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The House of Representatives convened at 9:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.

"Amazing Grace" and the "National Anthem" were performed by Justin, Alex, Daniel, Michael and Carl Richardson, the "Richardson Boys" from Nerstrand, Minnesota.

Prayer was offered by Pastor Kevin Schill, Chaplain for the Mary Haven Drug and Alcohol Recovery Center, Columbus, Ohio.

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

The roll was called and the following members were present:

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

A quorum was present.

Larson was excused until 10:00 a.m. Olson was excused until 10:40 a.m. Clark, K., was excused until 11:30 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Lipman moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

S. F. No. 1541 and H. F. No. 1270, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Entenza moved that the rules be so far suspended that S. F. No. 1541 be substituted for H. F. No. 1270 and that the House File be indefinitely postponed. The motion prevailed.

The following communication was received:

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 Acts of the 2001 Session of the State Legislature have been received from the Office of the Governor and are 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. 2001 2001

1008 92 2:57 p.m. May 14 May 14

1441 93 2:56 p.m. May 14 May 14

1404 94 2:58 p.m. May 14 May 14

1835 95 2:59 p.m. May 14 May 14

986 96 3:01 p.m. May 14 May 14

Sincerely,

Mary Kiffmeyer
Secretary of State

Abrams from the Committee on Taxes to which was referred:

H. F. No. 2513, A bill for an act relating to a baseball park; financing a major league professional baseball park; requiring private funding; providing for an interest-free loan; providing for a temporary tax-free zone on certain retail sales; providing for disposition of the metrodome and the land it occupies under certain conditions; transferring funds from the assigned risk plan; requiring enhanced revenue sharing by major league baseball for act to take effect; appropriating money; amending Minnesota Statutes 2000, sections 272.02, by adding a subdivision; 297A.67, by adding a subdivision; 297A.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [FINDINGS AND INTENT.]

The legislature finds that major league professional baseball has value to the citizens and economy of this state. The legislature further finds that this value can and should be protected through the construction of a new baseball park to ensure the successful continuation of major league professional baseball in Minnesota. The legislature finds that this goal requires a public/private partnership. It is therefore the intention of the legislature to support the construction of a baseball park to be substantially financed with private support.

Sec. 2. [PURPOSE.]

This act is designed to provide tax incentives to encourage and stimulate private investment in a publicly owned baseball park. It is a further purpose of this act to move major league baseball towards a revenue sharing agreement and an economic system that makes baseball more competitive and protects the financial interest of teams with below average revenues. Therefore, a loan cannot be made until the governor, with advice from a special panel and the legislative commission on planning and fiscal policy, determines that major league baseball and the major league baseball players' association have created a new financial structure requiring the league to ensure competitiveness among all major league professional baseball teams, thereby enhancing the viability of any new baseball park.

Sec. 3. Minnesota Statutes 2000, section 16A.67, subdivision 1, is amended to read:

Subdivision 1. [AUTHORIZATION.] (a) The commissioner of finance is authorized to sell and issue state bonds to fund the judgment rendered against the state by the Minnesota supreme court in Cambridge State Bank et al. v. James, 514 N.W. 2d 565, on April 1, 1994, and related claims, and interest accrued on the judgment and related claims, to fund any bond reserve determined to be necessary, and to pay costs of issuance of the bonds. The proceeds of the bonds are appropriated for these purposes. The principal amount of the bonds shall not exceed $400,000,000. The bonds shall be sold and issued upon such terms and in such manner as the commissioner shall determine to be in the best interests of the state. The final maturity of the bonds shall be not later than June 30, 2005.

(b) The commissioner of finance is authorized to sell and issue state revenue bonds to fund a loan to a local government unit in the metropolitan area to finance up to one-half of the costs to design, acquire, construct, furnish, and equip a baseball park to be owned by the local government unit and leased to a major league professional baseball team, as provided in sections 116J.425 to 116J.4291, to fund any bond reserve determined to be necessary, and to pay costs of issuance of the bonds. The proceeds of the bonds are appropriated for these purposes. The principal amount of the bonds shall not exceed $140,000,000. The bonds shall be sold and issued upon such terms and in such manner as the commissioner shall determine to be in the best interests of the state. The final maturity of the bonds shall be not later than June 30, 2034. 

Sec. 4. [116J.425] [SELECTION PROCESS; BASEBALL PARK.]

(a) After the governor authorizes a loan to be made under section 116J.4291, the commissioner of trade and economic development shall select a unit of local government to provide a site for the new baseball park.

(b) The required elements of the selection process are:

(1) the commissioner of trade and economic development shall accept bids from any interested unit of local government within the metropolitan area, as defined in section 473.121, subdivision 2;

(2) acceptable bids must provide, at a maximum, for the provision of land, in a condition appropriate for development, and the provision of sufficient adjacent parking facilities to be made available for use by the team;

(3) bids may not include other subsidies except private improvements for the enhancement of the baseball park;

(4) the bid must specify the intent of the unit of local government to own and operate the baseball park and demonstrate a reasonable capacity to do so;

(5) in selecting a site, the commissioner of trade and economic development shall consider public infrastructure costs and significant potential development advantages; and

(6) the commissioner of trade and economic development shall end the acceptance of bids 90 days after the governor's authorization under section 116J.4291 and shall, after considering the advice of the legislative commission on planning and fiscal policy, select a site for a new baseball park within 150 days after that authorization.

Sec. 5. [116J.426] [FINANCING; CONSTRUCTION; NAMING RIGHTS.]

Subdivision 1. [PRIVATE FUNDING; OWNERSHIP.] At least one-half of the cost of the baseball park must be funded by the owner of the major league professional baseball team or through other private sector funding. The local unit of government shall own the baseball park.

Subd. 2. [LOAN.] The commissioner of trade and economic development shall, upon authorization by the governor made under section 116J.4291, provide a loan, in an amount up to $140,000,000, from the baseball park loan fund created under section 116J.427 to the unit of local government selected to own the new baseball park when funds from the major league professional baseball team specified under subdivision 1 are made available to that unit of government.

Subd. 3. [REPAYMENT; GUARANTEE.] The loan must be repaid to the baseball park loan fund by the local unit of government using revenues from the lease with the team, ticket tax revenues as provided under subdivision 5, payments under the guarantees by the team and owners, and as necessary any other revenues available to the local unit of government, including any property tax revenues. Any property tax levied to repay the loan is outside the levy limits in sections 275.70 to 275.74. Repayment must be in an amount sufficient to cover the principal of the loan plus the interest paid by the state for the bonds issued under section 16A.67. Amortization payments on the loan must be structured to ensure no cash loss to the general fund. The loan must be unconditionally guaranteed by the baseball team and personally guaranteed by the holders of the majority equity interest in the baseball team. The loan must be repaid within 30 years after the date the first payment is due and must not be forgiven.

Subd. 4. [NAMING RIGHTS.] Naming rights from the major league baseball park shall be sold by the unit of local government that owns the baseball park. Revenues from that sale are to be retained by the unit of local government and must be used for operating costs of the baseball park. Any excess revenues after operating costs are compensated for must be held by the unit of government in a reserve account, and used for long-term refurbishment of the baseball park. 

Subd. 5. [BASEBALL PARK ADMISSIONS TAX.] Notwithstanding any other law, ordinance, or charter provision, the unit of local government that owns the baseball park may, by resolution, impose and maintain a ten percent admissions tax upon the granting, issuance, sales, or distribution, by any private or public person, association, or corporation, of the privilege of admission to activities at the baseball park. No other tax, surcharge, or governmental imposition, except the taxes imposed by chapter 297A, may be levied by any other unit of government upon any such sale or distribution.

The admission tax must be stated and charged separately from the sales price so far as practicable and must be collected by the grantor, seller, or distributor from the person admitted. The tax is a debt from that person to the grantor, issuer, seller, or distributor, and the tax required to be collected is a debt owed by the grantor, issuer, seller, or distributor to the local unit of government, recoverable at law in the same manner as other debts. Every person granting, issuing, selling, or distributing tickets for such admissions may be required, as provided in resolutions of the unit of local government, to secure a permit, to file returns, to deposit security for the payment of the tax, and to pay such penalties for nonpayment and interest on late payments, as shall be deemed necessary or expedient to assure the prompt and uniform collection of the tax.

Subd. 6. [MAJOR LEAGUE BASEBALL GUARANTY.] Before making a loan under this section, the commissioner must execute an agreement with the major league of which the baseball team is a member and with major league baseball that guarantees the continuance of a major league franchise in the metropolitan area for at least the term of the loan under subdivision 2.

Sec. 6. [116J.427] [BASEBALL PARK LOAN FUND.]

Subdivision 1. [CREATION.] A baseball park loan fund is created as an account within the special revenue fund.

Subd. 2. [REVENUE BOND PROCEEDS.] After the governor authorizes a loan to be made under section 116J.426, the commissioner of finance shall transfer the proceeds of the bonds sold under section 16A.67, subdivision 1, paragraph (b), to the baseball park loan fund. Funds from the repayment of the loan made under section 116J.426, subdivision 3, must be transferred from the baseball park loan fund to the special revenue fund under section 16A.67, for repayment of the bonds issued.

Sec. 7. [116J.428] [OBLIGATIONS; MAJOR LEAGUE PROFESSIONAL BASEBALL TEAM.]

Subdivision 1. [OBLIGATIONS PRIOR TO STATE ASSISTANCE.] (a) The major league professional baseball team must fully and completely do its part to accomplish the requirements of paragraph (b) before it receives any state assistance.

(b) The requirements are that:

(1) a signed lease for not less than 30 years between the unit of local government selected by the commissioner and the major league professional baseball team must be completed, with no escape clauses;

(2) the commissioner of finance must certify that the major league professional baseball team has made available $150,000,000 in private cash support to the local unit of government for the construction of a baseball park;

(3) the major league professional baseball team has signed an agreement with the unit of local government agreeing to allow the baseball park to be available on nongame days for potential use by the University of Minnesota, Minnesota state colleges and universities, private colleges, the state high school league, and the unit of local government for community events;

(4) the major league of which the baseball team is a member and major league baseball have both executed an agreement with the commissioner that guarantees the continuance of a major league franchise in the metropolitan area for at least the term of the loan under section 116J.426, subdivision 2; and 

(5) the major league professional baseball team and major league baseball have signed an agreement with the unit of local government to cooperate in maintaining the facility as a smoke-free facility.

Subd. 2. [CONSTRUCTION.] (a) The major league professional baseball team shall construct the baseball park and is responsible for all cost overruns that may occur. All funds appropriated to the unit of local government under sections 116J.425 to 116J.4291 shall be managed by the unit of local government and made available to the team as the team deems necessary for construction purposes.

(b) All construction materials for the baseball park produced from or containing steel must use steel produced in the United States from taconite produced in Minnesota. The local unit of government shall establish and impose on the major league professional baseball team appropriate compliance procedures.

Subd. 3. [OBLIGATIONS DURING CONSTRUCTION.] The major league professional baseball team during the period of construction of a baseball park must:

(1) pay prevailing wage levels as defined under section 177.42 to all construction workers;

(2) provide to the commissioner of trade and economic development a signed agreement between the major league professional baseball team and the construction unions that will work on the new baseball park that mandates a no-strike and no-lockout period during construction of the baseball park; and

(3) pay any cost overruns that occur during the construction period.

Sec. 8. [116J.429] [OBLIGATIONS; DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT.]

The commissioner of trade and economic development shall negotiate and sign a contract, on behalf of the state, with the unit of local government for the loan made under section 116J.426, that includes the schedule of repayment, a guarantee by the unit of local government that it will repay the loan, the guarantees of the team and the holders of the majority equity interest in the team that are required under section 116J.426, subdivision 3, and that provides that the unit of local government will prohibit smoking within the facility. The terms of the loan contract must require that the major league baseball team must provide at least 10,500 seats to be sold as general admission seats in the new baseball park. The ticket price for general admission seating in the new baseball park may not exceed five dollars per person adjusted for increases in the Consumer Price Index for urban consumers as prepared by the United State Bureau of Labor Statistics after calendar year 2001.

Sec. 9. [116J.4291] [GOVERNOR'S DETERMINATION; AUTHORIZATION OF LOAN.]

(a) The governor shall appoint a special panel consisting of three retired state court judges. The special panel shall review information from major league baseball to determine if major league baseball and the major league baseball players' association have agreed upon a new economic system, including enhanced revenue sharing that makes baseball more competitive, protects the financial interest of teams with below average revenues, and enhances the viability of any new baseball park. The special panel shall provide its determination to the governor and to the legislative commission on planning and fiscal policy.

(b) The panel may not make these findings under paragraph (a), unless the agreement between major league baseball and the major league baseball players' association is estimated to satisfy at least one of the following:

(1) the increases in revenue sharing among major league baseball teams is estimated, after full implementation of the agreement, to reduce the disparity in team revenues so that the revenues of the teams with revenues in the top quartile will be, on average, no more than 40 percent higher than the average revenues of teams in the bottom quartile (ranked by total revenues); 

(2) as a result of increases in revenue sharing, limitations on payrolls, or other elements of the agreement, the ratio of payrolls of the teams in the top quartile to teams in the bottom quartile (ranked by payrolls) is estimated, after full implementation of the agreement, to average 2:1 or less; or

(3) the agreement substantially implements four or more of the recommendations, excluding the recommendation that teams be allowed to move if they cannot succeed economically, of "The Report of the Independent Members of the Commissioner's Blue Ribbon Panel on Baseball Economics," dated July 2000.

The estimates under this paragraph must be made by either the commissioner of finance or an independent consultant retained by the commissioner of finance.

(c) The legislative commission on planning and fiscal policy shall review the determination and make its advisory recommendation to the governor on whether to authorize the commissioner of trade and economic development to make a loan under this act. The governor may authorize the commissioner to make a loan under sections 116J.425 to 116J.4291 only after considering the recommendations and determining that major league baseball and the major league baseball players' association have agreed upon a new economic system, including enhanced revenue sharing that makes baseball more competitive, protects the financial interests of teams with below average revenues, and enhances the viability of any new baseball park.

Sec. 10. [116J.4292] [ANNUAL REPORT.]

If a loan is made under section 116J.426, beginning in 2002, the commissioner of finance must report by July 1 of each year to the committees of the house of representatives and the senate with jurisdiction over finance and capital investment on:

(1) the current and anticipated loan repayment schedule and whether payments are being made in a timely fashion;

(2) when the loan is expected to be repaid in full;

(3) state and local tax revenues resulting from naming rights, admissions taxes, and any other revenue, or loss of revenue, that can be attributed to the baseball park; and

(4) state and local expenditures that can be directly or indirectly attributed to the baseball park.

Sec. 11. Minnesota Statutes 2000, section 272.02, is amended by adding a subdivision to read:

Subd. 45. [BASEBALL PARK.] Real or personal property acquired, owned, leased, controlled, used, or occupied as a baseball park by a major league professional baseball team is exempt from taxation but the property is subject to special assessments levied by a political subdivision under chapter 429. The baseball park includes parking facilities and land necessary to and part of the use of the baseball park. A use of the property in any manner different from its use under sections 116J.425 to 116J.4291 at the time must not be considered in determining the special benefit under chapter 429 received by the properties. Notwithstanding section 272.01, subdivision 2, or 273.19, real or personal property at the site of the baseball park leased by the local unit of government that operates the baseball park to another person or entity for uses directly related to the purposes of sections 116J.425 to 116J.4291 is exempt from taxation regardless of the length of the lease. This subdivision shall expire one month after repayment of the loan under section 116J.426, subdivision 3.

Sec. 12. Minnesota Statutes 2000, section 297A.71, is amended by adding a subdivision to read:

Subd. 23. [CONSTRUCTION MATERIALS; BASEBALL PARK.] Materials, supplies, or equipment used or consumed in the construction, equipment, or improvement of the baseball park constructed under sections 116J.425 to 116J.4291, are exempt. This subdivision expires one year after substantial completion of the baseball park." 

Delete the title and insert:

"A bill for an act relating to a baseball park; making legislative findings and stating the intent and purpose of the legislation; authorizing sale of state revenue bonds and a loan of their proceeds; authorizing a process for and selection of a local unit of government to provide a site for a baseball park; providing for financing, construction, and naming rights for the baseball park; requiring the use of steel produced in the United States from taconite produced in Minnesota; providing for repayment of the loan and for certain guarantees by certain parties; providing for imposition of an admissions tax; imposing obligations on the major league baseball team and the commissioner of trade and economic development; requiring appointment of a special panel to make certain findings and determinations to the governor and the legislative commission on planning and fiscal policy; providing certain temporary tax exemptions; requiring a report; amending Minnesota Statutes 2000, sections 16A.67, subdivision 1; 272.02, by adding a subdivision; 297A.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J."

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.

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

H. F. No. 2514, A bill for an act relating to agriculture; expanding emergency authority of the board of animal health to eradicate any dangerous, infectious, or communicable disease affecting domestic animals in the state; amending Minnesota Statutes 2000, section 35.09, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 35.

Reported the same back with the following amendments:

Page 3, after line 14, insert:

"Subd. 4. [EXPIRATION.] This section expires July 31, 2003."

Page 4, after line 20, insert:

"Subd. 5. [EXPIRATION.] This section expires July 31, 2003."

Page 6, after line 31, insert:

"Sec. 4. [EXPIRATION.]

The amendments made by section 3 to Minnesota Statutes, section 35.09, subdivision 3, expire July 31, 2003, and the subdivision as it read prior to the enactment of section 3 is revived and includes all subsequent enactments to that subdivision.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 3 are effective the day following enactment."

With the recommendation that when so amended the bill pass.

The report was adopted. 

H. F. No. 2514 was read for the second time.

S. F. No. 1541 was read for the second time.

The following House Files were introduced:

Jennings, Wolf, Dempsey, Olson, Holsten, Huntley and Davids introduced:

H. F. No. 2533, A bill for an act relating to energy; authorizing the continued operation of the Prairie Island and Monticello nuclear generating plants; requiring a nuclear waste escrow account; amending Minnesota Statutes 2000, sections 116C.77; 116C.771; 116C.774; 116C.779; proposing coding for new law in Minnesota Statutes, chapter 116C.

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

McElroy, Milbert, Dawkins, Abrams and Mares introduced:

H. F. No. 2534, A bill for an act relating to public contracts; defining public contracts; making a legislative finding about them; stating legislative intent regarding breach of a public contract; prohibiting tortious interference with a public contract; providing for standing, injunctive relief, and triple damages; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

Smith, Mares, Murphy and Wenzel introduced:

H. F. No. 2535, A bill for an act relating to retirement; Minneapolis teachers retirement fund; providing for retirement at age 65 and rule of 90; amending Minnesota Statutes 2000, sections 354A.011, subdivision 15a; 354A.31, by adding a subdivision.

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

Clark, K.; Davids; Leighton; Lindner; Rukavina; Sertich; Jaros; Mariani; Solberg; Paymar; Swapinski; Biernat; Greiling; Evans; Walker; Goodwin; Koskinen; Hausman; Dibble; Gunther; Gerlach; Mahoney; Kelliher; Mullery; Skoglund and Entenza introduced:

H. F. No. 2536, A bill for an act relating to international trade agreements; monitoring potential conflicts with certain international standards; amending Minnesota Statutes 2000, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 176.

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

Swenson, Kuisle, Harder, Penas and Skoe introduced:

H. F. No. 2537, A bill for an act relating to taxes; sales and use; including farm implement tires in the definition of farm machinery; amending Minnesota Statutes 2000, section 297A.61, subdivision 12.

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

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 783, A bill for an act relating to crime prevention; specifying that peace officers' use of less lethal munitions does not constitute deadly force; amending Minnesota Statutes 2000, section 609.066, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2498, A bill for an act relating to the financing and operation of government in this state; providing a sales tax rebate; providing property tax reform; making changes to income, franchise, sales and use, property, motor vehicle sales, motor vehicle registration, mortgage registry, deed, motor fuels, cigarette and tobacco, liquor, insurance premiums, lawful gambling, minerals, estate, and special taxes; changing and allowing tax credits, subtractions, and exemptions, including an income tax subtraction for capital gains; providing a biomedical innovation initiative; conforming with changes in federal income tax provisions; providing for allocation and apportionment of income; imposing a state general tax levy on certain property; providing a property tax homestead credit; imposing general levy limits; providing for property tax levy reverse referenda; changing property tax valuation, assessment, levy, classification, homestead, credit, aid, exemption, deferral, review, appeal, abatement, and distribution provisions; abolishing certain property tax levies for transit and establishing a transit fund; providing and modifying certain aids to local units of government; changing levy authority; reducing certain utility taxes and requiring a corresponding rate reduction; changing certain provisions relating to biomass facilities;

providing for disposition of local lodging tax proceeds; providing priorities for disposition of production tax proceeds by the iron range resources and rehabilitation board; providing for certain payments in lieu of taxes; reducing rates on lawful gambling taxes; reducing rates on solid waste management taxes; providing for state takeover of certain costs of district court administration and out-of-home placement; providing for uniform sales and use tax administration; providing for taxation and incentive payments on forest lands; providing for electronic filing and payment of taxes; changing procedures for disposition of seized contraband; abolishing certain health care provider taxes and health plan premium taxes; providing for deposit of certain tobacco settlement and cigarette tax proceeds to the health care access fund; changing tax increment financing provisions and authorizing certain grants, duration extensions, and expenditures; requiring registration of tax increment financing consultants; creating a health care access fund reserve; reducing the tax on life insurance premiums; increasing property tax refunds and changing calculation of rent constituting property taxes for purposes of property tax refunds; reducing taconite production tax and occupation tax rates; providing special authority to certain political subdivisions; authorizing special taxing districts; changing and clarifying tax administration, collection, enforcement, interest, and penalty provisions; changing revenue recapture provisions; authorizing abatements and waivers of fees and certain taxes in disaster areas; changing and imposing fees; changing debt collection provisions for student loans; providing certain duties and powers to the commissioner of revenue; authorizing publication of names of certain delinquent taxpayers; authorizing border city allocations; changing provisions relating to tax-forfeited lands and providing for tax-forfeited lands transfers; defining terms; classifying data; establishing a legislative commission; requiring studies; imposing a criminal penalty; appropriating money; amending Minnesota Statutes 2000, sections 16D.08, subdivision 2; 62J.041, subdivision 1; 62Q.095, subdivision 6; 69.021, subdivision 5; 84.922, by adding a subdivision; 88.49, subdivisions 5, 9a; 88.491, subdivision 2; 97A.065, subdivision 2; 103D.905, subdivision 3; 115B.24, subdivision 2; 123B.55; 126C.01, subdivision 3; 126C.13, subdivision 4; 126C.17, by adding a subdivision; 144.3831, subdivision 2; 168.013, subdivision 1a; 174.24, subdivision 3b; 179A.101, subdivision 1; 179A.102, subdivision 6; 179A.103, subdivision 1; 214.16, subdivisions 2, 3; 216B.2424, subdivision 5; 239.101, subdivision 3; 260.765, by adding a subdivision; 260.771, by adding a subdivision; 270.06; 270.07, subdivision 3; 270.11, by adding a subdivision; 270.12, subdivision 2; 270.271, subdivisions 1, 3; 270.60, subdivision 4, by adding a subdivision; 270.70, subdivision 13; 270.73, subdivision 1; 270.771; 270.78; 270A.03, subdivisions 5, 7; 270A.11; 270B.01, subdivision 8; 270B.02, subdivisions 2, 3; 270B.03, subdivision 6; 270B.14, subdivision 1; 271.01, subdivision 5; 271.21, subdivision 2; 272.02, subdivisions 9, 10, 22, by adding subdivisions; 273.061, subdivisions 1, 2, 8; 273.072, subdivision 1; 273.11, subdivisions 1a, 14, by adding subdivisions; 273.1104, subdivision 2; 273.111, subdivision 4; 273.121; 273.124, subdivisions 8, 13, 14; 273.13, subdivisions 22, 23, 24, 25, 31; 273.1392; 273.1393; 273.1398, subdivisions 1a, 4a, by adding subdivisions; 274.01, subdivision 1; 274.13, subdivision 1; 275.02; 275.065, subdivisions 1, 3, 5a, 6, 8, by adding a subdivision; 275.066; 275.07, subdivision 1; 275.16; 275.62, subdivision 1; 275.70, subdivision 5, by adding subdivisions; 276.04, subdivision 2; 276.11, subdivision 1; 276A.01, subdivision 3; 276A.06, subdivision 3; 282.01, subdivisions 1a, 1b; 282.04, subdivision 2; 287.035; 287.04; 287.08; 287.12; 287.13, by adding a subdivision; 287.20, subdivisions 2, 9; 287.21, subdivision 1; 287.28; 289A.02, subdivision 7, by adding a subdivision; 289A.08, subdivision 16; 289A.11, subdivision 1; 289A.12, subdivision 3; 289A.18, subdivision 4; 289A.20, subdivisions 1, 2, 4; 289A.26, subdivision 2a; 289A.31, subdivision 7; 289A.50, subdivisions 2, 2a; 289A.60, subdivisions 7, 21; 290.01, subdivisions 6b, 7, 19, 19b, 19c, 19d, 22, 29, 31, by adding a subdivision; 290.014, subdivision 5; 290.05, subdivision 1; 290.06, subdivisions 2c, 22; 290.067, subdivisions 1, 2, 2b; 290.0671, subdivisions 1, 1a, 7; 290.0674, subdivisions 1, 2; 290.0675, subdivisions 1, 3; 290.068, subdivisions 1, 3, 4; 290.091, subdivisions 2, 3; 290.0921, subdivisions 1, 2, 3, 6; 290.0922, subdivision 2; 290.093; 290.095, subdivision 2; 290.17, subdivisions 1, 4; 290.191, subdivisions 2, 3; 290.21, subdivision 4; 290.9725; 290A.03, subdivisions 6, 11, 12, 13, 15; 290A.04, subdivisions 2, 2a, 4; 290A.15; 291.005, subdivision 1; 295.55, subdivision 4; 296A.15, subdivisions 1, 7; 296A.16, subdivision 2; 296A.21, subdivisions 1, 4; 296A.24, subdivisions 1, 2; 297A.01, subdivision 3; 297A.07, subdivision 3; 297A.25, subdivisions 3, 11, 28; 297A.61, subdivisions 2, 3, 4, 6, 7, 9, 10, 12, 14, 16, 17, 19, 22, 23, by adding subdivisions; 297A.62, subdivision 3; 297A.64, subdivisions 3, 4; 297A.66, subdivisions 1, 3; 297A.67, subdivisions 2, 8, 23, 24, 25, by adding subdivisions; 297A.68, subdivisions 2, 3, 5, 11, 13, 14, 18, 25, by adding subdivisions; 297A.69, subdivision 2; 297A.70, subdivisions 1, 2, 3, 4, 7, 8, 10, 13, 14; 297A.71, subdivisions 3, 6, by adding subdivisions; 297A.72, subdivision 1; 297A.75; 297A.77, subdivision 1; 297A.80; 297A.82, subdivision 3, by adding a subdivision; 297A.89, subdivision 1; 297A.90, subdivision 1; 297A.91; 297A.92, subdivision 2; 297A.94; 297A.99, subdivisions 7, 9, 11; 297B.03; 297B.09, subdivision 1; 297E.02, subdivisions 1, 4, 6; 297E.16, subdivisions 1, 2; 297F.09, subdivision 7; 297F.10, subdivision 1; 297F.16, subdivision 4; 297F.20, subdivision 3; 297F.21, subdivisions 1, 2, 3; 297G.09, subdivision 6;

297G.15, subdivision 4; 297G.16, subdivisions 5, 7; 297G.20, subdivisions 3, 4; 297H.02, subdivision 2; 297H.03, subdivision 2; 297H.04, subdivision 2, by adding a subdivision; 297H.05; 297H.06, by adding a subdivision; 297H.13, by adding a subdivision; 297I.05, by adding a subdivision; 297I.15, by adding a subdivision; 297I.20; 297I.35, subdivision 2; 297I.40, subdivisions 1, 2, 7; 297I.85, subdivision 7; 298.01, subdivisions 3, 3a, 3b, 4, 4a, 4c; 298.22, subdivision 2, by adding a subdivision; 298.225, subdivision 1; 298.24, subdivision 1; 298.27; 298.28, subdivisions 6, 9a; 298.2961, subdivision 2; 298.75, subdivisions 1, 2, by adding a subdivision; 299D.03, subdivision 5; 345.41; 345.42, by adding a subdivision; 349.19, subdivision 2a; 357.021, subdivision 1a; 461.12, by adding a subdivision; 469.040, subdivision 5; 469.169, by adding a subdivision; 469.1732, subdivision 1; 469.174, subdivisions 1, 3, 10, 10a, 12, 25; 469.175, subdivisions 1, 3, 6, 6b, by adding a subdivision; 469.176, subdivisions 1b, 1c, 1e, 3, 4, 4g, by adding a subdivision; 469.1763, subdivision 6; 469.177, subdivisions 1, 11, by adding a subdivision; 469.1771, subdivision 1; 469.178, by adding a subdivision; 469.1791, subdivisions 1, 3, 9; 469.1812, subdivision 2; 469.1813, subdivisions 4, 6; 469.190, subdivision 3; 469.202, subdivision 2; 473.388, subdivisions 4, 7; 473.446, subdivision 1, by adding a subdivision; 473.843, subdivision 3; 473F.08, subdivision 3; 473H.10, subdivision 3; 475.58, subdivision 1; 477A.011, subdivisions 35, 36; 477A.0121, by adding a subdivision; 477A.0122, by adding a subdivision; 477A.013, subdivisions 1, 9; 477A.03, subdivision 2, by adding a subdivision; 477A.12; 477A.14; 480.181, subdivision 1; 487.33, subdivision 5; 574.34, subdivision 1; Laws 1986, chapter 396, section 5; Laws 1997, chapter 231, article 10, section 25; Laws 1998, chapter 389, article 16, section 35, subdivision 1; Laws 1999, chapter 216, article 7, section 46, subdivision 3; Laws 1999, chapter 243, article 4, section 19; Laws 2000, chapter 490, article 8, section 17; Laws 2000, chapter 490, article 11, section 26; proposing coding for new law in Minnesota Statutes, chapters 3; 12; 16A; 62Q; 103B; 116J; 123B; 144F; 245; 256L; 270; 272; 273; 275; 290; 290A; 295; 296A; 297A; 469; 471; 473; 477A; 480; 484; proposing coding for new law as Minnesota Statutes, chapters 126C; 216B; 290C; repealing Minnesota Statutes 2000, sections 13.4967, subdivision 3; 16A.1521; 16A.76; 62T.10; 126C.13, subdivisions 1, 2, 3; 144.1484, subdivision 2; 256L.02, subdivision 3; 270.31; 270.32; 270.33; 270.34; 270.35; 270.36; 270.37; 270.38; 270.39; 273.13, subdivision 24a; 273.1382; 273.1399; 275.078; 275.08, subdivision 1e; 289A.60, subdivision 15; 290.06, subdivisions 25, 26; 290.0673; 290.095, subdivisions 1a, 7; 290.191, subdivision 4; 290.21, subdivision 3; 290.23; 290.25; 290.31, subdivisions 2, 2a, 3, 4, 5, 19; 290.35; 290.9726, subdivision 7; 290A.04, subdivision 2j; 290A.18, subdivision 2; 295.50; 295.51; 295.52; 295.53; 295.54; 295.55; 295.56; 295.57; 295.58; 295.582; 295.59; 296A.16, subdivision 6; 296A.24, subdivision 3; 297A.61, subdivision 16; 297A.62, subdivision 2; 297A.64, subdivision 1; 297A.68, subdivision 21; 297A.71, subdivisions 2, 15, 16, 21; 297B.032; 297E.16, subdivision 3; 297F.21, subdivision 4; 297G.20, subdivision 5; 297I.05, subdivisions 5, 8; 297I.30, subdivision 3; 298.01, subdivisions 3c, 3d, 4d, 4e; 469.1732, subdivision 2; 469.1734, subdivision 4; 469.1782, subdivision 1; 473.446, subdivision 8; Laws 1988, chapter 426, section 1; Laws 1988, chapter 702, section 16; Laws 1992, chapter 511, article 2, section 52, as amended; Laws 1996, chapter 471, article 8, section 45; Laws 1999, chapter 243, article 6, section 14; Laws 1999, chapter 243, article 6, section 15; Laws 2000, chapter 490, article 6, section 17; Minnesota Rules, parts 8120.0200; 8120.0500; 8120.0700; 8120.0900; 8120.1300; 8120.1600; 8120.2000; 8120.2100; 8120.2200; 8120.2300; 8120.2500; 8120.2700; 8120.2800; 8120.3000; 8120.3200; 8120.4300; 8120.4400; 8120.4500; 8120.4600; 8120.4900; 8120.5000; 8120.5100; 8120.5300.

Patrick E. Flahaven, Secretary of the Senate

Abrams moved that the House refuse to concur in the Senate amendments to H. F. No. 2498, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 266, A bill for an act relating to government; requiring that local governmental units in the metropolitan area include consideration of the protection and development of aggregate resources in their land use plan as a part of their comprehensive plan; amending Minnesota Statutes 2000, section 473.859, subdivision 2. 

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Vickerman, Stevens and Langseth.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Workman moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 266. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 451, 1330, 765, 577, 1098, 453, 1614, 619, 1561 and 1438.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 451, A bill for an act relating to retirement; various statewide and local retirement plans and programs; clarifying the application of the open meeting law to local retirement plans; including certain American Indian tribal governments in police state aid; extending disability coverage to certain privatized university hospital and other public employees; authorizing voluntary employee benefit associations; authorizing various generalized and specific service credit purchases; excluding certain trades personnel from the public employees retirement association; including certain Dakota county agricultural society employees in the public employees retirement association; authorizing mail-in elections and referendums for the Minneapolis police relief association; modifying restrictions on supplemental retirement plans; clarifying membership for certain faculty collective bargaining representatives; requiring bonding or insurance by certain volunteer fire relief association financial consultants; providing a postretirement adjustment to certain Eveleth police and paid fire trust fund retirees; clarifying the eligibility for retirement coverage for various Minnesota state colleges and universities system employees; implementing various public pension plan administrative modifications; including fugitive apprehension officers in the state patrol retirement plan; expanding public employee retirement association general plan membership eligibility; prorating service credit for certain general public employee retirement plan members; extending certain unfunded actuarial accrued liability amortization target dates; eliminating mortality gain and loss transfers for the Minnesota postretirement investment fund; increasing general public employee retirement plan member and employer contribution rates; transferring noncertificated public school employees to membership in the teachers retirement association; mandating a statewide retirement plan administrative consolidation feasibility study; mandating an educational employees retirement plan aggregation feasibility study; funding unpaid retirement contributions from certain closed charter schools; codifying and revising the Minneapolis firefighters relief association law; authorizing social security coverage for legislators; appropriating money; amending Minnesota Statutes 2000, sections 3A.03, subdivision 2; 11A.18, subdivision 7; 13D.01, subdivision 1; 69.011, subdivision 1; 352.01, subdivisions 2a, 2b, 11; 352.113, subdivisions 4, 6; 352.22, subdivision 8; 352.87, subdivisions 4, 5; 352.95, subdivisions 4, 5, 7; 352B.01, subdivisions 2, 3, 11; 352B.10, subdivision 3; 352B.101; 353.01, subdivisions 1, 2, 2a, 2b, 6, 7, 11b, 12, 12a, 16, by adding subdivisions; 353.026; 353.03, subdivision 1; 353.27, subdivisions 2, 3, 4, 10, 11; 353.28, subdivision 8; 353.86, subdivision 1; 354.05, subdivision 2; 354.41, subdivision 4; 354.52, subdivision 4; 354.534, subdivision 1; 354.536, subdivision 1; 354.539; 354A.011, subdivision 24; 354A.098, subdivision 1; 354A.101, subdivision 1;

354A.106; 354A.12, subdivision 5; 354A.31, subdivision 3; 354A.35, subdivision 4; 356.215, subdivision 4g; 356.24, subdivision 1; 356.55, subdivision 7; 356A.06, subdivision 5; 356A.08, subdivision 1; 422A.155; 423B.01, by adding a subdivision; 423B.05, by adding subdivisions; 424A.04, by adding a subdivision; 490.121, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 3A; 13; 352; 352F; 353F; 354; 354A; 354B; 355; 356; 383D; proposing coding for new law as Minnesota Statutes, chapter 423C; repealing Minnesota Statutes 2000, sections 354.41, subdivision 9; 354A.026; Laws 1907, chapter 24; Laws 1913, chapter 318; Laws 1913, chapter 419; Laws 1917, chapter 196; Laws 1919, chapter 515; Laws 1919, chapter 523; Laws 1921, chapter 404; Laws 1923, chapter 61; Laws 1945, chapter 322; Laws 1959, chapter 213; Laws 1959, chapter 491; Laws 1959, chapter 568; Laws 1961, chapter 109; Extra Session Laws 1961, chapter 3; Laws 1963, chapter 318; Laws 1965, chapter 519; Laws 1965, chapter 578; Laws 1967, chapter 819; Laws 1967, chapter 824; Laws 1969, chapter 123; Laws 1969, chapter 287; Laws 1971, chapter 542; Laws 1975, chapter 57; Laws 1977, chapter 164, section 2; Laws 1980, chapter 607, article XV, sections 8, 9, 10; Laws 1988, chapter 572, sections 4, 5, 6; Laws 1988, chapter 574, sections 3, 4, 5; Laws 1989, chapter 319, article 19, sections 6, 7; Laws 1990, chapter 589, article 1, sections 5, 6; Laws 1992, chapter 429; Laws 1992, chapter 454, section 2; Laws 1992, chapter 471, article 2; Laws 1993, chapter 125; Laws 1993, chapter 192, section 32; Laws 1994, chapter 591; Laws 1994, chapter 632, article 3, section 14; Laws 1996, chapter 448, article 2, section 3; Laws 1996, chapter 448, article 3, section 1; Laws 1997, chapter 233, article 4, sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22; Laws 1998, chapter 390, article 7, section 2; Laws 2000, chapter 461, article 17, sections 6, 7, 8, 9, 10, 11, 12, 13.

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

S. F. No. 1330, A bill for an act relating to unemployment insurance; providing extra benefits for certain employees.

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

S. F. No. 765, A bill for an act relating to human services; prescription drug rebate program; appropriating money; amending Minnesota Statutes 2000, sections 8.31, subdivision 1; 256.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256.

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

S. F. No. 577, A bill for an act relating to metropolitan government; regulating transit on park roads in St. Paul; preserving an existing transit route; amending Minnesota Statutes 2000, section 473.411, subdivision 5.

The bill was read for the first time.

Hausman moved that S. F. No. 577 and H. F. No. 730, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1098, A bill for an act relating to state government; 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; 270.06; 297F.04, subdivision 1; 297F.13, subdivision 4; 325D.33, subdivision 8, by adding a subdivision; 325D.405; 325D.415; repealing Minnesota Statutes 2000, section 325D.33, subdivision 5.

The bill was read for the first time.

Davids moved that S. F. No. 1098 and H. F. No. 1293, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed. 

S. F. No. 453, A bill for an act relating to bleacher safety; providing exemptions for bleachers owned or erected by certain organizations; providing an extension for county agricultural societies; amending Minnesota Statutes 2000, section 16B.616, subdivision 3.

The bill was read for the first time.

Westerberg moved that S. F. No. 453 and H. F. No. 427, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1614, A bill for an act relating to civil law; providing for civil actions against the state under the federal Age Discrimination in Employment Act, the federal Fair Labor Standards Act, the federal Family and Medical Leave Act, and the federal Americans With Disabilities Act; proposing coding for new law in Minnesota Statutes, chapter 1.

The bill was read for the first time.

Entenza moved that S. F. No. 1614 and H. F. No. 1655, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 619, A bill for an act relating to domestic violence; expanding the definition of domestic abuse; requiring additional findings before pretrial release of a defendant accused of domestic abuse, harassment, or violation of an order for protection or a no contact order; providing that additional crimes and crimes from other jurisdictions may be used to enhance certain criminal penalties; increasing criminal penalties; specifying standards for domestic abuse offender programs and directing that certain persons be ordered into these programs; requiring data collection on disorderly conduct convictions; providing that there is no residency requirement for order for protection petitions; prioritizing the payment of restitution and fines over domestic abuse investigation fees; clarifying the scope of the mandatory arrest provision of the domestic abuse order for protection law consistent with the original legislative intent; amending Minnesota Statutes 2000, sections 299C.10, subdivision 1; 518B.01, subdivisions 2, 3, 6, 14; 609.02, by adding a subdivision; 609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 4; 609.2244, subdivisions 2, 4; 609.748, subdivision 6; 609.749, subdivisions 4, 5; 629.72; proposing coding for new law in Minnesota Statutes, chapter 518B.

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

S. F. No. 1561, A bill for an act relating to commerce; revised Article 9 of the Uniform Commercial Code; making corrective and conforming amendments; appropriating money; amending Minnesota Statutes 2000, sections 27.138, subdivisions 2 and 3; 86B.820, subdivisions 10 and 11; 86B.880, subdivision 2; 168A.01, subdivisions 18 and 19; 168A.05, subdivision 8; 168A.17, subdivision 2; 169A.63, subdivisions 7 and 11; 268.058, subdivision 1; 270.69, subdivisions 2, 9, and 13; 270.7001, subdivision 4; 272.483; 272.484; 272.488, subdivision 3; 277.20, subdivision 8; 300.112, subdivision 1; 325L.16; 336.2-210; 336.9-102; 336.9-201; 336.9-203; 336.9-311; 336.9-317; 336.9-334; 336.9-407; 336.9-509; 336.9-521; 336.9-601; 336.9-607; 336.9-617; 336.9-619; 336A.01, subdivision 4; 507.24, subdivision 2; 514.18, subdivision 2; 514.221, subdivisions 2 and 3; 514.661, subdivisions 3, 4, 5, and 6; 514.945, subdivisions 2, 4, and 6; 515B.3-116; 515B.3-117; 550.13; 557.12, subdivision 5; 583.26, subdivisions 1 and 2; and 583.284; Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law in Minnesota Statutes, chapters 336; 507; 508; and 508A; repealing Minnesota Statutes 2000, sections 168A.17, subdivision 3; 336.11-101; 336.11-102; 336.11-103; 336.11-104; 336.11-105; 336.11-106; 336.11-107; and 336.11-108; Minnesota Rules, parts 8260.0600; 8260.0700; 8260.0800; 8260.0900; 8260.1000; 8260.1100; 8270.0010; 8270.0050; 8270.0100; 8270.0105; 8270.0110; 8270.0115; 8270.0200; 8270.0205; 8270.0210; 8270.0215; 8270.0220; 8270.0225; 8270.0230; 8270.0235; 8270.0240; 8270.0245; 8270.0255; 8270.0260; 8270.0265; and 8270.0270.

The bill was read for the first time.

Entenza moved that S. F. No. 1561 and H. F. No. 1733, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed. 

S. F. No. 1438, A bill for an act relating to public employment; ratifying certain labor agreements and proposals; modifying public employee compensation provisions; amending Minnesota Statutes 2000, sections 3.855, subdivision 3; 15A.0815, subdivision 1, and by adding a subdivision; 136F.07; 136F.40, subdivision 2; and 179A.15; repealing Minnesota Statutes 2000, section 43A.18, subdivisions 4a and 5.

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

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 704

A bill for an act relating to health; creating exception from criminal rehabilitation provisions for emergency medical services personnel; amending Minnesota Statutes 2000, section 364.09.

May 10, 2001

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

We, the undersigned conferees for H. F. No. 704, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment.

We request adoption of this report and repassage of the bill.

House Conferees: Doug Fuller, Dale Walz and Debra Hilstrom.

Senate Conferees: Becky Lourey, Dallas C. Sams and Sheila M. Kiscaden.

Fuller moved that the report of the Conference Committee on H. F. No. 704 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 704, A bill for an act relating to health; creating exception from criminal rehabilitation provisions for emergency medical services personnel; amending Minnesota Statutes 2000, section 364.09.

The bill was read for the third time, as amended by Conference, and placed upon its repassage.

The question was taken on the repassage 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	Eastlund	Howes	Lindner	Paulsen	Swapinski
Abrams	Entenza	Huntley	Lipman	Pawlenty	Swenson
Anderson, B.	Erhardt	Jacobson	Luther	Paymar	Sykora
Anderson, I.	Erickson	Jaros	Mahoney	Pelowski	Thompson
Bakk	Evans	Jennings	Mares	Penas	Tingelstad
Bernardy	Finseth	Johnson, J.	Mariani	Peterson	Tuma
Biernat	Folliard	Johnson, R.	Marko	Pugh	Vandeveer
Boudreau	Fuller	Johnson, S.	Marquart	Rhodes	Wagenius
Bradley	Gerlach	Juhnke	McElroy	Rifenberg	Walker
Buesgens	Gleason	Kahn	McGuire	Rukavina	Walz
Carlson	Goodno	Kalis	Milbert	Ruth	Wasiluk
Cassell	Goodwin	Kelliher	Molnau	Schumacher	Wenzel
Clark, J.	Greiling	Kielkucki	Mulder	Seagren	Westerberg
Daggett	Gunther	Knoblach	Mullery	Seifert	Westrom
Davids	Haas	Koskinen	Murphy	Sertich	Wilkin
Davnie	Hackbarth	Krinkie	Ness	Skoe	Winter
Dawkins	Harder	Kubly	Nornes	Skoglund	Wolf
Dehler	Hausman	Kuisle	Opatz	Slawik	Workman
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4921
Dempsey	Hilstrom	Leighton	Osskopp	Smith	Spk. Sviggum
Dibble	Hilty	Lenczewski	Osthoff	Solberg
Dorman	Holberg	Leppik	Otremba	Stanek
Dorn	Holsten	Lieder	Ozment	Stang

The bill was repassed, as amended by Conference, and its title agreed to.

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 Tuesday, May 15, 2001:

S. F. No. 1495; H. F. No. 634; S. F. No. 1485; H. F. No. 2205; S. F. Nos. 1033 and 2022; H. F. No. 2362; S. F. No. 1043; H. F. No. 1733; and S. F. No. 1583.

The Speaker called Abrams to the Chair.

S. F. No. 1495 was reported to the House.

Dorman, Westrom, Skoe, Davids, Rifenberg, Juhnke, Wenzel, Kelliher, Mulder, Peterson, Kuisle, Ness, Lieder, Winter, Marquart, Swenson, Kalis and Kubly moved to amend S. F. No. 1495, the unofficial engrossment, as follows:

Page 29, delete lines 4 to 25 and insert:

"Sec. 33. [239.77] [BIODIESEL MANDATE; EXCEPTION.]

Subdivision 1. [BIODIESEL FUEL OIL DEFINED.] "Biodiesel fuel oil" means a biodegradable, combustible liquid fuel derived from vegetable oils and/or animal fats that meets ASTM specifications PS 121-99 and is suitable for blending with diesel fuel oil for use in internal combustion diesel engines. 

Subd. 2. [MINIMUM CONTENT, EFFECTIVE DATE.] (a) Not later than July 1, 2002, or 60 days after the commissioner of agriculture publishes notice in the State Register that the installed capacity in Minnesota for the production of biodiesel fuel oil meets or exceeds 1.0 percent of the quantity of diesel fuel sold in the state during the previous calendar year, whichever date is later, all diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines must contain at least 2.0 percent biodiesel fuel oil by volume.

(b) Not later than July 1, 2006, or 60 days after the commissioner of agriculture publishes notice in the State Register that Minnesota farmer-owned capacity in Minnesota for the production of biodiesel fuel oil meets or exceeds 2.5 percent of the quantity of diesel fuel sold in the state during the previous calendar year, whichever date is later, all diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines must contain at least 5.0 percent biodiesel fuel oil by volume. For purposes of this paragraph, "Minnesota farmer-owned" means that 51 percent or more of the financial and capital investment and control in the processing enterprise are farmers, as defined in section 500.24, subdivision 2, paragraph (n), residing in Minnesota.

Subd. 3. [EXCEPTION.] The minimum content requirements of subdivision 2 do not apply to fuel used in motors located at an electric generating plant in the state regulated by the federal Nuclear Regulatory Commission. This exemption expires 30 days after the Nuclear Regulatory Commission has approved the use of biodiesel fuel oil in such motors."

Amend the title accordingly

A roll call was requested and properly seconded.

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

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

McElroy 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.

Jennings was excused between the hours of 11:00 a.m. and 12:40 p.m.

The question recurred on the Dorman et al amendment and the roll was called.

Pursuant to rule 2.05, Molnau and Solberg were excused by Speaker pro tempore Abrams from voting on the Dorman et al amendment to S. F. No. 1495.

There were 57 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Bishop	Evans	Johnson, R.	Mares	Pelowski	Tuma
Cassell	Finseth	Juhnke	Mariani	Penas	Wagenius
Clark, J.	Gleason	Kahn	Marquart	Peterson	Wasiluk
Clark, K.	Goodno	Kalis	McGuire	Rifenberg	Wenzel
Davids	Gray	Kelliher	Mulder	Ruth	Westrom
Dehler	Greiling	Kubly	Ness	Schumacher	Winter
Dibble	Gunther	Kuisle	Nornes	Seifert	Spk. Sviggum
Dorman	Harder	Leighton	Osskopp	Skoe
Dorn	Hausman	Lieder	Otremba	Stang
Entenza	Hilty	Luther	Pawlenty	Swenson

Those who voted in the negative were:

Abeler	Dawkins	Holsten	Leppik	Paulsen	Thompson
Abrams	Dempsey	Howes	Lindner	Paymar	Tingelstad
Anderson, B.	Eastlund	Huntley	Lipman	Pugh	Vandeveer
Anderson, I.	Erhardt	Jacobson	Mahoney	Rhodes	Walker
Bakk	Erickson	Jaros	Marko	Rukavina	Walz
Bernardy	Folliard	Johnson, J.	McElroy	Seagren	Westerberg
Biernat	Fuller	Johnson, S.	Milbert	Sertich	Wilkin
Boudreau	Gerlach	Kielkucki	Mullery	Skoglund	Wolf
Bradley	Goodwin	Knoblach	Murphy	Slawik	Workman
Buesgens	Haas	Koskinen	Olson	Smith
Carlson	Hackbarth	Krinkie	Opatz	Stanek
Daggett	Hilstrom	Larson	Osthoff	Swapinski
Davnie	Holberg	Lenczewski	Ozment	Sykora

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

Gunther, Dawkins and Stanek moved to amend S. F. No. 1495, the unofficial engrossment, as follows:

Page 15, after line 31, insert:

"Sec. 13. Minnesota Statutes 2000, section 28A.075, is amended to read:

28A.075 [DELEGATION TO LOCAL BOARD OF HEALTH.]

(a) At the request of a local board of health that licensed and inspected grocery and convenience stores on January 1, 1999, the commissioner must enter into agreements before January 1, 2001, with local boards of health to delegate to the appropriate local board of health the licensing and inspection duties of the commissioner pertaining

to retail food handlers that are grocery or convenience stores. At the request of a local board of health that licensed and inspected part of any grocery or convenience store on January 1, 1999, the commissioner must enter into agreements before July 1, 2001, with local boards of health to delegate to the appropriate local board of health the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery or convenience stores. At any time thereafter, the commissioner may enter into an agreement with a local board of health that licensed and inspected all or part of any grocery or convenience store on January 1, 1999, to delegate to the appropriate local board of health the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery or convenience stores. Retail grocery or convenience stores inspected under the state meat inspection program of chapter 31A are exempt from delegation.

(b) A local board of health must adopt an ordinance consistent with the Minnesota Food Code, Minnesota Rules, chapter 4626, for all of its jurisdiction to regulate grocery and convenience stores and the ordinance (Food Code) must not be in conflict with standards set in law or rule.

(c) A fee to recover the estimated costs of enforcement of this chapter shall not exceed the combination of state fees specified in section 28A.08 and fees paid for inspections conducted by the local board of health similar to those specified in section 28A.08 that were paid by each licensee immediately prior to the local board of health entering into the delegation agreement. The fee must be established by ordinance and must be fair, reasonable, and proportionate to the actual cost of the licensing and inspection services. The fee must only be maintained and used for the estimated costs of enforcing this chapter. The local board of health shall take reasonable steps to send notice by mail at least 60 days prior to any public meeting regarding proposed fee changes to the last known address of each licensee or person required to hold a license and to a statewide trade association representing grocery and convenience stores. Notice to individual license holders shall state the current fee paid by the license holder and the proposed fee for the individual license holder and the current fee structure and the proposed fee structure. The notice shall state the time, place, and date of the meeting."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Huntley and Davids moved to amend S. F. No. 1495, the unofficial engrossment, as amended, as follows:

Page 29, after line 36, insert:

"Sec. 35. [239.776] [PUMP WARNING.]

A pump dispensing biodiesel fuel oil must display a warning if the fuel oil contains a component derived from genetically modified soybeans."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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

Solberg moved that the call of the House be suspended. The motion prevailed and it was so ordered.

Kahn, McGuire, Hausman, Huntley, Swapinski, Wagenius and Juhnke moved to amend S. F. No. 1495, the unofficial engrossment, as amended, as follows:

Page 29, delete lines 4 to 25 and insert:

"Sec. 33. [239.77] [BIODIESEL MANDATE; EXCEPTION.]

Subdivision 1. [BIODIESEL FUEL OIL DEFINED.] "Biodiesel fuel oil" means a biodegradable, combustible liquid fuel derived from vegetable oils and/or animal fats that meets ASTM specifications PS 121-99 and is suitable for blending with diesel fuel oil for use in internal combustion diesel engines.

Subd. 2. [MINIMUM CONTENT, EFFECTIVE DATE.] (a) Not later than July 1, 2002, all dyed diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines in agricultural equipment must contain at least 2.0 percent biodiesel fuel oil by volume."

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kahn et al amendment and the roll was called.

Pursuant to rule 2.05, Molnau and Solberg were excused by Speaker pro tempore Abrams from voting on the Kahn et al amendment to S. F. No. 1495, as amended.

There were 70 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Johnson, R.	Leppik	Opatz	Slawik
Bakk	Gerlach	Johnson, S.	Lieder	Osthoff	Stang
Bernardy	Gleason	Juhnke	Luther	Otremba	Swapinski
Biernat	Goodwin	Kahn	Mahoney	Paymar	Thompson
Carlson	Gray	Kalis	Mariani	Peterson	Wagenius
Clark, K.	Greiling	Kelliher	Marko	Pugh	Walker
Dawkins	Harder	Koskinen	Marquart	Rhodes	Wasiluk
Dehler	Hausman	Krinkie	McGuire	Rukavina	Wenzel
Dibble	Hilstrom	Kubly	Milbert	Schumacher	Westrom
Dorn	Hilty	Larson	Mullery	Seifert	Winter
Entenza	Huntley	Leighton	Murphy	Sertich
Evans	Jaros	Lenczewski	Ness	Skoglund

Those who voted in the negative were:

Abeler	Davnie	Hackbarth	Mares	Rifenberg	Walz
Abrams	Dempsey	Holberg	McElroy	Ruth	Westerberg
Anderson, B.	Dorman	Holsten	Mulder	Seagren	Wilkin
Bishop	Eastlund	Howes	Nornes	Skoe	Wolf
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4926
Boudreau	Erhardt	Jacobson	Olson	Smith	Workman
Bradley	Erickson	Johnson, J.	Osskopp	Stanek	Spk. Sviggum
Buesgens	Finseth	Kielkucki	Ozment	Swenson
Cassell	Fuller	Knoblach	Paulsen	Sykora
Clark, J.	Goodno	Kuisle	Pawlenty	Tingelstad
Daggett	Gunther	Lindner	Pelowski	Tuma
Davids	Haas	Lipman	Penas	Vandeveer

The motion prevailed and the amendment was adopted.

Paymar, Entenza, Dawkins and Hausman moved to amend S. F. No. 1495, the unofficial engrossment, as amended, as follows:

Page 32, after line 29, insert:

"Sec. 43. [GOPHER STATE ETHANOL PLANT ODOR.]

If the city council of the city of Saint Paul notifies the commissioner of agriculture that the council has adopted a resolution determining that the odor problems at gopher state ethanol have continued for a period of 30 days or longer after installation of the thermal oxidizer, the commissioner shall immediately suspend all ethanol producer payments to gopher state ethanol under Minnesota Statutes, section 41A.09, subdivision 3a. The commissioner must not make ethanol producer payments for any quarter during which a negative resolution of the city council is in effect. Payments may resume for production during quarters following a resolution of the city council determining that odor problems at the ethanol plant have been corrected. Payments foregone during a period of suspension are not eligible for catch-up payments under section 41A.09, subdivision 3a, paragraph (j)."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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

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

Abeler	Dorman	Hilty	Lenczewski	Otremba	Stang
Abrams	Dorn	Holberg	Leppik	Ozment	Swapinski
Anderson, B.	Eastlund	Holsten	Lieder	Paulsen	Swenson
Anderson, I.	Entenza	Howes	Lindner	Paymar	Sykora
Bakk	Erhardt	Huntley	Luther	Pelowski	Thompson
Bernardy	Erickson	Jacobson	Mahoney	Penas	Tingelstad
Biernat	Evans	Jaros	Mares	Peterson	Tuma
Bishop	Finseth	Johnson, J.	Mariani	Pugh	Vandeveer
Boudreau	Folliard	Johnson, R.	Marko	Rhodes	Wagenius
Bradley	Fuller	Johnson, S.	Marquart	Rifenberg	Walker
Buesgens	Gerlach	Juhnke	McGuire	Rukavina	Walz
Carlson	Gleason	Kahn	Milbert	Ruth	Wasiluk
Cassell	Goodno	Kalis	Molnau	Schumacher	Wenzel
Clark, J.	Goodwin	Kelliher	Mulder	Seagren	Westerberg
Clark, K.	Gray	Kielkucki	Mullery	Seifert	Westrom
Daggett	Greiling	Knoblach	Murphy	Sertich	Wilkin
Davids	Gunther	Koskinen	Ness	Skoe	Winter
Davnie	Haas	Krinkie	Nornes	Skoglund	Wolf
Dawkins	Hackbarth	Kubly	Olson	Slawik	Workman
Dehler	Harder	Kuisle	Opatz	Smith	Spk. Sviggum
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4927
Dempsey	Hausman	Larson	Osskopp	Solberg
Dibble	Hilstrom	Leighton	Osthoff	Stanek

Seifert 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.

Westrom moved that the vote whereby the Kahn et al amendment to S. F. No. 1495, the unofficial engrossment, as amended, was adopted earlier today be now reconsidered.

A roll call was requested and properly seconded.

The question was taken on the Westrom motion and the roll was called. There were 83 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Abeler	Dempsey	Hilty	Lieder	Pawlenty	Swenson
Abrams	Dorman	Holberg	Lipman	Pelowski	Sykora
Anderson, I.	Eastlund	Holsten	Mares	Penas	Thompson
Bakk	Entenza	Howes	Marquart	Peterson	Tingelstad
Bishop	Erhardt	Jacobson	McElroy	Rhodes	Tuma
Boudreau	Erickson	Juhnke	Molnau	Rifenberg	Vandeveer
Bradley	Finseth	Kelliher	Mulder	Ruth	Walz
Buesgens	Fuller	Kielkucki	Ness	Schumacher	Wenzel
Cassell	Gleason	Knoblach	Nornes	Seagren	Westerberg
Clark, J.	Goodno	Kubly	Olson	Seifert	Westrom
Daggett	Gunther	Kuisle	Opatz	Skoe	Winter
Davids	Haas	Leighton	Osskopp	Slawik	Wolf
Davnie	Hackbarth	Lenczewski	Ozment	Stanek	Spk. Sviggum
Dehler	Harder	Leppik	Paulsen	Stang

Those who voted in the negative were:

Anderson, B.	Folliard	Johnson, J.	Luther	Otremba	Wagenius
Bernardy	Gerlach	Johnson, R.	Mahoney	Paymar	Walker
Biernat	Goodwin	Johnson, S.	Mariani	Pugh	Wasiluk
Carlson	Gray	Kahn	Marko	Rukavina	Wilkin
Clark, K.	Greiling	Kalis	McGuire	Sertich	Workman
Dawkins	Hausman	Koskinen	Milbert	Skoglund
Dibble	Hilstrom	Krinkie	Mullery	Smith
Dorn	Huntley	Larson	Murphy	Solberg
Evans	Jaros	Lindner	Osthoff	Swapinski

The motion prevailed.

Seifert moved that the call of the House be suspended. The motion prevailed and it was so ordered.

The Kahn, McGuire, Hausman, Huntley, Swapinski, Wagenius and Juhnke amendment to S. F. No. 1495, the unofficial engrossment, as amended, was again reported to the House.

Page 29, after line 3, insert:

"Sec. 33. [239.77] [BIODIESEL MANDATE; EXCEPTION.]

Subdivision 1. [BIODIESEL FUEL OIL DEFINED.] "Biodiesel fuel oil" means a biodegradable, combustible liquid fuel derived from vegetable oils and/or animal fats that meets ASTM specifications PS 121-99 and is suitable for blending with diesel fuel oil for use in internal combustion diesel engines.

Subd. 2. [MINIMUM CONTENT, EFFECTIVE DATE.] (a) Not later than July 1, 2002, all dyed diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines in agricultural (non-logging) equipment must contain at least 2.0 percent biodiesel fuel oil by volume."

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kahn et al amendment and the roll was called.

Pursuant to rule 2.05, Solberg was excused by Speaker pro tempore Abrams from voting on the Kahn et al amendment to S. F. No. 1495, as amended.

There were 60 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Entenza	Hilty	Knoblach	Mariani	Rukavina
Bakk	Evans	Huntley	Koskinen	McGuire	Schumacher
Bernardy	Folliard	Jaros	Krinkie	Milbert	Sertich
Biernat	Gerlach	Jennings	Kubly	Mullery	Skoglund
Carlson	Gleason	Johnson, R.	Larson	Murphy	Swapinski
Clark, K.	Goodwin	Johnson, S.	Leighton	Opatz	Wagenius
Davnie	Gray	Juhnke	Leppik	Osthoff	Walker
Dawkins	Greiling	Kahn	Lieder	Otremba	Wasiluk
Dibble	Hausman	Kalis	Lindner	Paymar	Winter
Dorn	Hilstrom	Kelliher	Luther	Pugh	Workman

Those who voted in the negative were:

Abeler	Dorman	Howes	Mulder	Ruth	Vandeveer
Abrams	Eastlund	Jacobson	Ness	Seagren	Walz
Anderson, B.	Erhardt	Johnson, J.	Nornes	Seifert	Wenzel
Bishop	Erickson	Kielkucki	Olson	Skoe	Westerberg
Boudreau	Finseth	Kuisle	Osskopp	Slawik	Westrom
Bradley	Fuller	Lenczewski	Ozment	Smith	Wilkin
Buesgens	Goodno	Lipman	Paulsen	Stanek	Wolf
Cassell	Gunther	Mahoney	Pawlenty	Stang	Spk. Sviggum
Clark, J.	Haas	Mares	Pelowski	Swenson
Daggett	Hackbarth	Marko	Penas	Sykora
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4929
Davids	Harder	Marquart	Peterson	Thompson
Dehler	Holberg	McElroy	Rhodes	Tingelstad
Dempsey	Holsten	Molnau	Rifenberg	Tuma

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

Skoglund moved to amend S. F. No. 1495, the unofficial engrossment, as amended, as follows:

Page 29, line 14, after the first comma, insert "metropolitan airport commission,"

A roll call was requested and properly seconded.

The question was taken on the Skoglund amendment and the roll was called. There were 61 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abeler	Dibble	Huntley	Leighton	Otremba	Wagenius
Anderson, I.	Dorn	Jaros	Leppik	Paymar	Walker
Bakk	Entenza	Jennings	Luther	Pugh	Wasiluk
Bernardy	Evans	Johnson, R.	Mahoney	Rhodes	Wenzel
Biernat	Folliard	Johnson, S.	Mares	Rukavina	Westrom
Carlson	Gleason	Juhnke	Mariani	Schumacher	Winter
Clark, J.	Goodwin	Kahn	Marquart	Seifert
Clark, K.	Gray	Kalis	McGuire	Sertich
Davnie	Greiling	Kelliher	Mulder	Skoglund
Dawkins	Hilstrom	Koskinen	Mullery	Stang
Dehler	Hilty	Kubly	Murphy	Swapinski

Those who voted in the negative were:

Abrams	Erhardt	Howes	Marko	Pelowski	Thompson
Anderson, B.	Erickson	Jacobson	McElroy	Penas	Tingelstad
Bishop	Finseth	Johnson, J.	Milbert	Peterson	Tuma
Boudreau	Fuller	Kielkucki	Ness	Rifenberg	Vandeveer
Bradley	Gerlach	Knoblach	Nornes	Ruth	Walz
Buesgens	Goodno	Krinkie	Olson	Seagren	Westerberg
Cassell	Gunther	Kuisle	Opatz	Skoe	Wilkin
Daggett	Haas	Larson	Osskopp	Slawik	Wolf
Davids	Hackbarth	Lenczewski	Osthoff	Smith	Workman
Dempsey	Harder	Lieder	Ozment	Stanek	Spk. Sviggum
Dorman	Holberg	Lindner	Paulsen	Swenson
Eastlund	Holsten	Lipman	Pawlenty	Sykora

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

The Speaker resumed the Chair.

Dawkins, Osthoff, Wolf, Juhnke, Davnie, Hausman and Paymar moved to amend S. F. No. 1495, the unofficial engrossment, as amended, as follows:

Page 32, after line 29, insert:

"Sec. 43. [GOPHER STATE ETHANOL PLANT ODOR.]

If gopher state ethanol does not install a thermal oxidizer by December 30, 2001, the commissioner of agriculture shall immediately suspend all ethanol producer payments to gopher state ethanol under Minnesota Statutes, section 41A.09, subdivision 3a."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Wasiluk was excused for the remainder of today's session.

Abrams moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

S. F. No. 1495, the unofficial engrossment, as amended, was again reported to the House.

Dorman moved to amend S. F. No. 1495, the unofficial engrossment, as amended, as follows:

Page 29, after line 16, insert:

"Subd. 3. [MINIMUM CONTENT, EFFECTIVE DATE.] (a) Not later than July 1, 2002, all dyed diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines in agricultural nonlogging equipment must contain at least 2.0 percent biodiesel fuel oil by volume.

Subd. 4. [MINIMUM CONTENT, EFFECTIVE DATE.] Not later than July 1, 2003, or 60 days after the commissioner of agriculture publishes notice in the State Register that the installed capacity in Minnesota for the production of biodiesel fuel oil meets or exceeds 1.0 percent of the quantity of diesel fuel sold in the state during the previous calendar year, whichever date is later, all diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines must contain at least 2.0 percent biodiesel fuel oil by volume. 

Subd. 5. [EXCEPTION.] The minimum content requirements of subdivision 3 do not apply to fuel used in motors located at an electric generating plant in the state regulated by the federal Nuclear Regulatory Commission. This exemption expires 30 days after the Nuclear Regulatory Commission has approved the use of biodiesel fuel oil in such motors.

Subd. 6. [BIODIESEL SUPPLY AND DISTRIBUTION REPORT.] By February 15 in 2002 and 2003, the commissioner of agriculture shall report to the senate and house committees with jurisdiction over agriculture policy on the production and distribution of biodiesel fuel oil in Minnesota and the adequacy of biodiesel fuel oil supplies and the distribution system to achieve the requirement. The reports may include any recommendations of the commissioner for changes to the biodiesel fuel oil requirement."

Renumber the remaining subdivisions

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The Speaker called Boudreau to the Chair.

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

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

Seifert 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 Speaker resumed the Chair.

Opatz raised a point of order pursuant to rule 2.32 relating to Order in Debate. The Speaker ruled the point of order well taken.

The question recurred on the Dorman amendment and the roll was called.

Pursuant to rule 2.05, Molnau and Solberg were excused by the Speaker from voting on the Dorman amendment to S. F. No. 1495, as amended.

There were 59 yeas and 72 nays as follows:

Those who voted in the affirmative were:

Bishop	Eastlund	Hausman	Lieder	Pawlenty	Stang
Boudreau	Entenza	Jennings	Luther	Paymar	Swenson
Cassell	Erickson	Johnson, R.	Mares	Pelowski	Tuma
Clark, J.	Evans	Juhnke	Mariani	Penas	Wagenius
Clark, K.	Finseth	Kahn	Marquart	Peterson	Walker
Davids	Gleason	Kalis	Mulder	Rifenberg	Wenzel
Dehler	Goodno	Kelliher	Ness	Ruth	Westrom
Dibble	Goodwin	Kubly	Nornes	Schumacher	Winter
Dorman	Gunther	Kuisle	Osskopp	Seifert	Spk. Sviggum
Dorn	Harder	Leighton	Otremba	Skoe

Those who voted in the negative were:

Abeler	Dawkins	Holberg	Larson	Olson	Smith
Abrams	Dempsey	Holsten	Lenczewski	Opatz	Stanek
Anderson, B.	Erhardt	Howes	Leppik	Osthoff	Swapinski
Anderson, I.	Folliard	Huntley	Lindner	Ozment	Sykora
Bakk	Fuller	Jacobson	Lipman	Paulsen	Thompson
Bernardy	Gerlach	Jaros	Mahoney	Pugh	Tingelstad
Biernat	Gray	Johnson, J.	Marko	Rhodes	Vandeveer
Bradley	Greiling	Johnson, S.	McElroy	Rukavina	Walz
Buesgens	Haas	Kielkucki	McGuire	Seagren	Westerberg
Carlson	Hackbarth	Knoblach	Milbert	Sertich	Wilkin
Daggett	Hilstrom	Koskinen	Mullery	Skoglund	Wolf
Davnie	Hilty	Krinkie	Murphy	Slawik	Workman

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

Westerberg, Bernardy, Wilkin, Abeler, Haas and Tingelstad moved to amend S. F. No. 1495, the unofficial engrossment, as amended, as follows:

Page 29, line 14, after "services" insert "with 50 or more vehicles"

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

S. F. No. 1495, A bill for an act relating to agriculture; modifying provisions of the value-added agricultural product processing and marketing grant program; eliminating the late fee for the license to use the Minnesota grown label; clarifying the term "private contributions" for the Minnesota grown matching account; modifying provisions of the shared savings loan program and the sustainable agriculture demonstration grant program; modifying provisions of the agriculture best management practices loan program; regulating pesticide application in certain schools; modifying financing limitations for the administration of the state meat inspection program; authorizing the state agricultural society to establish a nonprofit corporation for charitable purposes; modifying provisions relating to the rural finance authority; extending the sunset date and providing for designation of replacement members of the Minnesota agriculture education leadership council; modifying the definition of "agricultural land" for the purpose of recreational trespass; extending the sunset of the dairy producers board, and conditionally voiding its repeal; providing for pesticide application on golf courses; changing certain membership provisions on the state agricultural society; defining biodiesel fuel and requiring it in diesel fuel oil; requiring reports on it; allowing natural gasoline as a petroleum component in E85 fuel; extending the sunset date for the farmer-lender mediation program; providing a temporary waiver of board of animal health rules for use of biological products on poultry; adding cultivated wild rice to the agricultural commodities promotion act provision; repealing obsolete agricultural statutes; amending Minnesota Statutes 2000, sections 17.101, subdivision 5; 17.102, subdivision 3; 17.109, subdivision 3; 17.115; 17.116; 17.117; 17.53, subdivisions 2, 8, 13; 17.63; 17.76, subdivision 2; 18B.01, by adding a subdivision; 31A.21, subdivision 2; 37.03, subdivision 1; 41B.025, subdivision 1; 41B.03, subdivision 2; 41B.043, subdivisions 1b, 2; 41B.046, subdivision 2; 41D.01, subdivisions 1, 3, 4; 97B.001, subdivision 1; 116O.09, subdivision 1a; 296A.01, subdivision 19; Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law in Minnesota Statutes, chapters 18B; 37; 239; repealing Minnesota Statutes 2000, sections 17.987; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141; 24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18; 24.181; 33.09; 33.111.

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 93 yeas and 40 nays as follows:

Those who voted in the affirmative were:

Abeler	Dorn	Howes	Lindner	Paymar	Sykora
Anderson, B.	Eastlund	Jacobson	Lipman	Pelowski	Thompson
Anderson, I.	Erhardt	Jaros	Luther	Penas	Tingelstad
Bakk	Erickson	Johnson, R.	Mares	Peterson	Tuma
Biernat	Evans	Johnson, S.	Marquart	Rifenberg	Vandeveer
Bishop	Finseth	Juhnke	Molnau	Rukavina	Wagenius
Boudreau	Fuller	Kalis	Mulder	Ruth	Walker
Bradley	Gleason	Kielkucki	Mullery	Schumacher	Walz
Carlson	Goodno	Knoblach	Ness	Seagren	Wenzel
Cassell	Goodwin	Koskinen	Nornes	Seifert	Westrom
Clark, J.	Gunther	Kubly	Olson	Sertich	Wilkin
Daggett	Haas	Kuisle	Opatz	Skoe	Wolf
Davids	Hackbarth	Leighton	Osskopp	Solberg	Spk. Sviggum
Dehler	Harder	Lenczewski	Otremba	Stanek
Dempsey	Hilty	Leppik	Ozment	Stang
Dorman	Holsten	Lieder	Pawlenty	Swenson

Those who voted in the negative were:

Abrams	Entenza	Holberg	Larson	Murphy	Smith
Bernardy	Folliard	Huntley	Mahoney	Osthoff	Swapinski
Buesgens	Gerlach	Jennings	Mariani	Paulsen	Westerberg
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4934
Clark, K.	Gray	Johnson, J.	Marko	Pugh	Winter
Davnie	Greiling	Kahn	McElroy	Rhodes	Workman
Dawkins	Hausman	Kelliher	McGuire	Skoglund
Dibble	Hilstrom	Krinkie	Milbert	Slawik

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

Wilkin moved that the call of the House be suspended. The motion prevailed and it was so ordered.

H. F. No. 634 was reported to the House.

Haas moved to amend H. F. No. 634, the first engrossment, as follows:

Page 4, line 13, before the period, insert ", and pursuant to an agreement with the department of natural resources in resolution of the Charles Born and Waseca county claims in section 4"

The motion prevailed and the amendment was adopted.

H. F. No. 634, A bill for an act relating to claims against the state; providing for payment of various claims; granting authority to Murray county; designating a lake as a wildlife management lake; appropriating money.

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	Holberg	Leppik	Osthoff	Stanek
Abrams	Dorn	Holsten	Lieder	Otremba	Stang
Anderson, B.	Eastlund	Howes	Lindner	Ozment	Swapinski
Anderson, I.	Entenza	Huntley	Lipman	Paulsen	Swenson
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4935
Bakk	Erhardt	Jacobson	Luther	Pawlenty	Sykora
Bernardy	Erickson	Jaros	Mahoney	Paymar	Thompson
Biernat	Evans	Jennings	Mares	Pelowski	Tingelstad
Bishop	Finseth	Johnson, J.	Mariani	Penas	Tuma
Boudreau	Folliard	Johnson, R.	Marko	Peterson	Vandeveer
Bradley	Fuller	Johnson, S.	Marquart	Pugh	Wagenius
Buesgens	Gerlach	Juhnke	McElroy	Rhodes	Walker
Carlson	Gleason	Kahn	McGuire	Rifenberg	Walz
Cassell	Goodno	Kalis	Milbert	Rukavina	Wenzel
Clark, J.	Goodwin	Kelliher	Molnau	Ruth	Westerberg
Clark, K.	Gray	Kielkucki	Mulder	Schumacher	Westrom
Daggett	Gunther	Knoblach	Mullery	Seagren	Wilkin
Davids	Haas	Koskinen	Murphy	Sertich	Winter
Davnie	Hackbarth	Kubly	Ness	Skoe	Wolf
Dawkins	Harder	Kuisle	Nornes	Skoglund	Workman
Dehler	Hausman	Larson	Olson	Slawik	Spk. Sviggum
Dempsey	Hilstrom	Leighton	Opatz	Smith
Dibble	Hilty	Lenczewski	Osskopp	Solberg

Those who voted in the negative were:

	KrinkieSeifert

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

S. F. No. 1485 was reported to the House.

McElroy moved to amend S. F. No. 1485 as follows:

Page 2, line 30, delete "terms" and insert "definitions" and delete "subdivisions 2 to 18" and insert "this section"

Page 5, line 30, after "53B.20" insert a comma

Page 10, line 3, delete "subdivision" and insert "section"

Page 13, delete lines 13 to 15

Page 14, line 31, delete "where" and insert "were"

Page 15, line 11, delete the first "or" and insert a comma, and after "impaired" insert a comma

Page 15, line 26, delete "or"

Page 15, line 30, before the period, insert "; or

(3) fail to transmit all money received for wire transmission in accordance with the purchaser's instructions within five days"

The motion prevailed and the amendment was adopted.

S. F. No. 1485, A bill for an act relating to commerce; providing for the licensing of money transmitters; prescribing the powers and duties of the commissioner; amending Minnesota Statutes 2000, section 48.151; proposing coding for new law as Minnesota Statutes, chapter 53B.

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 1 nay as follows:

Those who voted in the affirmative were:

Abeler	Dorman	Holberg	Lenczewski	Osskopp	Stanek
Abrams	Dorn	Holsten	Leppik	Osthoff	Stang
Anderson, B.	Eastlund	Howes	Lieder	Ozment	Swapinski
Anderson, I.	Entenza	Huntley	Lindner	Paulsen	Swenson
Bakk	Erhardt	Jacobson	Lipman	Pawlenty	Sykora
Bernardy	Erickson	Jaros	Luther	Paymar	Thompson
Biernat	Evans	Jennings	Mahoney	Pelowski	Tingelstad
Bishop	Finseth	Johnson, J.	Mares	Penas	Tuma
Boudreau	Folliard	Johnson, R.	Mariani	Peterson	Vandeveer
Bradley	Fuller	Johnson, S.	Marko	Pugh	Wagenius
Buesgens	Gerlach	Juhnke	Marquart	Rhodes	Walker
Carlson	Gleason	Kahn	McElroy	Rifenberg	Walz
Cassell	Goodno	Kalis	McGuire	Rukavina	Wenzel
Clark, J.	Goodwin	Kelliher	Milbert	Ruth	Westerberg
Clark, K.	Gray	Kielkucki	Molnau	Schumacher	Westrom
Daggett	Gunther	Knoblach	Mulder	Seagren	Wilkin
Davids	Haas	Koskinen	Mullery	Seifert	Winter
Davnie	Hackbarth	Krinkie	Murphy	Sertich	Wolf
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4936
Dawkins	Harder	Kubly	Ness	Skoe	Workman
Dehler	Hausman	Kuisle	Nornes	Skoglund	Spk. Sviggum
Dempsey	Hilstrom	Larson	Olson	Slawik
Dibble	Hilty	Leighton	Opatz	Solberg

Those who voted in the negative were:

Smith

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

Bakk was excused for the remainder of today's session.

H. F. No. 2205 was reported to the House.

Olson moved to amend H. F. No. 2205, the third engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. [CONSTITUTIONAL AMENDMENT.]

An amendment to the Minnesota Constitution, article IV, section 12, is proposed to the people.

If the amendment is adopted, article IV, section 12, will read:

Sec. 12. The legislature shall meet at the seat of government in regular session in each biennium at the times prescribed by law for not exceeding a total of 120 100 legislative days. The legislature shall not meet in regular session, nor in any adjournment thereof, after the first Monday following the third Saturday in May of any year of the odd-numbered year, nor for more than 45 calendar days in the even-numbered year. After meeting at a time prescribed by law, the legislature may adjourn to another time. "Legislative day" shall be defined by law. A special session of the legislature may be called by the governor on extraordinary occasions.

Neither house during a session of the legislature shall adjourn for more than three days (Sundays excepted) nor to any other place than that in which the two houses shall be assembled without the consent of the other house. 

Sec. 2. [SUBMISSION TO VOTERS.]

The proposed amendment must be submitted to the people at the 2002 general election. The question submitted to the people shall be:

"Shall the Minnesota Constitution be amended to shorten the length of time the legislature meets for purposes of sustaining a citizen legislature?

Yes .......

No ........"

Sec. 3. Minnesota Statutes 2000, section 3.011, is amended to read:

3.011 [SESSIONS.]

The legislature shall meet at the seat of government on the first Tuesday after the first Monday in January February of each odd-numbered year. When the first Monday in January February falls on January February 1, it shall meet on the first Wednesday after the first Monday. In the even-numbered year, the legislature shall meet in session for not exceeding 45 calendar days. The legislature may reconvene on extraordinary occasions in the even-numbered year if authorized by a petition signed by a majority of the members elected to each house. It shall also meet when called by the governor to meet in special session.

Sec. 4. [EFFECTIVE DATE.]

Section 3 is effective upon ratification of the constitutional amendment in section 1."

A roll call was requested and properly seconded.

The question was taken on the Olson amendment and the roll was called. There were 19 yeas and 113 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Holberg	Lindner	Olson	Tuma	Westerberg
Biernat	Jennings	Lipman	Schumacher	Vandeveer
Dawkins	Juhnke	Milbert	Slawik
Fuller	Krinkie	Mulder	Smith

Those who voted in the negative were:

Abeler	Dorn	Hilstrom	Leighton	Osthoff	Solberg
Abrams	Eastlund	Hilty	Lenczewski	Otremba	Stanek
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4938
Anderson, I.	Entenza	Holsten	Leppik	Ozment	Stang
Bernardy	Erhardt	Howes	Lieder	Paulsen	Swapinski
Bishop	Erickson	Huntley	Luther	Pawlenty	Swenson
Boudreau	Evans	Jacobson	Mahoney	Paymar	Sykora
Bradley	Finseth	Jaros	Mares	Pelowski	Thompson
Buesgens	Folliard	Johnson, J.	Mariani	Penas	Tingelstad
Carlson	Gerlach	Johnson, R.	Marko	Peterson	Wagenius
Cassell	Gleason	Johnson, S.	Marquart	Pugh	Walker
Clark, J.	Goodno	Kahn	McElroy	Rhodes	Walz
Clark, K.	Goodwin	Kalis	McGuire	Rifenberg	Wenzel
Daggett	Gray	Kelliher	Molnau	Rukavina	Westrom
Davids	Greiling	Kielkucki	Mullery	Ruth	Wilkin
Davnie	Gunther	Knoblach	Murphy	Seagren	Winter
Dehler	Haas	Koskinen	Ness	Seifert	Wolf
Dempsey	Hackbarth	Kubly	Nornes	Sertich	Workman
Dibble	Harder	Kuisle	Opatz	Skoe	Spk. Sviggum
Dorman	Hausman	Larson	Osskopp	Skoglund

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

Mullery was excused for the remainder of today's session.

H. F. No. 2205, A bill for an act relating to the legislature; proposing an amendment to the Minnesota Constitution, article XI, section 6; changing state fiscal biennium used for purposes of issuing certificates of indebtedness; limiting the odd-numbered year session; providing for reconvention on extraordinary occasions; proposing coding for new law in Minnesota Statutes, chapter 3.

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

The question was taken on the passage of the bill and the roll was called. There were 72 yeas and 59 nays as follows:

Those who voted in the affirmative were:

Abeler	Erickson	Jacobson	Mares	Ozment	Sykora
Abrams	Evans	Jaros	Marko	Paulsen	Thompson
Boudreau	Fuller	Johnson, J.	Marquart	Pawlenty	Tingelstad
Bradley	Gerlach	Kalis	McElroy	Penas	Tuma
Buesgens	Goodno	Kielkucki	McGuire	Pugh	Vandeveer
Cassell	Goodwin	Knoblach	Milbert	Rhodes	Walz
Clark, J.	Greiling	Krinkie	Molnau	Ruth	Wenzel
Daggett	Hackbarth	Larson	Mulder	Seagren	Westerberg
Davnie	Harder	Lenczewski	Ness	Seifert	Westrom
Dempsey	Holberg	Leppik	Nornes	Slawik	Wilkin
Dorman	Holsten	Lindner	Opatz	Stanek	Workman
Eastlund	Howes	Lipman	Osskopp	Stang	Spk. Sviggum

Those who voted in the negative were:

Anderson, B.	Dibble	Hausman	Koskinen	Osthoff	Skoglund
Anderson, I.	Dorn	Hilstrom	Kubly	Otremba	Smith
Bernardy	Entenza	Hilty	Kuisle	Paymar	Solberg
Biernat	Erhardt	Huntley	Leighton	Pelowski	Swapinski
Bishop	Finseth	Jennings	Lieder	Peterson	Swenson
Carlson	Folliard	Johnson, R.	Luther	Rifenberg	Wagenius
Clark, K.	Gleason	Johnson, S.	Mahoney	Rukavina	Walker
Davids	Gray	Juhnke	Mariani	Schumacher	Winter
Dawkins	Gunther	Kahn	Murphy	Sertich	Wolf
Dehler	Haas	Kelliher	Olson	Skoe

The bill was passed and its title agreed to.

S. F. No. 1033, A bill for an act relating to public employment; Minnesota state colleges and universities; merging unions for technical and community college employees; amending Minnesota Statutes 2000, sections 43A.06, subdivision 1; 179A.10, subdivision 2; 354B.21, subdivision 1; 354B.25, subdivision 1a; and 354C.11, subdivision 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. There were 119 yeas and 10 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Holberg	Krinkie	Mulder	Paulsen	Penas
Bradley	Kielkucki	Lipman	Olson

The bill was passed and its title agreed to.

S. F. No. 2022, A bill for an act relating to family law; clarifying crediting of support payments; modifying implementation of enforcement remedies to accommodate timing of support payments; amending Minnesota Statutes 2000, sections 518.551, subdivision 1; 518.6111, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 518.

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	Dorn	Holsten	Leppik	Otremba	Stanek
Abrams	Eastlund	Howes	Lieder	Ozment	Stang
Anderson, B.	Entenza	Huntley	Lindner	Paulsen	Swapinski
Anderson, I.	Erhardt	Jacobson	Lipman	Pawlenty	Swenson
Bernardy	Erickson	Jaros	Luther	Paymar	Sykora
Biernat	Evans	Jennings	Mahoney	Pelowski	Thompson
Bishop	Finseth	Johnson, J.	Mares	Penas	Tingelstad
Boudreau	Folliard	Johnson, R.	Mariani	Peterson	Tuma
Bradley	Fuller	Johnson, S.	Marko	Pugh	Vandeveer
Buesgens	Gerlach	Juhnke	Marquart	Rhodes	Wagenius
Carlson	Gleason	Kahn	McElroy	Rifenberg	Walker
Cassell	Goodno	Kalis	McGuire	Rukavina	Walz
Clark, J.	Goodwin	Kelliher	Milbert	Ruth	Wenzel
Clark, K.	Gray	Kielkucki	Molnau	Schumacher	Westerberg
Daggett	Greiling	Knoblach	Mulder	Seagren	Westrom
Davids	Gunther	Koskinen	Murphy	Seifert	Wilkin
Davnie	Haas	Krinkie	Ness	Sertich	Winter
Dawkins	Hackbarth	Kubly	Nornes	Skoe	Wolf
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4940
Dehler	Harder	Kuisle	Olson	Skoglund	Workman
Dempsey	Hausman	Larson	Opatz	Slawik	Spk. Sviggum
Dibble	Hilstrom	Leighton	Osskopp	Smith
Dorman	Holberg	Lenczewski	Osthoff	Solberg

The bill was passed and its title agreed to.

S. F. No. 1043, A bill for an act relating to peace officers; prescribing grounds for license revocation, suspension, or denial; removing the requirement that the peace officer standards and training board report to the legislature on the activities of the minority recruiter; repealing the law empowering council members of certain cities to act as peace officers to suppress riotous or disorderly conduct; amending Laws 1997, chapter 239, article 1, section 9; proposing coding for new law in Minnesota Statutes, chapter 626; repealing Minnesota Statutes 2000, section 412.101.

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	Dorn	Holberg	Lenczewski	Otremba	Stanek
Abrams	Eastlund	Holsten	Leppik	Ozment	Stang
Anderson, B.	Entenza	Howes	Lieder	Paulsen	Swapinski
Anderson, I.	Erhardt	Huntley	Lindner	Pawlenty	Swenson
Bernardy	Erickson	Jacobson	Lipman	Paymar	Sykora
Biernat	Evans	Jaros	Luther	Pelowski	Thompson
Bishop	Finseth	Jennings	Mahoney	Penas	Tingelstad
Boudreau	Folliard	Johnson, J.	Mares	Peterson	Tuma
Bradley	Fuller	Johnson, R.	Marko	Pugh	Vandeveer
Buesgens	Gerlach	Johnson, S.	Marquart	Rhodes	Wagenius
Carlson	Gleason	Juhnke	McElroy	Rifenberg	Walker
Cassell	Goodno	Kahn	McGuire	Rukavina	Walz
Clark, J.	Goodwin	Kalis	Milbert	Ruth	Wenzel
Clark, K.	Gray	Kelliher	Molnau	Schumacher	Westerberg
Daggett	Greiling	Kielkucki	Mulder	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
Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4941
Dibble	Hilstrom	Larson	Osskopp	Smith
Dorman	Hilty	Leighton	Osthoff	Solberg

The bill was passed and its title agreed to.

S. F. No. 1583, A bill for an act relating to children; amending the definition of child neglect; amending Minnesota Statutes 2000, section 626.556, subdivision 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. There were 87 yeas and 41 nays as follows:

Those who voted in the affirmative were:

Abeler	Dorn	Holsten	Leighton	Osthoff	Skoglund
Abrams	Eastlund	Howes	Lenczewski	Otremba	Slawik
Anderson, B.	Entenza	Huntley	Leppik	Ozment	Solberg
Anderson, I.	Erhardt	Jaros	Lieder	Pawlenty	Swapinski
Bernardy	Erickson	Jennings	Lipman	Paymar	Thompson
Biernat	Evans	Johnson, R.	Luther	Pelowski	Tuma
Bishop	Folliard	Johnson, S.	Mahoney	Peterson	Vandeveer
Carlson	Gleason	Juhnke	Mares	Pugh	Wagenius
Clark, J.	Goodwin	Kahn	Marko	Rhodes	Walker
Clark, K.	Greiling	Kalis	Marquart	Rukavina	Walz
Davnie	Hackbarth	Kelliher	McGuire	Schumacher	Wenzel
Dawkins	Hausman	Knoblach	Milbert	Seagren	Winter
Dehler	Hilstrom	Koskinen	Molnau	Seifert
Dempsey	Hilty	Kubly	Murphy	Sertich
Dibble	Holberg	Larson	Opatz	Skoe

Those who voted in the negative were:

Boudreau	Finseth	Jacobson	Mulder	Rifenberg	Westerberg
Bradley	Fuller	Johnson, J.	Ness	Ruth	Westrom
Buesgens	Gerlach	Kielkucki	Nornes	Smith	Wilkin
Cassell	Gray	Krinkie	Olson	Stang	Wolf
Daggett	Gunther	Kuisle	Osskopp	Swenson	Workman
Davids	Haas	Lindner	Paulsen	Sykora	Spk. Sviggum
Dorman	Harder	McElroy	Penas	Tingelstad

The bill was passed and its title agreed to.

S. F. No. 414, A bill for an act relating to health; modifying the Minnesota Utilization Review Act; adding criteria specifying when the board of medical practice may impose disciplinary action; amending Minnesota Statutes 2000, sections 62M.06, subdivision 3; 62M.09, subdivisions 3, 3a, 6, by adding a subdivision; 62M.10, subdivision 7; 147.091, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 1430, A bill for an act relating to health; eliminating commissioner's reporting requirement for alcohol and drug counselors; providing for exchange of information for investigations of alcohol and drug counselors; modifying an exception relating to school counselors; amending Minnesota Statutes 2000, sections 148C.03, subdivision 1; 148C.099; 148C.11, subdivision 1.

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:

Journal of the House - 54th Day - Tuesday, May 15, 2001 - Top of Page 4943
Abeler	Dorn	Holberg	Lenczewski	Osthoff	Solberg
Abrams	Eastlund	Holsten	Otremba	Stanek
Anderson, B.	Entenza	Howes	Ozment	Stang
Anderson, I.	Erhardt	Huntley	Paulsen	Swapinski
Bernardy	Erickson	Jacobson	Pawlenty	Swenson
Biernat	Evans	Jaros	Paymar	Sykora
Bishop	Finseth	Jennings	Pelowski	Thompson
Boudreau	Folliard	Johnson, J.	Penas	Tingelstad
Bradley	Fuller	Johnson, R.	Peterson	Tuma
Buesgens	Gerlach	Johnson, S.	Pugh	Vandeveer
Carlson	Gleason	Juhnke	Rhodes	Wagenius
Cassell	Goodno	Kahn	Rifenberg	Walker
Clark, J.	Goodwin	Kalis	Rukavina	Walz
Clark, K.	Gray	Kelliher	Ruth	Wenzel
Daggett	Greiling	Kielkucki	Schumacher	Westerberg
Davids	Gunther	Knoblach	Seagren	Westrom
Davnie	Haas	Koskinen	Seifert	Wilkin
Dawkins	Hackbarth	Krinkie	Sertich	Winter
Dehler	Harder	Kubly	Skoe	Wolf
Dempsey	Hausman	Kuisle	Skoglund	Workman
Dibble	Hilstrom	Larson	Slawik	Spk. Sviggum
Dorman	Hilty	Leighton	Smith
Leppik
Lieder
Lindner
Lipman
Luther
Mahoney
Mares
Mariani
Marko
Marquart
McElroy
McGuire
Milbert
Molnau
Mulder
Murphy
Ness
Nornes
Olson
Opatz
Osskopp

The bill was passed and its title agreed to.

H. F. No. 1019 was reported to the House.

Workman moved that H. F. No. 1019 be returned to the General Register. The motion prevailed.

S. F. No. 2142, A bill for an act relating to highways; allowing judicial review of public purpose and necessity for taking property for county highway or town road; amending Minnesota Statutes 2000, sections 163.12, subdivision 2, by adding subdivisions; 164.07, subdivisions 1, 2, 7, 10.

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:

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

The bill was passed and its title agreed to.

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

There being no objection, the order of business reverted to Messages from the Senate.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 707, A bill for an act relating to crime prevention; classifying Carisoprodol as a controlled substance upon the effective date of a final rule adding Carisoprodol to the federal schedules of controlled substances; amending Laws 1997, chapter 239, article 4, section 15, as amended.

The Senate has appointed as such committee:

Senators Kelly, R. C.; Betzold and Limmer.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 1153, A bill for an act relating to local government; exempting certain building projects from the requirement to employ an architect; amending Minnesota Statutes 2000, section 326.03, by adding a subdivision.

The Senate has appointed as such committee:

Senators Lesewski, Stevens and Murphy.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

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 Senate has appointed as such committee:

Senators Lessard, Stumpf and Stevens.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

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 Senate has appointed as such committee:

Senators Langseth, Vickerman and Wiger.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 722, A bill for an act relating to energy; providing for comprehensive energy conservation, production, and regulatory changes; amending Minnesota Statutes 2000, sections 16B.32, subdivision 2; 116C.52, subdivisions 4, 10; 116C.53, subdivisions 2, 3; 116C.57, subdivisions 1, 2, 4, by adding subdivisions; 116C.58;

116C.59, subdivisions 1, 4; 116C.60; 116C.61, subdivisions 1, 3; 116C.62; 116C.63, subdivision 2; 116C.645; 116C.65; 116C.66; 116C.69; 216B.095; 216B.097, subdivision 1; 216B.16, subdivision 15; 216B.241, subdivisions 1, 1a, 1b, 1c, 2; 216B.2421, subdivision 2; 216B.243, subdivisions 3, 4, 8; 216B.62, subdivision 5; 216C.41; proposing coding for new law in Minnesota Statutes, chapters 16B; 116C; 216B; 452; repealing Minnesota Statutes 2000, sections 116C.55, subdivisions 2, 3; 116C.57, subdivisions 3, 5, 5a; 116C.67; 216B.2421, subdivision 3.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Metzen; Scheevel; Kelley, S. P.; Anderson and Sams.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Wolf moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 722. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1215, A bill for an act relating to human rights; changing provisions pertaining to business discrimination and inquiry into a charge; permitting discretionary disclosure during investigation; amending Minnesota Statutes 2000, sections 363.01, subdivision 41; 363.03, subdivision 8a; 363.06, subdivision 4; 363.061, subdivision 2.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Cohen, Betzold and Neuville.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Holberg moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1215. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 491, A bill for an act relating to health; providing patient protections; amending Minnesota Statutes 2000, sections 45.027, subdivision 6; 62D.17, subdivision 1; 62J.38; 62M.02, subdivision 21; 62Q.56; and 62Q.58; proposing coding for new law in Minnesota Statutes, chapter 62D. 

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Berglin, Sams and Kiscaden.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Goodno moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 491. The motion prevailed.

Anderson, I., moved that his name be stricken as an author on H. F. No. 94. The motion prevailed.

Lipman moved that the name of Anderson, B., be added as an author on H. F. No. 657. The motion prevailed.

Biernat moved that the name of Evans be added as an author on H. F. No. 1023. The motion prevailed.

Goodno moved that the name of Bradley be added as an author on H. F. No. 1381. The motion prevailed.

Huntley moved that his name be stricken as an author on H. F. No. 1381. The motion prevailed.

Rifenberg moved that her name be stricken as an author on H. F. No. 2514. The motion prevailed.

Abrams, McElroy, Kuisle, Daggett and Lenczewski.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 266:

Workman, Ozment and Lenczewski.

Pawlenty moved that when the House adjourns today it adjourn until 9:00 a.m., Wednesday, May 16, 2001. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Wednesday, May 16, 2001.

Edward A. Burdick, Chief Clerk, House of Representatives