Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7113

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2006

 

_____________________

 

NINETY-SIXTH DAY

 

Saint Paul, Minnesota, Wednesday, April 26, 2006

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.

 

      Prayer was offered by Nicole Woltman from Clear Lake, Minnesota, and a senior at Big Lake High School.

 

      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

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

      A quorum was present.

 

      Mariani was excused.

 

      The Speaker called Davids to the Chair.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Magnus 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 - 96th Day - Wednesday, April 26, 2006 - Top of Page 7114

REPORTS OF CHIEF CLERK

 

      S. F. No. 2735 and H. F. No. 3507, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Wilkin moved that the rules be so far suspended that S. F. No. 2735 be substituted for H. F. No. 3507 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3023 and H. F. No. 3391, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Beard moved that S. F. No. 3023 be substituted for H. F. No. 3391 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES

 

 

Krinkie from the Committee on Taxes to which was referred:

 

H. F. No. 4142, A bill for an act relating to taxation; providing a property tax rebate. 

 

Reported the same back with the following amendments:

 

Page 1, line 5, delete everything after "An"

 

Page 1, line 6, delete everything after "homestead"

 

Page 1, line 7, delete "2006"

 

Page 1, after line 16, insert:

 

"(d) "Owner" means the individual or trust that is the taxpayer of record for the homestead when the property tax statement was prepared for property taxes payable in 2006."

 

Page 1, line 17, delete "(d)" and insert "(e)"

 

Page 1, line 19, delete "29A.03," and insert "290A.03,"

 

Page 1, delete line 24

 

Page 2, line 1, delete "(4)" and insert "(3)"

 

Page 2, line 2, delete "(5)" and insert "(4)"

 

Page 2, line 12, delete ", Social Security numbers,"

 

Page 2, line 18, after "270C.64" insert ", and payment of the rebate is a refund of taxes under Minnesota Statutes, section 289A.50"


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7115

Page 2, delete lines 19 to 24

 

Page 2, delete subdivision 9

 

Renumber the subdivisions in sequence

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 2735 and 3023 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Seifert; Erickson; Wilkin; Finstad; Peppin; Emmer; Zellers; Blaine; Penas; Smith; Dean; Newman; Nelson, P.; Buesgens; Garofalo; Powell; Klinzing; DeLaForest; Holberg and Olson introduced:

 

      H. F. No. 4166, A bill for an act relating to higher education; establishing eligibility for financial aid; amending Minnesota Statutes 2005 Supplement, section 136A.121, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on Higher Education Finance.

 

 

      Abrams introduced:

 

      H. F. No. 4167, A bill for an act relating to taxation; making technical and minor policy changes related to calculation and administration of tax increment financing; modifying the procedures for issuing tax increment financing bonds; amending Minnesota Statutes 2004, sections 469.175, subdivision 4; 469.176, subdivision 1; 469.1763, subdivisions 3, 4; 469.1771, subdivision 2a; 475.58, subdivision 1; Minnesota Statutes 2005 Supplement, sections 469.175, subdivisions 2, 5; 469.1763, subdivision 6; 469.177, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Abrams introduced:

 

      H. F. No. 4168, A bill for an act relating to taxation; providing a personal property tax exemption and a sales tax exemption for construction materials used for an electric generating facility; amending Minnesota Statutes 2004, sections 272.02, by adding a subdivision; 297A.71, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Taxes.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7116

             Abrams introduced:

 

      H. F. No. 4169, A bill for an act relating to sales and excise taxes; repealing June accelerated payments; amending Minnesota Statutes 2005 Supplement, section 289A.20, subdivision 4; repealing Minnesota Statutes 2004, sections 289A.60, subdivision 15; 297F.09, subdivision 10; 297G.09, subdivision 9.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Abrams introduced:

 

      H. F. No. 4170, A bill for an act relating to taxes; income; providing an income tax credit for telecommuting equipment expenses; proposing coding for new law in Minnesota Statutes, chapter 290.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Hortman introduced:

 

      H. F. No. 4171, A bill for an act relating to transportation; imposing a highway user fee on gasoline and special fuel; creating accounts; authorizing issuance of $2,750,000,000 in state trunk highway bonds; appropriating money; amending Minnesota Statutes 2004, sections 161.04, by adding subdivisions; 296A.07, subdivision 4, by adding a subdivision; 296A.08, subdivision 3, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 161; 296A.

 

      The bill was read for the first time and referred to the Committee on Transportation Finance.

 

 

      Dittrich, Hornstein, Hausman, Wagenius and Hortman introduced:

 

      H. F. No. 4172, A bill for an act relating to environment; directing the governor to designate Minnesota Cleanup Day; providing a minimum fine for littering; amending Minnesota Statutes 2004, section 609.68; proposing coding for new law in Minnesota Statutes, chapter 115A.

 

      The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

 

 

      Walker was excused between the hours of 9:20 a.m. and 11:55 a.m.

 

 

      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 - 96th Day - Wednesday, April 26, 2006 - Top of Page 7117

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 Senate Files, herewith transmitted:

 

      S. F. Nos. 3199 and 2953.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 3199, A bill for an act relating to family law; changing certain child support and maintenance provisions; amending Minnesota Statutes 2004, sections 518.175, subdivision 1; 518.551, subdivision 6, by adding a subdivision; 518.5513, subdivision 3; Minnesota Statutes 2005 Supplement, section 518.005, subdivision 6;  Laws 2005, chapter 164, sections 4; 5; 8; 9; 10; 11; 14; 15; 16; 17, subdivision 1; 18; 20; 21; 22, subdivisions 2, 3, 4, 16, 17, 18; 23, subdivisions 1, 2; 24; 25; 26, subdivision 2, as amended; 31; 32; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2004, section 518.54, subdivision 6; Laws 2005, chapter 164, section 12.

 

The bill was read for the first time.

 

Smith moved that S. F. No. 3199 and H. F. No. 3585, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2953, A bill for an act relating to gambling; providing for breeders' fund distribution; making various clarifying, technical, and conforming changes to lawful gambling provisions; modifying expenditure restriction requirements; providing for conduct of certain pull-tab games; requiring a report; amending Minnesota Statutes 2004, sections 240.18, subdivision 3a; 349.12, subdivisions 4, 18, 21; 349.1635, subdivision 3; 349.168, subdivision 10; 349.17, subdivision 6; 349.19, subdivisions 2, 3; 349.211, subdivision 2a; Minnesota Statutes 2005 Supplement, sections 349.12, subdivisions 12a, 25; 349.15, subdivision 1; 349.151, subdivision 4c; 349.153; 349.16, subdivision 2; 349.162, subdivisions 4, 5; 349.1635, subdivision 4; 349.166, subdivisions 1, 2; 349.167, subdivision 1; 349.17, subdivisions 5, 7; 349.173; 349.18, subdivision 1; 349.213, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 349.

 

The bill was read for the first time.

 

Westerberg moved that S. F. No. 2953 and H. F. No. 3194, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7118

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 Wednesday, April 26, 2006:

 

      H. F. Nos. 2480 and 3194; S. F. No. 3213; H. F. Nos. 3079 and 3779; and S. F. No. 2646.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 2480 was reported to the House.

 

 

      Pursuant to House Rule 2.05, the Speaker excused Dittrich from voting on H. F. No. 2480, the stadium financing bill and any associated amendments.

 

 

      Buesgens, Sviggum and Wilkin moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 3, delete section 5

 

      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 Buesgens et al amendment and the roll was called.  There were 58 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Holberg

Hortman

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Larson

Lenczewski

Marquart

Newman

Nornes

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Powell

Ruud

Samuelson

Seifert

Severson

Smith

Soderstrom

Thissen

Tingelstad

Vandeveer

Wardlow

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Demmer

Dill

Dorn

Eken

Ellison

Entenza

Finstad

Fritz

Goodwin

Greiling

Hansen

Hausman


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7119

Haws

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hosch

Howes

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Lanning

Latz

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Otremba

Paymar

Pelowski

Penas

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Sailer

Scalze

Sertich

Sieben

Simon

Simpson

Slawik

Solberg

Sykora

Thao

Urdahl

Wagenius

Welti

Westerberg


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Lenczewski moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 12, line 16, after "law," insert "if approved by the voters at a general election, pursuant to Minnesota Statutes, section 297A.99, subdivision 3, paragraph (a), "

 

      Page 12, line 18, delete "subdivisions 2 and 3" and insert "subdivision 2 and subdivision 3, paragraphs (b) and (c)"

 

 

      A roll call was requested and properly seconded.

 

      The question was taken on the Lenczewski amendment and the roll was called.  There were 64 yeas and 66 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Bernardy

Blaine

Buesgens

Carlson

Charron

Clark

Cornish

Davnie

Dean

DeLaForest

Eastlund

Ellison

Erhardt

Erickson

Gazelka

Goodwin

Greiling

Hackbarth

Hansen

Hausman

Hilty

Holberg

Hornstein

Hortman

Johnson, J.

Johnson, R.

Johnson, S.

Kahn

Klinzing

Knoblach

Kohls

Krinkie

Larson

Latz

Lenczewski

Liebling

Loeffler

Moe

Mullery

Murphy

Newman

Olson

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, S.

Ruud

Sailer

Seifert

Simon

Smith

Soderstrom

Thissen

Vandeveer

Wagenius

Walker

Welti

Wilkin

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Atkins

Beard

Bradley

Brod

Cox

Cybart

Davids

Demmer

Dempsey

Dill

Dorman

Dorn

Eken

Emmer

Entenza

Finstad

Fritz

Garofalo

Gunther

Hamilton

Haws

Heidgerken

Hilstrom

Hoppe

Hosch

Howes

Huntley

Jaros

Juhnke

Kelliher

Koenen

Lanning

Lesch

Lieder

Lillie

Magnus

Marquart

McNamara

Meslow

Nelson, M.

Nelson, P.

Nornes

Otremba

Penas

Peterson, A.

Peterson, N.

Poppe

Powell

Rukavina

Ruth

Samuelson

Scalze

Sertich

Severson

Sieben

Simpson

Slawik

Solberg

Sykora

Tingelstad

Urdahl

Wardlow

Westerberg

Westrom

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7120

             The Speaker called Davids to the Chair.

 

 

      Erhardt moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 2, after line 24, insert:

 

"Sec. 2.  [16A.663] BASEBALL STADIUM BONDS. 

 

Subdivision 1.  Authority.  When authorized by law enacted in accordance with the Constitution, article XI, sections 5 and 7, the commissioner may, by order, sell and issue baseball stadium special tax bonds of the state evidencing public debt incurred for the purposes stated in the law.  The bonds are payable solely from the proceeds of the taxes appropriated to special tax bond debt service account established in subdivision 3 and other money on hand in that fund from time to time; the bonds are not general obligations of the state, and the full faith and credit of the state is not pledged for their payment.

 

Subd. 2.  Manner of issuance; maturities.  The bonds must be issued and sold in accordance with the procedures under section 16A.641, except the bonds are not general obligations.  Sections 16A.672 and 16A.675 apply to the bonds, except the appropriations from the general fund do not apply and are instead made out of the bond proceeds fund.

 

Subd. 3.  Establishment of debt service fund; appropriation of debt service fund money.  A separate and special account designated as a baseball stadium special tax bond debt service account is established within the state bond fund.  Revenues under section 297A.94, paragraph (g), must be credited to the account, including investment earnings on those amounts.  The money on hand in the debt service account must be used solely for the payment of the principal of, and interest on, the bonds, and is appropriated for this purpose.  This appropriation does not cancel as long as any of the bonds remain outstanding.

 

Subd. 4.  Application and appropriation of proceeds.  (a) The proceeds of the bonds must be deposited in the baseball stadium bond proceeds fund and spent as provided in this subdivision and are appropriated for those purposes.  Any accrued interest and any premium received on the sale of the bonds, and any amount of bond proceeds determined by the commissioner to be needed to pay interest payable on the bonds up to 18 months following their issuance, must be credited to the baseball stadium special tax bond debt service account.

 

(b) Money in the fund is appropriated to the commissioner to pay grants to the authority for ballpark costs and to Hennepin County to fund public infrastructure costs associated with the development of the ballpark.  So much of the proceeds as is necessary must be used to pay costs incurred in issuing and selling the bonds.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 3.  Minnesota Statutes 2004, section 297A.62, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  (a) Except as otherwise provided in subdivision 2 or 3 or in this chapter, a sales tax of 6.5 percent is imposed on the gross receipts from retail sales as defined in section 297A.61, subdivision 4, made in this state or to a destination in this state by a person who is required to have or voluntarily obtains a permit under section 297A.83, subdivision 1.

 

(b) A rate of 0.06 percent is added to the rate imposed under paragraph (a).  This rate expires when the state determines that the revenues raised under this paragraph are sufficient to pay the costs of the development and construction of a ballpark and related infrastructure within the limits authorized under section 14.

 

EFFECTIVE DATE.  This section is effective beginning with sales and purchases made after June 30, 2006."


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7121

Page 3, after line 13, insert:

 

"Sec. 7.  Minnesota Statutes 2004, section 297A.94, is amended to read:

 

297A.94 DEPOSIT OF REVENUES. 

 

(a) Except as provided in this section, the commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.

 

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special revenue fund if:

 

(1) the taxes are derived from sales and use of property and services purchased for the construction and operation of an agricultural resource project; and

 

(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty for the project under section 41A.04, subdivision 3.

 

The commissioner of finance shall certify to the commissioner the date on which the project received the conditional commitment.  The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs incurred by the Department of Revenue to administer and enforce the assessment and collection of the taxes.

 

(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:

 

(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by section 16A.661, subdivision 3, paragraph (b); and

 

(2) after the requirements of clause (1) have been met, the balance to the general fund.

 

(d) The commissioner shall deposit the revenues, including interest and penalties, collected under section 297A.64, subdivision 5, in the state treasury and credit them to the general fund.  By July 15 of each year the commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected under section 297A.64, subdivision 5, for the previous calendar year.

 

(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65, must be deposited by the commissioner in the state treasury as follows:

 

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund, and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including conservation, restoration, and enhancement of land, water, and other natural resources of the state;

 

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state parks and trails;

 

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on metropolitan park and trail grants;


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7122

(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local trail grants; and

 

(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.

 

(f) The revenue dedicated under paragraph (e) may not be used as a substitute for traditional sources of funding for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those purposes.  Land acquired with money deposited in the game and fish fund under paragraph (e) must be open to public hunting and fishing during the open season, except that in aquatic management areas or on lands where angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may be prohibited.  At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement, or protection of fish and wildlife resources under paragraph (e) must be allocated for field operations.

 

(g) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases under section 297A.62, subdivision 1, paragraph (b), in the state treasury and credit them to the baseball stadium special tax bond debt service account.

 

EFFECTIVE DATE.  This section is effective beginning with sales and purchases made after June 30, 2006.

 

Sec. 8.  Minnesota Statutes 2004, section 297B.02, subdivision 1, is amended to read:

 

Subdivision 1.  Rate.  There is imposed an excise tax at the rate provided in chapter 297A section 297A.62, subdivision 1, paragraph (a), on the purchase price of any motor vehicle purchased or acquired, either in or outside of the state of Minnesota, which is required to be registered under the laws of this state.

 

The excise tax is also imposed on the purchase price of motor vehicles purchased or acquired on Indian reservations when the tribal council has entered into a sales tax on motor vehicles refund agreement with the state of Minnesota.

 

EFFECTIVE DATE.  This section is effective beginning with sales and purchases made after June 30, 2006."

 

Page 5, line 27, delete "two members" and insert "three members, including the chair,"

 

Page 5, line 28, delete "two members, including the chair," and insert "one member"

 

Page 9, delete section 9 and insert:

 

"Sec. 13.  COUNTY ACTIVITIES; REIMBURSEMENT. 

 

(a) The county, may acquire by purchase, eminent domain, or gift, land, air rights, and other property interests within the development area for the ballpark site and public infrastructure and convey it to the authority with or without consideration, prepare a site for development as a ballpark, and acquire and construct any related public infrastructure.  The public infrastructure may include the construction and operation of parking facilities within the development area notwithstanding any law imposing limits on county parking facilities in the city of Minneapolis.  The county may acquire and construct property, facilities and improvements outside the development area for the purpose of drainage and environmental remediation for property within the development area, walkways and a pedestrian bridge to link the ballpark to third avenue distributor ramps, street and road improvements and access easements for the purpose of providing access to the ballpark, streetscapes, connections to transit facilities and bicycle trails, and any utility modifications which are incidental to any utility modifications within the development area.  To the extent property parcels or interests acquired are more extensive than the public infrastructure


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7123

requirements the county may sell or otherwise dispose of the excess.  The county may review and approve ballpark designs, plans, and specifications to the extent provided in a grant agreement and in order to ensure that the public purposes of the grant are carried out.  The county board may delegate responsibility for implementing the terms of an approved grant agreement to the county administrator or other designated officers.  Public infrastructure designs must optimize area transit and bicycle opportunities, including connections to existing trails, as determined by the county board.  The county may enforce the provisions of any grant agreement by specific performance.  Except to require compliance with the conditions of the grant or as may be mutually agreed to by the county and the authority, the county has no interest in or claim to any assets or revenues of the authority.  The county may acquire property by eminent domain for any of the purposes of this act notwithstanding any other law, including laws subsequently enacted which do not specifically refer to this act, and such purposes of this act are declared to constitute the ownership and enjoyment of land and property by the general public and public agencies within the meaning of chapter 117.  The county may initiate or continue an environmental impact statement as the responsible governmental unit under Minnesota Statutes, section 116D.04, pay for any costs in connection with the environmental impact statement or reimburse others for such costs, and conduct other studies and tests necessary to evaluate the suitability of the ballpark site.  The county has all powers necessary or convenient for those purposes and may enter into any contract for those purposes.  The county may make expenditures or grants for other costs incidental and necessary to further the purposes of this act and may by agreement, reimburse in whole or in part, any entity that has granted, loaned, or advanced funds to the county to further the purposes of this act.  The county shall reimburse a local governmental entity within its jurisdiction or make a grant to such a governmental unit for site acquisition, preparation of the site for ballpark development, and public infrastructure.  Amounts expended by a local governmental unit with the proceeds of a grant or in expectation of reimbursement by the county are not deemed an expenditure or other use of local governmental resources by the governmental unit within the meaning of any law or charter limitation.  Exercise by the county of its powers under this section do not affect the amounts that the county is otherwise eligible to spend, borrow, tax, or receive under any law.

 

(b) The state shall reimburse the county for reasonable costs incurred under paragraph (a) for the development of the ballpark and related infrastructure, with grants under section 16A.663.  The county shall apply to the commissioner of finance for reimbursement under this paragraph and provide any documentation that the commissioner deems necessary to verify that the expenditures are necessary for development of the ballpark."

 

Page 20, after line 15, insert:

 

"Sec. 20.  BOND SALE. 

 

To provide the money appropriated in this act from the stadium bond proceeds fund, the commissioner of finance shall issue and sell baseball stadium special tax bonds of the state in an amount up to $540,000,000 in the manner provided in section 16A.663 and by the Minnesota Constitution, article XI, sections 4 to 7."

 

Page 20, delete section 18 and insert:

 

"Sec. 23.  EFFECTIVE DATE. 

 

Except as specifically provided otherwise, this act is effective the day after final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7124

             The question was taken on the Erhardt amendment and the roll was called.  There were 19 yeas and 111 nays as follows:

 

      Those who voted in the affirmative were:

 


Carlson

Clark

Ellison

Erhardt

Goodwin

Hortman

Jaros

Larson

Latz

Lenczewski

Loeffler

Mahoney

Nelson, M.

Peterson, S.

Simon

Solberg

Sykora

Thissen

Walker


 

 

      Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Emmer

Entenza

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hosch

Howes

Huntley

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Lesch

Liebling

Lieder

Lillie

Magnus

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Poppe

Powell

Rukavina

Ruth

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Thao

Tingelstad

Urdahl

Vandeveer

Wagenius

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Kahn moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 3, after line 13, insert:

 

"Sec. 5.  Minnesota Statutes 2004, section 297A.99, subdivision 3, is amended to read:

 

Subd. 3.  Requirements for adoption, use, termination.  (a) Imposition of a local sales tax is subject to approval by voters of the political subdivision at a general election.

 

(b) (a) The proceeds of the tax must be dedicated exclusively to payment of the cost of a specific capital improvement which is designated at least 90 days before the referendum on imposition of the tax is conducted.

 

(c) (b) The tax must terminate after the improvement designated under paragraph (b) (a) has been completed.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7125

(d) (c) After a sales tax imposed by a political subdivision has expired or been terminated, the political subdivision is prohibited from imposing a local sales tax for a period of one year.  Notwithstanding subdivision 13, this paragraph applies to all local sales taxes in effect at the time of or imposed after May 26, 1999.

 

EFFECTIVE DATE.  This section is effective for local sales taxes authorized after December 31, 2005."

 

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 Kahn amendment and the roll was called.  There were 42 yeas and 88 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, I.

Carlson

Davnie

Dill

Dorn

Ellison

Fritz

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Mahoney

Mullery

Murphy

Nelson, M.

Paymar

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Sieben

Slawik

Thao

Thissen

Walker


 

 

      Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Eastlund

Eken

Emmer

Entenza

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Goodwin

Gunther

Hackbarth

Hamilton

Hansen

Haws

Heidgerken

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Loeffler

Magnus

Marquart

McNamara

Meslow

Moe

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Powell

Ruth

Ruud

Samuelson

Seifert

Severson

Simon

Simpson

Smith

Soderstrom

Solberg

Sykora

Tingelstad

Urdahl

Vandeveer

Wagenius

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      The Speaker resumed the Chair.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7126

             Mullery moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 20, after line 15, insert:

 

"Sec. 16.  PLEDGE AGREEMENT. 

 

The team shall pledge all of its voting stock to the authority to ensure that the team will remain playing baseball in the stadium authorized by this act.  The pledge agreement shall provide that in the event of a possible sale of the team, a possible transfer of the location where the team plays its home games to another stadium, a dissolution of the team, or a contraction of the team by the league, the authority shall be entitled to vote all stock on such issues and to vote and make decisions as the board of directors on such issues.  The pledge agreement shall further provide that any proceeds received from such an event shall first go toward payment of all existing bonds and debts for the construction, repairs, and maintenance of the stadium and related facilities."

 

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 Mullery amendment and the roll was called.  There were 63 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Bernardy

Carlson

Clark

Davnie

Dean

DeLaForest

Dorn

Eken

Ellison

Erhardt

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Jaros

Johnson, S.

Juhnke

Kahn

Knoblach

Koenen

Krinkie

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Loeffler

Mahoney

Mullery

Murphy

Nelson, M.

Newman

Olson

Otremba

Paulsen

Paymar

Peppin

Peterson, S.

Rukavina

Ruud

Sailer

Sieben

Simon

Smith

Thao

Thissen

Vandeveer

Wagenius

Walker

Welti

Westrom

Wilkin

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Atkins

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Demmer

Dill

Dorman

Eastlund

Emmer

Entenza

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Haws

Heidgerken

Hoppe

Hosch

Howes

Huntley

Johnson, J.

Johnson, R.

Kelliher

Klinzing

Kohls

Lanning

Lillie

Magnus

Marquart

McNamara

Meslow

Moe

Nelson, P.

Nornes

Ozment

Pelowski

Penas

Peterson, A.

Peterson, N.

Poppe

Powell

Ruth

Samuelson

Scalze

Seifert

Sertich

Severson

Simpson

Slawik

Soderstrom

Sykora

Tingelstad

Urdahl

Wardlow

Westerberg

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7127

             Mullery moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 8, line 9, delete ", and other revenues derived from the ballpark"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Mullery amendment and the roll was called.  There were 63 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Bernardy

Buesgens

Carlson

Clark

Davnie

Dorn

Ellison

Entenza

Erhardt

Erickson

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Hosch

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Krinkie

Latz

Lenczewski

Lesch

Liebling

Lieder

Loeffler

Mullery

Murphy

Nelson, M.

Newman

Olson

Paulsen

Paymar

Peppin

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Sieben

Simon

Smith

Soderstrom

Solberg

Thao

Vandeveer

Wagenius

Walker

Welti

Wilkin


 

 

      Those who voted in the negative were:

 


Abeler

Atkins

Beard

Blaine

Brod

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Emmer

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Hoppe

Howes

Huntley

Johnson, J.

Johnson, R.

Kohls

Lanning

Larson

Lillie

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Nelson, P.

Nornes

Otremba

Ozment

Pelowski

Penas

Peterson, N.

Powell

Ruth

Samuelson

Scalze

Seifert

Sertich

Severson

Simpson

Slawik

Sykora

Thissen

Tingelstad

Urdahl

Wardlow

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Mullery moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 8, line 9, delete "naming rights"

 

      Page 8, line 11, after the period, insert "The lease or use agreement shall provide that the authority has the right to at least 80 percent of the revenues derived from sale of ballpark naming rights."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7128

             The question was taken on the Mullery amendment and the roll was called.  There were 56 yeas and 75 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Bernardy

Buesgens

Carlson

Clark

Davnie

DeLaForest

Dorn

Eken

Ellison

Erhardt

Erickson

Goodwin

Greiling

Hansen

Hausman

Hilty

Hornstein

Hortman

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Klinzing

Knoblach

Krinkie

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Loeffler

Mullery

Murphy

Newman

Olson

Paulsen

Paymar

Peppin

Peterson, S.

Rukavina

Ruud

Sieben

Simon

Smith

Soderstrom

Thao

Thissen

Vandeveer

Wagenius

Walker

Welti

Wilkin


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, I.

Atkins

Beard

Blaine

Bradley

Brod

Charron

Cornish

Cox

Cybart

Davids

Dean

Demmer

Dempsey

Dill

Dorman

Eastlund

Emmer

Entenza

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Haws

Heidgerken

Hilstrom

Holberg

Hoppe

Hosch

Howes

Huntley

Johnson, R.

Kelliher

Koenen

Kohls

Lanning

Lillie

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Nelson, M.

Nelson, P.

Nornes

Otremba

Ozment

Pelowski

Penas

Peterson, A.

Peterson, N.

Poppe

Powell

Ruth

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Simpson

Slawik

Solberg

Tingelstad

Urdahl

Wardlow

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Klinzing moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 12, line 16, delete "the county" and insert "an affected county"

 

      Page 12, line 20, after "section" insert ", if Hennepin County is one of the affected counties,"

 

      Page 12, after line 23, insert:

 

"(c) For purposes of this subdivision, "affected county" means a county that is represented in whole or in part by a representative who votes for the final passage of this act.  The affected county may only impose the tax in that portion of the county represented by such a representative."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7129

             The question was taken on the Klinzing amendment and the roll was called.  There were 34 yeas and 97 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Buesgens

Carlson

Clark

Cornish

Dean

DeLaForest

Ellison

Erhardt

Erickson

Goodwin

Greiling

Hackbarth

Hausman

Holberg

Jaros

Klinzing

Kohls

Krinkie

Larson

Latz

Lenczewski

Mullery

Newman

Olson

Peppin

Peterson, S.

Smith

Soderstrom

Vandeveer

Wagenius

Walker

Wilkin

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Charron

Cox

Cybart

Davids

Davnie

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Emmer

Entenza

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hamilton

Hansen

Haws

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Lanning

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, M.

Nelson, P.

Nornes

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wardlow

Welti

Westerberg

Westrom

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      The Speaker called Davids to the Chair.

 

 

      Wagenius and Rukavina moved to amend H. F. No. 2480, the fourth engrossment, as follows:

 

      Page 17, delete subdivision 8 and insert:

 

"Subd. 8.  Public share upon sale of team.  The lease or use agreement must provide that, if the team is sold after the effective date of this act, a portion of the sale price must be paid to the county and used to defease the bonds issued under section 9, subdivision 2.  The portion required to be so paid to the county is 18 percent of the gross sale price.  Any portion remaining after the defease of the bonds must be paid to the authority and deposited in a reserve fund for improvements to the ballpark or expended as otherwise directed by the authority."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7130

             The question was taken on the Wagenius and Rukavina amendment and the roll was called.  There were 120 yeas and 12 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Bernardy

Blaine

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Olson

Otremba

Ozment

Paulsen

Paymar

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westrom

Wilkin

Zellers


 

 

      Those who voted in the negative were:

 


Beard

Bradley

Brod

Demmer

Finstad

Hoppe

Howes

Lanning

Nornes

Pelowski

Westerberg

Spk. Sviggum


 

 

      The motion prevailed and the amendment was adopted.

 

 

      Kahn, Ruud and Olson moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 20, after line 15, insert:

 

"Sec. 16.  BALLPARK ACCOUNT. 

 

Subdivision 1.  Creation.  A ballpark account is created in the special revenue fund in the state treasury.

 

Subd. 2.  Transfer; sale of the metrodome.  Upon the sale of the metrodome, the Metropolitan Sports Facilities Commission must transfer the net proceeds to the ballpark account.  Funds transferred to the ballpark account are appropriated to Hennepin County to defease the bonds issued under section 9, subdivision 2."

 

Page 20, line 20, after "sections" insert "473.5995,"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7131

             The question was taken on the Kahn et al amendment and the roll was called.  There were 53 yeas and 78 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Buesgens

Carlson

Clark

Davnie

Dorn

Ellison

Emmer

Entenza

Garofalo

Goodwin

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Klinzing

Knoblach

Krinkie

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Loeffler

Mullery

Murphy

Nelson, M.

Newman

Olson

Paymar

Peppin

Peterson, N.

Peterson, S.

Rukavina

Ruud

Sieben

Simon

Smith

Thao

Thissen

Wagenius

Walker

Welti


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Erhardt

Erickson

Finstad

Fritz

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Koenen

Kohls

Lanning

Lillie

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Nelson, P.

Nornes

Otremba

Ozment

Paulsen

Pelowski

Penas

Peterson, A.

Poppe

Powell

Ruth

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Simpson

Slawik

Soderstrom

Solberg

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      The Speaker resumed the Chair.

 

 

      Vandeveer and Krinkie moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 6, after line 3, insert:

 

"(e) No member of the Minnesota Ballpark Authority may have served as an elected official of the city of Minneapolis or Hennepin County for a period of two years prior to appointment to the authority."

 

Page 6, line 4, delete "(e)" and inset "(f)"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7132

             Larson moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 15, line 15, delete "14" and insert "15"

 

      Page 17, line 35, after "Twins'" insert "or Hennepin County Twins'"

 

      Page 18, line 5, after "Twins" insert "or Hennepin County Twins"

 

      Page 18, after line 5, insert:

 

"Subd. 15.  Name of team.  The team and league must agree to change the name of the Minnesota Twins to the Hennepin County Twins.  The lease or use agreement must establish the dates by which the name change must be completed."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Larson amendment and the roll was called.  There were 27 yeas and 103 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Carlson

Clark

Davnie

Dean

Dorman

Ellison

Erhardt

Goodwin

Hausman

Heidgerken

Huntley

Jaros

Kahn

Krinkie

Larson

Latz

Lenczewski

Mahoney

Mullery

Nelson, M.

Peterson, N.

Peterson, S.

Ruud

Smith

Wagenius

Walker


 

 

      Those who voted in the negative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

DeLaForest

Demmer

Dempsey

Dill

Dorn

Eastlund

Eken

Emmer

Entenza

Erickson

Finstad

Fritz

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Haws

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Lanning

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Poppe

Powell

Rukavina

Ruth

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Soderstrom

Solberg

Sykora

Thao

Tingelstad

Urdahl

Vandeveer

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7133

             Olson moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 16, line 2, after the period, insert "The lease or use agreement must specify that the team may sell personal seat licenses for regularly scheduled and postseason home games and that the amount by which the total amount charged by the team for personal seat licenses exceeds $12 million will be paid to the Hennepin county general fund."

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Olson moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 20, after line 15, insert:

 

"Sec. 16.  ATTORNEY GENERAL ACTION. 

 

The attorney general, in conjunction with other affected state and local governments nationwide, shall explore and report whether monopolistic and anticompetitive practices are present in the economies and financing of professional sports leagues.  The attorney general must prepare a report to the legislature on the findings and conclusions and make recommendations on the advisability of any legal or administrative action by July 1, 2007."

 

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 Olson amendment and the roll was called.  There were 23 yeas and 109 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Atkins

Buesgens

Clark

Dean

Ellison

Entenza

Goodwin

Greiling

Hansen

Hornstein

Johnson, J.

Johnson, S.

Kahn

Klinzing

Knoblach

Krinkie

Liebling

Olson

Smith

Thissen

Vandeveer

Wilkin


 

 

      Those who voted in the negative were:

 


Abeler

Abrams

Anderson, I.

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Cornish

Cox

Cybart

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Emmer

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Juhnke

Kelliher

Koenen

Kohls

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Magnus

Mahoney


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7134

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Soderstrom

Solberg

Sykora

Thao

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      The Speaker called Emmer to the Chair.

 

 

      Latz and Krinkie moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 15, line 17, delete "$130,000,000"

 

      Page 15, delete lines 18 to 19, and insert "no less than 50 percent of the total costs of constructing the ballpark.  The team contributions must"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Latz and Krinkie amendment and the roll was called.  There were 65 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Bernardy

Buesgens

Carlson

Clark

Cybart

Davnie

DeLaForest

Dorn

Eken

Ellison

Entenza

Erhardt

Erickson

Goodwin

Greiling

Hackbarth

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Jaros

Johnson, J.

Johnson, S.

Kahn

Klinzing

Knoblach

Kohls

Krinkie

Larson

Latz

Lenczewski

Liebling

Lieder

Loeffler

Mahoney

Mullery

Nelson, M.

Nelson, P.

Newman

Olson

Otremba

Paulsen

Paymar

Peppin

Peterson, A.

Peterson, S.

Ruud

Sailer

Sieben

Simon

Smith

Soderstrom

Thao

Thissen

Vandeveer

Wagenius

Walker

Welti

Wilkin


 

 

      Those who voted in the negative were:

 


Abeler

Atkins

Beard

Blaine

Bradley

Brod

Charron

Cornish

Cox

Davids

Dean

Demmer

Dempsey

Dill

Dorman

Eastlund

Emmer

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hamilton

Heidgerken

Holberg

Hoppe

Hosch

Howes

Huntley

Johnson, R.

Juhnke

Kelliher

Koenen

Lanning

Lesch

Lillie

Magnus

Marquart

McNamara

Meslow

Moe

Murphy


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7135

Nornes

Ozment

Pelowski

Penas

Peterson, N.

Poppe

Powell

Rukavina

Ruth

Samuelson

Scalze

Seifert

Sertich

Severson

Simpson

Slawik

Solberg

Sykora

Tingelstad

Urdahl

Wardlow

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      The Speaker resumed the Chair.

 

 

      Krinkie and Lenczewski moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 12, after line 19 insert:

 

      "(b) Before imposing a tax under paragraph (a), the county must publish a notice of its intention to impose the tax and the date and time of a hearing to obtain public comment on the matter.  The notice must be published in the official newspaper of the county or in a newspaper of general circulation in the county.  The notice must be published at least 14, but not more than 28, days before the date of the hearing.  If a petition requesting a vote is signed by voters equal to five percent of the votes cast in the county in the last general election and is filed with the county auditor within 30 days after the public hearing, the county may impose the tax only upon obtaining the approval of a majority of the voters voting on the question of imposing the tax.  The commissioner of revenue shall prepare the question to be presented at the election.  If no qualifying petition is filed within the time specified, the county may impose the tax without voter approval."

 

      Page 20, line 20, delete "(b)" and insert "(c)"

 

 

      A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

      On the motion of Paulsen 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, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7136

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

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.

 

 

      The question recurred on the Krinkie and Lenczewski amendment and the roll was called.

 

 

      Paulsen moved that those not voting be excused from voting.  The motion prevailed.

 

 

      There were 61 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Bernardy

Blaine

Buesgens

Carlson

Charron

Clark

Cornish

Cybart

Davnie

Dean

DeLaForest

Eastlund

Ellison

Erhardt

Erickson

Goodwin

Greiling

Hackbarth

Hausman

Haws

Hilty

Holberg

Hornstein

Hortman

Howes

Johnson, J.

Johnson, S.

Kahn

Klinzing

Knoblach

Kohls

Krinkie

Larson

Latz

Lenczewski

Lieder

Loeffler

Mullery

Nelson, P.

Newman

Olson

Ozment

Paulsen

Paymar

Peppin

Peterson, S.

Poppe

Ruud

Seifert

Simon

Smith

Soderstrom

Thissen

Vandeveer

Wagenius

Walker

Wilkin

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Atkins

Beard

Bradley

Brod

Cox

Davids

Demmer

Dempsey

Dill

Dorman

Dorn

Eken

Emmer

Entenza

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hamilton

Hansen

Heidgerken

Hilstrom

Hoppe

Hosch

Jaros

Johnson, R.

Juhnke

Kelliher

Koenen

Lanning

Lesch

Liebling

Lillie

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, M.

Nornes

Otremba

Pelowski

Penas

Peterson, A.

Peterson, N.

Powell

Rukavina

Ruth

Sailer

Samuelson

Scalze

Sertich

Severson

Sieben

Simpson

Slawik

Solberg

Sykora

Thao

Tingelstad

Urdahl

Wardlow

Welti

Westerberg

Westrom

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7137

             Latz and Krinkie moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 15, line 17, delete "$130,000,000"

 

      Page 15, delete lines 18 to 19, and insert "no less than 39 percent of the total costs of constructing the ballpark.  The team contributions must"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Latz and Krinkie amendment and the roll was called.

 

 

      Paulsen moved that those not voting be excused from voting.  The motion did not prevail.

 

 

      Paulsen moved that those not voting be excused from voting.  The motion prevailed.

 

 

      There were 63 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Bernardy

Buesgens

Carlson

Clark

Cornish

Cybart

Davnie

DeLaForest

Dorn

Eken

Ellison

Erhardt

Erickson

Goodwin

Greiling

Hackbarth

Hansen

Hausman

Haws

Hilty

Holberg

Hornstein

Hortman

Jaros

Johnson, J.

Johnson, S.

Kahn

Klinzing

Knoblach

Krinkie

Larson

Latz

Lenczewski

Liebling

Lieder

Loeffler

Mahoney

Mullery

Nelson, P.

Newman

Olson

Paulsen

Paymar

Peppin

Peterson, A.

Peterson, S.

Ruud

Sailer

Sieben

Simon

Smith

Soderstrom

Thao

Thissen

Vandeveer

Wagenius

Walker

Welti

Wilkin

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Atkins

Beard

Blaine

Bradley

Brod

Charron

Cox

Davids

Dean

Demmer

Dempsey

Dill

Dorman

Eastlund

Emmer

Entenza

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hamilton

Heidgerken

Hilstrom

Hoppe

Hosch

Howes

Johnson, R.

Juhnke

Kelliher

Koenen

Kohls

Lanning

Lesch

Lillie

Magnus

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, M.

Nornes

Otremba

Ozment

Pelowski

Penas

Peterson, N.

Poppe

Powell

Rukavina

Ruth

Samuelson

Scalze

Seifert

Sertich

Severson

Simpson

Slawik

Solberg

Sykora

Tingelstad

Urdahl

Wardlow

Westerberg

Westrom

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7138

             Ellison and Walker offered an amendment to H. F. No. 2480, the fourth engrossment, as amended.

 

 

      Abrams requested a division of the Ellison and Walker amendment to H. F. No. 2480, the fourth engrossment, as amended.

 

 

      Abrams further requested that the second portion of the divided Ellison and Walker amendment be voted on first.

 

 

      The second portion of the Ellison and Walker amendment to H. F. No. 2480, the fourth engrossment, as amended, reads as follows:

 

Page 9, line 35, after the period, insert:

 

"To the extent funds are available from collections of the tax authorized by subdivision 3 after payment each year of debt service on the bonds authorized and issued under subdivision 2 and payments for the purposes described in the preceding sentence, the county may also:

 

(1) authorize, by resolution, and expend or make grants to the authority and to other governmental units and nonprofit organizations in an aggregate amount of up to $2,000,000 annually, increased by up to 2.5 percent annually, for youth activities and amateur sports within Hennepin County; and

 

(2) authorize, by resolution, the expenditure of up to $2,000,000 annually to fund the cost of extending the hours of operation of Hennepin County libraries and Minneapolis public libraries."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the second portion of the Ellison and Walker amendment and the roll was called.

 

 

      Paulsen moved that those not voting be excused from voting.  The motion prevailed.

 

 

      There were 58 yeas and 74 nays as follows:

 

      Those who voted in the affirmative were:

 


Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Larson

Latz

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Moe

Mullery

Murphy

Nelson, M.

Otremba

Paymar

Peterson, A.

Peterson, S.

Rukavina

Ruud

Sailer

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti



Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7139

             Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Johnson, J.

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Lieder

Magnus

Marquart

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Ozment

Paulsen

Pelowski

Penas

Peppin

Peterson, N.

Poppe

Powell

Ruth

Samuelson

Scalze

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the second portion of the Ellison and Walker amendment was not adopted.

 

 

      The first portion of the Ellison and Walker amendment to H. F. No. 2480, the fourth engrossment, as amended, reads as follows:

 

      Page 5, after line 19, insert:

 

"Subd. 5.  Employees and vendors.  (a) The Minnesota Ballpark Authority shall make good faith efforts to have entry-level middle management and upper management staffed by minority and female employees.  The authority shall also make best efforts to employ women and members of minority communities.  The authority shall make good faith efforts to utilize minority and female-owned businesses in Hennepin County.  Best efforts shall be made to use vendors of goods and services provided by minority and female-owned businesses from Hennepin County.

 

(b) The authority shall contract with an employment assistance firm, preferably minority owned, to create an employment program to recruit, hire, and retain minorities for the stadium facility.  The authority shall hold a job fair and recruit and advertise at Minneapolis Urban League, Sabathani, American Indian OIC, Youthbuild organizations, and other such organizations.

 

(c) The authority shall report the efforts made in paragraphs (a) and (b) to the attorney general."

 

Page 8, line 27, after "with" insert "section 6, subdivision 5, and"

 

Page 9, line 20, after "programs" insert "including Youthbuild"

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the first portion of the Ellison and Walker amendment and the roll was called.

 

 

      Paulsen moved that those not voting be excused from voting.  The motion prevailed.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7140

             There were 69 yeas and 62 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Charron

Clark

Cox

Davnie

Dill

Dorn

Eastlund

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Moe

Mullery

Nelson, M.

Nelson, P.

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

      Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Johnson, J.

Knoblach

Kohls

Krinkie

Lanning

Magnus

Marquart

McNamara

Meslow

Newman

Nornes

Olson

Ozment

Paulsen

Penas

Peppin

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The motion prevailed and the first portion of the Ellison and Walker amendment was adopted.

 

 

      Mullery, Carlson and Kahn moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 17, after line 5, insert:

 

"Subd. 8.  Right of first refusal.  The lease or use agreement must provide that, prior to any planned sale of the team, the team must offer a corporation formed under section 15 a right of first refusal to purchase the team at the same price and upon the same terms and conditions as are contemplated in the intended sale."

 

Page 17, line 7, after "sold" insert "other than to the county under subdivision 8,"

 

Renumber subdivisions in sequence

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Mahoney was excused for the remainder of today's session.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7141

             Krinkie moved to amend H. F. No. 2480, the fourth engrossment, as amended, as follows:

 

      Page 15, line 15, delete "14" and insert "15"

 

      Page 18, after line 5, insert:

 

"Subd. 15.  News media access.  The lease or use agreement must provide access to accredited news media to cover professional sporting events in the ballpark.  This access must include the right to broadcast short news clips of highlights, included as part of a general news broadcast.  It does not include the right to webcast all or part of the game."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Krinkie amendment and the roll was called.

 

 

      Seifert moved that those not voting be excused from voting.  The motion prevailed.

 

 

      There were 65 yeas and 66 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, I.

Atkins

Bernardy

Buesgens

Carlson

Clark

Cox

Davnie

Dorn

Ellison

Entenza

Erhardt

Fritz

Goodwin

Greiling

Hansen

Hausman

Haws

Hilty

Holberg

Hornstein

Hortman

Hosch

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Krinkie

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Marquart

Mullery

Murphy

Nelson, P.

Olson

Otremba

Paymar

Peppin

Peterson, S.

Rukavina

Ruud

Sailer

Sieben

Simon

Slawik

Smith

Thissen

Vandeveer

Wagenius

Walker

Welti

Wilkin


 

 

      Those who voted in the negative were:

 


Abrams

Beard

Blaine

Bradley

Brod

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Emmer

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Hilstrom

Hoppe

Howes

Huntley

Johnson, R.

Kohls

Lanning

Magnus

McNamara

Meslow

Moe

Nelson, M.

Newman

Nornes

Ozment

Paulsen

Pelowski

Penas

Peterson, A.

Peterson, N.

Poppe

Powell

Ruth

Samuelson

Scalze

Seifert

Sertich

Severson

Simpson

Soderstrom

Solberg

Sykora

Thao

Tingelstad

Urdahl

Wardlow

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7142

MOTION FOR RECONSIDERATION

 

      Hilty moved that the vote whereby the Mullery et al amendment to H. F. No. 2480, the fourth engrossment, as amended, was not adopted, be now reconsidered.  The motion prevailed.

 

 

      The Mullery, Carlson and Kahn amendment to H. F. No. 2480, the fourth engrossment, as amended, was again reported to the House.

 

      Page 17, after line 5, insert:

 

"Subd. 8.  Right of first refusal.  The lease or use agreement must provide that, prior to any planned sale of the team, the team must offer a corporation formed under section 15 a right of first refusal to purchase the team at the same price and upon the same terms and conditions as are contemplated in the intended sale."

 

Page 17, line 7, after "sold" insert "other than to the county under subdivision 8,"

 

Renumber subdivisions in sequence

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 2480, A bill for an act relating to a ballpark for major league baseball; providing for the financing, construction, operation, and maintenance of the ballpark and related facilities; establishing the Minnesota Ballpark Authority; providing powers and duties of the authority; providing a community ownership option; authorizing Hennepin County to issue bonds and to contribute to ballpark costs and to engage in ballpark and related activities; authorizing local sales and use taxes and revenues; exempting Minnesota State High School League events from sales taxes; requiring the Minnesota State High School League to transfer tax savings to a foundation to promote extracurricular activities; exempting building materials used for certain local government projects from certain taxes; amending Minnesota Statutes 2004, sections 297A.70, subdivision 11; 297A.71, by adding subdivisions; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35; repealing Minnesota Statutes 2004, sections 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11; 473I.12; 473I.13.

 

 

      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 76 yeas and 55 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, I.

Atkins

Beard

Blaine

Bradley

Brod

Charron

Cox

Cybart

Davids

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Entenza

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hamilton

Haws

Heidgerken

Hilstrom

Hoppe

Hortman

Hosch

Huntley

Johnson, R.

Juhnke

Kelliher

Koenen

Lanning

Lesch

Lieder

Lillie

Magnus

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, M.

Nelson, P.

Nornes

Ozment

Pelowski

Penas

Peterson, A.

Peterson, N.

Poppe

Rukavina

Ruth

Sailer

Samuelson

Scalze


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7143

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wardlow

Welti

Westerberg

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Abrams

Anderson, B.

Bernardy

Buesgens

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Ellison

Emmer

Erhardt

Erickson

Goodwin

Greiling

Hackbarth

Hansen

Hausman

Hilty

Holberg

Hornstein

Howes

Jaros

Johnson, J.

Johnson, S.

Kahn

Klinzing

Knoblach

Kohls

Krinkie

Larson

Latz

Lenczewski

Liebling

Loeffler

Mullery

Newman

Olson

Otremba

Paulsen

Paymar

Peppin

Peterson, S.

Powell

Ruud

Seifert

Smith

Soderstrom

Vandeveer

Wagenius

Walker

Westrom

Wilkin

Zellers


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

CALL OF THE HOUSE LIFTED

 

      Paulsen moved that the call of the House be suspended.  The motion prevailed and it was so ordered.

 

 

      Paulsen moved that the remaining bills on the Calendar for the Day be continued.  The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Seifert moved that the name of Krinkie be added as an author on H. F. No. 2833.  The motion prevailed.

 

      Smith moved that the name of Samuelson be added as an author on H. F. No. 2916.  The motion prevailed.

 

      Krinkie moved that the name of Davids be added as an author on H. F. No. 4142.  The motion prevailed.

 

      Davids moved that the name of Peterson, A., be added as an author on H. F. No. 4165.  The motion prevailed.

 

      Penas moved that the name of Ozment be added as chief author on H. F. No. 3546.  The motion prevailed.

 

      Dittrich moved that her name be stricken as an author on H. F. No. 3779.  The motion prevailed.

 

      Clark moved that H. F. No. 2068 be recalled from the Committee on Jobs and Economic Opportunity Policy and Finance and be re-referred to the Committee on Ways and Means.  The motion prevailed.

 

      Clark moved that H. F. No. 3578 be recalled from the Committee on Jobs and Economic Opportunity Policy and Finance and be re-referred to the Committee on Ways and Means.  The motion prevailed.

 

      Clark moved that H. F. No. 3828 be recalled from the Committee on Jobs and Economic Opportunity Policy and Finance and be re-referred to the Committee on Ways and Means.  The motion prevailed.


Journal of the House - 96th Day - Wednesday, April 26, 2006 - Top of Page 7144

             Dean moved that H. F. No. 3988 be recalled from the Committee on Health Policy and Finance and be re-referred to the Committee on Rules and Legislative Administration.  The motion prevailed.

 

      Clark moved that S. F. No. 2702 be recalled from the Committee on Jobs and Economic Opportunity Policy and Finance and be re-referred to the Committee on Ways and Means.  The motion prevailed.

 

 

ADJOURNMENT

 

      Paulsen moved that when the House adjourns today it adjourn until 12:00 noon, Thursday, April 27, 2006.  The motion prevailed.

 

      Paulsen moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Thursday, April 27, 2006.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives