Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 171

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2003

 

_____________________

 

TENTH DAY

 

Saint Paul, Minnesota, Thursday, January 30, 2003

 

 

The House of Representatives convened at 3:00 p.m. and was called to order by Rich Stanek, Speaker pro tempore.

 

Prayer was offered by Pastor Tim Nelson, Living Waters Lutheran Church, Lino Lakes, 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

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

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

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum

 


 

A quorum was present.

 

Biernat was excused.

 

Swenson was excused until 4:15 p.m.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Anderson, J., 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 - 10th Day - Thursday, January 30, 2003 - Top of Page 172

The Speaker assumed the Chair.

 

 

REPORTS OF STANDING COMMITTEES

 

 

Smith from the Committee on Civil Law to which was referred:

 

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.

 

Reported the same back with the recommendation that the bill pass.

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. No. 75 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Paulsen; Pelowski; Tingelstad; Rhodes; Lenczewski; Johnson, J.; Kohls; Hoppe; Adolphson; Olsen, S.; Magnus; Jacobson; Westerberg; Vandeveer; Abeler; Erickson; Soderstrom; Kielkucki; Borrell; Boudreau; Sviggum; Gerlach; Wardlow; Klinzing; Abrams and Larson introduced:

 

H. F. No. 250, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing penalties; amending Minnesota Statutes 2002, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 3B.

 

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

 

 

Beard, Severson, Lieder, Borrell, Osterman, Juhnke, Knoblach, Brod, Cox, Atkins, Samuelson, Adolphson and Dill introduced:

 

H. F. No. 251, A bill for an act relating to state government; regulating the state airports fund; providing for the restoration of any money that may be transferred.

 

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


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 173

Larson, Thissen, Pugh, Wilkin and Lenczewski introduced:

 

H. F. No. 252, A bill for an act relating to the metropolitan airports commission; adding mayors to the commissioner membership; amending Minnesota Statutes 2002, sections 473.604, subdivision 1; 473.605, subdivision 2; 473.622; repealing Minnesota Statutes 2002, section 473.601, subdivisions 3, 6.

 

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

 

 

Johnson, J.; Osterman; Smith and Abrams introduced:

 

H. F. No. 253, A bill for an act relating to retirement; Plymouth volunteer firefighter's relief association; making various ancillary benefits subject to general law; amending Laws 1978, chapter 685, sections 1, as amended, 2, 3, 6; repealing Laws 1978, chapter 685, section 5.

 

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

 

 

Abrams, Davids, Kelliher, Solberg and Rhodes introduced:

 

H. F. No. 254, A bill for an act relating to capital improvements; appropriating money to construct a new Guthrie Theater; authorizing the sale of state bonds.

 

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

 

 

Dill, Murphy, Howes, Hackbarth, Simpson, Hoppe, Cornish, Penas, McNamara, Koenen, Peterson and Nelson, M., introduced:

 

H. F. No. 255, A bill for an act relating to natural resources; appropriating money to acquire snowmobile trail easements.

 

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

 

 

Beard, Lanning, Samuelson, Simpson, Marquart and Holberg introduced:

 

H. F. No. 256, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of a state; amending Minnesota Statutes 2002, section 297A.70, subdivisions 1, 2, 3.

 

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


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 174

Cox, Ozment, Sviggum, Clark, Wagenius, Heidgerken, Ruth, Erhardt, Hausman, McNamara, Tingelstad, Eastlund and Urdahl introduced:

 

H. F. No. 257, A bill for an act relating to water; restricting the use of phosphorus in dishwashers and detergents; amending Minnesota Statutes 2002, section 116.23.

 

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

 

 

Dorman, Kelliher, Ozment, Davids, Harder, Mahoney, Juhnke, Wagenius, Urdahl, Paulsen, Swenson and Brod introduced:

 

H. F. No. 258, A bill for an act relating to agriculture; prohibiting registration of certain fertilizers; amending Minnesota Statutes 2002, section 18C.401, by adding a subdivision.

 

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

 

 

Kuisle, Seagren, Holberg and Lieder introduced:

 

H. F. No. 259, A bill for an act relating to drivers' licenses; removing sunset provisions to allow certain school buses to continue to be operated by licensed child care providers and by holders of Class D drivers' licenses under limited conditions; amending Laws 2001, chapter 97, section 5.

 

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

 

 

Klinzing, Slawik and Lipman introduced:

 

H. F. No. 260, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the interchange project for highway I-94 at Century Avenue and McKnight Road in Ramsey county.

 

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

 

 

Boudreau; Smith; Holberg; Sviggum; Rukavina; Walz; Borrell; Severson; Dill; Urdahl; Ruth; Solberg; Demmer; Hackbarth; Olsen, S.; Gunther; Cornish; Magnus; Adolphson and Abeler introduced:

 

H. F. No. 261, A bill for an act relating to public safety; enacting the Minnesota Citizens' Personal Protection Act of 2003; recognizing the inherent right of law-abiding citizens to self-protection through the lawful use of self-defense; providing a system under which responsible, competent adults can exercise their right to self-protection by authorizing them to obtain a permit to carry a pistol; providing criminal penalties; appropriating money; amending Minnesota Statutes 2002, sections 609.66, subdivision 1d; 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 2002, section 624.714, subdivisions 1, 5.

 

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


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 175

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.

 

 

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 bill to be placed on the Calendar for the Day, for Thursday, January 30, 2003:

 

H. F. No. 1.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 1 was reported to the House.

 

 

Thissen moved to amend H. F. No. 1, the first engrossment, as follows:

 

Page 4, line 16, delete everything after "card" and insert ". The expiration data on the driver's license, permit, or identification card shall coincide with the expiration date of the lawful admission period on the federal primary document presented."

 

Page 4, delete lines 17 to 18 and 23 to 26

 

Page 4, line 29, delete "status check" and insert "expiration"

 

Page 5, line 2, delete "a status check" and insert "an expiration"

 

Page 5, delete lines 6 to 12

 

Page 9, delete lines 33 to 36

 

Page 10, delete lines 1 to 36

 

Page 11, delete lines 1 to 6

 

Page 11, line 11, after "applies" insert "pursuant to section 171.025, subdivision 11,"

 

Page 11, line 12, delete "status check" and insert "expiration"

 

Page 11, line 14, delete "status check" and insert "expiration" and delete "expires"


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 176

Page 11, line 17, delete "status check" and insert "expiration"

 

Page 11, line 18, after "card" insert "issued pursuant to section 171.025, subdivision 9(a)"

 

Page 11, delete lines 22 to 24

 

Page 11, after line 30, insert:

 

"Sec. 9. Minnesota Statutes 2002, section 171.27, is amended to read:

 

171.27 [EXPIRATION OF LICENSE.]

 

Except as provided in section 171.025, the expiration date for each driver's license, other than under-21 licenses, is the birthday of the driver in the fourth year following the date of issuance of the license. The birthday of the driver shall be as indicated on the application for a driver's license. A license may be renewed on or before expiration or within one year after expiration upon application, payment of the required fee, and passing the examination required of all drivers for renewal. Driving privileges shall be extended or renewed on or preceding the expiration date of an existing driver's license unless the commissioner believes that the licensee is no longer qualified as a driver.

 

The expiration date for each under-21 license shall be the 21st birthday of the licensee. Upon the licensee attaining the age of 21 and upon the application, payment of the required fee, and passing the examination required of all drivers for renewal, a driver's license shall be issued unless the commissioner determines that the licensee is no longer qualified as a driver.

 

The expiration date for each provisional license is two years after the date of application for the provisional license.

 

Any valid Minnesota driver's license issued to a person then or subsequently on active duty with the Armed Forces of the United States, or the person's spouse, shall continue in full force and effect without requirement for renewal until 90 days after the date of the person's discharge from such service, provided that a spouse's license must be renewed if the spouse is residing within the state at the time the license expires or within 90 days after the spouse returns to Minnesota and resides within the state."

 

Renumber the subdivisions and sections in sequence

 

Correct internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Thissen 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

Carlson

Clark

Davnie

Dill

Dorn

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 177

Johnson, S.

Juhnke

Kahn

Kelliher

Latz

Lesch

Lieder

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Otremba

Paymar

Pugh

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk

 


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Eken

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Koenen

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

Peterson

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Simpson

Smith

Soderstrom

Stanek

Stang

Strachan

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Spk. Sviggum

 


 

 

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

 

 

Stanek moved to amend H. F. No. 1, the first engrossment, as follows:

 

Page 4, lines 32 and 35, delete "Justice" and insert "Homeland Security"

 

Page 9, lines 28 and 31, delete "Justice" and insert "Homeland Security"

 

Page 10, line 19, delete "Justice" and insert "Homeland Security"

 

 

The motion prevailed and the amendment was adopted.

 

 

H. F. No. 1, as amended, was read for the third time.

 

 

There being no objection, the action whereby H. F. No. 1, as amended, was given its third reading was reconsidered.

 

 

The Speaker called Abrams to the Chair.

 

 

Rukavina and Stanek moved to amend H. F. No. 1, the first engrossment, as amended, as follows:

 

Page 11, lines 28 to 30, reinstate the stricken language

 

Page 11, line 28, after the reinstated "clause" insert "(4)," and after the reinstated "(7)" insert a comma

 

 

The motion prevailed and the amendment was adopted.

 

 

The Speaker resumed the Chair.


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 178

CALL OF THE HOUSE

 

On the motion of Seifert and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

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

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

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

 


 

 

Paulsen moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

 

 

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.

 

 

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 106 yeas and 25 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Hilstrom

Holberg

Hoppe

Howes

Huntley

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 179

Marquart

McNamara

Meslow

Mullery

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Ozment

Paulsen

Pelowski

Penas

Peterson

Pugh

Rhodes

Ruth

Samuelson

Seagren

Seifert

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stanek

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum

 


 

 

Those who voted in the negative were:

 


Clark

Davnie

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilty

Hornstein

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Lesch

Mahoney

Mariani

Murphy

Paymar

Rukavina

Sertich

Thao

Thissen

Wagenius

Walker

 


 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

Stanek moved that the name of Abeler be added as an author on H. F. No. 114. The motion prevailed.

 

Goodwin moved that the name of Abeler be added as an author on H. F. No. 116. The motion prevailed.

 

Olsen, S., moved that the name of Abeler be added as an author on H. F. No. 120. The motion prevailed.

 

Carlson moved that the name of Abeler be added as an author on H. F. No. 127. The motion prevailed.

 

Seifert moved that the name of Samuelson be added as an author on H. F. No. 162. The motion prevailed.

 

Haas moved that the names of Abeler and Nornes be added as authors on H. F. No. 164. The motion prevailed.

 

Marquart moved that the name of Larson be added as an author on H. F. No. 198. The motion prevailed.

 

Rhodes moved that the names of Thissen, Otremba and Cox be added as authors on H. F. No. 232. The motion prevailed.

 

Carlson moved that the name of Cox be added as an author on H. F. No. 233. The motion prevailed.

 

Nelson, C., moved that the names of Samuelson; Thissen; Anderson, J.; Wardlow; Larson and DeLaForest be added as authors on H. F. No. 247. The motion prevailed.


Journal of the House - 10th Day - Thursday, January 30, 2003 - Top of Page 180

Paulsen offered the following resolution and moved its adoption:

 

Resolved, that the Chief Clerk be directed to invite the Governor by message to address a Joint Convention of the House of Representatives and the Senate to be held in the House Chamber on Tuesday, February 4, 2003, and that the Chief Clerk also be instructed to invite the Senate by message. The Joint Convention shall convene at 11:45 a.m., and the address by the Governor shall be delivered at 12:00 noon.

 

 

The motion prevailed and the resolution was adopted.

 

 

Paulsen offered the following resolution and moved its adoption:

 

Resolved, that the Speaker be directed to appoint a committee of five members on the part of the House of Representatives to act with a similar committee on the part of the Senate to escort the Governor to the Joint Convention to be held in the House Chamber on Tuesday, February 4, 2003. The Joint Convention shall convene at 11:45 a.m., and the address by the Governor shall be delivered at 12:00 noon.

 

 

The motion prevailed and the resolution was adopted.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the appointment of the following members of the House to the committee to escort the Governor to the House Chamber on Tuesday, February 4, 2003:

 

Wilkin, Hackbarth, Soderstrom, Lindgren and Clark.

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, February 3, 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., Monday, February 3, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives