Journal of the House - 51st Day - Thursday, April 19, 2007

A quorum was present.

Ozment was excused.

Anderson B., was excused until 12:20 p.m. Olson was excused until 1:15 p.m. Dominguez was excused until 4:15 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. McFarlane moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

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Sertich moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

REPORTS OF CHIEF CLERK

S. F. No. 218 and H. F. No. 556, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Beard moved that S. F. No. 218 be substituted for H. F. No. 556 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 241 and H. F. No. 211, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Zellers moved that the rules be so far suspended that S. F. No. 241 be substituted for H. F. No. 211 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 322 and H. F. No. 738, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Greiling moved that the rules be so far suspended that S. F. No. 322 be substituted for H. F. No. 738 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 358 and H. F. No. 1400, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Tingelstad moved that the rules be so far suspended that S. F. No. 358 be substituted for H. F. No. 1400 and that the House File be indefinitely postponed. The motion prevailed.

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S. F. No. 608 and H. F. No. 772, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Paymar moved that the rules be so far suspended that S. F. No. 608 be substituted for H. F. No. 772 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 758 and H. F. No. 1036, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Pelowski moved that S. F. No. 758 be substituted for H. F. No. 1036 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1069 and H. F. No. 1300, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Juhnke moved that S. F. No. 1069 be substituted for H. F. No. 1300 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1085 and H. F. No. 1316, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hortman moved that the rules be so far suspended that S. F. No. 1085 be substituted for H. F. No. 1316 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1131 and H. F. No. 1021, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Dill moved that the rules be so far suspended that S. F. No. 1131 be substituted for H. F. No. 1021 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1165 and H. F. No. 1303, 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. 1165 be substituted for H. F. No. 1303 and that the House File be indefinitely postponed. The motion prevailed.

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S. F. No. 1193 and H. F. No. 2045, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Atkins moved that the rules be so far suspended that S. F. No. 1193 be substituted for H. F. No. 2045 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1200 and H. F. No. 1453, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Hilty moved that S. F. No. 1200 be substituted for H. F. No. 1453 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1260 and H. F. No. 1939, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Tschumper moved that the rules be so far suspended that S. F. No. 1260 be substituted for H. F. No. 1939 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1266 and H. F. No. 1442, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Slawik moved that the rules be so far suspended that S. F. No. 1266 be substituted for H. F. No. 1442 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1285 and H. F. No. 1787, 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. 1285 be substituted for H. F. No. 1787 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1370 and H. F. No. 1824, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Faust moved that the rules be so far suspended that S. F. No. 1370 be substituted for H. F. No. 1824 and that the House File be indefinitely postponed. The motion prevailed.

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S. F. No. 1377 and H. F. No. 1340, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Tingelstad moved that the rules be so far suspended that S. F. No. 1377 be substituted for H. F. No. 1340 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1388 and H. F. No. 1640, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Faust moved that S. F. No. 1388 be substituted for H. F. No. 1640 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1417 and H. F. No. 1639, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Faust moved that S. F. No. 1417 be substituted for H. F. No. 1639 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1432 and H. F. No. 1101, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Faust moved that the rules be so far suspended that S. F. No. 1432 be substituted for H. F. No. 1101 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1464 and H. F. No. 1704, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Tillberry moved that the rules be so far suspended that S. F. No. 1464 be substituted for H. F. No. 1704 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1483 and H. F. No. 1294, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Berns moved that S. F. No. 1483 be substituted for H. F. No. 1294 and that the House File be indefinitely postponed. The motion prevailed.

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S. F. No. 1509 and H. F. No. 1708, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Peterson, N., moved that S. F. No. 1509 be substituted for H. F. No. 1708 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1581 and H. F. No. 1892, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Atkins moved that the rules be so far suspended that S. F. No. 1581 be substituted for H. F. No. 1892 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1597 and H. F. No. 1957, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bigham moved that the rules be so far suspended that S. F. No. 1597 be substituted for H. F. No. 1957 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1675 and H. F. No. 1157, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Haws moved that S. F. No. 1675 be substituted for H. F. No. 1157 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1705 and H. F. No. 1287, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Davnie moved that S. F. No. 1705 be substituted for H. F. No. 1287 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1735 and H. F. No. 993, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Norton moved that S. F. No. 1735 be substituted for H. F. No. 993 and that the House File be indefinitely postponed. The motion prevailed.

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S. F. No. 1755 and H. F. No. 1486, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Pelowski moved that the rules be so far suspended that S. F. No. 1755 be substituted for H. F. No. 1486 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1790 and H. F. No. 1990, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Ruud moved that S. F. No. 1790 be substituted for H. F. No. 1990 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1902 and H. F. No. 1555, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Simon moved that S. F. No. 1902 be substituted for H. F. No. 1555 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1949 and H. F. No. 2135, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Loeffler moved that the rules be so far suspended that S. F. No. 1949 be substituted for H. F. No. 2135 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2030 and H. F. No. 1493, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Simon moved that S. F. No. 2030 be substituted for H. F. No. 1493 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2043 and H. F. No. 2223, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Abeler moved that the rules be so far suspended that S. F. No. 2043 be substituted for H. F. No. 2223 and that the House File be indefinitely postponed. The motion prevailed.

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SECOND READING OF SENATE BILLS

S. F. Nos. 218, 241, 322, 358, 608, 758, 1069, 1085, 1131, 1165, 1193, 1200, 1260, 1266, 1285, 1370, 1377, 1388, 1417, 1432, 1464, 1483, 1509, 1581, 1597, 1675, 1705, 1735, 1755, 1790, 1902, 1949, 2030 and 2043 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Wollschlager, McNamara, Atkins, Thao and Anderson, B., introduced:

H. F. No. 2436, A resolution memorializing Congress regarding nuclear waste storage.

The bill was read for the first time and referred to the Energy Finance and Policy Division.

Hausman introduced:

H. F. No. 2437, A bill for an act relating to drivers' licenses; requiring study of driver's license vision-screening standards.

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

Dettmer introduced:

H. F. No. 2438, A bill for an act relating to taxation; providing that property located within certain tax increment financing districts in the city of Centerville is not commercial industrial property for purposes of metropolitan revenue distribution.

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

Dettmer introduced:

H. F. No. 2439, A bill for an act relating to taxation; providing a sales tax exemption for construction materials and equipment used to construct improvements in certain tax increment financing districts in the city of Centerville; amending Minnesota Statutes 2006, section 297A.71, by adding a subdivision.

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

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Hausman, Dill, McNamara, Cornish and Hansen introduced:

H. F. No. 2440, A bill for an act relating to capital improvements; appropriating money for the fish habitat educational display at the Minnesota State Fair; authorizing the sale and issuance of state bonds.

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

Davnie, Kelliher, Lenczewski, Erhardt and Paulsen introduced:

H. F. No. 2441, A bill for an act relating to taxation; corporate franchise; modifying the definition of sales from performance of services for regulated investment companies under the apportionment formula; amending Minnesota Statutes 2006, section 290.191, subdivision 5.

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

Kahn, Rukavina, Jaros, Haws, DeLaForest and Solberg introduced:

H. F. No. 2442, A bill for an act relating to gambling; authorizing the State Lottery to offer games involving sports wagering and sports wagering pools; authorizing sports bookmaking under licenses issued by the director of the State Lottery; imposing a tax on licensed sports bookmaking; creating a Minnesota active recreation fund; amending Minnesota Statutes 2006, sections 349A.01, by adding a subdivision; 349A.02, subdivision 3; 349A.04; 349A.06, subdivisions 1, 5, 6, 7, 8, 11; 349A.08; 349A.09; 349A.10, subdivisions 4, 5; 349A.11, subdivision 1; 349A.12; 349A.13; 609.75, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 349A.

The bill was read for the first time and referred to the Committee on Commerce and Labor.

Lenczewski introduced:

H. F. No. 2443, A bill for an act relating to taxation; imposing a gross receipts tax on card club operations; reducing the combined receipts tax on gambling; amending Minnesota Statutes 2006, sections 240.30, by adding a subdivision; 297E.02, subdivision 6.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Madam 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. 2227, A bill for an act relating to appropriations; appropriating money for agriculture and veterans affairs; modifying disposition of certain revenue and funds; modifying certain grant and loan requirements; modifying use of Minnesota grown label; modifying and creating certain funds and accounts; eliminating the aquatic

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pest control license; modifying permit and safeguard requirements; modifying and establishing certain fees and surcharges; creating a food safety and defense task force; requiring certain studies and reports; providing for NextGen energy; changing certain provisions related to veterans and members of the national guard and reserves; amending Minnesota Statutes 2006, sections 3.737, subdivision 1; 3.7371, subdivision 3; 17.03, subdivision 3; 17.101, subdivision 2; 17.102, subdivisions 1, 3, 4, by adding subdivisions; 17.117, subdivisions 1, 4, 5a, 5b, 11; 17.983, subdivision 1; 17B.03, by adding a subdivision; 18B.065, subdivisions 1, 2a; 18B.26, subdivision 3; 18B.33, subdivision 1; 18B.34, subdivision 1; 18B.345; 18C.305, by adding a subdivision; 18E.02, subdivision 5, by adding a subdivision; 18E.03, subdivision 4; 25.341, subdivision 1; 28A.04, subdivision 1; 28A.06; 28A.082, subdivision 1; 32.21, subdivision 4; 32.212; 32.394, subdivision 4; 32.415; 41B.03, subdivision 1; 41B.043, subdivisions 2, 3, 4; 41B.046, subdivision 4; 41B.047; 41B.055; 41B.06; 41C.05, subdivision 2; 116.0714; 156.001, by adding subdivisions; 156.12, subdivision 1; 197.75; 198.002, subdivision 2; 198.004, subdivision 1; 239.7911, subdivision 1; 327.201; 343.10; proposing coding for new law in Minnesota Statutes, chapters 18C; 28A; 35; 41A; 192; 197; repealing Minnesota Statutes 2006, sections 17.109; 18B.315; 18C.425, subdivision 5; 32.213; 35.08; 35.09; 35.10; 35.11; 35.12; 41B.043, subdivision 1a; 156.075; Laws 2006, chapter 258, section 14, subdivision 6; Minnesota Rules, parts 1705.0840; 1705.0850; 1705.0860; 1705.0870; 1705.0880; 1705.0890; 1705.0900; 1705.0910; 1705.0920; 1705.0930; 1705.0940; 1705.0950; 1705.0960; 1705.0970; 1705.0980; 1705.0990; 1705.1000; 1705.1010; 1705.1020; 1705.1030; 1705.1040; 1705.1050; 1705.1060; 1705.1070; 1705.1080; 1705.1086; 1705.1087; 1705.1088.

Patrick E. Flahaven, Secretary of the Senate

Juhnke moved that the House refuse to concur in the Senate amendments to H. F. No. 2227, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Murphy, E., and Loeffler were excused between the hours of 12:00 noon and 12:30 p.m.

Walker was excused between the hours of 12:00 noon and 1:10 p.m.

FISCAL CALENDAR

Pursuant to rule 1.22, Solberg requested immediate consideration of S. F. No. 2089.

S. F. No. 2089 was reported to the House.

Clark was excused between the hours of 12:10 p.m. and 12:55 p.m.

Rukavina moved to amend S. F. No. 2089, the third unofficial engrossment, as follows:

Pages 47 to 49, delete section 36 and insert:

"Sec. 36. WORKING GROUP ON STATE ROLE IN TRADE POLICY.

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Subdivision 1. Work group members. The department of employment and economic development must convene a working group to develop recommendations for establishing policies and procedures regarding the role of the state in federal trade policy and trade agreements. The working group must be comprised of fifteen (15) members as follows:

(1) the governor or his designee;

(2) the commissioner of the department of employment and economic development or his designee;

(3) the commissioner of the department of agriculture or his designee;

(4) the commissioner of the department of administration or his designee;

(5) the attorney general or her designee;

(6) two members of the Minnesota Senate one of whom is appointed by the senate majority leader and one appointed by the minority leader;

(7) two members of the Minnesota House of Representatives, one of whom is appointed by the speaker and one appointed by the minority leader;

(8) two members designated by the Minnesota AFL-CIO;

(9) two members representing labor organizations other than the AFL-CIO with one to be appointed by the Speaker of the Minnesota House of Representatives and one to be appointed by the Majority Leader of the Minnesota Senate; and

(10) two members designated by the Minnesota Chamber of Commerce.

The department of employment and economic development must provide administrative support to the working group.

Subd. 2. Duties; responsibilities. The working group may obtain input from other state and federal agencies as appropriate and may conduct public hearings to allow input from interested stakeholders. The working group must:

(1) determine the state's jurisdiction regarding federal trade policy and trade agreements;

(2) assess the state's current policies, procedures, roles and responsibilities for providing advice and consent on federal trade policy and trade agreements;

(3) review the current means through which the state interacts with the Office of the United States Trade Representative (USTR) and Congress regarding trade policy and trade agreements;

(4) inventory the federal trade policies and trade agreements that the state of Minnesota has formally approved or signed on to;

(5) examine trade policy models established by other states;

(6) develop recommendations for defining responsibilities and procedures for the state's role in federal trade policy and trade agreements; and

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(7) prepare legislative recommendations to implement the recommendations of the working group.

The working group must report its findings and recommendations to the governor and the legislature by December 1, 2007."

Page 102, delete lines 24 to 25

Page 103, line 19, delete "is reduced"

Page 103, line 20, delete "by $2,225,000 each year"

Page 103, line 21, before the period, insert "is $7,465,000 each year"

Page 105, line 24, delete everything after the period

Page 105, delete lines 25 and 26

Page 105, line 32, delete "$52,000" and insert "$7,000"

Page 106, line 14, delete "$1,460,000" and insert "$1,270,000"

The motion prevailed and the amendment was adopted.

Kohls moved that S. F. No. 2089, as amended, be re-referred to the Committee on Finance.

A roll call was requested and properly seconded.

The question was taken on the Kohls motion and the roll was called. There were 40 yeas and 86 nays as follows:

Those who voted in the affirmative were:

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

Sertich moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

There being no objection, the order of business reverted to Messages from the Senate.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam 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. 6, A bill for an act relating to education; providing for early childhood, family, adult, and prekindergarten through grade 12 education including general education, education excellence, special programs, facilities and technology, nutrition and accounting, libraries, state agencies, forecast adjustments, technical and

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conforming amendments, pupil transportation standards, and early childhood and adult programs; providing for task force and advisory groups; requiring school districts to give employees who are veterans the option to take personal leave on Veteran's Day and encouraging private employers to give employees who are veterans a day off with pay on Veteran's Day; requiring reports; authorizing rulemaking; funding parenting time centers; funding lead hazard reduction; appropriating money; amending Minnesota Statutes 2006, sections 13.32, by adding a subdivision; 16A.152, subdivision 2; 119A.50, by adding a subdivision; 119A.52; 119A.535; 120A.22, subdivision 7; 120B.021, subdivision 1; 120B.023, subdivision 2; 120B.024; 120B.11, subdivision 5; 120B.132; 120B.15; 120B.30; 120B.31, subdivision 3; 120B.36, subdivision 1; 121A.17, subdivision 5; 121A.22, subdivisions 1, 3, 4; 122A.16; 122A.18, by adding a subdivision; 122A.20, subdivision 1; 122A.414, subdivisions 1, 2; 122A.415, subdivision 1; 122A.60, subdivision 3; 122A.61, subdivision 1; 122A.628, subdivision 2; 122A.72, subdivision 5; 123A.73, subdivision 8; 123B.02, by adding a subdivision; 123B.10, subdivision 1, by adding a subdivision; 123B.143, subdivision 1; 123B.36, subdivision 1; 123B.37, subdivision 1; 123B.49, subdivision 4; 123B.53, subdivisions 1, 4, 5; 123B.54; 123B.57, subdivision 3; 123B.63, subdivision 3; 123B.77, subdivision 4; 123B.79, subdivisions 6, 8, by adding a subdivision; 123B.81, subdivisions 2, 4, 7; 123B.83, subdivision 2; 123B.88, subdivision 12; 123B.90, subdivision 2; 123B.92, subdivisions 1, 3, 5; 124D.095, subdivisions 2, 3, 4, 7; 124D.10, subdivisions 4, 8, 23a, 24; 124D.11, subdivision 1; 124D.111, subdivision 1; 124D.128, subdivisions 1, 2, 3; 124D.13, subdivisions 1, 2, 11, by adding a subdivision; 124D.135, subdivisions 1, 3, 5; 124D.16, subdivision 2; 124D.175; 124D.34, subdivision 7; 124D.4531; 124D.454, subdivisions 2, 3; 124D.531, subdivisions 1, 4; 124D.55; 124D.56, subdivisions 1, 2, 3; 124D.59, subdivision 2; 124D.65, subdivisions 5, 11; 124D.84, subdivision 1; 125A.11, subdivision 1; 125A.13; 125A.14; 125A.39; 125A.42; 125A.44; 125A.45; 125A.63, by adding a subdivision; 125A.75, subdivisions 1, 4; 125A.76, subdivisions 1, 2, 4, 5, by adding a subdivision; 125A.79, subdivisions 1, 5, 6, 8; 125B.15; 126C.01, subdivision 9, by adding subdivisions; 126C.05, subdivisions 1, 8, 15; 126C.10, subdivisions 1, 2, 2a, 2b, 4, 13a, 18, 24, 34, by adding a subdivision; 126C.126; 126C.13, subdivision 4; 126C.15, subdivision 2; 126C.17, subdivisions 6, 9; 126C.21, subdivisions 3, 5; 126C.41, by adding a subdivision; 126C.44; 126C.48, subdivisions 2, 7; 127A.441; 127A.47, subdivisions 7, 8; 127A.48, by adding a subdivision; 127A.49, subdivisions 2, 3; 128D.11, subdivision 3; 134.31, by adding a subdivision; 134.34, subdivision 4; 134.355, subdivision 9; 169.01, subdivision 6, by adding a subdivision; 169.443, by adding a subdivision; 169.447, subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivisions 13, 20; 171.02, subdivisions 2, 2a; 171.321, subdivision 4; 205A.03, subdivision 1; 205A.05, subdivision 1; 205A.06, subdivision 1a; 272.029, by adding a subdivision; 273.11, subdivision 1a; 273.1393; 275.065, subdivisions 1, 1a, 3; 275.07, subdivision 2; 275.08, subdivision 1b; 276.04, subdivision 2; 517.08, subdivision 1c; Laws 2005, First Special Session chapter 5, article 1, sections 50, subdivision 2; 54, subdivisions 2, as amended, 4, 5, as amended, 6, as amended, 7, as amended, 8, as amended; article 2, sections 81, as amended; 84, subdivisions 2, as amended, 3, as amended, 4, as amended, 6, as amended, 10, as amended; article 3, section 18, subdivisions 2, as amended, 3, as amended, 4, as amended, 6, as amended; article 4, section 25, subdivisions 2, as amended, 3, as amended; article 5, section 17, subdivision 3, as amended; article 7, section 20, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section 8, subdivisions 2, as amended, 5, as amended; article 9, section 4, subdivision 2; Laws 2006, chapter 263, article 3, section 15; Laws 2006, chapter 282, article 2, section 28, subdivision 4; article 3, section 4, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 119A; 121A; 122A; 123B; 124D; 135A; repealing Minnesota Statutes 2006, sections 120B.233; 121A.23; 123A.22, subdivision 11; 123B.81, subdivision 8; 124D.06; 124D.081, subdivisions 1, 2, 3, 4, 5, 6, 9; 124D.454, subdivisions 4, 5, 6, 7; 124D.531, subdivision 5; 124D.62; 125A.10; 125A.75, subdivision 6; 125A.76, subdivision 3; 169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26.

Patrice Dworak, First Assistant Secretary of the Senate

Greiling moved that the House refuse to concur in the Senate amendments to H. F. No. 6, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

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Madam 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. 829, A bill for an act relating to state government; appropriating money for public safety and corrections initiatives, courts, public defenders, tax court, Uniform Laws Commission and Board on Judicial Standards; providing certain general criminal and sentencing provisions; regulating DWI and driving provisions; modifying or establishing various provisions relating to public safety; providing for residency documentation; regulating corrections, the courts, and emergency communications; regulating scrap metal dealers; modifying certain law enforcement, insurance, human services, and public defense provisions; providing immunity from certain civil liability; establishing reduced ignition propensity standards for cigarettes; providing conditional repeals of certain laws; providing penalties; amending Minnesota Statutes 2006, sections 2.722, subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1; 13.87, subdivision 1; 15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2; 16C.23, subdivision 2; 168.012, subdivision 1; 169.13, by adding a subdivision; 169.471, subdivision 2; 169A.275, by adding a subdivision; 169A.51, subdivision 7; 171.09, subdivision 1; 171.12, by adding a subdivision; 171.55; 241.016, subdivision 1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69, subdivisions 3, 4; 243.167, subdivision 1; 243.55, subdivision 1; 244.05, by adding a subdivision; 245.041; 253B.09, subdivision 3a; 260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130, subdivision 1; 260B.141, subdivision 4; 260B.198, subdivision 6; 260C.193, subdivision 6; 270A.03, subdivision 5; 299A.641, subdivision 2; 299C.65, subdivisions 2, 5; 302A.781, by adding a subdivision; 325E.21; 352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 6, 7; 401.15, subdivision 1; 403.07, subdivision 4; 403.11, subdivision 1, by adding subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83; 504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 518B.01, subdivisions 6a, 22; 548.091, subdivision 1a; 549.09, subdivision 1; 563.01, by adding a subdivision; 590.05; 595.02, subdivision 1; 609.02, subdivision 16; 609.055; 609.135, subdivision 8, by adding a subdivision; 609.15, subdivision 1; 609.21, subdivisions 1, 4a, 5, by adding subdivisions; 609.221, subdivision 2; 609.2232; 609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 3; 609.3455, subdivision 4, by adding a subdivision; 609.352; 609.505, subdivision 2; 609.581, by adding subdivisions; 609.582, subdivision 2; 609.595, subdivisions 1, 2; 609.748, subdivisions 1, 5; 609.75, subdivision 8, by adding subdivisions; 611.14; 611.20, subdivision 6; 611.215, subdivisions 1, 1a; 611.23; 611.24; 611.25, subdivision 1; 611.26, subdivisions 2, 7; 611.27, subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions 2, 7; 611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision; 626.5572, subdivision 21; 634.15, subdivisions 1, 2; 641.05; 641.15, by adding a subdivision; 641.265, subdivision 2; Laws 2001, First Special Session chapter 8, article 4, section 4; Laws 2003, First Special Session chapter 2, article 1, section 2; proposing coding for new law in Minnesota Statutes, chapters 72A; 171; 241; 299A; 299F; 357; 484; 504B; 540; 604; 609; 611A; repealing Minnesota Statutes 2006, sections 169.796, subdivision 3; 241.021, subdivision 5; 241.85, subdivision 2; 260B.173; 403.31, subdivision 6; 480.175, subdivision 3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; Laws 2005, First Special Session chapter 6, article 3, section 91.

Patrice Dworak, First Assistant Secretary of the Senate

Paymar moved that the House refuse to concur in the Senate amendments to H. F. No. 829, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

FISCAL CALENDAR

Pursuant to rule 1.22, Solberg requested immediate consideration of S. F. No. 1989.

Journal of the House - 51st Day - Thursday, April 19, 2007 - Top of Page 4031

S. F. No. 1989 was reported to the House.

Buesgens moved to amend S. F. No. 1989, the unofficial engrossment, as follows:

Page 26, delete section 2

Pages 37 to 39, delete section 23

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 amendment and the roll was called. There were 46 yeas and 87 nays as follows:

Those who voted in the affirmative were:

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

There being no objection, the order of business reverted to Messages from the Senate.

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Madam Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 2089, A bill for an act relating to state government; appropriating money for jobs and economic development purposes; establishing and modifying certain programs; regulating certain activities and practices; providing for accounts, assessments, and fees; modifying provisions governing contractors; requiring studies; amending Minnesota Statutes 2006, sections 13.712, by adding a subdivision; 13.7905, by adding a subdivision; 16B.61, subdivision 1a; 16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 80A.28, subdivision 1; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.17, subdivision 1; 116L.20, subdivision 1; 116M.18, subdivision 6a; 177.27, subdivisions 1, 4; 268A.01, subdivision 13, by adding a subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision; 298.22, subdivision 2; 298.227; 326.242, subdivision 8, by adding a subdivision; 326.2441; 326.37, subdivision 1; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.42, subdivision 1; 326.46; 326.461, by adding a subdivision; 326.47, subdivisions 2, 6; 326.48, subdivisions 1, 2; 326.50; 326.51; 326.52; 326.975, subdivision 1; 326.992; 327.33, subdivisions 2, 6; 327B.04, subdivision 7; 462A.21, subdivision 8b; 462A.33, subdivision 3; 471.471, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 177; 181; 182; 326; proposing coding for new law as Minnesota Statutes, chapters 59C; 326B; repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision 2; 181.722; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; 326.64; 326.975.

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The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Tomassoni, Metzen, Sparks, Scheid and Koch.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrice Dworak, First Assistant Secretary of the Senate

Rukavina moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 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. 2089. The motion prevailed.

The Speaker called Thissen to the Chair.

FISCAL CALENDAR

Pursuant to rule 1.22, Solberg requested immediate consideration of S. F. No. 1997.

S. F. No. 1997 was reported to the House.

Kahn moved to amend S. F. No. 1997, the third unofficial engrossment, as follows:

Page 36, line 17, delete "government entity" and insert "state agency"

Page 57, line 32, delete "of administration"

Page 58, line 5, delete "person who" and insert "business that"

Page 58, line 6, after "certificate" insert "as" and after "commissioner" insert "of administration"

Page 58, line 8, delete "of administration"

Page 59, after line 34, insert:

"(d) For purposes of this section, a person is an "employee" of a school district during any period of employment with that district after the person has been employed by the district for at least one school year."

Page 75, line 3, delete "109" and insert "110"

The motion prevailed and the amendment was adopted.

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Kahn moved to amend S. F. No. 1997, the third unofficial engrossment, as amended, as follows:

Page 39, after line 25, insert:

"Sec. 45. Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read:

Subdivision 1. ~~Governor's Advisory Council on Technology for People with Disabilities~~ Federal Assistive Technology Act. (a) The Department of Administration shall serve as the lead agency to assist the Minnesota Governor's Advisory Council on Technology for People with Disabilities in carrying out all responsibilities pursuant to United States Code, title 29, section 2211 et seq., and any other responsibilities related to that program is designated as the lead agency to carry out all the responsibilities under the Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended. The Minnesota Assistive Technology Advisory Council is established to fulfill the responsibilities required by the Assistive Technology Act, as provided by Public Law 108-364, as amended. Because the existence of this council is required by federal law, this council does not expire and the expiration date provided in section 15.059, subdivision 5, does not apply.

(b) The governor shall appoint the membership of the council as required by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended. After the governor has completed the appointments required by this subdivision, the commissioner of administration, or the commissioner's designee, shall convene the first meeting of the council following the appointments. Members shall serve two-year terms commencing July 1 of each odd-numbered year, and receive the compensation specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended. The members of the council shall select their chair at the first meeting following their appointment."

Page 87, line 6, after "16A.102;" insert "16B.055, subdivision 3;"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Westrom moved to amend S. F. No. 1997, the third unofficial engrossment, as amended, as follows:

Page 134, line 34, strike "are equal to or greater than" and insert "exceed"

Page 135, line 2, delete "equal to or greater than" and insert "that exceeds"

The motion prevailed and the amendment was adopted.

Kohls moved to amend S. F. No. 1997, the third unofficial engrossment, as amended, as follows:

Page 87, after line 4, insert:

"Sec. 123. 2008 LEGISLATIVE SESSION CONVENING DATE.

Neither house of the legislature may convene for the 2008 regular session prior to March 1, 2008."

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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 Kohls amendment and the roll was called. There were 48 yeas and 84 nays as follows:

Those who voted in the affirmative were:

Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Journal of the House - 51st Day - Thursday, April 19, 2007 - Top of Page 4054

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Zellers

Spk. Kelliher