Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7673

STATE OF MINNESOTA

EIGHTY-SECOND SESSION 2002

__________________

NINETY-FOURTH DAY

Saint Paul, Minnesota, Wednesday, April 3, 2002

This Journal as a PDF document

The House of Representatives convened at 9:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by the Reverend Brendan Prigge, Victory Lutheran Church, Eden Prairie, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

Abeler Dibble Holberg Leighton Ozment Stang
Abrams Dorman Holsten Leppik Paulsen Swapinski
Anderson, B. Dorn Howes Lieder Pawlenty Swenson
Anderson, I. Eastlund Huntley Lindner Paymar Sykora
Bakk Entenza Jacobson Lipman Pelowski Thompson
Bernardy Erickson Jaros Mahoney Penas Tingelstad
Biernat Evans Jennings Mares Peterson Tuma
Bishop Finseth Johnson, J. Marko Pugh Vandeveer
Blaine Fuller Johnson, R. Marquart Rhodes Wagenius
Boudreau Gerlach Johnson, S. McElroy Rifenberg Walker
Bradley Gleason Jordan McGuire Rukavina Walz
Buesgens Goodno Juhnke Milbert Ruth Wasiluk
Carlson Goodwin Kahn Molnau Schumacher Westerberg
Cassell Gray Kalis Mulder Seagren Westrom
Clark, J. Greiling Kelliher Mullery Seifert Wilkin
Clark, K. Gunther Kielkucki Murphy Sertich Winter
Daggett Haas Knoblach Ness Skoe Wolf
Davids Hackbarth Koskinen Nornes Skoglund Workman
Davnie Harder Krinkie Olson Slawik Spk. Sviggum
Dawkins Hausman Kubly Opatz Smith
Dehler Hilstrom Kuisle Osskopp Solberg
Dempsey Hilty Larson Otremba Stanek

A quorum was present.

Lenczewski was excused until 9:55 a.m. Erhardt and Mariani were excused until 10:00 a.m. Folliard was excused until 10:15 a.m. Osthoff was excused until 11:00 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Fuller 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 - 94th Day - Wednesday, April 3, 2002 - Top of Page 7674

REPORTS OF CHIEF CLERK

S. F. No. 3384 and H. F. No. 3379, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Rhodes moved that the rules be so far suspended that S. F. No. 3384 be substituted for H. F. No. 3379 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3431 and H. F. No. 3648, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

McElroy moved that the rules be so far suspended that S. F. No. 3431 be substituted for H. F. No. 3648 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Pawlenty from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 289, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 4; providing staggered four-year terms for representatives and senators.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 289 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 3384 and 3431 were read for the second time.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7675

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Otremba introduced:

H. F. No. 3710, A bill for an act relating to levy limits; allowing a special levy for out-of-home placements; amending Minnesota Statutes 2001 Supplement, section 275.70, subdivision 5.

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

Otremba introduced:

H. F. No. 3711, A bill for an act relating to taxes; sales and use tax; extending the effective date for a sales tax exemption for biosolids waste treatment equipment; amending Minnesota Statutes 2001 Supplement, section 297A.70, subdivision 3.

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

McGuire; Gunther; Rhodes; Clark, K.; Mahoney; Dibble; Folliard; Solberg and Gleason introduced:

H. F. No. 3712, A resolution urging Congress to support the creation of a National Affordable Housing Trust Fund.

The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2988, A bill for an act relating to insurance; regulating certain licenses, fees, rates, and coverages; providing for health care administrative simplification; making certain technical changes; amending Minnesota Statutes 2000, sections 61A.092, subdivision 6; 62A.02, subdivision 2; 62A.021, subdivision 1; 62A.25, subdivision 2; 62A.31, subdivision 1h; 62A.65, subdivision 5; 62E.11, subdivision 6; 62E.14, subdivisions 4, 5, 6; 62H.01; 62H.02; 62H.04; 62J.51, subdivision 19; 62J.535, subdivision 2, by adding subdivisions; 62J.581; 62L.03, subdivisions 1, 5; 62L.08, by adding a subdivision; 62Q.68, subdivision 1; 79.251, subdivision 1; 79.252, subdivision 3; 79A.04, subdivision 9; Minnesota Statutes 2001 Supplement, sections 60A.14, subdivision 1; 60K.56, subdivisions 6, 8, 9; 62M.03, subdivision 2; Laws 2001, chapter 117, article 1, section 29; Minnesota Rules, part 2765.1300, subparts 2, 5; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2000, section 62J.535, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate


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CONCURRENCE AND REPASSAGE

Haas moved that the House concur in the Senate amendments to H. F. No. 2988 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2988, A bill for an act relating to insurance; regulating certain licenses, fees, rates, practices, and coverages; providing for health care administrative simplification; making certain technical changes; amending Minnesota Statutes 2000, sections 60A.351; 60D.20, subdivision 2; 61A.092, subdivision 6; 62A.02, subdivision 2; 62A.021, subdivision 1; 62A.25, subdivision 2; 62A.31, subdivision 1h; 62A.65, subdivision 5; 62E.11, subdivision 6; 62E.14, subdivisions 4, 5, 6; 62H.01; 62H.04; 62J.51, subdivision 19; 62J.535, subdivision 2, by adding subdivisions; 62J.581; 62L.03, subdivisions 1, 5; 62L.08, by adding a subdivision; 62Q.68, subdivision 1; 72A.08, subdivision 1; 79A.04, subdivision 9; Minnesota Statutes 2001 Supplement, sections 60A.14, subdivision 1; 60K.56, subdivisions 6, 8, 9; 62M.03, subdivision 2; Laws 2001, chapter 117, article 1, section 29; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2000, section 62J.535, subdivision 1.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 111 yeas and 17 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Huntley Lindner Paymar Swapinski
Abrams Dorn Jacobson Lipman Pelowski Swenson
Anderson, B. Eastlund Jennings Mahoney Penas Sykora
Anderson, I. Entenza Johnson, J. Mares Peterson Thompson
Bakk Erickson Johnson, R. Marko Pugh Tingelstad
Biernat Finseth Jordan Marquart Rhodes Tuma
Bishop Fuller Juhnke McElroy Rifenberg Vandeveer
Blaine Gerlach Kalis Milbert Rukavina Walz
Boudreau Goodno Kelliher Molnau Ruth Wasiluk
Bradley Goodwin Kielkucki Mulder Schumacher Westerberg
Buesgens Gunther Knoblach Murphy Seagren Westrom
Carlson Haas Koskinen Ness Seifert Wilkin
Cassell Hackbarth Krinkie Nornes Sertich Winter
Clark, J. Harder Kubly Olson Skoe Wolf
Daggett Hilstrom Kuisle Osskopp Slawik Workman
Davids Hilty Larson Otremba Smith Spk. Sviggum
Dawkins Holberg Leighton Ozment Solberg
Dehler Holsten Leppik Paulsen Stanek
Dempsey Howes Lieder Pawlenty Stang

Those who voted in the negative were:

Bernardy Dibble Gray Jaros McGuire Wagenius
Clark, K. Evans Greiling Johnson, S. Mullery Walker
Davnie Gleason Hausman Kahn Skoglund

The bill was repassed, as amended by the Senate, and its title agreed to.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7677

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

S. F. No. 3174.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.

Patrick E. Flahaven, Secretary of the Senate

CONFERENCE COMMITTEE REPORT ON S. F. NO. 3174

A bill for an act relating to commerce; creating a small business category under the Money Transmitter Act; modifying regulations; amending Minnesota Statutes 2001 Supplement, sections 53B.05, subdivision 1; 53B.08, subdivision 1.

March 25, 2002

The Honorable Don Samuelson

President of the Senate

The Honorable Steve Sviggum

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 3174, report that we have agreed upon the items in dispute and recommend as follows:

That the House recede from its amendment and that S. F. No. 3174 be further amended as follows:

Page 1, line 10, before "Each" insert "Each licensee engaging in money transmission in three or fewer locations in the state, either directly or through authorized delegates, must have a net worth of at least $25,000. Each licensee engaging in money transmission at more than three locations in the state, but fewer than seven locations, either directly or through authorized delegates, must have a net worth of at least $50,000."

We request adoption of this report and repassage of the bill.

Senate Conferees: Steve Kelley, Mee Moua and Arlene J. Lesewski.

House Conferees: Dan McElroy, Bob Gunther and Karen Clark.

McElroy moved that the report of the Conference Committee on S. F. No. 3174 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 3174, A bill for an act relating to commerce; creating a small business category under the Money Transmitter Act; modifying regulations; amending Minnesota Statutes 2001 Supplement, sections 53B.05, subdivision 1; 53B.08, subdivision 1.

The bill was read for the third time, as amended by Conference, and placed upon its repassage.


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The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Holberg Leighton Ozment Stang
Abrams Dorman Holsten Leppik Paulsen Swapinski
Anderson, B. Dorn Howes Lieder Pawlenty Swenson
Anderson, I. Eastlund Huntley Lindner Paymar Sykora
Bakk Entenza Jacobson Lipman Pelowski Thompson
Bernardy Erickson Jaros Mahoney Penas Tingelstad
Biernat Evans Jennings Mares Peterson Tuma
Bishop Finseth Johnson, J. Marko Pugh Vandeveer
Blaine Fuller Johnson, R. Marquart Rhodes Wagenius
Boudreau Gerlach Johnson, S. McElroy Rifenberg Walker
Bradley Gleason Jordan McGuire Rukavina Walz
Buesgens Goodno Juhnke Milbert Ruth Wasiluk
Carlson Goodwin Kahn Molnau Schumacher Westerberg
Cassell Gray Kalis Mulder Seagren Westrom
Clark, J. Greiling Kelliher Mullery Seifert Wilkin
Clark, K. Gunther Kielkucki Murphy Sertich Winter
Daggett Haas Knoblach Ness Skoe Wolf
Davids Hackbarth Koskinen Nornes Skoglund Workman
Davnie Harder Krinkie Olson Slawik Spk. Sviggum
Dawkins Hausman Kubly Opatz Smith
Dehler Hilstrom Kuisle Osskopp Solberg
Dempsey Hilty Larson Otremba Stanek

The bill was repassed, as amended by Conference, and its title agreed to.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 3132 and 2738.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 3132, A bill for an act relating to land use management; authorizing the northern counties land use coordinating board to initiate a pilot project to promote cooperative efforts among county, state, federal, and local units of government, and with Canadian officials regarding land use management issues; providing for use of certain land in the city of Deephaven; appropriating money.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

S. F. No. 2738, A bill for an act relating to natural resources; providing for acquisitions of stream easements; providing for maintenance of leased property; permitting aquatic plant grants; making certain state park permit exemptions; providing for federal law compliance; modifying certain appropriations; providing for the Cuyuna


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7679

Lakes Trail; restricting the taking of fish in certain private fish hatcheries on aquatic farms; authorizing sale, conveyance, or exchange of certain tax-forfeited and surplus lands; allowing certain zoning nonconformities in the Lower Saint Croix National Scenic Riverway; deleting and adding areas to certain state parks; allowing certain snowmobile trail grants to be used for reimbursement of snowmobile trail grooming equipment; appropriating money; amending Minnesota Statutes 2000, sections 84.0272; 84.153; 84.975, by adding a subdivision; 85.015, by adding a subdivision; 85.054, by adding a subdivision; 97A.055, by adding a subdivision; 97C.025; 282.018, subdivision 1; 394.36, by adding a subdivision; 462.357, by adding a subdivision; Laws 2001, First Special Session chapter 2, section 5, subdivisions 2, 5, 6, 7, 8, 11; proposing coding for new law in Minnesota Statutes, chapter 97A.

The bill was read for the first time.

Holsten moved that S. F. No. 2738 and H. F. No. 2973, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

CALENDAR FOR THE DAY

S. F. No. 1811, A bill for an act relating to drainage; allowing transfer of a public drainage system to a water management authority; defining water management authority; amending Minnesota Statutes 2000, section 103E.005, subdivision 16, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103E.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Holberg Leighton Ozment Stang
Abrams Dorman Holsten Leppik Paulsen Swapinski
Anderson, B. Dorn Howes Lieder Pawlenty Swenson
Anderson, I. Eastlund Huntley Lindner Paymar Sykora
Bakk Entenza Jacobson Lipman Pelowski Thompson
Bernardy Erickson Jaros Mahoney Penas Tingelstad
Biernat Evans Jennings Mares Peterson Tuma
Bishop Finseth Johnson, J. Marko Pugh Vandeveer
Blaine Fuller Johnson, R. Marquart Rhodes Wagenius
Boudreau Gerlach Johnson, S. McElroy Rifenberg Walker
Bradley Gleason Jordan McGuire Rukavina Walz
Buesgens Goodno Juhnke Milbert Ruth Wasiluk
Carlson Goodwin Kahn Molnau Schumacher Westerberg
Cassell Gray Kalis Mulder Seagren Westrom
Clark, J. Greiling Kelliher Mullery Seifert Wilkin
Clark, K. Gunther Kielkucki Murphy Sertich Winter
Daggett Haas Knoblach Ness Skoe Wolf
Davids Hackbarth Koskinen Nornes Skoglund Workman
Davnie Harder Krinkie Olson Slawik Spk. Sviggum
Dawkins Hausman Kubly Opatz Smith
Dehler Hilstrom Kuisle Osskopp Solberg
Dempsey Hilty Larson Otremba Stanek

The bill was passed and its title agreed to.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7680

S. F. No. 2150 was reported to the House.

Paulsen moved to amend S. F. No. 2150 as follows:

Page 22, delete section 31

Page 23, delete lines 3 and 4

Page 23, line 5, delete "(b)"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Mahoney and Paulsen moved to amend S. F. No. 2150, as amended, as follows:

Page 22, line 4, delete "area" and insert "arena"

The motion prevailed and the amendment was adopted.

S. F. No. 2150, A bill for an act relating to professions; modifying electrician licensing; requiring rulemaking; amending Minnesota Statutes 2000, sections 326.01, subdivisions 5, 6g, by adding subdivisions; 326.241, subdivision 1; 326.242, subdivisions 1, 2, 3, 5, 6, 6a, 6b, 6c, 7, 8, 10, 12, by adding a subdivision; 326.2421, subdivisions 2, 9; 326.244, subdivisions 1a, 2, 5, 6; 326.245; Minnesota Statutes 2001 Supplement, section 326.243; repealing Minnesota Statutes 2000, sections 326.01, subdivision 6d; 326.2421, subdivisions 3, 4, 6, 8; Minnesota Rules, part 3800.3500, subpart 12.

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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilty Larson Osskopp Solberg
Abrams Dorman Holberg Leighton Otremba Stanek
Anderson, B. Dorn Holsten Lenczewski Ozment Stang
Anderson, I. Eastlund Howes Leppik Paulsen Swapinski
Bakk Entenza Huntley Lieder Pawlenty Swenson
Bernardy Erhardt Jacobson Lindner Paymar Sykora
Biernat Erickson Jaros Lipman Pelowski Thompson
Bishop Evans Jennings Mahoney Penas Tingelstad
Blaine Finseth Johnson, J. Mares Peterson Tuma
Boudreau Fuller Johnson, R. Marko Pugh Vandeveer
Bradley Gerlach Johnson, S. Marquart Rhodes Wagenius
Buesgens Gleason Jordan McElroy Rifenberg Walker

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7681
Carlson Goodno Juhnke McGuire Rukavina Walz
Cassell Goodwin Kahn Milbert Ruth Wasiluk
Clark, J. Gray Kalis Molnau Schumacher Westerberg
Clark, K. Greiling Kelliher Mulder Seagren Westrom
Daggett Gunther Kielkucki Mullery Seifert Wilkin
Davids Haas Knoblach Murphy Sertich Winter
Davnie Hackbarth Koskinen Ness Skoe Wolf
Dawkins Harder Krinkie Nornes Skoglund Workman
Dehler Hausman Kubly Olson Slawik Spk. Sviggum
Dempsey Hilstrom Kuisle Opatz Smith

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

H. F. No. 3183 was reported to the House.

Howes, Finseth and Pawlenty moved to amend H. F. No. 3183, the first engrossment, as follows:

Page 14, after line 35, insert:

"Sec. 23. [NORTHERN COUNTIES LAND USE COORDINATING BOARD; LAND USE MANAGEMENT; PILOT PROJECT.]

(a) The northern counties land use coordinating board may initiate a pilot project to promote cooperative efforts among county, state, federal, and local units of government and private citizens regarding land use management issues. The office of strategic and long-range planning must coordinate the activities of state agencies, which shall include the departments of agriculture, commerce, natural resources, trade and economic development, board of soil and water resources, iron range resources and rehabilitation board, environmental quality board, pollution control agency, and the office of environmental assistance.

(b) The board must also solicit cooperation with Canadian officials who represent areas contiguous to the region and with organizations representing recreational, agricultural, mining, forestry, and tourism interests within the affected boundaries of the northern counties land use coordinating board.

(c) The legislature also encourages participation by appropriate federal agencies.

(d) The objectives of the pilot project are to:

(1) document instances when land use regulations and policies are incompatible with local government land use authority;

(2) document instances when such regulations and policies interfere with private property rights;

(3) identify and promote a means of resolving such differences; and

(4) provide a national model for land use management through intergovernmental cooperation.

(e) The board must report to the legislature by January 15, 2004, on the status of the project. The pilot project ends on June 30, 2004.

[EFFECTIVE DATE.] Section 23 is effective the day following final enactment."


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7682

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Howes et al amendment and the roll was called. There were 99 yeas and 31 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Howes Lindner Ozment Stanek
Abrams Eastlund Huntley Lipman Paulsen Stang
Anderson, B. Erhardt Jacobson Mahoney Pawlenty Swenson
Anderson, I. Erickson Jennings Mares Pelowski Sykora
Bakk Finseth Johnson, J. Marko Penas Tingelstad
Bishop Folliard Johnson, R. Marquart Peterson Tuma
Blaine Fuller Jordan McElroy Pugh Vandeveer
Boudreau Gerlach Juhnke Milbert Rhodes Walz
Bradley Goodno Kielkucki Molnau Rifenberg Westerberg
Buesgens Gunther Knoblach Mulder Rukavina Westrom
Cassell Haas Krinkie Murphy Ruth Wilkin
Clark, J. Hackbarth Kubly Ness Schumacher Wolf
Daggett Harder Kuisle Nornes Seifert Workman
Davids Hilstrom Larson Olson Sertich Spk. Sviggum
Dehler Hilty Lenczewski Opatz Skoe
Dempsey Holberg Leppik Osskopp Smith
Dorman Holsten Lieder Otremba Solberg

Those who voted in the negative were:

Bernardy Dibble Hausman Koskinen Skoglund Winter
Biernat Entenza Jaros Leighton Slawik
Carlson Evans Johnson, S. Mariani Thompson
Clark, K. Gleason Kahn McGuire Wagenius
Davnie Goodwin Kalis Mullery Walker
Dawkins Greiling Kelliher Paymar Wasiluk

The motion prevailed and the amendment was adopted.

Kubly moved to amend H. F. No. 3183, the first engrossment, as amended, as follows:

Page 14, after line 35, insert:

"Sec. 23. Laws 2001, chapter 206, section 14, is amended to read:

Sec. 14. [EXEMPT ACREAGE IN LAND EXCHANGE.]

The city of Bird Island Renville county may exchange a parcel of land owned by it or acquired for it by a qualified intermediary, for a parcel of agricultural real estate that is owned by an individual exempt under Minnesota Statutes, section 500.221, based on ownership being lawfully acquired prior to June 1, 1981. Since there is no exception for


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7683

exchanged property under Minnesota Statutes, section 500.221, the exchange of the city's parcel would result in the loss of exemption for the exchanged property. Accordingly, this act provides that the agricultural land being exchanged for the parcel that is currently exempt shall also be exempt under Minnesota Statutes, section 500.221, as if it had been purchased by the owner prior to June 1, 1981. Such exchanged parcel shall have exactly the same rights under the statute as the parcel to be exchanged and the deeds used to effectuate the transaction may so state.

Sec. 24. [EFFECTIVE DATE.]

Section 23 is effective the day following final enactment."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Kubly, Juhnke and Peterson moved to amend H. F. No. 3183, the first engrossment, as amended, as follows:

Page 14, after line 35, insert:

"Sec. 23. [325E.165] [DEFINITIONS.]

Subdivision 1. [SCOPE.] For the purposes of sections 325E.165 to 325E.167, the terms defined in this section have the meanings given them.

Subd. 2. [FARM TRACTOR.] "Farm tractor" means a self-propelled vehicle that is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry, as defined in section 169.01, subdivision 55, that is self-propelled.

Subd. 3. [PERSON.] "Person" means an individual, firm, partnership, incorporated and unincorporated association, or other legal or commercial entity.

Sec. 24. [325E.166] [CLOCK-HOUR METERS; PROHIBITED ACTS.]

Subdivision 1. [TAMPERING.] No person shall, with intent to defraud, knowingly tamper with, adjust, alter, change, set back, disconnect, or fail to connect the clock-hour meter of a farm tractor, or cause any of the foregoing to occur to a clock-hour meter of a farm tractor, so as to reflect fewer hours than the farm tractor has actually been in operation.

Subd. 2. [OPERATION WITH DISCONNECTED OR NONFUNCTIONAL METER.] No person shall, with intent to defraud, operate a farm tractor knowing that the clock-hour meter of the farm tractor is disconnected or nonfunctional.

Subd. 3. [TAMPERING DEVICE.] No person shall advertise for sale, sell, use, or install on any part of a farm tractor or on a clock-hour meter in a farm tractor a device that causes the clock-hour meter to register any hours of operation other than the true hours of operation that the clock-hour meter was designed to measure.

Subd. 4. [DISCLOSURE.] No person shall sell or offer for sale a farm tractor with knowledge that the hours registered on the clock-hour meter have been altered so as to reflect fewer hours than the farm tractor has actually been in operation, without disclosing the fact to prospective purchasers.

Subd. 5. [CONSPIRACY.] No person shall conspire with another person to violate this section.


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Sec. 25. [325E.167] [PENALTIES; REMEDIES.]

Subdivision 1. [CRIMINAL PENALTY.] A person who is found to have violated sections 325E.165 to 325E.167 is guilty of a gross misdemeanor.

Subd. 2. [CIVIL PENALTY.] In addition to the penalties provided in subdivision 1, any person who is found to have violated sections 325E.165 to 325E.167 is subject to the penalties in section 8.31.

Subd. 3. [PRIVATE RIGHT OF ACTION.] A person injured by a violation of sections 325E.165 to 325E.167 may recover the actual damages sustained together with costs and disbursements, including reasonable attorney fees. The court in its discretion may increase the award of damages to an amount not to exceed three times the actual damages sustained or $1,500, whichever is greater."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

The Speaker called Boudreau to the Chair.

Kahn, Hausman, Swapinski, McGuire, Hilty, Wagenius, Kelliher and Huntley moved to amend H. F. No. 3183, the first engrossment, as amended, as follows:

Page 1, after line 16, insert:

"Section 1. [17.38] [CERTAIN USES OF ANTIBIOTICS PROHIBITED.]

(a) No person may knowingly introduce into the feed ration of domestic livestock or poultry raised in Minnesota and intended for human consumption, sub-therapeutic levels of antibiotics.

(b) Paragraph (a) does not preclude the use of antibiotics under the supervision of a licensed veterinarian for the therapeutic treatment of sick animals or poultry."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Dehler moved to amend the Kahn et al amendment to H. F. No. 3183, the first engrossment, as amended, as follows:

Page 1, line 6, after "(a)" insert "After July 1, 2005,"

The motion did not prevail and the amendment to the amendment was not adopted.


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The question recurred on the Kahn et al amendment and the roll was called. There were 59 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Abeler Dehler Hilstrom Larson Murphy Swapinski
Abrams Dibble Hilty Leighton Osthoff Thompson
Anderson, I. Entenza Huntley Lenczewski Paymar Tingelstad
Bernardy Evans Jacobson Leppik Pugh Tuma
Biernat Folliard Jaros Mahoney Rhodes Vandeveer
Bishop Gleason Johnson, S. Mariani Seagren Wagenius
Carlson Goodwin Kahn Marko Sertich Walker
Clark, K. Gray Kalis McGuire Skoglund Wasiluk
Davnie Greiling Kelliher Milbert Slawik Westerberg
Dawkins Hausman Koskinen Mullery Solberg

Those who voted in the negative were:

Anderson, B. Eastlund Howes Lipman Paulsen Stang
Bakk Erhardt Jennings Mares Pawlenty Swenson
Blaine Erickson Johnson, J. Marquart Pelowski Sykora
Boudreau Finseth Johnson, R. McElroy Penas Walz
Bradley Fuller Jordan Molnau Peterson Westrom
Buesgens Gerlach Juhnke Mulder Rifenberg Wilkin
Cassell Goodno Kielkucki Ness Rukavina Winter
Clark, J. Gunther Knoblach Nornes Ruth Wolf
Daggett Haas Krinkie Olson Schumacher Workman
Davids Hackbarth Kubly Opatz Seifert Spk. Sviggum
Dempsey Harder Kuisle Osskopp Skoe
Dorman Holberg Lieder Otremba Smith
Dorn Holsten Lindner Ozment Stanek

The motion did not prevail and the amendment was not adopted.

The Speaker resumed the Chair.

Olson, Juhnke, Osskopp, Goodno, Gunther and Kubly moved to amend H. F. No. 3183, the first engrossment, as amended, as follows:

Page 14, after line 35, insert:

"Sec. 23. [SEASONAL AGRICULTURAL OPERATIONS; MANUFACTURED HOMES PARK EXCLUSION.]

Notwithstanding Minnesota Statutes, section 327.14, subdivision 3, the term "manufactured home park" shall not be construed to include up to four manufactured homes maintained by an individual or a company on premises associated with a seasonal agricultural operation and used exclusively to house labor or other personnel occupied in such operation if these manufactured homes meet the standards established in Minnesota Rules, part 4715.0310. This section is effective the day following final enactment and expires July 1, 2004."


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7686

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Otremba offered an amendment to H. F. No. 3183, the first engrossment, as amended.

POINT OF ORDER

Finseth raised a point of order pursuant to rule 3.21 that the Otremba amendment was not in order. The Speaker ruled the point of order well taken and the Otremba amendment out of order.

Otremba appealed the decision of the Speaker.

A roll call was requested and properly seconded.

LAY ON THE TABLE

Osskopp moved to lay the Otremba appeal of the decision of the Speaker on the table.

A roll call was requested and properly seconded.

The question was taken on the Osskopp motion and the roll was called. There were 69 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Harder Lindner Penas Tuma
Abrams Dorman Holberg Lipman Rhodes Vandeveer
Anderson, B. Eastlund Holsten Mares Rifenberg Walz
Bishop Erhardt Howes McElroy Ruth Westerberg
Blaine Erickson Jacobson Molnau Seagren Westrom
Boudreau Finseth Johnson, J. Ness Seifert Wilkin
Bradley Fuller Jordan Nornes Smith Wolf
Buesgens Gerlach Kielkucki Olson Stanek Workman
Cassell Goodno Knoblach Osskopp Stang Spk. Sviggum
Clark, J. Gunther Krinkie Ozment Swenson
Davids Haas Kuisle Paulsen Sykora
Dehler Hackbarth Leppik Pawlenty Tingelstad

Those who voted in the negative were:

Anderson, I. Entenza Jaros Leighton Opatz Skoglund
Bakk Evans Jennings Lenczewski Osthoff Slawik
Bernardy Folliard Johnson, R. Lieder Otremba Solberg
Biernat Gleason Johnson, S. Mahoney Paymar Swapinski
Carlson Goodwin Juhnke Mariani Pelowski Thompson
Clark, K. Gray Kahn Marko Peterson Wagenius
Daggett Greiling Kalis Marquart Pugh Walker
Davnie Hausman Kelliher McGuire Rukavina Wasiluk

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7687
Dawkins Hilstrom Koskinen Milbert Schumacher Winter
Dibble Hilty Kubly Mullery Sertich
Dorn Huntley Larson Murphy Skoe

The motion prevailed and the appeal of the decision of the Speaker was laid on the table.

The Speaker called Abrams to the Chair.

Kelliher, Mullery, Rhodes, Cassell, Davnie, Otremba, Sykora, Tingelstad, Abeler, Leppik and Smith offered an amendment to H. F. No. 3183, the first engrossment, as amended.

POINT OF ORDER

Finseth raised a point of order pursuant to rule 3.21 that the Kelliher et al amendment was not in order. Speaker pro tempore Abrams ruled the point of order well taken and the Kelliher et al amendment out of order.

Kelliher appealed the decision of Speaker pro tempore Abrams.

A roll call was requested and properly seconded.

LAY ON THE TABLE

Kuisle moved to lay the Kelliher appeal of the decision of Speaker pro tempore Abrams on the table.

A roll call was requested and properly seconded.

The question was taken on the Kuisle motion and the roll was called. There were 72 yeas and 60 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Harder Lieder Paulsen Swenson
Abrams Dorman Holberg Lindner Pawlenty Sykora
Anderson, B. Eastlund Holsten Mares Penas Tingelstad
Bishop Erhardt Howes Marquart Rhodes Tuma
Blaine Erickson Jacobson McElroy Rifenberg Vandeveer
Boudreau Finseth Johnson, J. Molnau Ruth Walz
Bradley Fuller Jordan Mulder Seagren Westerberg
Buesgens Gerlach Kielkucki Ness Seifert Westrom
Clark, J. Goodno Knoblach Nornes Skoe Wilkin
Daggett Gunther Krinkie Olson Smith Wolf
Davids Haas Kuisle Osskopp Stanek Workman
Dehler Hackbarth Leppik Ozment Stang Spk. Sviggum


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7688

Those who voted in the negative were:

Anderson, I. Entenza Huntley Kubly Mullery Schumacher
Bakk Evans Jaros Larson Murphy Skoglund
Bernardy Folliard Jennings Leighton Opatz Slawik
Biernat Gleason Johnson, R. Lenczewski Osthoff Solberg
Carlson Goodwin Johnson, S. Lipman Otremba Swapinski
Clark, K. Gray Juhnke Mahoney Paymar Thompson
Davnie Greiling Kahn Mariani Pelowski Wagenius
Dawkins Hausman Kalis Marko Peterson Walker
Dibble Hilstrom Kelliher McGuire Pugh Wasiluk
Dorn Hilty Koskinen Milbert Rukavina Winter

The motion prevailed and the appeal of the decision of Speaker pro tempore Abrams was laid on the table.

Kubly was excused for the remainder of today's session.

Otremba moved to amend H. F. No. 3183, the first engrossment, as amended, as follows:

Page 4, after line 20, insert:

"Sec. 7. Minnesota Statutes 2000, section 18B.37, subdivision 2, is amended to read:

Subd. 2. [COMMERCIAL AND NONCOMMERCIAL APPLICATORS.] (a) A commercial or noncommercial applicator, or the applicator's authorized agent, must maintain a record of pesticides used on each site. Noncommercial applicators must keep records of restricted use pesticides. The record must include the:

(1) date of the pesticide use;

(2) time the pesticide application was completed;

(3) brand name of the pesticide, the United States Environmental Protection Agency registration number, and dosage used;

(4) number of units treated;

(5) temperature, wind speed, and wind direction;

(6) location of the site where the pesticide was applied;

(7) name and address of the customer;

(8) name and signature of applicator, name of company, license number of applicator, and address of applicator company; and

(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted upon approval from the commissioner.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7689

(c) All information for this record requirement must be contained in a single page document for each pesticide application, except a map may be attached to identify treated areas. For the rights-of-way and wood preservative categories, the required record may not exceed five pages. An invoice containing the required information may constitute the required record. The commissioner shall make sample forms available to meet the requirements of this paragraph.

(d) A commercial applicator must give a copy of the record to the customer.

(e) Records must be retained by the applicator, company, or authorized agent for five years after the date of treatment.

(f) Records must be filed with the commissioner at least twice annually.

Sec. 8. Minnesota Statutes 2000, section 18B.37, subdivision 5, is amended to read:

Subd. 5. [INSPECTION OF RECORDS.] The commissioner may enter a commercial, noncommercial, or structural pest control applicator's business and inspect the records required in this section at any reasonable time and may make copies of the records. Unless required for enforcement of this chapter, Once it is filed with the commissioner, the information in the records in this section is private or nonpublic public and accessible through the commissioner, except for name and address of customer."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Solberg was excused between the hours of 11:50 a.m. and 12:45 p.m.

Kahn and Kelliher moved to amend H. F. No. 3183, the first engrossment, as amended, as follows:

Page 3, after line 1, insert:

"Sec. 5. Minnesota Statutes 2000, section 18B.02, is amended to read:

18B.02 [PREEMPTION OF CERTAIN LOCAL LAW.]

Except as specifically provided in this chapter, the provisions of this chapter preempt ordinances by local governments, except cities of the first and second class, that prohibit or regulate any matter relating to the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides. It is not the intent of this section to preempt local responsibilities for zoning, fire codes, or hazardous waste disposal."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7690

The question was taken on the Kahn and Kelliher amendment and the roll was called. There were 49 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Dorn Hilty Larson Murphy Thompson
Bakk Entenza Huntley Leighton Opatz Wagenius
Bernardy Evans Jaros Lenczewski Paymar Walker
Biernat Gleason Johnson, R. Mahoney Pugh Wasiluk
Carlson Goodwin Johnson, S. Mariani Rukavina
Clark, K. Gray Kahn Marko Sertich
Davnie Greiling Kalis McGuire Skoglund
Dawkins Hausman Kelliher Milbert Slawik
Dibble Hilstrom Koskinen Mullery Swapinski

Those who voted in the negative were:

Abeler Eastlund Howes Mares Peterson Tuma
Abrams Erhardt Jacobson Marquart Rhodes Vandeveer
Anderson, B. Erickson Jennings Molnau Rifenberg Walz
Blaine Finseth Johnson, J. Mulder Ruth Westerberg
Boudreau Folliard Jordan Ness Schumacher Westrom
Bradley Fuller Juhnke Nornes Seagren Wilkin
Buesgens Gerlach Kielkucki Olson Seifert Winter
Cassell Goodno Knoblach Osskopp Skoe Wolf
Clark, J. Gunther Krinkie Otremba Smith Workman
Daggett Haas Kuisle Ozment Stanek Spk. Sviggum
Davids Hackbarth Leppik Paulsen Stang
Dehler Harder Lieder Pawlenty Swenson
Dempsey Holberg Lindner Pelowski Sykora
Dorman Holsten Lipman Penas Tingelstad

The motion did not prevail and the amendment was not adopted.

The Speaker resumed the Chair.

Lenczewski was excused for the remainder of today's session.

Ozment moved to amend H. F. No. 3183, the first engrossment, as amended, as follows:

Page 14, after line 35, insert:

"Sec. 23. [REGULATING USE OF ANTIBIOTICS.]

Subd. 2. [DECLARATION.] The Legislature of the State of Minnesota strongly urges the United States Congress and the United States Food and Drug Administration to immediately take steps to: (1) limit use of antibiotics to that authorized under prescription and supervision; and (2) eliminate the use of medically important antibiotics at levels other than those used for therapeutic reasons. The Legislature of the State of Minnesota strongly urges the governors and legislatures in other states to promulgate this message.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7691

Subd. 3. [TRANSMISSION.] The Secretary of State of the State of Minnesota is directed to prepare copies of this section and transmit it to the President of the United States and the Secretary of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and the governors and legislative presiding officers of each of the other states of the Union."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Huntley moved to amend the Ozment amendment to H. F. No. 3183, the first engrossment, as amended, as follows:

Page 1, after line 4, insert:

"Subdivision 1. [FINDINGS.] Antibiotic-resistant bacteria cost American individuals and society at least four to five billion dollars annually. The use and misuse of antibiotics in animals and humans has been shown to promote the spread of resistant bacteria. Bacteria that have become resistant are able to transfer their resistance genes to unrelated bacteria of other species, magnifying the resistance problem. The effectiveness of antibiotics used in treating both sick humans and sick animals is being compromised. Any delay in taking steps to reduce misuse of antibiotic use in the United States will only heighten the public health risk since continued use promotes further development of resistance."

A roll call was requested and properly seconded.

POINT OF ORDER

Dehler raised a point of order pursuant to section 413, paragraph 3, of "Mason's Manual of Legislative Procedure," relating to Amendments by Striking Out or Inserting Paragraphs, that the Huntley amendment to the Ozment amendment was not in order. The Speaker ruled the point of order not well taken and the Huntley amendment to the Ozment amendment in order.

The question recurred on the amendment to the amendment and the roll was called. There were 64 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Hilty Larson Opatz Skoe
Anderson, I. Dorn Huntley Leighton Osthoff Skoglund
Bakk Entenza Jaros Lieder Otremba Slawik
Bernardy Evans Jennings Mahoney Pawlenty Swapinski
Biernat Folliard Johnson, R. Mariani Paymar Thompson
Carlson Gleason Johnson, S. Marko Pelowski Wagenius
Cassell Goodwin Jordan Marquart Peterson Walker
Clark, K. Gray Kahn McGuire Pugh Wasiluk
Davnie Greiling Kalis Milbert Rhodes Winter
Dawkins Hausman Kelliher Mullery Rukavina
Dibble Hilstrom Koskinen Murphy Sertich


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7692

Those who voted in the negative were:

Abrams Eastlund Holberg Lindner Paulsen Sykora
Anderson, B. Erhardt Holsten Lipman Penas Tingelstad
Blaine Erickson Howes Mares Rifenberg Tuma
Boudreau Finseth Jacobson McElroy Ruth Vandeveer
Bradley Fuller Johnson, J. Molnau Schumacher Walz
Buesgens Gerlach Juhnke Mulder Seagren Westerberg
Clark, J. Goodno Kielkucki Ness Seifert Westrom
Daggett Gunther Knoblach Nornes Smith Wilkin
Davids Haas Krinkie Olson Stanek Wolf
Dehler Hackbarth Kuisle Osskopp Stang Workman
Dempsey Harder Leppik Ozment Swenson Spk. Sviggum

The motion did not prevail and the amendment to the amendment was not adopted.

Ozment withdrew his amendment to H. F. No. 3183, the first engrossment, as amended.

H. F. No. 3183, A bill for an act relating to agriculture; clarifying and updating certain terms; changing certain requirements and procedures; limiting certain fees and payments; authorizing agreements; prohibiting tampering with farm tractor clock-hour meters; prescribing civil and criminal penalties; authorizing the northern counties land use coordinating board to initiate a land use management pilot project; amending Minnesota Statutes 2000, sections 17.90, subdivision 1a, by adding a subdivision; 17B.03, subdivision 1; 18B.315, subdivision 3; 18B.37, subdivisions 2, 5; 18E.02, by adding a subdivision; 18E.03, subdivision 4; 18E.04, subdivision 3; 18E.06; 21.111, by adding a subdivision; 31.101, as amended; 31.102, subdivision 1; 31.103, subdivision 1; 31.104; 38.331, subdivision 2; 41B.03, subdivisions 1, 3; 223.16, subdivision 5; Minnesota Statutes 2001 Supplement, sections 17.9442; 18B.36, subdivision 1; 18E.04, subdivisions 2, 4; 41B.046, subdivision 2; Laws 2001, chapter 206, section 14; proposing coding for new law in Minnesota Statutes, chapter 325E.

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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilstrom Larson Osskopp Smith
Abrams Dorman Hilty Leighton Osthoff Stanek
Anderson, B. Dorn Holberg Leppik Otremba Stang
Anderson, I. Eastlund Holsten Lieder Ozment Swapinski

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7693
Bakk Entenza Howes Lindner Paulsen Swenson
Bernardy Erhardt Huntley Lipman Pawlenty Sykora
Biernat Erickson Jacobson Mahoney Paymar Thompson
Bishop Evans Jaros Mares Pelowski Tingelstad
Blaine Finseth Jennings Mariani Penas Tuma
Boudreau Folliard Johnson, J. Marko Peterson Vandeveer
Bradley Fuller Johnson, R. Marquart Pugh Wagenius
Buesgens Gerlach Johnson, S. McElroy Rhodes Walker
Carlson Gleason Jordan McGuire Rifenberg Walz
Cassell Goodno Juhnke Milbert Rukavina Wasiluk
Clark, J. Goodwin Kahn Molnau Ruth Westerberg
Clark, K. Gray Kalis Mulder Schumacher Westrom
Daggett Greiling Kelliher Mullery Seagren Wilkin
Davids Gunther Kielkucki Murphy Seifert Winter
Davnie Haas Knoblach Ness Sertich Wolf
Dawkins Hackbarth Koskinen Nornes Skoe Workman
Dehler Harder Krinkie Olson Skoglund Spk. Sviggum
Dempsey Hausman Kuisle Opatz Slawik

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

The Speaker called Paulsen to the Chair.

S. F. No. 1555 was reported to the House.

Leppik moved to amend S. F. No. 1555 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 1524, the second engrossment:

"Section 1. Minnesota Statutes 2000, section 18C.005, is amended by adding a subdivision to read:

Subd. 18a. [LOCAL UNIT OF GOVERNMENT.] "Local unit of government" has the meaning given in section 18B.01, subdivision 14a.

Sec. 2. [18C.110] [PREEMPTION OF OTHER LAW.]

Except as otherwise specifically provided in this chapter, this chapter preempts a local ordinance that prohibits or regulates the registration, labeling, distribution, sale, handling, use, application, or disposal of turf fertilizer containing phosphorus. This section does not preempt local authority or responsibility for zoning, fire codes, or hazardous waste disposal. This section does not prohibit a local ordinance that restricts the sale of turf phosphorus fertilizer that was in effect on August 1, 2002.

Sec. 3. Minnesota Statutes 2000, section 18C.211, subdivision 2, is amended to read:

Subd. 2. [GUARANTEES OF THE NUTRIENTS.] (a) A person may guarantee plant nutrients other than nitrogen, phosphorus, and potassium only if allowed or required by commissioner's rule.

(b) The guarantees for the plant nutrients must be expressed in the elemental form.

(c) The sources of other elements, oxides, salt, and chelates, may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station.

(d) If plant nutrients or other substances or compounds are guaranteed, the plant nutrients are subject to inspection and analyses in accord with the methods and rules prescribed by the commissioner.

(e) The commissioner may, by rule, require the potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton.

(f) The plant nutrients in a specialty fertilizer must not be below or exceed the guaranteed analysis by more than the investigational allowances established by rule.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7694

Sec. 4. [18C.60] [PHOSPHORUS TURF FERTILIZER USE RESTRICTIONS.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Metropolitan county" means any one of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.

(c) "Turf" means noncrop land planted in closely mowed, managed grasses including, but not limited to, residential and commercial residential property, private golf courses, and property owned by federal, state, or local units of government, including parks, recreation areas, and public golf courses. Turf does not mean pasture, hayland, hay, turf grown on turf farms, or any other form of agricultural production.

Subd. 2. [PHOSPHORUS USE RESTRICTIONS.] (a) A person may not apply a fertilizer containing the plant nutrient phosphorus to turf in a metropolitan county, except under conditions listed in paragraph (d).

(b) A person may not apply granular fertilizer containing greater than three percent phosphate (P2O5) by weight, or liquid fertilizer at a rate greater than 0.3 pounds phosphate (P2O5) per 1,000 square feet, to turf in counties other than a metropolitan county, except under conditions listed in paragraph (d).

(c) A local unit of government in a county other than a metropolitan county may adopt paragraph (a) in place of paragraph (b). The local unit of government must notify the commissioner of the adoption of paragraph (a) within 30 days of its adoption. The commissioner shall maintain a list of local units of government in counties other than metropolitan counties that have adopted paragraph (a).

(d) Paragraphs (a) and (b) do not apply when:

(1) a tissue, soil, or other test by a laboratory or method approved by the commissioner and performed within the last three years indicates that the levels of available phosphorous in the soil are insufficient to support healthy turf growth;

(2) the property owner or an agent of the property owner is first establishing turf via seed or sod procedures, and only during the first growing season; or

(3) the fertilizer containing the plant food phosphorus is used on a golf course under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the commissioner.

(e) Applications of phosphorus fertilizer authorized under paragraph (d), clause (1) or (2), must not exceed rates currently recommended by the University of Minnesota and approved by the commissioner.

Subd. 3. [CONSUMER INFORMATION.] The commissioner, in consultation with the University of Minnesota extension service, fertilizer industry representatives, lakes groups, and other interested or affected parties, must produce consumer information in a format and of a content suitable for posting and distribution at retail points of sale of fertilizer that contains phosphorus and is for use on turf.

Subd. 4. [RESEARCH EVALUATION; REPORT.] The commissioner, in cooperation with the University of Minnesota and the University of Minnesota extension service, and, after consultation with representatives of the fertilizer industry, lakes groups, and other interested or affected parties, shall evaluate research needs and encourage targeted research opportunities to investigate the effects of phosphorus fertilization of turf on urban stormwater quality. The commissioner must evaluate the effectiveness of the restrictions on phosphorus fertilizers under this section and report to the legislature by January 1, 2007.

Subd. 5. [ENFORCEMENT.] This section is enforced by the commissioner under chapter 18D or by local units of government under their existing authority. Violation of this section is a petty misdemeanor.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7695

Sec. 5. [18C.61] [FERTILIZER APPLICATION TO AN IMPERVIOUS SURFACE; PROHIBITION.]

(a) A person may not apply a fertilizer to an impervious surface. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container.

(b) For the purposes of this section, "impervious surface" means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.

Sec. 6. [EFFECTIVE DATE.]

Section 4 is effective January l, 2004."

Delete the title and insert:

"A bill for an act relating to agriculture; regulating certain uses of fertilizers containing phosphorus; imposing a penalty; limiting amounts of certain plant nutrients; amending Minnesota Statutes 2000, sections 18C.005, by adding a subdivision; 18C.211, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 18C."

The motion prevailed and the amendment was adopted.

Leppik and Juhnke offered an amendment to S. F. No. 1555, as amended.

Dorman requested a division of the Leppik and Juhnke amendment to S. F. No. 1555, as amended.

The first portion of the Leppik and Juhnke amendment to S. F. No 1555, as amended, reads as follows:

Page 3, line 26, delete "on a golf course"

Page 3, line 31, delete "currently"

Page 4, line 1, after "information" insert "on use restrictions and recommended best practices for lawn fertilizer containing phosphorus, and on best management practices for other residential sources of phosphorus in the urban landscape. The information must be"

A roll call was requested and properly seconded.

The question was taken on the first portion of the Leppik and Juhnke amendment and the roll was called. There were 109 yeas and 22 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Huntley Lipman Pawlenty Sykora
Abrams Entenza Jacobson Mahoney Paymar Thompson
Anderson, I. Erhardt Jaros Mares Pelowski Tingelstad
Bakk Evans Jennings Mariani Peterson Tuma
Bernardy Folliard Johnson, J. Marko Pugh Wagenius
Biernat Fuller Johnson, R. Marquart Rhodes Walker
Bishop Gerlach Johnson, S. McElroy Rukavina Walz
Boudreau Gleason Jordan McGuire Ruth Wasiluk
Bradley Goodno Juhnke Milbert Schumacher Westerberg
Carlson Goodwin Kahn Mullery Seagren Wilkin
Cassell Gray Kalis Murphy Sertich Winter

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7696
Clark, J. Greiling Kelliher Ness Skoglund Wolf
Clark, K. Gunther Knoblach Nornes Slawik Workman
Daggett Haas Koskinen Olson Smith Spk. Sviggum
Davnie Hausman Larson Opatz Solberg
Dawkins Hilstrom Leighton Osthoff Stanek
Dehler Hilty Leppik Otremba Stang
Dempsey Holsten Lieder Ozment Swapinski
Dibble Howes Lindner Paulsen Swenson

Those who voted in the negative were:

Anderson, B. Dorman Hackbarth Kuisle Penas Vandeveer
Blaine Eastlund Harder Molnau Rifenberg Westrom
Buesgens Erickson Holberg Mulder Seifert
Davids Finseth Kielkucki Osskopp Skoe

The motion prevailed and the first portion of the Leppik and Juhnke amendment was adopted.

The second portion of the Leppik and Juhnke amendment to S. F. No. 1555, as amended, reads as follows:

Page 4, delete lines 15 to 18

Page 4, after line 28, insert:

"Sec. 6. [18C.62] [ENFORCEMENT.]

Sections 18C.60 and 18C.61 are enforced by local units of government under their existing authority. Violation of a provision in either of these sections is a petty misdemeanor."

Page 4, line 30, delete "Section 4 is" and insert "Sections 2 and 4 are"

A roll call was requested and properly seconded.

The question was taken on the second portion of the Leppik and Juhnke amendment and the roll was called. There were 130 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dorn Holberg Leppik Otremba Stanek
Abrams Eastlund Holsten Lieder Ozment Stang
Anderson, B. Entenza Howes Lindner Paulsen Swapinski
Anderson, I. Erhardt Huntley Lipman Pawlenty Swenson
Bakk Erickson Jacobson Mahoney Paymar Sykora
Bernardy Evans Jaros Mares Pelowski Thompson
Biernat Finseth Jennings Mariani Penas Tingelstad
Bishop Folliard Johnson, J. Marko Peterson Tuma
Blaine Fuller Johnson, R. Marquart Pugh Vandeveer
Boudreau Gerlach Johnson, S. McElroy Rhodes Wagenius
Bradley Gleason Jordan McGuire Rifenberg Walker
Carlson Goodno Juhnke Milbert Rukavina Walz
Cassell Goodwin Kahn Molnau Ruth Wasiluk
Clark, J. Gray Kalis Mulder Schumacher Westerberg
Clark, K. Greiling Kelliher Mullery Seagren Westrom
Davids Gunther Kielkucki Murphy Seifert Wilkin
Davnie Haas Knoblach Ness Sertich Winter
Dawkins Hackbarth Koskinen Nornes Skoe Wolf
Dehler Harder Krinkie Olson Skoglund Workman
Dempsey Hausman Kuisle Opatz Slawik Spk. Sviggum

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7697
Dibble Hilstrom Larson Osskopp Smith
Dorman Hilty Leighton Osthoff Solberg

Those who voted in the negative were:

Buesgens

The motion prevailed and the second portion of the Leppik and Juhnke amendment was adopted.

Leppik moved to amend S. F. No. 1555, as amended, as follows:

Page 1, delete lines 16 to 19 and insert "a local unit of government may not adopt any ordinance, regulate, or in any way restrict the distribution, sale, handling, use, or application of phosphorus fertilizers and phosphorus fertilizer products that are applied or will be applied to land used for growing crops or any other agricultural use. This section does not preempt local"

Kuisle moved to amend the Leppik amendment to S. F. No. 1555, as amended, as follows:

Page 1, line 6, delete "phosphorus" in both places

The motion did not prevail and the amendment to the amendment was not adopted.

The question recurred on the Leppik amendment to S. F. No. 1555, as amended. The motion prevailed and the amendment was adopted.

Dehler moved to amend S. F. No. 1555, as amended, as follows:

Page 1, line 23, delete "August" and insert "April"

The motion did not prevail and the amendment was not adopted.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7698

Westrom moved to amend S. F. No. 1555, as amended, as follows:

Page 3, line 3, delete "(d)" and insert "(b)"

Page 3, line 4, delete everything after "(b)"

Page 3, delete lines 5 to 16

Page 3, line 17, delete everything before "not" and insert "Paragraph (a) does"

Page 3, line 29, delete "(e)" and insert "(c)"

Page 3, line 30, delete "(d)" and insert "(b)"

Page 4, line 22, after "surface" insert "in a metropolitan county"

The motion did not prevail and the amendment was not adopted.

The Speaker resumed the Chair.

Dorman, Rifenberg, Finseth, Kuisle, Swenson, Gunther, Davids and Osskopp moved to amend S. F. No. 1555, as amended, as follows:

Page 1, line 19, before the period, insert ", and a local unit of government may not adopt any ordinance, regulate, or in any way restrict the distribution, sale, handling, use, or application of fertilizers and fertilizer products that are applied or will be applied to land used for growing crops or for any other agricultural use"

Page 1, line 21, delete everything after the period

Page 1, delete lines 22 and 23

Page 2, line 24, delete "DEFINITIONS" and insert "DEFINITION" and delete "definitions" and insert "definition"

Page 2, line 25, delete "apply" and insert "applies"

Page 2, line 26, delete everything after "(b)"

Page 2, delete lines 27 and 28

Page 2, line 29, delete the paragraph coding and delete "(c)"

Page 2, line 36, delete everything after "(a)"

Page 3, delete lines 1 to 3

Page 3, line 4, delete the paragraph coding and delete "(b)"

Page 3, line 7, delete everything after "turf"

Page 3, line 8, delete everything before the comma


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7699

Page 3, line 9, delete "(d)" and insert "(b)"

Page 3, delete lines 10 to 16

Page 3, line 17, delete everything before "not" and insert:

"(b) Paragraph (a) does"

Page 3, line 29, delete "(e)" and insert "(c)"

Page 3, line 30, delete "(d)" and insert "(b)"

Page 3, line 31, delete "currently" and after "Minnesota" insert "or land-grant university in an adjacent state"

Page 4, line 17, delete everything after the period

Page 4, delete line 18

Page 4, delete lines 29 and 30

A roll call was requested and properly seconded.

The question was taken on the Dorman et al amendment and the roll was called. There were 28 yeas and 103 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Dehler Gunther Kuisle Osskopp Vandeveer
Bishop Dorman Hackbarth Molnau Penas Westrom
Blaine Eastlund Holberg Mulder Rifenberg Spk. Sviggum
Buesgens Erickson Kielkucki Ness Seifert
Davids Finseth Krinkie Olson Swenson

Those who voted in the negative were:

Abeler Entenza Jacobson Lipman Paymar Sykora
Abrams Erhardt Jaros Mahoney Pelowski Thompson
Anderson, I. Evans Jennings Mares Peterson Tingelstad
Bakk Folliard Johnson, J. Mariani Pugh Tuma
Bernardy Fuller Johnson, R. Marko Rhodes Wagenius
Biernat Gerlach Johnson, S. Marquart Rukavina Walker
Boudreau Gleason Jordan McElroy Ruth Walz
Bradley Goodno Juhnke McGuire Schumacher Wasiluk
Carlson Goodwin Kahn Milbert Seagren Westerberg
Cassell Gray Kalis Mullery Sertich Wilkin
Clark, J. Greiling Kelliher Murphy Skoe Winter
Clark, K. Haas Knoblach Nornes Skoglund Wolf
Daggett Harder Koskinen Opatz Slawik Workman
Davnie Hausman Larson Osthoff Smith
Dawkins Hilstrom Leighton Otremba Solberg
Dempsey Hilty Leppik Ozment Stanek
Dibble Howes Lieder Paulsen Stang
Dorn Huntley Lindner Pawlenty Swapinski

The motion did not prevail and the amendment was not adopted.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7700

Ness moved to amend S. F. No. 1555, as amended, as follows:

Page 4, line 19, after "FERTILIZER" insert "OR ORGANIC MATERIAL"

Page 4, after line 25, insert:

"(b) A person may not apply grass clippings, leaves, or other organic material to an impervious surface. Organic material released on an impervious surface must be immediately contained in an appropriate container."

Page 4, line 26, delete "(b)" and insert "(c)"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Dehler moved to amend S. F. No. 1555, as amended, as follows:

Page 3, line 36, after "produce" insert "and provide free of charge"

The motion did not prevail and the amendment was not adopted.

Dorman moved to amend S. F. No. 1555, as amended, as follows:

Page 2, after line 29, insert:

"(b) "City of the first class" has the meaning given in section 410.01"

Page 2, after line 36, insert:

"Subd. 2. [PHOSPHORUS USE PROHIBITION; CERTAIN CITIES OF THE FIRST CLASS.] A person may not apply a fertilizer containing the plant nutrient phosphorus within 20 feet of an impervious surface in a city of the first class in a metropolitan county."

Page 2, line 36, after "(a)" insert "Except as prohibited in subdivision 2,"

Reletter paragraphs in sequence

Renumber subdivisions in sequence

Correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7701

The question was taken on the Dorman amendment and the roll was called. There were 25 yeas and 106 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Ness Swenson Spk. Sviggum
Anderson, B. Erickson Kielkucki Olson Westerberg
Blaine Finseth Krinkie Osskopp Westrom
Buesgens Gunther Kuisle Rifenberg Workman
Davids Hackbarth Mulder Seifert

Those who voted in the negative were:

Abrams Dorn Holsten Leppik Otremba Smith
Anderson, I. Eastlund Howes Lieder Ozment Solberg
Bakk Entenza Huntley Lindner Paulsen Stanek
Bernardy Erhardt Jacobson Lipman Pawlenty Stang
Biernat Evans Jaros Mahoney Paymar Swapinski
Bishop Folliard Jennings Mares Pelowski Thompson
Boudreau Fuller Johnson, J. Mariani Penas Tingelstad
Bradley Gerlach Johnson, R. Marko Peterson Tuma
Carlson Gleason Johnson, S. Marquart Pugh Vandeveer
Cassell Goodno Jordan McElroy Rhodes Wagenius
Clark, J. Goodwin Juhnke McGuire Rukavina Walker
Clark, K. Gray Kahn Milbert Ruth Walz
Daggett Greiling Kalis Molnau Schumacher Wasiluk
Davnie Haas Kelliher Mullery Seagren Wilkin
Dawkins Harder Knoblach Murphy Sertich Winter
Dehler Hausman Koskinen Nornes Skoe Wolf
Dempsey Hilstrom Larson Opatz Skoglund
Dibble Hilty Leighton Osthoff Slawik

The motion did not prevail and the amendment was not adopted.

S. F. No. 1555, A bill for an act relating to agriculture; providing a preemption of local regulation of fertilizers and plant foods used in agricultural production; regulating the use on turf of certain fertilizers containing phosphorus; providing for enforcement; prohibiting fertilizer applications to an impervious surface; amending Minnesota Statutes 2000, sections 18C.005, by adding a subdivision; 18C.211, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 18C.

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 116 yeas and 16 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Holsten Lindner Pawlenty Swenson
Abrams Entenza Howes Lipman Paymar Sykora
Anderson, I. Erhardt Huntley Mahoney Pelowski Thompson
Bakk Evans Jacobson Mares Penas Tingelstad
Bernardy Folliard Jaros Mariani Peterson Tuma
Biernat Fuller Jennings Marko Pugh Vandeveer
Bishop Gerlach Johnson, J. Marquart Rhodes Wagenius
Boudreau Gleason Johnson, R. McElroy Rukavina Walker
Bradley Goodno Johnson, S. McGuire Ruth Walz
Carlson Goodwin Jordan Milbert Schumacher Wasiluk

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7702
Cassell Gray Juhnke Molnau Seagren Westerberg
Clark, J. Greiling Kahn Mullery Sertich Wilkin
Clark, K. Gunther Kalis Murphy Skoe Winter
Daggett Haas Kelliher Ness Skoglund Wolf
Davnie Hackbarth Knoblach Nornes Slawik Workman
Dawkins Harder Koskinen Opatz Smith Spk. Sviggum
Dehler Hausman Larson Osthoff Solberg
Dempsey Hilstrom Leighton Otremba Stanek
Dibble Hilty Leppik Ozment Stang
Dorn Holberg Lieder Paulsen Swapinski

Those who voted in the negative were:

Anderson, B. Davids Finseth Kuisle Osskopp Westrom
Blaine Dorman Kielkucki Mulder Rifenberg
Buesgens Erickson Krinkie Olson Seifert

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:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2214, A bill for an act relating to a baseball park; providing for financing of a major league baseball park; providing a site selection process; authorizing state revenue bonds; establishing a baseball park gift fund; authorizing a state loan to the site city; requiring local government body approval; establishing a sports facilities fund; imposing certain obligations on the major league baseball team; requiring a use agreement and a guaranty from major league baseball; providing a property tax exemption for the baseball park; exempting sales of construction materials for the park from the sales tax; requiring payment of the prevailing wage rate to ballpark construction workers; requiring the state executive council to select a city for the site; requiring the legislative commission on planning and fiscal policy to make a recommendation to the council; providing an opportunity for community ownership if the baseball team is sold; requiring a donation from private sources as a precondition to issuing bonds or loaning state money; authorizing certain temporary city taxes and an admission tax if approved by referendum; authorizing parking surcharges; authorizing issuance of an additional liquor license; authorizing a condominium; requiring evaluation of an olympic bid; appropriating money; amending Minnesota Statutes 2000, sections 272.02, by adding a subdivision; 297A.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16A.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7703

Mares moved that the House refuse to concur in the Senate amendments to H. F. No. 2214, 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.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2214:

Mares, Goodno, Abrams, McElroy and Milbert.

Wasiluk was excused for the remainder of today's session.

Molnau 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.

CALENDAR FOR THE DAY

S. F. No. 3015 was reported to the House.

Davids moved to amend S. F. No. 3015, the unofficial engrossment, as follows:

Page 7, line 26, delete "August" and insert "July"

The motion prevailed and the amendment was adopted.

Davids moved to amend S. F. No. 3015, the unofficial engrossment, as amended, as follows:

Page 7, after line 24, insert:

"Sec. 17. [REPEALER.] Sections 30 and 34 of 2002 H. F. 2988 if enacted, are repealed effective retroactive to their date of enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7704

Hilstrom, Abeler and Davids moved to amend S. F. No. 3015, the unofficial engrossment, as amended, as follows:

Page 7, after line 15, insert:

"Sec. 15. [609.612] [EMPLOYMENT OF RUNNERS.]

Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given.

(b) "Public media" means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective patient or client.

(c) "Runner," "capper," or "steerer" means a person who for a pecuniary gain procures patients or clients at the direction of, or in cooperation with, a health care provider when the person knows or has reason to know that the provider's purpose is to fraudulently perform or obtain services or benefits under or relating to a contract of motor vehicle insurance. The term does not include a person who procures clients through public media.

Subd. 2. [ACT CONSTITUTING.] Whoever employs, uses, or acts as a runner, capper, or steerer is guilty of a felony and may be sentenced to imprisonment for not more than three years or to a payment of a fine of not more than $6,000, or both. Charges for any services rendered by a health care provider, who violated this section in regard to the person for whom such services were rendered, are noncompensable and unenforceable as a matter of law."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 3015, A bill for an act relating to commerce; establishing a division of insurance fraud prevention within the department of commerce to investigate and prosecute insurance fraud; appropriating money; prescribing a criminal penalty for the employment of runners, cappers, or steerers; amending Minnesota Statutes 2000, sections 60A.951, subdivisions 1, 2, by adding subdivisions; 60A.952, subdivisions 1, 2, by adding subdivisions; 60A.953; proposing coding for new law in Minnesota Statutes, chapters 45; 60A; 609; repealing Minnesota Statutes 2000, section 175.16, subdivision 2.

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 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilstrom Larson Osskopp Smith
Abrams Dorman Hilty Leighton Osthoff Solberg
Anderson, B. Dorn Holberg Leppik Otremba Stanek
Anderson, I. Eastlund Holsten Lieder Ozment Stang
Bakk Entenza Howes Lindner Paulsen Swapinski
Bernardy Erhardt Huntley Lipman Pawlenty Swenson
Biernat Erickson Jacobson Mahoney Paymar Sykora
Bishop Evans Jaros Mares Pelowski Thompson
Blaine Finseth Jennings Mariani Penas Tingelstad
Boudreau Folliard Johnson, J. Marko Peterson Tuma
Bradley Fuller Johnson, R. Marquart Pugh Vandeveer
Buesgens Gerlach Johnson, S. McElroy Rhodes Wagenius
Carlson Gleason Jordan McGuire Rifenberg Walker
Cassell Goodno Juhnke Milbert Rukavina Walz
Clark, J. Goodwin Kahn Molnau Ruth Westerberg
Clark, K. Gray Kalis Mulder Schumacher Westrom

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7705
Daggett Greiling Kelliher Mullery Seagren Wilkin
Davids Gunther Kielkucki Murphy Seifert Winter
Davnie Haas Knoblach Ness Sertich Wolf
Dawkins Hackbarth Koskinen Nornes Skoe Workman
Dehler Harder Kubly Olson Skoglund Spk. Sviggum
Dempsey Hausman Kuisle Opatz Slawik

Those who voted in the negative were:

Krinkie

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

S. F. No. 3168 was reported to the House.

Kahn and Biernat moved to amend S. F. No. 3168 as follows:

Page 1, after line 8, insert:

"Section 1. Minnesota Statutes 2000, section 205.84, subdivision 1, is amended to read:

Subdivision 1. [GENERAL PROVISIONS.] (a) In a city electing council members by wards, wards shall be as equal in population as practicable and each ward shall be composed of compact, contiguous territory. Each council member shall be a resident of the ward for which elected, but, except as otherwise provided by paragraph (b), a change in ward boundaries does not disqualify a council member from serving for the remainder of a term.

(b) In a city of the first class where council members are elected by ward to serve for four years to terms that are not staggered, if the population of any ward changes by five percent or more, all council members must be elected to new terms at the first municipal general election after ward boundaries are redefined under subdivision 2; provided, however, that if no municipal general election would otherwise occur in the year ending in "2" or the year ending in "3," a municipal general election must be held in one of those years.

[EFFECTIVE DATE.] This section is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7706

S. F. No. 3168, A bill for an act relating to municipalities; providing for a bidding exception for certain water tank service contracts; authorizing an agreement for the city of Walker to maintain and operate the state's water tower at Ah-Gwah-Ching; amending Minnesota Statutes 2000, section 471.345, by adding a subdivision.

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 88 yeas and 42 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Hackbarth Larson Paulsen Stang
Abrams Eastlund Harder Leppik Pelowski Swenson
Bakk Entenza Howes Lieder Penas Sykora
Bernardy Erhardt Jacobson Lindner Peterson Thompson
Bishop Evans Jennings Mares Rhodes Tingelstad
Blaine Finseth Johnson, J. Marquart Rukavina Tuma
Boudreau Fuller Johnson, R. McElroy Ruth Wagenius
Bradley Gerlach Jordan McGuire Schumacher Walz
Buesgens Gleason Juhnke Molnau Seagren Westerberg
Cassell Goodno Kahn Ness Seifert Westrom
Daggett Goodwin Kalis Nornes Sertich Winter
Davids Gray Kelliher Opatz Skoe Wolf
Dawkins Greiling Kielkucki Osskopp Skoglund Spk. Sviggum
Dehler Gunther Kubly Otremba Solberg
Dempsey Haas Kuisle Ozment Stanek

Those who voted in the negative were:

Anderson, B. Dibble Holberg Krinkie Mullery Slawik
Anderson, I. Dorn Holsten Leighton Murphy Smith
Biernat Erickson Huntley Lipman Olson Swapinski
Carlson Folliard Jaros Mahoney Pawlenty Vandeveer
Clark, J. Hausman Johnson, S. Mariani Paymar Walker
Clark, K. Hilstrom Knoblach Milbert Pugh Wilkin
Davnie Hilty Koskinen Mulder Rifenberg Workman

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

H. F. No. 3690, A bill for an act relating to higher education; exempting certain student contracts from the contract moratorium; amending Laws 2002, chapter 220, article 10, section 37.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dibble Hilstrom Kuisle Opatz Slawik
Abrams Dorman Hilty Larson Osskopp Smith
Anderson, B. Dorn Holberg Leighton Osthoff Solberg
Anderson, I. Eastlund Holsten Leppik Otremba Stanek
Bakk Entenza Howes Lieder Ozment Stang
Bernardy Erhardt Huntley Lindner Paulsen Swapinski
Biernat Erickson Jacobson Lipman Pawlenty Swenson
Bishop Evans Jaros Mahoney Paymar Sykora
Blaine Finseth Jennings Mares Pelowski Thompson
Boudreau Folliard Johnson, J. Mariani Penas Tingelstad
Bradley Fuller Johnson, R. Marko Peterson Tuma
Buesgens Gerlach Johnson, S. Marquart Pugh Vandeveer
Carlson Gleason Jordan McElroy Rhodes Wagenius
Cassell Goodno Juhnke McGuire Rifenberg Walker
Clark, J. Goodwin Kahn Milbert Rukavina Walz
Clark, K. Gray Kalis Molnau Ruth Westerberg
Daggett Greiling Kelliher Mulder Schumacher Westrom
Davids Gunther Kielkucki Mullery Seagren Wilkin

Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7707
Davnie Haas Knoblach Murphy Seifert Winter
Dawkins Hackbarth Koskinen Ness Sertich Wolf
Dehler Harder Krinkie Nornes Skoe Workman
Dempsey Hausman Kubly Olson Skoglund Spk. Sviggum

The bill was passed and its title agreed to.

Pawlenty 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 Messages from the Senate.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 3125, A bill for an act relating to telecommunications; authorizing periodic account statements in electronic format; changing name of telecommunications access for communication-impaired persons program to telecommunications access Minnesota program; modifying and clarifying provisions for contracting the telecommunication relay system; allowing the city of Alexandria to enter into a joint venture; amending Minnesota Statutes 2000, section 237.52, subdivision 1; Minnesota Statutes 2001 Supplement, sections 237.51, subdivision 1; 237.54, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 237.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7708

H. F. No. 2214, A bill for an act relating to a baseball park; providing for financing of a major league baseball park; providing a site selection process; authorizing state revenue bonds; establishing a baseball park gift fund; authorizing a state loan to the site city; requiring local government body approval; establishing a sports facilities fund; imposing certain obligations on the major league baseball team; requiring a use agreement and a guaranty from major league baseball; providing a property tax exemption for the baseball park; exempting sales of construction materials for the park from the sales tax; requiring payment of the prevailing wage rate to ballpark construction workers; requiring the state executive council to select a city for the site; requiring the legislative commission on planning and fiscal policy to make a recommendation to the council; providing an opportunity for community ownership if the baseball team is sold; requiring a donation from private sources as a precondition to issuing bonds or loaning state money; authorizing certain temporary city taxes and an admission tax if approved by referendum; authorizing parking surcharges; authorizing issuance of an additional liquor license; authorizing a condominium; requiring evaluation of an olympic bid; appropriating money; amending Minnesota Statutes 2000, sections 272.02, by adding a subdivision; 297A.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16A.

The Senate has appointed as such committee:

Senators Johnson, Dean; Scheid; Terwilliger; Kelley, S. P., and Metzen.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 3364, A bill for an act relating to transportation; establishing major highway project account; authorizing bonding; exempting certain contracts from moratorium on state contracts for professional or technical services; appropriating money; amending Laws 2002, chapter 220, article 10, section 37; proposing coding for new law in Minnesota Statutes, chapter 161.

The Senate has appointed as such committee:

Senators Johnson, Dean; Johnson, Dave; Sabo; Terwilliger and Ourada.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Stang was excused for the remainder of today's session.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3270, A bill for an act relating to state government; creating office of state treasurer and modifying related provisions; providing for governor's cabinet and organizing certain government agencies; modifying certain fund provisions; requiring the commissioner of finance to prepare a forecast of state revenues and expenditures in


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7709

July in each even-numbered year; requiring certain payments; modifying provisions of constitutional officers' salaries; reducing certain appropriations; modifying consulting moratorium and hiring freeze provisions; amending Minnesota Statutes 2000, sections 4.06; 8.05; 10.01; 11A.08, subdivision 1; 16A.103, subdivision 1; 40A.151, subdivision 1; 40A.152, subdivisions 1, 3; 43A.18, subdivision 4; 168A.40, subdivision 4, as amended; 204B.11, subdivision 1; 204D.10, subdivision 2; 209.01, subdivision 2; 240A.08; 471.975; Minnesota Statutes 2001 Supplement, section 16E.09, subdivision 1; Laws 2001, First Special Session chapter 10, article 1, section 2, subdivision 4; Laws 2002, chapter 220, article 10, sections 2; 3; 7; 10, subdivision 3; 16; 36; 37; 38; proposing coding for new law in Minnesota Statutes, chapters 7; 15; 43A.

Patrick E. Flahaven, Secretary of the Senate

CALL OF THE HOUSE

On the motion of Seifert and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abeler Dorman Hilty Larson Osskopp Smith
Abrams Dorn Holberg Leighton Osthoff Solberg
Anderson, B. Eastlund Holsten Leppik Otremba Stanek
Anderson, I. Entenza Howes Lieder Ozment Swapinski
Bakk Erhardt Huntley Lindner Paulsen Swenson
Bernardy Erickson Jacobson Lipman Pawlenty Sykora
Biernat Evans Jaros Mahoney Paymar Thompson
Blaine Finseth Jennings Mares Pelowski Tingelstad
Boudreau Folliard Johnson, J. Mariani Penas Tuma
Bradley Fuller Johnson, R. Marko Peterson Vandeveer
Buesgens Gerlach Johnson, S. Marquart Pugh Wagenius
Carlson Gleason Jordan McElroy Rhodes Walker
Cassell Goodno Juhnke McGuire Rifenberg Walz
Clark, J. Goodwin Kahn Milbert Rukavina Westerberg
Clark, K. Gray Kalis Molnau Ruth Westrom
Daggett Greiling Kelliher Mulder Schumacher Wilkin
Davids Gunther Kielkucki Mullery Seagren Winter
Davnie Haas Knoblach Murphy Seifert Wolf
Dawkins Hackbarth Koskinen Ness Sertich Workman
Dehler Harder Krinkie Nornes Skoe Spk. Sviggum
Dempsey Hausman Kubly Olson Skoglund
Dibble Hilstrom Kuisle Opatz Slawik

Seifert moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

MOTION TO CONCUR

Osskopp moved that the House concur in the Senate amendments to H. F. No. 3270 and that the bill be repassed as amended by the Senate.

A roll call was requested and properly seconded.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7710

Bishop moved that the House refuse to concur in the Senate amendments to H. F. No. 3270, 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.

A roll call was requested and properly seconded.

The question was taken on the Bishop motion and the roll was called. There were 111 yeas and 20 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holberg Leppik Paulsen Stanek
Abrams Eastlund Holsten Lieder Pawlenty Swenson
Anderson, I. Entenza Howes Lindner Paymar Sykora
Bernardy Erhardt Huntley Lipman Pelowski Thompson
Biernat Erickson Jacobson Mahoney Penas Tingelstad
Bishop Evans Jennings Mares Peterson Tuma
Blaine Finseth Johnson, J. Marko Pugh Vandeveer
Boudreau Folliard Johnson, R. Marquart Rhodes Wagenius
Bradley Fuller Jordan McElroy Rifenberg Walz
Buesgens Gerlach Juhnke Milbert Rukavina Westerberg
Carlson Goodno Kelliher Molnau Ruth Westrom
Cassell Goodwin Kielkucki Mullery Schumacher Wilkin
Clark, J. Greiling Knoblach Murphy Seagren Winter
Daggett Gunther Koskinen Ness Seifert Wolf
Davids Haas Krinkie Nornes Sertich Workman
Davnie Hackbarth Kubly Opatz Skoglund Spk. Sviggum
Dehler Harder Kuisle Osskopp Slawik
Dempsey Hilstrom Larson Otremba Smith
Dorman Hilty Leighton Ozment Solberg

Those who voted in the negative were:

Anderson, B. Dibble Jaros Mariani Osthoff Walker
Bakk Gleason Johnson, S. McGuire Skoe
Clark, K. Gray Kahn Mulder Swapinski
Dawkins Hausman Kalis Olson

The motion prevailed.

Mr. Speaker:

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

S. F. No. 2674, A bill for an act relating to natural resources; clarifying the aquatic life that may be raised on aquatic farms; restricting motorized use of state forest land; requiring new snowmobiles sold in the state to have emergency hazard lights; temporarily removing restrictions on the production of planting stock; modifying timber permit and lease provisions; creating a prairie chicken hunting license; providing for the consumption of game at fundraising events; restricting the taking of fish on certain waters; providing for trapper education programs; prohibiting certain motorized decoys; modifying provisions for using lights to locate animals; modifying


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7711

requirements for taking turtles; modifying requirements for a firearms safety certificate; modifying provisions relating to aquatic plant control permits; eliminating the maximum fee for an aquatic plant control permit; providing for enforcement authority and restoration requirements related to gathering or destroying aquatic plants; eliminating certain experimental trout stream restrictions; modifying timber sale provisions for tax-forfeited land in St. Louis county; requiring a study; providing criminal penalties; appropriating money; amending Minnesota Statutes 2000, sections 17.47, subdivision 7; 84.821, by adding a subdivision; 89.36, subdivision 1; 90.151, subdivision 1; 90.162; 97A.475, subdivisions 2, 41; 97B.020; 97B.025; 97B.081, subdivision 2; 97B.601, subdivision 4; 97B.811, by adding a subdivision; 97C.025; 97C.605; 97C.611; 103G.615, subdivisions 2, 3, by adding subdivisions; Minnesota Statutes 2001 Supplement, section 282.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 84; 97A; 97B; repealing Minnesota Statutes 2000, sections 90.50; 97C.003.

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

Senators Krentz, Price and Frederickson.

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

Patrick E. Flahaven, Secretary of the Senate

Ozment moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2674. The motion prevailed.

Mr. Speaker:

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

S. F. No. 3298, A bill for an act relating to transportation; regulating public works contracts; allowing commissioner of transportation to acquire land to preserve transportation corridors; providing reimbursement to fire departments for expenses incurred in extinguishing certain motor vehicle fires; modifying provisions regulating disposition of impounded vehicles; allowing limited use of highway shoulders by buses and vanpools; requiring parked vehicle to be parallel with curb; allowing limited regulation by local governments of train whistles; modifying motor carrier provisions to reduce certain regulatory obligations; requiring commissioner of transportation to adopt rules to implement and administer training program for tow truck operators; modifying budget reduction of department of transportation construction district 1; providing cities and towns authority to collect unpaid bills for certain emergency services from nonresidents; removing sunset provision relating to determining city populations for state-aid street purposes; requiring commissioner to retain Stillwater Bridge project in transportation improvement program; requiring commissioner to prepare new signal agreement in city of Anoka; providing for resolution of dispute relating to Camp Coldwater Springs; establishing vanpool demonstration project, highway corridor-protection demonstration project, and commuter rail station working group; allowing use of trunk highway funds for certain transit operations; exempting certain federal funds from statutory matching requirements; making clarifying changes; providing for fees; appropriating money for various projects and activities; amending Minnesota Statutes 2000, sections 161.20, subdivision 2; 161.465; 168B.051, subdivisions 1a, 2; 169.35, subdivision 1; 169.86, subdivision 5; 221.0252, subdivision 3; 221.0314, by adding a subdivision; 221.0355, subdivisions 2, 3; 221.221, subdivision 4; 221.605, subdivision 1; 366.011; 366.012; Minnesota Statutes 2001 Supplement, sections 117.51; 161.162, subdivision 2; 169.825, subdivision 11; 221.221, subdivision 2; Laws 2001, First Special Session chapter 8, article 1, section 2, subdivision 7; Laws 2001, First Special Session chapter 8, article 1, section 8; Laws 2001, First Special Session chapter 8, article 2, section 6; proposing coding for new law in Minnesota Statutes, chapters 15; 168; 169; 174; 299A; repealing Minnesota Statutes 2000, section 221.0313.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7712

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

Senators Johnson, Dean; Murphy; Robling; Higgins and Belanger.

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

Patrick E. Flahaven, Secretary of the Senate

Kuisle 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. 3298. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3031, A bill for an act relating to public health; establishing the Minnesota Emergency Health Powers Act; modifying provisions for declaring national security and peacetime emergencies; providing for declaration and termination of emergencies due to bioterrorism; granting certain emergency powers; preserving certain rights of refusal; providing for the isolation and quarantine of persons; requiring a study; amending Minnesota Statutes 2000, sections 12.03, by adding subdivisions; 12.31, subdivision 2; 12.32; 13.3806, by adding a subdivision; Minnesota Statutes 2001 Supplement, section 12.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 12; 144.

Patrick E. Flahaven, Secretary of the Senate

Mulder moved that the House refuse to concur in the Senate amendments to H. F. No. 3031, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3359, A bill for an act relating to professions; modifying certain protocols for nurses; amending Minnesota Statutes 2000, sections 148.235, by adding subdivisions; 151.37, subdivision 2; Minnesota Statutes 2001 Supplement, section 148.284.

Patrick E. Flahaven, Secretary of the Senate

Abeler moved that the House refuse to concur in the Senate amendments to H. F. No. 3359, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7713

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3031:

Mulder, Jacobson and Huntley.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3270:

Goodno, Krinkie, Seagren, Abrams and Pugh.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2674:

Ozment, Holsten and Skoe.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3298:

Kuisle, Workman, Holberg, Ruth and Rukavina.

MOTIONS AND RESOLUTIONS

Penas moved that the names of Eastlund, Seifert and Erickson be added as authors on H. F. No. 2841. The motion prevailed.

Jacobson moved that his name be stricken and the name of Goodno be added as chief author on H. F. No. 3236. The motion prevailed.

Krinkie moved that his name be stricken and the name of Goodno be added as chief author on H. F. No. 3270. The motion prevailed.

FISCAL CALENDAR ANNOUNCEMENT

Pursuant to rule 1.22, Bishop announced his intention to place H. F. No. 3127 on the Fiscal Calendar for Thursday, April 4, 2002.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 8:00 a.m., Thursday, April 4, 2002. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 8:00 a.m., Thursday, April 4, 2002.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 94th Day - Wednesday, April 3, 2002 - Top of Page 7714