Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 153

 

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.


Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 154

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.


Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 155

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.


Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 156

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.


Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 157

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.


Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 158

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


 


Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 159

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


 


Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 160

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.



Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 154

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

 



Journal of the House - 8th Day - Tuesday, January 28, 2003 - Top of Page 155