Journal of the House - 21st Day - Monday, March 3, 2003

A quorum was present.

Clark, Hornstein, Otremba and Wardlow were excused.

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Fuller, Lindgren and Lipman were excused until 12:20 p.m.

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

REPORTS OF STANDING COMMITTEES

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 67, A bill for an act relating to elections; city elections in cities of the first class; providing for the election of certain council members elected by ward after reapportionment; amending Minnesota Statutes 2002, section 205.84, subdivision 1.

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

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 306, A bill for an act relating to local government; authorizing reimbursement by the city of Biwabik to the town of White according to their orderly annexation agreement.

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

The report was adopted.

Hackbarth from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 335, A bill for an act relating to water; requiring all landscape irrigation systems to have furnished and installed moisture or rainfall sensing equipment; proposing coding for new law in Minnesota Statutes, chapter 103G.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [103G.298] [LANDSCAPE IRRIGATION SYSTEMS.]

All new automatically operated landscape irrigation systems shall have furnished and installed technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture. The technology must be adjustable either by the end user or the professional practitioner of landscape irrigation services.

[EFFECTIVE DATE.] This section is effective July 1, 2003."

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Delete the title and insert:

"A bill for an act relating to water; requiring new landscape irrigation systems to have furnished and installed moisture or rainfall sensing equipment; proposing coding for new law in Minnesota Statutes, chapter 103G."

With the recommendation that when so amended the bill pass.

The report was adopted.

Hackbarth from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 414, A bill for an act relating to natural resources; updating soil and water conservation district law; changing requirements for petitions and elections relating to soil and water conservation districts; allowing counties the option to authorize soil and water conservation district levies; adding soil and water conservation districts to the definition of special taxing district; clarifying removal provisions for soil and water conservation district supervisors; amending Minnesota Statutes 2002, sections 103A.206; 103C.005; 103C.101, subdivisions 6, 9, by adding a subdivision; 103C.201, subdivisions 1, 2, 5, 6, 7, 8; 103C.205; 103C.211; 103C.225, subdivisions 1, 3, 4, 8; 103C.305, subdivision 1; 103C.311, subdivisions 1, 2; 103C.315, subdivisions 1, 2, 4, 5; 103C.331, subdivisions 11, 12, 16, 19, by adding a subdivision; 103C.401, subdivisions 1, 2; 275.066; 351.14, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 103C; repealing Minnesota Statutes 2002, section 103C.301.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 427, A bill for an act relating to fire aid; changing the definition of population for purposes of the aid apportionment; amending Minnesota Statutes 2002, section 69.021, subdivisions 7, 8.

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

The report was adopted.

Sykora from the Committee on Education Policy to which was referred:

H. F. No. 451, A bill for an act relating to education; providing for alternative school district organization; proposing coding for new law in Minnesota Statutes, chapter 123A.

Reported the same back with the following amendments:

Page 1, line 20, delete "have no geographic locus except to"

Page 1, line 21, after "Minnesota" insert ", with or without a geographical locus"

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Page 2, line 23, delete "the establishment of" and insert "up to five proposals for"

Page 2, line 24, delete "up to five" and after the period, insert "The review committee must submit to the legislature each proposal it approves for a specialized sponsoring organization. An approved specialized sponsoring organization must receive specific legislative authorization to proceed with a school or program, consistent with the organization's proposal."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Sykora from the Committee on Education Policy to which was referred:

H. F. No. 452, A bill for an act relating to education; providing an additional method for school districts to form and sponsor a charter school; amending Minnesota Statutes 2002, section 124D.10, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 480, A bill for an act relating to civil actions; providing protection for disclosure of job reference information; requiring disclosure of data between school districts and charter schools relating to acts of violence or inappropriate sexual contact with students; amending Minnesota Statutes 2002, section 13.43, subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 181.

Reported the same back with the following amendments:

Page 3, line 29, after the semicolon, insert "and"

Page 3, delete lines 30 to 32

Page 3, line 33, delete "(3)" and insert "(2)"

Page 4, line 8, delete "This"

Page 4, delete lines 9 and 10

Page 4, line 11, delete the paragraph coding and delete "(b)"

Page 4, line 13, delete "(c)" and insert "(b)"

With the recommendation that when so amended the bill pass.

The report was adopted.

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SECOND READING OF HOUSE BILLS

H. F. Nos. 67, 306, 335 and 480 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Holberg, Sviggum, Otremba, Boudreau, Murphy, Eastlund, Buesgens, Tingelstad, Bradley, Brod, Ruth, Smith, Seagren, Paulsen, Vandeveer, Gerlach, Walz, Wilkin, Kielkucki, Pelowski, Ozment, Marquart, Finstad, Kohls, Seifert, Harder, Penas, Samuelson, Blaine, Koenen, Dill, Juhnke, Westerberg, Jacobson and Johnson, J., introduced:

H. F. No. 668, A bill for an act relating to health; requiring informed consent of a female upon whom an abortion is performed; providing civil remedies; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Holberg; Penas; Soderstrom; Seifert; Urdahl; Nornes; Adolphson; Swenson; Stang; Meslow; Strachan; Wardlow; Sykora; Cox; Hackbarth; Nelson, P.; Olsen, S.; Fuller; Cornish; Magnus; DeLaForest; Hoppe; Borrell; Lindgren; Kuisle; Howes; Lindner; Gunther; Krinkie; Abeler; Anderson, J.; Davids; Heidgerken; Westrom and Beard introduced:

H. F. No. 669, A bill for an act relating to health; requiring informed consent of a female upon whom an abortion is performed; providing civil remedies; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Holberg; Anderson, I.; Cornish; Kielkucki; Brod; Severson; Haas; Knoblach; Anderson, B.; Erickson; Lipman; Klinzing; Powell; Olson, M.; Lanning; Simpson and Demmer introduced:

H. F. No. 670, A bill for an act relating to health; requiring informed consent of a female upon whom an abortion is performed; providing civil remedies; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Gunther, Davids, Larson, Juhnke and Beard introduced:

H. F. No. 671, A bill for an act relating to telecommunications; regulating promotions and packages of telephone company services; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 2002, section 237.626.

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

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Gunther, Samuelson, Davids, Mahoney and Rhodes introduced:

H. F. No. 672, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money to the commissioner of trade and economic development for transfer to the redevelopment account; amending Minnesota Statutes 2002, sections 116J.571; 116J.572, subdivision 2; 116J.573, subdivisions 1, 2, 5; 116J.575, subdivision 1.

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

Haas, Davids, Huntley and Wilkin introduced:

H. F. No. 673, A bill for an act relating to insurance; permitting the comprehensive health association to offer policies with higher annual deductibles; permitting extension of the writing carrier contract; clarifying the effective date of coverage and other matters; amending Minnesota Statutes 2002, sections 62E.08, subdivision 1; 62E.091; 62E.12; 62E.13, subdivision 2, by adding a subdivision; 62E.14; 62E.18.

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

Latz, Abrams, Sykora and Bernardy introduced:

H. F. No. 674, A bill for an act relating to local mandates; including school districts in the definition of political subdivision for purposes of preparing local impact notes for state-mandated actions; amending Minnesota Statutes 2002, section 3.986, subdivision 4.

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

Clark, Paymar, Hilstrom, Hilty and Walker introduced:

H. F. No. 675, A bill for an act relating to crimes; requiring notice of right to obtain judicial review of DWI-related vehicle forfeiture to be printed in Somali in addition to other languages; amending Minnesota Statutes 2002, section 169A.63, subdivision 8.

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

Boudreau, Smith, Bradley and Otremba introduced:

H. F. No. 676, A bill for an act relating to mental health; clarifying that persons who qualify as voluntary patients for treatment of a mental illness are not subject to civil commitment; amending Minnesota Statutes 2002, section 253B.04, subdivision 1.

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

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Erickson, Rhodes, Eastlund and Johnson, S., introduced:

H. F. No. 677, A bill for an act relating to occupations and professions; modifying licensure requirements for architects, engineers, surveyors, landscape architects, geoscientists, and interior designers; amending Minnesota Statutes 2002, sections 326.10, by adding subdivisions; 326.107, subdivisions 4, 8; repealing Minnesota Statutes 2002, sections 326.10, subdivision 5; 326.107, subdivisions 6, 9.

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

DeLaForest, Holberg, Biernat, Borrell, Wardlow, Kohls and Smith introduced:

H. F. No. 678, A bill for an act relating to civil commitment; making a technical change; amending Minnesota Statutes 2002, section 253B.02, subdivision 7.

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

Anderson, B.; Haas; Ozment and Davids introduced:

H. F. No. 679, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.

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

Urdahl; Heidgerken; Kielkucki; Anderson, J.; Sviggum and Pelowski introduced:

H. F. No. 680, A bill for an act relating to education; providing for a hearing for the termination or nonrenewal of the contract of a licensed or unlicensed coach or assistant coach; amending Minnesota Statutes 2002, sections 122A.33; 122A.58; proposing coding for new law in Minnesota Statutes, chapter 122A.

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

Urdahl, Kielkucki, Hoppe, Hackbarth, Ozment and Dill introduced:

H. F. No. 681, A bill for an act relating to natural resources; establishing Greenleaf Lake State Park.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

Kielkucki, Urdahl, Dorman, Slawik, Peterson and Solberg introduced:

H. F. No. 682, A bill for an act relating to education; modifying school bus safety training, school district bus safety responsibilities, and type III vehicle standards; amending Minnesota Statutes 2002, sections 123B.90, subdivisions 2, 3; 123B.91, subdivision 1; 169.28, subdivision 1; 169.4503, subdivision 4; 169.454, subdivision 6; 171.321, subdivision 5; repealing Minnesota Statutes 2002, sections 123B.90, subdivision 1; 169.441, subdivision 4.

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

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Harder, Swenson and Kielkucki introduced:

H. F. No. 683, A bill for an act relating to agriculture; appropriating money and authorizing bonds for predesign and design of the agriculture and food sciences academy.

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

Erickson and Soderstrom introduced:

H. F. No. 684, A resolution memorializing the President and Congress to stop unfunded mandates and laws that support the over-identification of children with mental disorders in special education.

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

Ozment, Hoppe, Lindgren, Strachan, Kahn, Hausman and Tingelstad introduced:

H. F. No. 685, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for Phase I of the Facilities and Business Master Plan at the Minnesota Zoological Garden.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Fuller, Murphy, Cox, Vandeveer and Larson introduced:

H. F. No. 686, A bill for an act relating to alcoholic beverages; providing minimum administrative penalties for sales to underage persons; amending Minnesota Statutes 2002, section 340A.415.

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

Simpson; Juhnke; Davids; Cox; Westrom; Gunther; Blaine; Lanning; Anderson, J.; Pelowski and Lindgren introduced:

H. F. No. 687, A bill for an act relating to utilities; requiring at least two members of the public utilities commission to be from outside the metropolitan area; amending Minnesota Statutes 2002, section 216A.03, subdivision 1.

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

Krinkie; Holberg; Seagren; Kuisle; Walz; Anderson, B.; Wilkin; Lipman; Hoppe; Olson, M., and Buesgens introduced:

H. F. No. 688, A bill for an act relating to railroads; abolishing regional rail authorities in the seven-county metropolitan area; amending Minnesota Statutes 2002, sections 10A.01, subdivision 24; 174.03, subdivision 6a; 275.065, subdivision 3; 398A.03, subdivision 1; 473.399, subdivision 1; 473.3994, subdivision 2; 473.3997; proposing coding for new law in Minnesota Statutes, chapter 398A.

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

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Buesgens introduced:

H. F. No. 689, A bill for an act relating to the metropolitan council; authorizing the use of energy forward pricing mechanisms; proposing coding for new law in Minnesota Statutes, chapter 473.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Knoblach introduced:

H. F. No. 690, A bill for an act relating to probate; providing for licensing of certain guardians and conservators; providing for a licensing board; limiting certain fees; changing certain fiduciary requirements; requiring notices; imposing a penalty; amending Minnesota Statutes 2002, sections 525.539, subdivision 8; 525.56, subdivision 4, by adding subdivisions; 525.58, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 525.

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

Hausman, Lesch, Paymar and Mahoney introduced:

H. F. No. 691, A bill for an act relating to capital improvements; appropriating money for the Como Park Conservatory restoration project; authorizing the sale of state bonds.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Abeler and Boudreau introduced:

H. F. No. 692, A bill for an act relating to health occupations; modifying the scope of practice for pharmacists; amending Minnesota Statutes 2002, section 151.01, subdivision 27.

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

Thissen, Pugh, Larson and Boudreau introduced:

H. F. No. 693, A bill for an act relating to health; exempting certain municipally operated ambulance services from certain license application requirements; proposing coding for new law in Minnesota Statutes, chapter 144E.

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

Abeler, Nornes, Dorn and Otremba introduced:

H. F. No. 694, A bill for an act relating to health professions; establishing a registration system for massage therapists and Asian bodywork therapists; authorizing rulemaking; providing criminal penalties; amending Minnesota Statutes 2002, sections 13.411, by adding a subdivision; 116J.70, subdivision 2a; 144.335, subdivision 1; 214.23, subdivision 1; 604A.01, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 148D.

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

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Marquart introduced:

H. F. No. 695, A bill for an act relating to taxation; requiring earlier delivery of notices of proposed property taxes; amending Minnesota Statutes 2002, sections 275.025, subdivision 4; 275.065, subdivision 3.

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

Lesch, Kelliher, Pelowski, Biernat and Ellison introduced:

H. F. No. 696, A bill for an act relating to crime prevention; expanding the third- and fourth-degree criminal sexual conduct crimes; amending Minnesota Statutes 2002, sections 609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision 1.

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

Sykora, Mariani, Greiling, Klinzing and Meslow introduced:

H. F. No. 697, A bill for an act relating to education; expanding the list of eligible charter school sponsors; amending Minnesota Statutes 2002, section 124D.10, subdivision 3.

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

Opatz, Greiling, Pelowski, Dorn, Carlson and Lieder introduced:

H. F. No. 698, A bill for an act relating to education; repealing the profile of learning; setting state standards for educational excellence; requiring legislative approval; repealing portions of Minnesota Rules, chapter 3501; proposing coding for new law in Minnesota Statutes, chapter 120B.

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

Opatz, Pelowski, Dorn, Mahoney and Larson introduced:

H. F. No. 699, A bill for an act relating to education; repealing the profile of learning; setting state standards for educational excellence; providing educational accountability; requiring legislative approval; repealing portions of Minnesota Rules, chapter 3501; amending Minnesota Statutes 2002, section 120B.30, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 120B.

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

CONSENT CALENDAR

Paulsen moved that the Consent Calendar be continued. The motion prevailed.

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MOTIONS AND RESOLUTIONS

Dorman moved that the name of Jacobson be added as an author on H. F. No. 258. The motion prevailed.

Eastlund moved that the name of Erickson be added as an author on H. F. No. 294. The motion prevailed.

Greiling moved that the name of Sieben be added as an author on H. F. No. 345. The motion prevailed.

Tingelstad moved that the names of Otremba and Walker be added as authors on H. F. No. 510. The motion prevailed.

Tingelstad moved that her name be stricken as an author on H. F. No. 589. The motion prevailed.

Hilstrom moved that her name be stricken as an author on H. F. No. 589. The motion prevailed.

Finstad moved that the names of Adolphson; Anderson, B.; Anderson, J.; Beard; Buesgens; Cornish; Davids and Demmer be added as authors on H. F. No. 616. The motion prevailed.

Abeler moved that the name of Samuelson be added as an author on H. F. No. 632. The motion prevailed.

Stang moved that the name of Meslow be added as an author on H. F. No. 642. The motion prevailed.

Biernat moved that the name of Lenczewski be added as an author on H. F. No. 650. The motion prevailed.

Lesch moved that the name of Slawik be added as an author on H. F. No. 652. The motion prevailed.

Slawik moved that the name of Ellison be added as an author on H. F. No. 658. The motion prevailed.

Eastlund moved that the name of Nornes be added as an author on H. F. No. 664. The motion prevailed.

Abeler moved that H. F. No. 212, now on the Consent Calendar, be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

MOTION TO FIX TIME TO CONVENE

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, March 6, 2003. The motion prevailed.

Paulsen moved that the House recess subject to the call of the Chair to meet with the Senate in Joint Convention to elect members of the Board of Regents of the University of Minnesota. The motion prevailed.

RECESS

RECONVENED

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

The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

JOINT CONVENTION

The Speaker of the House as President of the Joint Convention called the Joint Convention to order.

Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

The roll being called, the following Senators answered to their names: Anderson, Bachmann and Bakk.

Senator Hottinger moved that further proceedings of the roll call be suspended. The motion prevailed and a quorum was declared present.

REPORT FROM THE HOUSE AND

SENATE COMMITTEES ON EDUCATION

February 27, 2003

To the Honorable Steve Sviggum, Speaker of the House of Representatives, as President of the Joint Convention of the Senate and House of Representatives meeting to elect nine Regents to the University of Minnesota.

The House and Senate Committees on Education make the following report:

We have selected the following named persons as a slate of nominees for Regents of the University of Minnesota, to hold office for the term specified for each, to begin upon election by the Joint Convention:

Patricia S. Simmons, First Congressional District, Six Years

David R. Metzen, Fourth Congressional District, Six Years

Peter Bell, Fifth Congressional District, Four Years

John Frobenius, Sixth Congressional District, Six Years

Clyde E. Allen, Jr., Seventh Congressional District, Six Years

Lakeesha Ransom, Student At-Large, Four Years

Frank Berman, At-Large, Four Years

Richard McNamara, At-Large, Four Years

Maureen K. Reed, At-Large, Two Years

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We hereby submit the recommendations and the terms of said persons in nomination for the offices and terms hereby designated.

Respectfully submitted,

Rep. Barb Sykora, Chair

House Education Policy Committee

Co-Chair of the Joint Committee

Senator Steve Kelley, Chair

Senate Committee on Education

Co-Chair of the Joint Committee

Representative Sykora and Senator Kelley moved that the report of the Joint Committee be adopted.

The motion prevailed and the report was adopted.

ELECTION OF BOARD OF REGENTS

OF THE UNIVERSITY OF MINNESOTA

CONGRESSIONAL DISTRICT REGENTS

Pursuant to the Joint Rules of the Senate and House of Representatives the Joint Convention proceeded to elect Regents from the five Congressional Districts.

Patricia S. Simmons was nominated by the Joint Committee for the First Congressional District Regent for a term of six years.

David R. Metzen was nominated by the Joint Committee for the Fourth Congressional District Regent for a term of six years.

Peter Bell was nominated by the Joint Committee for the Fifth Congressional District Regent for a term of four years.

John Frobenius was nominated by the Joint Committee for the Sixth Congressional District Regent for a term of six years.

Clyde E. Allen, Jr., was nominated by the Joint Committee for the Seventh Congressional District Regent for a term of six years.

There being no further nominations, the President declared nominations closed.

The Secretary called the roll.

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FIRST CONGRESSIONAL DISTRICT REGENT

196 members voted for Patricia S. Simmons, First Congressional District Regent, for a six year term as follows:

SENATE ROLL CALL