STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
ONE HUNDRED THIRD DAY
The House of Representatives convened at
10:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Pastor Bob Hoyt,
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
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
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.
The Chief Clerk proceeded to read the
Journal of the preceding day. Cornish
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 CHIEF CLERK
S. F. No. 358 and
H. F. No. 295, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Davnie moved that the rules be so far
suspended that S. F. No. 358 be substituted for
H. F. No. 295 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3017 and
H. F. No. 3366, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Welti moved that the rules be so far
suspended that S. F. No. 3017 be substituted for
H. F. No. 3366 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING
COMMITTEES
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 2862, A bill for an act
relating to elections; moving the state primary from September to August and
making conforming changes; amending Minnesota Statutes 2004, sections 10A.31,
subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 204B.33; 204D.03,
subdivision 1; 205.065, subdivision 1; 205A.03, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2890, A bill for an act relating to the legislature;
proposing an amendment to the Minnesota Constitution, article IV, section 4;
providing staggered terms of office for senators and staggered four-year terms
of office for representatives.
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.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2935, A bill for an act relating to human services;
providing for a contingent reduction in the MinnesotaCare provider tax;
amending Minnesota Statutes 2004, section 295.52, by adding a subdivision.
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:
H. F. No. 3546, A bill for an act relating to agriculture;
changing certain compensation requirements; authorizing certain testing;
expanding a camping requirement; providing for personal responsibility in food
consumption; requiring studies; eliminating a reporting requirement; amending
Minnesota Statutes 2004, sections 3.737, subdivision 1; 3.7371, subdivision 3;
Minnesota Statutes 2005 Supplement, sections 35.05; 327.201; proposing coding
for new law in Minnesota Statutes, chapter 604; repealing Minnesota Statutes
2004, section 17.10.
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:
H. F. No. 3605, A bill for an act relating to natural
resources; reorganizing and renaming the Legislative Commission on Minnesota
Resources; providing for land donor appraisal reimbursement; providing for
acquisition of land for certain facilities; providing for disposition of
certain receipts; modifying state park permit provisions; modifying forest
services provided to private owners; granting authority to establish state
forest user fees; modifying the State Timber Act; modifying certain
definitions; modifying noise standard exemptions; extending certain pilot
programs; granting certain authority to the Lower Minnesota River Watershed
District; exempting counties from certain rules; requiring reports; eliminating
the requirement for a comprehensive forest resource management plan;
appropriating money; amending Minnesota Statutes 2004, sections 84.085,
subdivision 1; 85.052, subdivision 4; 85.053, by adding a subdivision; 85.054,
by adding subdivisions; 88.79, subdivision 1; 90.14; 90.151, subdivisions 1, 6,
by adding a subdivision; 103I.005, subdivision 9; 116.07, subdivision 2a;
116P.02, subdivision 4; 116P.03; 116P.04, subdivision 5; 116P.05, as amended;
116P.07; 116P.08, subdivisions 3, 4, 5, 6; 116P.09, subdivisions 1, 6, by
adding a subdivision; 116P.11; Minnesota Statutes 2005 Supplement, sections
10A.01, subdivision 35; 85.053, subdivision 2; 85.055, subdivision 1; Laws
2003, chapter 128, article 1, section 165; proposing coding for new law in
Minnesota Statutes, chapters 85; 89; 90; repealing Minnesota Statutes 2004,
sections 89.011, subdivisions 1, 2, 3, 6; 116P.02, subdivision 2; 116P.06; Laws
2005, First Special Session chapter 1, article 2, section 156, subdivision 2.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Krinkie from the Committee on Taxes to which was referred:
H. F. No. 3761, A bill for an act relating to transportation;
authorizing sale of trunk highway bonds for capital improvements related to
transportation; establishing transit fund and accounts; providing for treatment
and allocation of tax proceeds related to motor vehicles; modifying proposed
amendment to Minnesota Constitution and its proposed ballot question; modifying
provisions relating to the town bridge account, old automobile liens, tow truck
operators, impounded vehicles, the rail service improvement account, the tax
attributable to fuel used by all-terrain vehicles, transit service contracts,
and a connector highway agreement; requiring a study; appropriating money;
amending Minnesota Statutes 2004, sections 16A.88; 161.082, subdivision 2a;
168B.06, subdivision 1; 168B.07, by adding a subdivision; 169.829, subdivision
2; 169.86, by adding a subdivision; 222.50, subdivisions 6, 7; 296A.18,
subdivision 4; 297A.94; 297B.09, subdivision 1; 473.384, subdivisions 1, 2;
Minnesota Statutes 2005 Supplement, sections 168A.20, subdivision 5; 297A.815,
by adding a subdivision; Laws 2005, chapter 88, article 3, section 10;
proposing coding for new law in Minnesota Statutes, chapter 167.
Reported the same back with the following amendments:
Page
1, line 27, delete "121,978,000" and insert "121,228,000"
Page 2, lines 3 and 8, delete "132,180,000"
and insert "131,430,000"
Page 2, delete line 7
Page 2, line 13, delete "121,978,000" and
insert "121,228,000"
Page 2, delete line 18
Page 3, delete subdivision 4
Page 3, line 29, delete "5" and insert "4"
Page 3, line 34, delete "6" and insert "5"
Page 5, after line 28, insert:
"Sec. 7. Minnesota
Statutes 2004, section 296A.07, is amended by adding a subdivision to read:
Subd. 5. Tax rate increase. (a) The gasoline excise tax rate under
subdivision 3, clause (3), is increased by:
(1) 3.0 cents per gallon for sales made after June 30, 2006;
and
(2) an additional 3.0 cents per gallon for sales made after
June 30, 2007.
(b) All other excise tax rates in subdivision 3 and section
296A.08 are increased proportionally to the tax rate increase under paragraph
(a).
EFFECTIVE
DATE. This section is
effective beginning with sales made after June 30, 2006."
Page 6, line 2, delete "2006" and insert
"2007"
Page 7, line 26, delete "2006" and insert
"2007"
Page 8, line 17, delete "general fund, or another
named fund," and insert "bond proceeds account in the trunk
highway fund"
Page 8, after line 18, insert:
"SUMMARY
TRANSPORTATION $2,485,000,000
FINANCE 2,485,000
TOTAL $2,487,485,000
Summary by
Fund
Trunk
Highway Bond
Proceeds Account 2,487,485,000"
Page
13, delete line 5
Page 15, delete sections 10 and 11
Page 16, line 30, before "This"
insert "Except as specifically provided otherwise,"
Renumber the sections in sequence
Correct the title numbers accordingly
Amend the title as follows:
Page 1, line 3, after "accounts;" insert
"increasing motor fuel taxes;"
Page 1, line 9, delete "transit service
contracts,"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 4112, A bill for an act relating to public safety;
establishing an address confidentiality program for victims of domestic
violence, sexual assault, or stalking; providing program participants with a
method of voting; establishing a mail forwarding system for program
participants; prescribing criminal penalties; providing rulemaking;
appropriating money; proposing coding for new law as Minnesota Statutes,
chapter 5B.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
S. F. No. 762, A bill for an act relating to the environment;
creating the Clean Water Legacy Act; providing authority, direction, and
funding to achieve and maintain water quality standards for Minnesota's surface
waters in accordance with section 303(d) of the federal Clean Water Act;
appropriating money; amending Laws 2005, chapter 20, article 1, section 39;
proposing coding for new law in Minnesota Statutes, chapter 446A; proposing
coding for new law as Minnesota Statutes, chapter 114D.
Reported the same back with the following amendments to the
second unofficial engrossment:
Page 11, delete section 9
Page 11, line 31, delete "446A.074, 446A.075,"
Page
11, lines 33 and 34, delete the new language and insert "If a project
is eligible for a grant under section 446A.073, the total"
Page 12, delete section 11
Page 13, delete section 12
Page 15, delete section 13
Page 17, line 29, delete "13" and insert
"9"
Renumber the sections in sequence
Amend the title as follows:
Page 1, delete line 6
Page 1, line 7, delete "Public Facilities Authority
Act;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
S. F. No. 1525, A bill for an act relating to corrections;
clarifying notification procedure when victim requests a test on offender;
amending Minnesota Statutes 2004, section 611A.19.
Reported the same back with the following amendments to the
unofficial engrossment:
Page 67, after line 10, insert:
"Sec. 3.
Minnesota Statutes 2004, section 16D.04, subdivision 2, is amended to
read:
Subd. 2. Agency participation. (a) A state referring agency
may, at its option, refer debts to the commissioner for collection. The ultimate responsibility for the debt, including
the reporting of the debt to the commissioner of finance and the decision with
regard to the continuing collection and uncollectibility of the debt, remains
with the referring state agency.
(b) When a debt owed to a state agency becomes 121 days past
due, the state agency must refer the debt to the commissioner for
collection. This requirement does not
apply if there is a dispute over the amount or validity of the debt, if the
debt is the subject of legal action or administrative proceedings, or the
agency determines that the debtor is adhering to acceptable payment
arrangements. The commissioner, in
consultation with the commissioner of finance, may provide that certain types
of debt need not be referred to the commissioner for collection under this
paragraph. Methods and procedures for
referral must follow internal guidelines prepared by the commissioner of
finance.
(c)
If the referring agency is a court, the court must furnish a debtor's Social
Security number to the commissioner when the court refers the debt.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Page 67, after line 32, insert:
"Sec. 6.
Minnesota Statutes 2005 Supplement, section 270C.545, is amended to
read:
270C.545 FEDERAL TAX REFUND
OFFSET FEES; TIME LIMIT FOR SUBMITTING CLAIMS FOR OFFSET.
For fees charged by the Department of the Treasury of the
United States for the offset of federal tax refunds that are deducted from the
refund amounts remitted to the commissioner, the unpaid debts of the taxpayers
whose refunds are being offset to satisfy the debts are reduced only by the
actual amount of the refund payments received by the commissioner. Notwithstanding any other provision of law to
the contrary, a claim for the offset of a federal tax refund must be submitted
to the Department of the Treasury of the United States within ten years after
the date of the assessment of the tax owed by the taxpayer whose refund is to
be offset to satisfy the debt. For
court debts referred to the commissioner under section 16D.04, subdivision 2,
paragraph (a), the federal refund offset fees are deducted as provided in this
section, but the ten-year time limit prescribed in this section for tax debts
does not apply.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Page 91, delete section 51
Page 102, line 32, delete "section" and
insert "sections"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
SECOND
H. F. Nos. 2862, 2935 and 3546 were read
for the second time.
SECOND
S. F. Nos. 358, 3017, 762 and 1525 were
read for the second time.
INTRODUCTION
AND FIRST
The following House File was introduced:
Loeffler and Lanning introduced:
H. F. No. 4198, A bill for an act relating
to state government; requiring the Minnesota Sesquicentennial Commission to
consider commissioning new art to convey and celebrate Minnesota's history.
The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
MESSAGES FROM THE SENATE
The following message was received from
the Senate:
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 3450, 2576, 2635 and 2973.
Patrick E. Flahaven, Secretary
of the Senate
FIRST
S. F. No. 3450, A bill for an act relating to metropolitan
government; governing special transportation service requirements; amending
Minnesota Statutes 2004, section 473.386, subdivision 3.
The bill was read for the first time.
Holberg moved that S. F. No. 3450 and H. F. No. 3637, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2576, A bill for an act relating to commerce;
regulating the purchase and lease of new ambulances; establishing a
manufacturer's duty to repair, refund, or replace; amending Minnesota Statutes
2004, section 325F.665, subdivision 1.
The bill was read for the first time.
Davids moved that S. F. No. 2576 and H. F. No. 3049, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S.
F. No. 2635, A bill for an act relating to local government; authorizing
regulation of certain public lands in
The bill was read for the first time.
Hilstrom moved that S. F. No. 2635 and H. F. No. 3452, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2973, A bill for an act relating to natural
resources; modifying contractual and grant agreement provisions; excepting the
electronic licensing system commission from certain standing appropriations;
modifying snowmobile state trail sticker requirements; modifying invasive species
provisions; modifying certain state trail descriptions; designating a state
trail; modifying authority to mark canoe and boating routes; modifying certain
forestry duties; modifying certain definitions; modifying water use surcharge
provisions; modifying water aeration safety provisions; amending Minnesota Statutes 2004, sections
84.026; 84.0911, as amended; 84.8205, subdivision 2; 84D.01, subdivisions 9a,
13, 15, 16; 84D.02, subdivision 2; 85.015, subdivisions 2, 7, 8, 11, 12, by
adding a subdivision; 85.32, subdivision 1; 89.01, subdivision 1; 97A.015,
subdivision 18; 103G.611, by adding a subdivision; Minnesota Statutes 2005
Supplement, sections 84.8205, subdivision 1; 85.015, subdivision 5; 88.17,
subdivision 5; 103G.271, subdivision 6; repealing Minnesota Statutes 2004,
sections 85.015, subdivision 14; 103G.611, subdivision 6.
The bill was read for the first time.
Hackbarth moved that S. F. No. 2973 and H. F. No. 3200, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
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 Calendar for the Day for Tuesday, May 9, 2006:
H. F. Nos. 3722, 3049 and 3179; S. F. Nos.
785 and 2374; H. F. Nos. 3988 and 3144; S. F. No. 3526; H. F. Nos. 3237, 3458
and 854; S. F. Nos. 2002, 1940 and 3023; H. F. Nos. 2916, 1443, 1862, 3214 and
3066; S. F. No. 3216; H. F. No. 3718; S. F. Nos. 2528 and 2840; and H. F. No.
3472.
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 Speaker pro tempore Abrams.
MOTION TO FIX TIME TO CONVENE
Paulsen moved that when the House adjourns
today it adjourn until 10:00 a.m., Thursday, May 11, 2006. The motion prevailed.
CALENDAR FOR THE DAY
H. F. No. 1443 was reported
to the House.
Emmer and Erhardt moved to amend H. F. No.
1443, the third engrossment, as follows:
Page 1, delete section 1
Page 2, delete section 2
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Emmer and
Erhardt amendment and the roll was called.
There were 128 yeas and 3 nays as follows:
Those who voted in the affirmative were:
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
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
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
Those who voted in the negative were:
Garofalo
Newman
Olson
The motion prevailed and the amendment was
adopted.
Buesgens and Ozment moved to amend H. F.
No. 1443, the third engrossment, as amended, as follows:
Page 3, after line 35, insert:
"Sec. 3. [204B.115] CITIZENSHIP AND RESIDENCY
REQUIREMENTS FOR CANDIDATES.
A person who files for any elected position shall provide
proof of United States citizenship in the form of a passport, birth
certificate, or naturalization document and shall also provide proof of
residency in the appropriate locale under section 201.061, subdivision 3."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion did not prevail and the
amendment was not adopted.
Emmer moved to amend H. F. No. 1443, the
third engrossment, as amended, as follows:
Page 4, line 16, before "shall"
insert "or has a religious objection to being photographed"
Page 5, line 9, after "identification"
insert "or who exercises the religious objection exception"
Page 5, line 16, after "identification"
insert "or a copy of a valid and accepted form of
The motion prevailed and the amendment was
adopted.
MOTION FOR RECONSIDERATION
Ozment moved that the vote whereby the
Buesgens and Ozment amendment to H. F. No. 1443, the third engrossment, as
amended, was not adopted be now reconsidered.
A roll call was requested and properly
seconded.
The question was taken on the Ozment
motion 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
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
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
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
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
Welti
The motion prevailed.
The Buesgens and Ozment amendment to H. F.
No. 1443, the third engrossment, as amended, was again reported to the House,
as modified.
Page 3, after line 35, insert:
"Sec. 3. [204B.115] CITIZENSHIP AND RESIDENCY
REQUIREMENTS FOR CANDIDATES.
A person who files for the state legislature or a
constitutional office shall provide proof of
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Buesgens and
Ozment amendment and the roll was called.
There were 113 yeas and 20 nays as follows:
Those who voted in the affirmative were:
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
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hansen
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Johnson, R.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Ellison
Goodwin
Greiling
Hausman
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Larson
Mariani
Mullery
Murphy
Rukavina
Sertich
Thissen
Wagenius
The motion prevailed and the amendment was
adopted.
Olson moved to amend H. F. No. 1443, the
third engrossment, as amended, as follows:
Page 5, line 11, delete "ten"
and insert "three"
A roll call was requested and properly
seconded.
The question was taken on the Olson
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
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Atkins
Bernardy
Carlson
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
The motion prevailed and the amendment was
adopted.
H. F. No. 1443, A bill for an act relating
to elections; requiring proof of citizenship on filing for certain offices;
requiring certain voters to provide picture identification; providing for the
issuance of certain identification cards at no charge; establishing a procedure
for unverified ballots; amending Minnesota Statutes 2004, section 204C.13, by
adding a subdivision; Minnesota Statutes 2005 Supplement, section 204C.10;
proposing coding for new law in Minnesota Statutes, chapters 204B; 204C.
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 71 yeas and 62 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
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Haws
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Otremba
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
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Welti
The bill was passed, as amended, and its
title agreed to.
S. F. No. 3526 was reported
to the House.
Nelson, P., moved that
S. F. No. 3526 be continued on the Calendar for the Day. The motion prevailed.
The Speaker resumed the Chair.
S. F. No. 3246 was reported
to the House.
Powell, Bradley, Cox, Howes, Charron,
Hosch, Sailer, Moe, Hackbarth, Rukavina, Eken, Wilkin, Lieder, Gunther, Haws,
Dean, DeLaForest, Beard, Marquart, Heidgerken, Urdahl and Zellers offered an
amendment to S. F. No. 3246.
POINT OF ORDER
Abeler raised a point of order pursuant to
rule 3.21 that the Powell et al amendment was not in order. The Speaker ruled the point of order well
taken and the Powell et al amendment out of order.
Emmer moved to amend S. F. No. 3246 as
follows:
Page 2, line 3, after the period, insert
"A contract entered into under this section must provide for an
environmental assessment and cleanup at any location of a current or former
depot."
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
POINT OF ORDER
Atkins raised a point of order pursuant to
rule 3.21 that the Emmer amendment was not in order. The Speaker ruled the point of order not well
taken and the Emmer amendment in order.
The Speaker called Abrams to the Chair.
The question recurred on the Emmer
amendment and the roll was called. There
were 41 yeas and 92 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Bradley
Brod
Buesgens
Charron
Cybart
Davids
Dean
DeLaForest
Dempsey
Dill
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Hackbarth
Holberg
Hoppe
Johnson, J.
Klinzing
Kohls
Krinkie
Nelson, P.
Nornes
Olson
Paulsen
Penas
Peppin
Powell
Seifert
Smith
Soderstrom
Vandeveer
Wardlow
Westrom
Wilkin
Zellers
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Carlson
Cornish
Cox
Davnie
Demmer
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Gunther
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Welti
Westerberg
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
DeLaForest moved to amend S. F. No. 3246
as follows:
Page 1, lines 8 to 10, delete the new
language
A roll call was requested and properly
seconded.
The question was taken on the DeLaForest
amendment and the roll was called. There
were 38 yeas and 94 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Dempsey
Dorman
Eastlund
Emmer
Erickson
Garofalo
Gazelka
Hackbarth
Holberg
Hoppe
Johnson, J.
Klinzing
Kohls
Krinkie
Nelson, P.
Newman
Olson
Paulsen
Penas
Peppin
Powell
Seifert
Vandeveer
Wardlow
Westrom
Wilkin
Zellers
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Bradley
Carlson
Cox
Davnie
Demmer
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Goodwin
Greiling
Gunther
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nornes
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Welti
Westerberg
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
Olson moved to amend S. F. No. 3246 as
follows:
Page 2, line 3, before the period, insert
"; provided that, the contract must not allow indemnification for a
railroad that is found by clear and convincing evidence to have been negligent
in maintaining any right-of-way used for rail passenger service"
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Olson
amendment and the roll was called. There
were 42 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Charron
Cornish
Cybart
Dean
DeLaForest
Demmer
Dorman
Eastlund
Emmer
Erickson
Garofalo
Gazelka
Hackbarth
Heidgerken
Holberg
Hoppe
Johnson, J.
Klinzing
Kohls
Krinkie
Magnus
Newman
Olson
Ozment
Paulsen
Peppin
Powell
Seifert
Smith
Soderstrom
Sykora
Urdahl
Vandeveer
Wardlow
Westrom
Wilkin
Zellers
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Bradley
Carlson
Cox
Davids
Davnie
Dempsey
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Goodwin
Greiling
Gunther
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson,
S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nornes
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Solberg
Thao
Thissen
Tingelstad
Wagenius
Welti
Westerberg
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
S. F. No. 3246, A bill for
an act relating to transportation; commuter rail; authorizing the commissioner
to contract for use of railroad right-of-way; regulating civil liability;
amending Minnesota Statutes 2004, section 174.82.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called.
Pursuant to rule 2.05, the Speaker excused
Thissen from voting on final passage of S. F. No. 3246.
There were 94 yeas and 38 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Brod
Carlson
Cornish
Cox
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Gunther
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nornes
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Solberg
Sykora
Thao
Tingelstad
Urdahl
Wagenius
Welti
Westerberg
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Bradley
Buesgens
Charron
Cybart
Davids
Dean
DeLaForest
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Hackbarth
Holberg
Hoppe
Klinzing
Kohls
Krinkie
Nelson, P.
Newman
Olson
Ozment
Paulsen
Penas
Peppin
Powell
Seifert
Smith
Soderstrom
Vandeveer
Wardlow
Westrom
Wilkin
Zellers
The bill was passed and its title agreed
to.
S. F. No. 2883, A bill for an act relating
to human services; modifying child care licensing provisions; amending
Minnesota Statutes 2005 Supplement, section 245A.14, subdivisions 4, 12, 13.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
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
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
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
The bill was passed and its title agreed
to.
Paulsen moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
MOTIONS AND RESOLUTIONS
Abeler moved that his name be stricken as
an author on H. F. No. 2294.
The motion prevailed.
Abeler moved that his name be stricken as
an author on H. F. No. 2295.
The motion prevailed.
Cornish moved that the names of Olson and
Westrom be added as authors on H. F. No. 4189. The motion prevailed.
Lesch moved that the name of Loeffler be
added as an author on H. F. No. 4190. The motion prevailed.
Knoblach moved that
S. F. No. 762, now on the General Register, be re-referred to
the Committee on Ways and Means. The
motion prevailed.
ADJOURNMENT
Paulsen moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Abrams declared the House stands adjourned until 10:00 a.m., Thursday, May 11,
2006.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives