Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6773

STATE OF MINNESOTA

EIGHTY-SECOND SESSION 2002

__________________

SEVENTY-NINTH DAY

Saint Paul, Minnesota, Thursday, March 7, 2002

This Journal as a PDF document

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by Pastor Robert Nieuwendorp, Celebration Community Church, Montrose, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The Speaker called Finseth to the Chair.

The roll was called and the following members were present:

Abeler Dibble Hilstrom Larson Osskopp Solberg
Abrams Dorman Hilty Leighton Osthoff Stanek
Anderson, B. Dorn Holberg Lenczewski Otremba Stang
Anderson, I. Eastlund Holsten Leppik Ozment Swapinski
Bakk Entenza Howes Lieder Paulsen Swenson
Bernardy Erhardt Huntley Lindner Pawlenty Sykora
Biernat Erickson Jacobson Lipman Paymar Thompson
Bishop Evans Jaros Mares Pelowski Tingelstad
Blaine Finseth Jennings Mariani Penas Tuma
Boudreau Folliard Johnson, J. Marko Peterson Vandeveer
Bradley Fuller Johnson, R. Marquart Rhodes Wagenius
Buesgens Gerlach Johnson, S. McElroy Rifenberg Walker
Carlson Gleason Juhnke McGuire Rukavina Walz
Cassell Goodno Kahn Milbert Ruth Wasiluk
Clark, J. Goodwin Kalis Molnau Schumacher Westerberg
Clark, K. Gray Kelliher Mulder Seagren Westrom
Daggett Greiling Kielkucki Mullery Seifert Wilkin
Davids Gunther Knoblach Murphy Sertich Winter
Davnie Haas Koskinen Ness Skoe Wolf
Dawkins Hackbarth Krinkie Nornes Skoglund Workman
Dehler Harder Kubly Olson Slawik Spk. Sviggum
Dempsey Hausman Kuisle Opatz Smith

A quorum was present.

Mahoney was excused.

Pugh was excused until 4:15 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Jacobson 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 - 79th Day - Thursday, March 7, 2002 - Top of Page 6774

REPORTS OF CHIEF CLERK

S. F. No. 2573 and H. F. No. 2748, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Westrom moved that the rules be so far suspended that S. F. No. 2573 be substituted for H. F. No. 2748 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2590 and H. F. No. 2753, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hilty moved that the rules be so far suspended that S. F. No. 2590 be substituted for H. F. No. 2753 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2814 and H. F. No. 3240, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Clark, J., moved that S. F. No. 2814 be substituted for H. F. No. 3240 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2834 and H. F. No. 3074, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Ruth moved that S. F. No. 2834 be substituted for H. F. No. 3074 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3045 and H. F. No. 3373, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Stanek moved that the rules be so far suspended that S. F. No. 3045 be substituted for H. F. No. 3373 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communication was received:


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6775

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2002 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2002 2002

1471 223 2:30 p.m. March 5 March 5

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 1800, A bill for an act relating to liquor; authorizing the cities of Minneapolis, St. Paul, Duluth, and Bloomington to adopt ordinances authorizing on-sales at hotels during certain hours; exempting certain sales from on-sale hours restrictions; amending Minnesota Statutes 2000, section 340A.504, by adding subdivisions.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration without further recommendation.

The report was adopted.

McElroy from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 2561, A bill for an act relating to finance; authorizing the Minneapolis park and recreation board to lease certain property for the repayment of certain state bond expenditures.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Capital Investment.

The report was adopted.


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6776

McElroy from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 2719, A bill for an act relating to higher education; providing for registration of agents of student athletes; defining terms; providing penalties and remedies; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 81A.

Reported the same back with the following amendments:

Page 12, line 1, delete "to the prevailing"

Page 12, line 2, delete "party"

Page 13, line 18, delete "$......." and insert "$9,000"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 2750, A bill for an act relating to economic development; providing extra unemployment benefits for certain workers laid off from the airline and related industries.

Reported the same back with the following amendments:

Page 1, line 9, after "applicant" insert ":

(1)"

Page 1, line 15, after "airport" insert "; or

(2) who was laid off on or after January 1, 2002, due to lack of work from Fingerhut Companies, Incorporated"

Page 1, line 18, after "applicant" insert "described under subdivision 1, clause (1),"

Page 1, line 20, before "if" insert "and an applicant described under subdivision 1, clause (2), is eligible to receive extra unemployment benefits under this section for any week through January 3, 2004,"

Page 3, line 3, delete "March 15, 2003" and insert "January 3, 2004"

Page 3, after line 5, insert:

"Sec. 2. [REPEALER.]

Minnesota Statutes 2000, section 268.085, subdivision 8, is repealed."

Page 3, line 6, delete "2" and insert "3"

Page 3, line 8, after the period, insert "Section 2 is effective the day following final enactment."


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Amend the title as follows:

Page 1, line 4, after "from" insert "Fingerhut Companies, Incorporated, and from" and before the period, insert "; removing eligibility restrictions to receive unemployment benefits for certain school contractors; repealing Minnesota Statutes 2000, section 268.085, subdivision 8"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.

Krinkie from the Committee on State Government Finance to which was referred:

H. F. No. 2968, A bill for an act relating to state government; providing four percent salary decreases for legislators and constitutional officers until June 30, 2004.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

McElroy from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 3169, A bill for an act relating to housing; specifying certain discretionary municipal subdivision authority; providing for housing fiscal impact notes; amending Minnesota Statutes 2000, section 462.358, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 462.

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

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 3206, A bill for an act relating to occupational safety and health; eliminating certain responsibilities of the commissioner of health; increasing penalty limits for certain violations; amending Minnesota Statutes 2000, sections 182.65, subdivision 2; 182.656, subdivision 1; 182.666, subdivision 2.

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

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 3324, A bill for an act relating to housing; affordable housing; providing for accessory dwelling units; requiring municipalities to report separate permit totals for certain types of residential units; amending Minnesota Statutes 2000, sections 462.352, by adding a subdivision; 462.357, by adding a subdivision; 462A.33, by adding a subdivision; Minnesota Statutes 2001 Supplement, section 16B.685.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration without further recommendation.

The report was adopted.


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Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 3340, A bill for an act relating to energy; requiring prevailing wage to be paid on certain energy projects; proposing coding for new law in Minnesota Statutes, chapter 177.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 3614, A bill for an act relating to landlords and tenants; providing for residential tenant reports; increasing a penalty; amending Minnesota Statutes 2000, sections 504B.173, subdivision 4; 504B.245; proposing coding for new law in Minnesota Statutes, chapter 504B.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration without further recommendation.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 3169 and 3206 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 2573, 2590, 2814, 2834 and 3045 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Rifenberg and Dempsey introduced:

H. F. No. 3669, A bill for an act relating to taxation; property tax; establishing a classification for certain places of lodging that are owner-occupied and owner-operated; amending Minnesota Statutes 2001 Supplement, section 273.13, subdivision 25.

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


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Tuma introduced:

H. F. No. 3670, A bill for an act relating to habitual truancy; providing that there is no right to counsel at public expense in child in need of protection or services cases if the sole basis for the petition is habitual truancy; amending Minnesota Statutes 2000, section 260C.163, subdivision 3, as amended; Minnesota Statutes 2001 Supplement, sections 260B.007, subdivision 16, as amended; 260C.141, subdivision 3, as amended.

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

Abeler, Tingelstad and Bernardy introduced:

H. F. No. 3671, A bill for an act relating to taxation; providing a valuation exclusion for certain improvements to commercial property; amending Minnesota Statutes 2000, section 273.11, by adding a subdivision.

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

Abeler and Huntley introduced:

H. F. No. 3672, A bill for an act relating to professions; providing for a clinical nurse specialist waiver; amending Minnesota Statutes 2001 Supplement, section 148.284.

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

Smith introduced:

H. F. No. 3673, A bill for an act relating to higher education; providing for funding accountability; proposing coding for new law in Minnesota Statutes, chapter 135A.

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

Smith introduced:

H. F. No. 3674, A bill for an act relating to taxation; providing that certain property leased to school districts is exempt from taxation; amending Minnesota Statutes 2000, section 272.02, subdivision 42.

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

Anderson, I., introduced:

H. F. No. 3675, A bill for an act relating to tax; property; decreasing the class rate on certain agricultural homestead property; amending Minnesota Statutes 2001 Supplement, section 273.13, subdivision 23.

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


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6780

Rifenberg and Dempsey introduced:

H. F. No. 3676, A bill for an act relating to taxation; providing for property tax classification of property used as a bed and breakfast lodging facility; amending Minnesota Statutes 2001 Supplement, section 273.13, subdivision 22.

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

Stanek and Tuma introduced:

H. F. No. 3677, A bill for an act relating to motor vehicles; authorizing issuance of special "United We Stand" license plates; creating a Minnesota antiterrorism account and requiring annual contributions as a condition of using the special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 3154, 3347, 2971, 3109, 3244 and 2592.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 3154, A bill for an act relating to occupational safety and health; eliminating certain responsibilities of the commissioner of health; increasing penalty limits for certain violations; amending Minnesota Statutes 2000, sections 182.65, subdivision 2; 182.656, subdivision 1; 182.666, subdivision 2.

The bill was read for the first time.

McElroy moved that S. F. No. 3154 and H. F. No. 3206, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3347, A resolution Urging Congress to ensure replacement of Indian trust land in the event of a nuclear incident at Prairie Island.

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


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6781

S. F. No. 2971, A bill for an act relating to state government; state procurement; codifying references relating to competitive bidding for building and construction contracts; amending Minnesota Statutes 2000, section 16C.25; proposing coding for new law in Minnesota Statutes, chapter 16C.

The bill was read for the first time.

Lipman moved that S. F. No. 2971 and H. F. No. 3133, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3109, A bill for an act relating to public safety; permitting municipal police departments to utilize black patrol vehicles; striking references to constables in the law addressing the color of police vehicles; amending Minnesota Statutes 2000, section 169.98, subdivisions 1, 1a, 1b, 3.

The bill was read for the first time.

Stanek moved that S. F. No. 3109 and H. F. No. 3362, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3244, A bill for an act relating to evidence; authorizing electronic signature on certain laboratory blood sample reports; amending Minnesota Statutes 2000, section 634.15, subdivision 1.

The bill was read for the first time.

Tuma moved that S. F. No. 3244 and H. F. No. 2842, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2592, A bill for an act relating to insurance; authorizing the reorganization of a mutual insurance holding company into a stock company; modifying accounting provisions for certain ceding transactions; amending Minnesota Statutes 2000, sections 60A.075; 60A.09, subdivision 5.

The bill was read for the first time.

Entenza moved that S. F. No. 2592 and H. F. No. 2763, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

REPORT FROM THE COMMITTEE ON RULES AND

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 for Thursday, March 7, 2002:

H. F. Nos. 2933, 2796, 2643, 3125, 2766, 2884, 2792, 2570, 2813, 2531, 3189, 3275, 3133 and 1097.

CALENDAR FOR THE DAY

H. F. No. 2933 was reported to the House.

Stang moved that H. F. No. 2933 be temporarily laid over on the Calendar for the Day. The motion prevailed.


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6782

H. F. No. 2796, A bill for an act relating to local government; authorizing the city of Minneapolis to construct a new asphalt plant as part of a joint venture with a private enterprise; requiring local approval.

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 127 yeas and 4 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holberg Leppik Ozment Swapinski
Abrams Eastlund Holsten Lieder Paulsen Swenson
Anderson, I. Entenza Howes Lindner Pawlenty Sykora
Bakk Erhardt Huntley Lipman Paymar Thompson
Bernardy Erickson Jacobson Mares Pelowski Tingelstad
Biernat Evans Jaros Mariani Penas Tuma
Bishop Finseth Jennings Marko Peterson Vandeveer
Blaine Folliard Johnson, J. Marquart Rhodes Wagenius
Boudreau Fuller Johnson, R. McElroy Rifenberg Walker
Bradley Gerlach Johnson, S. McGuire Rukavina Walz
Carlson Gleason Juhnke Milbert Ruth Wasiluk
Cassell Goodno Kahn Molnau Schumacher Westerberg
Clark, J. Goodwin Kalis Mulder Seagren Westrom
Clark, K. Gray Kelliher Mullery Seifert Wilkin
Daggett Greiling Kielkucki Murphy Sertich Winter
Davids Gunther Knoblach Ness Skoe Wolf
Davnie Haas Koskinen Nornes Skoglund Spk. Sviggum
Dawkins Hackbarth Kubly Olson Slawik
Dehler Harder Kuisle Opatz Smith
Dempsey Hausman Larson Osskopp Solberg
Dibble Hilstrom Leighton Osthoff Stanek
Dorman Hilty Lenczewski Otremba Stang

Those who voted in the negative were:

Anderson, B. Buesgens Krinkie Workman

The bill was passed and its title agreed to.

The Speaker resumed the Chair.

H. F. No. 2643, A bill for an act relating to motor vehicles; authorizing sale of unauthorized, impounded vehicles within 15 days of notice unless owner declares intent to reclaim; amending Minnesota Statutes 2000, section 168B.051, subdivisions 1a, 2.

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.


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Pursuant to rule 2.05, the Speaker excused Hilstrom from voting on final passage of H. F. No. 2643.

There were 39 yeas and 91 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dehler Hackbarth Lindner Ozment Westerberg
Bishop Dempsey Holberg Lipman Penas Westrom
Bradley Dorman Holsten McElroy Stang Workman
Buesgens Erickson Johnson, J. Molnau Swenson Spk. Sviggum
Cassell Finseth Juhnke Mulder Tuma
Clark, J. Fuller Krinkie Olson Vandeveer
Davids Gerlach Kuisle Osskopp Walz

Those who voted in the negative were:

Abeler Entenza Jacobson Lieder Paymar Stanek
Abrams Erhardt Jaros Mares Pelowski Swapinski
Anderson, I. Evans Jennings Mariani Peterson Sykora
Bakk Folliard Johnson, R. Marko Rhodes Thompson
Bernardy Gleason Johnson, S. Marquart Rifenberg Tingelstad
Biernat Goodno Kahn McGuire Rukavina Wagenius
Blaine Goodwin Kalis Milbert Ruth Walker
Boudreau Gray Kelliher Mullery Schumacher Wasiluk
Carlson Greiling Kielkucki Murphy Seagren Wilkin
Clark, K. Gunther Knoblach Ness Seifert Winter
Daggett Haas Koskinen Nornes Sertich Wolf
Davnie Harder Kubly Opatz Skoe
Dawkins Hausman Larson Osthoff Skoglund
Dibble Hilty Leighton Otremba Slawik
Dorn Howes Lenczewski Paulsen Smith
Eastlund Huntley Leppik Pawlenty Solberg

The bill was not passed.

MOTION FOR RECONSIDERATION

Pawlenty moved that the vote whereby H. F. No. 2643 was not passed be now reconsidered.

A roll call was requested and properly seconded.

The question was taken on the Pawlenty motion and the roll was called.

Pursuant to rule 2.05, the Speaker excused Hilstrom from voting on any actions relating to H. F. No. 2643.

There were 114 yeas and 14 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lenczewski Otremba Solberg
Abrams Dorn Holsten Leppik Ozment Stanek
Anderson, B. Eastlund Howes Lieder Paulsen Stang
Bakk Entenza Huntley Lindner Pawlenty Swapinski
Bishop Erhardt Jacobson Lipman Paymar Swenson
Blaine Erickson Jaros Mares Pelowski Sykora
Boudreau Evans Jennings Mariani Penas Tingelstad
Bradley Finseth Johnson, J. Marquart Peterson Tuma
Buesgens Folliard Johnson, R. McElroy Rhodes Vandeveer
Carlson Fuller Juhnke McGuire Rifenberg Wagenius
Cassell Gerlach Kahn Milbert Rukavina Walz
Clark, J. Goodno Kelliher Molnau Ruth Wasiluk
Clark, K. Gray Kielkucki Mulder Seagren Westerberg
Daggett Gunther Knoblach Mullery Seifert Westrom
Davids Haas Krinkie Ness Sertich Wilkin
Davnie Hackbarth Kubly Nornes Skoe Winter
Dehler Harder Kuisle Olson Skoglund Wolf
Dempsey Hausman Larson Opatz Slawik Workman

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Dibble Hilty Leighton Osskopp Smith Spk. Sviggum

Those who voted in the negative were:

Anderson, I. Gleason Johnson, S. Murphy Thompson Walker
Bernardy Goodwin Koskinen Osthoff
Biernat Greiling Marko Schumacher

The motion prevailed.

Pawlenty moved that H. F. No. 2643 be returned to the General Register. The motion prevailed.

H. F. No. 2933, which was temporarily laid over earlier today on the Calendar for the Day, was again reported to the House.

Stang moved that H. F. No. 2933 be continued on the Calendar for the Day. The motion prevailed.

H. F. No. 3125 was reported to the House.

Wolf, Jennings, Gunther and Davids moved to amend H. F. No. 3125, the first engrossment, as follows:

Page 2, after line 3, insert:

"Sec. 2. [237.101] [ELECTRONIC BILLING.]

A telephone company may provide a customer's periodic account statement to the customer in electronic format in lieu of paper format if the customer has authorized the electronic format in writing."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.


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Cassell, Wolf, Jennings and Gunther moved to amend H. F. No. 3125, the first engrossment, as amended, as follows:

Page 3, after line 9, insert:

"Sec. 5. [JOINT VENTURE AUTHORITY.]

(a) The city of Alexandria may enter into a joint venture with Runestone Telephone Association and Runestone Electric Association for the purpose of providing local niche service, including internet services, and point to point transmission of digital information.

(b) For purposes of this section, with respect to the services described in paragraph (a), the city of Alexandria and a joint venture to which it is a party shall have the rights and authority granted by, and be subject to, Minnesota Statutes 2001 Supplement, section 452.25, except for the provisions of that section which relate specifically and only to electric utilities.

(c) For the purposes of this section, "local niche service" refers to point-to-point connections between end-user locations within a service area and any telecommunications services under the public utilities commission's jurisdiction under Minnesota Statutes, chapter 237 that do not fall within the definition of local service or the definition of interexchange service.

Sec. 6. [EFFECTIVE DATE; LOCAL APPROVAL.]

Section 5 is effective as to the city of Alexandria the day after the city of Alexandria's governing body and its chief clerical officer timely completes their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Anderson, I., moved to amend H. F. No. 3125, the first engrossment, as amended, as follows:

Page 3, after line 9, insert:

"Sec. 5. [237.664] [NO LONG DISTANCE CHARGE FOR CALL WITHIN SCHOOL DISTRICT.]

Notwithstanding any law, rule, or order to the contrary, no provider of long distance telephone service may charge a toll, or impose any extra charge of any kind, for telephone calls originating and terminating within any single school district in the state. For purposes of this section, if two or more local telephone exchanges provide local telephone service wholly or partially within a school district, the entire school district is deemed to be within the local calling area of each of those exchanges."

Amend the title as follows:

Page 1, line 8, after the semicolon, insert "prohibiting toll charges for telephone calls originating and terminating within a school district;"

Page 1, line 12, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 237"

A roll call was requested and properly seconded.


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Milbert was excused between the hours of 3:45 p.m. and 4:55 p.m.

The question was taken on the Anderson, I., amendment and the roll was called. There were 61 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Evans Jennings Lenczewski Paymar Swapinski
Bakk Folliard Johnson, R. Lieder Pelowski Thompson
Bernardy Gleason Johnson, S. Mariani Peterson Wagenius
Biernat Goodwin Juhnke Marko Rukavina Walker
Carlson Gray Kahn Marquart Schumacher Wasiluk
Clark, K. Greiling Kalis McGuire Sertich Winter
Davnie Hausman Kelliher Mullery Skoe
Dawkins Hilstrom Koskinen Murphy Skoglund
Dibble Hilty Kubly Opatz Slawik
Dorn Huntley Larson Osthoff Smith
Entenza Jaros Leighton Otremba Solberg

Those who voted in the negative were:

Abeler Dehler Hackbarth Lindner Penas Vandeveer
Abrams Dempsey Harder Lipman Rhodes Walz
Anderson, B. Dorman Holberg Mares Rifenberg Westerberg
Bishop Eastlund Holsten McElroy Ruth Westrom
Blaine Erhardt Howes Molnau Seagren Wilkin
Boudreau Erickson Jacobson Mulder Seifert Wolf
Bradley Finseth Johnson, J. Nornes Stanek Workman
Buesgens Fuller Kielkucki Olson Stang Spk. Sviggum
Cassell Gerlach Knoblach Osskopp Swenson
Clark, J. Goodno Krinkie Ozment Sykora
Daggett Gunther Kuisle Paulsen Tingelstad
Davids Haas Leppik Pawlenty Tuma

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

Jennings and Wolf moved to amend H. F. No. 3125, the first engrossment, as amended, as follows:

Page 1, delete lines 14 to 29

Page 2, delete lines 1 to 3

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.


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H. F. No. 3125, A bill for an act relating to telecommunications; authorizing periodic account statements in electronic format; changing name of telecommunications access for communication-impaired persons program to telecommunications access Minnesota program; modifying and clarifying provisions for contracting the telecommunication relay system; allowing the city of Alexandria to enter into a joint venture; amending Minnesota Statutes 2000, section 237.52, subdivision 1; Minnesota Statutes 2001 Supplement, sections 237.51, subdivision 1; 237.54, subdivision2; proposing coding for new law in Minnesota Statutes, chapter 237.

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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilstrom Larson Osthoff Stanek
Abrams Dorman Hilty Leighton Otremba Stang
Anderson, B. Dorn Holberg Lenczewski Ozment Swapinski
Anderson, I. Eastlund Holsten Leppik Paulsen Swenson
Bakk Entenza Howes Lieder Pawlenty Sykora
Bernardy Erhardt Huntley Lindner Paymar Thompson
Biernat Erickson Jacobson Lipman Pelowski Tingelstad
Bishop Evans Jaros Mares Penas Tuma
Blaine Finseth Jennings Mariani Peterson Vandeveer
Boudreau Folliard Johnson, J. Marko Rhodes Wagenius
Bradley Fuller Johnson, R. Marquart Rifenberg Walker
Buesgens Gerlach Johnson, S. McElroy Rukavina Walz
Carlson Gleason Juhnke McGuire Ruth Wasiluk
Cassell Goodno Kahn Molnau Schumacher Westerberg
Clark, J. Goodwin Kalis Mulder Seagren Westrom
Clark, K. Gray Kelliher Mullery Seifert Wilkin
Daggett Greiling Kielkucki Murphy Sertich Winter
Davids Gunther Knoblach Ness Skoe Wolf
Davnie Haas Koskinen Nornes Skoglund Workman
Dawkins Hackbarth Krinkie Olson Slawik Spk. Sviggum
Dehler Harder Kubly Opatz Smith
Dempsey Hausman Kuisle Osskopp Solberg

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

H. F. No. 2766, A bill for an act relating to motor vehicle fuel franchises; removing an expiration date; amending Minnesota Statutes 2001 Supplement, section 80C.147.

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:

Abeler Dibble Hilstrom Larson Osthoff Stanek
Abrams Dorman Hilty Leighton Otremba Stang
Anderson, B. Dorn Holberg Lenczewski Ozment Swapinski
Anderson, I. Eastlund Holsten Leppik Paulsen Swenson
Bakk Entenza Howes Lieder Pawlenty Sykora
Bernardy Erhardt Huntley Lindner Paymar Thompson
Biernat Erickson Jacobson Lipman Pelowski Tingelstad
Bishop Evans Jaros Mares Penas Tuma
Blaine Finseth Jennings Mariani Peterson Vandeveer
Boudreau Folliard Johnson, J. Marko Rhodes Wagenius
Bradley Fuller Johnson, R. Marquart Rifenberg Walker
Buesgens Gerlach Johnson, S. McElroy Rukavina Walz
Carlson Gleason Juhnke McGuire Ruth Wasiluk
Cassell Goodno Kahn Molnau Schumacher Westerberg
Clark, J. Goodwin Kalis Mulder Seagren Westrom
Clark, K. Gray Kelliher Mullery Seifert Wilkin
Daggett Greiling Kielkucki Murphy Sertich Winter
Davids Gunther Knoblach Ness Skoe Wolf

Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6788
Davnie Haas Koskinen Nornes Skoglund Workman
Dawkins Hackbarth Krinkie Olson Slawik Spk. Sviggum
Dehler Harder Kubly Opatz Smith
Dempsey Hausman Kuisle Osskopp Solberg

The bill was passed and its title agreed to.

H. F. No. 2884 was reported to the House.

Mulder moved to amend H. F. No. 2884, the first engrossment, as follows:

Page 2, line 6, after "(b)" insert "Notwithstanding any other law to the contrary, if a person found guilty of a violation of a weight limit imposed under this section or sections 169.825, 169.832 to 169.851, or 169.87 is also found by the court to have knowingly and contemporaneously attempted to evade a fixed weigh station or to otherwise avoid weighing by means of stationary scales under section 169.85 or other law, the court shall impose a penalty of twice the amount otherwise authorized under paragraph (a).

(c)"

Page 2, line 18, delete "(c)" and insert "(d)"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 2884, A bill for an act relating to traffic regulations; modifying imposition of civil fine for excessive gross weight; amending Minnesota Statutes 2000, sections 169.871, subdivision 1; 169.872, subdivision 1, by adding a subdivision.

The bill was read for the third time, as amended, and placed upon its final passage.


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The question was taken on the passage of the bill and the roll was called. There were 94 yeas and 36 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holberg Lindner Pelowski Swenson
Anderson, B. Dorman Holsten Lipman Penas Sykora
Anderson, I. Dorn Howes Mares Peterson Thompson
Bakk Eastlund Jacobson Marquart Pugh Tingelstad
Bernardy Entenza Jaros McElroy Rhodes Tuma
Bishop Erhardt Johnson, J. Molnau Rifenberg Vandeveer
Blaine Erickson Juhnke Mulder Rukavina Walz
Boudreau Finseth Kielkucki Ness Ruth Wasiluk
Bradley Fuller Knoblach Nornes Schumacher Westerberg
Buesgens Gerlach Krinkie Olson Seagren Wilkin
Carlson Goodno Kubly Opatz Seifert Winter
Cassell Goodwin Kuisle Osskopp Sertich Wolf
Clark, J. Gunther Larson Otremba Skoe Workman
Daggett Haas Leighton Ozment Solberg Spk. Sviggum
Davids Hackbarth Leppik Paulsen Stanek
Dehler Harder Lieder Pawlenty Stang

Those who voted in the negative were:

Abrams Evans Hilstrom Kahn Marko Slawik
Biernat Folliard Hilty Kalis McGuire Smith
Clark, K. Gleason Huntley Kelliher Mullery Swapinski
Davnie Gray Jennings Koskinen Murphy Wagenius
Dawkins Greiling Johnson, R. Lenczewski Paymar Walker
Dibble Hausman Johnson, S. Mariani Skoglund Westrom

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

H. F. No. 2792 was reported to the House.

Holsten moved to amend H. F. No. 2792, the first engrossment, as follows:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 2000, section 115A.9561, subdivision 2, is amended to read:

Subd. 2. [RECYCLING REQUIRED.] Major appliances must be recycled or reused. Each county shall ensure that its households have the opportunity to recycle used major appliances. For the purposes of this section, recycling includes:

(1) the removal of capacitors that may contain PCBs;

(2) the removal of ballasts that may contain PCBs;


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6790

(3) the removal of chlorofluorocarbon refrigerant gas; and

(4) the recycling or reuse of the metals, including mercury.

Activities described in clauses 1 to 3 must be conducted in a closed facility, to ensure that the materials removed from a major appliance are not introduced into the environment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 2792,A bill for an act relating to the environment; providing for recycling of certain appliances; providing indemnification of municipalities participating in household hazardous waste programs; amending Minnesota Statutes 2000, sections 115A.9561, subdivision 2; 115A.96, subdivision 1, by adding a subdivision.

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 124 yeas and 6 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Holberg Lenczewski Otremba Stanek
Anderson, B. Entenza Holsten Leppik Ozment Stang
Anderson, I. Erhardt Howes Lieder Pawlenty Swapinski
Bakk Erickson Huntley Lindner Paymar Swenson
Bernardy Evans Jacobson Lipman Pelowski Sykora
Biernat Finseth Jaros Mares Penas Thompson
Bishop Folliard Jennings Mariani Peterson Tingelstad
Blaine Fuller Johnson, J. Marko Pugh Tuma
Boudreau Gerlach Johnson, R. Marquart Rhodes Vandeveer
Bradley Gleason Johnson, S. McElroy Rifenberg Wagenius
Carlson Goodno Juhnke McGuire Rukavina Walker
Cassell Goodwin Kahn Molnau Ruth Walz
Clark, K. Gray Kalis Mulder Schumacher Wasiluk
Daggett Greiling Kelliher Mullery Seagren Westrom
Davids Gunther Kielkucki Murphy Seifert Wilkin
Davnie Haas Knoblach Ness Sertich Winter
Dawkins Hackbarth Koskinen Nornes Skoe Wolf
Dempsey Harder Kubly Olson Skoglund Workman
Dibble Hausman Kuisle Opatz Slawik Spk. Sviggum
Dorman Hilstrom Larson Osskopp Smith
Dorn Hilty Leighton Osthoff Solberg

Those who voted in the negative were:

Buesgens Clark, J. Dehler Krinkie Paulsen Westerberg

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


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H. F. No. 2570, A bill for an act relating to insurance; providing that automobile insurance may cover damage to automotive glass on the same basis as damage to other parts of an automobile; amending Minnesota Statutes 2000, section 72A.201, subdivision 6; repealing Minnesota Statutes 2000, section 72A.202.

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 129 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilty Lenczewski Ozment Stang
Abrams Dorman Holberg Leppik Paulsen Swapinski
Anderson, B. Dorn Holsten Lieder Pawlenty Swenson
Anderson, I. Eastlund Howes Lindner Paymar Sykora
Bakk Entenza Huntley Lipman Pelowski Thompson
Bernardy Erhardt Jacobson Mares Penas Tingelstad
Biernat Erickson Jaros Mariani Peterson Tuma
Bishop Evans Jennings Marko Pugh Vandeveer
Blaine Finseth Johnson, J. Marquart Rhodes Wagenius
Boudreau Folliard Johnson, R. McElroy Rifenberg Walker
Bradley Gerlach Johnson, S. McGuire Rukavina Walz
Buesgens Gleason Juhnke Milbert Ruth Wasiluk
Carlson Goodno Kahn Molnau Schumacher Westerberg
Cassell Goodwin Kalis Mulder Seagren Westrom
Clark, J. Gray Kelliher Mullery Seifert Wilkin
Clark, K. Greiling Kielkucki Murphy Sertich Winter
Daggett Gunther Knoblach Ness Skoe Wolf
Davids Haas Koskinen Nornes Skoglund Workman
Davnie Hackbarth Kubly Olson Slawik Spk. Sviggum
Dawkins Harder Kuisle Opatz Smith
Dehler Hausman Larson Osskopp Solberg
Dempsey Hilstrom Leighton Otremba Stanek

Those who voted in the negative were:

Fuller Krinkie Osthoff

The bill was passed and its title agreed to.

H. F. No. 2813, A bill for an act relating to human services; requiring child care providers to develop policies for reporting suspected child maltreatment; requiring child care licenses to contain certain information; proposing coding for new law in Minnesota Statutes, chapter 245A.

The bill was read for the third time and placed upon its final passage.


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6792

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilstrom Larson Osskopp Smith
Abrams Dorman Hilty Leighton Osthoff Solberg
Anderson, B. Dorn Holberg Lenczewski Otremba Stanek
Anderson, I. Eastlund Holsten Leppik Ozment Stang
Bakk Entenza Howes Lieder Paulsen Swapinski
Bernardy Erhardt Huntley Lindner Pawlenty Swenson
Biernat Erickson Jacobson Lipman Paymar Sykora
Bishop Evans Jaros Mares Pelowski Thompson
Blaine Finseth Jennings Mariani Penas Tingelstad
Boudreau Folliard Johnson, J. Marko Peterson Tuma
Bradley Fuller Johnson, R. Marquart Pugh Vandeveer
Buesgens Gerlach Johnson, S. McElroy Rhodes Wagenius
Carlson Gleason Juhnke McGuire Rifenberg Walker
Cassell Goodno Kahn Milbert Rukavina Walz
Clark, J. Goodwin Kalis Molnau Ruth Wasiluk
Clark, K. Gray Kelliher Mulder Schumacher Westerberg
Daggett Greiling Kielkucki Mullery Seagren Westrom
Davids Gunther Knoblach Murphy Seifert Wilkin
Davnie Haas Koskinen Ness Sertich Winter
Dawkins Hackbarth Krinkie Nornes Skoe Wolf
Dehler Harder Kubly Olson Skoglund Workman
Dempsey Hausman Kuisle Opatz Slawik Spk. Sviggum

The bill was passed and its title agreed to.

H. F. No. 2531 was reported to the House.

Goodno moved to amend H. F. No. 2531, the first engrossment, as follows:

Page 5, line 28, delete the new language

Page 5, delete lines 29 to 31

Page 5, line 32, delete the new language

Page 7, line 26, delete the new language

Page 7, delete lines 27 and 28

Page 7, line 29, delete the new language

Page 12, line 34, delete everything after the period

Page 12, delete lines 35 and 36


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6793

Page 13, line 2, delete "treatment" and insert "disease"

Page 17, line 10, delete everything after "thereunder"

Page 17, delete lines 11 and 12

Page 17, line 13, delete everything before the semicolon

Page 17, line 36, delete "For"

Page 18, delete lines 1 to 5

Page 18, line 27, delete "to be set" and insert "as follows:"

Page 18, delete lines 28 to 31 and insert:

"(1) for revenues no more than $25,000, $125;

(2) for revenues greater than $25,000 and no more than $100,000, $312.50;

(3) for revenues greater than $100,000 and no more than $250,000, $625;

(4) for revenues greater than $250,000 and no more than $350,000, $937.50;

(5) for revenues greater than $350,000 and no more than $450,000, $1,250;

(6) for revenues greater than $450,000 and no more then $550,000, $1,562.50;

(7) for revenues greater than $550,000 and no more than $650,000, $1,875;

(8) for revenues greater than $650,000 and no more than $750,000, $2,187.50;

(9) for revenues greater then $750,000 and no more than $850,000, $2,500;

(10) for revenues greater than $850,000 and no more then $950,000, $2,812.50;

(11) for revenues greater than $950,000 and no more than $1,100,000, $3,125;

(12) for revenues greater than $1,100,000 and no more the $1,275,000, $3,750;

(13) for revenues greater than $1,275,000 and no more than $1,500,000, $4,375; and

(14) for revenues greater than $1,500,000, $5,000."

Page 19, line 1, after "settings" insert "and make other services available, which may be provided by employees or contracted staff"

The motion prevailed and the amendment was adopted.


Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6794

H. F. No. 2531, A bill for an act relating to health; regulating hospice care providers; providing criminal penalties; amending Minnesota Statutes 2000, sections 13.381, subdivision 10; 144A.43, subdivisions 1, 3, 4; 144A.45, subdivisions 1, 2; 144A.46, subdivisions 3a, 3b, 4; 144A.4605, subdivisions 2, 3; 145C.01, subdivision 7; 157.17, subdivision 2; 609.7495, subdivision 1; 626.5572, subdivision 6; Minnesota Statutes 2001 Supplement, section 144A.4605, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 2000, section 144A.48.

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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilty Leighton Osthoff Solberg
Abrams Dorman Holberg Lenczewski Otremba Stanek
Anderson, B. Dorn Holsten Leppik Ozment Stang
Anderson, I. Eastlund Howes Lieder Paulsen Swapinski
Bakk Entenza Huntley Lindner Pawlenty Swenson
Bernardy Erhardt Jacobson Lipman Paymar Sykora
Biernat Erickson Jaros Mares Pelowski Thompson
Bishop Evans Jennings Mariani Penas Tingelstad
Blaine Finseth Johnson, J. Marko Peterson Tuma
Boudreau Folliard Johnson, R. Marquart Pugh Vandeveer
Bradley Fuller Johnson, S. McElroy Rhodes Wagenius
Buesgens Gerlach Juhnke McGuire Rifenberg Walker
Carlson Gleason Kahn Milbert Rukavina Walz
Cassell Goodno Kalis Molnau Ruth Wasiluk
Clark, J. Goodwin Kelliher Mulder Schumacher Westerberg
Clark, K. Greiling Kielkucki Mullery Seagren Westrom
Daggett Gunther Knoblach Murphy Seifert Wilkin
Davids Haas Koskinen Ness Sertich Winter
Davnie Hackbarth Krinkie Nornes Skoe Wolf
Dawkins Harder Kubly Olson Skoglund Workman
Dehler Hausman Kuisle Opatz Slawik Spk. Sviggum
Dempsey Hilstrom Larson Osskopp Smith

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

H. F. No. 3189, A bill for an act relating to motor vehicles; defining street-sweeping vehicles as special mobile equipment for vehicle registration purposes; amending Minnesota Statutes 2000, section 168.011, subdivision 22.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilstrom Larson Osskopp Smith
Abrams Dorman Hilty Leighton Osthoff Solberg
Anderson, B. Dorn Holberg Lenczewski Otremba Stanek
Anderson, I. Eastlund Holsten Leppik Ozment Stang
Bakk Entenza Howes Lieder Paulsen Swapinski
Bernardy Erhardt Huntley Lindner Pawlenty Swenson
Biernat Erickson Jacobson Lipman Paymar Sykora
Bishop Evans Jaros Mares Pelowski Thompson
Blaine Finseth Jennings Mariani Penas Tingelstad
Boudreau Folliard Johnson, J. Marko Peterson Tuma
Bradley Fuller Johnson, R. Marquart Pugh Vandeveer
Buesgens Gerlach Johnson, S. McElroy Rhodes Wagenius
Carlson Gleason Juhnke McGuire Rifenberg Walker
Cassell Goodno Kahn Milbert Rukavina Walz
Clark, J. Goodwin Kalis Molnau Ruth Wasiluk
Clark, K. Gray Kelliher Mulder Schumacher Westerberg
Daggett Greiling Kielkucki Mullery Seagren Westrom
Davids Gunther Knoblach Murphy Seifert Wilkin

Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6795
Davnie Haas Koskinen Ness Sertich Winter
Dawkins Hackbarth Krinkie Nornes Skoe Wolf
Dehler Harder Kubly Olson Skoglund Workman
Dempsey Hausman Kuisle Opatz Slawik Spk. Sviggum

The bill was passed and its title agreed to.

Molnau moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Jacobson moved that the name of Penas be added as an author on H. F. No. 3004. The motion prevailed.

Mariani moved that the name of Hausman be added as an author on H. F. No. 3144. The motion prevailed.

Abeler moved that the name of Bernardy be added as an author on H. F. No. 3295. The motion prevailed.

Wilkin moved that H. F. No. 2568 be recalled from the Committee on State Government Finance and be re-referred to the Committee on Transportation Finance. The motion prevailed.

Ozment moved that H. F. No. 2815, now on the General Register, be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.

Seagren moved that H. F. No. 3166, now on the General Register, be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

Jacobson moved that H. F. No. 3236, now on the General Register, be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

McElroy moved that H. F. No. 3648 be recalled from the Committee on Commerce, Jobs and Economic Development and be re-referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.

Bishop moved that S. F. No. 107 be recalled from the Committee on State Government Finance and be re- referred to the Committee on Capital Investment. The motion prevailed.


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Westerberg moved that H. F. No. 3653 be returned to its author. The motion prevailed.

Pursuant to rule 4.30, Skoe moved that H. F. No. 3186 be recalled from the Committee on Taxes, be given its second reading, and be placed on the General Register.

A roll call was requested and properly seconded.

LAY ON THE TABLE

Abrams moved that the Skoe motion be laid on the table.

A roll call was requested and properly seconded.

CALL OF THE HOUSE

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

Abeler Dibble Holberg Lenczewski Paulsen Swapinski
Abrams Dorn Holsten Leppik Pawlenty Swenson
Anderson, B. Eastlund Howes Lieder Paymar Sykora
Anderson, I. Entenza Huntley Lindner Pelowski Thompson
Bakk Erhardt Jacobson Lipman Penas Tingelstad
Bernardy Erickson Jaros Mares Peterson Tuma
Biernat Evans Jennings Marko Pugh Vandeveer
Bishop Folliard Johnson, J. Marquart Rhodes Wagenius
Blaine Fuller Johnson, R. McElroy Rifenberg Walker
Boudreau Gerlach Johnson, S. McGuire Rukavina Walz
Bradley Gleason Juhnke Milbert Ruth Wasiluk
Buesgens Goodno Kahn Molnau Schumacher Westerberg
Carlson Goodwin Kalis Mulder Seagren Westrom
Cassell Gray Kelliher Mullery Seifert Wilkin
Clark, J. Greiling Kielkucki Murphy Sertich Winter
Clark, K. Gunther Knoblach Ness Skoe Wolf
Daggett Haas Koskinen Nornes Skoglund Workman
Davids Hackbarth Krinkie Olson Slawik Spk. Sviggum
Davnie Harder Kubly Opatz Smith
Dawkins Hausman Kuisle Osskopp Solberg
Dehler Hilstrom Larson Otremba Stanek
Dempsey Hilty Leighton Ozment Stang

Pawlenty 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.

The question recurred on the Abrams motion and the roll was called. There were 67 yeas and 65 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holberg Mares Rifenberg Walz
Abrams Dorman Holsten McElroy Ruth Westerberg
Anderson, B. Eastlund Howes Molnau Seagren Westrom
Bishop Erhardt Jacobson Mulder Seifert Wilkin
Boudreau Erickson Johnson, J. Ness Smith Wolf
Bradley Fuller Kielkucki Nornes Stanek Workman

Journal of the House - 79th Day - Thursday, March 7, 2002 - Top of Page 6797
Buesgens Gerlach Knoblach Olson Stang Spk. Sviggum
Cassell Goodno Krinkie Osskopp Swenson
Clark, J. Gunther Kuisle Ozment Sykora
Daggett Haas Leppik Paulsen Tingelstad
Davids Hackbarth Lindner Pawlenty Tuma
Dehler Harder Lipman Rhodes Vandeveer

Those who voted in the negative were:

Anderson, I. Entenza Huntley Larson Opatz Skoe
Bakk Evans Jaros Leighton Osthoff Skoglund
Bernardy Finseth Jennings Lenczewski Otremba Slawik
Biernat Folliard Johnson, R. Lieder Paymar Solberg
Blaine Gleason Johnson, S. Mariani Pelowski Swapinski
Carlson Goodwin Juhnke Marko Penas Thompson
Clark, K. Gray Kahn Marquart Peterson Wagenius
Davnie Greiling Kalis McGuire Pugh Walker
Dawkins Hausman Kelliher Milbert Rukavina Wasiluk
Dibble Hilstrom Koskinen Mullery Schumacher Winter
Dorn Hilty Kubly Murphy Sertich

The motion prevailed and the Skoe motion was laid on the table.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 9:30 a.m., Friday, March 8, 2002. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Friday, March 8, 2002.

Edward A. Burdick, Chief Clerk, House of Representatives


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