STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
EIGHTH DAY
Saint Paul, Minnesota, Tuesday, January 28,
2003
The House of Representatives convened at 2:30 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Sister Mary Benita, Holy Cross 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:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
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
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Ozment
Paulsen
Paymar
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.
Meslow and Murphy were excused.
Pelowski was excused until 3:10 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Borrell moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The following House Files were introduced:
Abeler, Paymar, Huntley, Bradley and Boudreau introduced:
H. F. No. 212, A bill for an act relating to professions;
extending the expiration date of the acupuncture, respiratory care
practitioner, licensed traditional midwifery, and health professionals services
program advisory committees; amending Minnesota Statutes 2002, sections 147B.05,
subdivision 2; 147C.35, subdivision 2; 147D.25, subdivision 2; 214.32,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Blaine, Severson, Lieder, Ozment and Rukavina introduced:
H. F. No. 213, A bill for an act relating to local government;
providing reimbursement to fire departments for expenses incurred in
extinguishing certain motor vehicle fires; providing cities and towns authority
to collect unpaid bills for certain emergency services from nonresidents;
appropriating money; amending Minnesota Statutes 2002, sections 161.465;
366.011; 366.012.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Dempsey, Seagren, Hilty, Klinzing, Lindner, Sykora, Magnus,
Rhodes, Nornes and Soderstrom introduced:
H. F. No. 214, A bill for an act relating to crime prevention;
expanding the fourth-degree assault law; amending Minnesota Statutes 2002,
section 609.2231, subdivision 3.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Dempsey, Swenson, Strachan, Juhnke, Erickson and Nornes
introduced:
H. F. No. 215, A bill for an act relating to agriculture;
exempting Minnesota-produced wine from the prohibition on the sale, possession,
and consumption of liquor on the state fairgrounds; amending Minnesota Statutes
2002, section 37.21, subdivision 2.
The bill was read for the first time and referred to the
Committee on Agriculture Policy.
Davnie, Wagenius, Thissen and Clark introduced:
H. F. No. 216, A bill for an act relating to traffic
regulations; restricting authority of commissioner of transportation to
increase the speed limit on a portion of marked trunk highway 55 in Minneapolis.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Vandeveer; Lenczewski; Jacobson;
Penas; Johnson, J.; Klinzing; Samuelson; McNamara; Krinkie; Kielkucki and Walz
introduced:
H. F. No. 217, A bill for an act relating to state government;
providing four percent salary decreases for legislators and constitutional
officers until June 30, 2005.
The bill was read for the first time and referred to the
Committee on State Government Finance.
Ellison, Seagren, Greiling, Hornstein, Davnie, Mariani, Rhodes
and Urdahl introduced:
H. F. No. 218, A bill for an act relating to education;
providing for a pilot project for the independent review of parental
involvement programs; proposing coding for new law in Minnesota Statutes,
chapter 124D.
The bill was read for the first time and referred to the
Committee on Education Policy.
Erickson introduced:
H. F. No. 219, A bill for an act relating to education;
encouraging retired teachers to serve as short-call substitute teachers;
amending Minnesota Statutes 2002, section 122A.18, subdivision 7a.
The bill was read for the first time and referred to the
Committee on Education Policy.
Erickson introduced:
H. F. No. 220, A bill for an act relating to state government;
designating English as the official language; proposing coding for new law in
Minnesota Statutes, chapter 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Erickson introduced:
H. F. No. 221, A bill for an act relating to education finance;
lowering the actual maximum effort capital loan tax rate for existing loans;
making technical corrections to adjust the stated maximum effort capital loan
tax rates to match the actual rates; amending Minnesota Statutes 2002, sections
126C.63, subdivision 8, by adding a subdivision; 126C.69, subdivisions 2 and 9.
The bill was read for the first time and referred to the
Committee on Education Finance.
Biernat, Greiling and Sviggum introduced:
H. F. No. 222, A bill for an act relating to lobbyists;
prohibiting former legislators, constitutional officers, agency heads, and
certain legislative employees from lobbying for legislative or administrative
action for one year after leaving office; proposing coding for new law in
Minnesota Statutes, chapter 10A.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Clark, Huntley, Abeler, Walker,
Paymar, Goodwin and Mullery introduced:
H. F. No. 223, A bill for an act relating to health; allowing
application for designation as an essential community provider; amending
Minnesota Statutes 2002, section 62Q.19, subdivision 2.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Howes, Marquart, Urdahl, Stang and Juhnke introduced:
H. F. No. 224, A bill for an act relating to capital
improvements; authorizing state bonds; appropriating money for the wastewater
infrastructure program.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Murphy, Huntley, Jaros, Hilty, Lanning and Marquart introduced:
H. F. No. 225, A bill for an act relating to capital
investments; providing funding for dental clinics at Lake Superior Community
College and Northwest Technical College; appropriating money.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Murphy, Huntley, Jaros and Hilty introduced:
H. F. No. 226, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
design of an addition to house student services, smart classrooms, and open
labs at Lake Superior community and technical college.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Ellison; Thao; Hornstein; Mariani; Nelson, M., and Walker
introduced:
H. F. No. 227, A bill for an act relating to elections; voter
eligibility; restoring eligibility to vote to certain convicted felons who are
not incarcerated; amending Minnesota Statutes 2002, sections 201.014,
subdivision 2; 242.31, subdivision 1; 609.165, subdivisions 1, 1a, 1b.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
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.
Demmer was excused for the remainder
of today's session.
MESSAGES FROM THE SENATE
The following message was received from 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. 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; 16E.07, subdivision 9; 115A.908,
subdivision 2; 116P.05, subdivision 2; 119B.011, by adding a subdivision;
119B.09, subdivisions 1, 2; 119B.12, subdivision 2; 124D.135, subdivision 8;
124D.16, subdivision 6; 124D.20, by adding subdivisions; 124D.52, subdivision
1; 124D.531, subdivisions 1, 5; 136F.77, subdivision 3; 252.27, subdivision 2a;
256.9657, subdivision 1; 256.969, subdivision 3a; 256B.056, subdivisions 1a, 4;
256B.057, subdivision 2; 256B.06, subdivisions 4, 5; 256B.0625, subdivision 13,
by adding a subdivision; 256B.0635, subdivisions 1, 2; 256B.19, subdivision 1d;
256B.195, subdivision 4; 256B.32, subdivision 1; 256B.431, subdivision 23, by
adding a subdivision; 256B.75; 256J.08, subdivision 85; 256J.11, subdivision 1;
256J.48, subdivision 1; 256J.52, subdivision 2; 256J.53, subdivision 1;
256L.07, subdivision 1; 256L.17, subdivision 2; 268.186; 289A.56, subdivision
4; 297A.75, subdivision 4; 297F.10, subdivision 1; 299A.42; 299A.44,
subdivision 1; 299A.465, subdivisions 1, 4; Laws 1997, chapter 203, article 9,
section 21, as amended; Laws 2001, First Special Session chapter 3, article 1,
section 17, subdivision 11, as amended; Laws 2001, First Special Session
chapter 8, article 4, section 11, as amended; Laws 2001, First Special Session
chapter 9, article 2, section 31; Laws 2002, chapter 220, article 13, section
9, subdivision 2, as amended; repealing Minnesota Statutes 2002, sections
16B.50; 16C.07; 43A.047; 241.41; 241.42; 241.43; 241.44; 241.441; 241.45;
256.973; 256B.056, subdivisions 1c, 3c; 256B.195, subdivision 5; 256D.053;
256J.11, subdivisions 2, 3; Laws 1999, chapter 205, article 1, section 63.
Patrick E. Flahaven, Secretary of the Senate
MOTION
TO CONCUR
Solberg moved that the House concur in the Senate amendments to
H. F. No. 74 and that the bill be repassed as amended by the
Senate.
A roll call was requested and properly seconded.
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
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Dempsey
Dill
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
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
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
Abrams moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
The question recurred on the Solberg motion and the roll was
called.
Pursuant to rule 2.05, the Speaker excused Eken from voting on
the Solberg motion relating to H. F. No. 74.
Abrams moved that those not voting be excused from voting. The motion prevailed.
There were 46 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Latz
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Nelson, M.
Otremba
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those
who voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Kielkucki
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Larson
Lenczewski
Lindgren
Lindner
Lipman
Magnus
McNamara
Nelson, C.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Ozment
Paulsen
Paymar
Penas
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Spk. Sviggum
The motion did not prevail.
Knoblach moved that the House refuse to concur in the Senate
amendments to H. F. No. 74, that the Speaker appoint a
Conference Committee of 5 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses.
A roll call was requested and properly seconded.
The question was taken on the Knoblach motion and the roll was
called.
Pursuant to rule 2.05, the Speaker excused Eken from voting on
the Knoblach motion relating to H. F. No. 74.
Abrams moved that those not voting be excused from voting. The motion prevailed.
There were 77 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Kielkucki
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Nelson, C.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Penas
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those
who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
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
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
The motion prevailed.
MOTIONS AND RESOLUTIONS
Rukavina moved that the name of Sieben be added as an author on
H. F. No. 102. The
motion prevailed.
Carlson moved that the name of Davnie be added as an author on
H. F. No. 127. The
motion prevailed.
Greiling moved that the name of Davnie be added as an author on
H. F. No. 128. The
motion prevailed.
Greiling moved that the name of Davnie be added as an author on
H. F. No. 133. The
motion prevailed.
Smith moved that the name of Wilkin be added as an author on
H. F. No. 158. The
motion prevailed.
Seifert moved that the name of Wilkin be added as an author on
H. F. No. 162. The
motion prevailed.
Sykora moved that the name of Erickson be added as an author on
H. F. No. 168. The
motion prevailed.
Olsen, S., moved that the name of Dorman be added as an author
on H. F. No. 184. The
motion prevailed.
Juhnke moved that the name of Peterson be added as an author on
H. F. No. 190. The
motion prevailed.
Dill moved that his name be stricken as an author on
H. F. No. 192. The
motion prevailed.
Erickson moved that the name of Vandeveer be added as an author
on H. F. No. 193. The
motion prevailed.
Marquart moved that the name of Penas be added as an author on
H. F. No. 197. The
motion prevailed.
Marquart moved that the name of Lenczewski be added as an
author on H. F. No. 198.
The motion prevailed.
Anderson, I., moved that the names of Bradley and Nelson, C.,
be added as authors on H. F. No. 199. The motion prevailed.
Olsen, S., moved that the name of Tingelstad be added as an
author on H. F. No. 202.
The motion prevailed.
Seagren moved that the names of Beard; Johnson, J., and Cox be
added as authors on H. F. No. 206. The motion prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 74:
Knoblach,
Bradley, Kuisle, Ozment and Lenczewski.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Wednesday, January 29, 2003.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:00 noon, Wednesday, January 29, 2003.
Edward
A. Burdick,
Chief Clerk, House of Representatives