STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
FIFTY-THIRD DAY
Saint Paul, Minnesota, Thursday, May 5, 2005
The House of Representatives convened at 11:45 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
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
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
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.
Clark was excused.
Ellison was excused until 4:20 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Moe 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
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 514, A bill for an act relating to gaming;
establishing a lottery board; regulating card clubs and establishing a director
of card clubs; amending Minnesota Statutes 2004, sections 240.03; 240.04, by
adding a subdivision; 240.23; 240.30, subdivisions 2, 7; 349A.01, by adding a
subdivision; 349A.08, subdivision 7; 349A.11; 349A.14; proposing coding for new
law in Minnesota Statutes, chapter 349A.
Reported the same back with the following amendments:
Page 6, after line 11, insert:
"Sec. 3. Minnesota
Statutes 2004, section 240.155, subdivision 1, is amended to read:
Subdivision 1. [REIMBURSEMENT
ACCOUNT CREDIT.] Money received by the commission as reimbursement for the
costs of services provided by veterinarians, stewards, and medical testing of
horses must be deposited in the state treasury and credited to a racing
reimbursement account, except as provided under subdivision 2. Receipts are appropriated to the commission
to pay the costs of providing the services.
Receipts deposited under section 240.30, subdivision 9, are
appropriated to the commission for the costs of regulation of card club
activities under section 240.03."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "appropriating
money;"
Page 1, line 5, before "240.23" insert "240.155,
subdivision 1;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 874, A bill for an act relating to elections;
providing for approval and purpose of certain voting equipment; appropriating
money; amending Minnesota Statutes 2004, sections 201.022, by adding a
subdivision; 206.80; proposing coding for new law in Minnesota Statutes,
chapter 206.
Reported the same back with the following amendments:
Page 3, after line 22, insert:
"Sec. 5. [206.845]
[BALLOT RECORDING AND COUNTING SECURITY.]
Subdivision 1.
[PERMITTED AND PROHIBITED MODES OF TRANSFER.] Ballot recording and
counting systems must be secured physically and electronically against unauthorized
access. Except for wired connections
within the polling place, ballot recording and counting systems must not be
connected to, or operated on, directly or indirectly,
any electronic network including internal office networks, LANs, the Internet, or
World Wide Web. Wireless communications
may not be used in any way in a vote recording or vote counting system. Wireless, device-to-device capability is not
allowed. No connection by modem is
allowed.
Transfer of information from the ballot recording or
counting system to another system for network or broadcast must be made by
disk, tape, or other physical means of communication other than direct or
indirect electronic connection of the vote recording or vote counting system.
Subd. 2.
[TRANSMIT TO CENTRAL REPORTING LOCATION.] After the close of the
polls, counties employing precinct ballot counting devices may telephonically
or electronically transmit the accumulated tally for each device to a central
reporting location. Before making a
telephonic or electronic transmission, the precinct election officer must
create a printed record of the results of the election for that precinct as
provided by rules of the secretary of state.
During the canvassing period the results transmitted telephonically or
electronically must be considered unofficial until a complete reconciliation of
the results has been performed."
Page 5, after line 8, insert:
"Subd. 4.
[SURPLUS VOTING EQUIPMENT TO BE MADE AVAILABLE.] (a) If any county or
municipality purchases or receives new voting system equipment under this
section, it may make any equipment being replaced available on a first-come,
first-served basis at no charge for transfer to any other county or
municipality which has not previously used that type or model of
equipment. A county receiving equipment
under this subdivision may also make any equipment being replaced similarly
available to any other county or municipality.
(b) The secretary of state shall establish, for information
only, a page on its Web site on which counties making equipment available
pursuant to this subdivision must post the basic specifications of the
equipment along with contact information for the staff person in the county or
municipality responsible for the equipment.
All transfer transactions are strictly between and among the counties
and municipalities.
Sec. 7. [FEDERAL FUNDS
FOR ACCESS BY DISABLED INDIVIDUALS.]
The secretary of state is authorized to apply for funds
pursuant to sections 261 to 265 of the Help America Vote Act, Public Law
107-252, to assure access for individuals with disabilities. No further appropriation by the legislature
is required, for the receipt of those funds from the federal Department of
Health and Human Services or for the distribution to local units of government
of those funds by the secretary of state for that purpose, notwithstanding
contrary provisions in Laws 2003, First Special Session chapter 7, section 1."
Page 6, line 17, delete "7" and insert "9"
Renumber the sections in sequence
With the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 514 and 874 were read for the second time.
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.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Charron, Meslow and Slawik introduced:
H. F. No. 2501, A bill for an act relating to child care;
making improvements to child care services; proposing coding for new law in
Minnesota Statutes, chapter 245A.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Opportunity Policy and Finance.
Anderson, I.; Dill and Penas introduced:
H. F. No. 2502, A resolution memorializing the President and
Congress to prohibit the importation of pseudoephedrine from other countries
into the United States.
The bill was read for the first time.
SUSPENSION
OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Anderson, I., moved that the rule therein be suspended and
an urgency be declared so that H. F. No. 2502 be given its
second and third readings and be placed upon its final passage. The motion did not prevail.
H. F. No. 2502 was referred to the Committee on Public Safety
Policy and Finance.
INTRODUCTION AND FIRST READING OF HOUSE
BILLS, Continued
The following House File was introduced:
Anderson, B., introduced:
H. F. No. 2503, A bill for an act relating to highways;
designating I-94 as 88th Infantry (Blue Devils) Division Highway; amending
Minnesota Statutes 2004, section 161.14, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Transportation.
MESSAGES
FROM THE SENATE
The following messages were 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. 1422, A bill for an act relating to the operation of
state government; making changes to health and human services programs;
changing licensing and state-operated services provisions; changing provisions
in state health care programs, changing MinnesotaCare to a forecasted program
and changing eligibility requirements and payments, allowing transfer of excess
health care access funds to the general fund, allowing the commissioner to
withhold for delinquent nursing home provider surcharges, allowing reduction of
excess assets for MA and changing other MA provisions, reducing payments to
managed care plans, establishing medical necessity standards for state health
care programs, allowing the state to recover payment for long-term care from
trusts and life estates or joint tenancy interests, and establishing a health
services policy committee and medication therapy management; establishing a value-based
nursing facility reimbursement system and changing other provisions for nursing
facilities; changing continuing care for the elderly and disabled provisions
and establishing the Minnesota partnership for long-term care programs,
increasing rate reimbursement for ICF/MR facilities, health care services, and
provider rate increases, requiring a study for dental access, establishing an
interagency work group on disability services; changing provisions for mental
health services, allowing payment for mental health telemedicine, providing
treatment foster care services and transitional youth intensive rehabilitative
mental health services; modifying health policy, establishing a Health
Information Technology and Infrastructure Advisory Committee, establishing a
rural pharmacy planning and transition grant program, requiring a report from
physicians and facilities performing abortions, classifying data in abortion
notification reports, providing education on shaking infants and children,
establishing a voluntary trauma system, trauma registry, and trauma advisory
council, establishing a cancer drug repository program, prohibiting family
grant funds to subsidize abortion services, promoting positive abortion
alternatives, establishing the unborn child pain prevention act, providing
education on postpartum depression, adjusting certain fees, providing civil and
criminal penalties; making forecast adjustments; appropriating money; and
providing for alternative funding; amending Minnesota Statutes 2004, sections
13.3806, by adding a subdivision; 16A.724; 103I.101, subdivision 6; 103I.208,
subdivisions 1, 2; 103I.235, subdivision 1; 103I.601, subdivision 2; 144.122;
144.147, subdivisions 1, 2; 144.148, subdivision 1; 144.1483; 144.1501,
subdivisions 1, 2, 3, 4; 144.226, subdivisions 1, 4, by adding subdivisions;
144.3831, subdivision 1; 144.551, subdivision 1; 144.562, subdivision 2;
144.9504, subdivision 2; 144.98, subdivision 3; 144A.071, subdivision 4a;
144A.073, by adding a subdivision; 144E.101, by adding a subdivision; 145.56,
subdivisions 2, 5; 145.924; 145.9268; 146A.11, subdivision 1; 147A.08; 150A.22;
157.011, by adding a subdivision; 157.15, by adding a subdivision; 157.16,
subdivisions 2, 3, by adding subdivisions; 157.20, subdivisions 2, 2a; 214.01,
subdivision 2; 214.06, subdivision 1, by adding a subdivision; 245.4661,
subdivisions 2, 6; 245.4885, subdivisions 1, 2, by adding a subdivision;
245A.10, subdivision 5; 245C.10, subdivisions 2, 3; 245C.32, subdivision 2;
246.0136, subdivision 1; 252.27, subdivision 2a; 253.20; 253B.02, subdivision
7; 256.01, subdivision 2, by adding subdivisions; 256.019, subdivision 1;
256.045, subdivisions 3, 3a; 256.046, subdivision 1; 256.9657, by adding a
subdivision; 256.969, subdivisions 3a, 26; 256B.02, subdivision 12; 256B.04, by
adding a subdivision; 256B.056, subdivisions 5, 5a, 5b, 7, by adding
subdivisions; 256B.057, subdivision 9; 256B.0575; 256B.0595, subdivision 2;
256B.06, subdivision 4; 256B.0621, subdivisions 2, 3, 4, 5, 6, 7, by adding a
subdivision; 256B.0625, subdivisions 2, 3a, 13, 13a, 13c, 13e, 13f, 17, by
adding subdivisions; 256B.0644; 256B.075, subdivision 2; 256B.0913,
subdivisions 2, 4; 256B.0916, by adding a subdivision; 256B.0943, subdivision
3; 256B.095; 256B.0951, subdivision 1; 256B.0952, subdivision 5; 256B.0953,
subdivision 1; 256B.15, subdivision 1; 256B.19, subdivision 1; 256B.195,
subdivision 3; 256B.32, subdivision 1; 256B.431, subdivisions 28, 29, 35, by
adding subdivisions; 256B.432, subdivisions 1, 2, 5, by adding subdivisions; 256B.434, subdivisions 3, 4,
4a, 4b, 4c, 4d, by adding subdivisions; 256B.438, subdivision 3; 256B.47,
subdivision 2; 256B.49, subdivision 16; 256B.5012, by adding a subdivision;
256B.69, subdivisions 4, 23, by adding a subdivision; 256B.75; 256B.765;
256D.03, subdivisions 3, 4, by adding subdivisions; 256D.045; 256L.01,
subdivisions 1a, 4, 5; 256L.03, subdivisions 1, 3, 5, by adding a subdivision;
256L.04, subdivisions 1, 2, 8, by adding subdivisions; 256L.05, subdivisions 2,
3, 3a, 5; 256L.06, subdivision 3; 256L.07, subdivisions 1, 3, by adding a
subdivision; 256L.09, subdivision 2; 256L.11, subdivision 6; 256L.12,
subdivision 6, by adding a subdivision; 256L.15, subdivisions 2, 3; 326.42,
subdivision 2; 471.61, by adding a subdivision; 514.981, subdivision 6; Laws
2003, First Special Session chapter 14, article 12, section 93; proposing
coding for new law in Minnesota Statutes, chapters 62J; 144; 145; 245A; 256B;
501B; repealing Minnesota Statutes 2004, sections 13.383, subdivision 3;
13.411, subdivision 3; 144.1486; 144.1502; 145.925; 146A.01, subdivisions 2, 5;
146A.02; 146A.03; 146A.04; 146A.05; 146A.06; 146A.07; 146A.08; 146A.09;
146A.10; 157.215; 256.955; 256B.075, subdivision 5; 256L.035; 256L.04,
subdivisions 7, 11; 256L.09, subdivisions 1, 4, 5, 6, 7; 295.581; Minnesota
Rules, parts 4700.1900; 4700.2000; 4700.2100; 4700.2200; 4700.2210; 4700.2300;
4700.2400; 4700.2410; 4700.2420; 4700.2500.
Patrice Dworak, First Assistant Secretary of the Senate
Bradley moved that the House refuse to concur in the Senate
amendments to H. F. No. 1422, 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.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 4.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrick E. Flahaven, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 4
A bill for an act relating to agriculture; increasing minimum
ethanol content required for gasoline sold in the state; establishing a
petroleum replacement goal; amending Minnesota Statutes 2004, section 239.791,
subdivision 1, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 239.
May 2, 2005
The Honorable James P. Metzen
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 4, report that we
have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F.
No. 4 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 239.791, subdivision 1, is amended to
read:
Subdivision 1. [MINIMUM
ETHANOL CONTENT REQUIRED.] (a) Except as provided in subdivisions 10 to 14, a
person responsible for the product shall ensure that all gasoline sold or
offered for sale in Minnesota must contain at least 10.0 percent denatured
ethanol by volume.
(b) For purposes of enforcing the minimum ethanol requirement
of paragraph (a), a gasoline/ethanol blend will be construed to be in
compliance if the ethanol content, exclusive of denaturants and permitted
contaminants, comprises not less than 9.2 percent by volume and not more than
10.0 percent by volume of the blend as determined by an appropriate United
States Environmental Protection Agency or American Society of Testing Materials
standard method of analysis of alcohol/ether content in motor fuels.
(c) The provisions of this subdivision are suspended during
any period of time that subdivision 1a, paragraph (a), is in effect.
Sec. 2. Minnesota
Statutes 2004, section 239.791, is amended by adding a subdivision to read:
Subd. 1a.
[MINIMUM ETHANOL CONTENT REQUIRED.] (a) Except as provided in
subdivisions 10 to 14, on August 30, 2013, and thereafter, a person responsible
for the product shall ensure that all gasoline sold or offered for sale in
Minnesota must contain at least 20 percent denatured ethanol by volume.
(b) For purposes of enforcing the minimum ethanol
requirement of paragraph (a), a gasoline/ethanol blend will be construed to be
in compliance if the ethanol content, exclusive of denaturants and permitted
contaminants, comprises not less than 18.4 percent by volume and not more than
20 percent by volume of the blend as determined by an appropriate United States
Environmental Protection Agency or American Society of Testing Materials
standard method of analysis of alcohol content in motor fuels.
(c) No motor fuel shall be deemed to be a defective product
by virtue of the fact that the motor fuel is formulated or blended pursuant to
the requirements of paragraph (a) under any theory of liability except for
simple or willful negligence or fraud.
This paragraph does not preclude an action for negligent, fraudulent, or
willful acts. This paragraph does not
affect a person whose liability arises under chapter 115, water pollution
control; 115A, waste management; 115B, environmental response and liability;
115C, leaking underground storage tanks; or 299J, pipeline safety; under public
nuisance law for damage to the environment or the public health; under any
other environmental or public health law; or under any environmental or public
health ordinance or program of a municipality as defined in section 466.01.
(d) This subdivision expires on December 31, 2010, if by
that date:
(1) the commissioner of agriculture certifies and publishes
the certification in the State Register that at least 20 percent of the volume
of gasoline sold in the state is denatured ethanol; or
(2) federal approval has not been granted for the use of E20
as gasoline. The United States
Environmental Protection Agency's failure
to act on an application shall not be deemed approval of the use of E20, or a
waiver under section 211(f)(4) of the Clean Air Act, United States Code, title
42, section 7545, subsection (f), paragraph (4).
Sec. 3. [239.7911]
[PETROLEUM REPLACEMENT PROMOTION.]
Subdivision 1.
[PETROLEUM REPLACEMENT GOAL.] The petroleum replacement goal of the
state of Minnesota is that at least 20 percent of the liquid fuel sold in the
state is derived from renewable sources by December 31, 2015.
Subd. 2.
[PROMOTION OF RENEWABLE LIQUID FUELS.] (a) The commissioner of
agriculture, in consultation with the commissioners of commerce and the
Pollution Control Agency, shall identify and implement activities necessary for
the widespread use of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
through 2015, the commissioners, or their designees, shall work with
representatives from the renewable fuels industry, petroleum retailers,
refiners, automakers, small engine manufacturers, and other interested groups,
to develop annual recommendations for administrative and legislative action.
(b) The activities of the commissioners under this
subdivision shall include, but not be limited to:
(1) developing recommendations for incentives for retailers
to install equipment necessary for dispensing renewable liquid fuels to the
public;
(2) obtaining federal approval for the use of E20 as
gasoline;
(3) developing recommendations for ensuring that motor
vehicles and small engine equipment have access to an adequate supply of fuel;
(4) working with the owners and operators of large corporate
automotive fleets in the state to increase their use of renewable fuels; and
(5) working to maintain an affordable retail price for
liquid fuels.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 4. [REPORT ON E20
FUEL.]
The commissioner of agriculture, in consultation with the
commissioners of employment and economic development and the Pollution Control
Agency, shall review the information and data collected in the evaluation of
any federal waiver request for the use of E20 fuel in Minnesota. The commissioner shall use existing
budgetary and staff resources in conducting the review. The review must include:
(1) issues involving the use of E20 fuel if such fuel is
mandated in Minnesota;
(2) effects of E20 on development of Minnesota's ethanol
industry; and
(3) effects of E20 on Minnesota consumers.
The commissioner shall present an initial report to the
legislative committees having jurisdiction over agriculture and environment
policy and finance on the findings of the review to the legislature by January
15, 2009, and present an updated report to those committees on January 15,
2011.
Sec. 5. [SMALL ENGINE
REPORT.]
The commissioner of commerce, in consultation with the
commissioner of agriculture, shall:
(1) solicit information from national experts and
stakeholders, which may include the United States Consumer Product Safety
Commission, and review scientific studies on the use of E20 gasoline in
motorcycles, outboard engines, snowmobiles, lawn and garden products, and other
consumer equipment powered by small spark-ignited engines;
(2) inventory and assess the availability of gasoline not
blended with ethanol throughout the state for exempt uses under Minnesota
Statutes, section 239.791, subdivisions 10 to 14, and make recommendations for
addressing those areas in which the commissioner finds unblended gasoline is
not readily available to consumers;
(3) develop recommendations for notifying consumers as to
the availability of gasoline not blended with ethanol in the state, and the
appropriate use of gasoline blended with ethanol in small spark-ignited engines
found in motorcycles, outboard engines, snowmobiles, and lawn and garden products;
and
(4) by January 15, 2008, report to the agriculture and
environmental policy committees of the house of representatives and senate on
information and activities required under clauses (1) to (3)."
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "requiring
studies and reports;"
We request adoption of this report and repassage of the bill.
Senate Conferees: Dallas C. Sams, Jim Vickerman and Steve Dille.
House Conferees: Gregory M. Davids, Rod Hamilton and Al Juhnke.
Davids moved that the report of the Conference Committee on
S. F. No. 4 be adopted and that the bill be repassed as amended
by the Conference Committee. The motion
prevailed.
S. F. No. 4, A bill for an act relating to agriculture;
increasing minimum ethanol content required for gasoline sold in the state;
establishing a petroleum replacement goal; amending Minnesota Statutes 2004,
section 239.791, subdivision 1, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 239.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 100 yeas
and 32 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Cornish
Cox
Davids
Dean
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Walker
Wardlow
Welti
Westerberg
Westrom
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, B.
Buesgens
Charron
Cybart
Davnie
DeLaForest
Dittrich
Emmer
Hausman
Hilstrom
Holberg
Hoppe
Kahn
Klinzing
Kohls
Krinkie
Lenczewski
Lesch
Mariani
Olson
Paulsen
Paymar
Peppin
Powell
Ruud
Sieben
Smith
Thao
Vandeveer
Wagenius
Wilkin
The bill was repassed, as amended by Conference, and its title
agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 1420.
H. F. No. 1420 was reported to the House.
Ozment moved to amend H. F. No. 1420, the fourth engrossment,
as follows:
Page 39, lines 29 and 32, reinstate the stricken
"constables" and delete "peace officers"
Page 40, lines 10 and 13, reinstate the stricken
"constables" and delete "peace officers"
Page 40, line 11, strike "or" and insert a comma and
after "municipality" insert ", or security guard as defined
in section 626.88"
The motion prevailed and the amendment was adopted.
Peterson, A., moved to amend H. F. No. 1420, the fourth
engrossment, as amended, as follows:
Page 3, line 18, delete "4,467,000" and insert
"4,587,000" and delete "4,197,000" and insert
"4,317,000"
Page 3, line 32, delete the first "$80,000" and
insert "$200,000" and delete the second "$80,000" and
insert "$200,000"
Page 5, line 17, delete "6,420,000" and insert
"6,300,000" and delete "7,424,000" and insert
"7,304,000"
Page 6, after line 8, insert:
"The
commissioner is instructed to implement administrative staff cost reductions of
not less than $120,000 the first year and $120,000 the second year."
A roll call was requested and properly seconded.
The question was taken on the Peterson, A., amendment and the
roll was called. There were 63 yeas and
68 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Davnie
Dill
Dittrich
Dorn
Eken
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilty
Hornstein
Hortman
Hosch
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.
Opatz
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
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
The motion did not prevail and the amendment was not adopted.
Otremba moved to amend H. F. No. 1420, the fourth engrossment,
as amended, as follows:
Page 52, delete lines 32 to 34
The motion prevailed and the amendment was adopted.
Mariani; Peterson, A.; Otremba and
Fritz moved to amend H. F. No. 1420, the fourth engrossment, as amended, as
follows:
Pages 61 to 65, delete sections 84 to 86
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 Mariani et al amendment and the
roll was called. There were 63 yeas and
69 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Bernardy
Carlson
Cox
Davnie
Dill
Dittrich
Dorn
Eken
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Those who voted in the negative were:
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Poppe
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Moe moved to amend H. F. No. 1420, the fourth engrossment, as
amended, as follows:
Page 61, line 29, delete "any member" and
insert "a majority of the members"
Page 64, line 25, delete "any member" and
insert "a majority of the members"
The motion did not prevail and the amendment was not adopted.
Ruth, Cornish, Urdahl, Ozment,
Gunther, Lieder, Juhnke, Blaine and Penas moved to amend H. F. No. 1420, the
fourth engrossment, as amended, as follows:
Page 51, after line 18, insert:
"Sec. 69.
Minnesota Statutes 2004, section 223.17, subdivision 6, is amended to
read:
Subd. 6. [FINANCIAL
STATEMENTS.] For the purpose of fixing or changing the amount of a required
bond or for any other proper reason, the commissioner shall require an annual
financial statement from a licensee which has been prepared in accordance with
generally accepted accounting principles and which meets the following
requirements:
(a) The financial statement shall include, but not be limited
to the following: (1) a balance sheet;
(2) a statement of income (profit and loss); (3) a statement of retained
earnings; (4) a statement of changes in financial position; and (5) a statement
of the dollar amount of grain purchased in the previous fiscal year of the
grain buyer.
(b) The financial statement shall be accompanied by a reviewed
financial statement or audit prepared by an independent public accountant or a
compilation report prepared by a grain commission firm approved by the
commissioner, in accordance with standards established by the American
Institute of Certified Public Accountants.
Grain buyers purchasing less than 150,000 bushels of grain per
calendar year may submit a compiled financial statement prepared by an
independent public accountant.
(c) The financial statement shall be accompanied by a
certification by the chief executive officer or the chief executive officer's
designee of the licensee, under penalty of perjury, that the financial
statement accurately reflects the financial condition of the licensee for the period
specified in the statement.
Only one financial statement must be filed for a chain of
warehouses owned or operated as a single business entity, unless otherwise
required by the commissioner. Any grain
buyer having a net worth in excess of $500,000,000 need not file the financial
statement required by this subdivision but must provide the commissioner with a
certified net worth statement. All
financial statements filed with the commissioner are private or nonpublic data
as provided in section 13.02."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Johnson, R., moved to amend H. F. No. 1420, the fourth
engrossment, as amended, as follows:
Page 61, line 23, after "recommendations"
insert "on the environmental or agricultural effects from specific
provisions in the ordinance"
Page 61, line 27, after the first comma insert "social,"
Page 64, line 19, after "recommendations"
insert "on the environmental or agricultural effects from specific
provisions in the ordinance"
Page 64, line 23, after the first comma insert "social,"
A roll call was requested and properly seconded.
The question was taken on the
Johnson, R., amendment and the roll was called. There were 64 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Cox
Davnie
Dill
Dittrich
Dorn
Eken
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Opatz
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
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
Marquart
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.
The Speaker called Emmer to the Chair.
Eken moved to amend H. F. No. 1420, the fourth engrossment, as
amended, as follows:
Page 48, after line 31, insert:
"Sec. 66.
Minnesota Statutes 2004, section 116.07, subdivision 7a, is amended to
read:
Subd. 7a. [NOTICE OF
APPLICATION FOR LIVESTOCK FEEDLOT PERMIT.] (a) A person who applies to the
Pollution Control Agency or a county board for a permit to construct or expand
a feedlot with a capacity of 500 animal units or more shall, within ten days
of applying for the permit and not less than 20 business days before the
date on which a permit is issued, provide notice to each resident and each
owner of real property within 5,000 feet of the perimeter of the proposed
feedlot. The notice may be delivered by
first class mail information on the type of
livestock and the proposed capacity of the feedlot. Notification under this subdivision is satisfied under an equal
or greater notification requirement of a county conditional use permit. A person must also send a copy of the
notice by first class mail to the clerk of the township in which the feedlot is
proposed within ten days of applying for the permit and not less than 20
business days before the date on which a permit is issued. , or in person, or by the publication in a
newspaper the local newspapers of general circulation within the
affected area and must include
(b) The agency or a county board must verify that notice was
provided as required under paragraph (a) prior to issuing a permit."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
Ozment moved to amend the Eken amendment to H. F. No. 1420, the
fourth engrossment, as amended, as follows:
Page 1, lines 14 and 15, delete the new language and reinstate
the stricken language
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 69 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.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Opatz
Ozment
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Severson
Simpson
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Davnie
Dill
Dittrich
Dorn
Eken
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Seifert
Sertich
Sieben
Simon
Slawik
Thao
Thissen
Wagenius
Walker
Welti
Westrom
The motion prevailed and the amendment to the amendment was
adopted.
Blaine moved to amend the Eken amendment, as amended, to H. F.
No. 1420, the fourth engrossment, as amended, as follows:
Page 1, line 10, delete the new language
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment, as
amended, and the roll was called. There
were 66 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
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
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
Davnie
Dill
Dittrich
Dorn
Eken
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
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
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
The motion prevailed and the amendment to the amendment, as
amended, was adopted.
The Speaker resumed the Chair.
Eken further modified his amendment, as amended, to H. F.
No. 1420, the fourth engrossment, as amended, as follows:
Page 1, line 15, strike "a" and insert "the
official" and after "newspaper" insert "of the
affected townships"
The question recurred on the Eken amendment, as amended, and
the roll was called. There were 113
yeas and 18 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Brod
Carlson
Charron
Cornish
Cox
Davids
Davnie
DeLaForest
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Finstad
Fritz
Gazelka
Greiling
Gunther
Hackbarth
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
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
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
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
Those who voted in the negative were:
Bradley
Buesgens
Cybart
Dean
Demmer
Dorman
Erickson
Garofalo
Hamilton
Holberg
Magnus
Peppin
Peterson, N.
Ruth
Vandeveer
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and the amendment, as amended, was
adopted.
Hansen, Ozment and Juhnke moved to amend H. F. No. 1420, the
fourth engrossment, as amended, as follows:
Page 67, line 12, delete "and"
Page 67, line 16, delete the period and insert "; and
(4) methods of inspection and monitoring for compliance with
fertilizer regulations to protect against the theft of anhydrous ammonia for
production of methamphetamine."
The motion prevailed and the amendment was adopted.
Atkins and Urdahl moved to amend H. F. No. 1420, the fourth
engrossment, as amended, as follows:
Page 65, line 28, delete the first comma and insert "or"
Page 65, lines 28 and 29, delete ", or a health
condition associated with weight gain or obesity and"
Page 66, lines 4 and 5, delete ", if the violation is
knowing and willful,"
Page 66, delete lines 7 to 9
The motion prevailed and the amendment was adopted.
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; providing for the issuance of
state bonds; 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, 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; 116.07, subdivision 7a;
174.52, subdivision 5; 223.17, subdivisions 3, 6; 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.
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 104 yeas and 27
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilty
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Johnson, R.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lieder
Lillie
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Opatz
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Carlson
Davnie
Entenza
Greiling
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Lesch
Liebling
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Otremba
Peterson, A.
Sieben
Thao
Thissen
Wagenius
Walker
The bill was passed, as amended, and its title agreed to.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 1481:
Seifert, DeLaForest, Blaine, Hilty and Solberg.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 902.
H. F. No. 902 was reported to the House.
Ozment moved to amend H. F. No. 902, the fourth engrossment, as
follows:
Page 49, after line 32, insert:
"(d) Off-highway motorcycles operating in closed course
competition events are excluded from the requirements of this subdivision."
The motion prevailed and the amendment was adopted.
Ozment moved to amend H. F. No. 902, the fourth engrossment, as
amended, as follows:
Page 104, line 36, after "in" insert "each
of the months of"
Page 105, line 2, after "water"
insert "and community public water supply"
The motion prevailed and the amendment was adopted.
Juhnke, Ozment, Hosch and Heidgerken moved to amend H. F. No.
902, the fourth engrossment, as amended, as follows:
Page 71, after line 8, insert:
"Sec. 52.
Minnesota Statutes 2004, section 85.015, subdivision 5, is amended to
read:
Subd. 5. [GLACIAL LAKES
TRAIL, KANDIYOHI, POPE, AND DOUGLAS COUNTIES.] (a) The trail shall originate at
Kandiyohi County Park on the north shore of Green Lake in Kandiyohi County and
thence extend northwesterly to Sibley State Park, thence northwesterly to
Glacial Lakes State Park in Pope County, thence northeasterly to Lake Carlos
State Park in Douglas County, and there terminate.
(b) Trails may be established that extend the Glacial Lakes
Trail system from New London to Cold Spring.
(c) The trail shall be developed primarily for riding
and hiking."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hackbarth, Dill and Howes moved to amend H. F. No. 902, the
fourth engrossment, as amended, as follows:
Page 11, line 4, delete "5,724,000" and insert
"8,724,000"
Page 11, line 5, delete "5,724,000" and insert
"8,724,000"
Page 55, line 5, after "grants-in-aid" insert
", trail maintenance, grooming,"
Page 57, delete section 39
Adjust totals accordingly
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Cox moved to amend H. F. No. 902, the
fourth engrossment, as amended, as follows:
Page 11, delete line 62
Page 12, delete lines 1 to 6
A roll call was requested and properly seconded.
The question was taken on the Cox amendment and the roll was
called. There were 54 yeas and 78 nays
as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Atkins
Bernardy
Carlson
Cox
Davnie
DeLaForest
Dittrich
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hansen
Hausman
Hilty
Hoppe
Hornstein
Hortman
Huntley
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Meslow
Mullery
Nelson, M.
Opatz
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Scalze
Sieben
Simon
Thao
Thissen
Wagenius
Walker
Welti
Those who
voted in the negative were:
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hosch
Howes
Jaros
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Magnus
Marquart
McNamara
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Cox moved to amend H. F. No. 902, the fourth engrossment, as
amended, as follows:
Page 44, after line 17, insert:
"Sec. 19.
Minnesota Statutes 2004, section 84.773, is amended by adding a
subdivision to read:
Subd. 1a.
[MUFFLERS.] (a) No person shall operate an off-highway vehicle unless
it is equipped with a muffler having a spark arrestor approved by the United
States Forest Service as described under Code of Federal Regulations, title 36,
section 261.52, paragraph (j).
(b) Off-highway vehicles shall not
be sold, offered for sale, or operated in this state unless equipped so that
overall noise emission does not exceed a sound level limitation of not more
than 96 decibels on the A scale from a distance of 20 inches using test
procedures and instrumentation as set forth in the Society of Automotive
Engineers' Standard, SAE J1287, June 1988, or, if different procedures or
instrumentation are used, a noise level equivalent to that level.
(c) No noise suppressing system or muffler on an off-highway
vehicle shall be equipped with a cutout, bypass, or similar device and no
person shall modify or alter that system or its operation in any manner that
will amplify or increase the noise emitted by the vehicle's motor to exceed the
noise limits established in this subdivision, except for organized events as
authorized by sections 84.795, subdivision 7; 84.804, subdivision 5; and
84.928, subdivision 5."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Cox amendment and the roll was
called. There were 43 yeas and 89 nays
as follows:
Those who voted in the affirmative were:
Carlson
Cox
Davnie
Dempsey
Ellison
Entenza
Erhardt
Greiling
Hansen
Hausman
Hornstein
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Newman
Paymar
Pelowski
Peterson, S.
Poppe
Ruud
Scalze
Sieben
Slawik
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Penas
Peppin
Peterson, A.
Peterson, N.
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simon
Simpson
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
The Speaker called Opatz to the
Chair.
Westrom, Magnus and Rukavina moved to amend H. F. No. 902, the
fourth engrossment, as amended, as follows:
Page 126, line 34, after the period, insert "In the event
a boat trailer is forfeited, the proceeds of the sale must be transferred to
the court with jurisdiction over the designated offense for the purpose of
paying fines or restitution on behalf of the defendant."
A roll call was requested and properly seconded.
The question was taken on the Westrom et al amendment and the
roll was called. There were 53 yeas and
79 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bradley
Brod
Charron
Demmer
Dempsey
Dill
Dittrich
Ellison
Finstad
Fritz
Hamilton
Hansen
Holberg
Hosch
Howes
Jaros
Juhnke
Knoblach
Koenen
Krinkie
Lanning
Latz
Magnus
Marquart
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Pelowski
Peterson, A.
Rukavina
Sailer
Samuelson
Seifert
Sertich
Simpson
Soderstrom
Solberg
Sykora
Tingelstad
Vandeveer
Westerberg
Westrom
Zellers
Those who voted in the negative were:
Abrams
Bernardy
Blaine
Buesgens
Carlson
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Kahn
Kelliher
Klinzing
Kohls
Larson
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
McNamara
Meslow
Moe
Mullery
Murphy
Paulsen
Paymar
Penas
Peppin
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Scalze
Severson
Sieben
Simon
Slawik
Smith
Thao
Thissen
Urdahl
Wagenius
Walker
Wardlow
Welti
Wilkin
The motion did not prevail and the amendment was not adopted.
Rukavina moved to amend H. F. No. 902, the fourth engrossment,
as amended, as follows:
Page 10, after line 33, insert:
"At least 50 percent of
any full-time equivalent reductions in the forestry division must be made in
the St. Paul office. This requirement
may not be met by leaving vacancies unfilled."
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Anderson, B., moved to amend H. F. No. 902, the fourth
engrossment, as amended, as follows:
Page 117, line 10, after the period insert:
"No money may be distributed by the council under this
section until the amount and the recipient of each proposed distribution are
specified in a law passed by the legislature and signed by the governor."
Solberg and Juhnke moved to amend the Anderson, B., amendment
to H. F. No. 902, the fourth engrossment, as amended, as follows:
Page 1, after line 7, insert:
"Pages 112 to 114, delete sections 128 to 130
Page 114, line 14, delete "11" and insert
"21"
Page 114, line 15, after "members" insert
", 7 citizens and 7 members each from the senate and house of
representatives"
Page 114, line 16, after "Each" insert "citizen"
Page 114, line 18, delete "six" and insert
"four"
Page 114, line 22, delete "prospective" and
insert "citizen"
Page 114, line 25, delete "Prior"
Page 114, delete lines 26 to 28
Page 114, after line 28, insert:
"(c) The legislative members of the council must
consist of the chairs of the house and senate committees on environment and
natural resources or designees appointed for the terms of the chairs, the
chairs of the house and senate committees on environment and natural resources
finance or designees appointed for the terms of the chairs, the chairs of the
house and senate committees on governmental operations or designees appointed
for the terms of the chairs, the chairs of the house Ways and Means and Senate
Finance Committees or designees appointed for the terms of the chairs, three
minority members of the senate appointed by the Subcommittee on Committees of
the Committee on Rules and Administration, and three minority members of the
house appointed by the speaker.
Members are entitled to reimbursement for per diem
expenses plus travel expenses incurred in the services of the commission."
Page 114, line 29, delete "(c)" and insert
"(d)"
Page 114, line 32, delete "eight" and insert
"twelve"
Page 114, line 34, delete "governor" and
insert "council members"
Page 115, line 12, delete "eight" and insert
"twelve"
Page 116, delete lines 2 to 14 and renumber subdivisions
Pages 116 to 118, delete sections 133 to 135
Pages 118 and 119, delete section 137
Page 119, delete lines 19 to 21
Page 120, line 34, strike "peer review panelist"
Page 121, line 8, delete the colon and insert "does not
comply with Minnesota Statutes, section 10A.07."
Page 121, delete lines 9 to 23
Page 121, delete the new language on lines 35 and 36
Page 122, delete line 1"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 69 yeas
and 63 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Bernardy
Carlson
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
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.
Opatz
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:
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
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
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and the amendment to the amendment was
adopted.
Anderson, B., requested that his amendment, as amended, to H.
F. No. 902, the fourth engrossment, as amended, be withdrawn. The request was granted.
Emmer moved to amend H. F. No. 902, the fourth engrossment, as
amended, as follows:
Page 47, delete section 22
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 Emmer amendment and the roll was
called. There were 45 yeas and 87 nays
as follows:
Those who voted in the affirmative were:
Abrams
Anderson, B.
Blaine
Bradley
Brod
Buesgens
Charron
Cybart
Davids
Dean
DeLaForest
Demmer
Dorman
Emmer
Erickson
Finstad
Gazelka
Gunther
Hamilton
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Magnus
Newman
Olson
Paulsen
Peppin
Powell
Ruth
Samuelson
Seifert
Severson
Soderstrom
Sykora
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Anderson, I.
Atkins
Beard
Bernardy
Carlson
Cornish
Cox
Davnie
Dempsey
Dittrich
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Fritz
Garofalo
Goodwin
Greiling
Hackbarth
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Nornes
Opatz
Otremba
Ozment
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Welti
The motion did not prevail and the amendment was not adopted.
The Speaker called Abrams to the Chair.
Hackbarth moved to amend H. F. No. 902, the fourth engrossment,
as amended, as follows:
Page 114, line 13, delete everything after "created"
and insert "as an advisory council under section 15.059. The council shall consist of eight citizen
members and eight legislative members.
The legislative members shall consist of the chairs and ranking members
of the committees of the house of representatives and the senate with
jurisdiction over environment and natural resources policy and finance, or
their designees."
Page 114, delete line 14
Page 114, line 15, delete "members."
Page 114, line 15, after "of" insert "citizens"
Page 114, line 16, after "Each" insert "citizens"
Page 114, line 18, delete "six" and insert
"four"
Page 114, line 19, delete "at least"
Page 114, line 22, after "prospective" insert
"citizen"
Page 114, line 30, after the first "of" insert
"citizens"
Page 114, line 31, delete "15.0575" and insert
"15.059" and after the period, insert "This advisory
council does not expire." and after "A" insert "citizen"
Page 114, line 32, delete "eight" and insert
"twelve"
Page 114, line 34, after "a" insert "citizen"
Page 115, line 12, delete "eight" and insert
"twelve"
Page 116, line 30, delete everything after "(a)"
and insert "For the fiscal biennium beginning July 1, 2007, and each
biennium thereafter, the amount of the environment and natural resources trust
fund that is available for appropriation under the terms of the Minnesota
Constitution, article XI, section 14, shall be appropriated by a law passed by
the legislature and signed by the governor to the commissioner of finance for
expenditures to be made according to the provisions of
this paragraph. The council shall
submit its recommendations under section 116P.08, subdivision 3. The governor shall approve or disapprove each
council recommendation. The
commissioner of finance shall allocate and expend funds for the council
recommendations that the governor has approved, in accordance with the terms of
the approved recommendation."
Page 116, delete lines 31 to 36
Page 117, delete line 1
Page 117, line 31, delete "decisions" and
insert "recommendations to the governor"
Page 156, line 25, after "chair" insert "and
one member"
Page 156, line 26, delete "three" and insert
"two"
Page 156, line 27, delete "three" and insert
"two" and after the semicolon, insert "and"
Page 156, line 28, delete "; and" and insert a
period
Page 156, delete line 29
A roll call was requested and properly seconded.
The question was taken on the Hackbarth amendment and the roll
was called. There were 62 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
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Nornes
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Davnie
DeLaForest
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
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
Olson
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson,
S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
The motion did not prevail and the amendment was not adopted.
Atkins was excused for the remainder of today's session.
The Speaker resumed the Chair.
Heidgerken and Urdahl moved to amend H. F. No. 902, the fourth
engrossment, as amended, as follows:
Page 10, line 38, delete "19,279,000" in both places,
and insert "22,579,000" in both places
Page 10, line 39, delete "13,336,000" and insert
"17,488,000" and delete "13,424,000" and insert
"17,576,000"
Page 10, after line 52, insert:
"$3,300,000
from the general fund and $4,152,000 from the natural resources fund in each
year of the 2006-2007 biennium are for grants to local units of government for
the acquisition and operation of regional parks outside of the seven county
metropolitan area."
Page 18, delete lines 17 to 33
A roll call was requested and properly seconded.
The question was taken on the Heidgerken and Urdahl amendment
and the roll was called. There were 40
yeas and 91 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Brod
Demmer
Dempsey
Dill
Dorman
Eken
Emmer
Erickson
Finstad
Hamilton
Heidgerken
Hosch
Juhnke
Knoblach
Koenen
Lanning
Liebling
Magnus
Marquart
Moe
Newman
Nornes
Olson
Opatz
Otremba
Peterson, A.
Poppe
Rukavina
Ruth
Sailer
Seifert
Sertich
Severson
Simpson
Soderstrom
Urdahl
Welti
Westrom
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Bernardy
Blaine
Bradley
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Dittrich
Dorn
Eastlund
Ellison
Entenza
Erhardt
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Kahn
Kelliher
Klinzing
Kohls
Krinkie
Larson
Latz
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Mahoney
Mariani
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Nelson, P.
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, N.
Peterson, S.
Powell
Ruud
Samuelson
Scalze
Sieben
Simon
Slawik
Smith
Sykora
Thao
Thissen
Tingelstad
Vandeveer
Wagenius
Walker
Wardlow
Westerberg
Wilkin
Zellers
The motion did not prevail and the amendment was not adopted.
Solberg and Juhnke moved to amend H. F. No. 902, the fourth
engrossment, as amended, as follows:
Pages 112 to 114, delete sections 128 to 130
Page 114, line 14, delete "11" and insert
"21"
Page 114, line 15, after "members" insert
", 7 citizens and 7 members each from the senate and house of
representatives"
Page 114, line 16, after "Each" insert "citizen"
Page 114, line 18, delete "six" and insert
"four"
Page 114, line 22, delete "prospective" and
insert "citizen"
Page 114, line 25, delete "Prior"
Page 114, delete lines 26 to 28
Page 114, after line 28, insert:
"(c) The legislative members of the council must
consist of the chairs of the house and senate committees on environment and
natural resources or designees appointed for the terms of the chairs, the
chairs of the house and senate committees on environment and natural resources
finance or designees appointed for the terms of the chairs, the chairs of the
house and senate committees on governmental operations or designees appointed
for the terms of the chairs, the chairs of the house Ways and Means and Senate
Finance Committees or designees appointed for the terms of the chairs, three
minority members of the senate appointed by the Subcommittee on Committees of
the Committee on Rules and Administration, and three minority members of the
house appointed by the speaker.
Members are entitled to reimbursement for per diem expenses
plus travel expenses incurred in the services of the commission."
Page 114, line 29, delete "(c)" and insert
"(d)"
Page 114, line 32, delete "eight" and insert
"twelve"
Page 114, line 34, delete "governor"
and insert "council members"
Page 115, line 12, delete "eight" and insert
"twelve"
Page 116, delete lines 2 to 14 and renumber subdivisions
Pages 116 to 118, delete sections 133 to 135
Pages 118 and 119, delete section 137
Page 119, delete lines 19 to 21
Page 120, line 34, strike "peer review panelist"
Page 121, line 8, delete the colon and insert "does not
comply with Minnesota Statutes, section 10A.07."
Page 121, delete lines 9 to 23
Page 121, delete the new language on lines 35 and 36
Page 122, delete line 1
A roll call was requested and properly seconded.
The question was taken on the Solberg and Juhnke amendment and
the roll was called. There were 66 yeas
and 66 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Bernardy
Carlson
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
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.
Opatz
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
Dorman
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
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.
Cox moved to amend H. F. No. 902, the fourth engrossment, as
amended, as follows:
Pages 152 and 153, delete section 163
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Cox amendment and the roll was
called. There were 56 yeas and 76 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Bernardy
Carlson
Cox
Davnie
Dittrich
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hoppe
Hornstein
Hortman
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Meslow
Moe
Mullery
Nelson, M.
Opatz
Paulsen
Paymar
Peterson, A.
Peterson, S.
Poppe
Ruud
Scalze
Sieben
Simon
Slawik
Thao
Thissen
Tingelstad
Wagenius
Walker
Welti
Those who voted in the negative were:
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Hilty
Holberg
Hosch
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lieder
Magnus
Marquart
McNamara
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Pelowski
Penas
Peppin
Peterson, N.
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Solberg
Sykora
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
H. F. No. 902, A bill for an act relating to state
government; appropriating money for environmental and natural resources
purposes; establishing and modifying certain programs; reorganizing environmental
agencies; providing for regulation of certain activities and practices;
providing for accounts, assessments, and fees; amending Minnesota Statutes
2004, sections 15.01; 16A.125, subdivision 5; 84.027, subdivisions 12, 15, by
adding a subdivision; 84.0274, by adding subdivisions; 84.0911, subdivision 2;
84.631; 84.775, subdivision 1; 84.788, subdivision 3, by adding a subdivision;
84.789, by adding a subdivision; 84.791, subdivisions 1, 2; 84.798, subdivision
1, by adding a subdivision; 84.804, subdivision 3; 84.82, subdivision 2, by
adding a subdivision; 84.8205, subdivisions 1, 3, 4, 6; 84.83, subdivision 3;
84.86, subdivision 1; 84.91, subdivision 1; 84.922, subdivision 2, by adding a
subdivision; 84.925, subdivision 1, by adding a subdivision; 84.9256,
subdivision 1; 84.9257; 84.926; 84.928, subdivisions 1, 2; 84D.03, subdivision
4; 85.015, subdivision 5; 85.053, subdivisions 1, 2; 85.055, subdivision 2, by
adding a subdivision; 85.42; 85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by
adding a subdivision; 88.17, subdivision 1, by adding subdivisions; 88.6435,
subdivision 4; 89.039, subdivision 1; 89.19, subdivision 2; 89.36, subdivision
2; 89.37, subdivision 4; 92.03, subdivision 4; 93.22, subdivision 1; 94.342,
subdivisions 1, 3, 4, 5; 94.343, subdivisions 1, 3, 7, 8, 10, by adding
subdivisions; 94.344, subdivisions 1, 3, 5, 8, 10, by adding a subdivision;
97A.055, subdivision 4b; 97A.061, by adding a subdivision; 97A.071, subdivision
2; 97A.075, subdivision 3; 97A.135, subdivision 2a; 97A.4742, subdivision 4;
97A.485, subdivisions 6, 7; 97A.551, by adding a subdivision; 97B.015,
subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 97C.085; 97C.327; 97C.395,
subdivision 1; 103F.535, subdivision 1; 103G.271, subdivision 6; 103G.301,
subdivision 2; 103G.615, subdivision 2; 103I.681, subdivision 11; 115.06,
subdivision 4; 115.551; 115A.03, subdivisions 21, 32a; 115A.06, subdivision 5;
115A.07, subdivision 1; 115A.072, subdivision 1; 115A.12; 115A.15, subdivision
7; 115A.38, subdivision 1; 115A.545, subdivision 1; 115A.929; 116.03,
subdivision 1; 116.07, subdivision 4b; 116P.02, by adding a subdivision;
116P.03; 116P.04, subdivision 5; 116P.05, subdivision 2; 116P.07; 116P.08,
subdivisions 3, 5, 6, 7, by adding subdivisions; 116P.09; 116P.10; 116P.11;
116P.12, subdivision 2; 116P.15, subdivision 2; 168.1296, subdivision 1;
169A.63, subdivision 6; 216B.2424, subdivisions 1, 2, 5a, 6, 8, by adding a
subdivision; 282.08; 282.38, subdivision 1; 296A.18, subdivision 2; 297H.13,
subdivision 2; 349.12, subdivision 25; 462.357, subdivision 1e; 473.846;
477A.12, by adding a subdivision; 477A.145; Laws 2003, chapter 128, article 1,
section 5, subdivision 6; Laws 2003, chapter 128, article 1, section 9,
subdivision 6; Laws 2003, chapter 128, article 1, section 167, subdivision 1;
Laws 2004, chapter 220, section 1; proposing coding for new law in Minnesota
Statutes, chapters 84; 86B; 92; 93; 97C; 116; 116P; 473; repealing Minnesota
Statutes 2004, sections 84.901; 85.054, subdivision 1; 94.343, subdivision 6;
94.344, subdivision 6; 94.348; 94.349; 115A.03, subdivisions 8a, 22a; 115A.055,
subdivision 1; 115A.158, subdivision 3; 115D.03, subdivision 4; 116.02,
subdivision 5; 116.04; 116P.02, subdivisions 2, 4; 116P.05; 116P.06; 116P.08,
subdivision 4; 473.197, subdivisions 1, 2, 3, 5; 473.801, subdivision 6.
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 68 yeas and 64
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
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.
Bernardy
Carlson
Cox
Davnie
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Olson
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
The bill was passed, as amended, and its title agreed to.
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 Thursday, May 5, 2005:
H. F. Nos. 1809 and 1669;
S. F. No. 1335; and H. F. No. 987.
CALENDAR FOR THE DAY
Paulsen moved that the Calendar for the Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Davids moved that the name of Poppe be added as an author on
H. F. No. 79. The motion
prevailed.
Cybart moved that the name of Otremba be added as an author on
H. F. No. 455. The
motion prevailed.
Abeler moved that the names of Tingelstad and Samuelson be
added as authors on H. F. No. 770. The motion prevailed.
Slawik moved that the name of Poppe be added as an author on
H. F. No. 976. The
motion prevailed.
Holberg moved that the name of Erickson be added as an author
on H. F. No. 1948. The
motion prevailed.
Knoblach moved that his name be stricken as an author on
H. F. No. 1949. The
motion prevailed.
Beard moved that his name be stricken as an author on
H. F. No. 2481. The
motion prevailed.
Cornish introduced:
House Resolution No. 13, A House resolution recognizing the
week of May 15, 2005, as Police Week and May 15, 2005, as Peace Officers
Memorial Day.
The resolution was referred to the Committee on Rules and
Legislative Administration.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 9:30 a.m., Friday, May 6, 2005.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 9:30 a.m., Friday, May 6, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives