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Gaming Division

SEVENTH MEETING

2005-2006 Regular Session - Friday, March 18, 2005

STATE OF MINNESOTA SEVENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION

REGULATED INDUSTRIES COMMITTEE
GAMING DIVISION

MINUTES


Rep. Andy Westerberg, Chair of the Regulated Industries – Gaming Division, called the seventh meeting to order at 2:00 p.m. on March 18, 2005 in Room 5 of the State Office Building.

The Clerk noted the roll.

Members of the Committee:

WESTERBERG, Andy, Chair
ERICKSON, Sondra
HACKBARTH, Tom
HOPPE, Joe
ZELLERS, Kurt
ATKINS, Joe
HILTY, Bill
HUNTLEY, Tom
LESCH, John

Members excused: NONE

A quorum was present.

Rep. Westerberg addressed the committee regarding the format for the Gaming Division meeting.

Rep. Hackbarth moved approval of the minutes for March 16, 2005. The motion prevailed.

HF 1817 (Westerberg) Lottery gaming machines and games operation provided at a gaming facility, license and fee provided, gaming transaction fee imposed.

Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty, provided the committee with an overview of HF 1817.

The committee heard testimony from proponents regarding HF 1817. The following individuals testified before the committee:

Erma Vizenor, Chair, White Earth Band Tribal Council
George Googleye, Chair, Leech Lake Bank of Ojibwe
Darrell Seki, Red Lake Nation Tribal Council
David Goodman, Leech Lake Band member
David Glass, White Earth urban member
Exel Jones and Eduardo Rodrguez, Minority Chamber of Commerce
Reverend Bob Battle
Valerie Red Horse
Clint Harris, Minnesota State Lottery
Greg Ortale, Ceo & President, Greater Minneapolis Convention & Visitors Association

The committee discussed means testing and qualifications for respective tribes.

HF 1664 (Buesgens) Lottery gaming machines provided, contracting for placement of machines authorized, horse racing purse payments established, tax on machines and card club revenue imposed, and blackjack and other card games authorized.

The committee heard testimony from proponents regarding HF 1664. The following individuals testified before the committee:

Jaye Rykunyk, President, Unite Here Local #17
John Williams, Minneapolis Building & Construction Trades Council
Don Gerdesmeier, MN Teamsters, D.R.I.V.E.
Craig H. Bjorn, Minnesota Thoroughbred Association
Judy Jensen, Show Horse Breeder
Dan Mjolsness, MN Horseman’s Benevolent Association
Mark McNeill, City Administrator, City of Shakopee
Joe Helkamp, City of Shakopee, City Council
Randy Sampson
Wade Luneberg

The committee heard testimony from opponents regarding HF 1817 and 1664. The following individuals testified before the committee:

Doreen Hagen, President, Prairie Island Community
Dick Stanley, individual testimony regarding gaming legislation
Mike Mobraten, Treasure Island employee
Wally Storbakken, Leech Lake Band of Ojibwe
David Strom, Taxpayers League
John McCarthy, Executive Director, MN Indian Gaming Association
Brian Rusche, Joint Religious Legislative Coalition
James Smith, Columbus Township

Rep. Westerberg provided an open forum for question from the committee to various testifiers.

Henry Buffalo, attorney for the Prairie Island Community, addressed the topic of audit submission to the Department of Interior.

Mike Garbo, tribal attorney for the Leech Lake Bank, answered questions regarding the Consitution and Bylaws of the Minnesota Chippewa Tribe - Minnesota.

The Gaming Division – Regulated Industries Committee recessed to the call of the chair at 5:30 p.m.

The Gaming Division – Regulated Industries Committee reconvened at 7:20 p.m.

HF 1817 (Westerberg) Lottery gaming machines and games operation provided at a gaming facility, license and fee provided, gaming transaction fee imposed.

Rep. Westerberg moved incorporation of the A05-0304 amendment to HF 1817 as an author’s amendment. Amendment incorporated.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A4 amendment.

Rep. Atkins withdrew the H1817A4 amendment.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A12 amendment.

The following individuals testified to the H1817A12 amendment: Valerie Red Horse and Dan McElroy.

Rep. Atkins withdrew the H1817A12 amendment.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A13 amendment.

The following individuals testified to the H1817A13 amendment: Valerie Red Horse and Dan McElroy.

Rep. Atkins renewed the motion to amend HF 1817, as amended, by the H1817A13 amendment. The motion did not prevail. The amendment was not adopted.

Rep. Zellers moved to amend HF 1817, as amended, by the H1817A1 amendment.

Rep. Zellers moved to divide the H1817 amendment as follows:
Section 1 - Amendment Division lines 1 – 7
Section 1 of the amendment, lines 1-7 - Amendment Adopted.

Rep. Zellers moved incorporation of the following technical change to HF 1817:

Page 13, line 19, delete the second “and”

Amendment incorporated.

Rep. Zellers withdrew Section 2 of the Amendment Division lines 8 – 11.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A2 amendment.

Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty, testified to the H1817A2 amendment.

Rep. Atkins requested a roll call on the H1817A2 amendment to HF 1817.



AYES NAYS
Atkins Westerberg
Hilty Erickson
Huntley Hackbarth
Lesch Hoppe
Zellers



There being 4 Ayes and 5 Nays the motion did not prevail.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A3 amendment. The motion did not prevail.

Rep. Lesch moved to amend HF 1817, as amended, by the H1817A5 amendment.

Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty, testified regarding the H1817A5 amendment.

Rep. Atkins requested a roll call on the H1817A5 amendment to HF 1817.



AYES NAYS
Atkins Westerberg
Hilty Erickson
Huntley Hackbarth
Lesch Hoppe
Zellers



There being 4 Ayes and 5 Nays the motion did not prevail.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A6 amendment.

Rep. Atkins withdrew the H1817A6 amendment

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A7 amendment.

Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty, testified before the committee regarding the H1817A7 amendment to HF 1817.

Rep. Atkins requested a roll call on the H1817A7 amendment to HF 1817.



AYES NAYS
Atkins Westerberg
Hilty Erickson
Huntley Hackbarth
Lesch Hoppe
Zellers



There being 4 Ayes and 5 Nays the motion did not prevail.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A8 amendment.

Rep. Atkins withdrew the H1817A8 amendment.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A9 amendment.

Rep. Atkins withdrew the H1817A9 amendment.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A10 amendment. The motion did not prevail.

Dan McElroy, Chief of Staff, Office of Governor Tim Pawlenty, testified to the H1817A10 amendment to HF 1817.

Rep. Atkins renewed the motion to amend HF 1817, as amended, by the H1817A10 amendment. The motion did not prevail.

Rep. Atkins moved to amend HF 1817, as amended, by the H1817A11 amendment.

Erma Vizenor, Chair, White Earth Tribal Council, testified regarding the H1817A11 amendment.

Rep. Atkins requested a roll call on the H1817A11 amendment to HF 1817.



AYES NAYS
Atkins Westerberg
Hilty Erickson
Huntley Hackbarth
Lesch Hoppe
Zellers



There being 4 Ayes and 5 Nays the motion did not prevail.

Rep. Westerberg renewed the motion that HF 1817, as amended, be recommended to pass and re-referred to the committee on Regulated Industries. The motion prevailed.

HF 1664 (Buesgens) Lottery gaming machines provided, contracting for placement of machines authorized, horse racing purse payments established, tax on machines and card club revenue imposed, and blackjack and other card games authorized.

Rep. Zellers moved that HF 1664 be recommended to pass and be re-referred to the committee on Regulated Industries.

Rep. Zellers moved to amend HF 1664 (A05-0267 amendment).

Rep. Mark Buesgens testified to the proposed A05-0267 amendment to HF 1664.

Rep. Zellers renewed the motion to amend HF 1664 (A05-0267 amendment). The motion prevailed. The amendment was adopted.

Rep. Zellers moved to amend HF 1664, as amended, (A1664A1 amendment).

Rep. Zellers moved to divide the A1664A1 amendment as follows:

Section 1 - Amendment Division lines 1 – 8, and line 13
Line 13, strike "j", insert "h"

Section 1 of the amendment, lines 1-8, and line 13 – Amendment Adopted.


Rep. Zellers withdrew Section 2 of the Amendment Division lines 9 – 13.

Rep. Atkins moved to amend HF 1664, as amended, by the H1664A2 amendment. The amendment was withdrawn.

Rep. Atkins moved to amend HF 1664, as amended, by the H1664A3 amendment. The amendment was withdrawn.

Rep. Atkins moved to amend HF 1664, as amended, by the H1664A4 amendment.

Rep. Atkins requested a roll call on the H1664A4 amendment to HF 1664.



AYES NAYS
Atkins Westerberg
Hilty Erickson
Huntley Hackbarth
Lesch Hoppe
Zellers



There being 4 Ayes and 5 Nays the motion did not prevail.

Rep. Atkins moved to amend HF 1664, as amended, by the H1664A5 amendment.

Rep. Atkins addressed the appropriate legislative referral for HF 1664.

Rep. Mark Buesgens testified before the committee regarding the proposed H1664A5 amendment to HF 1664.

Rep. Atkins renewed the motion to amend HF 1664, as amended, by the H1664A5 amendment. The motion did not prevail.

Rep. Zellers renewed the motion that HF 1664, as amended, be recommended to pass and be re-referred to the committee on Regulated Industries. The motion prevailed.

Rep. Westerberg addressed closing comments to the committee and thanked committee staff.

Rep. Zellers renewed the motion that HF 1664, as amended, be recommended to pass and be re-referred to the committee on Regulated Industries. The motion prevailed.

The meeting was adjourned at 8:45 p.m.


______________________________
REP. ANDY WESTERBERG
CHAIR


______________________________
Kathleen Anderson
Committee Legislative Assistant