STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
ONE HUNDRED NINTH DAY
Saint Paul, Minnesota, Friday, May 14, 2004
The House of Representatives convened at 11:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Father James N. Wilson II,
St. Andrews Episcopal Church, Minneapolis, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Smith
Soderstrom
Solberg
Stang
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Adolphson and Dill were excused.
Slawik was excused until
11:45 a.m. Strachan was excused until
11:55 a.m. Blaine was excused until
12:00 noon. Abeler was excused
until 12:10 p.m. Beard was excused
until 1:25 p.m. Lesch was excused until
2:00 p.m. Dempsey was excused until
5:10 p.m.
The Chief Clerk proceeded to read
the Journal of the preceding day.
Fuller moved that further reading of the Journal be suspended and that
the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 653 and H. F. No. 622,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Strachan moved that the rules be so far suspended that
S. F. No. 653 be substituted for H. F. No. 622
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1836 and
H. F. No. 1798, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Kohls moved that the rules be so far suspended that
S. F. No. 1836 be substituted for H. F. No. 1798
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1866 and
H. F. No. 2034, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Haas moved that the rules be so far suspended that
S. F. No. 1866 be substituted for H. F. No. 2034
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2112 and
H. F. No. 2581, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Bradley moved that the rules be so far suspended that
S. F. No. 2112 be substituted for H. F. No. 2581
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2138 and H. F. No. 2214,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Pugh moved that the rules be so far suspended that
S. F. No. 2138 be substituted for H. F. No. 2214
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2263 and
H. F. No. 2479, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
DeLaForest moved that the rules be so far suspended that
S. F. No. 2263 be substituted for H. F. No. 2479
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2428 and
H. F. No. 2461, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Swenson moved that the rules be so far suspended that
S. F. No. 2428 be substituted for H. F. No. 2461
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
House Resolution No. 29, A House resolution recognizing July
26-30, 2004, as Liberian Week in Minnesota.
Reported the same back with the recommendation that the
resolution be adopted.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
House Resolution No. 30, A House resolution honoring Carl Eller
on his induction in the National Football League Hall of Fame and contributions
to the State of Minnesota.
Reported the same back with the recommendation that the
resolution be adopted.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
House Resolution No. 31, A House resolution recognizing the
Brown v. Board of Education ruling.
Reported the same back with the recommendation that the
resolution be adopted.
The report was adopted.
House Resolution No. 29 was reported to the House.
HOUSE
RESOLUTION NO. 29
A House resolution recognizing July 26-30, 2004, as Liberian
Week in Minnesota.
Whereas, realizing in the mid 1970s that many Liberians
were in Minnesota to pursue academic excellence, the Organization of Liberians
in Minnesota (OLM) was established to enable Liberian students to come together
and socialize; and
Whereas, demands on OLM increased as the number of
students increased and in the 1980s and 1990s, demands increased remarkably
when Liberians were no longer mostly students, but immigrants who had
experienced one of the most brutal anarchies in human memory; and
Whereas, today the OLM has to formulate policies to
address issues facing the 25,000 Liberians in Minnesota including immigration
status, underemployment, disunity, and numerous other socio-economic issues;
and
Whereas, despite these issues, Liberians are vibrant and
resilient partners with the people of Minnesota. Compared to all other immigrant groups, Liberians are the highest
providers of health and health-related services and work extremely hard to
support themselves and extended family and friends in Liberia and refugee
camps; and
Whereas, a Liberian Independence Week will highlight the
historical relationship between the United States and Liberia, the vital
contributions Liberians made to the United States in the past and are making to
the health industry in Minnesota, and the socio-economic issues facing the
majority of Liberians; Now, Therefore,
Be It Resolved by the House of Representatives of the
State of Minnesota that it recognizes July 26-30, 2004, as Liberian Week in
Minnesota.
Be It Further Resolved that the Chief Clerk of the House
of Representatives is directed to prepare an enrolled copy of this resolution,
to be authenticated by his signature and that of the Speaker, and transmit it
to the Organization of Liberians in Minnesota.
Olsen, S., moved that House Resolution No. 29 be now
adopted. The motion prevailed and House
Resolution No. 29 was adopted.
The Speaker called Seifert to the Chair.
SECOND READING OF SENATE BILLS
S. F. Nos. 653, 1836, 1866, 2112, 2138, 2263 and 2428 were read
for the second time.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The following House Files were introduced:
Johnson, J., introduced:
H. F. No. 3208, A bill for an act relating to civil actions;
regulating defamation actions; providing for requests for corrections or
clarifications; proposing coding for new law as Minnesota Statutes, chapter
553A.
The bill was read for the first time and referred to the
Committee on Civil Law.
Meslow introduced:
H. F. No. 3209, A bill for an act relating to property;
adopting the Uniform Disclaimer of Property Interests Act; proposing coding for
new law as Minnesota Statutes, chapter 524A; repealing Minnesota Statutes 2002,
sections 501B.86; 525.532.
The bill was read for the first time and referred to the
Committee on Civil Law.
Latz introduced:
H. F. No. 3210, A bill for an act relating to real property;
mortgages; enacting the Uniform Nonjudicial Foreclosure Act approved and
recommended for enactment in all states by the National Conference of
Commissioners on Uniform State Laws; proposing coding for new law as Minnesota
Statutes, chapter 584.
The bill was read for the first time and referred to the
Committee on Civil Law.
Johnson, J.; Beard; Kahn; Simpson and Sykora introduced:
H. F. No. 3211, A bill for an act relating to liquor; modifying
restrictions on importers of wine; prohibiting certain exclusive agreements in
the sale of wine; amending Minnesota Statutes 2002, section 340A.307,
subdivision 4, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 2864, A bill for an act relating to food law;
clarifying the basis on which food can be labeled as kosher; amending Minnesota
Statutes 2002, sections 31.651, subdivision 1; 31.661.
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. 1838, A bill for an act relating to traffic
regulations; regulating uses of recreational vehicle combinations; authorizing
motor carrier of passengers to operate articulated bus up to 61 feet in length
without a permit; amending Minnesota Statutes 2002, sections 169.01,
subdivision 78; 169.81, subdivision 3c, by adding a subdivision.
Patrice Dworak, First Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Cornish moved that the House concur in the Senate amendments to
H. F. No. 1838 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 1838, A bill for an act relating to traffic
regulations; authorizing motor carrier of passengers to operate articulated bus
up to 61 feet in length without a permit; amending Minnesota Statutes 2002,
section 169.81, by adding a subdivision.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 124 yeas
and 1 nay as follows:
Those who voted in the affirmative were:
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Smith
Soderstrom
Solberg
Stang
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative
were:
Wagenius
The bill was repassed, as amended by the Senate, and its title
agreed to.
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. 2383, A bill for an act relating to natural
resources; modifying the forest resources Interagency Information Cooperative;
modifying the State Timber Act; modifying provisions for timber sales on tax-forfeited
land; amending Minnesota Statutes 2002, sections 89A.09, subdivision 1; 90.02;
90.181, subdivision 2; 90.191, subdivision 2, by adding a subdivision; 90.252;
282.04, subdivision 1; Minnesota Statutes 2003 Supplement, sections 90.101,
subdivision 1; 90.14; 90.151, subdivision 1; repealing Minnesota Statutes 2003
Supplement, section 90.191, subdivisions 3, 4.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Lindgren moved that the House concur in the Senate amendments
to H. F. No. 2383 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 2383, A bill for an act relating to natural
resources; providing for the disposition of certain timber sales receipts;
creating a forest management investment account; modifying the forest resources
Interagency Information Cooperative; modifying the State Timber Act; modifying
provisions for timber sales on tax-forfeited land; appropriating money;
amending Minnesota Statutes 2002, sections 84A.51, subdivision 2; 89.035;
89A.09, subdivision 1; 90.02; 90.181, subdivision 2; 90.191, subdivision 2, by
adding a subdivision; 90.252; 282.04, subdivision 1; Minnesota Statutes 2003
Supplement, sections 90.101, subdivision 1; 90.14; 90.151, subdivision 1; Laws
2003, chapter 128, article 1, section 5, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 89; repealing Minnesota Statutes 2003
Supplement, section 90.191, subdivisions 3, 4.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 122 yeas
and 4 nays as follows:
Those who voted in the affirmative were:
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Holberg
Howes
Krinkie
The bill was repassed, as amended by the Senate, and its title
agreed to.
Severson was excused for the remainder of today's session.
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. 2391, A bill for an act relating to health; modifying
authority to dispense controlled substances; amending Minnesota Statutes 2002,
section 152.11, subdivision 1; Minnesota Statutes 2003 Supplement, section
152.11, subdivision 2.
Patrice Dworak, First Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Bradley moved that the House concur in the Senate amendments to
H. F. No. 2391 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 2391, A bill for an act relating to health; modifying
authority to dispense controlled substances; requiring a proposal for a program
for health care professionals prescribing legend drugs; amending Minnesota
Statutes 2002, section 152.11, subdivision 1; Minnesota Statutes 2003
Supplement, section 152.11, subdivision 2.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the
repassage of the bill and the roll was called.
There were 126 yeas and 0 nays as follows:
Those who
voted in the affirmative were:
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the Senate, and its title
agreed to.
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. 2363, A bill for an act relating to natural
resources; modifying provisions for the control of invasive and nonnative
species; providing criminal penalties; requiring rulemaking; amending Minnesota
Statutes 2002, sections 17.4982, subdivision 18a; 84D.01, subdivisions 6, 9,
12, 13, 15, 17, 18, by adding subdivisions; 84D.02, subdivisions 1, 3, 4, 5, 6;
84D.03; 84D.04; 84D.05; 84D.06; 84D.07; 84D.08; 84D.09, subdivision 2; 84D.10,
subdivisions 1, 3; 84D.11, subdivisions 1, 2, 2a; 84D.12; 84D.13, subdivision
3; 86B.415, subdivision 7; 97C.821; Minnesota Statutes 2003 Supplement, sections
18.78, subdivision 2; 84.027, subdivision 13; 84D.14; repealing Minnesota
Statutes 2002, section 84D.01, subdivisions 5, 7; Minnesota Rules, part
6216.0400, subpart 3.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
McNamara moved that the House concur in the Senate amendments
to H. F. No. 2363 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 2363, A bill for an act relating to natural
resources; modifying provisions for the control of invasive and nonnative
species; providing criminal and civil penalties; requiring rulemaking; amending
Minnesota Statutes 2002,
sections 17.4982, subdivision 18a; 84D.01, subdivisions 6, 9, 12, 13, 15, 17,
18, by adding subdivisions; 84D.02, subdivisions 1, 3, 4, 5, 6; 84D.03; 84D.04;
84D.05; 84D.06; 84D.07; 84D.08; 84D.09, subdivision 2; 84D.10, subdivisions 1,
3; 84D.11, subdivisions 1, 2, 2a; 84D.12; 84D.13, subdivisions 3, 4, 5;
86B.415, subdivision 7; 97C.821; Minnesota Statutes 2003 Supplement, sections
18.78, subdivision 2; 84.027, subdivision 13; 84D.14; repealing Minnesota
Statutes 2002, section 84D.01, subdivisions 5, 7; Minnesota Rules, part
6216.0400, subpart 3.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 119 yeas
and 8 nays as follows:
Those who
voted in the affirmative were:
Abrams
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Huntley
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, B.
Buesgens
Howes
Jacobson
Krinkie
Rukavina
Vandeveer
Walz
The bill was repassed, as amended by the Senate, and its title
agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate File, herewith transmitted:
S. F. No. 2429.
Patrick
E. Flahaven,
Secretary of the Senate
Osterman was excused between the hours of 12:05 p.m. and 4:55
p.m.
FIRST
READING OF SENATE BILLS
S. F. No. 2429, A bill for an act relating to employment;
requiring notice of intent to shift jobs out of the country; proposing coding
for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time.
The Speaker resumed the Chair.
SUSPENSION
OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Rukavina moved that the rule therein be suspended and an
urgency be declared so that S. F. No. 2429 be given its second
and third readings and be placed upon its final passage.
A roll call was requested and properly seconded.
POINT
OF ORDER
Cornish raised a point of order pursuant to rule 2.31 relating
to Offensive Words in Debate. The
Speaker ruled the point of order not well taken.
The Speaker called Abrams to the Chair.
The question recurred on the Rukavina motion and the roll was
called. There were 61 yeas and 66 nays
as follows:
Those who voted in the affirmative were:
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dorman
Dorn
Eken
Ellison
Entenza
Fuller
Goodwin
Greiling
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lieder
Lindgren
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Smith
Solberg
Thao
Thissen
Urdahl
Wagenius
Walker
Walz
Wasiluk
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Eastlund
Erhardt
Erickson
Finstad
Gerlach
Gunther
Haas
Hackbarth
Harder
Holberg
Hoppe
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Simpson
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail.
S. F. No. 2429 was referred to the Committee on Commerce, Jobs
and Economic Development.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Friday, May 14, 2004:
H. F. Nos. 2437, 2462 and 2564;
S. F. Nos. 1373, 676, 2112 and 1697;
H. F. No. 2339; S. F. No. 653; and
H. F. No. 2153.
CALENDAR FOR THE DAY
H. F. No. 2762 was reported to the House.
Wilkin, Haas, Huntley and Solberg moved to amend H. F. No.
2762, the first engrossment, as follows:
Pages 1 to 5, delete sections 1 and 2 and insert:
"Section 1.
Minnesota Statutes 2002, section 62A.65, subdivision 5, is amended to
read:
Subd. 5. [PORTABILITY
AND CONVERSION OF COVERAGE.] (a) No individual health plan may be offered,
sold, issued, or with respect to children age 18 or under renewed, to a
Minnesota resident that contains a preexisting condition limitation,
preexisting condition exclusion, or exclusionary rider, unless the limitation
or exclusion is permitted under this subdivision and under chapter 62L,
provided that, except for children age 18 or under, underwriting restrictions
may be retained on individual contracts that are issued without evidence of insurability as a replacement
for prior individual coverage that was sold before May 17, 1993. The individual may be subjected to an
18-month preexisting condition limitation, unless the individual has maintained
continuous coverage as defined in section 62L.02. The individual must not be subjected to an exclusionary
rider. An individual who has maintained
continuous coverage may be subjected to a onetime preexisting condition limitation
of up to 12 months, with credit for time covered under qualifying coverage as
defined in section 62L.02, at the time that the individual first is covered
under an individual health plan by any health carrier. Credit must be given for all qualifying coverage
with respect to all preexisting conditions, regardless of whether the
conditions were preexisting with respect to any previous qualifying
coverage. The individual must not be
subjected to an exclusionary rider.
Thereafter, the individual must not be subject to any preexisting
condition limitation, preexisting condition exclusion, or exclusionary rider
under an individual health plan by any health carrier, except an unexpired
portion of a limitation under prior coverage, so long as the individual maintains
continuous coverage as defined in section 62L.02.
(b) A health carrier must offer an individual health plan to
any individual previously covered under a group health plan issued by that
health carrier, regardless of the size of the group, so long as the individual
maintained continuous coverage as defined in section 62L.02. If the individual has available any
continuation coverage provided under sections 62A.146; 62A.148; 62A.17,
subdivisions 1 and 2; 62A.20; 62A.21; 62C.142; 62D.101; or 62D.105, or
continuation coverage provided under federal law, the health carrier need not
offer coverage under this paragraph until the individual has exhausted the
continuation coverage. The offer must
not be subject to underwriting, except as permitted under this paragraph. A health plan issued under this paragraph
must be a qualified plan as defined in section 62E.02 and must not contain any
preexisting condition limitation, preexisting condition exclusion, or exclusionary
rider, except for any unexpired limitation or exclusion under the previous
coverage. The individual health plan
must cover pregnancy on the same basis as any other covered illness under the
individual health plan. The offer of
coverage by the health carrier must inform the individual that the coverage,
including what is covered and the health care providers from whom covered care
may be obtained, may not be the same as the individual's coverage under the
group health plan. The offer of
coverage by the health carrier must also inform the individual that the
individual, if a Minnesota resident, may be eligible to obtain coverage from
(i) other private sources of health coverage, or (ii) the Minnesota
Comprehensive Health Association, without a preexisting condition limitation,
and must provide the telephone number used by that association for enrollment
purposes. The initial premium rate
for the individual health plan must comply with subdivision 3. The premium rate upon renewal must comply
with subdivision 2. In no event shall
the premium rate exceed 100 percent of the premium charged for comparable
individual coverage by the Minnesota Comprehensive Health Association, and the
premium rate must be less than that amount if necessary to otherwise comply
with this section. An individual health
plan offered under this paragraph to a person satisfies the health carrier's
obligation to offer conversion coverage under section 62E.16, with respect to
that person. Coverage issued under this
paragraph must provide that it cannot be canceled or nonrenewed as a result of
the health carrier's subsequent decision to leave the individual, small
employer, or other group market.
Section 72A.20, subdivision 28, applies to this paragraph.
[EFFECTIVE DATE.] This
section is effective January 1, 2005, and applies to conversion coverage
offered on or after that date.
Sec. 2. Minnesota
Statutes 2002, section 62E.10, subdivision 2, is amended to read:
Subd. 2. [BOARD OF
DIRECTORS; ORGANIZATION.] The board of directors of the association shall be
made up of based upon the member's cost of
self-insurance, accident and health insurance premium, subscriber contract
charges, health maintenance contract payment, or community integrated service
network payment derived from or on behalf of Minnesota residents in the previous
calendar year, as determined by the commissioner. In approving directors of the board, the commissioner shall
consider, among other things, whether all types of members are fairly
represented. Directors selected by
contributing members may be reimbursed from the money of the association for
expenses incurred by them as directors, but shall not otherwise be compensated
by the association for their services.
The costs of conducting meetings of the association and its board of
directors shall be borne by members of the association." nine eleven members as follows: five six directors selected by
contributing members, subject to approval by the commissioner, one of which
must be a health actuary; four five public directors selected
by the commissioner, at least two of whom must be plan enrollees, two of
whom must be representatives of employers whose accident and health insurance
premiums are part of the association's assessment base, and one of whom must be
a licensed insurance agent. At least
two of the public directors must reside outside of the seven-county
metropolitan area. Public
members may include licensed insurance agents. In determining voting rights at members' meetings, each member
shall be entitled to vote in person or proxy.
The vote shall be a weighted vote
Pages 7 to 8, delete sections 5 and 6 and insert:
"Sec. 5. Minnesota
Statutes 2002, section 62L.12, subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.]
(a) A health carrier may sell, issue, or renew individual conversion policies
to eligible employees otherwise eligible for conversion coverage under section
62D.104 as a result of leaving a health maintenance organization's service
area.
(b) A health carrier may sell, issue, or renew individual
conversion policies to eligible employees otherwise eligible for conversion
coverage as a result of the expiration of any continuation of group coverage
required under sections 62A.146, 62A.17, 62A.21, 62C.142, 62D.101, and 62D.105.
(c) A health carrier may sell, issue, or renew conversion
policies under section 62E.16 to eligible employees.
(d) A health carrier may sell, issue, or renew individual
continuation policies to eligible employees as required.
(e) A health carrier may sell, issue, or renew individual
health plans if the coverage is appropriate due to an unexpired preexisting
condition limitation or exclusion applicable to the person under the employer's
group health plan or due to the person's need for health care services not
covered under the employer's group health plan.
(f) A health carrier may sell, issue, or renew an individual
health plan, if the individual has elected to buy the individual health plan
not as part of a general plan to substitute individual health plans for a group
health plan nor as a result of any violation of subdivision 3 or 4.
(g) Nothing in this subdivision relieves a health carrier of
any obligation to provide continuation or conversion coverage otherwise
required under federal or state law.
(h) Nothing in this chapter restricts the offer, sale,
issuance, or renewal of coverage issued as a supplement to Medicare under
sections 62A.31 to 62A.44, or policies or contracts that supplement Medicare
issued by health maintenance organizations, or those contracts governed by
section 1833 or 1876 of the federal Social Security Act, United States Code,
title 42, section 1395 et seq., as amended.
(i) Nothing in this chapter restricts the offer, sale,
issuance, or renewal of individual health plans necessary to comply with a court
order.
(j) A health carrier may offer, issue, sell, or renew an
individual health plan to persons eligible for an employer group health plan,
if the individual health plan is a high deductible health plan for use in
connection with an existing health savings account, in compliance with the
Internal Revenue Code, section 223. In
that situation, the same or a different health carrier may offer, issue, sell,
or renew a group health plan to cover the other eligible employees in the
group.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 6.
Minnesota Statutes 2002, section 62L.12, subdivision 3, is amended to
read:
Subd. 3. [AGENT'S
LICENSURE.] An agent licensed under chapter 60K or section 62C.17 who knowingly
and willfully breaks apart a small group for the purpose of selling individual
health plans to eligible employees and dependents of a small employer that
meets the participation and contribution requirements of section 62L.03,
subdivision 3, is guilty of an unfair trade practice and subject to
disciplinary action, including the revocation or suspension of license, under
section 60K.43 or 62C.17. The action
must be by order and subject to the notice, hearing, and appeal procedures specified
in section 60K.43. The action of the
commissioner is subject to judicial review as provided under chapter 14. This section does not apply to any action
performed by an agent that would be permitted for a health carrier under
subdivision 2.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 7. Minnesota
Statutes 2002, section 62Q.01, is amended by adding a subdivision to read:
Subd. 4a. [HIGH
DEDUCTIBLE HEALTH PLANS.] "High deductible health plans" means
those health coverage plans issued by a health plan company as defined under
the provisions of sections 220 and 223 of the Internal Revenue Code of 1986,
and implementing regulations.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 8. [62Q.025]
[PRODUCT APPROVALS.]
Subdivision 1.
[QUALIFIED PLAN.] A high deductible health plan shall be deemed a
qualified plan under sections 62E.06 and 62E.12. The plan must meet all other requirements of state law except
those that are inconsistent with a high deductible health plan as defined in
sections 220 and 223 of the Internal Revenue Code and supporting regulations.
Subd. 2.
[AUTHORIZATION.] Notwithstanding any other law of this state, any
health plan company defined in section 62Q.01, subdivision 4, is permitted to
offer high deductible health plans.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 9. [62Q.182]
[SHORT-TERM COVERAGE; APPLICABILITY.]
Notwithstanding section 62A.65, subdivision 3, paragraph
(g), and subdivision 7, paragraph (c), short-term coverage is not subject to
section 62A.021.
Sec. 10. Minnesota
Statutes 2002, section 62T.02, is amended by adding a subdivision to read:
Subd. 3.
[SEASONAL EMPLOYEES.] A purchasing alliance may define eligible
employees to include seasonal employees.
For purposes of this chapter, "seasonal employee" means an
employee who is employed on a full-time basis for at least six months during
the calendar year and is unemployed for no longer than four months during the
calendar year. If seasonal employees
are included:
(1) the alliance must not show bias in the selection of
members based on the percentage of seasonal employees employed by an employer
member;
(2) prior to issuance or renewal, the employer must inform
the alliance that it will include seasonal employees;
(3) the employer must cover seasonal employees for
the entire term of its plan year; and
(4) the purchasing alliance may require an employer-member
contribution of at least 50 percent of the cost of employee coverage during the
months the seasonal employee is unemployed.
Sec. 11. Minnesota
Statutes 2002, section 72A.20, is amended by adding a subdivision to read:
Subd. 37.
[ELECTRONIC TRANSMISSION OF REQUIRED INFORMATION.] A health carrier,
as defined in section 62A.011, subdivision 2, is not in violation of this
chapter for electronically transmitting or electronically making available
information otherwise required to be delivered in writing under chapters 62A to
62Q and 72A to an enrollee as defined in section 62Q.01, subdivision 2a, and
with the requirements of those chapters if the following conditions are met:
(1) the health carrier informs the enrollee that electronic
transmission or access is available and, at the discretion of the health
carrier, the enrollee is given one of the following options:
(i) electronic transmission or access will occur only if the
enrollee affirmatively requests to the health carrier that the required
information be electronically transmitted or available and a record of that
request is retained by the health carrier; or
(ii) electronic transmission or access will automatically
occur if the enrollee has not opted out of that manner of transmission by
request to the health carrier and requested that the information be provided in
writing. If the enrollee opts out of
electronic transmission, a record of that request must be retained by the
health carrier;
(2) the enrollee is allowed to withdraw the request at any
time;
(3) if the information transmitted electronically contains
individually identifiable data, it must be transmitted to a secured
mailbox. If the information made
available electronically contains individually identifiable data, it must be
made available at a password-protected secured Web site;
(4) the enrollee is provided a customer service number on
the enrollee's member card that may be called to request a written copy of the
document; and
(5) the electronic transmission or electronic availability
meets all other requirements of this chapter including, but not limited to,
size of the typeface and any required time frames for distribution.
Sec. 12. Minnesota
Statutes 2002, section 147.03, subdivision 1, is amended to read:
Subdivision 1.
[ENDORSEMENT; RECIPROCITY.] (a) The board may issue a license to
practice medicine to any person who satisfies the requirements in paragraphs
(b) to (f).
(b) The applicant shall satisfy all the requirements
established in section 147.02, subdivision 1, paragraphs (a), (b), (d), (e),
and (f).
(c) The applicant shall:
(1) have passed an examination prepared and graded by the
Federation of State Medical Boards, the National Board of Medical Examiners, or
the United States Medical Licensing Examination program in accordance with
section 147.02, subdivision 1, paragraph (c), clause (2); the National Board of
Osteopathic Examiners; or the Medical Council of Canada; and
(2) have a current license from the
equivalent licensing agency in another state or Canada and, if the examination
in clause (1) was passed more than ten years ago, either:
(i) pass the Special Purpose Examination of the Federation of
State Medical Boards with a score of 75 or better within three attempts; or
(ii) have a current certification by a specialty board of the
American Board of Medical Specialties, of the American Osteopathic Association
Bureau of Professional Education, or of the Royal College of Physicians and
Surgeons of Canada.
(d) The applicant shall pay a fee established by the board by
rule. The fee may not be refunded.
(e) The applicant must not be under license suspension or
revocation by the licensing board of the state or jurisdiction in which the
conduct that caused the suspension or revocation occurred.
(f) The applicant must not have engaged in conduct warranting
disciplinary action against a licensee, or have been subject to disciplinary
action other than as specified in paragraph (e). If an applicant does not satisfy the requirements stated in this
paragraph, the board may issue a license only on the applicant's showing that the
public will be protected through issuance of a license with conditions or
limitations the board considers appropriate.
(g) Upon the request of an applicant, the board may conduct
the final interview of the applicant by teleconference.
Sec. 13. [151.214]
[PAYMENT DISCLOSURE.]
Subdivision 1.
[EXPLANATION OF PHARMACY BENEFITS.] A pharmacist licensed under this
chapter must provide to a patient, for each prescription dispensed where part
or all of the cost of the prescription is being paid or reimbursed by an
employer-sponsored plan or health plan company, or its contracted pharmacy
benefit manager, the patient's co-payment amount and the usual and customary
price of the prescription or the amount the pharmacy will be paid for the
prescription drug by the patient's employer-sponsored plan or health plan
company, or its contracted pharmacy benefit manager.
Subd. 2. [NO
PROHIBITION ON DISCLOSURE.] No contracting agreement between an
employer-sponsored health plan or health plan company, or its contracted
pharmacy benefit manager, and a resident or nonresident pharmacy registered
under this chapter, may prohibit the pharmacy from disclosing to patients
information a pharmacy is required or given the option to provide under
subdivision 1.
Sec. 14. Minnesota
Statutes 2003 Supplement, section 256B.69, subdivision 4, is amended to read:
Subd. 4. [LIMITATION OF
CHOICE.] (a) The commissioner shall develop criteria to determine when
limitation of choice may be implemented in the experimental counties. The criteria shall ensure that all eligible
individuals in the county have continuing access to the full range of medical
assistance services as specified in subdivision 6.
(b) The commissioner shall exempt the following persons from
participation in the project, in addition to those who do not meet the criteria
for limitation of choice:
(1) persons eligible for medical assistance according to
section 256B.055, subdivision 1;
(2) persons eligible for medical
assistance due to blindness or disability as determined by the Social Security
Administration or the state medical review team, unless:
(i) they are 65 years of age or older; or
(ii) they reside in Itasca County or they reside in a county in
which the commissioner conducts a pilot project under a waiver granted pursuant
to section 1115 of the Social Security Act;
(3) recipients who currently have private coverage through a
health maintenance organization;
(4) recipients who are eligible for medical assistance by
spending down excess income for medical expenses other than the nursing
facility per diem expense;
(5) recipients who receive benefits under the Refugee
Assistance Program, established under United States Code, title 8, section
1522(e);
(6) children who are both determined to be severely emotionally
disturbed and receiving case management services according to section
256B.0625, subdivision 20;
(7) adults who are both determined to be seriously and
persistently mentally ill and received case management services according to
section 256B.0625, subdivision 20;
(8) persons eligible for medical assistance according to
section 256B.057, subdivision 10; and
(9) persons with access to cost-effective employer-sponsored
private health insurance or persons enrolled in an individual health plan
determined to be cost-effective according to section 256B.0625, subdivision 15.
Children under age 21 who
are in foster placement may enroll in the project on an elective basis. Individuals excluded under clauses (1), (6),
and (7) may choose to enroll on an elective basis. The commissioner may enroll recipients in the prepaid medical
assistance program for seniors who are (1) age 65 and over, and (2) eligible
for medical assistance by spending down excess income.
(c) The commissioner may allow persons with a one-month
spenddown who are otherwise eligible to enroll to voluntarily enroll or remain
enrolled, if they elect to prepay their monthly spenddown to the state.
(d) The commissioner may require those individuals to enroll in
the prepaid medical assistance program who otherwise would have been excluded
under paragraph (b), clauses (1), (3), and (8), and under Minnesota Rules, part
9500.1452, subpart 2, items H, K, and L.
(e) Before limitation of choice is implemented, eligible
individuals shall be notified and after notification, shall be allowed to
choose only among demonstration providers.
The commissioner may assign an individual with private coverage through
a health maintenance organization, to the same health maintenance organization
for medical assistance coverage, if the health maintenance organization is
under contract for medical assistance in the individual's county of
residence. After initially choosing a
provider, the recipient is allowed to change that choice only at specified
times as allowed by the commissioner.
If a demonstration provider ends participation in the project for any
reason, a recipient enrolled with that provider must select a new provider but
may change providers without cause once more within the first 60 days after
enrollment with the second provider.
(f) An infant born to a woman
who is eligible for and receiving medical assistance and who is enrolled in the
prepaid medical assistance program shall be retroactively enrolled to the month
of birth in the same managed care plan as the mother once the child is enrolled
in medical assistance unless the child is determined to be excluded from
enrollment in a prepaid plan under this section.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, or upon federal approval, whichever is
later.
Sec. 15. [HOSPITAL
CONSTRUCTION MORATORIUM EXEMPTION; EFFECTIVE DATE.]
Laws 2004, chapter 187, is effective July 1, 2004.
[EFFECTIVE DATE.] This
section is effective July 1, 2004."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 2762, A bill for an act relating to health;
regulating coverages; regulating the Minnesota Comprehensive Health
Association; providing for the composition of the board; authorizing an
enrollee incentive for participation in a disease management program; phasing
out Medicare-extended basic supplement plans; providing for high deductible
plans; authorizing purchasing alliances to include seasonal employees;
regulating trade practices; regulating certain health occupations and
professions; requiring certain pharmacy benefit disclosures; providing an
effective date for a certain hospital construction moratorium exemption;
requiring a study; amending Minnesota Statutes 2002, sections 62A.65,
subdivision 5; 62E.10, subdivisions 2, 10; 62L.12, subdivisions 2, 3; 62Q.01,
by adding a subdivision; 62T.02, by adding a subdivision; 72A.20, by adding a
subdivision; 147.03, subdivision 1; Minnesota Statutes 2003 Supplement,
sections 62E.12; 256B.69, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapters 62Q; 151.
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 127 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dorman
Dorn
Eastlund
Eken
Ellison
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
H. F. No. 2678 was reported to the House.
Hackbarth moved to amend H. F. No. 2678, the third engrossment,
as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2003 Supplement, section 84.788, subdivision 3, is
amended to read:
Subd. 3. [APPLICATION;
ISSUANCE; REPORTS.] (a) Application for registration or continued registration
must be made to the commissioner or an authorized deputy registrar of motor
vehicles in a form prescribed by the commissioner. The form must state the name and address of every owner of the
off-highway motorcycle.
(b) A person who purchases from a retail dealer an off-highway
motorcycle shall make application for registration to the dealer at the point
of sale. The dealer shall issue a
temporary ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer
shall submit the completed registration applications and fees to the deputy
registrar at least once each week. No
fee may be charged by a dealer to a purchaser for providing the temporary
permit.
(c) Upon receipt of the application and the appropriate fee,
the commissioner or deputy registrar shall issue to the applicant, or provide
to the dealer, a 60-day temporary receipt and shall assign a registration
number that must be affixed to the motorcycle in a manner prescribed by the
commissioner according to paragraph (f). A dealer subject to paragraph (b) shall provide the registration
materials and temporary receipt to the purchaser within the ten-day temporary permit
period.
(d) The commissioner shall develop a registration system to
register vehicles under this section. A
deputy registrar of motor vehicles acting under section 168.33, is also a
deputy registrar of off-highway motorcycles.
The commissioner of natural resources in agreement with the commissioner
of public safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and registration
fees. Deputy registrars shall strictly
comply with the accounting and procedural requirements.
(e) In addition to other fees prescribed by law, a filing fee
of $4.50 is charged for each off-highway motorcycle registration renewal,
duplicate or replacement registration card, and replacement decal and a filing
fee of $7 is charged for each off-highway motorcycle registration and
registration transfer issued by:
(1) a deputy registrar and must be deposited in the treasury of
the jurisdiction where the deputy is appointed, or kept if the deputy is not a
public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
(f) Unless exempted in paragraph (g), the owner of an
off-highway motorcycle must display a registration decal issued by the
commissioner. If the motorcycle is
licensed as a motor vehicle, a registration decal must be affixed on the upper
left corner of the rear license plate.
If the motorcycle is not licensed as a motor vehicle, the decal must be attached on the side of the
motorcycle and may be attached to the fork tube. The decal must be attached in a manner so that it is visible
while a rider is on the motorcycle. The
issued decals must be of a size to work within the constraints of the
electronic licensing system, not to exceed three inches high and three inches
wide.
(g) Display of a registration decal is not required for an
off-highway motorcycle:
(1) while being operated on private property; or
(2) while competing in a closed-course competition event.
Sec. 2. Minnesota
Statutes 2002, section 84.798, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS.] Unless exempted under subdivision 2, after January 1, 1995, a
person may not operate and an owner may not give permission for another to
operate a vehicle off-road, nor may a person have an off-road vehicle not
registered under chapter 168 in possession at an off-road vehicle staging area,
or on lands administered by the commissioner on off-road vehicle
designated trail trails or area areas, or on off-road
vehicle grant-in-aid trails and areas funded under section 84.803, unless
the vehicle has been registered under this section.
Sec. 3. Minnesota
Statutes 2002, section 84.925, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
ESTABLISHED.] (a) The commissioner shall establish a comprehensive all-terrain
vehicle environmental and safety education and training program, including the
preparation and dissemination of vehicle information and safety advice to the
public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12
years who successfully complete the all-terrain vehicle environmental and
safety education and training course.
(b) For the purpose of administering the program and to defray
a portion of the expenses of training and certifying vehicle operators, the
commissioner shall collect a fee of $15 from each person who receives the
training. Fee proceeds shall be deposited
in the all-terrain vehicle account in the natural resources fund. In addition to the fee established by the
commissioner, instructors may charge each person up to $5 for class material
and expenses.
(c) The commissioner shall cooperate with private organizations
and associations, private and public corporations, and local governmental units
in furtherance of the program established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom
portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to the
certification of vehicle operators. By
June 30, 2003, the commissioner shall incorporate a riding component in the
safety education and training program.
Sec. 4. Minnesota
Statutes 2002, section 84.9256, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) Except for operation on public
road rights-of-way that is permitted under section 84.928, a driver's license
issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or
waters.
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may make a direct
crossing of a public road right-of-way of a trunk, county state-aid, or county
highway or operate on public lands and waters, only if that person possesses a
valid all-terrain vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years of age or older
who holds a valid driver's license.
(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years old, are not valid
for machines in excess of 90cc engine capacity unless:
(1) the person successfully completed the safety education and
training program under section 84.925, subdivision 1, including a riding
component; and
(2) the riding component of the training was conducted using
an all-terrain vehicle with over 90cc engine capacity; and
(3) the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.
Sec. 5. Minnesota
Statutes 2002, section 84.928, subdivision 6, is amended to read:
Subd. 6. [REGULATIONS
BY POLITICAL SUBDIVISIONS.] (a) Notwithstanding any law to the contrary, a city
or town, acting through its governing body, may by resolution or ordinance
prohibit the operation of all-terrain vehicles on city streets or town roads in
its jurisdiction provided the regulations are otherwise consistent with
sections 84.92 to 84.929.
(b) A county or city, or a town acting by its town board, may
regulate the operation of all-terrain vehicles on public lands, waters, and
property under its jurisdiction other than public road rights-of-way within its
boundaries, by resolution or ordinance of the governing body and by giving
appropriate notice, provided:
(1) the regulations must be consistent with sections 84.92 to
84.929 and rules adopted under section 84.924;
(2) an ordinance may not impose a fee for the use of public
land or water under the jurisdiction of either the Department of Natural
Resources or other agency of the state, or for the use of an access to it owned
by the state or a county or a city; and
(3) an ordinance may not require an all-terrain vehicle
operator to possess a motor vehicle driver's license while operating an
all-terrain vehicle.
(c) Notwithstanding any law to the contrary, a county board by
ordinance may allow the operation of all-terrain vehicles on the road
right-of-way shoulder, or inside bank or slope of a county highway or county
state-aid highway, if:
(1) the highway is in the agricultural zone; or
(2) safe operation in the ditch or outside slope is impossible,
and the county posts the appropriate notice; or
(3) the road is designated as a minimum-maintenance road
under section 160.095.
Sec. 6. Laws
2003, chapter 128, article 1, section 167, subdivision 1, is amended to read:
Subdivision 1. [FOREST
CLASSIFICATION STATUS REVIEW.] (a) By December 31, 2006, the commissioner of natural
resources shall complete a review of the forest classification status of all
state forests classified as managed or limited, all forest lands under
the authority of the commissioner as defined in Minnesota Statutes, section
89.001, subdivision 13, and lands managed by the commissioner under Minnesota
Statutes, section 282.011. The review
must be conducted on a forest-by-forest and area-by-area basis in accordance
with the process and criteria under Minnesota Rules, part 6100.1950. After each forest is reviewed, the
commissioner must change its status to limited or closed, and must provide a
similar status for each of the other areas subject to review under this section
after each individual review is completed.
(b) If the commissioner determines on January 1, 2005, that the
review required under this section cannot be completed by December 31, 2006,
the completion date for the review shall be extended to December 31, 2008. By January 15, 2005, the commissioner shall
report to the chairs of the legislative committees with jurisdiction over
natural resources policy and finance regarding the status of the process
required by this section.
(c) Until December 31, 2010, the state forests and areas
subject to review under this section are exempt from Minnesota Statutes,
section 84.777, unless an individual forest or area has been classified as
limited or closed."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
Fuller moved to amend the Hackbarth amendment to H. F. No.
2678, the third engrossment, as follows:
Page 6, line 1, after "is" insert "unpaved
or"
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Hackbarth amendment, as amended,
to H. F. No. 2678, the third engrossment. The motion prevailed and the amendment, as
amended, was adopted.
H. F. No. 2678, A bill for an act relating to natural
resources; modifying certain provisions for the operation of off-highway
vehicles; modifying decal requirements for off-highway motorcycles; modifying
all-terrain vehicle provisions; providing for certain class fees; modifying
provisions for reviewing forest classification status; amending Minnesota
Statutes 2002, sections 84.798, subdivision 1; 84.925, subdivision 1; 84.9256,
subdivision 1; 84.928, subdivision 6; Minnesota Statutes 2003 Supplement,
section 84.788, subdivision 3; Laws 2003, chapter 128, article 1, section 167,
subdivision 1.
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 100
yeas and 28 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
DeLaForest
Demmer
Dorman
Dorn
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Hilstrom
Hilty
Holberg
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Bernardy
Biernat
Clark
Davnie
Ellison
Entenza
Goodwin
Greiling
Hausman
Heidgerken
Hoppe
Hornstein
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Mariani
Mullery
Otto
Paymar
Sieben
Slawik
Thao
Thissen
Wagenius
Walker
The bill was passed, as amended, and its title agreed to.
S. F. No. 1373 was reported to the House.
Cornish moved to amend S. F. No. 1373 as follows:
Page 1, delete lines 7 to 17 and insert:
"A person or organization that conducts a poll by
telephone which references a candidate for elective office must, upon request
from the person being polled, disclose:
(1) the person or entity that commissioned the poll; and
(2) whether the candidate or candidates referenced in the
poll, authorized the poll."
Mariani moved to amend the Cornish amendment to S. F. No. 1373
as follows:
Page 1, line 5, after the comma, delete ", upon"
Page 1, line 6, delete everything before "disclose"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 71 yeas
and 57 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Borrell
Brod
Carlson
Clark
Davnie
Dorman
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Holberg
Hornstein
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kelliher
Koenen
Kuisle
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Olsen, S.
Olson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Seagren
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Wilkin
Those who voted in the negative were:
Abeler
Abrams
Beard
Blaine
Boudreau
Bradley
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Nornes
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Westerberg
Westrom
Zellers
Spk. Sviggum
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Cornish amendment, as amended, to
S. F. No. 1373. The
motion prevailed and the amendment, as amended, was adopted.
S. F. No. 1373, as amended, was read for the third time.
Cornish moved that S. F. No. 1373, as amended,
be continued on the Calendar for the Day.
The motion prevailed.
The Speaker called Abrams to the Chair.
S. F. No. 1790 was reported to the
House.
Lanning, Meslow, Brod and Nelson, P., moved to amend S. F. No.
1790 as follows:
Page 1, delete section 1
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Lanning et al amendment and the
roll was called. There were 66 yeas and
65 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Davids
Demmer
Dempsey
Dorman
Eastlund
Erickson
Finstad
Gerlach
Gunther
Haas
Hackbarth
Harder
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindner
Magnus
Meslow
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Simpson
Soderstrom
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Urdahl
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Cox
Davnie
DeLaForest
Dorn
Eken
Ellison
Entenza
Erhardt
Fuller
Goodwin
Greiling
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lipman
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, C.
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Smith
Solberg
Thao
Vandeveer
Wagenius
Walker
Wasiluk
The motion prevailed and the amendment was adopted.
S. F. No. 1790, A bill for an act relating to local government;
increasing the flexibility of local government contracting; increasing the
purchasing authority of city managers in plan B cities; increasing the
competitive bidding threshold for small cities; authorizing the use of reverse
auction and electronic bidding and selling; amending Minnesota Statutes 2002,
sections 373.01, subdivision 1; 412.691; 429.041, subdivisions 1, 2; 469.015,
subdivisions 1, 3; 471.345, subdivisions 3, 4, by adding subdivisions;
Minnesota Statutes 2003 Supplement, section 16C.10, subdivision 7.
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 90 yeas and 41 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
Demmer
Dempsey
Dorman
Dorn
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Hausman
Hilty
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
Meslow
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otto
Ozment
Paulsen
Pelowski
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
DeLaForest
Eken
Ellison
Entenza
Goodwin
Greiling
Heidgerken
Hilstrom
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lesch
Lieder
McNamara
Mullery
Murphy
Otremba
Paymar
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Wagenius
Walker
Wasiluk
The bill was passed, as amended, and its title agreed to.
Hornstein was excused between the hours of 5:20 p.m. and 10:30
p.m.
H. F. No. 2462 was reported to the House.
Entenza and Pugh moved to amend H. F. No. 2462 as follows:
Page 1, after line 7, insert:
"Section 1.
[62A.662] [SCHOOL EMPLOYEE INSURANCE PLAN.]
Subdivision 1.
[DEFINITIONS.] For purposes of this section:
(1) "eligible employee" means a person who is
insurance eligible under a collective bargaining agreement or under the
personnel policy of an eligible employer; and
(2) "eligible employer" means a school district as
defined in section 120A.05; a service cooperative as defined in section
123A.21; an intermediate district as defined in section 136D.01; a cooperative
center for vocational education as defined in section 123A.22; a regional
management information center as defined in section 123A.23; an education unit
organized under section 471.59; or a charter school organized under section
124D.10.
Subd. 2. [CREATION OF BOARD.] (a) The Minnesota
School Employee Insurance Board is created as a public corporation subject to
the provisions of chapter 317A except as otherwise provided in this
section. As provided in section 15.082,
the state is not liable for obligations of this public corporation.
(b) The board shall create and administer the Minnesota
School Employee Insurance Pool as described in this section.
(c) If the board does not offer coverage by December 15,
2008, the board expires and this section expires on that date.
Subd. 3. [BOARD
OF DIRECTORS.] (a) The School Employee Insurance Board consists of:
(1) seven members representing exclusive representatives of
eligible employees, appointed by exclusive representatives, as provided in
paragraph (b); and
(2) seven members representing eligible employers, appointed
by the Minnesota School Boards Association.
(b) The seven members of the board who represent statewide
affiliates of exclusive representatives of eligible employees are appointed as
follows: four members appointed by
Education Minnesota and one member each appointed by the Service Employees
International Union, the Minnesota School Employees Association, and American
Federation of State, County, and Municipal Employees.
(c) Appointing authorities must make their initial
appointments no later than August 1, 2004, by filing a notice of the
appointment with the commissioner of commerce.
Notices of subsequent appointments must be filed with the board. An entity entitled to appoint a board member
may replace the board member at any time.
(d) Board members are eligible for compensation and expense
reimbursement under section 15.0575, subdivision 3, to the extent of funds
available.
(e) The board must arrange for one or more methods of
dispute resolution so as to minimize the possibility of deadlocks.
(f) The board shall establish governance requirements,
including staggered terms, term limits, quorum, a plan of operation, and audit
provisions.
Subd. 4. [NATURE
OF THE PLAN.] (a) Health coverage offered through the Minnesota School
Employee Insurance Pool shall be made available by the board to all eligible
employees of eligible employers, as defined in subdivision 1.
(b) If an eligible employer provides health coverage or
money to purchase health coverage to eligible employees, the coverage must be
provided or purchased only through the health plans offered by the board.
(c) The board must offer more than one health plan and may
establish more than one tier of premium rates for any specific plan. Plans and premium rates may vary across
geographic regions established by the board.
The health plans must comply with chapters 62A, 62J, 62M, and 62Q, and
must provide the optimal combination of coverage, cost, choice, and stability,
in the judgment of the board.
(d) The board must include claims reserves, stabilization
reserves, reinsurance, and other features that in the judgment of the board
will result in long-term stability and solvency of the health plans offered.
(e) The board may determine
whether the health plans should be fully insured through a health carrier
licensed in this state, self insured, or a combination of those two alternatives.
(f) The health plans must include disease management and
consumer education, including wellness programs and measures encouraging the
wise use of health coverage, to the extent determined to be appropriate by the
board.
(g) The board may provide one or more separate health plans
for retirees, which may be coordinated with Medicare. Those plans may be Medicare supplement plans described in section
62A.316, 62A.317, or 62A.318.
Subd. 5. [MCHA
MEMBERSHIP AND ASSESSMENTS.] (a) The board is a contributing member of the
Minnesota Comprehensive Health Association and must pay assessments made by the
association on its premium revenues, as provided in section 62E.11, subdivision
5, paragraph (b).
(b) In making the allocation of losses provided in paragraph
(a), the association's assessment against the Minnesota School Employee
Insurance Board must equal the product of (1) the percentage of premiums
assessed against other association members; (2) .3885; and (3) premiums
received by the Minnesota School Employee Insurance Board. For purposes of this calculation, premiums
of the board used must be net of rate credits and retroactive rate refunds on
the same basis as the premiums of other association members.
Subd. 6.
[REPORT.] The board shall report to the legislature by January 15,
2006, on a final design for the pool that complies with subdivision 4 and on
governance requirements for the board, including staggered terms, term limits,
quorum, and a plan of operation and audit provisions. The report must include any legislative changes necessary to
ensure conformance with chapters 62A, 62J, 62M, and 62Q.
Subd. 7.
[PERIODIC EVALUATION.] (a) Beginning January 15, 2007, and for the
next two years, the board must submit an annual report to the commissioner of
commerce and the legislature, in compliance with sections 3.195 and 3.197,
summarizing and evaluating the performance of the pool during the previous year
of operation.
(b) Beginning in 2010 and in each even-numbered year
thereafter, the board must submit to the legislature a biennial report
summarizing and evaluating the performance of the pool during the preceding two
fiscal years.
Subd. 8. [BOARD
ACTIVITY DEPENDENT ON FUNDING.] The board shall perform its responsibilities
to the extent permitted by available appropriations, donations, loans, and
other sources of funding available to the board."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
Haas moved that H. F. No. 2462 be continued on
the Calendar for the Day. The motion
prevailed.
H. F. No. 2339 was reported to the House.
Smith moved that H. F. No. 2339 be temporarily
laid over on the Calendar for the Day.
The motion prevailed.
S. F. No. 1697 was reported to the House.
Rukavina moved that S. F. No. 1697 be
temporarily laid over on the Calendar for the Day. The motion prevailed.
Tingelstad was excused between the hours of 5:35 p.m. and 8:30
p.m.
Biernat was excused for the remainder of today's session.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 2177, A bill for an act relating to metropolitan
government; clarifying the authority of municipalities' subdivision
regulations; modifying the method for determining each municipality's
affordable and life-cycle housing opportunities amount; modifying the basis on
which nonparticipating municipalities may elect to participate; making
conforming changes; amending Minnesota Statutes 2002, sections 462.358,
subdivision 11; 473.254, subdivisions 2, 3, 4, 6, 7, 8, by adding a subdivision.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Higgins, Dibble and Senjem.
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
Abrams 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. 2177. 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. 1790, A bill for an act relating to local government;
increasing the flexibility of local government contracting; increasing the
purchasing authority of city managers in plan B cities; increasing the
competitive bidding threshold for small cities; authorizing the use of reverse
auction and electronic bidding and selling; amending Minnesota Statutes 2002,
sections 373.01, subdivision 1; 412.691; 429.041, subdivisions 1, 2; 469.015,
subdivisions 1, 3; 471.345, subdivisions 3, 4, by adding subdivisions;
Minnesota Statutes 2003 Supplement, section 16C.10, subdivision 7.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Dibble, Wiger and Frederickson.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Lanning 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. 1790. 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. 2274, A bill for an act relating to zoning; providing
certain limitations on municipal interim ordinances; amending Minnesota
Statutes 2002, section 462.355, subdivision 4.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Vickerman, Scheid and Tomassoni.
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
Buesgens 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. 2274. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 532, A bill for an act relating to highways;
modifying provisions governing use of highway right‑of‑way by
snowmobiles; amending Minnesota Statutes 2002, section 84.87, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Howes moved that the House concur in the Senate amendments to
H. F. No. 532 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 532, A bill for an act relating to highways; allowing
two-way operation of snowmobiles on either side of highway right-of-way when
authorized by commissioner of transportation; amending Minnesota Statutes 2002,
section 84.87, subdivision 1.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage 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
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the Senate, and its title
agreed to.
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. 2078, A bill for an act relating to public transit;
clarifying railroad grade crossing requirements; clarifying crimes involving
public transit; providing penalties; amending Minnesota Statutes 2002, section
609.855, subdivision 1, by adding a subdivision; Minnesota Statutes 2003
Supplement, section 169.28, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Holberg moved that the House concur in the Senate amendments to
H. F. No. 2078 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 2078, A bill for an act relating to public transit;
clarifying railroad grade crossing requirements; authorizing regulation of
light rail transit warning signals; clarifying crimes involving public transit;
providing penalties; amending Minnesota Statutes 2002, section 609.855,
subdivision 1, by adding a subdivision; Minnesota Statutes 2003 Supplement,
section 169.28, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 473.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 124 yeas
and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
Erickson
Krinkie
The bill was repassed, as amended by the Senate, and its title
agreed to.
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. 606, A bill for an act relating to health; modifying
prior authorization requirements for health care services; establishing
requirements for provider contracting; modifying provisions for payment of
claims; amending Minnesota Statutes 2002, sections 62M.07; 62Q.74; 62Q.75,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62Q;
repealing Minnesota Statutes 2002, section 62Q.745.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Smith moved that the House concur in the Senate amendments to
H. F. No. 606 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 606, A bill for an act relating to health; modifying
prior authorization requirements for health care services; establishing
requirements for provider contracting; modifying provisions for payment of
claims; amending Minnesota Statutes 2002, sections 62M.07; 62Q.74; 62Q.75,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62Q;
repealing Minnesota Statutes 2002, section 62Q.745.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 125 yeas
and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Krinkie
Wilkin
The bill was repassed, as amended by the Senate, and its title
agreed to.
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. 2246, A bill for an act relating to health; modifying
the nursing facility survey process; establishing a quality improvement
program; requiring annual quality improvement reports; requiring the
commissioner of health to seek federal waivers and approvals; amending
Minnesota Statutes 2002, sections 144A.10, subdivision 1a, by adding a
subdivision; 256.01, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 144A.
Patrick
E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Samuelson moved that the House concur in the Senate amendments
to H. F. No. 2246 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 2246, A bill for an act relating to health; modifying
the nursing facility survey process; establishing a quality improvement
program; requiring annual quality improvement reports; requiring the
commissioner of health to seek federal waivers and approvals; amending
Minnesota Statutes 2002, sections 144A.10, subdivision 1a, by adding a
subdivision; 256.01, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 144A.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 128 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the Senate, and its title
agreed to.
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. 2040, A bill for an act relating to water; modifying
provisions relating to warrantied sewage treatment systems; creating a
certification program for new wastewater treatment technology; appropriating
money; amending Minnesota Statutes 2002, section 115.55, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 115; repealing
Minnesota Statutes 2002, section 115.55, subdivision 10.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Olson, M., moved that the House concur in the Senate amendments
to H. F. No. 2040 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 2040, A bill for an act relating to water; modifying
provisions relating to warrantied sewage treatment systems; creating a
certification program for new wastewater treatment technology; appropriating
money; amending Minnesota Statutes 2002, section 115.55, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 115.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage
of the bill and the roll was called.
There were 127 yeas and 2 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Buesgens
Krinkie
The bill was repassed, as amended by the Senate, and its title
agreed to.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 1790:
Lanning, Meslow and Thissen.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 2177:
Abrams, Buesgens and Vandeveer.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 2274:
Buesgens, Abrams and Kuisle.
CALENDAR
FOR THE DAY
Abrams moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Nelson, P., moved that the name of Kohls be added as an author
on H. F. No. 2819. The
motion prevailed.
Seifert moved that the name of Peterson be added as an author
on H. F. No. 3202. The
motion prevailed.
Anderson, I., moved that S. F. No. 2429 be
recalled from the Committee on Commerce, Jobs and Economic Development.
A roll call was requested and properly seconded.
The question was taken on the Anderson, I., motion and the roll
was called. There were 54 yeas and 75
nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Anderson, J.
Bernardy
Carlson
Clark
Davnie
Dorman
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Smith
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Simpson
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail.
Jaros and Thissen were excused for the remainder of
today's session.
Paulsen moved that the complaint relating to Representative
Gregory Davids of District 31B, which was referred to the Committee on Ethics
by the Speaker pursuant to rule 6.10, be recalled for immediate consideration
by the House.
A roll call was requested and properly seconded.
POINT
OF ORDER
Entenza raised a point of order pursuant to rule 6.10 relating
to the Committee on Ethics. The Speaker
ruled the point of order not well taken.
Entenza appealed the decision of the Speaker.
A roll call was requested and properly seconded.
LAY ON
THE TABLE
Seifert moved to lay the Entenza appeal of the decision of the
Speaker on the table.
A roll call was requested and properly seconded.
The question was taken on the Seifert motion and the roll was
called.
Pursuant to rule 2.05, the Speaker excused Davids from voting
on the Seifert motion.
There were 77 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sieben
Slawik
Solberg
Thao
Wagenius
Walker
Wasiluk
The motion prevailed and the appeal of the decision of the
Speaker was laid on the table.
Lindgren and Zellers were excused for the remainder of today's
session.
CALL
OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, J.
Atkins
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Howes
Huntley
Jacobson
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Wilkin
Spk. Sviggum
Paulsen 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.
Lesch and Hausman withdrew the complaint relating to
Representative Gregory Davids of District 31B which had been referred by the
Speaker to the Committee on Ethics.
CALL
OF THE HOUSE LIFTED
Paulsen moved that the call of the House be suspended. The motion prevailed and it was so ordered.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 11:30 a.m., Saturday, May 15, 2004.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 11:30 a.m., Saturday, May 15, 2004.
Edward
A. Burdick,
Chief Clerk, House of Representatives