STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
FOURTH DAY
Saint Paul, Minnesota, Thursday, January 16,
2003
The House of Representatives convened at 3:00 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Rabbi Nacham Wilhelm, Lubavitch Yeshiva,
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:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Holsten
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stanek
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Spk. Sviggum
A quorum was present.
Clark; Erhardt; Johnson, J.; Latz; Lipman and Olson, M., were
excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Severson moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS OF STANDING COMMITTEES
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 1, A bill for an act relating to public safety;
regulating information on drivers' licenses, permits, and identification cards,
and applications for them; adopting certain federal laws and regulations;
making technical and clarifying changes; amending Minnesota Statutes 2002,
sections 171.06, subdivision 3; 171.07, subdivisions 1, 3; 171.14; 171.22,
subdivision 2; 609.531, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 171.
Reported the same back with the following amendments:
Page 2, line 18, delete everything after the second comma
Page 2, line 19, delete "or town"
Page 2, line 22, delete everything after the period
Page 2, delete lines 23 to 26
Page 3, line 15, after "residency" insert
"in the United States"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Governmental Operations and Veterans Affairs
Policy.
The report was adopted.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Knoblach introduced:
H. F. No. 74, A bill for an act relating to state government;
appropriating money and reducing appropriations for educational, health, human
services, corrections, economic development, transportation, public safety,
environmental, natural resources, agricultural, and state government purposes;
establishing and modifying certain programs; providing for regulation of
certain activities and practices; providing for accounts, assessments, and
fees; providing for the payment of certain refunds; amending Minnesota Statutes
2002, sections 16A.17, by adding a subdivision; 16B.47; 16B.48, subdivision 2;
16B.49; 16C.08, subdivisions 2, 3; 16C.09; 116P.05, subdivision 2; 116P.09,
subdivisions 4, 5, 7; 116P.10; 116P.14, subdivision 2; 124D.135, subdivision 8;
124D.16, subdivision 6; 124D.20, by adding subdivisions; 136A.121, subdivision
7; 256.9657, subdivision 1; 256.969, subdivision 3a; 256B.0625, subdivision 13;
256B.19, subdivision 1d; 256B.195, subdivision 4; 256B.32, subdivision 1;
256B.431, subdivision 23, by adding a subdivision; 256B.75; 268.186; 289A.50,
subdivision 2a; 289A.56, subdivision 4; 297A.75, subdivisions 2, 4; 297F.10,
subdivision 1; Laws 2002, chapter 220, article 13, section 9, subdivision 2, as
amended; repealing Minnesota Statutes 2002, sections 1.31; 16B.50; 16C.07;
43A.047; 115A.908, subdivision 2; 116P.13; 256.973; 256B.195, subdivision 5.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Johnson,
J.; Sviggum; Opatz; Kohls; Lenczewski; Paulsen; Lipman; Beard; Finstad;
Seifert; Kielkucki; Ruth; Jacobson; Nelson, C.; DeLaForest; Swenson; Holberg;
Krinkie; Sykora; Buesgens; Wardlow; Urdahl; Lindgren; Cornish; Meslow; Demmer;
Adolphson; Klinzing; Gerlach; Nelson, P.; Strachan; Heidgerken; Borrell;
Bradley and Wilkin introduced:
H. F. No. 75, A bill for an act relating to civil action;
regulating the apportionment of joint and several liability; amending Minnesota
Statutes 2002, section 604.02, subdivision 1.
The bill was read for the first time and referred to the
Committee on Civil Law.
Davids and Larson introduced:
H. F. No. 76, A bill for an act relating to insurance;
prohibiting credit scoring for automobile and homeowner's insurance; amending
Minnesota Statutes 2002, section 72A.20, subdivision 36.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Opatz, Stang and Dorn introduced:
H. F. No. 77, A bill for an act relating to higher education;
changing requirements for tuition reciprocity; amending Minnesota Statutes
2002, section 136A.08, subdivision 2.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Kahn and Walker introduced:
H. F. No. 78, A bill for an act relating to alcoholic beverage
excise taxation; providing a separate excise tax for dairy mixed cocktails;
amending Minnesota Statutes 2002, sections 297G.01, by adding a subdivision;
297G.03, subdivision 1.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Stang introduced:
H. F. No. 79, A bill for an act relating to highways; directing
commissioner of transportation to install traffic control signal in city of
Cold Spring; appropriating money.
The bill was read for the first time and referred to the Committee
on Transportation Finance.
Stang introduced:
H. F. No. 80, A bill for an act relating to agriculture;
exempting certain farm labor housing from regulation as manufactured home park;
amending Minnesota Statutes 2002, section 327.23, subdivision 2.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Jacobson,
Vandeveer and Meslow introduced:
H. F. No. 81, A bill for an act relating to highways; directing
the commissioner of transportation to proceed with reconstruction of I-35E and
I-694 interchange.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Abeler, Penas, Carlson, Greiling and Olsen, S., introduced:
H. F. No. 82, A bill for an act relating to education finance;
making the levy for career and technical programs permanent; amending Minnesota
Statutes 2002, section 126C.457.
The bill was read for the first time and referred to the
Committee on Education Finance.
Buesgens, Sviggum and Eastlund introduced:
H. F. No. 83, A bill for an act relating to local government;
prohibiting local governments from hiring lobbyists; proposing coding for new
law in Minnesota Statutes, chapter 465.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Opatz introduced:
H. F. No. 84, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other public improvements of a capital nature with certain
conditions; authorizing sale of state bonds; appropriating money.
The bill was read for the first time and referred to the
Committee on Capital Investment.
Opatz introduced:
H. F. No. 85, A bill for an act relating to capital
improvements; appropriating money for a facility at St. Cloud State University.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Marquart introduced:
H. F. No. 86, A bill for an act relating to health;
establishing the senior citizen health benefit fund; modifying
the use of funds in the medical education endowment and the tobacco
prevention and local public health endowment; expanding eligibility for the
prescription drug program; requiring recommendations for providing prescription
drug assistance to senior citizens; appropriating money; amending Minnesota
Statutes 2002, sections 62J.694, subdivision 2; 144.395, subdivision 2;
256.955, subdivision 2a; proposing coding for new law in Minnesota Statutes,
chapter 16A.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Howes, Pelowski, Lieder and Davids
introduced:
H. F. No. 87, A bill for an act relating to highways; holding
owner and operator of overweight implement of husbandry liable for damage to
roads and bridges; amending Minnesota Statutes 2002, section 169.801, by adding
a subdivision.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Solberg; Rukavina; Huntley; Anderson, I., and Marquart
introduced:
H. F. No. 88, A bill for an act relating to higher education;
restoring funds to the post-secondary work study and child care grant programs;
appropriating money.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Rukavina and Anderson, I., introduced:
H. F. No. 89, A bill for an act relating to capital
improvements; providing for science laboratories and other facilities at the
Northeast Higher Education District-Virginia; appropriating money.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Rukavina, Mahoney and Sertich introduced:
H. F. No. 90, A bill for an act relating to unemployment
insurance; modifying deductibility of pensions; amending Minnesota Statutes
2002, section 268.085, subdivisions 3, 4.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Rukavina, Smith and Sertich introduced:
H. F. No. 91, A bill for an act relating to retirement;
providing benefit increases for retired Eveleth police officers and
firefighters and their surviving spouses.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Hausman, Greiling and Slawik introduced:
H. F. No. 92, A bill for an act relating to elections; making
it easier to vote by absentee ballot; prohibiting certain activities; providing
for rules; providing for delivery of official supplemental ballots to voters on
request; amending Minnesota Statutes 2002, sections 203B.02; subdivision 1;
203B.04, subdivisions 1, 4; 203B.06, subdivision 3; 203B.07, subdivision 2;
204B.41; proposing coding for new law in Minnesota Statutes, chapter 203B.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Lesch; Paymar; Mariani; Johnson,
S., and Hausman introduced:
H. F. No. 93, A bill for an act relating to the city of St.
Paul; making technical changes to the civic center authority powers and duties;
amending Laws 1967, chapter 459, section 8, subdivisions 1, 3, 4, as amended.
The bill was read for the first time and referred to the Committee
on Local Government and Metropolitan Affairs.
Seifert and Pelowski introduced:
H. F. No. 94, A bill for an act relating to the state
agricultural society; eliminating a prohibition on circuses around state fair
time; repealing Minnesota Statutes 2002, section 37.26.
The bill was read for the first time and referred to the
Committee on Agriculture Policy.
Seifert and Pelowski introduced:
H. F. No. 95, A bill for an act relating to commerce;
eliminating an archaic prohibition on misrepresenting the size of certain
items; repealing Minnesota Statutes 2002, section 325F.38.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Stanek; Strachan; Meslow; Murphy; Cornish; Smith; Walz; Lipman;
Blaine; Hilstrom; Johnson, S.; Hilty; Ellison and Eastlund introduced:
H. F. No. 96, A bill for an act relating to law enforcement;
modifying the policy for reimbursing public employers for certain officer and
firefighter health insurance benefits; requiring the commissioner of public
safety to reimburse certain claims from other available funds; amending
Minnesota Statutes 2002, sections 299A.42; 299A.465, subdivision 4.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Stanek; Bernardy; Meslow; Rhodes; Entenza; Strachan; Murphy;
Johnson, S.; Hilstrom; Hilty; Thao; Ellison and Cox introduced:
H. F. No. 97, A bill for an act relating to crimes; reducing
from 0.10 to 0.08 the per se alcohol concentration level for impairment
offenses involving driving a motor vehicle, criminal vehicular homicide and
injury, operating recreational vehicles or watercraft, hunting, or operating
military vehicles while impaired; amending Minnesota Statutes 2002, sections
97B.065, subdivision 1; 97B.066, subdivision 1; 169A.20, subdivision 1;
169A.51, subdivision 1; 169A.52, subdivisions 2, 4, 7; 169A.53, subdivision 3;
169A.54, subdivision 7; 169A.76; 192A.555; 609.21.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Opatz introduced:
H. F. No. 98, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
the St. Cloud Civic Center.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Opatz introduced:
H. F. No. 99, A bill for an act relating to education;
requiring projections of high school graduates; amending Minnesota Statutes
2002, section 127A.05, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Education Policy.
Hausman, Marquart, Kelliher, Lieder, Entenza, Juhnke, Solberg
and Sertich introduced:
H. F. No. 100, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other public improvements of a capital nature with certain
conditions; requiring certain studies and reports; authorizing sale of state
bonds; appropriating money.
The bill was read for the first time and referred to the
Committee on Capital Investment.
Mariani, Hausman and Entenza introduced:
H. F. No. 101, A bill for an act relating to capital
improvements; authorizing state bonds; appropriating money for the Paul and
Sheila Wellstone center for community building.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Rukavina, Clark, Mullery, Mahoney, Entenza, Juhnke and Sertich
introduced:
H. F. No. 102, A bill for an act relating to employment;
increasing the minimum wage; amending Minnesota Statutes 2002, section 177.24,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Larson, Murphy, Rukavina, Opatz, Entenza, Mullery and Sertich
introduced:
H. F. No. 103, A bill for an act relating to unemployment
insurance; providing for a benefit extension.
The bill was read for the first time and referred to the Committee
on Commerce, Jobs and Economic Development.
Juhnke introduced:
H. F. No. 104, A bill for an act relating to motor vehicles;
providing tax exemptions for emergency medical service vehicles; amending
Minnesota Statutes 2002, sections 168.012, subdivision 1; 297B.03.
The bill was read for the first time and referred to the
Committee on Taxes.
Paymar introduced:
H. F. No. 105, A bill for an act relating to health
occupations; requiring the commissioner of health to license denturists;
permitting the practice of denturism in this state; establishing licensure and
examination requirements; establishing a denture technology advisory council;
creating fees; authorizing rulemaking; providing a penalty; amending Minnesota
Statutes 2002, sections 116J.70, subdivision 2a; 144.335, subdivision 1;
150A.05, subdivision 2; 319B.40; proposing coding for new law as Minnesota
Statutes, chapter 150B.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Wilkin and Smith introduced:
H. F. No. 106, A bill for an act relating to state government;
making permanent the requirement that certain litigation and settlement
proceeds be deposited in the general fund; repealing Minnesota Statutes 2002,
section 16A.151, subdivision 5.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn and Thao introduced:
H. F. No. 107, A bill for an act relating to marriage;
eliminating the prohibition on marriage between first cousins; amending
Minnesota Statutes 2002, section 517.03, subdivision 1.
The bill was read for the first time and referred to the
Committee on Civil Law.
Opatz, Sviggum, Lenczewski and Marquart introduced:
H. F. No. 108, A bill for an act relating to civil action;
regulating the apportionment of joint and several liability; amending Minnesota
Statutes 2002, section 604.02, subdivision 1.
The bill was read for the first time and referred to the
Committee on Civil Law.
MOTIONS AND
RESOLUTIONS
Magnus moved that the names of Marquart and Erickson be added
as authors on H. F. No. 3.
The motion prevailed.
Bradley moved that the name of Penas be added as an author on
H. F. No. 5. The motion
prevailed.
Anderson,
B., moved that the names of Dempsey; Nelson, P.; Tingelstad; DeLaForest and
Hoppe be added as authors on H. F. No. 6. The motion prevailed.
Seifert moved that the names of Lipman; Anderson, B., and
Olsen, S., be added as authors on H. F. No. 8. The motion prevailed.
Mullery moved that the names of Clark and Ellison be added as
authors on H. F. No. 13.
The motion prevailed.
Kuisle moved that the names of Brod, Finstad, Westerberg and
Vandeveer be added as authors on H. F. No. 18. The motion prevailed.
Mullery moved that the name of Clark be added as an author on
H. F. No. 19. The motion
prevailed.
Mullery moved that the name of Clark be added as an author on
H. F. No. 20. The motion
prevailed.
Mullery moved that the name of Clark be added as an author on
H. F. No. 25. The motion
prevailed.
Anderson, I., moved that the names of Dill and Juhnke be added
as authors on H. F. No. 27.
The motion prevailed.
Mullery moved that the name of Clark be added as an author on
H. F. No. 28. The motion
prevailed.
Mullery moved that the name of Hilstrom be added as an author
on H. F. No. 33. The
motion prevailed.
Anderson, I., moved that the name of Dill be added as an author
on H. F. No. 35. The
motion prevailed.
Beard moved that the name of Anderson, B., be added as an
author on H. F. No. 37.
The motion prevailed.
Mullery moved that the name of Clark be added as an author on
H. F. No. 48. The motion
prevailed.
Davids moved that the names of Westerberg, Larson and Nornes be
added as authors on H. F. No. 51. The motion prevailed.
Davids moved that the names of Larson and Mahoney be added as
authors on H. F. No. 52.
The motion prevailed.
Slawik moved that the names of Hilstrom and Lesch be added as
authors on H. F. No. 54.
The motion prevailed.
Paymar moved that the names of Hilstrom and Lesch be added as
authors on H. F. No. 56.
The motion prevailed.
Seifert moved that the names of Erickson and Wilkin be added as
authors on H. F. No. 64.
The motion prevailed.
Kahn moved that the name of Sieben be added as an author on
H. F. No. 65. The motion
prevailed.
Kahn
moved that the names of Johnson, S.; Clark and Lesch be added as authors on
H. F. No. 66. The motion
prevailed.
Kahn moved that the name of Clark be added as an author on
H. F. No. 71. The motion
prevailed.
Knoblach introduced:
House Resolution No. 1, A House resolution setting the
requirements for adjustments to general fund expenditures for the biennium
ending June 30, 2003.
The resolution was referred to the Committee on Ways and Means.
Ellison, Walker, Mariani, Hornstein, Thao and Rhodes
introduced:
House Resolution No. 2, A House resolution commemorating the
life and work of Dr. Martin Luther King, Jr.
SUSPENSION
OF RULES
Ellison moved that the rules be so far suspended that House
Resolution No. 2 be now considered and be placed upon its adoption. The motion prevailed.
HOUSE
RESOLUTION NO. 2
A House resolution commemorating the life and work of Dr.
Martin Luther King, Jr.
Whereas, the birthday of Dr. Martin Luther King, Jr. is
January 15, 1929; and
Whereas, Dr. King accepted the mantle of leadership of
the Montgomery bus boycott of 1955 to desegregate public transportation by
leading a boycott which lasted over 381 days; and
Whereas, the Montgomery bus boycott inspired civil
rights activity all over the United States, including the state of Minnesota,
and this movement for civil and human rights has made our society freer, more
democratic, and more inclusive; and
Whereas, Dr. King's life was devoted to the elimination
of segregation and prejudice against all people; and
Whereas, achievements in human and civil rights were
accomplished through his personal efforts and his example to others; and
Whereas, he sought to fulfill his goals exclusively by
nonviolent means; and
Whereas, Dr. King's life was ended by assassination on
April 4, 1968, in Memphis, Tennessee, where he was leading an effort for more
just treatment of sanitation workers; and
Whereas,
the actions and efforts of Dr. Martin Luther King, Jr. have served as an
inspiration to many; Now, Therefore,
Be It Resolved by the House of Representatives of the
State of Minnesota that it honors the life and work of Dr. Martin Luther
King, Jr. and the Civil Rights movement.
Ellison moved that House
Resolution No. 2 be now adopted. The
motion prevailed and House Resolution No. 2 was adopted.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 3:00 p.m., Tuesday, January 21, 2003.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 3:00 p.m., Tuesday, January 21, 2003.
Edward
A. Burdick,
Chief Clerk, House of Representatives