Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 45

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2003

 

_____________________

 

FOURTH DAY

 

Saint Paul, Minnesota, Thursday, January 16, 2003

004

 

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 Rabbi Nacham Wilhelm, Lubavitch Yeshiva, 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, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Holsten

Hoppe

Hornstein

Howes

Huntley

Jacobson

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Opatz

Osterman

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stanek

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum


 

A quorum was present.

 

Clark; Erhardt; Johnson, J.; Latz; Lipman and Olson, M., were excused.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Severson 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 - 4th Day - Thursday, January 16, 2003 - Top of Page 46

REPORTS OF STANDING COMMITTEES

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 1, A bill for an act relating to public safety; regulating information on drivers' licenses, permits, and identification cards, and applications for them; adopting certain federal laws and regulations; making technical and clarifying changes; amending Minnesota Statutes 2002, sections 171.06, subdivision 3; 171.07, subdivisions 1, 3; 171.14; 171.22, subdivision 2; 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171.

 

Reported the same back with the following amendments:

 

Page 2, line 18, delete everything after the second comma

 

Page 2, line 19, delete "or town"

 

Page 2, line 22, delete everything after the period

 

Page 2, delete lines 23 to 26

 

Page 3, line 15, after "residency" insert "in the United States"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

The report was adopted.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Knoblach introduced:

 

H. F. No. 74, A bill for an act relating to state government; appropriating money and reducing appropriations for educational, health, human services, corrections, economic development, transportation, public safety, environmental, natural resources, agricultural, and state government purposes; establishing and modifying certain programs; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; providing for the payment of certain refunds; amending Minnesota Statutes 2002, sections 16A.17, by adding a subdivision; 16B.47; 16B.48, subdivision 2; 16B.49; 16C.08, subdivisions 2, 3; 16C.09; 116P.05, subdivision 2; 116P.09, subdivisions 4, 5, 7; 116P.10; 116P.14, subdivision 2; 124D.135, subdivision 8; 124D.16, subdivision 6; 124D.20, by adding subdivisions; 136A.121, subdivision 7; 256.9657, subdivision 1; 256.969, subdivision 3a; 256B.0625, subdivision 13; 256B.19, subdivision 1d; 256B.195, subdivision 4; 256B.32, subdivision 1; 256B.431, subdivision 23, by adding a subdivision; 256B.75; 268.186; 289A.50, subdivision 2a; 289A.56, subdivision 4; 297A.75, subdivisions 2, 4; 297F.10, subdivision 1; Laws 2002, chapter 220, article 13, section 9, subdivision 2, as amended; repealing Minnesota Statutes 2002, sections 1.31; 16B.50; 16C.07; 43A.047; 115A.908, subdivision 2; 116P.13; 256.973; 256B.195, subdivision 5.

 

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


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 47

Johnson, J.; Sviggum; Opatz; Kohls; Lenczewski; Paulsen; Lipman; Beard; Finstad; Seifert; Kielkucki; Ruth; Jacobson; Nelson, C.; DeLaForest; Swenson; Holberg; Krinkie; Sykora; Buesgens; Wardlow; Urdahl; Lindgren; Cornish; Meslow; Demmer; Adolphson; Klinzing; Gerlach; Nelson, P.; Strachan; Heidgerken; Borrell; Bradley and Wilkin introduced:

 

H. F. No. 75, A bill for an act relating to civil action; regulating the apportionment of joint and several liability; amending Minnesota Statutes 2002, section 604.02, subdivision 1.

 

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

 

 

Davids and Larson introduced:

 

H. F. No. 76, A bill for an act relating to insurance; prohibiting credit scoring for automobile and homeowner's insurance; amending Minnesota Statutes 2002, section 72A.20, subdivision 36.

 

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

 

 

Opatz, Stang and Dorn introduced:

 

H. F. No. 77, A bill for an act relating to higher education; changing requirements for tuition reciprocity; amending Minnesota Statutes 2002, section 136A.08, subdivision 2.

 

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

 

 

Kahn and Walker introduced:

 

H. F. No. 78, A bill for an act relating to alcoholic beverage excise taxation; providing a separate excise tax for dairy mixed cocktails; amending Minnesota Statutes 2002, sections 297G.01, by adding a subdivision; 297G.03, subdivision 1.

 

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

 

 

Stang introduced:

 

H. F. No. 79, A bill for an act relating to highways; directing commissioner of transportation to install traffic control signal in city of Cold Spring; appropriating money.

 

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

 

 

Stang introduced:

 

H. F. No. 80, A bill for an act relating to agriculture; exempting certain farm labor housing from regulation as manufactured home park; amending Minnesota Statutes 2002, section 327.23, subdivision 2.

 

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


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 48

Jacobson, Vandeveer and Meslow introduced:

 

H. F. No. 81, A bill for an act relating to highways; directing the commissioner of transportation to proceed with reconstruction of I-35E and I-694 interchange.

 

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

 

 

Abeler, Penas, Carlson, Greiling and Olsen, S., introduced:

 

H. F. No. 82, A bill for an act relating to education finance; making the levy for career and technical programs permanent; amending Minnesota Statutes 2002, section 126C.457.

 

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

 

 

Buesgens, Sviggum and Eastlund introduced:

 

H. F. No. 83, A bill for an act relating to local government; prohibiting local governments from hiring lobbyists; proposing coding for new law in Minnesota Statutes, chapter 465.

 

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

 

 

Opatz introduced:

 

H. F. No. 84, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing sale of state bonds; appropriating money.

 

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

 

 

Opatz introduced:

 

H. F. No. 85, A bill for an act relating to capital improvements; appropriating money for a facility at St. Cloud State University.

 

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

 

 

Marquart introduced:

 

H. F. No. 86, A bill for an act relating to health; establishing the senior citizen health benefit fund; modifying the  use of funds in the medical education endowment and the tobacco prevention and local public health endowment; expanding eligibility for the prescription drug program; requiring recommendations for providing prescription drug assistance to senior citizens; appropriating money; amending Minnesota Statutes 2002, sections 62J.694, subdivision 2; 144.395, subdivision 2; 256.955, subdivision 2a; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

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


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 49

Howes, Pelowski, Lieder and Davids introduced:

 

H. F. No. 87, A bill for an act relating to highways; holding owner and operator of overweight implement of husbandry liable for damage to roads and bridges; amending Minnesota Statutes 2002, section 169.801, by adding a subdivision.

 

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

 

 

Solberg; Rukavina; Huntley; Anderson, I., and Marquart introduced:

 

H. F. No. 88, A bill for an act relating to higher education; restoring funds to the post-secondary work study and child care grant programs; appropriating money.

 

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

 

 

Rukavina and Anderson, I., introduced:

 

H. F. No. 89, A bill for an act relating to capital improvements; providing for science laboratories and other facilities at the Northeast Higher Education District-Virginia; appropriating money.

 

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

 

 

Rukavina, Mahoney and Sertich introduced:

 

H. F. No. 90, A bill for an act relating to unemployment insurance; modifying deductibility of pensions; amending Minnesota Statutes 2002, section 268.085, subdivisions 3, 4.

 

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

 

 

Rukavina, Smith and Sertich introduced:

 

H. F. No. 91, A bill for an act relating to retirement; providing benefit increases for retired Eveleth police officers and firefighters and their surviving spouses.

 

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

 

 

Hausman, Greiling and Slawik introduced:

 

H. F. No. 92, A bill for an act relating to elections; making it easier to vote by absentee ballot; prohibiting certain activities; providing for rules; providing for delivery of official supplemental ballots to voters on request; amending Minnesota Statutes 2002, sections 203B.02; subdivision 1; 203B.04, subdivisions 1, 4; 203B.06, subdivision 3; 203B.07, subdivision 2; 204B.41; proposing coding for new law in Minnesota Statutes, chapter 203B.

 

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


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 50

Lesch; Paymar; Mariani; Johnson, S., and Hausman introduced:

 

H. F. No. 93, A bill for an act relating to the city of St. Paul; making technical changes to the civic center authority powers and duties; amending Laws 1967, chapter 459, section 8, subdivisions 1, 3, 4, as amended.

 

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

 

 

Seifert and Pelowski introduced:

 

H. F. No. 94, A bill for an act relating to the state agricultural society; eliminating a prohibition on circuses around state fair time; repealing Minnesota Statutes 2002, section 37.26.

 

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

 

 

Seifert and Pelowski introduced:

 

H. F. No. 95, A bill for an act relating to commerce; eliminating an archaic prohibition on misrepresenting the size of certain items; repealing Minnesota Statutes 2002, section 325F.38.

 

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

 

 

Stanek; Strachan; Meslow; Murphy; Cornish; Smith; Walz; Lipman; Blaine; Hilstrom; Johnson, S.; Hilty; Ellison and Eastlund introduced:

 

H. F. No. 96, A bill for an act relating to law enforcement; modifying the policy for reimbursing public employers for certain officer and firefighter health insurance benefits; requiring the commissioner of public safety to reimburse certain claims from other available funds; amending Minnesota Statutes 2002, sections 299A.42; 299A.465, subdivision 4.

 

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

 

 

Stanek; Bernardy; Meslow; Rhodes; Entenza; Strachan; Murphy; Johnson, S.; Hilstrom; Hilty; Thao; Ellison and Cox introduced:

 

H. F. No. 97, A bill for an act relating to crimes; reducing from 0.10 to 0.08 the per se alcohol concentration level for impairment offenses involving driving a motor vehicle, criminal vehicular homicide and injury, operating recreational vehicles or watercraft, hunting, or operating military vehicles while impaired; amending Minnesota Statutes 2002, sections 97B.065, subdivision 1; 97B.066, subdivision 1; 169A.20, subdivision 1; 169A.51, subdivision 1; 169A.52, subdivisions 2, 4, 7; 169A.53, subdivision 3; 169A.54, subdivision 7; 169A.76; 192A.555; 609.21.

 

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


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 51

Opatz introduced:

 

H. F. No. 98, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the St. Cloud Civic Center.

 

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

 

 

Opatz introduced:

 

H. F. No. 99, A bill for an act relating to education; requiring projections of high school graduates; amending Minnesota Statutes 2002, section 127A.05, by adding a subdivision.

 

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

 

 

Hausman, Marquart, Kelliher, Lieder, Entenza, Juhnke, Solberg and Sertich introduced:

 

H. F. No. 100, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; requiring certain studies and reports; authorizing sale of state bonds; appropriating money.

 

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

 

 

Mariani, Hausman and Entenza introduced:

 

H. F. No. 101, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for the Paul and Sheila Wellstone center for community building.

 

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

 

 

Rukavina, Clark, Mullery, Mahoney, Entenza, Juhnke and Sertich introduced:

 

H. F. No. 102, A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 2002, section 177.24, subdivision 1.

 

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

 

 

Larson, Murphy, Rukavina, Opatz, Entenza, Mullery and Sertich introduced:

 

H. F. No. 103, A bill for an act relating to unemployment insurance; providing for a benefit extension.

 

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


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 52

Juhnke introduced:

 

H. F. No. 104, A bill for an act relating to motor vehicles; providing tax exemptions for emergency medical service vehicles; amending Minnesota Statutes 2002, sections 168.012, subdivision 1; 297B.03.

 

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

 

 

Paymar introduced:

 

H. F. No. 105, A bill for an act relating to health occupations; requiring the commissioner of health to license denturists; permitting the practice of denturism in this state; establishing licensure and examination requirements; establishing a denture technology advisory council; creating fees; authorizing rulemaking; providing a penalty; amending Minnesota Statutes 2002, sections 116J.70, subdivision 2a; 144.335, subdivision 1; 150A.05, subdivision 2; 319B.40; proposing coding for new law as Minnesota Statutes, chapter 150B.

 

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

 

 

Wilkin and Smith introduced:

 

H. F. No. 106, A bill for an act relating to state government; making permanent the requirement that certain litigation and settlement proceeds be deposited in the general fund; repealing Minnesota Statutes 2002, section 16A.151, subdivision 5.

 

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

 

 

Kahn and Thao introduced:

 

H. F. No. 107, A bill for an act relating to marriage; eliminating the prohibition on marriage between first cousins; amending Minnesota Statutes 2002, section 517.03, subdivision 1.

 

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

 

 

Opatz, Sviggum, Lenczewski and Marquart introduced:

 

H. F. No. 108, A bill for an act relating to civil action; regulating the apportionment of joint and several liability; amending Minnesota Statutes 2002, section 604.02, subdivision 1.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

Magnus moved that the names of Marquart and Erickson be added as authors on H. F. No. 3. The motion prevailed.

 

Bradley moved that the name of Penas be added as an author on H. F. No. 5. The motion prevailed.


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 53

Anderson, B., moved that the names of Dempsey; Nelson, P.; Tingelstad; DeLaForest and Hoppe be added as authors on H. F. No. 6. The motion prevailed.

 

Seifert moved that the names of Lipman; Anderson, B., and Olsen, S., be added as authors on H. F. No. 8. The motion prevailed.

 

Mullery moved that the names of Clark and Ellison be added as authors on H. F. No. 13. The motion prevailed.

 

Kuisle moved that the names of Brod, Finstad, Westerberg and Vandeveer be added as authors on H. F. No. 18. The motion prevailed.

 

Mullery moved that the name of Clark be added as an author on H. F. No. 19. The motion prevailed.

 

Mullery moved that the name of Clark be added as an author on H. F. No. 20. The motion prevailed.

 

Mullery moved that the name of Clark be added as an author on H. F. No. 25. The motion prevailed.

 

Anderson, I., moved that the names of Dill and Juhnke be added as authors on H. F. No. 27. The motion prevailed.

 

Mullery moved that the name of Clark be added as an author on H. F. No. 28. The motion prevailed.

 

Mullery moved that the name of Hilstrom be added as an author on H. F. No. 33. The motion prevailed.

 

Anderson, I., moved that the name of Dill be added as an author on H. F. No. 35. The motion prevailed.

 

Beard moved that the name of Anderson, B., be added as an author on H. F. No. 37. The motion prevailed.

 

Mullery moved that the name of Clark be added as an author on H. F. No. 48. The motion prevailed.

 

Davids moved that the names of Westerberg, Larson and Nornes be added as authors on H. F. No. 51. The motion prevailed.

 

Davids moved that the names of Larson and Mahoney be added as authors on H. F. No. 52. The motion prevailed.

 

Slawik moved that the names of Hilstrom and Lesch be added as authors on H. F. No. 54. The motion prevailed.

 

Paymar moved that the names of Hilstrom and Lesch be added as authors on H. F. No. 56. The motion prevailed.

 

Seifert moved that the names of Erickson and Wilkin be added as authors on H. F. No. 64. The motion prevailed.

 

Kahn moved that the name of Sieben be added as an author on H. F. No. 65. The motion prevailed.


Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 54

Kahn moved that the names of Johnson, S.; Clark and Lesch be added as authors on H. F. No. 66. The motion prevailed.

 

Kahn moved that the name of Clark be added as an author on H. F. No. 71. The motion prevailed.

 

 

Knoblach introduced:

 

House Resolution No. 1, A House resolution setting the requirements for adjustments to general fund expenditures for the biennium ending June 30, 2003.


 

The resolution was referred to the Committee on Ways and Means.

 

 

Ellison, Walker, Mariani, Hornstein, Thao and Rhodes introduced:

 


House Resolution No. 2, A House resolution commemorating the life and work of Dr. Martin Luther King, Jr.


 

 

SUSPENSION OF RULES

 

Ellison moved that the rules be so far suspended that House Resolution No. 2 be now considered and be placed upon its adoption. The motion prevailed.

 

 

HOUSE RESOLUTION NO. 2

 


A House resolution commemorating the life and work of Dr. Martin Luther King, Jr.

 

 

Whereas, the birthday of Dr. Martin Luther King, Jr. is January 15, 1929; and

 


Whereas, Dr. King accepted the mantle of leadership of the Montgomery bus boycott of 1955 to desegregate public transportation by leading a boycott which lasted over 381 days; and

 


Whereas, the Montgomery bus boycott inspired civil rights activity all over the United States, including the state of Minnesota, and this movement for civil and human rights has made our society freer, more democratic, and more inclusive; and

 


Whereas, Dr. King's life was devoted to the elimination of segregation and prejudice against all people; and

 


Whereas, achievements in human and civil rights were accomplished through his personal efforts and his example to others; and

 


Whereas, he sought to fulfill his goals exclusively by nonviolent means; and

 


Whereas, Dr. King's life was ended by assassination on April 4, 1968, in Memphis, Tennessee, where he was leading an effort for more just treatment of sanitation workers; and



Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 55

Whereas, the actions and efforts of Dr. Martin Luther King, Jr. have served as an inspiration to many; Now, Therefore,

 


Be It Resolved by the House of Representatives of the State of Minnesota that it honors the life and work of Dr. Martin Luther King, Jr. and the Civil Rights movement.

 

 

Ellison moved that House Resolution No. 2 be now adopted. The motion prevailed and House Resolution No. 2 was adopted.

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Tuesday, January 21, 2003. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Tuesday, January 21, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives



Journal of the House - 4th Day - Thursday, January 16, 2003 - Top of Page 46