Journal of the House - 5th Day - Tuesday, January 21, 2003

Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

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

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

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

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum

A quorum was present.

Dempsey; Erhardt; Kahn; Meslow; Olson, M., and Stanek were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Brod 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 - 5th Day - Tuesday, January 21, 2003 - Top of Page 58

REPORTS OF STANDING COMMITTEES

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

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

Reported the same back with the recommendation that the resolution be adopted.

The report was adopted.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Ruth; Harder; Osterman; Seagren; Marquart; Nornes; Swenson; Cox; Beard; Nelson, C.; Samuelson; Simpson; Erickson and Magnus introduced:

H. F. No. 109, 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.

Smith, Murphy, Stanek, Bradley, Boudreau, Nornes, Westrom, Rhodes, Strachan, Cornish, Adolphson, Cox, Urdahl, Kuisle, Gerlach, Westerberg, Erickson and Eastlund introduced:

H. F. No. 110, A bill for an act relating to family law; reforming and recodifying the law relating to marriage dissolution, child custody, child support, maintenance, and property division; making style and form changes; amending Minnesota Statutes 2002, sections 518.002; 518.003, subdivisions 1, 3; 518.005; 518.01; 518.02; 518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 518.09; 518.091; 518.10; 518.11; 518.12; 518.13; 518.131; 518.14, subdivision 1; 518.148; 518.155; 518.156; 518.157, subdivisions 1, 2, 3, 5, 6; 518.165; 518.166; 518.167, subdivisions 3, 4, 5; 518.168; 518.1705, subdivisions 2, 6, 7, 9; 518.175; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3; 518.1752; 518.176; 518.177; 518.178; 518.179, subdivision 1; 518.18; 518.191, subdivision 1; 518.195, subdivisions 2, 3; 518.24; 518.25; 518.27; 518.54, subdivisions 1, 5, 6, 7, 8; 518.55; 518.552; 518.58; 518.581; 518.582; 518.612; 518.619; 518.62; 518.64, subdivisions 1, 2; 518.641; 518.642; 518.646; 518.65; 518.68, subdivision 1; 519.11, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 518; proposing coding for new law as Minnesota Statutes, chapters 517A; 517B; 517C; repealing Minnesota Statutes 2002, sections 518.111; 518.14, subdivision 2; 518.17; 518.171, subdivisions 1, 2, 2a, 3, 4, 4a, 5, 6, 7, 8, 9, 10; 518.1752; 518.185; 518.255; 518.54, subdivisions 2, 4a, 13, 14; 518.55, subdivision 4; 518.551; 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 518.618; 518.6195; 518.6196; 518.62; 518.64, subdivisions 4, 4a, 5; 518.68, subdivisions 2, 3.

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

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Opatz, Stang and Knoblach introduced:

H. F. No. 111, A bill for an act relating to state lands; correcting a land description; amending Laws 1993, chapter 64, section 1, subdivision 3.

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

Pugh and Smith introduced:

H. F. No. 112, A bill for an act relating to real property; making various technical, clarifying, and conforming changes relating to registration of title, liens, and mortgages; amending Minnesota Statutes 2002, sections 481.13, subdivision 3; 508.08; 508.35; 508.52; 508.67, subdivision 1; 508.70, subdivisions 1, 2, by adding subdivisions; 559.17, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 507.

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

Hilstrom, Stanek and Nelson, M., introduced:

H. F. No. 113, A bill for an act relating to crimes; clarifying when seizure of a motor vehicle used to flee a peace officer occurs for purposes of the law; amending Minnesota Statutes 2002, section 609.5312, subdivision 4.

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

Stanek, Haas, Lindner, Hilstrom and Olsen, S., introduced:

H. F. No. 114, A bill for an act relating to highways; authorizing issuance of $30,000,000 in state trunk highway bonds for completion of a segment of marked trunk highway 610 as a four-lane freeway; appropriating money.

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

Paulsen, Sviggum, Pugh, Abrams, Entenza and Kelliher introduced:

H. F. No. 115, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 12; removing references to legislative days.

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

Goodwin; Hausman; Nelson, M., and Bernardy introduced:

H. F. No. 116, A bill for an act relating to railroads; appropriating money for the Northstar commuter rail line.

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

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Goodwin; Bernardy; Greiling; Wasiluk; Nelson, M.; Samuelson; Mariani and Hilty introduced:

H. F. No. 117, A bill for an act relating to employment; providing for elder care leave; amending Minnesota Statutes 2002, sections 181.9412; 181.9413.

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

Greiling introduced:

H. F. No. 118, A bill for an act relating to openness in government; expanding the legislative open meetings law to cover caucuses and conference committee negotiations; amending Minnesota Statutes 2002, section 3.055, subdivision 1.

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

Thao, Mullery, Lesch, Atkins, Mahoney and Ellison introduced:

H. F. No. 119, A bill for an act relating to marriage; providing alternate forms of marriage solemnization; amending Minnesota Statutes 2002, section 517.18.

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

Olsen, S.; DeLaForest; Dempsey; Nelson, M.; Adolphson; Hoppe and Nelson, C., introduced:

H. F. No. 120, A bill for an act relating to education; eliminating a duplicative requirement that a teacher file a certified copy of the teacher's teaching license with the employing school district; enabling a school district to verify the status of a teacher's license using the Minnesota education license system available on the department of children, families, and learning Web site; amending Minnesota Statutes 2002, section 122A.22.

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

Clark; Smith; Thao; Walker; Anderson, J.; Nelson, M.; Thissen and Mullery introduced:

H. F. No. 121, A bill for an act relating to crime prevention; creating a gross misdemeanor for assaulting a member of a community crime prevention group; amending Minnesota Statutes 2002, section 609.2231, by adding a subdivision.

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

Journal of the House - 5th Day - Tuesday, January 21, 2003 - Top of Page 61

Jaros, Sertich, Pugh, Kahn and Greiling introduced:

H. F. No. 122, A bill for an act relating to traffic regulations; requiring that mobile telephones used in motor vehicles be hands-free; providing a defense; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Opatz introduced:

H. F. No. 123, A bill for an act relating to transportation; appropriating money to the St. Cloud area planning organization for further development of the transportation component of the St. Cloud area joint planning district plan.

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

Rukavina and Sertich introduced:

H. F. No. 124, A bill for an act relating to natural resources; appropriating money for Mesabi Station on the Mesabi Trail.

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

Dempsey, Walz, Solberg and Davids introduced:

H. F. No. 125, A bill for an act relating to state government; extending the sunset date for the Mississippi river parkway commission; amending Minnesota Statutes 2002, section 161.1419, subdivision 8.

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

Jaros, Huntley and Murphy introduced:

H. F. No. 126, A bill for an act relating to sales and use tax; clarifying an exemption for a state convention center.

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

Carlson, Westerberg, Sieben, Seagren, Sykora, Lesch and Thao introduced:

H. F. No. 127, A resolution memorializing the President and Congress to carry through on their pledge to fund 40 percent of special education costs.

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

Journal of the House - 5th Day - Tuesday, January 21, 2003 - Top of Page 62

Greiling; Biernat; Johnson, S., and Slawik introduced:

H. F. No. 128, A bill for an act relating to elections; establishing a voluntary clean campaign council, a clean campaign pledge, and a clean campaign advertising code; clarifying definitions of campaign expenditures and independent expenditures; clarifying requirements for disclaimers on campaign material; amending Minnesota Statutes 2002, sections 10A.01, subdivisions 9, 18; 10A.14, subdivision 2; 10A.24, by adding a subdivision; 211B.04; proposing coding for new law in Minnesota Statutes, chapter 10A.

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

Kahn and Rhodes introduced:

H. F. No. 129, A bill for an act relating to elections; requiring an affidavit of candidacy to include the candidate's residence address; providing for rejection of an affidavit that indicates the candidate does not reside in the district from which election is sought; amending Minnesota Statutes 2002, section 204B.06, subdivision 1.

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

Clark; Ellison; Thao; Walker; Nelson, M.; Thissen and Mullery introduced:

H. F. No. 130, A bill for an act relating to crime prevention; establishing a pilot project to enhance community policing efforts; providing competitive grants to certain law enforcement agencies; appropriating money.

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

Opatz, Larson, Lenczewski and Marquart introduced:

H. F. No. 131, A bill for an act relating to state government; specifying a method of expenditure reporting by executive agencies; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Clark; Smith; Ellison; Thao; Walker; Nelson, M.; Thissen and Mullery introduced:

H. F. No. 132, A bill for an act relating to crime prevention; requiring law enforcement agencies and prosecuting authorities in cities of the first class to notify community crime prevention groups of the outcome of criminal proceedings; proposing coding for new law in Minnesota Statutes, chapter 611A.

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

Journal of the House - 5th Day - Tuesday, January 21, 2003 - Top of Page 63

Greiling, Biernat and Johnson, S., introduced:

H. F. No. 133, A bill for an act relating to elections; providing for "clean money" campaigns funded without special interest money; expanding certain definitions; requiring certain campaign finance reports to be filed and published electronically; requiring notice of independent expenditures; requiring reports of excess spending by candidates who do not agree to limit spending; reducing certain contribution limits and spending limits; limiting independent expenditures by political parties on behalf of their own candidates as a condition of receiving a public subsidy; imposing campaign contribution and spending limits on political party caucuses as a condition of receiving a public subsidy; limiting multicandidate expenditures by political parties; increasing public subsidies for candidates who agree to lower contribution limits; increasing spending limits and public subsidies to respond to independent expenditures and excess spending by nonparticipating candidates; repealing the income tax checkoff for election campaigns; increasing the maximum political contribution refund from $50 to $100; imposing criminal penalties; appropriating money; amending Minnesota Statutes 2002, sections 10A.01, subdivisions 9, 18, 21; 10A.02, subdivision 11a; 10A.14, subdivision 2; 10A.20, subdivisions 2, 6b, by adding subdivisions; 10A.25, subdivisions 1, 2, 2a, by adding subdivisions; 10A.257, subdivision 1; 10A.27, subdivisions 1, 11, by adding subdivisions; 10A.275, subdivision 1; 10A.28, subdivisions 1, 2; 10A.315; 10A.322; 200.02, by adding a subdivision; 290.06, subdivision 23; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2002, sections 10A.25, subdivision 6; 10A.31.

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

Sertich introduced:

H. F. No. 134, A bill for an act relating to insurance; requiring certain insurers to provide information on certain costs; proposing coding for new law in Minnesota Statutes, chapter 62D.

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

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

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

MOTIONS AND RESOLUTIONS

Stanek moved that the name of Erickson be added as an author on H. F. No. 1. The motion prevailed.

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

Lipman moved that the name of Borrell be added as an author on H. F. No. 9. The motion prevailed.

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Kuisle moved that the name of Abeler be added as an author on H. F. No. 18. The motion prevailed.

Lipman moved that the name of Borrell be added as an author on H. F. No. 42. The motion prevailed.

Haas moved that the name of Abeler be added as an author on H. F. No. 45. The motion prevailed.

Paymar moved that the name of Lesch be added as an author on H. F. No. 49. The motion prevailed.

Davids moved that the name of Mahoney be added as an author on H. F. No. 76. The motion prevailed.

Abeler moved that the names of Finstad, Severson, Nornes, McNamara, Brod, Harder and Hilstrom be added as authors on H. F. No. 82. The motion prevailed.

Buesgens moved that the names of Erickson and Wilkin be added as authors on H. F. No. 83. The motion prevailed.

Marquart moved that the name of Thissen be added as an author on H. F. No. 86. The motion prevailed.

Solberg moved that the names of Kahn, Kelliher and Carlson be added as authors on H. F. No. 88. The motion prevailed.

Hausman moved that the names of Kahn and Hilstrom be added as authors on H. F. No. 92. The motion prevailed.

Stanek moved that the name of Davids be added as an author on H. F. No. 96. The motion prevailed.

Larson moved that the names of Ellison and Hilstrom be added as authors on H. F. No. 103. The motion prevailed.

Wilkin moved that the names of Westerberg, Jacobson and DeLaForest be added as authors on H. F. No. 106. The motion prevailed.

Smith moved that the name of Ruth be added as an author on H. F. No. 110. The motion prevailed.

House Resolution No. 1 was reported to the House.

HOUSE RESOLUTION NO. 1

A House resolution setting the requirements for adjustments to general fund expenditures for the biennium ending June 30, 2003.

Be It Resolved by the House of Representatives of the State of Minnesota that net expenditures and transfers from the general fund must be decreased by a minimum of $468,200,000 for the biennium ending June 30, 2003, as compared to expenditures and transfers projected in the general fund forecast released December 4, 2002.

Knoblach moved that House Resolution No. 1 be now adopted.

Journal of the House - 5th Day - Tuesday, January 21, 2003 - Top of Page 65

A roll call was requested and properly seconded.

The question was taken on the Knoblach motion and the roll was called. There were 79 yeas and 47 nays as follows:

Those who voted in the affirmative were: