Journal of the House - 69th Day - Tuesday, May 15, 2007

Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

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

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

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

Otremba

Paulsen

Paymar

Pelowski

Peppin

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

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher

A quorum was present.

DeLaForest was excused until 10:30 a.m. Olson was excused until 11:50 a.m. Ozment was excused until 12:40 p.m.

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

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6680

FISCAL CALENDAR ANNOUNCEMENT

Pursuant to rule 1.22, Solberg announced his intention to place H. F. No. 464 on the Fiscal Calendar for Tuesday, May 15, 2007.

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

RECESS

The colors were presented by officers from the Minnesota Law Enforcement Memorial Association Honor Guard and Bill Gilchrist, a piper with the Minnesota Police Pipers, who performed the "Thin Blue Line" in recognition of Police Week beginning May 14, 2007 and Peace Officers Memorial Day on May 15, 2007.

RECONVENED

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

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Lenczewski from the Committee on Taxes to which was referred:

H. F. No. 413, A bill for an act relating to commerce; regulating franchise agreements between outdoor sport equipment dealers and manufacturers; establishing registration requirements; amending Minnesota Statutes 2006, sections 84.788, by adding a subdivision; 84.798, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 80G.

Reported the same back with the following amendments:

Page 1, delete lines 8 and 9

Page 10, delete article 2

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 3, delete "establishing registration requirements;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6681

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 1208, A bill for an act relating to state government; changing provisions for construction codes and licensing provisions; providing penalties and enforcement; instructing the revisor to renumber certain statutory sections; appropriating money; amending Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64, by adding a subdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 183.54, subdivisions 1, 3; 183.545, by adding a subdivision; 183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01, subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision 1; 325E.37, subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243; 326.244, subdivisions 1a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245; 326.248; 326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46; 326.461, by adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 1; 326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4, 6, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471; proposing coding for new law in Minnesota Statutes, chapters 326; 327B; proposing coding for new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions 4, 6h, 9, 10, 11, 12, 13; 326.241; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461; 326.247; 326.40, subdivision 4; 326.41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.

Reported the same back with the following amendments:

Page 109, line 10, delete "$90" and insert "$30"

Page 199, line 8, after "TRANSFER;" insert "APPROPRIATION REDUCTION;"

Page 199, line 12, after the period, insert "If an annual transfer for this purpose is enacted more than once in the 2007 session, the annual transfer is effective only once."

Page 199, after line 12, insert:

"Sec. 2. APPROPRIATION REDUCTIONS.

(a) The general fund appropriation to the Commissioner of Labor and Industry is reduced by $2,800,000 in fiscal year 2008 and $2,862,000 in fiscal year 2009 and each fiscal year thereafter. If an annual appropriation reduction for this purpose is enacted more than once in the 2007 session, the annual reduction is effective only once.

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6682

(b) The state government special revenue fund appropriation to the Commissioner of Labor and Industry is reduced by $1,874,000 in fiscal year 2008 and $1,918,000 in fiscal year 2009 and each fiscal year thereafter. If an annual appropriation reduction for this purpose is enacted more than once in the 2007 session, the annual reduction is effective only once."

Page 199, line 14, before "Minnesota" insert "(a)" and delete "16B.747, subdivision 4;"

Page 199, line 22, after "sections" insert "16B.747, subdivision 4;"

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 4, after "money;" insert "providing appropriation reductions;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Lenczewski from the Committee on Taxes to which was referred:

H. F. No. 1940, A bill for an act relating to airports; creating an advisory task force to study airport funding issues and the state airports fund; authorizing agreement relating to Willmar airport; requiring a report; appropriating money.

Reported the same back with the following amendments:

Page 1, line 20, delete "three" and insert "two" and after "senate" insert "tax committee" and delete "Subcommittee on Committees of" and insert "chair of the tax committee"

Page 1, line 21, delete everything before the semicolon

Page 1, line 22, delete "three" and insert "two" and before the comma, insert "tax committee" and after the comma, delete "two" and delete "speaker of" and insert "chair of the tax committee"

Page 1, line 23, delete everything before the period

Page 2, line 2, before "aviation" insert "taxes or"

Page 2, line 3, after the period, insert "The chair of the task force shall be elected by the members appointed by the chairs of the house of representatives and senate tax committees at the first meeting of the task force."

Page 2, line 5, after "organizations" insert "or entities"

Page 2, line 14, delete "and"

Page 2, line 15, delete the period and insert "; and"

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6683

Page 2, after line 15, insert:

"(10) municipalities that own or operate airports."

Page 2, line 17, delete everything after the period

Page 2, delete line 18

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 413 and 1208 were read for the second time.

CALENDAR FOR THE DAY

S. F. No. 1495, A bill for an act relating to employment; extending laws governing payroll card accounts; amending Laws 2005, chapter 158, section 4.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 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

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

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

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

Otremba

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6684

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher

The bill was passed and its title agreed to.

S. F. No. 1048 was reported to the House.

Hilty moved to amend S. F. No. 1048, the first engrossment, as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 1051, the first engrossment:

"Section 1. Minnesota Statutes 2006, section 3.922, is amended to read:

3.922 INDIAN AFFAIRS COUNCIL.

Subdivision 1. Creation, membership. The state Indian Affairs Council is created to consist of the following ~~ex officio~~ members:

~~the governor or a member of the governor's official staff designated by the governor,~~

~~the commissioner of education,~~

~~the commissioner of human services,~~

~~the commissioner of natural resources,~~

~~the commissioner of human rights,~~

~~the commissioner of employment and economic development,~~

~~the commissioner of corrections,~~

~~the commissioner of the Minnesota Housing Finance Agency,~~

~~the commissioner of Iron Range resources and rehabilitation,~~

~~the commissioner of health,~~

~~the commissioner of transportation,~~

~~the commissioner of administration,~~

~~each of whom may designate a staff member to serve instead, and~~

~~three members of the house of representatives appointed by the speaker, and three members of the senate appointed by its Subcommittee on Committees.~~

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6685

~~Voting members of the council are the elected tribal chair of:~~

(1) one member of each of the following tribal sovereign nations, designated by the elected tribal president or chairperson of the governing bodies of: the Fond du Lac ~~Reservation Business Committee~~ Band;

the Grand Portage ~~Reservation Business Committee~~ Band;

the Mille Lacs ~~Reservation Business Committee~~ Band;

the White Earth ~~Reservation Business Committee~~ Band;

the Bois Forte (Nett Lake) ~~Reservation Business Committee~~ Band;

the Leech Lake ~~Reservation Business Committee~~ Band;

the Red Lake ~~Tribal Council~~ Nation;

the Upper Sioux ~~board of trustees~~ Community;

the Lower Sioux ~~Tribal Council~~ Community;

the Shakopee-Mdewankanton ~~General Council~~ Sioux Community;

the Prairie Island ~~Tribal Council~~ Mdewakanton Dakota Community; ~~and~~

(2) the directors or commissioners of each tribal agency as designated by the presidents or chairpersons of each band, tribe, or community;

~~two members to be selected under subdivision 2.~~

(3) a member of the governor's official staff designated by the governor;

the commissioner of education;

the commissioner of human services;

the commissioner of natural resources;

the commissioner of human rights;

the commissioner of employment and economic development;

the commissioner of corrections;

the commissioner of the Minnesota Housing Finance Agency;

the commissioner of Iron Range resources and rehabilitation;

the commissioner of health;

the commissioner of transportation;

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6686

the commissioner of veterans affairs;

the commissioner of administration, each of whom may designate a staff member to serve instead;

(4) three members of the house of representatives, including one member of the largest minority caucus, appointed by the speaker; and

(5) three members of the senate, including one member of the largest minority caucus, appointed by its Subcommittee on Committees.

~~The chairs of the Indian committees, trusts, or councils may designate in writing a member who has been elected at large to an office in the committee, trust, or council, to serve instead.~~ Members appointed to represent the house of representatives, or the senate ~~or tribal governments~~ shall no longer serve on the council when they are no longer members of the bodies which they represent and their offices shall be vacant. A member who is a designee of a tribal ~~chair~~ president or chairperson shall cease to be a member at the end of the term of the designating tribal ~~chair~~ president or chairperson. ~~Ex officio members or their designees on~~ Only members of the council designated under clause (1) shall ~~not~~ vote.

~~Subd. 2.~~ ~~Additional members.~~ Two members of the council shall be elected at large by Indian residents of Minnesota who are legal members and eligible voters of a federally recognized tribe in accordance with the criteria of the tribe and are not members of any federally recognized tribe with a reservation in Minnesota. The election shall be in a manner prescribed by the secretary of state. The manner of election, certification, and contest shall, as far as reasonably possible, be consistent with procedures employed in general elections in the state to ensure a fair election and ready access to the election process by eligible voters. The voting procedure shall include voting by absentee ballot. A person is eligible to serve as an at-large member of the council if at the time of the election the person is a qualified voter within the requirements of the Minnesota Constitution, article VII and a member of a federally recognized tribe that does not have a reservation in Minnesota. The election shall be certified and regulated by the secretary of state. Elections shall be held by April 14, 1981, and by every fourth April 14 thereafter. The term of office for at-large members is four years commencing on the April 20 following the election and ending at 12:01 a.m., April 20 four years later.

Subd. 3. Compensation; expenses. Compensation of ~~nonlegislator~~ members appointed under subdivision 1, clause (1), is as provided in section ~~15.059, but,~~ 15.0575. Because the council performs functions that are not purely advisory, the expiration dates provided in ~~that~~ section 15.059 do not apply. Expenses of the council must be approved by two of any three members of the council designated by the council and then be paid in the same manner as other state expenses. The ~~executive secretary~~ chair shall inform the commissioner of finance in writing of the names of the persons authorized to approve expenses.

Subd. 4. Meetings. Meetings may be called by the chair or at the written request of five members of the council. A majority of the voting members of the council is a quorum.

Subd. 5. Officers; personnel; authority. The council shall annually elect a chair and other officers as it may deem necessary. The chair may appoint subcommittees necessary to fulfill the duties of the council. It shall also employ and prescribe the duties of employees and agents as it deems necessary at the direction of elected tribal leaders. The compensation of the executive director of the ~~board~~ council is as provided by section 43A.18. All employees are in the unclassified service. ~~The chair is an ex officio member of the State Board of Human Rights.~~ Appropriations and other funds of the council are subject to chapter 16C. The council may contract in its own name. Contracts must be approved by a majority of the members of the council with the approval of elected tribal leaders and executed by the chair and the executive director. The council may apply for, receive, and spend in its own name, grants and gifts of money consistent with the powers and duties specified in this section. The council shall maintain its primary office in Bemidji. It shall also maintain personnel and office space in St. Paul.

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6687

Subd. 6. Duties. The primary duties of the council are to:

~~(1) clarify for the legislature and state agencies the nature of tribal governments and the relationship of tribal governments to the Indian people of Minnesota;~~

~~(2) assist the secretary of state in establishing an election of at-large members of the council;~~

~~(3)~~ (1) analyze and make recommendations to tribal elected leaders and to members of the legislature and the governor on ~~desired and needed~~ legislation ~~to benefit the statewide Indian community and communicate to the members of the legislature when legislation has or will have an adverse effect on the statewide Indian community;~~

~~(4) provide, through the elected apparatus of the council, an effective conduit to the legislature for~~ and information on programs, proposals, and projects ~~submitted by~~ of importance to tribal governments~~, organizations, committees, groups, or individuals~~ and nontribal Indian organizations;

~~(5) provide a continuing dialogue with members of the tribal governments to improve their knowledge of the legislative process, state agencies, and governmental due process;~~

~~(6)~~ (2) assist in establishing Indian advisory councils in cooperation with state agencies that deliver services to the ~~Indian community~~ tribal sovereign nations in Minnesota and the urban Indian communities;

~~(7)~~ (3) assist state agencies in defining what groups, organizations, committees, councils, or individuals are eligible for delivery of their respective services;

~~(8)~~ (4) assist in ~~providing~~ ensuring the provision of resources~~, tribal~~ and ~~other, in~~ the delivery of services to the ~~statewide Indian community~~ tribal sovereign nations in Minnesota and the urban Indian communities;

~~(9) act as a liaison between local, state, and national units of government in~~ (5) recommend to tribal governments and the state government the means to enhance the delivery of services to ~~the Indian population of~~ members of tribal sovereign nations in Minnesota by local, state, and national units of government;

~~(10)~~ (6) assist state agencies in implementing and updating studies of services delivered to the ~~Indian community~~ tribal sovereign nations in Minnesota and urban Indian communities;

~~(11)~~ (7) provide, for the benefit of all levels of state government, a continuing liaison between state governmental bodies and elected tribal ~~governments and officials~~ leaders;

~~(12)~~ (8) interact with private organizations involved with Indian ~~concerns to~~ people that develop and implement programs to assist Indian people, ~~as they~~ when such programs may affect state agencies and departments;

~~(13) act as an intermediary, when requested and if necessary, between Indian interests and state agencies and departments when questions, problems, or conflicts exist or arise;~~

(14) provide information for and direction to a program to assist Indian citizens to assume all the rights, privileges, and duties of citizenship, and to coordinate and cooperate with local, state, and national private agencies providing services to the Indian people;

~~(15)~~ (9) develop educational programs, community organization programs, leadership development programs, motivational programs, and business development programs for Indian persons who have been, are, or ~~will~~ may be subject to prejudice and discrimination;

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6688

~~(16) cooperate and consult with appropriate commissioners and agencies to develop plans and programs to most effectively serve the needs of Indians; and~~

~~(17)~~ (10) review data provided by the commissioner of human services under section 260C.215, subdivision 5, and present recommendations to elected tribal leaders on the out-of-home placement of Indian children~~. Recommendations must be presented to the commissioner and the legislature by February 1, 1990; November 1, 1990; and November 1 of each year thereafter.~~; and

(11) prepare a proposed agenda for the annual summit of elected tribal leaders, legislative leaders and the governor.

Subd. 7. State officials and departments; cooperation. In carrying out these objectives and to ascertain ~~Indian~~ the needs of members of tribal sovereign nations in Minnesota and urban Indian community members, the council shall have the right to confer with state officials and other governmental units and have access to records as necessary to obtain needed information. The council also shall have the right to call upon various state departments for technical advice and service as needed to fulfill its purposes.

Subd. 8. Advisory ~~council~~ board. An advisory ~~council~~ board on urban Indians shall advise the ~~board~~ council on the unique problems and concerns of Minnesota Indians who reside in urban areas of the state. The ~~council~~ board must be appointed by the ~~board~~ council at the direction of the elected tribal leadership and consist of six Indians residing in the vicinity of Minneapolis, St. Paul, Bemidji, and Duluth. At least one member of the ~~council~~ board must be a resident of each city. The terms, compensation, and removal of members are as provided in section 15.059, but the expiration dates provided in that section do not apply.

Subd. 10. Rulemaking. Notwithstanding other law, the council does not have authority to adopt, amend, or repeal rules or to adjudicate contested cases or appeals. Rules adopted before July 1, 2001, may continue in effect until amended or repealed by law."

The motion prevailed and the amendment was adopted.

S. F. No. 1048, A bill for an act relating to state government; changing the state Indian Affairs Council; amending Minnesota Statutes 2006, section 3.922.

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 110 yeas and 22 nays as follows:

Those who voted in the affirmative were:

Abeler

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Demmer

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Finstad

Fritz

Gardner

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6689

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Spk. Kelliher

Abeler

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Bly

Brod

Brown

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Haws

Heidgerken

Holberg

Hoppe

Hosch

Howes

Jaros

Juhnke

Kalin

Koenen

Kohls

Kranz

Lanning

Lieder

Madore

Magnus

Marquart

McFarlane

McNamara

Moe

Morgan

Morrow

Nornes

Olin

Otremba

Paulsen

Pelowski

Peppin

Peterson, A.

Peterson, N.

Poppe

Rukavina

Ruth

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Tingelstad

Urdahl

Walker

Ward

Wardlow

Welti

Westrom

Wollschlager

Zellers

Abeler

Anderson, S.

Anzelc

Atkins

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

DeLaForest

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Heidgerken

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6691

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Zellers

Spk. Kelliher

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

S. F. No. 2226 was reported to the House.

Hilty moved to amend S. F. No. 2226, the first engrossment, as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 1710, the first engrossment:

"Section 1. Minnesota Statutes 2006, section 307.08, is amended to read:

307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; BURIALS; CEMETERIES; PENALTY; AUTHENTICATION.

Subdivision 1. Legislative intent; scope. It is a declaration and statement of legislative intent that all human burials ~~and~~, human ~~skeletal~~ remains, and human burial grounds shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, or religious affiliations. The provisions of this section shall apply to all human burials or, human ~~skeletal~~ remains, or human burial grounds found on or in all public or private lands or waters in Minnesota.

Subd. 2. Felony; gross misdemeanor. (a) A person who intentionally, willfully, and knowingly does any of the following is guilty of a felony:

(1) destroys, mutilates, or injures human burials or human burial grounds; or

(2) without the consent of the appropriate authority, disturbs, human burial grounds or removes human ~~skeletal~~ remains ~~or human burial grounds, is guilty of a felony~~.

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6692

(b) A person who, without the consent of the appropriate authority and the landowner, intentionally, willfully, or and knowingly does any of the following is guilty of a gross misdemeanor:

(1) removes any tombstone, monument, or structure placed in any public or private cemetery or ~~unmarked~~ authenticated human burial ground,; or

(2) removes any fence, railing, or other work erected for protection or ornament, or any tree, shrub, or plant or grave goods and artifacts within the limits of ~~the~~ a public or private cemetery or authenticated human burial ground~~, and a person who, without authority from the trustees, state archaeologist, or Indian affairs council,~~; or

(3) discharges any firearms upon or over the grounds of any public or private cemetery or authenticated ~~and identified Indian~~ burial ground~~, is guilty of a gross misdemeanor~~.

Subd. 3. Protective posting. ~~Every~~ Upon the agreement of the appropriate authority and the landowner, an authenticated ~~and identified~~ or recorded human burial ground may be posted for protective purposes every 75 feet around its perimeter with signs listing the activities prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion of the Indian affairs council in the case of Indian burials or at the discretion of the state archaeologist in the case of non-Indian burials. This subdivision does not require posting of a burial ground. The size, description, location, and information on the signs used for protective posting must be approved by the appropriate authority and the landowner.

Subd. 3a. Authentication. The state archaeologist shall authenticate all burial ~~sites~~ grounds for purposes of this section and may enter on property for the purpose of authenticating burial sites. Only after obtaining written permission from the property owner or lessee, descendants of persons buried in burial sites covered by this section may enter the burial sites for the purpose of conducting religious ceremonies. This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the property. The state archaeologist may retain the services of a qualified professional archaeologist, a qualified physical anthropologist, or other appropriate experts for the purpose of gathering information that the state archaeologist can use to authenticate or identify burial grounds. If probable Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian Affairs Council must approve the professional archaeologist, qualified anthropologist, or other appropriate expert. Authentication is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.

~~Subd. 4.~~ ~~State archaeologist.~~ The state shall retain the services of a qualified professional archaeologist, approved by the state archaeologist and the Indian Affairs Council, for the purpose of gathering information to authenticate or identify Indian burial grounds when requested by a concerned scientific or contemporary Indian ethnic group, when Indian burials are known or suspected to exist on public lands or waters controlled by the state or political subdivision.

Subd. 5. Cost; use of data. The cost of authentication, recording, surveying, and marking burial grounds and the cost of identification, ~~marking, and~~ analysis, rescue ~~of unmarked or unidentified burial grounds or burials~~, and reburial of human remains on public lands or waters shall be the responsibility of the state or political subdivision controlling the lands or waters. The data collected by this activity that has common value for ~~natural~~ resource planning must be provided and integrated into the Minnesota land management information system's geographic and summary databases according to published data compatibility guidelines. Costs associated with this data delivery must be borne by the state.

~~Subd. 6.~~ ~~Approval of signs.~~ ~~The size, description and information on the signs must be approved by the Minnesota State Historical Society.~~

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6693

Subd. 7. Remains found outside of recorded cemeteries. All unidentified human remains or burials found outside of ~~platted,~~ recorded~~, or identified~~ cemeteries or unplatted graves or burials found within recorded cemeteries and in contexts which indicate antiquity greater than 50 years shall be dealt with according to the provisions of this section. If such burials are not Indian or their ethnic identity cannot be ascertained, as determined by the state archaeologist, they shall be dealt with in accordance with provisions established by the state archaeologist and other appropriate authority. If such burials are Indian, as determined by the state archaeologist, efforts shall be made by the state archaeologist and the Indian Affairs Council to ascertain their tribal identity. If their probable tribal identity can be determined and the remains have been removed from their original context, such remains shall ~~at the discretion of the state archaeologist and Indian Affairs Council,~~ be turned over to contemporary tribal leaders for disposition. If it is deemed desirable by the state archaeologist or the Indian Affairs Council, such remains shall be studied by a qualified professional archaeologist before being delivered to the tribal leaders. If tribal identity cannot be determined, the Indian remains must be dealt with in accordance with provisions established by the state archaeologist and the Indian Affairs Council if they are from public land. If removed Indian remains are from private land they shall be dealt with in accordance with provisions established by the Indian Affairs Council. If it is deemed desirable by the state archaeologist or the Indian Affairs Council, removed remains shall be studied in a timely and respectful manner by a qualified professional archaeologist or a qualified physical anthropologist before being delivered to tribal leaders or before being reburied. Application by a landowner for permission to develop or disturb nonburial areas within authenticated or recorded burial grounds shall be made to the state archaeologist and other appropriate authority in the case of non-Indian burials and to the Indian Affairs Council and other appropriate authority in the case of Indian burials. Landowners with authenticated or suspected human burial grounds on their property are obligated to inform prospective buyers of the burial ground.

Subd. 8. Burial ground relocation. No non-Indian burial ground may be relocated without the consent of the appropriate authority. No ~~authenticated and identified~~ Indian burial ground may be relocated unless the request to relocate is approved by the Indian Affairs Council. When ~~the Indian~~ a burial ground is located on public lands or waters, any burial relocations must be duly licensed under section 138.36 and the cost of removal is the responsibility of and shall be paid by the state or political subdivision controlling the lands or waters. If ~~large Indian~~ burial grounds are ~~involved~~ authenticated on private lands, efforts ~~shall~~ may be made by the state to purchase and protect them instead of removing them to another location.

Subd. 9. Interagency cooperation. The Department of Natural Resources, the Department of Transportation, and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section.

Subd. 10. Construction and development plan review. When ~~Indian~~ human burials are known or suspected to exist, on public lands or waters, the state or political subdivision controlling the lands or waters or, in the case of private lands, the landowner or developer, shall submit construction and development plans to the state archaeologist ~~and the Indian Affairs Council~~ for review prior to the time bids are advertised and prior to any disturbance within the burial area. If the known or suspected burials are thought to be Indian, plans shall also be submitted to the Indian Affairs Council. The state archaeologist and the Indian Affairs Council shall ~~promptly~~ review the plans within 30 days of receipt and make recommendations for the preservation in place or removal of the human burials or remains, which may be endangered by construction or development activities.

Subd. 11. Burial sites data. Burial sites locational and related data maintained by the Office of the State Archaeologist and accessible through the office's "Unplatted Burial Sites and Earthworks in Minnesota" Web site are security information for purposes of section 13.37. Persons who gain access to the data maintained on the site are subject to liability under section 13.08 and the penalty established by section 13.09 if they improperly use or further disseminate the data.

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6694

Subd. 12. Right of entry. The state archaeologist may enter on property for the purpose of authenticating burial sites. Only after obtaining permission from the property owner or lessee, descendants of persons buried in burial grounds covered by this section may enter the burial grounds for the purpose of conducting religious or commemorative ceremonies. This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the property.

Subd. 13. Definitions. As used in this section, the following terms have the meanings given.

(a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years.

(b) "Appropriate authority" means:

(1) the trustees when the trustees have been legally defined to administer burial grounds;

(2) the Indian Affairs Council in the case of Indian burial grounds lacking trustees;

(3) the county board in the case of abandoned cemeteries under section 306.243; and

(4) the state archaeologist in the case of non-Indian burial grounds lacking trustees or not officially defined as abandoned.

(d) "Authenticate" means to establish the presence of or high potential of human burials or human skeletal remains being located in a discrete area, delimit the boundaries of human burial grounds or graves, and attempt to determine the ethnic, cultural, or religious affiliation of individuals interred.

(e) "Burial" means the organic remnants of the human body that were intentionally interred as part of a mortuary process.

(f) "Burial ground" means a discrete location that is known to contain or has high potential to contain human remains based on physical evidence, historical records, or reliable informant accounts.

(g) "Cemetery" means a discrete location that is known to contain or intended to be used for the internment of human remains.

(h) "Disturb" means any activity that significantly harms the physical integrity or setting of a human burial or human burial ground.

(i) "Grave goods" means objects or artifacts directly associated with human burials or human burial grounds that were placed as part of a mortuary ritual at the time of internment.

(j) "Human remains" means the calcified portion of the human body, not including isolated teeth, or cremated remains deposited in a container or discrete feature.

(k) "Identification" means to analyze organic materials to attempt to determine if they represent human remains and to attempt to establish the ethnic, cultural, or religious affiliations of such remains.

(l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker in place or a legible sign identifying an area as a burial ground or cemetery.

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6695

(m) "Qualified physical anthropologist" means a specialist in identifying human remains who holds an advanced degree in anthropology or a closely related field.

(n) "Qualified professional archaeologist" means an archaeologist who meets the United States Secretary of the Interior's professional qualification standards in Code of Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.

(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county recorder's office.

(p) "State" or "the state" means the state of Minnesota or an agency or official of the state acting in an official capacity.

(q) "Trustees" means the recognized representatives of the original incorporators, board of directors, or cemetery association."

The motion prevailed and the amendment was adopted.

S. F. No. 2226, A bill for an act relating to state government; clarifying private cemeteries; amending Minnesota Statutes 2006, section 307.08.

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 85 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Spk. Kelliher

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

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

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

Peppin

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

Westrom

Winkler

Zellers

Spk. Kelliher

Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Westrom

Winkler

Wollschlager

Spk. Kelliher

Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Johnson

Juhnke

Kahn

Kalin

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, M.

Nelson

Nornes

Olin

Olson

Otremba

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Tillberry

Tschumper

Urdahl

Wagenius

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Davnie

Dill

Dominguez

Eken

Erhardt

Faust

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Welti

Winkler

Wollschlager

Spk. Kelliher

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Davnie

Dill

Dominguez

Eken

Erhardt

Faust

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6701

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Welti

Winkler

Wollschlager

Spk. Kelliher

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dominguez

Doty

Erhardt

Faust

Gardner

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jaros

Johnson

Kahn

Kalin

Knuth

Kranz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6703

Sertich

Simon

Slawik

Slocum

Swails

Thissen

Tillberry

Tschumper

Wagenius

Walker

Welti

Winkler

Wollschlager

Spk. Kelliher

Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dominguez

Doty

Eken

Erhardt

Faust

Gardner

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher

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

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

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

Ozment

Paulsen

Paymar

Pelowski

Peppin

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

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher

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

Sertich moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

There being no objection, the order of business reverted to Introduction and First Reading of House Bills.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Abeler and Walker introduced:

H. F. No. 2486, A bill for an act relating to insurance; requiring prior approval of evidence-based underwriting standards based upon life insurance applicants having received mental health care; amending Minnesota Statutes 2006, section 72A.20, subdivision 19.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Journal of the House - 69th Day - Tuesday, May 15, 2007 - Top of Page 6706

Solberg introduced:

H. F. No. 2487, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature; authorizing the issuance of general obligation bonds; appropriating money for the city of McGregor to reroute treated water discharge.

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

Westrom, Nornes, Heidgerken and Marquart introduced:

H. F. No. 2488, A bill for an act relating to education finance; authorizing a grant for Independent School District No. 264, Herman-Norcross; appropriating money.

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

Mullery; Doty; Marquart; Carlson; Ward; Brown; Tschumper; Anzelc; Murphy, E.; Faust; Kalin and Sailer introduced:

H. F. No. 2489, A bill for an act relating to human services; providing attorney fees for invalid medical assistance liens; amending Minnesota Statutes 2006, section 256B.15, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Public Safety and Civil Justice.

MOTIONS AND RESOLUTIONS

Rukavina moved that the name of Murphy, M., be added as an author on H. F. No. 122. The motion prevailed.

Loeffler moved that the name of Peterson, S., be added as an author on H. F. No. 2472. The motion prevailed.

Ruud moved that H. F. No. 1077 be recalled from the Committee on Commerce and Labor and be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.

Dill moved that S. F. No. 1753 be recalled from the Committee on Taxes and be re-referred to the Committee on Ways and Means. The motion prevailed.

Solberg moved that H. F. No. 1978, now on the General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.

ADJOURNMENT

Sertich moved that when the House adjourns today it adjourn until 9:00 a.m., Wednesday, May 16, 2007. The motion prevailed.

Sertich moved that the House adjourn. The motion prevailed, and Speaker pro tempore Juhnke declared the House stands adjourned until 9:00 a.m., Wednesday, May 16, 2007.

Albin A. Mathiowetz, Chief Clerk, House of Representatives