STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2006
_____________________
ONE HUNDRED SEVENTH DAY
Saint Paul, Minnesota, Tuesday, May 16, 2006
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 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.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
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
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Anderson, I., was excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. Dean 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. 2743 and
H. F. No. 3110, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Westrom moved that the rules be so far
suspended that S. F. No. 2743 be substituted for
H. F. No. 3110 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2798 and
H. F. No. 3542, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Westrom moved that the rules be so far
suspended that S. F. No. 2798 be substituted for
H. F. No. 3542 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3236 and
H. F. No. 3376, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Magnus moved that
S. F. No. 3236 be substituted for H. F. No. 3376
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 11, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The State
of Minnesota
Dear
Speaker Sviggum:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 3285, relating to
metropolitan land use planning; removing the requirement for metropolitan
council review of school district capital improvement programs.
H. F. No. 2514, relating to
securities; enacting and modifying the 2002 Uniform Securities Act of the
National Conference of Commissioners on Uniform State Laws; prescribing
criminal penalties.
H. F. No. 3712, relating to
the environment; requiring disclosure regarding disposal of fluorescent lamps
containing mercury; requiring mercury emissions reduction by public utilities.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2006 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2006 |
Date Filed 2006 |
2646 192 12:25
p.m. May 11 May
11
3285 194 12:30 p.m. May 11 May 11
2514 196 12:20 p.m. May 11 May 11
3712 201 11:10 a.m. May 11 May 11
Sincerely,
Mary
Kiffmeyer
Secretary
of State
SECOND READING OF SENATE
BILLS
S. F. Nos. 2743, 2798 and 3236 were read
for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Abeler, Walker, Otremba and Goodwin introduced:
H. F. No. 4205, A bill for an act relating
to health; providing for licensing of naturopathic doctors; providing criminal
penalties; amending Minnesota Statutes 2004, sections 116J.70, subdivision 2a;
145.61, subdivision 2; 146.23, subdivision 7; 151.01, subdivision 23; 214.23,
subdivision 1; 604A.01, subdivision 2; 604A.015; Minnesota Statutes 2005
Supplement, sections 144.335, subdivision 1; 148B.60, subdivision 3; proposing
coding for new law as Minnesota Statutes, chapter 147E.
The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
Gazelka, Jaros, Poppe, Huntley and Sviggum
introduced:
H. F. No. 4206, A bill for an act relating
to local option sales taxes; authorizing the city of Duluth to increase its
food and beverage tax; authorizing each of the cities of Austin, Baxter,
Brainerd, and Nisswa to impose a local sales tax; amending Laws 1980, chapter
511, section 1, subdivision 2, as amended.
The bill was read for the first time and
referred to the Committee on Taxes.
Klinzing introduced:
H. F. No. 4207, A bill for an act
proposing an amendment to the Minnesota Constitution, by adding an article XV;
providing for limits on state and local spending and tax increases.
The bill was read for the first time and
referred to the Committee on Taxes.
Klinzing and Charron introduced:
H. F. No. 4208, A bill for an act relating
to taxes; individual income; conforming to marriage penalty relief in the
standard deduction in Working Families Tax Relief Act of 2004; amending
Minnesota Statutes 2005 Supplement, sections 290.01, subdivision 19a; 290.0675,
subdivision 1.
The bill was read for the first time and
referred to the Committee on Taxes.
Klinzing and Charron introduced:
H. F. No. 4209, A bill for an act relating
to education finance; increasing funding for basic education revenue; amending
Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 2.
The bill was read for the first time and
referred to the Committee on Education Finance.
Klinzing and Charron introduced:
H. F. No. 4210, A bill for an act relating
to education finance; increasing funding for early childhood family education;
amending Minnesota Statutes 2005 Supplement, section 124D.135, subdivision 1.
The bill was read for the first time and
referred to the Committee on Education Finance.
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 Smith.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
Pursuant to Joint Rule 3.02(a), the
Conference Committee on S. F. No. 644 was discharged after adjournment on May
23, 2005 and the bill was laid on the table.
S. F. No. 644, A bill for an act relating
to family law; requiring notification of noncustodial parents, corrections
agents, local welfare agencies, and the court, of residence of a custodial
parent with certain convicted persons; changing certain presumptions relating
to paternity; disallowing certain convicted persons from becoming custodians of
unrelated children; changing certain procedures for removal of a child's
residence from Minnesota; requiring certain information in summary real estate
disposition judgments; identifying pension plans subject to marital property
division; authorizing the Department of Human Services to collect spousal
maintenance; changing certain provisions concerning adoption communication or
contact agreements; appropriating money;
amending Minnesota Statutes 2004, sections 257.55, subdivision 1;
257.57, subdivision 2; 257.62, subdivision 5; 257C.03, subdivision 7; 259.24,
subdivisions 1, 2a, 5, 6a; 259.58; 260C.201, subdivision 11; 260C.212,
subdivision 4; 518.091, subdivision 1; 518.1705, subdivisions 4, 7; 518.175,
subdivision 3; 518.179, by adding a subdivision; 518.18; 518.191, subdivision
2; 518.54, subdivisions 4a, 14, by adding a subdivision; 518.551, subdivision
1; 518.58, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 244; 257; 260C.
S. F. No. 644 has been taken from the
table and a new Conference Committee has been appointed.
The Senate has appointed as such
committee:
Senators Neuville, Betzold and Skoglund.
Said Senate File is herewith transmitted
to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary
of the Senate
Holberg moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 644. The motion prevailed.
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. 2722, A bill for an act relating
to homeowner's insurance; regulating coverage for home-based adult foster care services;
proposing coding for new law in Minnesota Statutes, chapter 65A.
Patrick E. Flahaven, Secretary
of the Senate
CONCURRENCE AND REPASSAGE
Solberg moved that the House concur in the
Senate amendments to H. F. No. 2722 and that the bill be repassed
as amended by the Senate. The motion
prevailed.
H. F. No. 2722, A bill for an act relating
to homeowner's insurance; regulating coverage for home-based adult foster care
services; proposing coding for new law in Minnesota Statutes, chapter 65A.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage 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
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
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
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2980, 3058 and 2994.
Patrick E. Flahaven, Secretary
of the Senate
FIRST READING OF SENATE BILLS
S. F. No.
2980, A bill for an act relating to drivers' licenses; modifying definition of
"conviction"; modifying content required on driver's license;
allowing 60-day cancellation of driver's license when application information
inadequate; making clarifying changes; amending Minnesota Statutes 2004,
sections 171.01, subdivision 29; 171.14; Minnesota Statutes 2005 Supplement,
section 171.07, subdivision 1.
The bill
was read for the first time.
Holberg
moved that S. F. No. 2980 and H. F. No. 3312, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
3058, A bill for an act relating to higher education; determining instructional
service base; providing adjustments for enrollments; regulating tuition paid by
seniors for certain courses; determining resident tuition; defining certain
terms; eliminating obsolete language; authorizing the office to enter into
certain agreements; amending certain data classification provisions; providing
for loan rehabilitation; providing for temporary total disability for certain
loans; amending work-study payment eligibility; authorizing the Minnesota State
Colleges and Universities Board of Trustees to control certain depository
services; limiting approval of certain higher education degrees; requiring
certain studies; authorizing construction of an academic building; amending
Minnesota Statutes 2004, sections 135A.031, subdivision 7, by adding subdivisions;
135A.053, subdivision 2; 136A.15, by adding a subdivision; 136A.16, by adding a
subdivision; 136A.162; 136A.1701, by adding a subdivision; 136A.233,
subdivision 3; 136F.02, subdivision 1; 136F.42, subdivision 1; 136F.71,
subdivision 2, by adding a subdivision; Minnesota Statutes 2005 Supplement,
sections 135A.52, subdivisions 1, 2; 136A.1701, subdivision 12; proposing
coding for new law in Minnesota Statutes, chapters 135A; 136A; repealing
Minnesota Statutes 2004, sections 135A.031, subdivision 5; 135A.033; 136A.15,
subdivision 5; 136A.1702; Minnesota Statutes 2005 Supplement, section 135A.031, subdivisions 3, 4; Minnesota
Rules, parts 4850.0011, subparts 9, 10, 14, 27; 4850.0014, subpart 1.
The bill
was read for the first time and referred to the Committee on Higher Education
Finance.
S. F. No.
2994, A bill for an act relating to education; providing for prekindergarten
through grade 12 education, including general education, education excellence,
special education, facilities, accounting, and technology, state agencies,
technical and conforming amendments, and early childhood education; providing
for postsecondary education; authorizing rulemaking; appropriating money;
amending Minnesota Statutes 2004, sections 119A.50, subdivision 1; 119A.52;
119A.53; 119A.545; 120A.20, subdivision 1; 120A.22, subdivision 3; 120B.021,
subdivision 1, by adding a subdivision; 120B.023; 120B.024; 121A.035; 121A.15,
subdivision 10; 121A.17, subdivision 3; 122A.18, subdivision 2; 123A.06,
subdivision 2; 123A.44; 123A.441; 123A.442; 123A.443; 123B.10, subdivision 1;
123B.77, subdivision 3, by adding a subdivision; 123B.90, subdivision 2;
123B.91, by adding a subdivision; 124D.02, subdivisions 2, 4; 124D.095,
subdivision 3; 124D.096; 124D.10, subdivision 16; 124D.11, subdivision 9;
124D.13, subdivisions 2, 3; 124D.61; 124D.68, subdivision 3; 125A.02,
subdivision 1; 125A.515, subdivisions
1, 3, 5, 6, 7, 9, 10; 125A.62, subdivision 1; 125A.63, subdivision 4; 125A.65,
subdivisions 3, 4, 6, 8, 10; 125A.69, subdivision 3; 125A.75, subdivision 1, by
adding a subdivision; 126C.05, subdivision 1; 126C.10, subdivision 6, by adding
subdivisions; 126C.44; 127A.41, subdivision 2; 135A.031, subdivision 7, by
adding subdivisions; 135A.053, subdivision 2; 136A.15, by adding a subdivision;
136A.16, by adding a subdivision; 136A.162; 136A.1701, by adding a subdivision;
136A.233, subdivision 3; 136F.02, subdivision 1; 136F.42, subdivision 1;
136F.71, subdivision 2, by adding a subdivision; 169.01, subdivision 6;
169.447, subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5;
169.4503, subdivision 20; 171.321, subdivisions 4, 5; 181.101; 245A.023;
245A.14, by adding a subdivision; 299F.30; 626.556, subdivisions 3b, 3c;
Minnesota Statutes 2005 Supplement, sections 120B.021, subdivision 1a; 120B.11,
subdivision 2; 120B.131, subdivision 2; 121A.17, subdivision 5; 122A.414,
subdivisions 2b, 3; 123B.04, subdivision 2; 123B.76, subdivision 3; 123B.92,
subdivisions 1, 5; 124D.095, subdivision 4; 124D.175; 124D.68, subdivision 2; 125A.11,
subdivision 1; 125A.79, subdivision 1; 126C.10, subdivisions 24, 31; 126C.17,
subdivision 9; 126C.43, subdivision 2; 127A.45, subdivision 10; 135A.52,
subdivisions 1, 2; 626.556, subdivisions 2, 3;
Laws 2005, First Special Session chapter 5, article 2, section 84,
subdivision 13; article 7, section 20, subdivision 5; proposing coding for new
law in Minnesota Statutes, chapters 119A; 121A; 135A; 136A; repealing Minnesota
Statutes 2004, sections 119A.51; 120A.20, subdivision 3; 121A.23; 123B.749; 125A.10;
125A.515, subdivision 2; 135A.031, subdivision 5; 135A.033; 136A.15,
subdivision 5; 136A.1702; 169.4502, subdivision 15; 169.4503, subdivisions 17,
18, 26; Minnesota Statutes 2005 Supplement, section
135A.031, subdivisions 3, 4; Minnesota Rules, parts 4850.0011, subparts 9, 10,
14, 27; 4850.0014, subpart 1.
The bill
was read for the first time.
Buesgens
moved that S. F. No. 2994 and H. F. No. 3179, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
Clark was excused for the remainder of today's session.
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 Tuesday, May
16, 2006:
H. F. Nos. 3761, 3288 and
3312; S. F. No. 930; H. F. No. 333;
S. F. No. 3087; H. F. No. 3664;
S. F. Nos. 2743 and 3199; H. F. No. 3442; and
S. F. No. 2939.
CALENDAR FOR THE DAY
H. F. No. 3761 was reported
to the House.
Seifert; Magnus; Buesgens; Peterson, A.;
Gunther; Juhnke; Wilkin; Newman; Hamilton and Simpson moved to amend H. F. No.
3761, the fourth engrossment, as follows:
Page 20, after line 4, insert:
"Sec. 9. [174.11] AREA TRANSPORTATION
PARTNERSHIPS.
Any
staff or other direct representative of an agency of the state of Minnesota
serving on the governing body of an area transportation partnership must be a
non-voting member.
EFFECTIVE
DATE. This section is effective
June 1, 2006."
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 Seifert et
al amendment and the roll was called.
There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
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
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and the amendment was
adopted.
The Speaker resumed the Chair.
Abrams and Lieder moved to amend H. F. No.
3761, the fourth engrossment, as amended, as follows:
Page 5, lines 16 and 17, delete "as
amended by this act,"
Page 7, delete section 9
Page 12, line 2, delete "as
amended by this act,"
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 Abrams and
Lieder amendment and the roll was called.
There were 63 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Bernardy
Carlson
Cox
Davnie
Dittrich
Dorn
Ellison
Entenza
Erhardt
Fritz
Garofalo
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Newman
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruud
Samuelson
Scalze
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Tingelstad
Wagenius
Walker
Those who voted in the negative were:
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Emmer
Erickson
Finstad
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Lanning
Magnus
Mahoney
Marquart
Moe
Nelson, P.
Nornes
Olson
Otremba
Ozment
Paulsen
Penas
Peppin
Rukavina
Ruth
Sailer
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Sykora
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
Abrams and Lieder moved to amend H. F. No.
3761, the fourth engrossment, as amended, as follows:
Page 8, after line 12, insert:
"Sec. 12. ACTION CONCERNING BALLOT QUESTION.
If
a court determines that the 2006 Legislature does not have authority to amend
the proposed constitutional amendment under Laws 2005, chapter 88, article 3,
section 9, as amended by this act, then it is the intent of the 2006
Legislature that the change to the ballot question under article 1, section 10
of this act nonetheless takes effect.
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Urdahl moved to amend H. F. No. 3761, the
fourth engrossment, as amended, as follows:
Page 13, after line 9, insert:
"Sec. 2. [168.1299] SPECIAL "COMBAT DRUG
ABUSE" PLATES.
Subdivision 1.
General requirements and
procedures. The registrar
shall issue special "combat drug abuse" license plates to an
applicant who:
(1) is an owner or joint owner of a passenger automobile;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section 168.013;
(4) pays the fees required under this chapter;
(5) pays an annual additional contribution of $30 for deposit
in the chemical dependency treatment fund; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
Subd. 2. Design. The commissioner shall design the special
plates in consultation with the commissioner of human services. The plates must bear a distinguishing number
and the words "combat drug abuse."
Subd. 3. Plate transfers. Notwithstanding section 168.12,
subdivision 1, on payment of a transfer fee of $5, plates issued under this
section may be transferred to another passenger automobile owned or jointly
owned by the person to whom the special plates were issued.
Subd. 4. Fees credited. The fees collected under this section,
excluding contributions, must be deposited in the state treasury and credited
to the highway user tax distribution fund.
Subd. 5. Chemical dependency fund. The commissioner shall deposit all
contributions received under this section into the chemical dependency fund for
the purposes of chapter 254B.
Subd. 6. Compliance with other law. License plates issued under this section
are not subject to section 168.1293, except for the provisions of subdivision
2, clauses (2) and (3).
EFFECTIVE
DATE.
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.
CALL OF THE HOUSE
On the motion of Krinkie and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Abrams
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Goodwin
Greiling
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Penas
Peppin
Peterson, A.
Peterson, N.
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
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed
and it was so ordered.
Cox and Erhardt moved to amend H. F. No.
3761, the fourth engrossment, as amended, as follows:
Page 14, after line 19, insert:
"Sec. 5.
Minnesota Statutes 2004, section 169.686, subdivision 1, is amended to
read:
Subdivision 1. Seat belt requirement. (a) A properly adjusted and fastened seat
belt, including both the shoulder and lap belt when the vehicle is so equipped,
shall be worn by:
(1) the driver and passengers of a passenger
vehicle or commercial motor vehicle;
(2) a passenger riding in the front seat of a passenger
vehicle or commercial motor vehicle; and
(3)
a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of age
(b) A person who is 15 years of age or older and who violates
paragraph (a), clause (1) or (2), is subject to a fine of $25. The driver of the passenger vehicle or commercial
motor vehicle in which the violation occurred is subject to a $25 fine for
a violation of paragraph (a), clause (2) or (3), by a child of the
driver passenger under the age of 15 or any child under the age
of 11. A peace officer may not issue a
citation for a violation of this section unless the officer lawfully stopped or
detained the driver of the motor vehicle for a moving violation other than a
violation involving motor vehicle equipment. The Department of Public Safety shall not
record a violation of this subdivision on a person's driving record."
Page 20, after line 4, insert:
"Sec. 9.
Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is
amended to read:
Subd. 2b. Instruction permit use by person under age
18. (a) This subdivision applies to
persons who have applied for and received an instruction permit under
subdivision 2.
(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under the
supervision of a certified driver education instructor, the permit holder's
parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside
the permit holder.
(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 15 has a seat belt or child passenger
restraint system properly fastened according to sections 169.685 and 169.686. A person who violates this paragraph is
subject to a fine of $25. A peace
officer may not issue a citation for a violation of this paragraph unless the
officer lawfully stopped or detained the driver of the motor vehicle for a
moving violation as defined in section 171.04, subdivision 1 A passenger
who is at least 15 years of age is subject to the requirements and penalty of
section 169.686. The commissioner
shall not record a violation of this paragraph on a person's driving record.
(d) The permit holder may not operate a vehicle while
communicating over, or otherwise operating, a cellular or wireless telephone,
whether handheld or hands free, when the vehicle is in motion. The permit holder may assert as an
affirmative defense that the violation was made for the sole purpose of
obtaining emergency assistance to prevent a crime about to be committed, or in
the reasonable belief that a person's life or safety was in danger.
(e) The permit holder must maintain a driving record free of
convictions for moving violations, as defined in section 171.04, subdivision 1,
and free of convictions for violation of section 169A.20, 169A.33, 169A.35, or
sections 169A.50 to 169A.53. If the
permit holder drives a motor vehicle in violation of the law, the commissioner
shall suspend, cancel, or revoke the permit in accordance with the statutory
section violated.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 171.055, subdivision 2, is amended to read:
Subd. 2. Use of provisional license. (a) A provisional license holder may operate
a motor vehicle only when every occupant under the age of 18 15
has a seat belt or child passenger restraint system properly fastened
according to sections 169.685 and 169.686.
A person who violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation
for a violation of this paragraph unless the officer lawfully stopped or
detained the driver of the motor vehicle for a moving violation as defined in
section 171.04 A passenger who is at least 15 years of age is subject to
the requirements and penalty of section 169.686. The commissioner shall not record a violation
of this paragraph on a person's driving record.
(b)
A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether
handheld or hands free, when the vehicle is in motion. The provisional license holder may assert as
an affirmative defense that the violation was made for the sole purpose of
obtaining emergency assistance to prevent a crime about to be committed, or in
the reasonable belief that a person's life or safety was in danger.
(c) If the holder of a provisional license during the period
of provisional licensing incurs (1) a conviction for a violation of section
169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) a conviction for
a crash-related moving violation as defined in section 171.04, or (3)
more than one conviction for a moving violation that is not crash related, the
person may not be issued a driver's license until 12 consecutive months have
expired since the date of the conviction or until the person reaches the age of
18 years, whichever occurs first."
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 Cox and Erhardt
amendment and the roll was called.
Paulsen moved that those not voting be
excused from voting. The motion
prevailed.
There were 40 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Cornish
Cox
Dittrich
Eken
Ellison
Entenza
Erhardt
Fritz
Greiling
Hansen
Hausman
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Juhnke
Kahn
Kelliher
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Meslow
Murphy
Nelson, P.
Otremba
Paymar
Peterson, S.
Poppe
Powell
Ruud
Sieben
Simon
Thissen
Wagenius
Welti
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Howes
Johnson, J.
Johnson, S.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lesch
Magnus
Mahoney
Mariani
Marquart
McNamara
Moe
Mullery
Nelson, M.
Newman
Nornes
Olson
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Walker
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
CALL
OF THE HOUSE LIFTED
Abrams moved that the call of the House be
suspended. The motion prevailed and it
was so ordered.
Mariani was excused between the hours of
1:00 p.m. and 4:05 p.m.
Juhnke moved to amend H. F. No. 3761, the fourth engrossment,
as amended, as follows:
Page 14, after line 19, insert:
"Sec. 5.
Minnesota Statutes 2005 Supplement, section 169.01, subdivision 78, is
amended to read:
Subd. 78. Recreational vehicle combination. (a) "Recreational vehicle
combination" means a combination of vehicles consisting of a pickup truck
as defined in section 168.011, subdivision 29, attached by means of a
fifth-wheel coupling to a camper-semitrailer which has hitched to it a trailer
carrying a watercraft as defined in section 86B.005, subdivision 18;
off-highway motorcycle as defined in section 84.787, subdivision 7; motorcycle;
motorized bicycle; snowmobile as defined in section 84.81, subdivision 3;
all-terrain vehicle as defined in section 84.92, subdivision 8; motorized
golf cart; or equestrian equipment or supplies.
(b) For purposes of this subdivision:
(1) A "fifth-wheel coupling" is a coupling between
a camper-semitrailer and a towing pickup truck in which a portion of the weight
of the camper-semitrailer is carried over or forward of the rear axle of the
towing pickup.
(2) A "camper-semitrailer" is a trailer, other than
a manufactured home as defined in section 327B.01, subdivision 13, designed for
human habitation and used for vacation or recreational purposes for limited
periods.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 169.81, subdivision 3c, is amended to read:
Subd. 3c. Recreational vehicle combination. Notwithstanding subdivision 3, a recreational
vehicle combination may be operated without a permit if:
(1) the combination does not consist of more than three
vehicles, and the towing rating of the pickup truck is equal to or greater than
the total weight of all vehicles being towed;
(2) the combination does not exceed 70 feet in length;
(3) the middle vehicle in the combination does not exceed 28
feet in length;
(4) the operator of the combination is at least 18 years of
age;
(5) the trailer carrying a watercraft, motorcycle, motorized
bicycle, off-highway motorcycle, snowmobile, all-terrain vehicle, motorized
golf cart, or equestrian equipment or supplies meets all requirements of
law;
(6) the trailers in the combination are connected to the
pickup truck and each other in conformity with section 169.82; and
(7)
the combination is not operated within the seven-county metropolitan area, as
defined in section 473.121, subdivision 2, during the hours of 6:00 a.m. to
9:00 a.m. and 4:00 p.m. to 7:00 p.m. on Mondays through Fridays."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Cornish; Demmer; Fritz; Johnson, R.;
Davids; Gunther; Poppe; Hamilton; Magnus; Simpson and Juhnke moved to amend H. F.
No. 3761, the fourth engrossment, as amended, as follows:
Page 14, after line 19, insert:
"Sec. 5.
Minnesota Statutes 2004, section 169.823, subdivision 1, is amended to
read:
Subdivision 1. Pneumatic-tired vehicle. No vehicle or combination of vehicles
equipped with pneumatic tires shall be operated upon the highways of this
state:
(1) where the gross weight on any wheel exceeds 9,000
pounds, except that on designated local routes and state trunk highways the
gross weight on any single wheel shall not exceed 10,000 pounds;
(2) where the gross weight on any single axle exceeds 18,000
pounds, except that on designated local routes and state trunk highways the
gross weight on any single axle shall not exceed 20,000 pounds;
(3) where the maximum wheel load:
(i) on the foremost and rearmost steering axles, exceeds 600
pounds per inch of tire width or the manufacturer's recommended load, whichever
is less; or
(ii) on other axles, exceeds 500 pounds per inch of tire
width or the manufacturer's recommended load, whichever is less. This item applies to new vehicles
manufactured after August 1, 1991. For
vehicles manufactured before August 2, 1991, the maximum weight per inch of
tire width is 600 pounds per inch or the manufacturer's recommended load, whichever
is less, until August 1, 1996. After
July 31, 1996, this item applies to all vehicles regardless of date of
manufacture;
(4) where the gross weight on any axle of a tridem exceeds
15,000 pounds, except that for vehicles to which an additional axle has been
added prior to June 1, 1981, the maximum gross weight on any axle of a tridem
may be up to 16,000 pounds provided the gross weight of the tridem combination
does not exceed 39,900 pounds where the first and third axles of the tridem are
spaced nine feet apart;
(5) where the gross weight on any group of axles exceeds the
weights permitted under sections 169.822 to 169.829 with any or all of the
interior axles disregarded, and with an exterior axle disregarded if the
exterior axle is a variable load axle that is not carrying its intended weight,
and their gross weights subtracted from the gross weight of all axles of the
group under consideration.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Page
20, after line 4, insert:
"Sec. 10.
Minnesota Statutes 2004, section 169.87, subdivision 2, is amended to
read:
Subd. 2. Seasonal load restriction. Except for portland cement concrete roads,
between the dates set by the commissioner of transportation each year, the weight
on any single axle shall not exceed five seven tons on a county
highway, town road, or city street that has not been restricted as provided in
subdivision 1. The gross weight on
consecutive axles shall not exceed the gross weight allowed in sections 169.822
to 169.829 multiplied by a factor of five divided by nine. This reduction shall not apply to the gross
vehicle weight.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
The Speaker called Abrams to the Chair.
Hortman; Paymar; Erhardt; Nelson, P.; Ruud
and Lenczewski moved to amend H. F. No. 3761, the fourth engrossment, as
amended, as follows:
Page 14, after line 19, insert:
"Sec. 5.
Minnesota Statutes 2004, section 169.685, subdivision 5, is amended to
read:
Subd. 5. Violation; petty misdemeanor. (a) Every motor vehicle operator, when
transporting a child under the age of four six on the streets and
highways of this state in a motor vehicle equipped with factory-installed seat
belts, shall equip and install for use in the motor vehicle, according to the
manufacturer's instructions, a child passenger restraint system meeting federal
motor vehicle safety standards.
(b) No motor vehicle operator who is operating a motor
vehicle on the streets and highways of this state may transport a child under
the age of four six in a seat of a motor vehicle equipped with a
factory-installed seat belt, unless the child is properly fastened in the child
passenger restraint system.
(c) Any motor vehicle operator who violates this
subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine
of not more than $50. The fine for
the first violation may be waived or the amount reduced if the motor
vehicle operator produces evidence that within 14 days after the date of the
violation a child passenger restraint system meeting federal motor vehicle
safety standards was purchased or obtained for the exclusive use of the
operator.
(c) (d) The fines collected for violations
of this subdivision must be deposited in the state treasury and credited to a
special account to be known as the Minnesota child passenger restraint and
education account.
EFFECTIVE
DATE. This section is
effective for offenses committed on or after August 1, 2006."
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 Hortman et
al amendment and the roll was called.
There were 50 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Bernardy
Carlson
Cornish
Cox
Davnie
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Gazelka
Goodwin
Greiling
Hausman
Haws
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Knoblach
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Nelson, P.
Paymar
Pelowski
Peterson, N.
Peterson, S.
Poppe
Powell
Ruud
Scalze
Sieben
Simon
Slawik
Thissen
Tingelstad
Wagenius
Those who voted in the negative were:
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Koenen
Kohls
Krinkie
Lanning
Lesch
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Penas
Peppin
Peterson, A.
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Solberg
Sykora
Thao
Urdahl
Vandeveer
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
The Speaker resumed the Chair.
Nelson, P., moved to amend H. F. No. 3761,
the fourth engrossment, as amended, as follows:
Pages 13 and 14, delete section 3
Page 14, delete section 4
Pages 19 and 20, delete sections 7 and 8
A roll call was requested and properly
seconded.
The question was taken on the Nelson, P.,
amendment and the roll was called. There
were 40 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Beard
Blaine
Bradley
Buesgens
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erickson
Garofalo
Gazelka
Hackbarth
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Kohls
Krinkie
Lanning
Meslow
Nelson, P.
Nornes
Ozment
Peppin
Ruth
Simpson
Soderstrom
Sykora
Vandeveer
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Atkins
Bernardy
Brod
Carlson
Charron
Cox
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Moe
Mullery
Murphy
Nelson, M.
Newman
Olson
Otremba
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Slawik
Smith
Solberg
Thao
Thissen
Tingelstad
Wagenius
Walker
Wardlow
Welti
The motion did not prevail and the
amendment was not adopted.
Carlson; Nelson, M., and Hilstrom moved to
amend H. F. No. 3761, the fourth engrossment, as amended, as follows:
Page 22, after line 13, insert:
"Sec. 15. CRYSTAL AIRPORT; REPORT.
By February 1, 2007, the commissioner of transportation must
submit a report to the legislature under Minnesota Statutes, section 3.195, and
to the chairs and ranking minority members of the senate and house committees having
jurisdiction over airport issues. The
report must include:
(1) an economic analysis of the Crystal Airport, including
local and regional economic impacts;
(2) an analysis of potential alternative uses of the land
currently occupied by the Crystal Airport, including the costs and benefits of
the alternative uses; and
(3)
recommendations on which of the uses of the land currently occupied by the
Crystal Airport would be of the greatest benefit to the general public.
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.
Vandeveer; Garofalo; Solberg; Mariani; Krinkie; Atkins;
Goodwin; Rukavina; Penas; Dean; Anderson, B.; Emmer; Entenza; Juhnke;
Tingelstad and Charron moved to amend H. F. No. 3761, the fourth engrossment,
as amended, as follows:
Page 12, after line 5, insert:
"Section 1. [160.94]
TOLL FACILITIES PROHIBITED.
Neither the commissioner nor
a road authority may impose or authorize the imposition of a toll for the use
of a bridge, highway, or highway lane.
Any bridge, highway, or highway lane having a toll imposed on or before
July 1, 2006 must have no toll imposed by July 1, 2013."
Page 22, after line 13,
insert:
"Sec. 15. REPEALER.
Minnesota Statutes 2004,
sections 160.84; 160.85; 160.86; 160.87; 160.88; 160.89; 160.90; 160.91;
160.92; and 160.93, are repealed."
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 Vandeveer et al amendment and the
roll was called. There were 60 yeas and
71 nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Atkins
Bernardy
Carlson
Davnie
Dean
Dorn
Eken
Ellison
Emmer
Entenza
Erickson
Fritz
Garofalo
Goodwin
Greiling
Hackbarth
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Koenen
Krinkie
Larson
Lenczewski
Liebling
Lillie
Mahoney
Marquart
Moe
Mullery
Murphy
Nelson, M.
Olson
Otremba
Pelowski
Penas
Peppin
Peterson, S.
Rukavina
Sailer
Sertich
Sieben
Smith
Solberg
Thao
Tingelstad
Vandeveer
Wagenius
Walker
Welti
Westrom
Those who voted in the negative were:
Abeler
Abrams
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Eastlund
Erhardt
Finstad
Gazelka
Gunther
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Kahn
Kelliher
Klinzing
Knoblach
Kohls
Lanning
Latz
Lesch
Lieder
Loeffler
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Paymar
Peterson, A.
Peterson, N.
Poppe
Powell
Ruth
Ruud
Samuelson
Scalze
Seifert
Severson
Simon
Simpson
Slawik
Soderstrom
Sykora
Thissen
Urdahl
Wardlow
Westerberg
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
Larson offered an amendment to
H. F. No. 3761, the fourth engrossment, as amended.
POINT OF ORDER
Paulsen raised a point of order pursuant
to rule 3.21 that the Larson amendment was not in order. The Speaker ruled the point of order well
taken and the Larson amendment out of order.
The Speaker called Davids to the Chair.
Peterson, A.; Juhnke; Koenen; Severson;
Wardlow and Eken moved to amend H. F. No. 3761, the fourth engrossment, as
amended, as follows:
Page 14, after line 19, insert:
"Sec. 5.
Minnesota Statutes 2004, section 169.06, subdivision 2, is amended to
read:
Subd. 2. Placement and maintenance on trunk highway. (a) The commissioner shall place and maintain
such traffic-control devices, conforming to the manual and specifications, upon
all state trunk highways as the commissioner shall deem necessary to indicate
and to carry out the provisions of this chapter or to regulate, warn, or guide
traffic. The commissioner may construct
and maintain signs at the entrance of each city, which sign shall have placed
thereon the name of the city and the population thereof, and for each
eligible city an additional sign or signs as described in paragraph (c). The commissioner may construct and maintain
other directional signs upon the trunk highways and such signs shall be
uniform. The commissioner may authorize
variations from the manual and specifications for the purpose of investigation
and research into the use and development of traffic control devices. When such authorized variation pertains to
the regulation of traffic, notice of the intended regulatory purpose shall be
published in a qualified newspaper of general circulation in the area where the
research is being conducted.
(b) No other authority shall place or maintain any traffic
control device upon any highway under the jurisdiction of the commissioner
except by the latter's permission.
(c)
For each city containing a Minnesota National Guard or reserves armory or
training and community center, the commissioner must allow placement of a sign
stating that the city is the home of the specified military unit that is
assigned to that armory or training and community center, including in military
parlance the type of military unit. The
sign must be furnished by a person or entity other than the Department of
Transportation, and must be approved by the commissioner in consultation with
the adjutant general of the national guard.
The commissioner is authorized to accept and expend money from nonstate
sources for the purpose of providing, installing, and maintaining the signs
authorized by this paragraph.
EFFECTIVE
DATE. This section is
effective July 1, 2006."
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 Peterson,
A., et al amendment and the roll was called.
There were 124 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
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
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Bradley
Emmer
Larson
Thissen
The motion prevailed and the amendment was
adopted.
Buesgens, Heidgerken, Zellers and Krinkie
moved to amend H. F. No. 3761, the fourth engrossment, as amended, as follows:
Page 7, line 17, strike "two
sections" and insert "a section"
Page 7, line 20, strike "described in
section 13"
Page 7, strike lines 24 to 27
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Buesgens et
al amendment and the roll was called.
There were 36 yeas and 94 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Bernardy
Buesgens
Carlson
Charron
Davids
Dean
DeLaForest
Eastlund
Eken
Ellison
Emmer
Entenza
Erickson
Greiling
Hackbarth
Hausman
Heidgerken
Hornstein
Johnson, S.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Larson
Liebling
Lieder
Murphy
Olson
Paymar
Peppin
Powell
Vandeveer
Wagenius
Zellers
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Blaine
Bradley
Brod
Cornish
Cox
Cybart
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hamilton
Hansen
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Lanning
Latz
Lenczewski
Lesch
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
CALL
OF THE HOUSE
On the motion of Demmer and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
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
Seifert moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed
and it was so ordered.
Erhardt moved to amend H. F. No. 3761, the
fourth engrossment, as amended, as follows:
Page 3, delete subdivision 5
Page 4, line 8, delete "41,000"
and insert "27,000"
Page 7, after line 13, insert:
"Sec. 9.
Minnesota Statutes 2004, section 297B.09, subdivision 1, is amended to
read:
Subdivision 1. Deposit of revenues. (a) Money collected and received under this
chapter must be deposited as provided in this subdivision.
(b) From July 1, 2002, to June 30, 2003, 32 percent of the
money collected and received must be deposited in the highway user tax
distribution fund, 20.5 percent must be deposited in the metropolitan area
transit fund under section 16A.88, and 1.25 percent must be deposited in the
greater Minnesota transit fund under section 16A.88. The remaining money must be deposited in the
general fund.
(c)of the money collected and received
must be deposited in the highway user tax distribution fund, 21.5 percent must
be deposited in the metropolitan area transit fund account under
section 16A.88, 1.43 percent must be deposited in the greater Minnesota transit
fund account under section 16A.88, 0.65 percent must be deposited
in the county state-aid highway fund, and 0.17 percent must be deposited in the
municipal state-aid street fund. The
remaining money must be deposited in the general fund.
(d) On and after (c) From July 1, 2007, 32 to June 30, 2008,
38.25 percent of the money collected and received must be deposited
in the highway user tax distribution fund, 20.5 percent must be deposited in
the metropolitan area transit fund under section 16A.88, and 1.25 25.5
percent must be deposited in the greater Minnesota transit fund
under section 16A.88. The remaining
money must be deposited in the general fund.
(d) From July 1, 2008, to June 30, 2009, 44.25 percent must
be deposited in the highway user tax distribution fund, and 29.5 percent must
be deposited in the transit fund. The
remaining money must be deposited in the general fund.
(e) From July 1, 2009, to June 30, 2010, 50.25 percent must
be deposited in the highway user tax distribution fund, and 33.5 percent must
be deposited in the transit fund. The
remaining money must be deposited in the general fund.
(f) From July 1, 2010, to June 30, 2011, 56.25 percent must
be deposited in the highway user tax distribution fund, and 37.5 percent must
be deposited in the transit fund. The
remaining money must be deposited in the general fund.
(g) On and after July 1, 2011, 60 percent must be deposited
in the highway user tax distribution fund, and 40 percent must be deposited in
the transit fund.
EFFECTIVE
DATE. This section is
effective upon adoption of the constitutional amendment proposed in Laws 2005,
chapter 88, article 3, section 9, as amended by this act, by the people at the
2006 general election."
Page 8, delete article 2
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
Adjust the totals accordingly
A roll call was requested and properly
seconded.
The question was taken on the Erhardt
amendment and the roll was called. There
were 59 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Atkins
Bernardy
Carlson
Cox
Davnie
Dill
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sertich
Sieben
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
Dittrich
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Latz
Magnus
McNamara
Meslow
Moe
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simon
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.
CALL OF THE HOUSE LIFTED
Entenza moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Abrams moved to amend H. F. No. 3761, the fourth engrossment,
as amended, as follows:
Page 21, after line 9, insert:
"Sec. 12. Minnesota Statutes 2005 Supplement, section
469.322, is amended to read:
469.322 DESIGNATION OF INTERNATIONAL ECONOMIC DEVELOPMENT ZONE.
(a) An area designated as a
foreign trade zone may be designated by the foreign trade zone authority as an
international economic development zone if within the zone a regional
distribution center is being developed pursuant to section 469.323. The zone must consist of contiguous area of
not less than 500 acres and not more than 1,000 acres. The designation authority under this section
is limited to one zone.
(b) In making the
designation, the foreign trade zone authority, in consultation with the
Minnesota Department of Transportation and the Metropolitan Council, shall
consider access to major transportation routes, consistency with current state
transportation and air cargo planning, adequacy of the size of the site, access
to airport facilities, present and future capacity at the designated airport,
the capability to meet integrated present and future air cargo, security, and
inspection services, and access to other infrastructure and financial
incentives. The border of the
international economic development zone must be no more than 60 miles distant
or 90 minutes drive time from the border of the Minneapolis-St. Paul
International Airport.
(c) Before final designation of the zone, the foreign trade
zone authority, in consultation with the applicant, must conduct a
transportation impact study based on the regional model and utilizing traffic
forecasting and assignments. The results
must be used to evaluate the effects of the proposed use on the transportation
system and identify any needed
improvements. If the site is in the
metropolitan area, the study must also evaluate the effect of the
transportation impacts on the metropolitan transportation system plan as well
as the comprehensive plans of the municipalities that would be affected. The authority shall provide copies of the
study to the legislature under section 3.195 and to the chairs of the
committees with jurisdiction over transportation and economic development. The applicant must pay the cost of the study.
(c) (d) Final zone designation must be
made by June 30, 2006 2008.
(d) (e) Duration of the zone is a 12-year
period beginning on January 1, 2007 2010.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes
2005 Supplement, section 469.323, subdivision 2, is amended to read:
Subd. 2. Business plan. Before designation of an international
economic development zone under section 469.322, the governing body of the
foreign trade zone authority shall prepare a business plan. The authority shall file the business plan
with the legislature under section 3.195 and provide copies to the chairs of
committees with jurisdiction over transportation and economic development. The plan must include an analysis of the
economic feasibility of the regional distribution center once it becomes
operational and of the operations of freight forwarders and other businesses
that choose to locate within the boundaries of the zone. The analysis must provide profitability
models that:
(1) include the benefits of the incentives;
(2) estimate the amount of time needed to achieve
profitability; and
(3) analyze the length of time incentives will be necessary
to the economic viability of the regional distribution center.
If the governing body of the foreign trade authority
determines that the models do not establish the economic feasibility of the
project, the regional distribution center does not meet the development
requirements of this section and section 469.322.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
The Speaker resumed the Chair.
Nelson, P.; Erickson and Powell moved to
amend H. F. No. 3761, the fourth engrossment, as amended, as follows:
Page 20, after line 4, insert:
"Sec.
9. Minnesota Statutes 2005 Supplement,
section 171.055, subdivision 2, is amended to read:
Subd. 2. Use of provisional license. (a) A provisional license holder may operate
a motor vehicle only when every occupant under the age of 18 15 has a seat belt or child passenger restraint
system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation
for a violation of this paragraph unless the officer lawfully stopped or
detained the driver of the motor vehicle for a moving violation as defined in
section 171.04. A passenger who is at least 15 years of age is subject
to the requirements and penalty of section 169.686. The commissioner shall not record a violation
of this paragraph on a person's driving record.
(b) A provisional license holder may not operate a vehicle
while communicating over, or otherwise operating, a cellular or wireless
telephone, whether handheld or hands free, when the vehicle is in motion. The provisional license holder may assert as
an affirmative defense that the violation was made for the sole purpose of
obtaining emergency assistance to prevent a crime about to be committed, or in
the reasonable belief that a person's life or safety was in danger.
(c) During the first year after receiving the license, a
provisional license holder who is under the age of 18 may not operate a motor
vehicle:
(1) with more than one passenger under age 21, except for
immediate family members; or
(2) between the hours of midnight and 5:00 a.m. unless
accompanied by the holder's parent or guardian.
(d) If the holder of a provisional license during the
period of provisional licensing incurs (1) a conviction for a violation of
section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) a
conviction for a crash-related moving violation as defined in section 171.04,
or (3) more than one conviction for a moving violation that is not crash
related, the person may not be issued a driver's license until 12 consecutive
months have expired since the date of the conviction or until the person
reaches the age of 18 years, whichever occurs first. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 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 Nelson, P.,
et al amendment and the roll was called.
There were 22 yeas and 110 nays as follows:
Those who voted in the affirmative were:
Abeler
Cox
Davnie
Dittrich
Ellison
Erhardt
Erickson
Hausman
Hornstein
Hortman
Kahn
Knoblach
Larson
Lenczewski
Liebling
Nelson, P.
Ozment
Peterson, S.
Powell
Ruud
Thissen
Wagenius
Those who voted in the negative were:
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Koenen
Kohls
Krinkie
Lanning
Latz
Lesch
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Poppe
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
The Speaker called Emmer to the Chair.
Simon, Erhardt and Newman moved to amend
H. F. No. 3761, the fourth engrossment, as amended, as follows:
Page 20, after line 4, insert:
"Sec. 9. [174.56] REPORT ON MAJOR HIGHWAY
PROJECTS.
Subdivision 1.
Report required. The commissioner of transportation shall
submit a report on January 15, 2007, and on January 15 of each year thereafter,
on the status of major highway projects under construction or planned during
the year of the report and for the ensuing 15 years. For purposes of this section, a "major
highway project" is a highway project that has a total cost for all
segments that the commissioner estimates at the time of the report to be at
least $10,000,000, and at least $50,000,000 in the metropolitan transportation
district.
Subd. 2. Report contents. For each major highway project the report
must include:
(1) a description of the project sufficient to specify its
scope and location;
(2) a history of the project, including, but not limited to,
previous official actions by the department and/or the appropriate area
transportation partnership, the date on which the project was first included in
the State Transportation Improvement Plan, the cost of the project at that
time, the dates of environmental approval, the dates of municipal approval, the
date of final geometric layout, and the date of establishment of any
construction limits;
(3) the project's priority listing or rank within its
construction district, if any, as well as the reasons for that listing or rank,
the criteria used in prioritization or rank, any changes in that prioritization
or rank since the project was first included in a department work plan, and the
reasons for those changes; and
(4) past and potential future reasons for delay in letting or
completion of the project."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Goodwin; Rukavina; Ellison; Hornstein;
Nelson, M.; Eken; Paymar; Simon; Johnson, S.; Scalze; Lieder; Moe; Greiling and
Hausman moved to amend H. F. No. 3761, the fourth engrossment, as amended, as
follows:
Page 22, after line 13, insert:
"Sec. 15. REPORT ON COMPARISON OF COSTS OF PUBLIC
AND PRIVATE WORK ON TRUNK HIGHWAY CONSTRUCTION.
The commissioner of transportation shall submit, no later than
September 1, an annual written report to the legislature, in compliance with
Minnesota Statutes, sections 3.195 and 3.197, and shall submit the report to
the chairs of the senate and house of representatives committees having
jurisdiction over transportation. The
report must identify:
(1) standard line item bid categories in trunk highway
construction contracts, including culvert installation or replacement; roadway
resurfacing; lane-mile cost of road construction; crack fill and seal;
consultant fees; sign replacement; drainage repair; guardrail and fence
replacement and repair; and striping;
(2) costs incurred in the previous fiscal year attributed to
work performed by state employees in each identified category; and
(3) costs attributable in the previous fiscal year to work
performed by private contractors in each identified category."
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 Goodwin et
al amendment and the roll was called.
There were 73 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Atkins
Bernardy
Carlson
Davids
Davnie
Dempsey
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Slawik
Smith
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
Welti
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Dean
DeLaForest
Demmer
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Seifert
Severson
Simpson
Soderstrom
Sykora
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Zellers
The motion prevailed and the amendment was adopted.
Vandeveer moved to amend H. F. No. 3761, the fourth
engrossment, as amended, as follows:
Page 12, after line 5, insert:
"Section 1. [160.94]
TOLL FACILITIES PROHIBITED.
Neither the commissioner nor
a road authority may impose or authorize the imposition of a toll for the use
of a bridge, highway, or highway lane, except for:
(1) a bridge connecting a
highway with an adjacent state or province; or
(2) any highway or highway
lane having a toll imposed on or before July 1, 2006, under section 160.93."
Page 22, after line 13,
insert:
"Sec. 16. REPEALER.
Minnesota Statutes 2004,
sections 160.84; 160.85; 160.86; 160.87; 160.88; 160.89; 160.90; 160.91; and
160.92, are repealed."
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 Vandeveer amendment and the roll
was called. There were 73 yeas and 59
nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Atkins
Bernardy
Carlson
Charron
Cornish
Davnie
Dean
Dill
Dorman
Dorn
Eken
Ellison
Emmer
Entenza
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Nornes
Olson
Otremba
Paymar
Pelowski
Peppin
Rukavina
Sailer
Samuelson
Seifert
Sertich
Sieben
Soderstrom
Solberg
Thao
Tingelstad
Vandeveer
Wagenius
Walker
Welti
Westrom
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Abeler
Abrams
Beard
Blaine
Bradley
Brod
Buesgens
Cox
Cybart
Davids
DeLaForest
Demmer
Dempsey
Dittrich
Eastlund
Erhardt
Erickson
Finstad
Gazelka
Hamilton
Hausman
Haws
Heidgerken
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Latz
Lieder
Magnus
McNamara
Meslow
Nelson, P.
Newman
Ozment
Paulsen
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Scalze
Severson
Simon
Simpson
Slawik
Smith
Sykora
Thissen
Urdahl
Wardlow
Westerberg
Wilkin
The motion prevailed and the amendment was adopted.
Krinkie, Dean and Olson moved to amend H. F. No. 3761, the
fourth engrossment, as amended, as follows:
Page 7, line 25, strike "60" and insert "80"
Page 7, line 26, strike "40" and insert "20"
A roll call was requested and properly seconded.
The question was taken on the Krinkie et al amendment and the
roll was called. There were 43 yeas and
89 nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Blaine
Brod
Buesgens
Charron
Cybart
Davids
Dean
DeLaForest
Dill
Dorman
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Hosch
Howes
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Magnus
Newman
Olson
Peppin
Powell
Rukavina
Ruth
Seifert
Severson
Soderstrom
Vandeveer
Westrom
Wilkin
Zellers
Those who
voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Bradley
Carlson
Cornish
Cox
Davnie
Demmer
Dempsey
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
Johnson, J., was excused for the remainder
of today's session.
The Speaker resumed the Chair.
Rukavina and Erhardt moved to amend H. F.
No. 3761, the fourth engrossment, as amended, as follows:
Page 13, after line 9, insert:
"Sec. 2. Minnesota
Statutes 2004, section 161.315, is amended by adding a subdivision to read:
Subd. 7. Minnesota based companies. (a) The commissioner shall award a public
contract made for construction, reconstruction, or maintenance of a road to a
Minnesota based company when: (1) the public contract is at least $150,000,000;
and (2) the total contractual obligation of the state for the entire project is
at least $200,000,000.
(b) For purposes of this subdivision, "Minnesota based
company" means a business, corporation, association, partnership, sole
proprietorship, or other entity formed to do business as a contractor,
subcontractor, or material supplier, whose principal place from which the trade
or business is directed or managed is in Minnesota.
(c) Nothing in this subdivision restricts an award for a
public contract when the conditions under paragraph (a) are not met."
A roll call was requested and properly
seconded.
The question was taken on the Rukavina and
Erhardt amendment and the roll was called.
There were 68 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Atkins
Bernardy
Carlson
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Smith
Solberg
Thao
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
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
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
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and the amendment was
adopted.
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; setting certain court deadlines and procedures; modifying provisions
relating to the town bridge account, town road construction and maintenance,
old automobile liens, public highway contracts, allowable vehicle weights on
highways, tow truck operators, impounded vehicles, highway signs, motorized
golf carts, area transportation partnerships, the rail service improvement
account, the tax attributable to fuel used by all-terrain vehicles, and a
connector highway agreement; repealing authority for future toll facilities;
requiring studies and reports; appropriating money; amending Minnesota Statutes
2004, sections 16A.88; 161.082, subdivision 2a; 161.315, by adding a
subdivision; 168B.06, subdivision 1; 168B.07, by adding a subdivision; 169.06,
subdivision 2; 169.823, subdivision 1; 169.824, subdivision 1; 169.829,
subdivision 2; 169.86, by adding a subdivision; 169.87, subdivision 2; 222.50,
subdivisions 6, 7; 296A.18, subdivision 4; 297A.94; 297B.09, subdivision 1;
471.345, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections
168A.20, subdivision 5; 169.01, subdivision 78; 169.81, subdivision 3c;
169.824, subdivision 2; 297A.815, by adding a subdivision; 469.322; 469.323,
subdivision 2; Laws 2005, chapter 88,
article 3, sections 9; 10; proposing coding for new law in Minnesota Statutes,
chapters 160; 167; 174; repealing Minnesota Statutes 2004, sections 160.84;
160.85; 160.86; 160.87; 160.88; 160.89; 160.90; 160.91; 160.92.
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 100 yeas and 31 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, R.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Lanning
Latz
Lieder
Lillie
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
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:
Davnie
Ellison
Entenza
Erhardt
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Krinkie
Larson
Lenczewski
Lesch
Liebling
Loeffler
Mahoney
Mullery
Nelson, M.
Paymar
Rukavina
Sertich
Sieben
Thao
Thissen
Wagenius
Walker
The bill was passed, as amended, and its
title agreed to.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 3185:
Mahoney, Simpson and Wilkin.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 3779:
Urdahl, Emmer and Rukavina.
There being no objection, the order of
business reverted to Reports of Standing Committees.
REPORTS OF STANDING COMMITTEES
Knoblach
from the Committee on Ways and Means to which was referred:
H. F. No.
3058, A bill for an act relating to state government; clarifying the Iron Range
Resources and Rehabilitation Board's funds expenditure approval process;
authorizing the lease of certain lands; requiring a long-range plan by the
board and commissioner; appropriating money; amending Minnesota Statutes 2004,
sections 298.22, subdivisions 1, 8, by adding a subdivision; 298.2213,
subdivision 4; 298.223, subdivisions 2, 3; Minnesota Statutes 2005 Supplement,
sections 298.296, subdivision 1; 298.298.
Reported the
same back with the following amendments:
Page 5, line
11, delete "$49,000,000" and insert "$12,500,000"
Page
5, line 14, delete "the day following final enactment" and
insert "July 1, 2007"
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. 1298, A bill for an act relating to environment;
enacting the Minnesota Electronics Recycling Act of 2005; providing penalties;
proposing coding for new law in Minnesota Statutes, chapter 116H.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
Joint Rule 2.03 has been waived for any subsequent committee
action on this bill.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 3058 was read for the second
time.
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:
H. F. No. 3383, A bill for an act relating
to the city of Grand Rapids; authorizing issuance of certain capital
improvement bonds.
Patrick E. Flahaven, Secretary
of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
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.
The Senate respectfully requests that a
Conference Committee be appointed thereon.
The Senate has appointed as such committee:
Senators Frederickson, Hottinger and Skoe.
Said Senate File is herewith transmitted
to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary
of the Senate
Ozment moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 762. The motion prevailed.
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. 2892, A bill for an act relating to higher education; authorizing the Minnesota State Colleges and Universities Board of Trustees to construct an academic building in Mankato.
Patrick E. Flahaven, Secretary
of the Senate
Dorn moved that the House refuse to concur
in the Senate amendments to H. F. No. 2892, that the Speaker
appoint a Conference Committee of 3 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 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. 3302, A bill for an act relating
to local government; modifying municipal and county planning and zoning
provisions; providing standards for preliminary plat approval in a proposed
development; amending Minnesota Statutes 2004, sections 394.25, subdivision 7;
462.358, subdivision 3b.
Patrick E. Flahaven, Secretary
of the Senate
Brod moved that the House refuse to concur
in the Senate amendments to H. F. No. 3302, that the Speaker
appoint a Conference Committee of 3 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 the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 3053, 3121 and 2833.
Patrice Dworak, First
Assistant Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No.
3053, A bill for an act relating to natural resources; providing for issuance
of all-terrain vehicle safety certificate; requiring rulemaking to allow
all-terrain vehicle or snowmobile use on privately owned land during legal
shooting hours of a deer season; amending Minnesota Statutes 2005 Supplement,
section 84.9256, subdivision 1.
The bill was
read for the first time.
Hackbarth
moved that S. F. No. 3053 and H. F. No. 3353, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
3121, A bill for an act relating to financial institutions; regulating
electronic financial terminals, and the expenses of organizing and
incorporating banks; authorizing the investment of health savings accounts in
transaction accounts; regulating the sale of forfeited vehicles by financial
institutions as secured parties; amending Minnesota Statutes 2004, sections
47.62, subdivision 1; 169A.63, subdivision 11; Minnesota Statutes 2005
Supplement, sections 47.75, subdivision 1; 48.15, subdivision 4; repealing
Minnesota Statutes 2004, sections 46.043; 47.62, subdivision 5.
The bill was
read for the first time.
Hamilton
moved that S. F. No. 3121 and H. F. No. 3688, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
2833, A bill for an act relating to human services; changing certain in-service
training requirements; requiring early childhood development training; changing
certain first aid training requirements; allowing the use of mesh sided
playpens or cribs under certain circumstances; establishing the Ramsey County
child care pilot project; providing an exception for notification of a variance
or set-aside; amending Minnesota Statutes 2004, sections 245A.023; 245A.14, by
adding a subdivision; Minnesota Statutes 2005 Supplement, sections 245A.14,
subdivision 12; 245A.146, subdivision 3; 245C.22, subdivision 7; 245C.24,
subdivision 2; 245C.301.
The bill was
read for the first time.
Abeler moved
that S. F. No. 2833 and H. F. No. 2807, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
CALENDAR FOR THE DAY
Paulsen moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2892:
Dorn, Nornes and Pelowski.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 3302:
Brod, Hornstein and Charron.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 762:
Ozment, Penas and Juhnke.
MOTIONS AND RESOLUTIONS
Dittrich moved that her name be stricken
as an author on H. F. No. 1298.
The motion prevailed.
Nelson, P., moved that the name of Ruud be
added as an author on H. F. No. 3050. The motion prevailed.
Abrams moved that the names of McNamara
and Juhnke be added as authors on H. F. No. 3423. The motion prevailed.
Heidgerken moved that the name of Loeffler
be added as an author on H. F. No. 3458. The motion prevailed.
Hornstein moved that the names of Dittrich
and Larson be added as authors on H. F. No. 3718. The motion prevailed.
Seifert moved that the name of Nelson, P.,
be added as an author on H. F. No. 4094. The motion prevailed.
Vandeveer moved that the name of Nelson,
P., be added as an author on H. F. No. 4119. The motion prevailed.
Krinkie moved that the name of Nelson, P.,
be added as an author on H. F. No. 4142. The motion prevailed.
Vandeveer moved that the name of Nelson,
P., be added as an author on H. F. No. 4155. The motion prevailed.
Kohls moved that the name of Nelson, P.,
be added as an author on H. F. No. 4186. The motion prevailed.
ADJOURNMENT
Paulsen moved that when the House adjourns
today it adjourn until 12:00 noon, Wednesday, May 17, 2006. The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 12:00 noon, Wednesday, May 17, 2006.
Albin A. Mathiowetz, Chief
Clerk, House of Representatives