STATE OF MINNESOTA TWELFTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION
REGULATED INDUSTRIES COMMITTEE
MINUTES
Rep. Sondra Erickson called the twelfth meeting unofficially to order at 3:45 p.m. on March 29, 2005 in Room 5 of the State Office Building.
The Clerk noted the roll.
Members present:
WESTROM, Torrey, Chair ANDERSON, I.
CHARRON, Mike ATKINS, Joe
EMMER, Tom HANSEN, Rick
ERICKSON, Sondra HILTY, Bill
GUNTHER, Bob HUNTLEY, Tom
HACKBARTH, Tom JOHNSON, Sheldon
HOPPE, Joe LESCH, John
LANNING, Morrie PETERSON, Aaron
POWELL, Duke RUUD, Maria
SIMPSON, Dean THISSEN, Paul
WESTERBERG, Andy WALKER, NEVA
ZELLERS, Kurt
Members excused: NONE
Rep. Erickson outlined the committee schedule for members and testifiers.
HF 1817 (Westerberg) Lottery gaming machines and games operation provided at a gaming facility, license and fee provided, gaming transaction fee imposed.
The following individuals testified before the committee:
Dan McElroy
George Googleye
Erma Vizenor
Rep. Hackbarth assumed the gavel at 3:50 p.m.
Testimony to HF 1817 continued before the committee.
Rep. Hackbarth called the meeting officially to order a 4:00 p.m. A quorum was present.
Rep. Anderson moved approval of the minutes for March 22, 2005. The motion prevailed.
Rep. Westerberg moved that HF 1817 be brought before the committee for discussion.
The following individuals testified before the committee:
Valerie Red Horse
Paul Anton
HF 1664 (Buesgens) Lottery gaming machines provided, contracting for placement of machines authorized, horse racing purse payments established, tax on machines and card club revenue imposed, and blackjack and other card games authorized.
Rep. Hackbarth moved that HF 1664 be brought before the committee for review, recommended to pass and be re-referred to the committee on Taxes.
The following proponents of HF 1664 testified before the committee:
Rep. Mark Buesgens
Randy Sampson, President, Canterbury Park
Jaye Rykunyk, Hotel/Restaurant Union President
John Williams
Kaye King, Executive Director, Minnesota Thoroughbred Assn.
Judy Jensen, MN Showhorses & Breeders
Craig Bishop, Blooming Prairie, Farmer – Horse Breeder
The following opponents testified before the committee regarding HF 1817 and HF 1664:
Helen Blue-Rupner, Chair, Upper Sioux
Kevin Leecey, Chair, Bois Forte Band
Kevin Dupuis, Secretary-Treasurer, Fond Du Lac Band
Rep. Westrom assumed the gavel at 4:55 p.m.
Testimony from opponents to HF 1817 and HF 1664 continued before the committee:
The following individuals testified during the next segment of the hearing:
Archie LaRose, Secretary of Leech Lake
Gerald White, Leech Lake Band member
Birdina Lyons, Leech Lake Bank member
Laurie Gelling, White Earth Band member
Brian Mike Meyers, Network for Native Future
Rep. Westrom opened the committee up for questions to testifiers.
Rep. Beard assumed the gavel at 5:45 p.m.
Questions from the committee to testifiers continued.
Rep. Westrom resumed the gavel at 5:50 p.m.
The following individuals testified before the committee during the next segment:
Valerie Red Horse
Anita Fineday, White Earth Band
Rep. Erickson requested that House Counsel research limited waivers of sovereign immunity.
The Regulated Industries Committee stood in recess until 7:00 p.m.
The Regulated Industries Committee reconvened at 7:25 p.m.
The following individuals testified during the next segment of testimony before the committee:
Dan McElroy
Erma Vizenor
Valerie Red Horse
Randy Sampson
House Counsel addressed the topic of limited waivers of sovereign immunity.
The following individuals testified during the next segment of testimony before the committee:
Arthur Archie LaRose, Secretary/Treasurer, Leech Lake Bank
Erma Vizenor
Rep. Westerberg moved adoption of the Division Report (H1817DE1 amendment) to HF 1817. The motion prevailed. The Division Report was adopted.
Rep. Westerberg moved to amend HF 1817, as amended, (H1817A41 amendment) and incorporate it as an author’s amendment. Amendment incorporated.
Rep. Westrom brought the H1817A42 amendment to HF 1817, as amended, before the committee for discussion.
Rep. Westrom moved to amend the proposed H1817A42 amendment to HF 1817, as amended as follows:
Page 1, line 7, after "be" insert "a reasonable number of"
Page 1, line 13, after "be" insert "a reasonable number of"
The amendment, as amended, was incorporated.
Rep. Westrom renewed the motion to amend HF 1817, as amended, (H1817A42 amendment, as amended) and incorporate it as an author’s amendment. Amendment, as amended, incorporated.
Rep. Atkins withdrew the H1817A16 amendment to HF 1817, as amended.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A18 amendment).
Rep. Atkins requested a roll call on HF 1817, as amended, (H1817A18 amendment).
AYES NAYS ABSENT
Anderson Westrom Emmer
Aitkins Beard Huntley
Hansen Charron
Hilty Gunther
Johnson Erickson
Lesch Hackbarth
Peterson Hoppe
Ruud Lanning
Thissen Powell
Walker Simpson
Westerberg
Zellers
There being 10 Ayes and 12 Nays the motion did not prevail.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A35 amendment).
The following individuals testified to the H1817A35 amendment:
Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty
Anita Fineday, White Earth Band
Erma Vizenor
Rep. Atkins requested a roll call on HF 1817, as amended, (H1817A35 amendment).
AYES NAYS ABSENT
Anderson Westrom Powell
Atkins Beard Huntley
Hansen Charron
Hilty Emmer
Johnson Erickson
Lesch Gunther
Peterson Hackbarth
Ruud Hoppe
Thissen Lanning
Walker Simpson
Westerberg
Zellers
There being 10 Ayes and 12 Nays the motion did not prevail.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A14 amendment). The motion did not prevail. The amendment was not adopted.
Rep. Atkins withdrew the H1817A15 amendment to HF 1817, as amended.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A17 amendment).
Rep. Atkins requested a roll call on HF 1817, as amended, (H1817A17 amendment).
Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty testified before the committee regarding the H1817 amendment.
Rep. Atkins renewed the request for a roll call on HF 1817, as amended, (H1817A17 amendment).
Rep. Atkins requested a roll call on HF 1817, as amended, (H1817A35 amendment).
AYES NAYS ABSENT
Anderson Westrom Emmer
Atkins Beard Powell
Hansen Charron Huntley
Hilty Erickson
Johnson Gunther
Lesch Hackbarth
Peterson Hoppe
Ruud Lanning
Thissen Simpson
Walker Westerberg
Zellers
There being 10 Ayes and 11 Nays the motion did not prevail.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A19 amendment).
Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty testified before the committee regarding the H1817A19 amendment.
Rep. Atkins requested a roll call on HF 1817, as amended, (H1817A19 amendment).
AYES NAYS ABSENT
Anderson Westrom Gunther
Atkins Beard
Hansen Charron
Hilty Emmer
Huntley Erickson
Johnson Hackbarth
Lesch Hoppe
Peterson Lanning
Ruud Powell
Thissen Simpson
Walker Westerberg
Zellers
There being 11 Ayes and 12 Nays the motion did not prevail.
Rep. Atkins withdrew the H1817A20 amendment to HF 1817, as amended.
Rep. Atkins withdrew the H1817A21 amendment to HF 1817, as amended.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A22 amendment).
Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty testified before the committee regarding the H1817A22 amendment.
Rep. Atkins requested a roll call on HF 1817, as amended, (H1817A22 amendment).
AYES NAYS ABSENT
Anderson Westrom Huntley
Atkins Beard
Hansen Charron
Hilty Emmer
Johnson Erickson
Lesch Gunther
Peterson Hackbarth
Rudd Hoppe
Walker Lanning
Powell
Simpson
Thissen
Westerberg
Zellers
There being 9 Ayes and 14 Nays the motion did not prevail.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A28 amendment). The motion did not prevail. The amendment was not adopted.
Rep. Westrom moved for a division on the motion to amend HF 1817, as amended, (H1817A28 amendment). There being 14 Ayes and 9 Nays: The motion prevailed. The amendment was adopted.
Rep. Atkins withdrew the H1817A26 amendment to HF 1817, as amended.
Rep. Atkins withdrew the H1817A27 amendment to HF 1817, as amended.
Rep. Atkins withdrew the H1817A29 amendment to HF 1817, as amended.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A23 amendment). The motion did not prevail. The amendment was not adopted.
Rep. Atkins withdrew the H1817A24 amendment to HF 1817, as amended.
Rep. Atkins moved to amend HF 1817, as amended, (H1817A25 amendment).
Rep. Atkins moved to incorporate the following oral amendment to the H1817A25 amendment:
Page 1, line 8, after first "interest" insert "within 24 months of the facilities opening
Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty testified before the committee regarding the H1817A19 amendment.
Rep. Atkins requested a roll call on HF 1817, as amended, (H1817A25 amendment).
AYES NAYS ABSENT
Anderson Westrom Gunther
Atkins Beard Lesch
Hansen Charron Ruud
Hilty Emmer
Huntley Erickson
Johnson Hackbarth
Peterson Hoppe
Thissen Lanning
Walker Powell
Simpson
Westerberg
Zellers
There being 9 Ayes and 12 Nays the motion did not prevail.
Rep. Atkins withdrew the H1817A33 amendment to HF 1817, as amended.
Rep. Atkins withdrew the H1817A38 amendment to HF 1817, as amended.
Rep. Hansen withdrew the H1817A30 amendment to HF 1817, as amended.
Rep. Hansen moved to amend HF 1817, as amended, (H1817A39 amendment).
Rep. Hansen moved to incorporate the following oral amendment to the H1817A39 amendment:
Page 1, line 10, after operations strike "fund" insert "account"
Page 2, line 8, strike "gaming facility proceeds fund"
Page 2, line 8, insert "community assets account"
The motion prevailed. The amendment to the amendment was adopted.
Rep. Atkins raised a point of order regarding a roll call for HF 1817, as amended, (H1817A39 amendment).
Rep. Hansen requested a roll call on HF 1817, as amended, (H1817A39 amendment, as amended).
AYES NAYS ABSENT
Anderson Westrom Gunther
Atkins Beard
Hansen Charron
Hilty Emmer
Johnson Erickson
Lesch Hackbarth
Peterson Hoppe
Ruud Huntley
Thissen Lanning
Walker Powell
Simpson
Westerberg
Zellers
There being 10 Ayes and 12 Nays the motion did not prevail.
Rep. Westerberg addressed closing comments to the committee regarding HF 1817, as amended.
Rep. Westerberg renewed the motion that HF 1817, as amended, be recommended to pass and be re-referred to the committee on Taxes.
Rep. Atkins requested a roll call on HF 1817, as amended.
AYES NAYS ABSENT
Westrom Anderson Gunther
Beard Atkins
Charron Hansen
Emmer Hilty
Erickson Huntley
Hackbarth Johnson
Hoppe Lesch
Lanning Peterson
Powell Ruud
Simpson Thissen
Westerberg Walker
Zellers
There being 12 Ayes and 11 Nays the motion prevailed.
The House Regulated Industries Committee stood in recess at 9:35 p.m.
The House Regulated Industries Committee reconvened at 9:55 p.m.
HF 1664 (Buesgens) Lottery gaming machines provided, contracting for placement of machines authorized, horse racing purse payments established, tax on machines and card club revenue imposed, and blackjack and other card games authorized.
Rep. Beard moved that HF 1664 be brought before the committee for discussion.
Rep. Beard moved adoption of the Division Report (H1664DE2 amendment) to HF 1664. The motion prevailed.
Rep. Beard moved to incorporate the H1664A14 amendment to HF 1664. Amendment incorporated.
Housel Counsel provided information regarding the H1664A14 amendment to HF 1664.
Rep. Beard moved to incorporate the H1664A15 amendment to HF 1664, as amended. Amendment incorporated.
Rep. Westrom moved to amend HF 1664, as amended, (H1664A13 amendment).
Rep. Westrom moved to amend the H1664A13 amendment to HF 1664, as amended, as follows:
Page 1, line 4, strike "majority"
Page 1, line 4, insert "reasonable number"
The motion prevailed. The amendment to the amendment was adopted.
Rep. Westrom renewed the motion to amend HF 1664, as amended, (H1664A13, as amended). The motion prevailed.
Rep. Beard moved to amend HF 1664, as amended, (A05-0332 amendment). The motion prevailed. The amendment was adopted.
Rep. Atkins withdrew the H1664A6 amendment to HF 1664, as amended.
Rep. Atkins withdrew the H1664A7 amendment to HF 1664, as amended.
Rep. Atkins withdrew the H1664A8 amendment to HF 1664, as amended.
Rep. Atkins withdrew the H1664A9 amendment to HF 1664, as amended.
Rep. Atkins withdrew the H1664A10 amendment to HF 1664, as amended.
Rep. Atkins moved to amend HF 1664, as amended, (A1664A11 amendment). The motion did not prevail. The amendment was not adopted.
Rep. Atkins moved for a division on the motion to amend HF 1664, as amended, (A1664A11 amendment). There being 10 Ayes and 13 Nays: The motion did not prevail. The amendment was not adopted.
Rep. Atkins moved to amend HF 1664, as amended, (A1664A12 amendment).
Rep. Atkins requested a roll call on HF 1664, as amended, (H1664A12 amendment).
AYES NAYS ABSENT
Anderson Westrom Huntley
Atkins Beard
Hansen Charron
Hilty Emmer
Johnson Erickson
Lesch Gunther
Peterson Hackbarth
Ruud Hoppe
Thissen Lanning
Walker Powell
Simpson
Westerberg
Zellers
There being 10 Ayes and 13 Nays the motion did not prevail.
Rep. Buesgens presented closing comments to the committee regarding HF 1664, as amended.
Rep. Beard renewed the motion that HF 1664, as amended, be recommended to pass and be re-referred to the committee on Taxes. The motion prevailed.
Closing comments by the Chair. The meeting was adjourned at 10:20 p.m.
______________________________
REP. TORREY WESTROM
CHAIR
______________________________
Kathleen Anderson
Committee Legislative Assistant