Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3387

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION 3/4 2005

 

_____________________

 

FIFTIETH DAY

 

Saint Paul, Minnesota, Monday, May 2, 2005

 

 

The House of Representatives convened at 12:30 p.m. and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by Pastor Kay Sorvik, Salem Covenant Church, New Brighton, 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

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

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

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

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

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.

 

Dorman was excused until 1:50 p.m.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Scalze 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 - 50th Day - Monday, May 2, 2005 - Top of Page 3388

REPORTS OF CHIEF CLERK

 

S. F. No. 893 and H. F. No. 905, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Rukavina moved that the rules be so far suspended that S. F. No. 893 be substituted for H. F. No. 905 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1486 and H. F. No. 998, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Rukavina moved that S. F. No. 1486 be substituted for H. F. No. 998 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1509 and H. F. No. 1585, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Olson moved that the rules be so far suspended that S. F. No. 1509 be substituted for H. F. No. 1585 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1780 and H. F. No. 1103, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Hosch moved that the rules be so far suspended that S. F. No. 1780 be substituted for H. F. No. 1103 and that the House File be indefinitely postponed. The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 26, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Sviggum:

 

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3389

H. F. No. 1820, relating to the Cambridge State Hospital; naming a cemetery; providing for a sign.

 

 

Sincerely,

 

Tim Pawlenty

Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Acts of the 2005 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2005

 

Date Filed

2005

 

451 28 11:10 a.m. April 26 April 26

1820 29 11:30 a.m. April 26 April 26

692 30 11:20 a.m. April 26 April 26

 

 

Sincerely,

 

Mary Kiffmeyer

Secretary of State

 

 

REPORTS OF STANDING COMMITTEES

 

 

Dorman from the Committee on Capital Investment to which was referred:

 

H. F. No. 1420, A bill for an act relating to agriculture; appropriating money for agricultural purposes; establishing and modifying certain programs; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; amending Minnesota Statutes 2004, sections 13.643, by adding a subdivision; 17.03, subdivision 13; 17.117, subdivision 11, by adding a subdivision; 17.452, by adding a subdivision; 17.982, subdivision 1; 17.983, subdivisions 1, 3; 17B.03, subdivision 1; 18B.08, subdivision 4; 18B.26, subdivision 3; 18B.31, subdivision 5; 18B.315, subdivision 6; 18B.32, subdivision 6; 18B.33, subdivision 7; 18B.34, subdivision 5; 18C.141, subdivisions 1, 3, 5; 18C.425, subdivision 6; 18E.03, subdivision 2; 18G.03, subdivision 1; 18G.10,


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3390

subdivisions 5, 7; 18H.02, subdivisions 21, 22, 23, 32, 34, by adding a subdivision; 18H.05; 18H.06; 18H.07, subdivisions 1, 2, 3; 18H.09; 18H.13, subdivision 1; 18H.15; 18H.18, subdivision 1; 19.64, subdivision 1; 25.341, subdivision 2; 25.39, subdivisions 1, 4; 31.94; 35.02, subdivision 1; 35.03; 35.05; 35.155; 38.01; 38.16; 41A.09, subdivisions 2a, 3a; 41B.046, subdivision 5; 41B.049, subdivisions 2, 4; 174.52, subdivision 5; 223.17, subdivision 3; 231.08, by adding subdivisions; 231.09; 231.11; 231.16; 231.18, subdivisions 3, 5; 232.22, subdivision 3; 236.02, subdivision 4; 327.23, subdivision 2, by adding a subdivision; 394.25, subdivision 3c; 462.355, subdivision 4; 462.357, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16C; 25; 35; 41B; 156; 231; 583; 604; repealing Minnesota Statutes 2004, sections 17.451; 17.452, subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, 16; 17.983, subdivision 2; 18B.065, subdivision 5; 18H.02, subdivisions 15, 19; 19.64, subdivision 4a; 35.0661, subdivision 4; 41B.046, subdivision 3; Laws 1986, chapter 398, article 1, section 18, as amended; Minnesota Rules, parts 1560.7700; 1560.7750; 1560.7800; 1560.7850; 1560.7900; 1560.8000; 1560.8100; 1560.8200; 1560.8300; 1560.8400; 1560.8500; 1560.8600; 1560.8700; 1560.8800.

 

Reported the same back with the following amendments:

 

Page 1, after line 43, insert:

 

"ARTICLE 1

 

APPROPRIATIONS, GENERALLY"

 

Page 6, delete lines 14 to 55

 

Page 69, after line 6, insert:

 

"ARTICLE 2

 

STATE BONDS

 

Section 1. [RURAL FINANCE AUTHORITY.]

 

Subdivision 1. [APPROPRIATION.] $18,000,000 is appropriated from the bond proceeds fund for the purposes set forth in the Minnesota Constitution, article XI, section 5, clause (h), to the Rural Finance Authority to purchase participation interests in or to make direct agricultural loans to farmers under Minnesota Statutes, chapter 41B. This appropriation is for the beginning farmer program under Minnesota Statutes, section 41B.039; the loan restructuring program under Minnesota Statutes, section 41B.04; the seller-sponsored program under Minnesota Statutes, section 41B.042; the agricultural improvement loan program under Minnesota Statutes, section 41B.043; and the livestock expansion loan program under Minnesota Statutes, section 41B.045. All debt service on bond proceeds used to finance this appropriation must be repaid by the Rural Finance Authority under Minnesota Statutes, section 16A.643. Loan participations must be priced to provide full interest and principal coverage and a reserve for potential losses. Priority for loans must be given first to basic beginning farmer loans; second, to seller-sponsored loans; and third, to agricultural improvement loans.

 

Subd. 2. [BOND SALE.] To provide the money appropriated in this section from the bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $18,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

 

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


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3391

Amend the title as follows:

 

Page 1, line 6, after the semicolon, insert "providing for the issuance of state bonds;"

 

 

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.

 

 

Seifert from the Committee on State Government Finance to which was referred:

 

H. F. No. 2243, A bill for an act relating to state government; creating an Office of Enterprise Technology; appropriating money; amending Minnesota Statutes 2004, sections 16B.04, subdivision 2; 16B.48, subdivisions 4, 5; 16E.01, subdivisions 1, 3; 16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465, subdivision 2; 16E.055; 16E.07, subdivision 8; 299C.65, subdivisions 1, 2; 403.36, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 16E; repealing Minnesota Statutes 2004, sections 16B.48, subdivision 3; 16E.0465, subdivision 3.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

Section 1. Minnesota Statutes 2004, section 16E.01, subdivision 1, is amended to read:

 

Subdivision 1. [PURPOSE CREATION; CHIEF INFORMATION OFFICER.] The Office of Technology, referred to in this chapter as the "office," is under the supervision of the commissioner of administration an agency in the executive branch headed by the state chief information officer.

 

Subd. 1a. [RESPONSIBILITIES.] The office shall provide oversight, leadership, and direction for information and communications telecommunications technology policy and the management, delivery, and security of information and telecommunications technology systems and services in Minnesota. The office shall coordinate manage strategic investments in information and communications telecommunications technology systems and services to encourage the development of a technically literate society and, to ensure sufficient access to and efficient delivery of government services, and to maximize benefits for the state government as an enterprise.

 

Sec. 2. Minnesota Statutes 2004, section 16E.01, subdivision 3, is amended to read:

 

Subd. 3. [DUTIES.] (a) The office shall:

 

(1) coordinate manage the efficient and effective use of available federal, state, local, and private public-private resources to develop statewide information and communications technology systems and services and its infrastructure;

 

(2) review approve state agency and intergovernmental information and communications telecommunications technology systems and services development efforts involving state or intergovernmental funding, including federal funding, provide information to the legislature regarding projects reviewed, and recommend projects for inclusion in the governor's budget under section 16A.11;


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3392

(3) encourage ensure cooperation and collaboration among state and local governments in developing intergovernmental communication and information and telecommunications technology systems and services, and define the structure and responsibilities of the Information Policy Council a representative governance structure;

 

(4) cooperate and collaborate with the legislative and judicial branches in the development of information and communications systems in those branches;

 

(5) continue the development of North Star, the state's official comprehensive on-line service and information initiative;

 

(6) promote and collaborate with the state's agencies in the state's transition to an effectively competitive telecommunications market;

 

(7) collaborate with entities carrying out education and lifelong learning initiatives to assist Minnesotans in developing technical literacy and obtaining access to ongoing learning resources;

 

(8) promote and coordinate public information access and network initiatives, consistent with chapter 13, to connect Minnesota's citizens and communities to each other, to their governments, and to the world;

 

(9) promote and coordinate electronic commerce initiatives to ensure that Minnesota businesses and citizens can successfully compete in the global economy;

 

(10) manage and promote and coordinate the regular and periodic reinvestment in the core information and communications telecommunications technology systems and services infrastructure so that state and local government agencies can effectively and efficiently serve their customers;

 

(11) facilitate the cooperative development of and ensure compliance with standards and policies for information and telecommunications technology systems and services, electronic data practices and privacy, and electronic commerce among international, national, state, and local public and private organizations; and

 

(12) work with others to avoid eliminate unnecessary duplication of existing information and telecommunications technology systems and services provided by other public and private organizations while building on the existing governmental, educational, business, health care, and economic development infrastructures;

 

(13) identify, sponsor, develop, and execute shared information and telecommunications technology projects and ongoing operations; and

 

(14) ensure overall security of the state's information and technology systems and services.

 

(b) The commissioner of administration chief information officer in consultation with the commissioner of finance may must determine that when it is cost-effective for agencies to develop and use shared information and communications telecommunications technology systems and services for the delivery of electronic government services. This determination may be made if an agency proposes a new system that duplicates an existing system, a system in development, or a system being proposed by another agency. The commissioner of administration chief information officer may require agencies to use shared information and telecommunications technology systems and services. The chief information officer shall establish reimbursement rates in cooperation with the commissioner of finance to be billed to agencies and other governmental entities sufficient to cover the actual development, operating, maintenance, and administrative costs of the shared systems. The methodology for billing may include the use of interagency agreements, or other means as allowed by law.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3393

Sec. 3. Minnesota Statutes 2004, section 16E.02, is amended to read:

 

16E.02 [OFFICE OF TECHNOLOGY; STRUCTURE AND PERSONNEL.]

 

Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] (a) The commissioner of administration chief information officer is appointed by the governor. The chief information officer serves in the unclassified service at the pleasure of the governor. The chief information officer must have experience leading enterprise-level information technology organizations. The chief information officer is the state's chief information officer and information and telecommunications technology advisor to the governor.

 

(b) The chief information officer may appoint other employees of the office. The staff of the office must include individuals knowledgeable in information and communications telecommunications technology systems and services, and individuals with specialized training in information security.

 

Subd. 1a. [ACCOUNTABILITY.] The chief information officer reports to the governor. The chief information officer must consult regularly with the commissioners of administration, finance, human services, revenue, and other commissioners as designated by the governor.

 

Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The commissioner of administration chief information officer or the commissioner's chief information officer's designee shall serve as a member of the Minnesota Education Telecommunications Council, the Geographic Information Systems Council, and the Library Planning Task Force, or their respective successor organizations, and as a nonvoting member of Minnesota Technology, Inc. and the Minnesota Health Data Institute as a nonvoting member.

 

Subd. 3. [ADMINISTRATIVE SUPPORT.] The commissioner of administration must provide office space and administrative support services to the office. The office must reimburse the commissioner for these services.

 

Sec. 4. Minnesota Statutes 2004, section 16E.03, subdivision 1, is amended to read:

 

Subdivision 1. [DEFINITIONS.] For the purposes of sections 16E.03 to 16E.05 chapter 16E, the following terms have the meanings given them.

 

(a) "Information and telecommunications technology systems and services" means all computing and telecommunications hardware and software, the activities undertaken to secure that hardware and software, and the activities undertaken to acquire, transport, process, analyze, store, and disseminate information electronically. "Information and telecommunications technology systems and services" includes all proposed expenditures for computing and telecommunications hardware and software, security for that hardware and software, and related consulting or other professional services.

 

(b) "Information and communications telecommunications technology project" means the development or acquisition of information and communications technology devices and systems, but does not include the state information infrastructure or its contractors.

 

(b) "Data processing device or system" means equipment or computer programs, including computer hardware, firmware, software, and communication protocols, used in connection with the processing of information through electronic data processing means, and includes data communication devices used in connection with computer facilities for the transmission of data an effort to acquire or produce information and telecommunications technology systems and services.

 

(c) "Telecommunications" means voice, video, and data electronic transmissions transported by wire, wireless, fiber-optic, radio, or other available transport technology.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3394

(d) "Cyber security" means the protection of data and systems in networks connected to the Internet.

 

(c) (e) "State agency" means an agency in the executive branch of state government and includes the Minnesota Higher Education Services Office. Unless specifically provided elsewhere in this chapter, state agency or agency does not include the Minnesota State Colleges and Universities.

 

Sec. 5. Minnesota Statutes 2004, section 16E.03, subdivision 2, is amended to read:

 

Subd. 2. [COMMISSIONER'S CHIEF INFORMATION OFFICER RESPONSIBILITY.] The commissioner chief information officer shall coordinate the state's information and communications telecommunications technology systems and services to serve the needs of the state government. The commissioner chief information officer shall:

 

(1) coordinate the design of a master plan for information and communications telecommunications technology systems and services in the state and its political subdivisions and shall report on the plan to the governor and legislature at the beginning of each regular session;

 

(2) coordinate, review, and approve all information and communications telecommunications technology plans and contracts projects and oversee the state's information and communications telecommunications technology systems and services;

 

(3) establish and enforce compliance with standards for information and communications telecommunications technology systems and services that encourage competition are cost effective and support open systems environments and that are compatible with state, national, and international standards; and

 

(4) maintain a library of systems and programs developed by the state and its political subdivisions for use by agencies of government;

 

(5) direct and manage the shared operations of the state's information and telecommunications technology systems and services; and

 

(6) establish and enforce standards and ensure acquisition of hardware and software necessary to protect data and systems in state agency networks connected to the Internet.

 

Sec. 6. Minnesota Statutes 2004, section 16E.03, subdivision 3, is amended to read:

 

Subd. 3. [EVALUATION AND APPROVAL.] A state agency may not undertake an information and communications telecommunications technology project until it has been evaluated according to the procedures developed under subdivision 4. The governor or governor's designee chief information officer shall give written approval of the proposed project. If the proposed project is When notified by the chief information officer that a project has not been approved, the commissioner of finance shall cancel the unencumbered balance of any appropriation allotted for the project. This subdivision does not apply to acquisitions or development of information and communications systems that have anticipated total cost of less than $100,000. The Minnesota State Colleges and Universities shall submit for approval any project related to acquisitions or development of information and communications systems that has a total anticipated cost of more than $250,000.

 

Sec. 7. Minnesota Statutes 2004, section 16E.03, subdivision 7, is amended to read:

 

Subd. 7. [DATA CYBER SECURITY SYSTEMS.] In consultation with the attorney general and appropriate agency heads, the commissioner chief information officer shall develop data cyber security policies, guidelines, and standards, and the commissioner of administration shall install and administer state data security systems on the


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3395

state's centralized computer facility facilities consistent with these policies, guidelines, standards, and state law to ensure the integrity of computer-based and other data and to ensure applicable limitations on access to data, consistent with the public's right to know as defined in chapter 13. The chief information officer is responsible for overall security of state agency networks connected to the Internet. Each department or agency head is responsible for the security of the department's or agency's data within the guidelines of established enterprise policy.

 

Sec. 8. Minnesota Statutes 2004, section 16E.04, is amended to read:

 

16E.04 [INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS TECHNOLOGY POLICY.]

 

Subdivision 1. [DEVELOPMENT.] The office shall coordinate with state agencies in developing and establishing develop, establish, and enforce policies and standards for state agencies to follow in developing and purchasing information and communications telecommunications technology systems and services and training appropriate persons in their use. The office shall develop, promote, and coordinate manage state technology, architecture, standards and guidelines, information needs analysis techniques, contracts for the purchase of equipment and services, and training of state agency personnel on these issues.

 

Subd. 2. [RESPONSIBILITIES.] (a) In addition to other activities prescribed by law, the office shall carry out the duties set out in this subdivision.

 

(b) The office shall develop and establish a state information architecture to ensure that further state agency development and purchase of information and communications systems, equipment, and services is designed to ensure that individual agency information systems complement and do not needlessly duplicate or conflict with the systems of other agencies. When state agencies have need for the same or similar public data, the commissioner chief information officer, in coordination with the affected agencies, shall promote manage the most efficient and cost-effective method of producing and storing data for or sharing data between those agencies. The development of this information architecture must include the establishment of standards and guidelines to be followed by state agencies. The office shall ensure compliance with the architecture.

 

(c) The office shall assist state agencies in the planning and management of information systems so that an individual information system reflects and supports the state agency's mission and the state's requirements and functions. The office shall review and approve agency technology plans to ensure consistency with enterprise information and telecommunications technology strategy.

 

(d) The office shall review and approve agency requests for legislative appropriations funding for the development or purchase of information systems equipment or software prior to their inclusion in the governor's budget.

 

(e) The office shall review major purchases of information systems equipment to:

 

(1) ensure that the equipment follows the standards and guidelines of the state information architecture;

 

(2) ensure that the equipment is consistent with the information management principles adopted by the Information Policy Council;

 

(3) evaluate whether the agency's proposed purchase reflects a cost-effective policy regarding volume purchasing; and


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3396

(4) (3) ensure that the equipment is consistent with other systems in other state agencies so that data can be shared among agencies, unless the office determines that the agency purchasing the equipment has special needs justifying the inconsistency.

 

(f) The office shall review the operation of information systems by state agencies and provide advice and assistance to ensure that these systems are operated efficiently and securely, and continually meet the standards and guidelines established by the office. The standards and guidelines must emphasize uniformity that is cost-effective for the enterprise, that encourages information interchange, open systems environments, and portability of information whenever practicable and consistent with an agency's authority and chapter 13.

 

(g) The office shall conduct a comprehensive review at least every three years of the information systems investments that have been made by state agencies and higher education institutions. The review must include recommendations on any information systems applications that could be provided in a more cost-beneficial manner by an outside source. The office must report the results of its review to the legislature and the governor.

 

Subd. 3. [RISK ASSESSMENT AND MITIGATION.] (a) A risk assessment and risk mitigation plan are required for an all information systems development project estimated to cost more than $1,000,000 that is projects undertaken by a state agency in the executive or judicial branch or by a constitutional officer. The commissioner of administration chief information officer must contract with an entity outside of state government to conduct the initial assessment and prepare the mitigation plan for a project estimated to cost more than $5,000,000. The outside entity conducting the risk assessment and preparing the mitigation plan must not have any other direct or indirect financial interest in the project. The risk assessment and risk mitigation plan must provide for periodic monitoring by the commissioner until the project is completed.

 

(b) The risk assessment and risk mitigation plan must be paid for with money appropriated for the information systems development and telecommunications technology project. The chief information officer must notify the commissioner of finance when a project is underway and must identify the proposed budget for the project. The commissioner of finance shall ensure that no more than ten percent of the amount anticipated proposed budget to be spent on the project, other than the money spent on the risk assessment and risk mitigation plan, may be is spent until the risk assessment and mitigation plan are reported to the commissioner of administration chief information officer and the commissioner chief information officer has approved the risk mitigation plan.

 

Sec. 9. Minnesota Statutes 2004, section 16E.0465, subdivision 1, is amended to read:

 

Subdivision 1. [APPLICATION.] This section applies to an appropriation of more than $1,000,000 of state or federal funds to a state agency for any information and communications telecommunications technology project or data processing device or system or for any phase of such a project, device, or system. For purposes of this section, an appropriation of state or federal funds to a state agency includes an appropriation:

 

(1) to the Minnesota State Colleges and Universities;

 

(2) to a constitutional officer;

 

(3) (2) for a project that includes both a state agency and units of local government; and

 

(4) (3) to a state agency for grants to be made to other entities.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3397

Sec. 10. Minnesota Statutes 2004, section 16E.0465, subdivision 2, is amended to read:

 

Subd. 2. [REQUIRED REVIEW AND APPROVAL.] (a) A state agency receiving an appropriation for an information and communications telecommunications technology project or data processing device or system subject to this section must divide the project into phases.

 

(b) The commissioner of finance may not authorize the encumbrance or expenditure of an appropriation of state funds to a state agency for any phase of a project, device, or system subject to this section unless the Office of Technology has reviewed each phase of the project, device, or system, and based on this review, the commissioner of administration chief information officer has determined for each phase that:

 

(1) the project is compatible with the state information architecture and other policies and standards established by the commissioner of administration chief information officer; and

 

(2) the agency is able to accomplish the goals of the phase of the project with the funds appropriated; and

 

(3) the project supports the enterprise information technology strategy.

 

Sec. 11. Minnesota Statutes 2004, section 16E.055, is amended to read:

 

16E.055 [COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.]

 

A state agency that implements electronic government services for fees, licenses, sales, or other purposes must use a common Web page format approved by the commissioner of administration for those electronic government services. The commissioner may create a the single entry site created by the chief information officer for all agencies to use for electronic government services.

 

Sec. 12. Minnesota Statutes 2004, section 16E.07, subdivision 8, is amended to read:

 

Subd. 8. [SECURE TRANSACTION SYSTEM.] The office shall plan and develop a secure transaction system to support delivery of government services electronically. A state agency that implements electronic government services for fees, licenses, sales, or other purposes must use the secure transaction system developed in accordance with this section.

 

Sec. 13. [16E.14] [TECHNOLOGY REVOLVING FUND.]

 

Subdivision 1. [CREATION.] The technology revolving fund is created in the state treasury.

 

Subd. 2. [FUND.] Money in the technology revolving fund is appropriated annually to the chief information officer to operate information and telecommunications services, including management, consultation, and design services.

 

Subd. 3. [REIMBURSEMENTS.] Except as specifically provided otherwise by law, each agency shall reimburse the technology revolving fund for the cost of all services, supplies, materials, labor, and depreciation of equipment, including reasonable overhead costs, which the chief information officer is authorized and directed to furnish an agency. The chief information officer shall report the rates to be charged for the revolving fund no later than July 1 each year to the chair of the committee or division in the senate and house of representatives with primary jurisdiction over the budget of the Office of Technology.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3398

Subd. 4. [CASH FLOW.] The commissioner of finance shall make appropriate transfers to the revolving fund when requested by the chief information officer. The chief information officer may make allotments and encumbrances in anticipation of such transfers. In addition, the chief information officer, with the approval of the commissioner of finance, may require an agency to make advance payments to the revolving fund sufficient to cover the office's estimated obligation for a period of at least 60 days. All reimbursements and other money received by the chief information officer under this section must be deposited in the technology revolving fund.

 

Subd. 5. [LIQUIDATION.] If the technology revolving fund is abolished or liquidated, the total net profit from the operation of the fund must be distributed to the various funds from which purchases were made. The amount to be distributed to each fund must bear to the net profit the same ratio as the total purchases from each fund bears to the total purchases from all the funds during the same period of time.

 

Sec. 14. [EFFECTIVE DATE.]

 

Sections 1 to 13 are effective July 1, 2005.

 

ARTICLE 2

 

Section 1. Minnesota Statutes 2004, section 15.06, subdivision 1, is amended to read:

 

Subdivision 1. [APPLICABILITY.] This section applies to the following departments or agencies: the Departments of Administration, Agriculture, Commerce, Corrections, Education, Employee Relations, Employment and Economic Development, Finance, Health, Human Rights, Labor and Industry, Natural Resources, Public Safety, Human Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution Control Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation; the Bureau of Mediation Services; the Office of Technology; and their successor departments and agencies. The heads of the foregoing departments or agencies are "commissioners."

 

Sec. 2. Minnesota Statutes 2004, section 16B.04, subdivision 2, is amended to read:

 

Subd. 2. [POWERS AND DUTIES, GENERAL.] Subject to other provisions of this chapter, the commissioner is authorized to:

 

(1) supervise, control, review, and approve all state contracts and purchasing;

 

(2) provide agencies with supplies and equipment and operate all central store or supply rooms serving more than one agency;

 

(3) approve all computer plans and contracts, and oversee the state's data processing system;

 

(4) investigate and study the management and organization of agencies, and reorganize them when necessary to ensure their effective and efficient operation;

 

(5) (4) manage and control state property, real and personal;

 

(6) (5) maintain and operate all state buildings, as described in section 16B.24, subdivision 1;

 

(7) (6) supervise, control, review, and approve all capital improvements to state buildings and the capitol building and grounds;

 

(8) (7) provide central duplicating, printing, and mail facilities;


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3399

(9) (8) oversee publication of official documents and provide for their sale;

 

(10) (9) manage and operate parking facilities for state employees and a central motor pool for travel on state business;

 

(11) (10) establish and administer a State Building Code; and

 

(12) (11) provide rental space within the capitol complex for a private day care center for children of state employees. The commissioner shall contract for services as provided in this chapter. The commissioner shall report back to the legislature by October 1, 1984, with the recommendation to implement the private day care operation.

 

Sec. 3. Minnesota Statutes 2004, section 16B.48, subdivision 4, is amended to read:

 

Subd. 4. [REIMBURSEMENTS.] Except as specifically provided otherwise by law, each agency shall reimburse intertechnologies and the general services revolving funds for the cost of all services, supplies, materials, labor, and depreciation of equipment, including reasonable overhead costs, which the commissioner is authorized and directed to furnish an agency. The cost of all publications or other materials produced by the commissioner and financed from the general services revolving fund must include reasonable overhead costs. The commissioner of administration shall report the rates to be charged for each the general services revolving fund funds no later than July 1 each year to the chair of the committee or division in the senate and house of representatives with primary jurisdiction over the budget of the Department of Administration. The commissioner of finance shall make appropriate transfers to the revolving funds described in this section when requested by the commissioner of administration. The commissioner of administration may make allotments, encumbrances, and, with the approval of the commissioner of finance, disbursements in anticipation of such transfers. In addition, the commissioner of administration, with the approval of the commissioner of finance, may require an agency to make advance payments to the revolving funds in this section sufficient to cover the agency's estimated obligation for a period of at least 60 days. All reimbursements and other money received by the commissioner of administration under this section must be deposited in the appropriate revolving fund. Any earnings remaining in the fund established to account for the documents service prescribed by section 16B.51 at the end of each fiscal year not otherwise needed for present or future operations, as determined by the commissioners of administration and finance, must be transferred to the general fund.

 

Sec. 4. Minnesota Statutes 2004, section 16B.48, subdivision 5, is amended to read:

 

Subd. 5. [LIQUIDATION.] If the intertechnologies or general services revolving fund is funds are abolished or liquidated, the total net profit from the operation of each fund must be distributed to the various funds from which purchases were made. The amount to be distributed to each fund must bear to the net profit the same ratio as the total purchases from each fund bears to the total purchases from all the funds during the same period of time.

 

Sec. 5. Minnesota Statutes 2004, section 43A.08, subdivision 1a, is amended to read:

 

Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing authorities for the following agencies may designate additional unclassified positions according to this subdivision: the Departments of Administration; Agriculture; Commerce; Corrections; Education; Employee Relations; Employment and Economic Development; Finance; Health; Human Rights; Labor and Industry; Natural Resources; Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the state Board of Investment; the Office of Administrative Hearings; the Office of Technology; the Office of Environmental Assistance; the Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the Higher Education Services Office; the Perpich Center for Arts Education; and the Minnesota Zoological Board.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3400

A position designated by an appointing authority according to this subdivision must meet the following standards and criteria:

 

(1) the designation of the position would not be contrary to other law relating specifically to that agency;

 

(2) the person occupying the position would report directly to the agency head or deputy agency head and would be designated as part of the agency head's management team;

 

(3) the duties of the position would involve significant discretion and substantial involvement in the development, interpretation, and implementation of agency policy;

 

(4) the duties of the position would not require primarily personnel, accounting, or other technical expertise where continuity in the position would be important;

 

(5) there would be a need for the person occupying the position to be accountable to, loyal to, and compatible with, the governor and the agency head, the employing statutory board or commission, or the employing constitutional officer;

 

(6) the position would be at the level of division or bureau director or assistant to the agency head; and

 

(7) the commissioner has approved the designation as being consistent with the standards and criteria in this subdivision.

 

Sec. 6. Minnesota Statutes 2004, section 299C.65, subdivision 1, is amended to read:

 

Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The Criminal and Juvenile Justice Information Policy Group consists of the commissioner of corrections, the commissioner of public safety, the commissioner of administration state chief information officer, the commissioner of finance, and four members of the judicial branch appointed by the chief justice of the Supreme Court. The policy group may appoint additional, nonvoting members as necessary from time to time.

 

(b) The commissioner of public safety is designated as the chair of the policy group. The commissioner and the policy group have overall responsibility for the successful completion of statewide criminal justice information system integration (CriMNet). The policy group may hire a program manager to manage the CriMNet projects and to be responsible for the day-to-day operations of CriMNet. The policy group must ensure that generally accepted project management techniques are utilized for each CriMNet project, including:

 

(1) clear sponsorship;

 

(2) scope management;

 

(3) project planning, control, and execution;

 

(4) continuous risk assessment and mitigation;

 

(5) cost management;

 

(6) quality management reviews;

 

(7) communications management; and


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3401

(8) proven methodology.

 

(c) Products and services for CriMNet project management, system design, implementation, and application hosting must be acquired using an appropriate procurement process, which includes:

 

(1) a determination of required products and services;

 

(2) a request for proposal development and identification of potential sources;

 

(3) competitive bid solicitation, evaluation, and selection; and

 

(4) contract administration and close-out.

 

(d) The policy group shall study and make recommendations to the governor, the Supreme Court, and the legislature on:

 

(1) a framework for integrated criminal justice information systems, including the development and maintenance of a community data model for state, county, and local criminal justice information;

 

(2) the responsibilities of each entity within the criminal and juvenile justice systems concerning the collection, maintenance, dissemination, and sharing of criminal justice information with one another;

 

(3) actions necessary to ensure that information maintained in the criminal justice information systems is accurate and up-to-date;

 

(4) the development of an information system containing criminal justice information on gross misdemeanor-level and felony-level juvenile offenders that is part of the integrated criminal justice information system framework;

 

(5) the development of an information system containing criminal justice information on misdemeanor arrests, prosecutions, and convictions that is part of the integrated criminal justice information system framework;

 

(6) comprehensive training programs and requirements for all individuals in criminal justice agencies to ensure the quality and accuracy of information in those systems;

 

(7) continuing education requirements for individuals in criminal justice agencies who are responsible for the collection, maintenance, dissemination, and sharing of criminal justice data;

 

(8) a periodic audit process to ensure the quality and accuracy of information contained in the criminal justice information systems;

 

(9) the equipment, training, and funding needs of the state and local agencies that participate in the criminal justice information systems;

 

(10) the impact of integrated criminal justice information systems on individual privacy rights;

 

(11) the impact of proposed legislation on the criminal justice system, including any fiscal impact, need for training, changes in information systems, and changes in processes;

 

(12) the collection of data on race and ethnicity in criminal justice information systems;


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3402

(13) the development of a tracking system for domestic abuse orders for protection;

 

(14) processes for expungement, correction of inaccurate records, destruction of records, and other matters relating to the privacy interests of individuals; and

 

(15) the development of a database for extended jurisdiction juvenile records and whether the records should be public or private and how long they should be retained.

 

Sec. 7. Minnesota Statutes 2004, section 299C.65, subdivision 2, is amended to read:

 

Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall file an annual report with the governor, Supreme Court, and chairs and ranking minority members of the senate and house committees and divisions with jurisdiction over criminal justice funding and policy by December 1 of each year.

 

(b) The report must make recommendations concerning any legislative changes or appropriations that are needed to ensure that the criminal justice information systems operate accurately and efficiently. To assist them in developing their recommendations, the policy group shall appoint a task force consisting of its members or their designees and the following additional members:

 

(1) the director of the Office of Strategic and Long-Range Planning;

 

(2) two sheriffs recommended by the Minnesota Sheriffs Association;

 

(3) two police chiefs recommended by the Minnesota Chiefs of Police Association;

 

(4) two county attorneys recommended by the Minnesota County Attorneys Association;

 

(5) two city attorneys recommended by the Minnesota League of Cities;

 

(6) two public defenders appointed by the Board of Public Defense;

 

(7) two district judges appointed by the Conference of Chief Judges, one of whom is currently assigned to the juvenile court;

 

(8) two community corrections administrators recommended by the Minnesota Association of Counties, one of whom represents a community corrections act county;

 

(9) two probation officers;

 

(10) four public members, one of whom has been a victim of crime, and two who are representatives of the private business community who have expertise in integrated information systems;

 

(11) two court administrators;

 

(12) one member of the house of representatives appointed by the speaker of the house;

 

(13) one member of the senate appointed by the majority leader;

 

(14) the attorney general or a designee;

 

(15) the commissioner of administration state chief information officer or a designee;


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3403

(16) an individual recommended by the Minnesota League of Cities; and

 

(17) an individual recommended by the Minnesota Association of Counties.

 

In making these appointments, the appointing authority shall select members with expertise in integrated data systems or best practices.

 

(c) The commissioner of public safety may appoint additional, nonvoting members to the task force as necessary from time to time.

 

Sec. 8. Minnesota Statutes 2004, section 403.36, subdivision 1, is amended to read:

 

Subdivision 1. [MEMBERSHIP.] (a) The commissioner of public safety shall convene and chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked public safety radio communication system. The system may be referred to as "Allied Radio Matrix for Emergency Response," or "ARMER."

 

(b) The board consists of the following members or their designees:

 

(1) the commissioner of public safety;

 

(2) the commissioner of transportation;

 

(3) the commissioner of administration state chief information officer;

 

(4) the commissioner of natural resources;

 

(5) the chief of the Minnesota State Patrol;

 

(6) the commissioner of health;

 

(7) the commissioner of finance;

 

(8) two elected city officials, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governing body of the League of Minnesota Cities;

 

(9) two elected county officials, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governing body of the Association of Minnesota Counties;

 

(10) two sheriffs, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;

 

(11) two chiefs of police, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governor after considering recommendations made by the Minnesota Chiefs' of Police Association;

 

(12) two fire chiefs, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governor after considering recommendations made by the Minnesota Fire Chiefs' Association;

 

(13) two representatives of emergency medical service providers, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governor after considering recommendations made by the Minnesota Ambulance Association;


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3404

(14) the chair of the Metropolitan Radio Board; and

 

(15) a representative of Greater Minnesota elected by those units of government in phase three and any subsequent phase of development as defined in the statewide, shared radio and communication plan, who have submitted a plan to the Statewide Radio Board and where development has been initiated.

 

(c) The Statewide Radio Board shall coordinate the appointment of board members representing Greater Minnesota with the appointing authorities and may designate the geographic region or regions from which an appointed board member is selected where necessary to provide representation from throughout the state.

 

Sec. 9. [TRANSFER OF DUTIES.]

 

Responsibilities of the commissioner of administration for state telecommunications systems, state information infrastructure, and electronic conduct of state business under Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467, are transferred to the Office of Technology. All positions in the Office of Technology and the Intertechnologies Group are transferred to the Office of Technology.

 

Sec. 10. [REVISOR INSTRUCTION.]

 

In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall:

 

(1) substitute the term "chief information officer" for "commissioner" and "commissioner of administration" in the following sections of Minnesota Statutes: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; 16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and 16E.07, subdivision 4;

 

(2) recodify the following sections of Minnesota Statutes into Minnesota Statutes, chapter 16E: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.

 

Sec. 11. [REPEALER.]

 

Minnesota Statutes 2004, sections 16B.48, subdivision 3; and 16E.0465, subdivision 3, are repealed.

 

Sec. 12. [EFFECTIVE DATE.]

 

Sections 1 to 11 are effective July 1, 2005.

 

ARTICLE 3

 

Section 1. Minnesota Statutes 2004, section 204B.14, subdivision 5, is amended to read:

 

Subd. 5. [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] When If a precinct boundary has been changed or an annexation has occurred affecting a precinct boundary, the municipal clerk shall immediately notify the county auditor and secretary of state. The municipal clerk shall file a corrected base map with the secretary of state and county auditor within 30 days after the boundary change was made or, in the case of an annexation, the later of: (1) 30 days after the approval of the annexation order; or (2) the effective date of the annexation order. Upon request, the secretary of state county auditor shall provide a base map and precinct finder to the municipal clerk. The secretary of state shall update the precinct boundary database, prepare a corrected precinct map, and provide the corrected precinct map to the county auditor and the municipal clerk who shall make them available for public inspection. The municipal clerk shall prepare a corrected precinct map and provide the corrected map to the county auditor, who shall correct the precinct finder in the statewide voter registration system and make the


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3405

corrected map and precinct finder available for public inspection, and to the secretary of state, who shall update the precinct boundary database. The county auditor shall prepare and file precinct boundary maps for precincts in unorganized territories in the same manner as provided for precincts in municipalities. For every election held in the municipality the election judges shall be furnished precinct maps as provided in section 201.061, subdivision 6. If a municipality changes the boundary of an election precinct, or if an annexation affecting a precinct boundary occurs, the county auditor shall notify each school district with territory affected by the boundary change at least 30 days before the effective date of the change.

 

Sec. 2. Minnesota Statutes 2004, section 414.01, is amended by adding a subdivision to read:

 

Subd. 18. [ANNEXATIONS NOT PERMITTED AT CERTAIN TIMES.] Notwithstanding the provisions of this chapter, no annexation shall become effective between the opening of filing for a previously scheduled municipal election of the municipality which is annexing the unincorporated land and the issuance of the certificates of election to the candidates elected at that election.

 

Sec. 3. [414.0305] [MUNICIPAL ANNEXATION.]

 

Notwithstanding the provisions of this chapter, no annexation by a municipality shall be effective during the period from the opening of filing for any previously scheduled municipal election until after the end of the contest period for that election."

 

Delete the title and insert:

 

"A bill for an act relating to state government; creating the Office of Technology as a state agency; assigning duties; providing for a chief information officer; appropriating money; amending Minnesota Statutes 2004, sections 15.06, subdivision 1; 16B.04, subdivision 2; 16B.48, subdivisions 4, 5; 16E.01, subdivisions 1, 3; 16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465, subdivisions 1, 2; 16E.055; 16E.07, subdivision 8; 43A.08, subdivision 1a; 204B.14, subdivision 5; 299C.65, subdivisions 1, 2; 403.36, subdivision 1; 414.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16E; 414; repealing Minnesota Statutes 2004, sections 16B.48, subdivision 3; 16E.0465, subdivision 3."

 

 

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.

 

 

Pursuant to Joint Rule 2.03, H. F. No. 2243 was re-referred to the Committee on Rules and Legislative Administration.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 893, 1486, 1509 and 1780 were read for the second time.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3406

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Peterson, A., introduced:

 

H. F. No. 2495, A bill for an act relating to local government; providing a process for making certain county offices appointive in Lac qui Parle County.

 

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

 

 

Peterson, A., introduced:

 

H. F. No. 2496, A bill for an act relating to local government; providing a process for combining the offices of county auditor and treasurer, and making certain county offices appointive in Lac qui Parle County.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

The following message was received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 1481, A bill for an act relating to government operations; appropriating money for the general legislative and administrative expenses of state government; regulating state and local government operations; modifying provisions related to public employment; ratifying certain labor agreements and compensation plans; regulating elections and campaign finance; regulating Minneapolis teacher pensions; modifying provisions related to the military and veterans; providing conforming amendments; amending Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5, 21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07, subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision; 14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision; 16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1; 16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1, by adding a subdivision; 16C.23, by adding a subdivision; 43A.183; 43A.23, subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision 11; 190.16, by adding a subdivision; 192.19; 192.261, subdivisions 1, 2; 192.501, subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02, subdivisions 7, 23, by adding a subdivision; 201.022, by adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 1; 201.091, subdivision 5; 203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 203B.24, subdivision 1; 204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.22, subdivision 3; 204B.27, subdivisions 1, 3; 204B.33; 204C.05, subdivision 1a, by adding a subdivision; 204C.08, subdivision 1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2;


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3407

204D.03, subdivision 1; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.10, subdivision 3; 205.175, subdivision 2; 205A.05, subdivision 1; 205A.09, subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions; 206.57, subdivisions 1, 5, by adding a subdivision; 206.58, subdivision 1; 206.61, subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.01, subdivision 3; 240A.02, subdivision 3; 354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, subdivision 2; 375.20; 394.25, by adding a subdivision; 447.32, subdivision 4; 458.40; 462.357, by adding a subdivision; 465.82, subdivision 2; 465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5; 471.345, by adding a subdivision; 471.975; 473.147, by adding a subdivision; 475.521, subdivision 2; 475.58, subdivisions 1, 1a; 475.59; 507.093; 507.24, subdivision 2; Laws 2000, chapter 461, article 4, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 197; 204D; 205; 205A; 206; 298; 354A; 471; 507; proposing coding for new law as Minnesota Statutes, chapter 471B; repealing Minnesota Statutes 2004, sections 16A.151, subdivision 5; 16A.30; 16B.33; 43A.11, subdivision 2; 197.455, subdivision 3; 204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09; 240A.08; 354A.28; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Seifert moved that the House refuse to concur in the Senate amendments to H. F. No. 1481, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

 

 

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 bills to be placed on the Supplemental Calendar for the Day for Monday, May 2, 2005:

 

S. F. No. 467; H. F. No. 42; S. F. Nos. 3 and 1095; H. F. Nos. 1394, 1583 and 732; S. F. No. 2112; H. F. Nos. 2028 and 667; S. F. No. 1355; H. F. Nos. 615, 1507 and 868; S. F. No. 1869; and H. F. No. 1949.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 1692, A bill for an act relating to state government; regulating compensation plans of the State Board of Investment; amending Minnesota Statutes 2004, sections 11A.04; 11A.07, subdivision 4; 15A.0815, subdivision 2; 43A.18, by adding a subdivision.

 

 

The bill was read for the third time and placed upon its final passage.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3408

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 8 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Urdahl

Vandeveer

Wagenius

Walker

Welti

Westerberg

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, B.

Buesgens

Emmer

Erickson

Holberg

Krinkie

Olson

Westrom


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 68, A bill for an act relating to education; providing for opportunity to respond to nonrenewal of certain coaching contracts; amending Minnesota Statutes 2004, section 122A.33.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 112 yeas and 19 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Demmer

Dempsey

Dill

Dittrich

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Lanning

Larson


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3409

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Thao

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abrams

Anderson, B.

Buesgens

Dean

DeLaForest

Emmer

Erickson

Holberg

Hoppe

Klinzing

Knoblach

Kohls

Krinkie

Paulsen

Peppin

Powell

Sykora

Thissen

Vandeveer


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 894 was reported to the House.

 

 

Sertich; Cox; Anderson, I.; Dill; Solberg; Hackbarth and Rukavina moved to amend H. F. No. 894, the third engrossment, as follows:

 

Page 2, line 36, delete "mine pits,"

 

 

The motion prevailed and the amendment was adopted.

 

 

H. F. No. 894, A bill for an act relating to waters; modifying authority for public waters inventory; modifying public waters work permit and water use permit provisions; modifying enforcement authority; modifying a restriction on private land sale in Scott County; amending Minnesota Statutes 2004, sections 103G.201; 103G.2372, subdivision 1; 103G.245, subdivision 4; 103G.251, subdivision 2; 103G.301, subdivision 2; Laws 2003, First Special Session chapter 13, section 25.

 

 

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 118 yeas and 15 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3410

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Kohls

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Nornes

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

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

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, B.

Buesgens

Emmer

Erickson

Holberg

Klinzing

Knoblach

Krinkie

Newman

Olson

Penas

Peppin

Vandeveer

Wilkin

Zellers


 

 

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

 

 

S. F. No. 2112, A bill for an act relating to local government; providing for meetings of county boards at locations other than the county seat; amending Minnesota Statutes 2004, section 375.07.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


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

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

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3411

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


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 436, A bill for an act relating to natural resources; requiring commissioner's evaluation before vacating certain roads adjacent to public waters; creating right of intervention; amending Minnesota Statutes 2004, sections 164.07, subdivision 2; 412.851; 505.14.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 9 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

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

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Kohls

Krinkie

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Opatz

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Ruth

Ruud

Sailer

Samuelson

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


 

 

Those who voted in the negative were:

 


Atkins

Fritz

Heidgerken

Koenen

Lanning

Olson

Otremba

Rukavina

Vandeveer


 

 

The bill was passed and its title agreed to.


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3412

S. F. No. 3 was reported to the House.

 

 

Gunther moved to amend S. F. No. 3, the unofficial engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2004, section 177.24, subdivision 1, is amended to read:

 

Subdivision 1. [AMOUNT.] (a) For purposes of this subdivision, the terms defined in this paragraph have the meanings given them.

 

(1) "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $500,000 $1,000,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

 

(2) "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $500,000 $1,000,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

 

(b) Except as otherwise provided in sections 177.21 to 177.35, every large employer must pay each employee wages at a rate of at least $5.15 an hour beginning September 1, 1997, and at a rate of at least $6.15 an hour beginning July 1, 2005. Every small employer must pay each employee at a rate of at least $4.90 an hour beginning January 1, 1998, and at a rate of at least $5.65 an hour beginning July 1, 2005.

 

(c) Notwithstanding paragraph (b), every employer must pay each employee employed to provide waiter or waitress service at a rate of at least $5.25 an hour.

 

(d) Notwithstanding paragraph (b), during the first 90 consecutive days of employment, an employer may pay an employee under the age of 20 years a wage of $4.25 $5.25 an hour. No employer may take any action to displace any employee, including a partial displacement through a reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized in this paragraph.

 

[EFFECTIVE DATE.] This section is effective July 1, 2005."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Gunther amendment and the roll was called. There were 64 yeas and 70 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

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Meslow

Nelson, P.

Nornes

Olson

Paulsen

Penas

Peppin

Peterson, N.

Powell


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3413

Ruth

Samuelson

Seifert

Severson

Simpson

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Newman

Opatz

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Smith

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

 

 

Seifert moved to amend S. F. No. 3, the unofficial engrossment, as follows:

 

Page 1, line 12, strike "$500,000" and insert "$2,000,000"

 

Page 1, line 17, strike "$500,000" and insert "$2,000,000"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Seifert amendment and the roll was called. There were 61 yeas and 73 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dorman

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Nelson, P.

Newman

Nornes

Olson

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abeler

Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dempsey

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Erhardt

Fritz

Goodwin

Greiling


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3414

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Meslow

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Smith

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

 

 

Seifert moved to amend S. F. No. 3, the unofficial engrossment, as follows:

 

Page 1, lines 23 to 25, delete the new language

 

Page 2, line 3, delete "$5.15" and insert "$9.73"

 

Amend the title as follows:

 

Page 1, line 2, after "minimum" insert "livable"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Seifert amendment and the roll was called. There were 55 yeas and 79 nays as follows:

 

Those who voted in the affirmative were:

 


Beard

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Ellison

Emmer

Erickson

Finstad

Garofalo

Gazelka

Goodwin

Gunther

Hackbarth

Hamilton

Heidgerken

Hilty

Holberg

Hoppe

Hornstein

Klinzing

Kohls

Krinkie

Magnus

McNamara

Mullery

Murphy

Newman

Nornes

Paulsen

Peppin

Ruth

Seifert

Severson

Simpson

Soderstrom

Sykora

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Bernardy

Clark

Davnie

Dill

Dittrich

Dorn

Eastlund

Eken

Entenza

Erhardt

Fritz

Greiling

Hansen

Hausman

Hilstrom

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Meslow

Moe

Nelson, M.

Nelson, P.

Olson

Opatz

Otremba

Ozment

Paymar


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3415

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruud

Sailer

Samuelson

Scalze

Sertich

Sieben

Simon

Slawik

Smith

Solberg

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Welti


 

 

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

 

 

Ozment moved to amend S. F. No. 3, the unofficial engrossment, as follows:

 

Page 1, line 23, before "at" insert "and"

 

Page 1, line 24, delete "$5.90" and insert "$6.15" and delete everything after "2005" and delete "July" and insert "August"

 

Page 1, line 25, delete the new language

 

Page 2, line 3, delete "$5.15" and insert "$5.25" and delete "July" and insert "August"

 

Page 2, line 6, delete "$4.95" and insert "$4.90"

 

Page 2, delete section 2

 

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 Ozment amendment and the roll was called. There were 82 yeas and 50 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, I.

Atkins

Bernardy

Clark

Cox

Cybart

Davnie

Dempsey

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kelliher

Knoblach

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nornes

Opatz

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Sertich

Severson

Sieben

Simon

Slawik

Smith

Solberg

Sykora

Thao

Thissen

Tingelstad

Wagenius

Walker

Welti

Westerberg

Westrom



Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3416

Those who voted in the negative were:

 


Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Cornish

Davids

Dean

DeLaForest

Demmer

Dorman

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gazelka

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Johnson, J.

Kahn

Klinzing

Kohls

Krinkie

Lanning

Magnus

Nelson, P.

Newman

Olson

Paulsen

Penas

Peppin

Peterson, N.

Powell

Seifert

Simpson

Soderstrom

Urdahl

Vandeveer

Wardlow

Wilkin

Zellers

Spk. Sviggum


 

 

The motion prevailed and the amendment was adopted.

 

 

Seifert moved to amend S. F. No. 3, the unofficial engrossment, as amended, as follows:

 

Page 1, line 12, strike "$500,000" and insert "$1,000,000"

 

Page 1, line 17, strike "$500,000" and insert "$1,000,000"

 

 

A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

Anderson, I., raised a point of order pursuant to rule 2.05 relating to voting. The Speaker ruled the point of order not well taken.

 

 

The question recurred on the Seifert amendment and the roll was called. There were 66 yeas and 68 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

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3417

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Smith

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

 

 

POINT OF ORDER

 

Anderson, I., raised a point of order pursuant to rule 2.05 relating to voting. The Speaker ruled the point of order not well taken.

 

 

The Speaker called Abrams to the Chair.

 

 

Seifert moved to amend S. F. No. 3, the unofficial engrossment, as amended, as follows:

 

Page 1, line 12, strike "$500,000" and insert "$625,000"

 

Page 1, line 17, strike "$500,000" and insert "$625,000"

 

 

The motion prevailed and the amendment was adopted.

 

 

The Speaker resumed the Chair.

 

 

S. F. No. 3, A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 2004, section 177.24, subdivision 1.

 

 

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 84 yeas and 50 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, I.

Atkins

Bernardy

Carlson

Clark

Cox

Davnie

Dempsey

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Erhardt

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Meslow

Moe


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3418

Mullery

Murphy

Nelson, M.

Nornes

Opatz

Otremba

Ozment

Paymar

Pelowski

Penas

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Sertich

Sieben

Simon

Simpson

Slawik

Smith

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Welti

Westerberg

Westrom


 

 

Those who voted in the negative were:

 


Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dorman

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Nelson, P.

Newman

Olson

Paulsen

Peppin

Peterson, N.

Powell

Seifert

Severson

Soderstrom

Vandeveer

Wardlow

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

S. F. No. 467, A bill for an act relating to Washington County; providing conditions for the Disabled Veterans Rest Camp on Big Marine Lake; providing a property tax exemption for certain recreational property; amending Minnesota Statutes 2004, section 272.02, by adding a subdivision.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


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

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

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

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


Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3419

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The bill was passed and its title agreed to.

 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

Nelson, P., moved that the name of Pelowski be added as an author on H. F. No. 1392. The motion prevailed.

 

Cox moved that the name of Hortman be added as an author on H. F. No. 2193. The motion prevailed.

 

Dorman moved that the name of Hamilton be added as an author on H. F. No. 2320. The motion prevailed.

 

Urdahl moved that the name of Tingelstad be added as an author on H. F. No. 2492. The motion prevailed.

 

Klinzing moved that the name of Westerberg be added as an author on H. F. No. 2494. The motion prevailed.

 

Howes moved that H. F. No. 2428 be recalled from the Committee on Rules and Legislative Administration and be re-referred to the Committee on Civil Law and Elections. The motion prevailed.

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 11:00 a.m., Tuesday, May 3, 2005. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Tuesday, May 3, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



Journal of the House - 50th Day - Monday, May 2, 2005 - Top of Page 3420