STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
NINETY-NINTH DAY
Saint Paul, Minnesota, Thursday, April 29,
2004
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 Sandy Johnson, First United
Church of Christ, Northfield, 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
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Clark was excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Nornes moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 806 and H. F. No. 890,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Smith moved that the rules be so far suspended that
S. F. No. 806 be substituted for H. F. No. 890
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2134 and
H. F. No. 2274, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Bradley moved that the rules be so far suspended that
S. F. No. 2134 be substituted for H. F. No. 2274
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2177 and
H. F. No. 2448, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Abrams moved that the rules be so far suspended that
S. F. No. 2177 be substituted for H. F. No. 2448
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2365 and
H. F. No. 2537, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Boudreau moved that the rules be so far suspended that
S. F. No. 2365 be substituted for H. F. No. 2537
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2004 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2004 |
Date Filed 2004 |
2626 160 4:30
p.m. April 22 April
23
2903 161 5:30
p.m. April 22 April
23
Sincerely,
Mary
Kiffmeyer
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
26, 2004
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Sviggum:
It is my honor to inform you that I have received, approved,
signed, and deposited in the Office of the Secretary of State the following
House Files:
H. F. No. 1983, relating to commerce; enacting
the revisions to the general provisions of the Uniform Commercial Code and
enacting a revised Article 7 of the Uniform Commercial Code recommended by the
National Conference of Commissioners on Uniform State Laws; making conforming
changes; amending provisions in Articles 3 and 4 of the Uniform Commercial Code
relating to warranties on remotely created items.
H. F. No. 995, relating to utilities; modifying
notice and plan requirements before excavating around utility facilities;
making technical and clarifying changes.
H. F. No. 1944, relating to domestic abuse;
providing another ground for extending an order for protection.
H. F. No. 2906, relating to local government;
increasing the efficiency of payroll processing; authorizing the use of
electronic time recording systems.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2004 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2004 |
Date Filed 2004 |
1983 162 3:30
p.m. April 26 April
26
995 163 3:00
p.m. April 26 April
26
1944 164 3:05
p.m. April 26 April
26
2906 165 3:10
p.m. April 26 April
26
2609 166 2:50
p.m. April 26 April
26
Sincerely,
Mary
Kiffmeyer
Secretary
of State
SECOND READING OF SENATE BILLS
S. F. Nos. 806, 2134, 2177 and 2365 were read for the second
time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Cox and Nelson, P., introduced:
H. F. No. 3188, A bill for an act relating to natural
resources; adding soil and water conservation districts to the definition of
special taxing district; amending Minnesota Statutes 2002, section 103C.331,
subdivision 16; Minnesota Statutes 2003 Supplement, section 275.066; proposing
coding for new law in Minnesota Statutes, chapter 103C.
The bill was read for the first time and referred to the
Committee on Taxes.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
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. 1645, A bill for an act relating to museums and
archives repositories; regulating loans to and abandoned property of museums
and archives repositories; providing a process for establishing ownership of
property loaned to museums and archives repositories; proposing coding for new
law in Minnesota Statutes, chapter 345.
Patrick E. Flahaven, Secretary of the Senate
Urdahl moved that the House refuse to
concur in the Senate amendments to H. F. No. 1645, 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.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 2991.
H. F. No. 2991 was reported to the House.
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
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dill
Dorman
Dorn
Eastlund
Eken
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Stang
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
Sieben; Hilty; Paymar; Murphy; Johnson, S.; Entenza; Walker and
Smith moved to amend H. F. No. 2991, the second engrossment, as follows:
Page 19, line 30, after the semicolon insert "and"
Page 19, delete lines 31 to 36
Page 19, line 37, delete "(5)" and insert
"(4)"
A roll call was requested and properly seconded.
The question was taken on the Sieben et al amendment and the
roll was called.
Paulsen moved that those not voting be excused from
voting. The motion prevailed.
There were 65 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Boudreau
Carlson
Cornish
Davnie
Dill
Dorn
Eken
Entenza
Erhardt
Goodwin
Greiling
Gunther
Hackbarth
Hausman
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Meslow
Mullery
Murphy
Nelson, M.
Nornes
Opatz
Otremba
Otto
Ozment
Paymar
Pelowski
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Smith
Solberg
Swenson
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abrams
Adolphson
Anderson, B.
Beard
Blaine
Borrell
Bradley
Brod
Buesgens
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erickson
Finstad
Fuller
Gerlach
Haas
Harder
Heidgerken
Holberg
Hoppe
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Nelson, C.
Nelson, P.
Newman
Olsen, S.
Olson, M.
Osterman
Paulsen
Penas
Peterson
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Soderstrom
Stang
Strachan
Sykora
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
The Speaker called Abrams to the Chair.
CALL
OF THE HOUSE LIFTED
Mullery moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Vandeveer, Otto, Hackbarth and Mariani moved to amend H. F. No.
2991, the second engrossment, as follows:
Page 16, after line 44, insert:
"Subd. 8. Tolls
Prohibited
A
road authority may not impose a toll or similar charge on any highway, street,
or bridge constructed or reconstructed in whole or in part with funds
appropriated under this section. No
funds appropriated under this section may be used for planning, design, land
acquisition, construction, or operation of a toll facility."
A roll call was requested and properly seconded.
The question was taken on the Vandeveer et al amendment and the
roll was called. There were 60 yeas and
72 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Bernardy
Biernat
Buesgens
Carlson
Davnie
Dill
Dorn
Eken
Entenza
Goodwin
Greiling
Hackbarth
Hausman
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Smith
Solberg
Swenson
Thao
Vandeveer
Wagenius
Walker
Walz
Wasiluk
Those who voted in the negative were:
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Harder
Heidgerken
Holberg
Hoppe
Johnson, J.
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Soderstrom
Stang
Strachan
Sykora
Thissen
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Rukavina moved to amend H. F. No. 2991, the second engrossment,
as follows:
Page 29, after line 3, insert:
"Sec. 33.
Minnesota Statutes 2002, section 16A.661, is amended by adding a
subdivision to read:
Subd. 5a.
[BUDGET RESERVE AND CASH FLOW ACCOUNT TO REDUCE LEVY.] Prior to the
state auditor making a levy under subdivision 5, the commissioner of finance
must use any amounts in the budget reserve and the cash flow account under
section 16A.152 to pay principal and interest on bonds. Amounts in the budget reserve and cash flow
account are appropriated for that purpose.
Sec. 34. Minnesota
Statutes 2002, section 16A.662, is amended by adding a subdivision to read:
Subd. 7a.
[BUDGET RESERVE AND CASH FLOW ACCOUNT TO REDUCE LEVY.] Prior to the
state auditor making a levy under subdivision 7, the commissioner of finance
must use any amounts in the budget reserve and the cash flow account under
section 16A.152 to pay principal and interest on bonds. Amounts in the budget reserve and cash flow
account are appropriated for that purpose."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Rukavina amendment and the roll
was called. There were 132 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Beard
The motion prevailed and the amendment was adopted.
Lanning, Hilstrom, Kahn, Westerberg, Lesch, Demmer, Mahoney,
Atkins, Slawik, Meslow, Pugh, Sieben, Abeler, Sertich and Penas moved to amend
H. F. No. 2991, the second engrossment, as amended, as follows:
Pages 29 and 30, delete sections 34 and 35
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
The Speaker called Olson, M., to the Chair.
H. F. No. 2991, as amended, was again reported to the House.
CALL
OF THE HOUSE
On the motion of Buesgens and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
Tingelstad, Knoblach, Hausman, Bernardy, Goodwin and Rhodes
moved to amend H. F. No. 2991, the second engrossment, as amended, as follows:
Page 3, line 13, delete "38,000,000" and insert
"25,521,000"
Page 5, line 5, delete "49,000,000" and insert
"36,521,000"
Pages 15 and 16, delete subdivision 6
Page 16, after line 44, insert:
"Subd. 8.
Northstar Commuter Rail
37,500,000
For
final design and project management of a commuter rail line serving Big Lake to
downtown Minneapolis; to acquire land for stations, maintenance facilities, and
park and ride lots; and for final design and project management of an extension
of the Hiawatha Light Rail Transit line from its terminus in downtown
Minneapolis to a new terminus near Fifth Avenue North adjacent to the proposed
downtown Minneapolis commuter rail station.
This
appropriation is not available until $37,500,000 has been committed by local
governments and approval to proceed to final design has been authorized by the
Federal Transit Administration.
Up
to $10,000,000 of this appropriation may be used for final design and project
management.
After
a full-funding grant agreement has been executed with the Federal Transit
Administration for the Northstar Commuter Rail project, the remaining balance
of this appropriation not committed for final design and project management or
committed to acquire land shall be available to construct, furnish, and equip
the Northstar Commuter Rail line and to construct, furnish, and equip the
extension of the Light Rail Transit line."
Pages 22 and 23, delete subdivision 7
Page 23, delete subdivision 13
Pages 23 and 24, delete subdivision 14
Page 25, delete subdivisions 22 and 23
Page 26, delete subdivisions 25 and 26
Adjust amounts accordingly
Renumber or reletter in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Tingelstad et al amendment and
the roll was called. There were 55 yeas
and 78 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Beard
Bernardy
Biernat
Blaine
Boudreau
Cox
Davnie
Dorman
Ellison
Entenza
Erhardt
Goodwin
Greiling
Gunther
Haas
Hackbarth
Hausman
Hilstrom
Hornstein
Johnson, S.
Kahn
Kelliher
Knoblach
Larson
Latz
Lesch
Lieder
Mariani
McNamara
Mullery
Nelson, M.
Olsen, S.
Opatz
Osterman
Ozment
Paymar
Pugh
Rhodes
Samuelson
Seagren
Severson
Sieben
Slawik
Swenson
Sykora
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Westerberg
Spk. Sviggum
Those who voted in the negative were:
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Borrell
Bradley
Brod
Buesgens
Carlson
Cornish
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Harder
Heidgerken
Hilty
Holberg
Hoppe
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Juhnke
Klinzing
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Mahoney
Marquart
Meslow
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olson, M.
Otremba
Otto
Paulsen
Pelowski
Penas
Peterson
Powell
Rukavina
Ruth
Seifert
Sertich
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Urdahl
Vandeveer
Walz
Wardlow
Westrom
Wilkin
Zellers
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Carlson, Hausman, Goodwin and Bernardy moved to amend H. F. No.
2991, the second engrossment, as amended, as follows:
Page 47, after line 19, insert:
"Sec. 67.
[NORTHSTAR COMMUTER RAIL; APPROPRIATION AFTER FISCAL YEAR 2005.]
$37,500,000 is appropriated from the bond proceeds fund to
the commissioner of transportation for final design and project management of a
commuter rail line serving Big Lake to downtown Minneapolis; to acquire land
for stations, maintenance facilities, and park and ride lots; and for final
design and project management of an extension of the Hiawatha Light Rail
Transit line from its terminus in downtown Minneapolis to a new terminus near
Fifth Avenue North adjacent to the proposed downtown Minneapolis commuter rail
station.
This appropriation is not available until $37,500,000 has
been committed by local governments and approval to proceed to final design has
been authorized by the Federal Transit Administration.
Up to $10,000,000 of this appropriation may be used for
final design and project management.
After a full-funding grant agreement has been executed with
the Federal Transit Administration for the Northstar Commuter Rail project, the
remaining balance of this appropriation not committed for final design and
project management or committed to acquire land shall be available to
construct, furnish, and equip the Northstar Commuter Rail line and to
construct, furnish, and equip the extension of the Light Rail Transit line.
To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of finance shall sell and issue bonds of
the state after June 30, 2005, in an amount up to $37,500,000 in the manner, on
the terms, and with the effect prescribed by Minnesota Statutes, sections
16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4
to 7."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
POINT
OF ORDER
Olson, M., raised a point of order pursuant to rule 4.03,
relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure
and Revenue Bills, that the Carlson et al amendment was not in order. The Speaker ruled the point of order not
well taken and the Carlson et al amendment in order.
POINT
OF ORDER
Olson, M., raised a point of order pursuant to rule 3.21 that
the Carlson et al amendment was not in order.
The Speaker ruled the point of order not well taken and the Carlson et
al amendment in order.
POINT
OF ORDER
Buesgens raised a point of order pursuant to section 13,
paragraph 5, of "Mason's Manual of Legislative Procedure," relating
to The Right to Change Rules, that the Carlson et al amendment was not in
order. The Speaker ruled the point of
order not well taken and the Carlson et al amendment in order.
The question recurred on the Carlson et al amendment and the
roll was called. There were 58 yeas and
75 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Bernardy
Biernat
Blaine
Carlson
Davnie
Dill
Dorman
Dorn
Ellison
Entenza
Goodwin
Greiling
Hackbarth
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Larson
Latz
Lesch
Lieder
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pugh
Rhodes
Rukavina
Samuelson
Seagren
Sertich
Severson
Sieben
Slawik
Solberg
Sykora
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Westerberg
Those who
voted in the negative were:
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Harder
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Ruth
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Urdahl
Vandeveer
Walz
Wardlow
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
H. F. No. 2991, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other public improvements of a capital nature with certain
conditions; making adjustments to previous bond authorizations; authorizing
sale of state bonds; canceling an earlier appropriation and appropriating
money; amending Minnesota Statutes 2002, sections 16A.661, by adding a
subdivision; 16A.662, by adding a subdivision; 16A.671, subdivision 3; 16A.695,
subdivision 3; 41B.03, subdivision 3; 41B.039, subdivision 2; 41B.04,
subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b, by adding a
subdivision; 41B.045, subdivision 2; 41B.046, subdivision 5; 41C.02,
subdivision 12; 116J.571; 116J.572, subdivision 2; 116J.573, subdivisions 1, 2,
4, 5; 116J.575, subdivision 1; 116P.08, subdivision 2; 136F.60, by adding a
subdivision; 446A.12, subdivision 1; 446A.14; 446A.17; 446A.19; Laws 1998,
chapter 404, section 23, subdivision 17, as amended; Laws 2002, chapter 393,
section 19, subdivision 2; Laws 2003, First Special Session chapter 20, article
1, section 15; proposing coding for new law in Minnesota Statutes, chapter 16A;
repealing Minnesota Statutes 2002, section 16B.325.
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.
Pursuant to rule 2.05, the
Speaker excused Holberg from voting on the final passage of H. F. No. 2991, as
amended.
There
were 102 yeas and 30 nays as follows:
Those who
voted in the affirmative were:
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Hausman
Hilty
Hoppe
Howes
Huntley
Jaros
Johnson, J.
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Larson
Latz
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Otremba
Otto
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Urdahl
Vandeveer
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Abeler
Anderson, I.
Bernardy
Biernat
Buesgens
Davnie
Dorman
Entenza
Erhardt
Goodwin
Greiling
Heidgerken
Hilstrom
Hornstein
Jacobson
Johnson, S.
Juhnke
Kahn
Lanning
Lesch
Mahoney
Mariani
Marquart
Osterman
Paymar
Thao
Thissen
Tingelstad
Wagenius
Walker
The bill was passed, as amended, and its
title agreed to.
CALENDAR FOR THE DAY
Paulsen moved that the Calendar for the Day be continued. The motion prevailed.
MOTIONS AND
RESOLUTIONS
Boudreau moved that the names of Erickson, Soderstrom,
Buesgens, Severson, Klinzing, Finstad and Samuelson be added as authors on House Resolution No. 24. 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. 1645:
Urdahl, Gunther and Hilstrom.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 3:00 p.m., Monday, May 3, 2004.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 3:00 p.m., Monday, May 3, 2004.
Edward
A. Burdick,
Chief Clerk, House of Representatives