EIGHTY-SECOND SESSION 2001
__________________
THIRTY-SIXTH DAY
Saint Paul, Minnesota, Thursday, April 19, 2001
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 Darryl Knappen, First Baptist Church, Alexandria, Minnesota.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The roll was called and the following members were present:
| Abeler | Dorman | Holsten | Leppik | Osthoff | Solberg | |
| Abrams | Dorn | Howes | Lieder | Otremba | Stanek | |
| Anderson, B. | Eastlund | Huntley | Lindner | Ozment | Swapinski | |
| Anderson, I. | Entenza | Jacobson | Lipman | Paulsen | Swenson | |
| Bakk | Erhardt | Jaros | Luther | Pawlenty | Sykora | |
| Bernardy | Erickson | Jennings | Mahoney | Paymar | Thompson | |
| Biernat | Evans | Johnson, J. | Mares | Pelowski | Tingelstad | |
| Bishop | Folliard | Johnson, R. | Mariani | Penas | Tuma | |
| Boudreau | Fuller | Johnson, S. | Marko | Peterson | Vandeveer | |
| Bradley | Gerlach | Juhnke | Marquart | Pugh | Wagenius | |
| Buesgens | Gleason | Kahn | McElroy | Rhodes | Walker | |
| Carlson | Goodno | Kalis | McGuire | Rifenberg | Walz | |
| Cassell | Goodwin | Kelliher | Milbert | Rukavina | Wasiluk | |
| Clark, J. | Greiling | Kielkucki | Molnau | Ruth | Wenzel | |
| Clark, K. | Gunther | Knoblach | Mulder | Schumacher | Westerberg | |
| Daggett | Haas | Koskinen | Mullery | Seagren | Westrom | |
| Davids | Hackbarth | Krinkie | Murphy | Seifert | Wilkin | |
| Davnie | Harder | Kubly | Ness | Sertich | Winter | |
| Dawkins | Hausman | Kuisle | Nornes | Skoe | Wolf | |
| Dehler | Hilstrom | Larson | Olson | Skoglund | Workman | |
| Dempsey | Hilty | Leighton | Opatz | Slawik | Spk. Sviggum | |
| Dibble | Holberg | Lenczewski | Osskopp | Smith | ||
A quorum was present.
Finseth and Stang were excused.
Gray was excused until 4:00 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Fuller moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 780 and H. F. No. 1537, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Lipman moved that the rules be so far suspended that S. F. No. 780 be substituted for H. F. No. 1537 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 824 and H. F. No. 935, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Goodno moved that the rules be so far suspended that S. F. No. 824 be substituted for H. F. No. 935 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 849 and H. F. No. 1410, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Gunther moved that the rules be so far suspended that S. F. No. 849 be substituted for H. F. No. 1410 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 861 and H. F. No. 1808, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Clark, J., moved that S. F. No. 861 be substituted for H. F. No. 1808 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 986 and H. F. No. 1069, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Osskopp moved that the rules be so far suspended that S. F. No. 986 be substituted for H. F. No. 1069 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1008 and H. F. No. 1021, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Buesgens moved that the rules be so far suspended that S. F. No. 1008 be substituted for H. F. No. 1021 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1090 and H. F. No. 1409, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Jacobson moved that S. F. No. 1090 be substituted for H. F. No. 1409 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1297 and H. F. No. 1908, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
McGuire moved that S. F. No. 1297 be substituted for H. F. No. 1908 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1432 and H. F. No. 1465, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Stanek moved that S. F. No. 1432 be substituted for H. F. No. 1465 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1544 and H. F. No. 1948, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Molnau moved that the rules be so far suspended that S. F. No. 1544 be substituted for H. F. No. 1948 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1583 and H. F. No. 1516, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Hilstrom moved that S. F. No. 1583 be substituted for H. F. No. 1516 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1611 and H. F. No. 1872, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Marquart moved that S. F. No. 1611 be substituted for H. F. No. 1872 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1680 and H. F. No. 1938, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kahn moved that the rules be so far suspended that S. F. No. 1680 be substituted for H. F. No. 1938 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1706 and H. F. No. 1394, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Tingelstad moved that S. F. No. 1706 be substituted for H. F. No. 1394 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2033 and H. F. No. 2253, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Davids moved that S. F. No. 2033 be substituted for H. F. No. 2253 and that the House File be indefinitely postponed. The motion prevailed.
Bishop from the Committee on Ways and Means to which was referred:
H. F. No. 156, A bill for an act relating to occupations; regulating registration renewal fees for certain multiple barber shops operated by a single barber; amending Minnesota Statutes 2000, section 154.15, subdivision 1.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Bishop from the Committee on Ways and Means to which was referred:
H. F. No. 632, A bill for an act relating to employment; requiring paid leave for organ donation; amending Minnesota Statutes 2000, section 181.945.
Reported the same back with the following amendments:
Page 2, line 3, after "subdivisions" insert "as defined in section 6.56, subdivision 1"
Page 2, after line 19, insert:
"Sec. 2. [REPORT.]
The commissioner of employee relations must report to the legislature on the use and costs of the leave under section 1. The report must be made by February 15, 2003, and every two years thereafter."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "requiring a report;"
With the recommendation that when so amended the bill pass.
Bishop from the Committee on Ways and Means to which was referred:
H. F. No. 1080, A bill for an act proposing an amendment to the Minnesota Constitution, article I, sections 2, 6, 7, 8, 16, and 17; article IV, sections 5, 8, 21, 23, and 24; article V, sections 2, 3, 5, and 6; article VI, sections 4, 6, 9, 10, and 13; article VII, sections 1, 2, 3, 6, and 8; article VIII, sections 3 and 4; article XI, section 13; and article XIII, sections 7 and 11; changing gender-specific language to gender-neutral language in the constitution.
Reported the same back with the following amendments:
Page 2, line 20, strike "himself" and delete "or herself" and insert "oneself"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Bishop from the Committee on Ways and Means to which was referred:
H. F. No. 1293, A bill for an act relating to state government; providing for inspection of light capacity scales; transferring the administration and enforcement of the Unfair Cigarette Sales Act from the commissioner of revenue to the commissioner of commerce; amending Minnesota Statutes 2000, sections 45.011, subdivision 1; 239.10; 270.06; 297F.04, subdivision 1; 297F.13, subdivision 4; 325D.33, subdivision 8, and by adding a subdivision; 325D.405; 325D.415; repealing Minnesota Statutes 2000, section 325D.33, subdivision 5.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
H. F. Nos. 156, 632 and 1293 were read for the second time.
S. F. Nos. 780, 824, 849, 861, 986, 1008, 1090, 1297, 1432, 1544, 1583, 1611, 1680, 1706 and 2033 were read for the second time.
The following House Files were introduced:
Tuma introduced:
H. F. No. 2469, A bill for an act relating to taxation; sales and use; exempting the purchase of construction materials and equipment used in constructing certain buildings in the city of Montgomery; amending Minnesota Statutes 2000, section 297A.71, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Olson, Stang and Skoe introduced:
H. F. No. 2470, A bill for an act relating to natural resources; providing compensation to landowners within two miles of a game refuge for crops damaged or destroyed by protected wild animals; appropriating money; amending Minnesota Statutes 2000, section 97A.091, subdivision 2.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Howes; Hackbarth; Fuller; Walz; Finseth; Pawlenty; Westerberg; Bakk; Skoe; Penas; Abeler; Vandeveer; Clark, J.; Ruth; Juhnke; Schumacher; Cassell; Mulder; Davids and Ness introduced:
H. F. No. 2471, A bill for an act relating to motor fuels; increasing percentage of gasoline tax that is determined to be derived from the operation of snowmobiles; amending Minnesota Statutes 2000, section 296A.18, subdivision 3.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Paulsen, Pelowski and Abrams introduced:
H. F. No. 2472, A bill for an act relating to redistricting; extending deadlines for local governments to redistrict if the legislature is redistricted in a year ending in one; modifying districting principles for cities, school districts, and counties; amending Minnesota Statutes 2000, sections 204B.135, subdivisions 1, 2; 204B.14, subdivision 3; 205.84, subdivision 1; 205A.12, subdivision 4; 375.025, subdivision 1.
The bill was read for the first time and referred to the Committee on Redistricting.
Kahn, Luther, Bishop, Bradley, Otremba, Folliard, Huntley, McGuire, Hausman and Abeler introduced:
H. F. No. 2473, A bill for an act relating to drivers' licenses; specifying that organ donor designation on driver's license or Minnesota identification card is conclusive evidence of intent; amending Minnesota Statutes 2000, section 525.9211.
The bill was read for the first time and referred to the Committee on Civil Law.
Bishop, Solberg, Kalis, Dempsey and Molnau introduced:
H. F. No. 2474, A bill for an act relating to capital improvements; appropriating money to renovate the governor's residence; authorizing the sale of state bonds.
The bill was read for the first time and referred to the Committee on State Government Finance.
Ness introduced:
H. F. No. 2475, A bill for an act relating to agriculture; establishing a livestock development program; appropriating money; amending Minnesota Statutes 2000, section 17.101, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Haas introduced:
H. F. No. 2476, A bill for an act relating to commerce; amending the definition of an owner; amending Minnesota Statutes 2000, sections 326.01, subdivision 6e; 326.242, subdivision 12.
The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.
Tingelstad introduced:
H. F. No. 2477, A bill for an act relating to waste management; prohibiting the placement of oil sorbent materials in solid waste; proposing coding for new law in Minnesota Statutes, chapter 115A.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Biernat introduced:
H. F. No. 2478, A bill for an act relating to parentage; adopting the Uniform Parentage Act (2000); amending Minnesota Statutes 2000, sections 13.3806, subdivision 4; 13.465, subdivisions 2, 4; 13.84, subdivision 2; 144.215, subdivision 3; 257.34, subdivisions 1, 4; 260C.307, subdivision 3; 518.156, subdivision 1; 518.157, subdivision 3; 518.1705, subdivision 3; 518.5513, subdivision 6; 518B.01, subdivision 2; 518C.201; 518C.701; 524.2-114; proposing coding for new law as Minnesota Statutes, chapter 257C; repealing Minnesota Statutes 2000, sections 13.465, subdivision 3; 257.51; 257.52; 257.53; 257.54; 257.541; 257.55; 257.56; 257.57; 257.58; 257.59; 257.60; 257.61; 257.62; 257.63; 257.64; 257.65; 257.651; 257.66; 257.67; 257.68; 257.69; 257.70; 257.71; 257.72; 257.73; 257.74; 257.75.
The bill was read for the first time and referred to the Committee on Civil Law.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 867, A bill for an act relating to the suburban Hennepin regional park district; authorizing the district to set commissioners' compensation; clarifying the district's boundaries; clarifying that meetings shall be held in conformance with the open meeting law; permitting the district to accept donations without court approval; deleting obsolete reference to condemnation procedures; authorizing the district to enter into joint powers agreements by majority board action; amending Minnesota Statutes 2000, sections 383B.70; 383B.703; 398.06; and 398.09; repealing Minnesota Statutes 2000, sections 383B.73, subdivision 2; and 383B.74.
H. F. No. 2119, A bill for an act relating to charitable organizations; amending report filing requirements; amending Minnesota Statutes 2000, section 309.53, subdivisions 1, 2.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1199, 197, 1834, 715, 1347, 1797, 1610, 321 and 1212.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1199, A bill for an act relating to county hospitals; amending provisions for approving improvement projects; modernizing hospital board membership criteria; amending Minnesota Statutes 2000, sections 376.06, subdivision 1; 376.07; 376.08, subdivisions 1 and 2; and 376.09.
The bill was read for the first time and referred to the Committee on Taxes.
S. F. No. 197, A bill for an act relating to crime prevention; imposing a felony penalty for aggravated cruelty to pet or companion animals; amending Minnesota Statutes 2000, sections 343.20, by adding subdivisions; and 343.21, subdivisions 9 and 10.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
S. F. No. 1834, A bill for an act relating to employment training; establishing a demonstration training project for spoken language interpreters.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
S. F. No. 715, A bill for an act relating to child support; requiring payors who hire independent contractors to comply with the work reporting laws; modifying requirements for a report from the commissioner of human services; amending Minnesota Statutes 2000, section 256.998, subdivision 9.
The bill was read for the first time and referred to the Committee on Civil Law.
S. F. No. 1347, A bill for an act relating to human services; requiring a sex offender assessment for certain repeat sex offenders; amending Minnesota Statutes 2000, section 609.3452, subdivision 1, by adding subdivisions.
The bill was read for the first time and referred to the Committee on Crime Prevention.
S. F. No. 1797, A bill for an act relating to nonprofit corporations; regulating neighborhood organizations; providing for the election of directors, and specifying voting rights and meeting notice requirements; amending Minnesota Statutes 2000, sections 317A.435, by adding a subdivision; 317A.437, by adding a subdivision; 317A.439, by adding a subdivision; 317A.441.
The bill was read for the first time.
Wagenius moved that S. F. No. 1797 and H. F. No. 404, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1610, A bill for an act relating to insurance; regulating liquidations and investments of insurers; amending Minnesota Statutes 2000, sections 60A.11, subdivision 10, by adding a subdivision; 60B.44, subdivision 4; 60L.01, subdivision 14, by adding a subdivision; 60L.08, by adding a subdivision; 60L.10, subdivision 1; 61A.276, subdivision 2; 61A.28, subdivision 6, by adding a subdivision; 61A.29, subdivision 2.
The bill was read for the first time.
Entenza moved that S. F. No. 1610 and H. F. No. 1615, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 321, A bill for an act relating to probate; providing for a background study before appointment of guardians or conservators; authorizing access to data on substantiated maltreatment of vulnerable adults; providing for background study systems and records in the department of human services; amending Minnesota Statutes 2000, section 525.539, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 245A; 525.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
S. F. No. 1212, A bill for an act relating to family law; clarifying use of certain factors in determining the best interests of a child; clarifying certain language on division of pension plans; amending Minnesota Statutes 2000, sections 518.17, subdivision 1; 518.1705, subdivision 5; and 518.58, subdivision 4.
The bill was read for the first time.
Holberg moved that S. F. No. 1212 and H. F. No. 1256, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Pursuant to rule 1.03, Pawlenty moved that the House advance to the Order of Business "Calendar for the Day."
The motion prevailed.
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 Thursday, April 19, 2001:
H. F. Nos. 1219, 2205, 873, 1487, 1497, 1507, 779, 1192, 1367, 1596, 58, 1153, 1857, 1356 and 2070; S. F. Nos. 773 and 110; H. F. No. 406; and S. F. No. 1206.
H. F. No. 1219, A bill for an act relating to insurance; removing certain state involvement with the state fund mutual insurance company; repealing Minnesota Statutes 2000, sections 79.371; 176A.01; 176A.02; 176A.03; 176A.04; 176A.05; 176A.06; 176A.07; 176A.08; 176A.09; 176A.10; 176A.11; and 176A.12.
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 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Howes | Lieder | Otremba | Stanek | |
| Abrams | Dorn | Huntley | Lindner | Ozment | Swapinski | |
| Anderson, B. | Eastlund | Jacobson | Lipman | Paulsen | Swenson | |
| Anderson, I. | Entenza | Jaros | Luther | Pawlenty | Sykora | |
| Bakk | Erhardt | Jennings | Mahoney | Paymar | Thompson | |
| Bernardy | Erickson | Johnson, J. | Mares | Pelowski | Tingelstad | |
| Biernat | Evans | Johnson, R. | Mariani | Penas | Tuma | |
| Bishop | Folliard | Johnson, S. | Marko | Peterson | Vandeveer | |
| Boudreau | Fuller | Juhnke | Marquart | Pugh | Wagenius | |
| Bradley | Gerlach | Kahn | McElroy | Rhodes | Walker | |
| Buesgens | Gleason | Kalis | McGuire | Rifenberg | Walz | |
| Carlson | Goodno | Kelliher | Milbert | Rukavina | Wasiluk | |
| Cassell | Goodwin | Kielkucki | Molnau | Ruth | Wenzel | |
| Clark, J. | Greiling | Knoblach | Mulder | Schumacher | Westerberg | |
| Clark, K. | Gunther | Koskinen | Mullery | Seagren | Westrom | |
| Daggett | Haas | Krinkie | Murphy | Seifert | Wilkin | |
| Davids | Hackbarth | Kubly | Ness | Sertich | Winter | |
| Davnie | Harder | Kuisle | Nornes | Skoe | Wolf | |
| Dawkins | Hausman | Larson | Olson | Skoglund | Spk. Sviggum | |
| Dehler | Hilstrom | Leighton | Opatz | Slawik | ||
| Dempsey | Hilty | Lenczewski | Osskopp | Smith | ||
| Dibble | Holberg | Leppik | Osthoff | Solberg | ||
The bill was passed and its title agreed to.
H. F. No. 873 was reported to the House.
Howes moved to amend H. F. No. 873, the first engrossment, as follows:
Page 1, after line 11, insert:
"Section 1. Minnesota Statutes 2000, section 282.04, subdivision 1, is amended to read:
Subdivision 1. [TIMBER SALES; LAND LEASES AND USES.] (a) The county auditor may sell timber upon any tract that may be approved by the natural resources commissioner. Such sale of timber shall be made for cash at not less than the appraised value determined by the county board to the highest bidder after not less than one week's published notice in an official paper within the county. Any timber offered at such public sale and not sold may thereafter be sold at private sale by the county auditor at not less than the appraised value thereof, until such time as the county board may withdraw such timber from sale. The appraised value of the timber and the forestry practices to be followed in the cutting of said timber shall be approved by the commissioner of natural resources.
(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales, the down payment shall be no less than 15 percent of the appraised value, and the balance shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a single sale with predetermined cutting blocks, the down payment shall be no less than 15 percent of the appraised price of the entire timber sale which may be held until the satisfactory completion of the sale or applied in whole or in part to the final cutting block. The value of each separate block must be paid in full before any cutting
may begin in that block. With the permission of the county administrator the purchaser may enter unpaid blocks and cut necessary timber incidental to developing logging roads as may be needed to log other blocks provided that no timber may be removed from an unpaid block until separately scaled and paid for.
(c) The county board may require final settlement on the basis of a scale of cut products. Any parcels of land from which timber is to be sold by scale of cut products shall be so designated in the published notice of sale above mentioned, in which case the notice shall contain a description of such parcels, a statement of the estimated quantity of each species of timber thereon and the appraised price of each specie of timber for 1,000 feet, per cord or per piece, as the case may be. In such cases any bids offered over and above the appraised prices shall be by percentage, the percent bid to be added to the appraised price of each of the different species of timber advertised on the land. The purchaser of timber from such parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of sale as estimated to be standing on the land, and in addition shall pay at the same rate for any additional amounts which the final scale shows to have been cut or was available for cutting on the land at the time of sale under the terms of such sale. Where the final scale of cut products shows that less timber was cut or was available for cutting under terms of such sale than was originally paid for, the excess payment shall be refunded from the forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board as in case of other claims against the county. No timber, except hardwood pulpwood, may be removed from such parcels of land or other designated landings until scaled by a person or persons designated by the county board and approved by the commissioner of natural resources. Landings other than the parcel of land from which timber is cut may be designated for scaling by the county board by written agreement with the purchaser of the timber. The county board may, by written agreement with the purchaser and with a consumer designated by the purchaser when the timber is sold by the county auditor, and with the approval of the commissioner of natural resources, accept the consumer's scale of cut products delivered at the consumer's landing. No timber shall be removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in appraised valuation may be sold for not less than the full appraised value at private sale to individual persons without first publishing notice of sale or calling for bids, provided that in case of such sale involving a total appraised value of more than $200 the sale shall be made subject to final settlement on the basis of a scale of cut products in the manner above provided and not more than two such sales, directly or indirectly to any individual shall be in effect at one time.
(d) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations
or organized subdivisions of the state at public or private vendue, and at such prices and under such terms as the
county board may prescribe, for use as cottage and camp sites and for agricultural purposes and for the purpose of
taking and removing of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt therefrom, and for garden sites
and other temporary uses provided that no leases shall be for a period to exceed ten years; provided, further that any
leases involving a consideration of more than $1,500 $12,000 per year, except to an organized
subdivision of the state shall first be offered at public sale in the manner provided herein for sale of timber. Upon
the sale of any such leased land, it shall remain subject to the lease for not to exceed one year from the beginning
of the term of the lease. Any rent paid by the lessee for the portion of the term cut off by such cancellation shall be
refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and allowed by the county board
as in case of other claims against the county.
(e) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations, or organized subdivisions of the state at public or private vendue, at such prices and under such terms as the county board may prescribe, for the purpose of taking and removing for use for road construction and other purposes tax-forfeited stockpiled iron-bearing material. The county auditor must determine that the material is needed and suitable for use in the construction or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill, or other works on public or private property, and that the use would be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile for these purposes must first be approved by the commissioner of natural resources. The request shall be deemed approved unless the requesting county is notified to the contrary by the commissioner of natural resources within six months after receipt of a request for approval for use of a stockpile. Once use of a stockpile has been approved, the county may continue to lease it for these purposes until approval is withdrawn by the commissioner of natural resources.
(f) The county auditor, with the approval of the county board is authorized to grant permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, tailings, or waste products from mines or ore milling plants, upon such conditions and for such consideration and for such period of time, not exceeding 15 years, as the county board may determine; said permits, licenses, or leases to be subject to approval by the commissioner of natural resources.
(g) Any person who removes any timber from tax-forfeited land before said timber has been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.
(h) The county auditor may, with the approval of the county board, and without first offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of peat from tax-forfeited lands upon such terms and conditions as the county board may prescribe. Any lease for the removal of peat from tax-forfeited lands must first be reviewed and approved by the commissioner of natural resources if the lease covers 320 or more acres. No lease for the removal of peat shall be made by the county auditor pursuant to this section without first holding a public hearing on the auditor's intention to lease. One printed notice in a legal newspaper in the county at least ten days before the hearing, and posted notice in the courthouse at least 20 days before the hearing shall be given of the hearing."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Fuller moved to amend H. F. No. 873, the first engrossment, as amended, as follows:
Page 6, after line 26, insert:
"Section 1. [CONDEMNATION OF TRUST FUND LAND BORDERING PUBLIC WATERS; BELTRAMI COUNTY.]
Notwithstanding Minnesota Statutes, sections 92.45 and 103F.535, or other law to the contrary, the commissioner of transportation may acquire the following described trust fund land, except minerals and mineral rights, by eminent domain:
Those parts of Government Lots 1 and 2 of Section 36, Township 147 North, Range 34 West of the Fifth Principal Meridian lying southwesterly of Minnesota department of transportation right-of-way plat no. 04-23, plat of which is on file and of record in the office of the county recorder in and for Beltrami county, Minnesota, bounded as follows: southeasterly of the southwesterly projection of the northwesterly line of said plat, northwesterly of the southwesterly projection of the southeasterly line of said plat, southwesterly of the southwesterly line of said plat, and northeasterly of the shoreline of Grass Lake.
The above described tract contains 12.5 acres."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The Speaker called Boudreau to the Chair.
The question was taken on the Fuller amendment and the roll was called. There were 50 yeas and 81 nays as follows:
Those who voted in the affirmative were:
| Anderson, B. | Eastlund | Howes | Mulder | Rifenberg | Vandeveer | |
| Boudreau | Erickson | Jacobson | Ness | Rukavina | Walz | |
| Bradley | Fuller | Johnson, J. | Nornes | Ruth | Westrom | |
| Cassell | Goodno | Knoblach | Olson | Seifert | Workman | |
| Daggett | Gunther | Kuisle | Opatz | Skoe | Spk. Sviggum | |
| Davids | Hackbarth | Lindner | Osskopp | Stanek | ||
| Dehler | Harder | Lipman | Ozment | Swenson | ||
| Dempsey | Holberg | Mares | Pawlenty | Tingelstad | ||
| Dorman | Holsten | Molnau | Penas | Tuma | ||
Those who voted in the negative were:
| Abeler | Dorn | Jaros | Lenczewski | Otremba | Swapinski | |
| Abrams | Entenza | Jennings | Leppik | Paulsen | Sykora | |
| Anderson, I. | Erhardt | Johnson, R. | Lieder | Paymar | Thompson | |
| Bakk | Evans | Johnson, S. | Luther | Pelowski | Wagenius | |
| Bernardy | Folliard | Juhnke | Mahoney | Peterson | Walker | |
| Biernat | Gerlach | Kahn | Mariani | Pugh | Wasiluk | |
| Bishop | Gleason | Kalis | Marko | Rhodes | Wenzel | |
| Buesgens | Goodwin | Kelliher | Marquart | Schumacher | Westerberg | |
| Carlson | Greiling | Kielkucki | McElroy | Seagren | Wilkin | |
| Clark, J. | Haas | Koskinen | McGuire | Sertich | Winter | |
| Clark, K. | Hausman | Krinkie | Milbert | Skoglund | Wolf | |
| Davnie | Hilstrom | Kubly | Mullery | Slawik | ||
| Dawkins | Hilty | Larson | Murphy | Smith | ||
| Dibble | Huntley | Leighton | Osthoff | Solberg | ||
The motion did not prevail and the amendment was not adopted.
Opatz moved to amend H. F. No. 873, the first engrossment, as amended, as follows:
Page 6, after line 26, insert:
"Sec. 6. [BENTON COUNTY CONVEYANCE.]
(a) Notwithstanding Minnesota Statutes, section 373.01, subdivision 1, or other law, Benton county may convey to the Benton county historical society the land described in paragraph (b) for no or nominal consideration.
(b) The land to be conveyed is legally described as: Lots Four (4), Five (5) and Six (6), Block Twenty-eight (28) in the original TOWN OF SAUK RAPIDS, also so much of the Westerly one-half of the vacated portion of Third Avenue North lying Easterly thereof and contiguous thereto, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for said Benton County, Minnesota.
(c) The land was previously conveyed to the historical society but reverted to the county when the historical society's building was not completed by the date necessary to avoid reverter. The building has been built and the conveyance is necessary to clear up title to the building and the land it is built on."
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. 873, A bill for an act relating to state lands; allowing private easements across tax-forfeited land; changing certain exchange requirements; modifying county lease terms for tax-forfeited land; authorizing a conveyance of certain Benton county land; authorizing public and private sales and conveyances of certain tax- forfeited lands in Aitkin, Cook, Hubbard, Lake, Meeker, Ramsey, St. Louis, and Washington counties; amending Minnesota Statutes 2000, section 282.04, subdivision 1, and by adding a subdivision; Laws 1998, chapter 389, article 16, section 31, subdivisions 2, as amended, and 4, 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 119 yeas and 12 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Hilty | Leighton | Opatz | Skoglund | |
| Abrams | Dorn | Holsten | Lenczewski | Osskopp | Slawik | |
| Anderson, I. | Eastlund | Howes | Leppik | Osthoff | Solberg | |
| Bakk | Entenza | Huntley | Lieder | Otremba | Stanek | |
| Bernardy | Erhardt | Jacobson | Lindner | Ozment | Swapinski | |
| Biernat | Erickson | Jaros | Lipman | Paulsen | Swenson | |
| Bishop | Evans | Jennings | Luther | Pawlenty | Sykora | |
| Boudreau | Folliard | Johnson, J. | Mahoney | Paymar | Thompson | |
| Bradley | Fuller | Johnson, R. | Mares | Pelowski | Tingelstad | |
| Carlson | Gleason | Johnson, S. | Mariani | Peterson | Tuma | |
| Cassell | Goodno | Juhnke | Marko | Pugh | Wagenius | |
| Clark, J. | Goodwin | Kahn | Marquart | Rhodes | Walker | |
| Clark, K. | Gray | Kalis | McGuire | Rifenberg | Walz | |
| Daggett | Greiling | Kelliher | Milbert | Rukavina | Wasiluk | |
| Davids | Gunther | Kielkucki | Molnau | Ruth | Wenzel | |
| Davnie | Haas | Knoblach | Mulder | Schumacher | Winter | |
| Dawkins | Hackbarth | Koskinen | Mullery | Seagren | Wolf | |
| Dehler | Harder | Kubly | Murphy | Seifert | Workman | |
| Dempsey | Hausman | Kuisle | Ness | Sertich | Spk. Sviggum | |
| Dibble | Hilstrom | Larson | Nornes | Skoe | ||
Those who voted in the negative were:
| Anderson, B. | Gerlach | Krinkie | Olson | Smith | Westerberg | |
| Buesgens | Holberg | McElroy | Penas | Vandeveer | Wilkin | |
The bill was passed, as amended, and its title agreed to.
H. F. No. 2205 was reported to the House.
Pawlenty moved to amend H. F. No. 2205, the first engrossment, as follows:
Page 1, line 12, before "Tuesday" insert "first"
Page 1, line 16, delete the second "of" and insert "elected to"
The motion prevailed and the amendment was adopted.
Pawlenty moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:
Page 1, line 10, delete "14" and insert "30"
Page 1, line 19, delete "2003" and insert "2005"
The motion prevailed and the amendment was adopted.
Pawlenty moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:
Page 1, after line 16, insert:
"Sec. 2. [IMPLEMENTING LEGISLATION.]
The legislative coordinating commission, or a joint subcommittee appointed by the commission, shall prepare legislation and other recommendations by January 1, 2002, to implement section 1. Existing legislative staff offices and the departments of finance and revenue and other executive agencies as needed shall provide staff assistance in developing the legislation and recommendations."
The motion prevailed and the amendment was adopted.
Bishop moved that H. F. No. 2205, as amended, be re-referred to the Committee on Ways and Means.
A roll call was requested and properly seconded.
The question was taken on the Bishop motion and the roll was called. There were 71 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Abeler | Dorman | Howes | Molnau | Rifenberg | Westerberg | |
| Anderson, B. | Eastlund | Jacobson | Mulder | Ruth | Westrom | |
| Bakk | Erickson | Johnson, J. | Ness | Seagren | Wilkin | |
| Boudreau | Fuller | Kielkucki | Nornes | Seifert | Wolf | |
| Bradley | Gerlach | Knoblach | Olson | Stanek | Workman | |
| Buesgens | Goodno | Krinkie | Osskopp | Swenson | Spk. Sviggum | |
| Cassell | Gunther | Leppik | Ozment | Sykora | ||
| Clark, J. | Hackbarth | Lindner | Paulsen | Tingelstad | ||
| Daggett | Harder | Lipman | Pawlenty | Tuma | ||
| Dehler | Holberg | Mares | Penas | Vandeveer | ||
| Dempsey | Holsten | Marquart | Rhodes | Walz | ||
The motion prevailed and H. F. No. 2205, as amended, was re-referred to the Committee on Ways and Means.
The Speaker resumed the Chair.
H. F. No. 1487, A bill for an act relating to natural resources; modifying provisions rendered obsolete by the electronic licensing system; modifying the disposition of certain taxes and proceeds; clarifying certain licensing and training requirements; providing for removal of submerged vehicles; modifying watercraft license and title provisions; clarifying sale of live animals and animal portions; modifying rulemaking authority; modifying certain license revocation provisions; clarifying taxidermy and bow fishing provisions; modifying fish house requirements; repealing certain fleeing provisions; amending Minnesota Statutes 2000, sections 6.48; 84.788, subdivisions 3 and 4; 84.796; 84.798, subdivisions 3 and 5; 84.82, subdivision 2; 84.83, subdivisions 3 and 5; 84.862, subdivisions 1 and 2; 84.872, subdivision 1; 84.922, subdivisions 2 and 3; 86B.401, subdivisions 1, 3, and 4; 86B.705, subdivision 2; 86B.820, subdivision 13; 86B.825, subdivision 1; 86B.830, subdivision 1; 97A.065, subdivision 2; 97A.105, subdivisions 4 and 9; 97A.421, subdivision 1; 97A.425, subdivision 1; 97A.441, subdivision 1; 97A.512; 97B.055, subdivision 2; 97C.355, subdivision 1, and by adding a subdivision; and 297A.94; proposing coding for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2000, sections 84.792; and 84.801.
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 112 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Anderson, B. | Juhnke | Marko | Otremba | Westerberg | Winter | |
| Buesgens | Kielkucki | Milbert | Peterson | Wilkin | ||
| Gerlach | Krinkie | Ness | Skoe | |||
| Holsten | Kubly | Olson | Vandeveer | |||
The bill was passed and its title agreed to.
H. F. No. 1497 was reported to the House.
Nornes moved to amend H. F. No. 1497, the first engrossment, as follows:
Page 5, after line 23, insert:
"Sec. 3. Laws 2000, chapter 492, article 1, section 7, subdivision 3, is amended to read:
Subd. 3. Office Facility Development 3,250,000
To design, acquire, remodel, refurbish, construct, furnish, and equip a consolidated area office and service facility in Fergus Falls."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Nornes moved that H. F. No. 1497 be continued on the Calendar for the Day. The motion prevailed.
H. F. No. 1507 was reported to the House.
Bishop moved to amend H. F. No. 1507, the first engrossment, as follows:
Page 1, line 18, after the period, insert "A municipality may by ordinance impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance."
The motion prevailed and the amendment was adopted.
H. F. No. 1507, A bill for an act relating to municipal planning; zoning; clarifying the treatment of legal nonconforming uses; amending Minnesota Statutes 2000, section 462.357, 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 130 yeas and 2 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holsten | Leppik | Otremba | Stanek | |
| Abrams | Dorn | Howes | Lieder | Ozment | Swapinski | |
| Anderson, B. | Eastlund | Huntley | Lindner | Paulsen | Swenson | |
| Anderson, I. | Entenza | Jacobson | Lipman | Pawlenty | Sykora | |
| Bakk | Erhardt | Jaros | Luther | Paymar | Thompson | |
| Bernardy | Erickson | Jennings | Mares | Pelowski | Tingelstad | |
| Biernat | Evans | Johnson, J. | Mariani | Penas | Tuma | |
| Bishop | Folliard | Johnson, R. | Marko | Peterson | Vandeveer | |
| Boudreau | Fuller | Johnson, S. | Marquart | Pugh | Wagenius | |
| Bradley | Gerlach | Juhnke | McElroy | Rhodes | Walker | |
| Buesgens | Gleason | Kahn | McGuire | Rifenberg | Walz | |
| Carlson | Goodno | Kalis | Milbert | Rukavina | Wasiluk | |
| Cassell | Goodwin | Kelliher | Molnau | Ruth | Wenzel | |
| Clark, J. | Gray | Kielkucki | Mulder | Schumacher | Westerberg | |
| Clark, K. | Gunther | Knoblach | Mullery | Seagren | Westrom | |
| Daggett | Haas | Koskinen | Murphy | Seifert | Wilkin | |
| Davids | Hackbarth | Krinkie | Ness | Sertich | Winter | |
| Davnie | Harder | Kubly | Nornes | Skoe | Wolf | |
| Dawkins | Hausman | Kuisle | Olson | Skoglund | Workman | |
| Dehler | Hilstrom | Larson | Opatz | Slawik | Spk. Sviggum | |
| Dempsey | Hilty | Leighton | Osskopp | Smith | ||
| Dibble | Holberg | Lenczewski | Osthoff | Solberg | ||
Those who voted in the negative were:
| GreilingMahoney | ||
The bill was passed, as amended, and its title agreed to.
H. F. No. 779, A bill for an act relating to commerce; modifying provisions dealing with motor vehicle dealer franchise transfers; amending Minnesota Statutes 2000, section 80E.13.
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:
The bill was passed and its title agreed to.
H. F. No. 1192, A bill for an act relating to education; permitting applicants for a temporary limited teaching license or a personnel variance to submit their application by July 1 in any year; directing the board of teaching to amend its rules to conform with the July 1 date; amending Minnesota Statutes 2000, section 122A.18, 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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
Seifert moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.
Seifert moved that the Consent Calendar be continued. The motion prevailed.
Rukavina moved that the name of Walker be added as an author on H. F. No. 384. The motion prevailed.
Walker moved that the name of Clark, K., be added as an author on H. F. No. 387. The motion prevailed.
Bernardy moved that the name of Wasiluk be added as an author on H. F. No. 524. The motion prevailed.
Anderson, I., moved that the name of Thompson be added as an author on H. F. No. 539. The motion prevailed.
Howes moved that the name of Ruth be added as an author on H. F. No. 852. The motion prevailed.
Gunther moved that the names of Entenza and Davnie be added as authors on H. F. No. 1003. The motion prevailed.
Nornes moved that the name of Tingelstad be added as an author on H. F. No. 1304. The motion prevailed.
Leppik moved that the name of Sykora be added as an author on H. F. No. 1524. The motion prevailed.
Sykora moved that the name of Penas be added as an author on H. F. No. 2380. The motion prevailed.
Seifert moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, April 23, 2001. The motion prevailed.
Seifert moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, April 23, 2001.
Edward A. Burdick, Chief Clerk, House of Representatives