STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
TENTH DAY
Saint Paul, Minnesota, Thursday, January 30,
2003
The House of Representatives convened at 3:00 p.m. and was
called to order by Rich Stanek, Speaker pro tempore.
Prayer was offered by Pastor Tim Nelson, Living Waters Lutheran
Church, Lino Lakes, 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
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
Meslow
Mullery
Murphy
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
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Spk. Sviggum
A quorum was present.
Biernat was excused.
Swenson was excused until 4:15 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Anderson, J., moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
The
Speaker assumed the Chair.
REPORTS OF STANDING COMMITTEES
Smith from the Committee on Civil Law to which was referred:
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.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 75 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Paulsen; Pelowski; Tingelstad; Rhodes; Lenczewski; Johnson, J.;
Kohls; Hoppe; Adolphson; Olsen, S.; Magnus; Jacobson; Westerberg; Vandeveer;
Abeler; Erickson; Soderstrom; Kielkucki; Borrell; Boudreau; Sviggum; Gerlach;
Wardlow; Klinzing; Abrams and Larson introduced:
H. F. No. 250, A bill for an act proposing an amendment to the
Minnesota Constitution; adding a section to article IV to provide for
initiative and referendum; providing procedures for initiative and referendum;
providing penalties; amending Minnesota Statutes 2002, sections 204C.33,
subdivisions 1, 3; 204D.11, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 3B.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Beard, Severson, Lieder, Borrell, Osterman, Juhnke, Knoblach,
Brod, Cox, Atkins, Samuelson, Adolphson and Dill introduced:
H. F. No. 251, A bill for an act relating to state government;
regulating the state airports fund; providing for the restoration of any money
that may be transferred.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Larson, Thissen, Pugh, Wilkin and
Lenczewski introduced:
H. F. No. 252, A bill for an act relating to the metropolitan
airports commission; adding mayors to the commissioner membership; amending
Minnesota Statutes 2002, sections 473.604, subdivision 1; 473.605, subdivision
2; 473.622; repealing Minnesota Statutes 2002, section 473.601, subdivisions 3,
6.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Johnson, J.; Osterman; Smith and Abrams introduced:
H. F. No. 253, A bill for an act relating to retirement;
Plymouth volunteer firefighter's relief association; making various ancillary
benefits subject to general law; amending Laws 1978, chapter 685, sections 1,
as amended, 2, 3, 6; repealing Laws 1978, chapter 685, section 5.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Abrams, Davids, Kelliher, Solberg and Rhodes introduced:
H. F. No. 254, A bill for an act relating to capital
improvements; appropriating money to construct a new Guthrie Theater;
authorizing the sale of state bonds.
The bill was read for the first time and referred to the Committee
on Jobs and Economic Development Finance.
Dill, Murphy, Howes, Hackbarth, Simpson, Hoppe, Cornish, Penas,
McNamara, Koenen, Peterson and Nelson, M., introduced:
H. F. No. 255, A bill for an act relating to natural resources;
appropriating money to acquire snowmobile trail easements.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Beard, Lanning, Samuelson, Simpson, Marquart and Holberg
introduced:
H. F. No. 256, A bill for an act relating to taxation; sales
and use; exempting sales to political subdivisions of a state; amending
Minnesota Statutes 2002, section 297A.70, subdivisions 1, 2, 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Cox, Ozment, Sviggum, Clark, Wagenius,
Heidgerken, Ruth, Erhardt, Hausman, McNamara, Tingelstad, Eastlund and Urdahl
introduced:
H. F. No. 257, A bill for an act relating to water; restricting
the use of phosphorus in dishwashers and detergents; amending Minnesota
Statutes 2002, section 116.23.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Dorman, Kelliher, Ozment, Davids, Harder, Mahoney, Juhnke,
Wagenius, Urdahl, Paulsen, Swenson and Brod introduced:
H. F. No. 258, A bill for an act relating to agriculture;
prohibiting registration of certain fertilizers; amending Minnesota Statutes
2002, section 18C.401, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Agriculture Policy.
Kuisle, Seagren, Holberg and Lieder introduced:
H. F. No. 259, A bill for an act relating to drivers' licenses;
removing sunset provisions to allow certain school buses to continue to be
operated by licensed child care providers and by holders of Class D drivers'
licenses under limited conditions; amending Laws 2001, chapter 97, section 5.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Klinzing, Slawik and Lipman introduced:
H. F. No. 260, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
the interchange project for highway I-94 at Century Avenue and McKnight Road in
Ramsey county.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Boudreau; Smith; Holberg; Sviggum; Rukavina; Walz; Borrell;
Severson; Dill; Urdahl; Ruth; Solberg; Demmer; Hackbarth; Olsen, S.; Gunther;
Cornish; Magnus; Adolphson and Abeler introduced:
H. F. No. 261, A bill for an act relating to public safety;
enacting the Minnesota Citizens' Personal Protection Act of 2003; recognizing
the inherent right of law-abiding citizens to self-protection through the
lawful use of self-defense; providing a system under which responsible,
competent adults can exercise their right to self-protection by authorizing
them to obtain a permit to carry a pistol; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2002, sections 609.66,
subdivision 1d; 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 624;
repealing Minnesota Statutes 2002, section 624.714, subdivisions 1, 5.
The bill was read for the first time and referred to the
Committee on Civil Law.
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 bill to be
placed on the Calendar for the Day, for Thursday, January 30, 2003:
H. F. No. 1.
CALENDAR FOR THE DAY
H. F. No. 1 was reported to the House.
Thissen moved to amend H. F. No. 1, the first engrossment, as
follows:
Page 4, line 16, delete everything after "card"
and insert ". The expiration
data on the driver's license, permit, or identification card shall
coincide with the expiration date of the lawful admission period on the
federal primary document presented."
Page 4, delete lines 17 to 18 and 23 to 26
Page 4, line 29, delete "status check" and
insert "expiration"
Page 5, line 2, delete "a status check" and
insert "an expiration"
Page 5, delete lines 6 to 12
Page 9, delete lines 33 to 36
Page 10, delete lines 1 to 36
Page 11, delete lines 1 to 6
Page 11, line 11, after "applies" insert
"pursuant to section 171.025, subdivision 11,"
Page 11, line 12, delete "status check" and
insert "expiration"
Page 11, line 14, delete "status check" and
insert "expiration" and delete "expires"
Page 11, line 17, delete "status
check" and insert "expiration"
Page 11, line 18, after "card" insert "issued
pursuant to section 171.025, subdivision 9(a)"
Page 11, delete lines 22 to 24
Page 11, after line 30, insert:
"Sec. 9. Minnesota
Statutes 2002, section 171.27, is amended to read:
171.27 [EXPIRATION OF LICENSE.]
Except as provided in section 171.025, the expiration
date for each driver's license, other than under-21 licenses, is the birthday
of the driver in the fourth year following the date of issuance of the
license. The birthday of the driver
shall be as indicated on the application for a driver's license. A license may be renewed on or before
expiration or within one year after expiration upon application, payment of the
required fee, and passing the examination required of all drivers for renewal.
Driving privileges shall be extended or renewed on or preceding the expiration
date of an existing driver's license unless the commissioner believes that the
licensee is no longer qualified as a driver.
The expiration date for each under-21 license shall be the 21st
birthday of the licensee. Upon the
licensee attaining the age of 21 and upon the application, payment of the
required fee, and passing the examination required of all drivers for renewal, a
driver's license shall be issued unless the commissioner determines that the
licensee is no longer qualified as a driver.
The expiration date for each provisional license is two years
after the date of application for the provisional license.
Any valid Minnesota driver's license issued to a person then or
subsequently on active duty with the Armed Forces of the United States, or the
person's spouse, shall continue in full force and effect without requirement
for renewal until 90 days after the date of the person's discharge from such
service, provided that a spouse's license must be renewed if the spouse is
residing within the state at the time the license expires or within 90 days
after the spouse returns to Minnesota and resides within the state."
Renumber the subdivisions and sections in sequence
Correct internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Thissen
amendment and the roll was called.
There were 43 yeas and 87 nays as follows:
Those who voted in the affirmative were:
Anderson,
I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dorn
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Latz
Lesch
Lieder
Mahoney
Mariani
Mullery
Murphy
Nelson,
M.
Otremba
Paymar
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
Demmer
Dempsey
Dorman
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson,
J.
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Nelson,
C.
Nelson,
P.
Nornes
Olsen,
S.
Olson,
M.
Opatz
Osterman
Ozment
Paulsen
Pelowski
Penas
Peterson
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stanek
Stang
Strachan
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Spk.
Sviggum
The motion did not prevail and the
amendment was not adopted.
Stanek moved to amend H. F. No. 1, the first engrossment, as
follows:
Page 4, lines 32 and 35, delete "Justice" and
insert "Homeland Security"
Page 9, lines 28 and 31, delete "Justice" and
insert "Homeland Security"
Page 10, line 19, delete "Justice" and insert
"Homeland Security"
The motion prevailed and the amendment was
adopted.
H. F. No. 1, as amended, was read for the
third time.
There being no objection, the action
whereby H. F. No. 1, as amended, was given its third reading was reconsidered.
The Speaker called Abrams to the Chair.
Rukavina and Stanek moved to amend H. F. No. 1, the first
engrossment, as amended, as follows:
Page 11, lines 28 to 30, reinstate the stricken language
Page 11, line 28, after the reinstated "clause"
insert "(4)," and after the reinstated "(7)" insert
a comma
The motion prevailed and the amendment was
adopted.
The Speaker resumed the Chair.
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
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
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
Meslow
Mullery
Murphy
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
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.
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.
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 106 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson,
B.
Anderson,
I.
Anderson,
J.
Atkins
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hilstrom
Holberg
Hoppe
Howes
Huntley
Jacobson
Johnson,
J.
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Mullery
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Ozment
Paulsen
Pelowski
Penas
Peterson
Pugh
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stanek
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Clark
Davnie
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilty
Hornstein
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Lesch
Mahoney
Mariani
Murphy
Paymar
Rukavina
Sertich
Thao
Thissen
Wagenius
Walker
The bill was passed, as amended, and its
title agreed to.
MOTIONS AND RESOLUTIONS
Stanek moved that the name of Abeler be added as an author on
H. F. No. 114. The
motion prevailed.
Goodwin moved that the name of Abeler be added as an author on
H. F. No. 116. The
motion prevailed.
Olsen, S., moved that the name of Abeler be added as an author
on H. F. No. 120. The
motion prevailed.
Carlson moved that the name of Abeler be added as an author on
H. F. No. 127. The
motion prevailed.
Seifert moved that the name of Samuelson be added as an author
on H. F. No. 162. The
motion prevailed.
Haas moved that the names of Abeler and Nornes be added as
authors on H. F. No. 164.
The motion prevailed.
Marquart moved that the name of Larson be added as an author on
H. F. No. 198. The
motion prevailed.
Rhodes moved that the names of Thissen, Otremba and Cox be
added as authors on H. F. No. 232. The motion prevailed.
Carlson moved that the name of Cox be added as an author on
H. F. No. 233. The
motion prevailed.
Nelson, C., moved that the names of Samuelson; Thissen;
Anderson, J.; Wardlow; Larson and DeLaForest be added as authors on
H. F. No. 247. The
motion prevailed.
Paulsen
offered the following resolution and moved its adoption:
Resolved, that the Chief Clerk be directed to invite the
Governor by message to address a Joint Convention of the House of
Representatives and the Senate to be held in the House Chamber on Tuesday,
February 4, 2003, and that the Chief Clerk also be instructed to invite the
Senate by message. The Joint Convention
shall convene at 11:45 a.m., and the address by the Governor shall be delivered
at 12:00 noon.
The
motion prevailed and the resolution was adopted.
Paulsen
offered the following resolution and moved its adoption:
Resolved, that the Speaker be directed to appoint a
committee of five members on the part of the House of Representatives to act
with a similar committee on the part of the Senate to escort the Governor to
the Joint Convention to be held in the House Chamber on Tuesday, February 4,
2003. The Joint Convention shall
convene at 11:45 a.m., and the address by the Governor shall be delivered at
12:00 noon.
The
motion prevailed and the resolution was adopted.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to the committee to escort the Governor to the House Chamber on
Tuesday, February 4, 2003:
Wilkin,
Hackbarth, Soderstrom, Lindgren and Clark.
ADJOURNMENT
Paulsen moved that when the House adjourns
today it adjourn until 3:00 p.m., Monday, February 3, 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., Monday, February 3, 2003.
Edward A. Burdick, Chief Clerk, House of
Representatives