EIGHTY-FIRST SESSION 1999
__________________
SIXTY-FIRST DAY
Saint Paul, Minnesota, Monday, May 10, 1999
This Journal as a PDF document
The House of Representatives convened at 10:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.
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 | Dorn | Holsten | Lindner | Pawlenty | Tomassoni | |
| Abrams | Entenza | Howes | Luther | Paymar | Trimble | |
| Anderson, B. | Erhardt | Huntley | Mahoney | Peterson | Tuma | |
| Anderson, I. | Erickson | Jaros | Mares | Pugh | Tunheim | |
| Bakk | Finseth | Jennings | Marko | Rest | Van Dellen | |
| Biernat | Folliard | Johnson | McCollum | Reuter | Vandeveer | |
| Bishop | Fuller | Juhnke | McElroy | Rhodes | Wagenius | |
| Boudreau | Gerlach | Kahn | McGuire | Rifenberg | Wejcman | |
| Bradley | Gleason | Kalis | Milbert | Rostberg | Wenzel | |
| Broecker | Goodno | Kelliher | Molnau | Rukavina | Westerberg | |
| Buesgens | Gray | Kielkucki | Mulder | Schumacher | Westfall | |
| Carruthers | Greenfield | Knoblach | Mullery | Seagren | Westrom | |
| Cassell | Greiling | Koskinen | Murphy | Seifert, J. | Wilkin | |
| Chaudhary | Gunther | Krinkie | Ness | Seifert, M. | Winter | |
| Clark, J. | Haake | Kubly | Nornes | Skoe | Wolf | |
| Clark, K. | Haas | Kuisle | Olson | Skoglund | Workman | |
| Daggett | Hackbarth | Larsen, P. | Opatz | Smith | Spk. Sviggum | |
| Davids | Harder | Larson, D. | Orfield | Stang | ||
| Dawkins | Hasskamp | Leighton | Osskopp | Storm | ||
| Dehler | Hausman | Lenczewski | Osthoff | Swenson | ||
| Dempsey | Hilty | Leppik | Ozment | Sykora | ||
| Dorman | Holberg | Lieder | Paulsen | Tingelstad | ||
A quorum was present.
Munger was excused.
Carlson and Pelowski were excused until 10:20 a.m. Otremba and Mariani were excused until 11:00 a.m. Solberg and Stanek were excused until 12:15 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Seifert, M., moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORT FROM THE CHAIR OF THE
COMMITTEE ON WAYS AND MEANS
May 7, 1999
Edward A. Burdick
Chief Clerk of the House of Representatives
The State of Minnesota
Dear Mr. Burdick:
House Rule 4.03 requires the Chair of the Committee on Ways and Means to certify to the House of Representatives that the Committee has reconciled any finance and revenue bills with the budget resolution and targets.
Please accept this letter as certification that S. F. Nos. 685, 1485, 1572, 1636, 1721, 2052 and H. F. Nos. 176, 510, 595, 743, 1077, 1180 and 2127 reconcile with the budget resolution and targets.
Sincerely,
Representative Dave Bishop
Chair, House Ways and Means Committee
S. F. No. 319 and H. F. No. 1077, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Mares moved that the rules be so far suspended that S. F. No. 319 be substituted for H. F. No. 1077 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 319 was read for the second time.
The following House Files were introduced:
Mulder introduced:
H. F. No. 2442, A bill for an act relating to economic development; providing for reimbursement of losses incurred by the city of Pipestone; authorizing state bonds; appropriating money.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.
Mullery introduced:
H. F. No. 2443, A bill for an act relating to Hennepin county; making modifications to the human resources system; amending Minnesota Statutes 1998, sections 383B.26; 383B.27, subdivisions 7, 10, 16, 17, and 19; 383B.28, subdivisions 1, 3, and 4; 383B.29; 383B.30; 383B.31; 383B.32, subdivisions 2 and 3; and 383B.34, subdivision 2; repealing Minnesota Statutes 1998, section 383B.27, subdivisions 3, 4, 5, 6, 11, 12, 13, and 14.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 23, A bill for an act relating to family law; repealing the administrative process for support orders; establishing a child support magistrate system; amending Minnesota Statutes 1998, sections 357.021, subdivision 1a; 484.70, subdivision 1; 518.54, by adding a subdivision; 518.551, subdivisions 9, 12, 13, and 14; 518.575, subdivision 1; 518.616, subdivision 1; and 552.05, subdivision 10; Laws 1998, chapter 338, section 8; proposing coding for new law in Minnesota Statutes, chapters 484; and 518; repealing Minnesota Statutes 1998, sections 518.5511; and 518.5512.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Foley, Ten Eyck and Knutson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Biernat moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 23. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 346, A bill for an act relating to child custody; expanding provisions for relative ex parte temporary custody; amending Minnesota Statutes 1998, section 518.158, subdivisions 1 and 2.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Ranum, Foley and Kiscaden.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Wagenius moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 346. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 171, A bill for an act relating to commerce; providing an appropriation for an education campaign on mortgage flipping; establishing penalties; proposing coding for new law in Minnesota Statutes, chapter 82B.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Higgins, Kleis and Lourey.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Gray moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 171. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 441, A bill for an act relating to crime prevention; modifying the criminal penalties for certain crimes to provide more uniformity; creating a pretrial diversion program for writers of dishonored checks; amending Minnesota Statutes 1998, sections 332.50, subdivision 2; 609.52, subdivision 3; 609.535, subdivision 2a; 609.631, subdivision 4; and 609.821, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 628.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Spear; Kelly, R. C., and Limmer.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Pawlenty moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 441. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 1145.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1145, A bill for an act relating to traffic regulations; modifying provisions regulating disability parking; abolishing certain credit for vehicle registration fee; specifically authorizing statutory and home rule charter cities to adopt ordinances regulating long-term parking; appropriating money; amending Minnesota Statutes 1998, sections 168.021, subdivision 2; 169.345, subdivisions 1, 3, and 4; and 169.346, subdivision 3, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Transportation Finance.
LEGISLATIVE ADMINISTRATION
Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately preceding the remaining bills on the Calendar for the Day, for Monday, May 10, 1999:
S. F. Nos. 1572, 1485 and 1636; H. F. Nos. 1024, 595 and 1940; and S. F. Nos. 615, 1329 and 1831.
S. F. No. 1572, A bill for an act relating to natural resources; modifying provisions for the exchange or sale of leased lakeshore lots; amending Laws 1998, chapter 389, article 16, section 31, subdivisions 2, 3, and 4.
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 115 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Entenza | Greenfield | Huntley | Kahn | Skoglund | Wagenius | |
| Folliard | Greiling | Jaros | Paymar | Trimble | ||
The bill was passed and its title agreed to.
Pawlenty moved that the House recess subject to the call of the Chair. The motion prevailed.
RECONVENED
The House reconvened and was called to order by the Speaker.
Gray was excused between the hours of 11:30 a.m. and 1:45 p.m.
S. F. No. 1485, A bill for an act relating to professions; modifying provisions of the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design relating to fees and continuing education; increasing penalties; amending Minnesota Statutes 1998, section 326.111, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Rules, part 1800.0500, subpart 3.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
S. F. No. 1636 was reported to the House.
Wagenius moved to amend S. F. No. 1636, the unofficial engrossment, as follows:
Page 1, line 19, after "rule" insert:
"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of allowing the discharge of additional effluent into a body of water that is used for drinking water purposes."
Reletter subsequent paragraphs
A roll call was requested and properly seconded.
The question was taken on the Wagenius amendment and the roll was called. There were 61 yeas and 71 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Gleason | Kahn | Mariani | Paymar | Trimble | |
| Bakk | Greenfield | Kalis | Marko | Pelowski | Tunheim | |
| Biernat | Greiling | Kelliher | McCollum | Peterson | Wagenius | |
| Carlson | Hasskamp | Koskinen | McGuire | Pugh | Wejcman | |
| Carruthers | Hausman | Kubly | Milbert | Rest | Wenzel | |
| Chaudhary | Hilty | Larson, D. | Mullery | Rukavina | Winter | |
| Clark, K. | Huntley | Leighton | Murphy | Schumacher | ||
| Dawkins | Jaros | Lenczewski | Opatz | Skoe | ||
| Dorn | Jennings | Lieder | Orfield | Skoglund | ||
| Entenza | Johnson | Luther | Osthoff | Solberg | ||
| Folliard | Juhnke | Mahoney | Otremba | Tomassoni | ||
Those who voted in the negative were:
| Abeler | Dehler | Hackbarth | Mares | Rhodes | Tingelstad | |
| Abrams | Dempsey | Harder | McElroy | Rifenberg | Tuma | |
| Anderson, B. | Dorman | Holberg | Molnau | Rostberg | Van Dellen | |
| Bishop | Erhardt | Holsten | Mulder | Seagren | Vandeveer | |
| Boudreau | Erickson | Howes | Ness | Seifert, J. | Westerberg | |
| Bradley | Finseth | Kielkucki | Nornes | Seifert, M. | Westfall | |
| Broecker | Fuller | Knoblach | Olson | Smith | Westrom | |
| Buesgens | Gerlach | Krinkie | Osskopp | Stanek | Wilkin | |
| Cassell | Goodno | Kuisle | Ozment | Stang | Wolf | |
| Clark, J. | Gunther | Larsen, P. | Paulsen | Storm | Workman | |
| Daggett | Haake | Leppik | Pawlenty | Swenson | Spk. Sviggum | |
| Davids | Haas | Lindner | Reuter | Sykora | ||
The motion did not prevail and the amendment was not adopted.
Larson, D., and Lenczewski moved to amend S. F. No. 1636, the unofficial engrossment, as follows:
Page 1, after line 19, insert:
"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of increasing the discharge or release of any harmful pollutants."
Reletter subsequent paragraphs
A roll call was requested and properly seconded.
The question was taken on the Larson, D., and Lenczewski amendment and the roll was called. There were 61 yeas and 70 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Gleason | Juhnke | Mahoney | Paymar | Tunheim | |
| Bakk | Greenfield | Kahn | Mariani | Pelowski | Vandeveer | |
| Biernat | Greiling | Kalis | Marko | Peterson | Wagenius | |
| Carlson | Haake | Kelliher | McCollum | Pugh | Wejcman | |
| Carruthers | Hasskamp | Koskinen | McGuire | Rest | Wenzel | |
| Chaudhary | Hausman | Kubly | Milbert | Rukavina | Winter | |
| Clark, K. | Hilty | Larson, D. | Mullery | Schumacher | ||
| Dawkins | Huntley | Leighton | Opatz | Skoglund | ||
| Dorn | Jaros | Lenczewski | Orfield | Solberg | ||
| Entenza | Jennings | Lieder | Osthoff | Tomassoni | ||
| Folliard | Johnson | Luther | Otremba | Trimble | ||
Those who voted in the negative were:
The motion did not prevail and the amendment was not adopted.
Greenfield moved to amend S. F. No. 1636, the unofficial engrossment, as follows:
Page 1, after line 19, insert:
"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of harming the welfare of children."
Reletter subsequent paragraphs
A roll call was requested and properly seconded.
The question was taken on the Greenfield amendment and the roll was called. There were 57 yeas and 75 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Gleason | Juhnke | Mahoney | Osthoff | Tomassoni | |
| Bakk | Greenfield | Kahn | Mariani | Otremba | Trimble | |
| Biernat | Greiling | Kelliher | Marko | Paymar | Tunheim | |
| Carlson | Hasskamp | Koskinen | McCollum | Peterson | Vandeveer | |
| Carruthers | Hausman | Kubly | McGuire | Pugh | Wagenius | |
| Chaudhary | Hilty | Larson, D. | Milbert | Rest | Wejcman | |
| Clark, K. | Huntley | Leighton | Mullery | Rukavina | Winter | |
| Dawkins | Jaros | Lenczewski | Murphy | Schumacher | ||
| Entenza | Jennings | Lieder | Opatz | Skoglund | ||
| Folliard | Johnson | Luther | Orfield | Solberg | ||
Those who voted in the negative were:
The motion did not prevail and the amendment was not adopted.
Chaudhary moved to amend S. F. No. 1636, the unofficial engrossment, as follows:
Page 1, after line 19, insert:
"(b) Notwithstanding paragraph (a), an elected governing body of a statutory or home-rule city or county may not petition for amendment or repeal of a rule or a specified portion of a rule if the amendment or repeal would have the effect of reducing access to health care."
Reletter subsequent paragraphs
A roll call was requested and properly seconded.
Abrams moved to amend the Chaudhary amendment to S. F. No. 1636, the unofficial engrossment, as follows:
Page 1, line 8, delete everything before the period and insert "increasing property taxes"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and the roll was called. There were 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Olson
The motion prevailed and the amendment to the amendment was adopted.
Chaudhary moved to further amend the Chaudhary amendment, as amended, to S. F. No. 1636, the unofficial engrossment, as follows:
Page 1, line 8, before "increasing" insert "reducing access to health care and"
A roll call was requested and properly seconded.
Tuma raised a point of order pursuant to section 421 of "Mason's Manual of Legislative Procedure," relating to Equivalent Amendments that the Chaudhary amendment to the amendment, as amended, was not in order. The Speaker ruled the point of order not well taken and the Chaudhary amendment to the amendment, as amended, in order.
The question recurred on the amendment to the amendment, as amended, and the roll was called. There were 122 yeas and 7 nays as follows:
Those who voted in the affirmative were:
| Abeler | Entenza | Huntley | Mahoney | Pelowski | Tingelstad | |
| Abrams | Erhardt | Jaros | Mares | Peterson | Tomassoni | |
| Anderson, I. | Erickson | Jennings | Mariani | Pugh | Trimble | |
| Bakk | Finseth | Johnson | Marko | Rest | Tuma | |
| Biernat | Folliard | Juhnke | McCollum | Reuter | Tunheim | |
| Bishop | Fuller | Kahn | McElroy | Rhodes | Van Dellen | |
| Broecker | Gerlach | Kalis | McGuire | Rifenberg | Vandeveer | |
| Buesgens | Gleason | Kelliher | Milbert | Rostberg | Wagenius | |
| Carlson | Greenfield | Kielkucki | Molnau | Rukavina | Wejcman | |
| Carruthers | Greiling | Knoblach | Mulder | Schumacher | Wenzel | |
| Cassell | Gunther | Koskinen | Mullery | Seagren | Westerberg | |
| Chaudhary | Haake | Krinkie | Murphy | Seifert, J. | Westfall | |
| Clark, J. | Haas | Kubly | Ness | Seifert, M. | Westrom | |
| Clark, K. | Hackbarth | Kuisle | Nornes | Skoe | Winter | |
| Daggett | Harder | Larsen, P. | Opatz | Skoglund | Wolf | |
| Davids | Hasskamp | Larson, D. | Orfield | Solberg | Workman | |
| Dawkins | Hausman | Leighton | Osthoff | Stanek | Spk. Sviggum | |
| Dehler | Hilty | Lenczewski | Otremba | Stang | ||
| Dempsey | Holberg | Leppik | Paulsen | Storm | ||
| Dorman | Holsten | Lieder | Pawlenty | Swenson | ||
| Dorn | Howes | Luther | Paymar | Sykora | ||
Those who voted in the negative were:
| Boudreau | Bradley | Goodno | Lindner | Olson | Smith | |
| Wilkin | ||||||
The motion prevailed and the amendment to the amendment, as amended, was adopted.
The question recurred on the Chaudhary amendment, as amended, and the roll was called. There were 120 yeas and 11 nays as follows:
Those who voted in the affirmative were:
| Abeler | Entenza | Huntley | Mares | Pawlenty | Swenson | |
| Abrams | Erhardt | Jaros | Mariani | Paymar | Sykora | |
| Anderson, I. | Erickson | Jennings | Marko | Pelowski | Tingelstad | |
| Bakk | Finseth | Johnson | McCollum | Peterson | Tomassoni | |
| Biernat | Folliard | Juhnke | McElroy | Pugh | Trimble | |
| Bishop | Fuller | Kahn | McGuire | Rest | Tuma | |
| Broecker | Gleason | Kalis | Milbert | Reuter | Tunheim | |
| Carlson | Greenfield | Kelliher | Molnau | Rhodes | Van Dellen | |
| Carruthers | Greiling | Knoblach | Mulder | Rostberg | Vandeveer | |
| Cassell | Gunther | Koskinen | Mullery | Rukavina | Wagenius | |
| Chaudhary | Haake | Krinkie | Murphy | Seagren | Wejcman | |
| Clark, J. | Haas | Kubly | Ness | Seifert, J. | Wenzel | |
| Clark, K. | Hackbarth | Larsen, P. | Nornes | Seifert, M. | Westerberg | |
| Daggett | Harder | Larson, D. | Opatz | Skoe | Westfall | |
| Davids | Hasskamp | Leighton | Orfield | Skoglund | Westrom | |
| Dawkins | Hausman | Lenczewski | Osskopp | Smith | Wilkin | |
| Dehler | Hilty | Leppik | Osthoff | Solberg | Winter | |
| Dempsey | Holberg | Lieder | Otremba | Stanek | Wolf | |
| Dorman | Holsten | Luther | Ozment | Stang | Workman | |
| Dorn | Howes | Mahoney | Paulsen | Storm | Spk. Sviggum | |
Those who voted in the negative were:
| Anderson, B. | Bradley | Gerlach | Kielkucki | Lindner | Rifenberg | |
| Boudreau | Buesgens | Goodno | Kuisle | Olson | ||
The motion prevailed and the amendment, as amended, was adopted.
The Speaker called Boudreau to the Chair.
Carruthers moved to amend S. F. No. 1636, the unofficial engrossment, as amended, as follows:
Page 2, line 22, after "program" insert "; or
(4) the rule is required by state statutes or is required to maintain authority to administer a state program"
The motion prevailed and the amendment was adopted.
Winter moved to amend S. F. No. 1636, the unofficial engrossment, as amended, as follows:
Page 3, line 29, delete "half"
A roll call was requested and properly seconded.
The question was taken on the Winter amendment and the roll was called. There were 56 yeas and 76 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Gleason | Kelliher | Marko | Paymar | Trimble | |
| Bakk | Greenfield | Koskinen | McCollum | Peterson | Tunheim | |
| Biernat | Greiling | Kubly | McGuire | Pugh | Wagenius | |
| Carlson | Hasskamp | Larson, D. | Milbert | Rest | Wejcman | |
| Carruthers | Hausman | Leighton | Mullery | Rukavina | Wenzel | |
| Chaudhary | Huntley | Lenczewski | Murphy | Schumacher | Winter | |
| Clark, K. | Jennings | Lieder | Opatz | Skoe | ||
| Dawkins | Johnson | Luther | Orfield | Skoglund | ||
| Entenza | Juhnke | Mahoney | Osthoff | Solberg | ||
| Folliard | Kahn | Mariani | Otremba | Tomassoni | ||
Those who voted in the negative were:
| Abeler | Dempsey | Harder | Lindner | Reuter | Tingelstad | |
| Abrams | Dorman | Hilty | Mares | Rhodes | Tuma | |
| Anderson, B. | Dorn | Holberg | McElroy | Rifenberg | Van Dellen | |
| Bishop | Erhardt | Holsten | Molnau | Rostberg | Vandeveer | |
| Boudreau | Erickson | Howes | Mulder | Seagren | Westerberg | |
| Bradley | Finseth | Jaros | Ness | Seifert, J. | Westfall | |
| Broecker | Fuller | Kalis | Nornes | Seifert, M. | Westrom | |
| Buesgens | Gerlach | Kielkucki | Olson | Smith | Wilkin | |
| Cassell | Goodno | Knoblach | Osskopp | Stanek | Wolf | |
| Clark, J. | Gunther | Krinkie | Ozment | Stang | Workman | |
| Daggett | Haake | Kuisle | Paulsen | Storm | Spk. Sviggum | |
| Davids | Haas | Larsen, P. | Pawlenty | Swenson | ||
| Dehler | Hackbarth | Leppik | Pelowski | Sykora | ||
The motion did not prevail and the amendment was not adopted.
S. F. No. 1636, A bill for an act relating to governmental operations; providing for regulatory relief for local units of government; proposing coding for new law in Minnesota Statutes, chapter 14.
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 112 yeas and 19 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dempsey | Holsten | Lindner | Pelowski | Swenson | |
| Abrams | Dorman | Howes | Luther | Peterson | Sykora | |
| Anderson, B. | Dorn | Huntley | Mares | Pugh | Tingelstad | |
| Anderson, I. | Erhardt | Jennings | Marko | Rest | Tomassoni | |
| Bakk | Erickson | Johnson | McElroy | Reuter | Tuma | |
| Biernat | Finseth | Juhnke | McGuire | Rhodes | Tunheim | |
| Bishop | Folliard | Kalis | Milbert | Rifenberg | Van Dellen | |
| Boudreau | Fuller | Kielkucki | Molnau | Rostberg | Vandeveer | |
| Bradley | Gerlach | Knoblach | Mulder | Rukavina | Wenzel | |
| Broecker | Gleason | Koskinen | Murphy | Schumacher | Westerberg | |
| Buesgens | Goodno | Krinkie | Ness | Seagren | Westfall | |
| Carlson | Gunther | Kubly | Nornes | Seifert, J. | Westrom | |
| Carruthers | Haake | Kuisle | Olson | Seifert, M. | Wilkin | |
| Cassell | Haas | Larsen, P. | Opatz | Skoe | Winter | |
| Chaudhary | Hackbarth | Larson, D. | Osskopp | Smith | Wolf | |
| Clark, J. | Harder | Leighton | Otremba | Solberg | Workman | |
| Daggett | Hasskamp | Lenczewski | Ozment | Stanek | Spk. Sviggum | |
| Davids | Hilty | Leppik | Paulsen | Stang | ||
| Dehler | Holberg | Lieder | Pawlenty | Storm | ||
Those who voted in the negative were:
| Clark, K. | Hausman | Mahoney | Orfield | Trimble | Wejcman | |
| Dawkins | Jaros | Mariani | Osthoff | Wagenius | ||
| Greenfield | Kahn | McCollum | Paymar | |||
| Greiling | Kelliher | Mullery | Skoglund | |||
The bill was passed, as amended, and its title agreed to.
H. F. No. 1024 was reported to the House.
Molnau moved that H. F. No. 1024 be continued on the Calendar for the Day. The motion prevailed.
H. F. No. 595, A bill for an act relating to economic development; imposing a specific standard of proof for certain petrofund reimbursement reductions; providing reimbursement for certain bulk petroleum plants upgrading or closing aboveground storage tanks; regulating the cleanup of contaminated land; modifying the application of the Uniform Fire Code to aboveground tanks; providing a regulatory exception for underground tanks on farms; appropriating money; amending Minnesota Statutes 1998, sections 115C.08, subdivision 4; 115C.09, subdivision 3, and by adding a subdivision; 116J.562, subdivision 2; and 116J.567; proposing coding for new law in Minnesota Statutes, chapter 299F.
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 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holsten | Mariani | Pelowski | Tingelstad | |
| Abrams | Dorn | Howes | Marko | Peterson | Tomassoni | |
| Anderson, B. | Entenza | Huntley | McCollum | Pugh | Trimble | |
| Anderson, I. | Erhardt | Jaros | McElroy | Rest | Tuma | |
| Bakk | Erickson | Jennings | McGuire | Reuter | Tunheim | |
| Biernat | Finseth | Johnson | Milbert | Rhodes | Van Dellen | |
| Bishop | Folliard | Juhnke | Molnau | Rifenberg | Vandeveer | |
| Boudreau | Fuller | Kelliher | Mulder | Rostberg | Wagenius | |
| Bradley | Gerlach | Koskinen | Mullery | Rukavina | Wejcman | |
| Broecker | Gleason | Krinkie | Murphy | Schumacher | Wenzel | |
| Buesgens | Goodno | Kubly | Ness | Seagren | Westerberg | |
| Carlson | Greenfield | Kuisle | Nornes | Seifert, J. | Westfall | |
| Carruthers | Greiling | Larsen, P. | Olson | Seifert, M. | Westrom | |
| Cassell | Gunther | Larson, D. | Opatz | Skoe | Wilkin | |
| Chaudhary | Haake | Leighton | Orfield | Skoglund | Winter | |
| Clark, J. | Haas | Lenczewski | Osskopp | Smith | Wolf | |
| Clark, K. | Hackbarth | Leppik | Osthoff | Solberg | Workman | |
| Daggett | Harder | Lieder | Otremba | Stanek | Spk. Sviggum | |
| Davids | Hasskamp | Lindner | Ozment | Stang | ||
| Dawkins | Hausman | Luther | Paulsen | Storm | ||
| Dehler | Hilty | Mahoney | Pawlenty | Swenson | ||
| Dempsey | Holberg | Mares | Paymar | Sykora | ||
The bill was passed and its title agreed to.
H. F. No. 1940, A bill for an act relating to utilities; modifying requirements for renewable energy development funding; specifying that certain required expenditures are recoverable; providing a siting preference for certain wind energy facilities; amending Minnesota Statutes 1998, sections 116C.779; 216B.1645; and 216B.2423, by adding a subdivision.
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:
The bill was passed and its title agreed to.
S. F. No. 615 was reported to the House.
Mullery moved to amend S. F. No. 615 as follows:
Page 1, line 14, before "Notwithstanding" insert:
"Subdivision 1. [SPECIFIC APPOINTMENTS.]"
Page 2, line 10, reinstate the stricken "and"
Page 2, line 11, strike the comma after "safety" and delete "and" and insert a period
Page 2, line 12, delete "(t)" and insert:
"Subd. 2. [OTHER CONFIDENTIAL, SUPERVISORY, PROFESSIONAL APPOINTMENTS.] Notwithstanding any provisions of the Minneapolis city charter, civil service rule, law or regulation to the contrary, the superintendent of the park and recreation board of the city of Minneapolis may appoint any suitable person to"
Page 2, line 17, delete the second comma and insert ". Appointments under this subdivision are subject to the Veterans Preference Act.
Subd. 3. [UNCLASSIFIED SERVICE.]"
Page 2, line 18, delete the paragraph coding and strike "and" and after "each" insert "person appointed under this section"
Page 3, after line 4, insert:
"Sec. 3. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; HENNEPIN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Hennepin county may convey to the United States of America, acting through the United States Fish and Wildlife Service, Department of the Interior, the tax-forfeited land bordering public water that is described in paragraph (c).
(b) The conveyance must be in a form approved by the attorney general.
(c) The land to be conveyed is located in Hennepin county and is described as:
(1) Lot 13, Auditors Subdivision 278, Hennepin county, Minnesota (parcel number 23 027 24 14 0001); and
(2) that part of the Southeast Quarter of the Southwest Quarter of Section 12, Township 27, Range 24, lying easterly of Lot 59, Auditors Subdivision Number 205, and lying southwesterly of Parcel 13 as shown on Minnesota department of transportation right-of-way plat numbered 27-4 (parcel number 12 027 24 34 0001).
(d) The county has determined that the county's land management interests would best be served if the parcels were conveyed to the United States Fish and Wildlife Service."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 615, A bill for an act relating to local government; providing for the appointment of various employees of the Minneapolis park and recreation board; authorizing the city of Lakeville to change its general municipal elections to even-numbered years; amending Laws 1969, chapter 1024, section 1, as amended.
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 132 yeas and 1 nay as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holberg | Lieder | Otremba | Stanek | |
| Abrams | Dorn | Holsten | Lindner | Ozment | Stang | |
| Anderson, B. | Entenza | Howes | Luther | Paulsen | Storm | |
| Anderson, I. | Erhardt | Huntley | Mahoney | Pawlenty | Swenson | |
| Bakk | Erickson | Jaros | Mares | Paymar | Sykora | |
| Biernat | Finseth | Jennings | Mariani | Pelowski | Tingelstad | |
| Bishop | Folliard | Johnson | Marko | Peterson | Tomassoni | |
| Boudreau | Fuller | Juhnke | McCollum | Pugh | Trimble | |
| Bradley | Gerlach | Kahn | McElroy | Rest | Tuma | |
| Broecker | Gleason | Kalis | McGuire | Reuter | Tunheim | |
| Buesgens | Goodno | Kelliher | Milbert | Rhodes | Van Dellen | |
| Carlson | Gray | Kielkucki | Molnau | Rifenberg | Wagenius | |
| Carruthers | Greenfield | Knoblach | Mulder | Rostberg | Wejcman | |
| Cassell | Greiling | Koskinen | Mullery | Rukavina | Wenzel | |
| Chaudhary | Gunther | Krinkie | Murphy | Schumacher | Westerberg | |
| Clark, J. | Haake | Kubly | Ness | Seagren | Westfall | |
| Clark, K. | Haas | Kuisle | Nornes | Seifert, J. | Westrom | |
| Daggett | Hackbarth | Larsen, P. | Olson | Seifert, M. | Wilkin | |
| Davids | Harder | Larson, D. | Opatz | Skoe | Winter | |
| Dawkins | Hasskamp | Leighton | Orfield | Skoglund | Wolf | |
| Dehler | Hausman | Lenczewski | Osskopp | Smith | Workman | |
| Dempsey | Hilty | Leppik | Osthoff | Solberg | Spk. Sviggum | |
Those who voted in the negative were:
Vandeveer
The bill was passed, as amended, and its title agreed to.
S. F. No. 1329 was reported to the House.
Leighton moved to amend S. F. No. 1329 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 1140, the first engrossment:
"Section 1. [449.20] [LIMITED LICENSE FEES ON AMUSEMENT MACHINES.]
A home rule charter or statutory city may impose by ordinance a license fee on amusement machines of no more than the greater of the actual cost of issuing the license or $15 per machine or location."
The motion prevailed and the amendment was adopted.
Leighton, Abeler and McElroy moved to amend S. F. No. 1329, as amended, as follows:
Page 1, line 10, delete "the greater of" and before "actual" insert "demonstrated and verifiable"
Page 1, line 11, delete "machine or" and before the period, insert "plus $15 per machine"
The motion prevailed and the amendment was adopted.
S. F. No. 1329, A bill for an act relating to cities; limiting license fees on coin and currency activated amusement machines; proposing coding for new law in Minnesota Statutes, chapter 449.
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 109 yeas and 23 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Buesgens | Dawkins | Kahn | Mulder | Skoe | Wagenius | |
| Carruthers | Dempsey | Kelliher | Mullery | Skoglund | Wejcman | |
| Chaudhary | Hausman | Mahoney | Osthoff | Trimble | Westrom | |
| Clark, K. | Jaros | Mariani | Paymar | Vandeveer | ||
The bill was passed, as amended, and its title agreed to.
S. F. No. 1831 was reported to the House.
Dawkins moved to amend S. F. No. 1831 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 2016, the first engrossment:
"Section 1. Minnesota Statutes 1998, section 169.1217, subdivision 7, is amended to read:
Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) A vehicle is subject to forfeiture under this section only if:
(1) the driver is convicted of the designated offense upon which the forfeiture is based;
(2) the driver fails to appear with respect to the designated offense charge in violation of section 609.49; or
(3) the driver's conduct results in a designated license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner as required by section 169.123, subdivision 5b or 5c, or the revocation is sustained under section 169.123, subdivision 5b or 6.
(b) A vehicle encumbered by a bona fide security interest, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.
(c) Notwithstanding paragraph paragraphs (b) and (d), the secured party's
or, lessor's, or owner's interest in a vehicle is not subject to forfeiture based solely on the
secured party's or, lessor's, or owner's knowledge of the act or omission upon which the
forfeiture is based if the secured party or, lessor, or owner took reasonable steps to
terminate use of the vehicle by the offender.
(d) A motor vehicle is subject to forfeiture under this section only if its owner knew or should have known of the unlawful use or intended use.
(e) A vehicle subject to a security interest, based upon a loan or other financing arranged by a financial institution, is subject to the interest of the financial institution.
Sec. 2. Minnesota Statutes 1998, section 169.1217, subdivision 7a, is amended to read:
Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.
(b) When a motor vehicle is seized under subdivision 2, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership or possessory interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. Notice mailed by certified mail to the address shown in department of public safety records is sufficient notice to the registered owner of the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially the following language must appear conspicuously:
"IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES,
SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS
FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.
YOU MAY NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE
TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY FILE YOUR CLAIM
IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY THE CONCILIATION COURT
FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM IN
CONCILIATION COURT."
(d) Within 30 days following service of a notice of seizure and forfeiture under this subdivision, a claimant may
file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint
and must be filed with the court administrator in the county in which the seizure occurred, together with proof of
service of a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture, and the
standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01.
If the value of the seized property is less than $500 $7,500 or less, the claimant may file an action
in conciliation court for recovery of the seized vehicle without paying. If the value of the seized property
is less than $500, the claimant does not have to pay the conciliation court filing fee. No responsive pleading
is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance
in the matter. Except as provided in this section, judicial reviews and hearings are governed by section 169.123,
subdivisions 5c and 6, and shall take place at the same time as any judicial review of the person's license revocation
under section 169.123. The proceedings may be combined with any hearing on a petition filed under section
169.123, subdivision 5c, and are governed by the rules of civil procedure.
(e) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized and the plaintiff's interest in the vehicle seized. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(f) If the claimant makes a timely demand for a judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under subdivision 8.
(g) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized vehicle, the court shall order that filing fees be reimbursed to the person who filed the demand. In addition, the court may order the payment of reasonable costs, expenses, and attorney fees under section 549.21, subdivision 2.
Sec. 3. Minnesota Statutes 1998, section 609.5314, subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) Forfeiture of property described in subdivision 1 is governed by this subdivision. When seizure occurs, or within a reasonable time after that, all persons known to have an ownership or possessory interest in seized property must be notified of the seizure and the intent to forfeit the property. In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in department of public safety records is deemed sufficient notice to the registered owner.
(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action. The notice must be in writing and contain:
(1) a description of the property seized;
(2) the date of seizure;
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially the following language must appear conspicuously:
"IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES,
SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS
FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.
YOU MAY NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE
TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY FILE YOUR CLAIM
IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY THE CONCILIATION COURT
FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM IN
CONCILIATION COURT."
Sec. 4. Minnesota Statutes 1998, section 609.5314, subdivision 3, is amended to read:
Subd. 3. [JUDICIAL DETERMINATION.] (a) Within 60 days following service of a notice of seizure and
forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture. The demand
must be in the form of a civil complaint and must be filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of the complaint on the county attorney for that county, and
the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under
section 563.01. If the value of the seized property is less than $500 $7,500 or less, the claimant
may file an action in conciliation court for recovery of the seized property without paying. If the value
of the seized property is less than $500, the claimant does not have to pay the conciliation court filing fee. No
responsive pleading is required of the county attorney and no court fees may be charged for the county attorney's
appearance in the matter. The proceedings are governed by the Rules of Civil Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized. Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized property, the court shall order that filing fees be reimbursed to the person who filed the demand. In addition, the court may order sanctions under section 549.211. If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 4 are effective August 1, 1999, and apply to forfeitures initiated on or after that date."
The motion prevailed and the amendment was adopted.
S. F. No. 1831, A bill for an act relating to crime prevention; making miscellaneous changes to certain forfeiture provisions; amending Minnesota Statutes 1998, sections 169.1217, subdivisions 7 and 7a; and 609.5314, subdivisions 2 and 3.
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 13 nays as follows:
Those who voted in the affirmative were:
| Abeler | Erhardt | Jaros | Mahoney | Paulsen | Stang | |
| Abrams | Finseth | Jennings | Mares | Pawlenty | Storm | |
| Anderson, B. | Folliard | Johnson | Mariani | Paymar | Swenson | |
| Anderson, I. | Fuller | Juhnke | Marko | Pelowski | Sykora | |
| Bakk | Gleason | Kahn | McCollum | Peterson | Tingelstad | |
| Bishop | Goodno | Kalis | McElroy | Pugh | Tomassoni | |
| Boudreau | Gray | Kelliher | McGuire | Rest | Trimble | |
| Bradley | Greenfield | Kielkucki | Milbert | Rhodes | Tuma | |
| Broecker | Greiling | Knoblach | Molnau | Rifenberg | Tunheim | |
| Carlson | Gunther | Koskinen | Mullery | Rostberg | Van Dellen | |
| Cassell | Haake | Kubly | Murphy | Rukavina | Wagenius | |
| Clark, J. | Haas | Kuisle | Ness | Schumacher | Wejcman | |
| Clark, K. | Hackbarth | Larsen, P. | Nornes | Seagren | Wenzel | |
| Daggett | Harder | Larson, D. | Olson | Seifert, J. | Westerberg | |
| Davids | Hasskamp | Leighton | Opatz | Seifert, M. | Westfall | |
| Dawkins | Hausman | Lenczewski | Orfield | Skoe | Westrom | |
| Dehler | Hilty | Leppik | Osskopp | Skoglund | Winter | |
| Dempsey | Holsten | Lieder | Osthoff | Smith | Wolf | |
| Dorman | Howes | Lindner | Otremba | Solberg | Workman | |
| Dorn | Huntley | Luther | Ozment | Stanek | Spk. Sviggum | |
Those who voted in the negative were:
| Biernat | Chaudhary | Gerlach | Mulder | Wilkin | |
| Buesgens | Entenza | Holberg | Reuter | ||
| Carruthers | Erickson | Krinkie | Vandeveer | ||
The bill was passed, as amended, and its title agreed to.
There being no objection, the order of business reverted to Messages from the Senate.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 718, A bill for an act relating to professions; regulating advanced practice registered nursing; amending Minnesota Statutes 1998, sections 62A.15, subdivision 3a; 148.171; 148.191, subdivision 2; 148.235; 148.261, subdivisions 1 and 5; 148.262, subdivision 1; 148.263, subdivisions 3 and 4; 148.271; 148.281, subdivision 1; 148.283; 245.462, subdivision 18; and 245.4871, subdivision 27; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, chapter 6340.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1825, A bill for an act relating to lawful gambling; specifying locations where pull-tab dispensing machines may be used; requiring certain information to be printed on raffle tickets; authorizing certain tipboard games and tipboard rules; increasing maximum consolation prizes for bingo games; specifying maximum tipboard prizes; amending Minnesota Statutes 1998, sections 349.151, subdivision 4b, and by adding a subdivision; 349.1711, by adding a subdivision; and 349.211, subdivision 2, and by adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Osskopp moved that the House refuse to concur in the Senate amendments to H. F. No. 1825, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 14, A bill for an act relating to education; providing that a person convicted of child abuse or sexual abuse is ineligible to be licensed as a teacher; providing for reconsideration in cases of reversal by a court; amending Minnesota Statutes 1998, sections 122A.20, subdivision 1; 122A.40, subdivisions 5 and 13; 122A.41, subdivision 6; and 631.40, by adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Fuller moved that the House refuse to concur in the Senate amendments to H. F. No. 14, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 746, A bill for an act relating to local government; permitting Grand Rapids to hold their general election in November.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Lessard, Vickerman and Frederickson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Solberg moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 746. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 709, A bill for an act relating to state procurement; authorizing the commissioner of administration to award a preference of as much as six percent in the amount bid for specified goods or services to small businesses; amending Minnesota Statutes 1998, section 16C.16, subdivision 7; repealing Minnesota Rules, part 1230.1860, item A.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Stumpf, Lesewski and Ten Eyck.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Tunheim moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 709. The motion prevailed.
CALENDAR FOR THE DAY
Molnau moved that H. F. No. 1195 be continued on the Calendar for the Day. The motion prevailed.
S. F. No. 891 was reported to the House.
Holberg moved that S. F. No. 891 be returned to the General Register. The motion prevailed.
Broecker moved that the vote whereby S. F. No. 768 was not passed on Friday, May 7, 1999, be now reconsidered.
A roll call was requested and properly seconded.
The question was taken on the Broecker motion and the roll was called. There were 115 yeas and 14 nays as follows:
Those who voted in the affirmative were:
| Abeler | Erhardt | Huntley | Mares | Peterson | Tingelstad | |
| Abrams | Finseth | Jaros | Mariani | Pugh | Tomassoni | |
| Anderson, I. | Folliard | Jennings | Marko | Rest | Trimble | |
| Bakk | Fuller | Johnson | McCollum | Rhodes | Tuma | |
| Biernat | Gleason | Juhnke | McElroy | Rifenberg | Tunheim | |
| Bishop | Goodno | Kahn | McGuire | Rostberg | Van Dellen | |
| Bradley | Gray | Kalis | Milbert | Rukavina | Wagenius | |
| Broecker | Greenfield | Kelliher | Mullery | Schumacher | Wejcman | |
| Carlson | Greiling | Kielkucki | Murphy | Seagren | Wenzel | |
| Carruthers | Gunther | Koskinen | Ness | Seifert, J. | Westerberg | |
| Cassell | Haake | Kubly | Nornes | Seifert, M. | Westfall | |
| Chaudhary | Haas | Kuisle | Opatz | Skoe | Winter | |
| Clark, K. | Hackbarth | Larsen, P. | Osskopp | Skoglund | Wolf | |
| Daggett | Harder | Larson, D. | Osthoff | Smith | Workman | |
| Davids | Hasskamp | Leighton | Otremba | Solberg | Spk. Sviggum | |
| Dawkins | Hausman | Lenczewski | Ozment | Stanek | ||
| Dehler | Hilty | Leppik | Paulsen | Stang | ||
| Dorman | Holberg | Lieder | Pawlenty | Storm | ||
| Dorn | Holsten | Luther | Paymar | Swenson | ||
| Entenza | Howes | Mahoney | Pelowski | Sykora | ||
Those who voted in the negative were:
| Anderson, B. | Erickson | Krinkie | Olson | Westrom | Wilkin | |
| Buesgens | Gerlach | Lindner | Reuter | |||
| Clark, J. | Knoblach | Mulder | Vandeveer | |||
S. F. No. 768 was reported to the House.
S. F. No. 768, A bill for an act relating to Ramsey county; making changes in the personnel process; amending Minnesota Statutes 1998, section 383A.288, by adding a subdivision.
The bill was placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 84 yeas and 48 nays as follows:
Those who voted in the affirmative were:
| Abeler | Entenza | Holberg | Leighton | Opatz | Seifert, J. | |
| Anderson, I. | Erhardt | Holsten | Lenczewski | Orfield | Skoe | |
| Bakk | Folliard | Huntley | Leppik | Osthoff | Skoglund | |
| Biernat | Gleason | Jaros | Lieder | Otremba | Solberg | |
| Boudreau | Gray | Jennings | Luther | Ozment | Tomassoni | |
| Broecker | Greenfield | Johnson | Mahoney | Paymar | Trimble | |
| Carlson | Greiling | Juhnke | Mares | Pelowski | Tunheim | |
| Carruthers | Gunther | Kahn | Mariani | Peterson | Wagenius | |
| Cassell | Haake | Kalis | Marko | Pugh | Wejcman | |
| Chaudhary | Haas | Kelliher | McCollum | Rest | Wenzel | |
| Clark, K. | Harder | Koskinen | McGuire | Rhodes | Winter | |
| Davids | Hasskamp | Kubly | Milbert | Rostberg | Wolf | |
| Dawkins | Hausman | Larsen, P. | Mullery | Rukavina | Workman | |
| Dorn | Hilty | Larson, D. | Murphy | Schumacher | Spk. Sviggum | |
Those who voted in the negative were:
| Abrams | Dorman | Kielkucki | Ness | Seagren | Tingelstad | |
| Anderson, B. | Erickson | Knoblach | Nornes | Seifert, M. | Tuma | |
| Bishop | Finseth | Krinkie | Olson | Smith | Van Dellen | |
| Bradley | Fuller | Kuisle | Osskopp | Stanek | Vandeveer | |
| Buesgens | Gerlach | Lindner | Paulsen | Stang | Westerberg | |
| Clark, J. | Goodno | McElroy | Pawlenty | Storm | Westfall | |
| Daggett | Hackbarth | Molnau | Reuter | Swenson | Westrom | |
| Dehler | Howes | Mulder | Rifenberg | Sykora | Wilkin | |
The bill was passed and its title agreed to.
Wagenius moved that the name of Gleason be added as an author on H. F. No. 2434. The motion prevailed.
Mares moved that the names of Westerberg and Nornes be added as authors on H. F. No. 2440. The motion prevailed.
ANNOUNCEMENTS BY THE SPEAKER
Osskopp, Milbert and Tomassoni.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 23:
Biernat; Seifert, J., and Smith.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 171:
Gray, Davids and Haas.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 346:
Wagenius; Seifert, J., and Boudreau.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 441:
Stanek, Haas and Lieder.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 746:
Solberg, Harder and Otremba.
The Speaker resumed the Chair.
Pawlenty moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, May 11, 1999. The motion prevailed.
Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, May 11, 1999.
Edward A. Burdick, Chief Clerk, House of Representatives