7; 116C.779; 216B.095; 216B.097, by adding a subdivision; 216B.1645, by adding a subdivision; 216B.1691, subdivisions 1, 2, by adding subdivisions; 216B.241, subdivision 1b; 216B.2424, subdivision 5; 216B.243, subdivision 3b; 216C.051, subdivisions 2, 3, 6, 9, by adding a subdivision; 216C.052, subdivisions 2, 3; 216C.41, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 116C; 216B; repealing Minnesota Statutes 2002, section 216C.051, subdivisions 1, 4, 5.

 

The bill was read for the first time.

 

Westrom moved that S. F. No. 794 and H. F. No. 775, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 850, A bill for an act relating to natural resources; restricting the use of off-highway vehicles on state land; providing civil citation authority; modifying the disposition of certain fees; modifying registration and operating requirements for certain recreational vehicles; providing for enforcement; modifying motorized trail grants-in-aid; appropriating money; amending Minnesota Statutes 2002, sections 84.788, subdivisions 2, 3, by adding a subdivision; 84.791, subdivisions 1, 2, by adding a subdivision; 84.794, subdivision 2; 84.798, by adding a subdivision; 84.803, subdivision 2; 84.92, subdivision 8; 84.922, by adding a subdivision; 84.925, subdivision 1, by adding a subdivision; 84.926; 84.927, subdivision 2; 84.928, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 84.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3724

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Paulsen from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following additional bills to be placed on the Calendar for the Day for Wednesday, May 14, 2003:

 

H. F. Nos. 810, 831 and 376; S. F. Nos. 484 and 333; H. F. Nos. 592, 730, 845 and 588; S. F. No. 1158; H. F. No. 1006; and S. F. No. 231.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 810 was reported to the House.

 

 

Howes moved to amend H. F. No. 810, the third engrossment, as follows:

 

Page 32, line 36, after the first comma, insert "16,"

 

 

The motion prevailed and the amendment was adopted.

 

 

Howes moved to amend H. F. No. 810, the third engrossment, as amended, as follows:

 

Page 3, delete lines 27 to 31

 

Page 3, line 32, delete "4" and insert "3"

 

Page 3, line 35, delete "5" and insert "4"

 

Page 5, after line 33, insert:

 

"Subd. 3. [LAND PURCHASES.] The commissioner may not use money in the land acquisition account under Minnesota Statutes, section 94.165, to purchase land for Greenleaf state park. The commissioner may only purchase land for Greenleaf state park with money appropriated specifically for that purpose."

 

 

The motion prevailed and the amendment was adopted.

 

 

The Speaker called Abrams to the Chair.

 

 

Rukavina; Dill; Anderson, I.; Howes; Davids; Jaros; Wardlow; Ozment; Kuisle; Koenen; Swenson; Solberg; Fuller; Atkins; Sertich and Adolphson moved to amend H. F. No. 810, the third engrossment, as amended, as follows:

 

Page 29, delete section 29 and insert:

 

"Sec. 29. [STATE LAND LOCATED WITHIN THE BOUNDARY WATERS CANOE AREA WILDERNESS; EXCHANGE AND OTHER MATTERS.]


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3725

Subdivision 1. [EXCHANGE HISTORY.] In response to 1999 Memorial Resolution Number 3, signed by the governor of Minnesota on April 23, 1999, and thereafter directed by the secretary of state to the President and Congress of the United States and to Minnesota's congressional delegation, the Forest Service of the federal Department of Agriculture has indicated an interest in exchanging land owned by the federal government that is within the Superior National Forest but located outside the Boundary Waters Canoe Area Wilderness (BWCAW) for school grant land and other land owned by the state of Minnesota inside the BWCAW. This section is enacted to expedite that exchange of land.

 

Subd. 2. [DUTIES OF THE COMMISSIONER OF NATURAL RESOURCES.] (a) Before July 1, 2005, the commissioner of natural resources shall present to the land exchange board a proposal to exchange school grant land and other state-owned land located inside the BWCAW for federal land of substantially equal value located in the Superior National Forest that is outside the BWCAW. In appraising the lands proposed for exchange, the commissioner shall contract with land appraisers that have substantial experience in the appraisal of lakeshore and forest land located in Cook, Lake, and St. Louis counties and who are neither present nor past land appraisers of either the state or federal governments. Before submitting any land for exchange, the commissioner shall present the appraisals, together with the qualifications of the appraisers, to the commissioner of transportation and to the staff of the state investment board for their separate reviews and comments, which must be submitted to the commissioner of natural resources within 90 days after receipt of the request for review and comment.

 

(b) By June 1, 2004, the commissioner shall establish and place in effect a system of fees or other charges for the use of state-owned land inside the BWCAW that produces income for the permanent school fund in approximately the same amount as that earned on similar school and other forested trust lands located outside the BWCAW. The money collected shall be deposited in the permanent school fund.

 

Subd. 3. [DUTIES OF THE ATTORNEY GENERAL.] If, by July 1, 2005, the commissioner has been unable to reach an agreement with the federal government on the exchange of all of the state-owned land located within the BWCAW for federal land located in the Superior National Forest that is outside the BWCAW, or if the commissioner has not adopted a system of fees or other charges under subdivision 2, paragraph (b), the attorney general, after first informing the state executive council, shall commence inverse condemnation proceedings in federal court in regard to any state-owned land remaining in the BWCAW. The attorney general shall request that the state be compensated, to the greatest extent, with federal land of equal value located outside the BWCAW but within the Superior National Forest.

 

Subd. 4. [MANAGEMENT OF LANDS RECEIVED IN EXCHANGE.] Notwithstanding any other law to the contrary, lands received by the state in any exchange under this section must be managed in perpetuity to produce the maximum income for the permanent school fund.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment."

 

 

A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

Huntley raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Rukavina et al amendment was not in order. Speaker pro tempore Abrams ruled the point of order not well taken and the Rukavina et al amendment in order.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3726

The question recurred on the Rukavina et al amendment and the roll was called. There were 81 yeas and 49 nays as follows:

 

Those who voted in the affirmative were:

 


Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Blaine

Borrell

Boudreau

Bradley

Buesgens

Cornish

Davids

Demmer

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Erickson

Finstad

Fuller

Goodwin

Gunther

Haas

Hackbarth

Harder

Heidgerken

Hilty

Holberg

Hoppe

Howes

Jacobson

Jaros

Juhnke

Kielkucki

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olson, M.

Ozment

Pelowski

Penas

Powell

Pugh

Rukavina

Seagren

Seifert

Sertich

Severson

Simpson

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Walz

Wardlow

Westerberg

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Bernardy

Biernat

Brod

Carlson

Cox

Davnie

DeLaForest

Dempsey

Entenza

Erhardt

Gerlach

Greiling

Hausman

Hilstrom

Hornstein

Huntley

Johnson, J.

Johnson, S.

Kahn

Kelliher

Klinzing

Larson

Latz

Lenczewski

Lesch

Meslow

Mullery

Olsen, S.

Opatz

Osterman

Otto

Paulsen

Paymar

Peterson

Rhodes

Ruth

Samuelson

Sieben

Slawik

Thao

Thissen

Urdahl

Vandeveer

Wagenius

Wasiluk

Westrom

Wilkin


 

 

The motion prevailed and the amendment was adopted.

 

 

The Speaker resumed the Chair.

 

 

Abeler, Cox, Kelliher, Paymar, Huntley, Erhardt and Rhodes moved to amend H. F. No. 810, the third engrossment, as amended, as follows:

 

Page 1, after line 18, insert:

 

"Section 1. Minnesota Statutes 2002, section 84.523, is amended by adding a subdivision to read:

 

Subd. 6. [STATE OWNED LANDS.] Acquired lands owned by the state within the boundary waters canoe area defined in subdivision 1 are designated as state wilderness areas under section 86A.05, subdivision 6."

 

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 - 56th Day - Wednesday, May 14, 2003 - Top of Page 3727

H. F. No. 810, A bill for an act relating to state lands; modifying certain boundary waters canoe area provisions; providing for certain state land acquisition; modifying the Mississippi whitewater trail; modifying provisions of the outdoor recreation system; establishing a mineral coordinating committee; establishing boundaries for a proposed state park; adding to and deleting from state parks, state recreation areas, state forests, and wildlife management areas; authorizing public and private sales and conveyances of certain state lands; requiring certain land exchanges; modifying certain appropriations conditions; amending Minnesota Statutes 2002, sections 84.523, by adding a subdivision; 85.013, subdivision 1; 85.0156, subdivision 1; 86A.04; Laws 2001, First Special Session chapter 2, section 14, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 93.

 

 

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 81 yeas and 51 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Cornish

Cox

Davids

Demmer

Dill

Dorman

Dorn

Eastlund

Eken

Finstad

Fuller

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Juhnke

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Kuisle

Lanning

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Ozment

Penas

Powell

Pugh

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Simpson

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Walz

Wardlow

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abrams

Bernardy

Biernat

Buesgens

Carlson

Clark

Davnie

DeLaForest

Dempsey

Ellison

Entenza

Erhardt

Erickson

Gerlach

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, J.

Johnson, S.

Kahn

Kelliher

Krinkie

Larson

Latz

Lenczewski

Lesch

Mullery

Murphy

Opatz

Osterman

Otto

Paulsen

Paymar

Pelowski

Peterson

Rhodes

Sieben

Slawik

Smith

Thao

Thissen

Vandeveer

Wagenius

Walker

Wasiluk

Wilkin


 

 

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

 

 

S. F. No. 256, A bill for an act relating to crime prevention; making changes related to search warrants; amending Minnesota Statutes 2002, sections 626.11; 626.13.

 

 

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


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3728

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 4 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Goodwin

Greiling

Gunther

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

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Olsen, S.

Olson, M.

Opatz

Osterman

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Borrell

Gerlach

Kielkucki

Krinkie


 

 

The bill was passed and its title agreed to.

 

 

FISCAL CALENDAR

 

 

Pursuant to rule 1.22, Abrams requested immediate consideration of H. F. No. 1469.

 

 

H. F. No. 1469 was reported to the House.

 

 

Kuisle; Anderson, I., and Abrams moved to amend H. F. No. 1469, the first engrossment, as follows:

 

Page 4, line 28, before "The" insert "Subdivision 1. [AUTHORITY TO ESTABLISH.]"

 

Page 4, after line 35, insert:

 

"Subd. 2. [FOREIGN TRADE ZONE.] Koochiching county or any city, town, or other political subdivision located in Koochiching county may apply to the board defined in United States Code, title 19, section 81a, for the right to use the powers provided in United States Code, title 19, sections 81a and 81u. If the right is granted the city,


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3729

town, or other political subdivision may use the powers within or outside of a port district. The county, a city, town, or other political subdivision may apply jointly with any other city, town, or political subdivision located in Koochiching county."

 

Page 5, delete section 12

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

Rukavina moved to amend H. F. No. 1469, the first engrossment, as amended, as follows:

 

Page 1, delete section 1

 

Page 18, after line 10, insert:

 

"Sec. 34. [SOUTHERN ST. LOUIS COUNTY SPECIAL TAXING DISTRICT; CHRIS JENSEN NURSING HOME.]

 

Subdivision 1. [ESTABLISHED.] The Southern St. Louis County Special Taxing District for purposes of the Chris Jensen Nursing Home is established.

 

Subd. 2. [AREA.] The district in subdivision 1 includes all that part of St. Louis county comprising the cities of Duluth, Proctor, Hermantown, Brookston, Floodwood, and Meadowlands, and the townships of Alborn, Alden, Arrowhead, Brevator, Canosia, Culver, Duluth, Elmer, Fine Lakes, Floodwood, Fredenberg, Gensen, Grand Lake, Halden, Industrial, Lakewood, Meadowlands, Midway, Ness, New Independence, Normanna, Northland, North Star, Pequaywan, Prairie Lake, Rice Lake, Solway, Stoney Brook, and Van Buren, and unorganized congressional townships of 52-21, 50-19, 53-16, 53-15, and 53-14.

 

Subd. 3. [PURPOSE.] The district established in subdivision 1 is established to operate, maintain, and improve the Chris Jensen Nursing Home.

 

Subd. 4. [LEVY AUTHORITY.] The district established under subdivision 1 is a public corporation and political subdivision of the state with all the powers, rights, privileges, immunities, and duties that may be validly granted to or imposed on a municipal corporation as provided in this section, and a special taxing district as defined by Minnesota Statutes, section 275.066, clause (24), with the power to adopt and certify a property tax levy to the county auditor. The maximum allowable annual levy for this special taxing district is $1,000,000 in the first levy and $750,000 each levy thereafter.

 

Subd. 5. [MEMBERS AND SELECTION.] The nursing home board shall be composed of nine members selected as follows:

 

(a) The mayor of the city of Duluth shall select three members and shall designate the term of each such member in accordance with subdivision 6, subject to approval of the Duluth city council.

 

(b) The St. Louis county board shall select three members and shall designate the term of each such member in accordance with subdivision 6.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3730

(c) The mayor of the city of Hermantown shall select one member subject to approval of the Hermantown city council.

 

(d) The mayor of the city of Proctor shall select one member subject to approval of the Proctor city council.

 

(e) The South St. Louis county township officers shall select one member.

 

Subd. 6. [TERMS OF OFFICE.] The terms of the first board members shall expire on December 31 in the following calendar years: the three members selected by the city of Duluth shall serve staggered terms with one term expiring on December 31, 2004, one expiring on December 31, 2005, and one expiring on December 31, 2006, as determined by the appointing authority; the three members selected by St. Louis county shall serve staggered terms with one term expiring on December 31, 2004, one expiring on December 31, 2005, and one expiring on December 31, 2006, as determined by the appointing authority; the member selected by the township officers shall serve a one-year term expiring on December 31, 2004; the member selected by the city of Hermantown shall serve a two-year term expiring on December 31, 2005; and the member selected by the city of Proctor shall serve a three-year term expiring on December 31, 2006. Succeeding terms of all board members shall be three years, except that each member shall serve until a successor has been duly selected and qualified.

 

Subd. 7. [PROPERTY.] All assets, liabilities, employees, and property of the Chris Jensen Nursing Home shall be transferred to the nursing home board from St. Louis county on the first day of the year after the formation of the nursing home board, but no later than January 1, 2005.

 

Subd. 8. [ORGANIZATION AND OPERATION OF THE BOARD.] The nursing home board shall elect officers and establish bylaws at its first meeting.

 

Subd. 9. [EFFECTIVE DATE; LOCAL APPROVAL.] This section is effective the day after the governing body of St. Louis county and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

If effective before September 1, 2003, the first levy is the payable 2004 levy; if effective between September 1, 2003 and September 1, 2004, the first levy is the payable 2005 levy; if effective after August 31, 2004, the first levy is the payable 2006 levy."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

Hilstrom, Walker, Sieben, Bernardy and Hornstein offered an amendment to H. F. No. 1469, the first engrossment, as amended.

 

 

POINT OF ORDER

 

Seifert raised a point of order pursuant to rule 3.21 that the Hilstrom et al amendment was not in order. The Speaker ruled the point of order well taken and the Hilstrom et al amendment out of order.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3731

Krinkie, Powell, Buesgens, Holberg, Walz and Lipman moved to amend H. F. No. 1469, the first engrossment, as amended, as follows:

 

Pages 2 and 3, delete section 4

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Krinkie et al amendment and the roll was called. There were 62 yeas and 67 nays as follows:

 

Those who voted in the affirmative were:

 


Adolphson

Anderson, B.

Anderson, J.

Beard

Blaine

Borrell

Buesgens

Davids

Davnie

DeLaForest

Dempsey

Dorman

Dorn

Eastlund

Erickson

Fuller

Gerlach

Greiling

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kahn

Kielkucki

Klinzing

Kohls

Krinkie

Lindgren

Lindner

Lipman

Mahoney

Mariani

Nornes

Olsen, S.

Olson, M.

Otto

Paulsen

Paymar

Penas

Powell

Rukavina

Seifert

Simpson

Slawik

Soderstrom

Swenson

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Bernardy

Biernat

Boudreau

Bradley

Brod

Carlson

Clark

Cornish

Cox

Demmer

Dill

Eken

Entenza

Erhardt

Finstad

Goodwin

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kelliher

Knoblach

Koenen

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Opatz

Osterman

Ozment

Pelowski

Peterson

Pugh

Rhodes

Ruth

Samuelson

Sertich

Severson

Sieben

Smith

Solberg

Stang

Sykora

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

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

 

 

Abrams moved to amend H. F. No. 1469, the first engrossment, as amended, as follows:

 

Page 2, delete lines 3 to 5


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3732

Renumber the sections in sequence and correct the internal cross references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

H. F. No. 1469, A bill for an act relating to public finance; providing for public finance instrumentalities and instruments; authorizing, validating, expanding, limiting, and clarifying public financing and economic development structures, instruments, and procedures for local public entities; amending Minnesota Statutes 2002, sections 373.45, subdivision 1; 373.47, subdivision 1; 376.009; 376.55, subdivision 3, by adding a subdivision; 376.56, subdivision 3; 469.103, subdivision 2; 469.1813, subdivision 8; 473.39, by adding a subdivision; 473.898, subdivision 3; 474A.061, subdivision 1; 475.58, subdivision 3b; Laws 1967, chapter 558, section 1, subdivision 5, as amended; Laws 1989, chapter 211, section 8, subdivision 2, as amended; Laws 1989, chapter 211, section 8, subdivision 4, as amended; proposing coding for new law in Minnesota Statutes, chapter 469.

 

 

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 12 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Opatz

Osterman

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Buesgens

Erickson

Holberg

Kielkucki

Kohls

Krinkie

Lindner

Lipman

Olson, M.

Otto

Smith

Vandeveer


 

 

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


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3733

The Speaker called Paulsen to the Chair.

 

 

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

 

 

CALENDAR FOR THE DAY, Continued

 

 

Anderson, B., was excused for the remainder of today's session.

 

 

H. F. No. 1006 was reported to the House.

 

 

Hilty moved to amend H. F. No. 1006, the fourth engrossment, as follows:

 

Page 26, after line 32, insert:

 

"Sec. 40. [206.79] [LEGISLATIVE APPROVAL REQUIRED.]

 

Except as otherwise provided by section 206.81, the secretary of state must not implement any new statewide system used to: cast and count votes; or maintain or produce any audit trail information until the secretary is specifically authorized to take the action by a law enacted after the effective date of this act."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Hilty amendment and the roll was called. There were 55 yeas and 76 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Olson, M.

Opatz

Otto

Paymar

Pelowski

Peterson

Rhodes

Rukavina

Seagren

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dorman


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3734

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Kohls

Krinkie

Kuisle

Lanning

Lindgren

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Osterman

Ozment

Paulsen

Penas

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

The Speaker resumed the Chair.

 

 

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

 

 

Kahn, Hilty, Ellison and Thissen moved to amend H. F. No. 1006, the fourth engrossment, as follows:

 

Page 5, line 23, after "that" insert "(1)"

 

Page 5, line 24, after "vote" insert "because of death, being under guardianship of the person, being adjudged legally incompetent, or having a felony conviction for which civil rights have not been restored"

 

Page 5, line 25, after "voters" insert "; and (2) notifies registrants before they are removed for a reason other than death"

 

 

POINT OF ORDER

 

Kahn raised a point of order pursuant to rule 2.40 relating to Admittance to the Floor. The Speaker ruled the point of order not well taken.

 

 

The question recurred on the Kahn et al amendment to H. F. No. 1006, the fourth engrossment. The motion did not prevail and the amendment was not adopted.

 

 

Hilty moved to amend H. F. No. 1006, the fourth engrossment, as follows:

 

Page 26, after line 24, insert:

 

"Sec. 39. Minnesota Statutes 2002, section 206.57, is amended by adding a subdivision to read:

 

Subd. 1a. [SYSTEM REQUIREMENTS.] Any voting system approved for implementation in any precinct in Minnesota on more than a limited, experimental basis must, if it does not require a voter to directly mark on a ballot, produce, at the time the voter votes a ballot, a paper version or representation of the voted ballot. The paper version, after being verified by the voter as being what the voter intended, shall be retained by the election officials for use in any required recount. Additionally, the secretary of state must establish rules for implementing, in every general election, a system of verification of the accuracy of electronically tabulated results by means of a manual recount of randomly selected precincts across the state."


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3735

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Hilty amendment and the roll was called. There were 51 yeas and 79 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Kuisle

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Opatz

Otto

Paymar

Peterson

Rukavina

Seagren

Sertich

Sieben

Thao

Thissen

Vandeveer

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Kohls

Krinkie

Lanning

Lindgren

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Osterman

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Kahn, Hilty and Ellison moved to amend H. F. No. 1006, the fourth engrossment, as follows:

 

Page 18, line 29, reinstate the stricken "and"

 

Page 18, lines 29 to 31, delete the new language

 

 

A roll call was requested and properly seconded.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3736

The question was taken on the Kahn et al amendment and the roll was called. There were 43 yeas and 87 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Latz

Lesch

Lieder

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Otto

Paymar

Peterson

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Larson

Lenczewski

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Hilty moved to amend H. F. No. 1006, the fourth engrossment, as follows:

 

Page 28, after line 9, insert:

 

"Sec. 42. [REPORT.]

 

The secretary of state must send a copy of the report required by section 258 of the Help America Vote Act, Public Law 107-252, to the chairs of the finance committees in the house of representatives and the senate having jurisdiction over the budget of the office of the secretary of state."

 

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 - 56th Day - Wednesday, May 14, 2003 - Top of Page 3737

Kahn, Hilty, Ellison and Thissen moved to amend H. F. No. 1006, the fourth engrossment, as amended, as follows:

 

Page 5, line 23, after "that" insert "(1)"

 

Page 5, line 24, after "vote" insert "because of death, being under guardianship of the person, being adjudged legally incompetent, or having a felony conviction for which civil rights have not been restored"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Kahn et al amendment and the roll was called. There were 47 yeas and 83 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Opatz

Otto

Paymar

Peterson

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Larson

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Osterman

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Hilty moved to amend H. F. No. 1006, the fourth engrossment, as amended, as follows:

 

Page 24, after line 22, insert:

 

"Sec. 35. Minnesota Statutes 2002, section 204B.19, subdivision 1, is amended to read:


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3738

Subdivision 1. [INDIVIDUALS QUALIFIED TO BE ELECTION JUDGES.] Except as provided in subdivision 6, any individual who is eligible to vote in an election precinct is qualified to be appointed as an election judge for that precinct subject to this section and, while serving as an election judge, is deemed to be a notary public for purposes of dealing with complaints under P.L. 107-252, section 402(a)(2). If the files of the appointing authority do not contain sufficient voters within a precinct who are qualified and willing to serve as election judges, election judges may be appointed who reside in another precinct in the same municipality, or for school district elections, in the same school district, whether or not the precinct where they reside is in the same county as the precinct where they will serve. If there are not sufficient voters within the municipality or school district who are qualified and willing to serve as election judges, election judges may be appointed who reside in the county where the precinct is located."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Hilty amendment and the roll was called. There were 48 yeas and 82 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Cox

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Latz

Lesch

Lieder

Lipman

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Ozment

Paymar

Peterson

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Davids

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Larson

Lenczewski

Lindgren

Lindner

Magnus

Marquart

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otto

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3739

H. F. No. 1006, A bill for an act relating to elections; providing for conformity with the federal Help America Vote Act; creating a complaint process; requiring a report; imposing a penalty; appropriating money; amending Minnesota Statutes 2002, sections 201.021; 201.022; 201.061, subdivisions 1, 3, by adding subdivisions; 201.071, subdivisions 1, 3, by adding subdivisions; 201.091, subdivisions 1, 4, 5, by adding a subdivision; 201.121, subdivision 1; 201.13, subdivision 1; 201.15; 201.155; 201.161; 201.171; 201.221, subdivisions 2, 3; 203B.06, subdivision 4; 203B.08, subdivision 3; 203B.12, subdivision 2; 203B.16, by adding a subdivision; 203B.17; 203B.19; 203B.24, subdivision 2; 203B.26; 204B.47; 204C.10; 206.57, by adding subdivisions; 206.81; proposing coding for new law in Minnesota Statutes, chapters 5; 200; 201; 204C.

 

 

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 83 yeas and 47 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Larson

Lenczewski

Lindgren

Lindner

Lipman

Magnus

Marquart

McNamara

Meslow

Nelson, C.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otto

Ozment

Paulsen

Pelowski

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Vandeveer

Walz

Wardlow

Wasiluk

Westerberg

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Latz

Lesch

Lieder

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Paymar

Peterson

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Urdahl

Wagenius

Walker

Westrom


 

 

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

 

 

H. F. No. 831, A bill for an act relating to unemployment insurance; modifying provisions to increase the solvency of the trust fund; making policy and technical changes; amending Minnesota Statutes 2002, sections 268.035, subdivisions 15, 23; 268.044, subdivision 1, by adding a subdivision; 268.051, subdivisions 1, 2, 3, 5, 6, by adding a subdivision; 268.052, subdivision 1; 268.057, subdivision 5; 268.067; 268.07, subdivision 2; 268.085, subdivision 3; 268.086, subdivision 2; 268.095, subdivisions 1, 2, 6, 11; 268.105, subdivision 7; 268.18, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Rules, part 3315.1015, subpart 4.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3740

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:

 


Abeler

Abrams

Adolphson

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed 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

 

 

Thissen moved that his name be stricken as an author on H. F. No. 575. The motion prevailed.

 

 

Olson, M., introduced:

 

House Concurrent Resolution No. 5, A House concurrent resolution establishing a foundation and basis for financial targets to ensure that conference committees can accelerate their negotiations for an agreement between the Senate and the House of Representatives on the state budget for fiscal biennium 2004-2005.

 

 

MOTION TO SUSPEND RULES

 

Olson, M., moved that the rules be so far suspended that House Concurrent Resolution No. 5 be now considered and be placed upon its adoption. The motion did not prevail.

 

 

House Concurrent Resolution No. 5 was referred to the Committee on Ways and Means.


Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3741

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 1:30 p.m., Thursday, May 15, 2003. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 1:30 p.m., Thursday, May 15, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives



Journal of the House - 56th Day - Wednesday, May 14, 2003 - Top of Page 3742