STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
NINETY-NINTH DAY
The House of Representatives convened at
10:00 a.m. and was called to order by Gregory M. Davids, Speaker pro tempore.
Prayer was offered by the Reverend Daniel
Patz, Grace Church, Wyoming,
The members of the House gave the pledge
of allegiance to the flag of the
The roll was called and the following
members were present:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
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
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
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
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
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Huntley was excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. Charron
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
REPORTS
OF STANDING COMMITTEES
Seifert
from the Committee on State Government Finance to which was referred:
H. F. No.
3693, A bill for an act relating to state government finance; appropriating
money for the legislators' forum.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Rules and Legislative Administration.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 3718, A bill for an act relating to transportation;
requiring language that the state will purchase plug-in hybrid electric
vehicles when commercially available to be inserted in certain bid documents;
creating a task force.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
S. F. No. 1940, A bill for an act relating to metropolitan
government; requiring senate confirmation of the chair of the Metropolitan
Airports Commission; providing a residency requirement and for terms of office
for members of the Metropolitan Council and the Metropolitan Airports
Commission; creating a nominating committee; modifying a reporting requirement; amending Minnesota Statutes 2004,
sections 473.123, subdivisions 2a, 3; 473.604, subdivision 1; 473.621,
subdivision 1b.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
S. F. No. 2634, A bill for an act relating to state
employment; ratifying certain labor agreements and compensation plans.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Rules and Legislative
Administration.
The report was adopted.
SECOND
READING OF HOUSE BILLS
H. F. No. 3718 was read for the second
time.
SECOND
S. F. No. 1940 was read for the second
time.
INTRODUCTION AND FIRST
The following House Files were introduced:
Latz introduced:
H. F. No. 4180, A bill for an act relating
to courts; modifying the filing fee for a facsimile transmission; amending
Minnesota Statutes 2004, section 357.021, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
Eken and Marquart introduced:
H. F. No. 4181, A bill for an act relating
to local government aid; modifying the city aid base; amending Minnesota
Statutes 2005 Supplement, section 477A.011, subdivision 36.
The bill was read for the first time and
referred to the Committee on Taxes.
Ruud introduced:
H. F. No. 4182, A bill for an act relating
to human services; establishing the Office of the Ombudsman for Kinship Care;
requiring a report; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 256.
The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
MESSAGES
FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No.
2985, A bill for an act relating to funerals; prohibiting the disruption of a
funeral, burial service, or memorial service; creating penalties and providing
civil remedy; proposing coding for new law in Minnesota Statutes, chapter 609.
The Senate
has repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said House File is
herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 3111, A bill for an act relating
to human services; providing for interstate contracts for chemical health
services; amending Minnesota Statutes 2004, section 245.50, subdivisions 1, 2,
5.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 3285, A bill for an act relating
to metropolitan land use planning; removing the requirement for metropolitan
council review of school district capital improvement programs; amending
Minnesota Statutes 2004, sections 473.175; 473.851; 473.852, subdivision 4; 473.854;
473.856; 473.857, subdivisions 1, 3; 473.864.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 3087, 3059, 3551, 2374, 2660,
2939, 2982 and 3146.
Patrick E. Flahaven, Secretary
of the Senate
FIRST
READING OF SENATE BILLS
S. F. No.
3087, A bill for an act relating to child care; changing the requirement for
use of child passenger restraint systems; amending Minnesota Statutes 2005
Supplement, section 245A.18, subdivision 2.
The bill
was read for the first time.
Finstad
moved that S. F. No. 3087 and H. F. No. 3368, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
3059, A bill for an act relating to human services; making changes to
continuing care provisions and elderly and disabled services; expanding sick
leave benefits; amending Minnesota Statutes 2004, sections 144.0724,
subdivisions 3, 4; 181.9413; 256B.434, by adding a subdivision; 256B.438,
subdivision 4; Minnesota Statutes 2005 Supplement, sections 144A.071,
subdivision 1a; 256B.434, subdivision 4.
The bill
was read for the first time and referred to the Committee on Health Policy and
Finance.
S. F. No.
3551, A bill for an act relating to real estate appraisers; regulating
trainees; modifying appraiser education, experience, and examination
requirements; amending Minnesota Statutes 2004, section 82B.11, subdivisions 2,
3; Minnesota Statutes 2005 Supplement, sections 82B.095; 82B.13, subdivisions
1, 4, 5, by adding subdivisions; 82B.14.
The bill
was read for the first time.
Soderstrom
moved that S. F. No. 3551 and H. F. No. 3890, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
2374, A bill for an act relating to dogs; modifying notice requirements for
unlicensed dogs that are seized; amending Minnesota Statutes 2004, section
347.14, subdivision 2.
The bill
was read for the first time.
Meslow
moved that S. F. No. 2374 and H. F. No. 3691, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
2660, A bill for an act relating to local government; modifying land dedication
requirements; permitting the Minneapolis Park and Recreation Board and the
Minneapolis City Council to impose a park dedication fee on new housing units;
amending Minnesota Statutes 2004, section 462.358, subdivision 2b.
The bill
was read for the first time.
Hornstein moved
that S. F. No. 2660 and H. F. No. 3095, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S.
F. No. 2939, A bill for an act relating to the city of Pennock; authorizing the
city to acquire a certain parcel of real estate and appurtenant building and to
expend city funds to improve the building; authorizing the city to convey the
parcel to a private entity to be operated as a commercial establishment;
authorizing the city to issue bonds.
The bill
was read for the first time.
Juhnke
moved that S. F. No. 2939 and H. F. No. 3446, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
2982, A bill for an act relating to public safety; clarifying that unauthorized
racing is considered reckless driving; prohibiting exhibition driving; amending
Minnesota Statutes 2004, section 169.13.
The bill
was read for the first time and referred to the Committee on Public Safety
Policy and Finance.
S. F. No.
3146, A bill for an act relating to human services; modifying the definition of
"completion date" for nursing home construction projects; removing
the limit on certain nursing facility planned closure rate adjustments;
modifying notice requirements for nursing home and board and care home resident
relocation; modifying certain construction project rate adjustments; requiring
weekly status reports; amending Minnesota Statutes 2004, sections 144A.161;
256B.434, by adding a subdivision; 256B.437, subdivision 3; Minnesota Statutes
2005 Supplement, sections 144A.071, subdivision 1a; 256B.0918, subdivisions 1,
3, 4; 256B.434, subdivision 4; Laws
2005, First Special Session chapter 4, article 9, section 5, subdivision 8.
The bill
was read for the first time.
Samuelson
moved that S. F. No. 3146 and H. F. No. 3483, now on the General Register, be
referred to the Chief Clerk for comparison.
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.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested
immediate consideration of H. F. No. 4142.
H. F. No. 4142 was reported
to the House.
Krinkie moved to amend H. F. No. 4142, the
second engrossment, as follows:
Page 3, line 28, after "paid"
insert ", and any land sales under section 2"
Page 3, line 34, delete "$1,260,000"
and insert "$1,100,000"
Page 4, line 25, delete "$1,069,650"
and insert "$907,900"
Page 5, line 4, delete "16A.152,"
and insert "16A.1522,"
The motion prevailed and the amendment was
adopted.
CALL OF THE HOUSE
On the motion of Sertich 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.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
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
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
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
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
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.
Marquart; Carlson; Johnson, R.; Rukavina;
Dorman; Peterson, A.; Dill; Johnson, S.; Liebling; Kahn; Goodwin; Hilty; Latz;
Moe; Hosch; Sailer; Bernardy; Haws; Eken; Slawik; Peterson, S.; Lesch;
Greiling; Poppe; Fritz; Solberg; Hortman; Lieder; Otremba; Lillie; Kelliher;
Hausman; Lenczewski and Scalze offered an amendment to
H. F. No. 4142, the second engrossment, as amended.
POINT
OF ORDER
Paulsen raised a point of order pursuant
to rule 3.21 that the Marquart et al amendment was not in order. The Speaker
ruled the point of order well taken and the Marquart et al amendment out of
order.
Entenza appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 67 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Atkins
Bernardy
Carlson
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Welti
So it was the judgment of the House that
the decision of the Speaker should stand.
Davnie moved to amend H. F. No. 4142, the
second engrossment, as amended, as follows:
Page 1, line 7, after "amount"
insert "; homeowners"
Page 1, line 12, after "homestead"
insert "or $450, whichever is less"
Page 1, after line 12 insert:
"Subd. 1a.
Eligibility; amount; renters. (a) An individual who is eligible for a
property tax refund based on rent paid in 2005 under
(b) On or before October 1, 2006, the commissioner of revenue
shall pay the eligible renter a property tax rebate equal to 9 percent of the
property tax refund allowed under section 290A.04, subdivision 2a, based on
rent paid in 2005 and for which the renter files a claim on or before August
15, 2006.
(c) The amount allowed under paragraph (b) of this
subdivision is not subject to the limitations on the maximum amount of a refund
under Minnesota Statutes, section 290A.04, subdivision 2a."
A roll call was requested and properly
seconded.
The question was taken on the Davnie
amendment and the roll was called. There
were 66 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
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.
Otremba
Paymar
Pelowski
Peterson, A.
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
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
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
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
Bernardy, Sieben, Dorman, Atkins and
Greiling offered an amendment to H. F. No. 4142, the second
engrossment, as amended.
POINT OF ORDER
Paulsen raised a point of order pursuant
to rule 3.21 that the Bernardy et al amendment was not in order. The Speaker ruled the point of order well
taken and the Bernardy et al amendment out of order.
Bernardy appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
Paulsen moved that those not voting be
excused from voting. The motion prevailed.
There were 68 yeas and 63 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
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
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
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
So it was the judgment of the House that
the decision of the Speaker should stand.
Marquart and Atkins offered an amendment
to H. F. No. 4142, the second engrossment, as amended.
POINT OF ORDER
Krinkie raised a point of order pursuant
to rule 3.21 that the Marquart and Atkins amendment was not in order. The Speaker ruled the point of order well
taken and the Marquart and Atkins amendment out of order.
The Speaker called Abrams to the Chair.
H. F. No. 4142, A bill for an act relating
to taxation; providing a property tax rebate; providing for the sale of certain
state lands to offset administrative costs of the rebate; appropriating money.
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 86 yeas and 47 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Eastlund
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Latz
Liebling
Lillie
Magnus
McNamara
Meslow
Moe
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Bernardy
Clark
Davnie
Dill
Dorman
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Lenczewski
Lesch
Lieder
Loeffler
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Peterson, A.
Rukavina
Sertich
Sieben
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
The bill was passed, as amended, and its
title agreed to.
The Speaker resumed the Chair.
CALL OF THE HOUSE LIFTED
Sertich moved that the call of the House be suspended. The motion prevailed and it was so ordered.
CALENDAR FOR THE DAY
Paulsen moved that the Calendar for the Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Ruud moved that her name be stricken as an author on
H. F. No. 854. The motion
prevailed.
Sykora moved that the name of Simon be added as an author on
H. F. No. 4173. The
motion prevailed.
Knoblach moved that H. F. No. 2916, now on the
General Register, 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 10:00 a.m., Thursday, May 4, 2006.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 10:00 a.m., Thursday, May 4, 2006.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives