Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7669

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2004

 

_____________________

 

ONE HUNDRED NINTH DAY

 

Saint Paul, Minnesota, Friday, May 14, 2004

 

 

The House of Representatives convened at 11:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by the Reverend Father James N. Wilson II, St. Andrews Episcopal Church, Minneapolis, 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:

 


Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

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

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

Smith

Soderstrom

Solberg

Stang

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

Adolphson and Dill were excused.

 

Slawik was excused until 11:45 a.m. Strachan was excused until 11:55 a.m. Blaine was excused until 12:00 noon. Abeler was excused until 12:10 p.m. Beard was excused until 1:25 p.m. Lesch was excused until 2:00 p.m. Dempsey was excused until 5:10 p.m.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7670

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.

 

 

REPORTS OF CHIEF CLERK

 

S. F. No. 653 and H. F. No. 622, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Strachan moved that the rules be so far suspended that S. F. No. 653 be substituted for H. F. No. 622 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1836 and H. F. No. 1798, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Kohls moved that the rules be so far suspended that S. F. No. 1836 be substituted for H. F. No. 1798 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1866 and H. F. No. 2034, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Haas moved that the rules be so far suspended that S. F. No. 1866 be substituted for H. F. No. 2034 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2112 and H. F. No. 2581, 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. 2112 be substituted for H. F. No. 2581 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2138 and H. F. No. 2214, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Pugh moved that the rules be so far suspended that S. F. No. 2138 be substituted for H. F. No. 2214 and that the House File be indefinitely postponed. The motion prevailed.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7671

S. F. No. 2263 and H. F. No. 2479, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

DeLaForest moved that the rules be so far suspended that S. F. No. 2263 be substituted for H. F. No. 2479 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2428 and H. F. No. 2461, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

 

SUSPENSION OF RULES

 

Swenson moved that the rules be so far suspended that S. F. No. 2428 be substituted for H. F. No. 2461 and that the House File be indefinitely postponed. The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES

 

 

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

 

House Resolution No. 29, A House resolution recognizing July 26-30, 2004, as Liberian Week in Minnesota.

 

Reported the same back with the recommendation that the resolution be adopted.

 

The report was adopted.

 

 

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

 

House Resolution No. 30, A House resolution honoring Carl Eller on his induction in the National Football League Hall of Fame and contributions to the State of Minnesota.

 

Reported the same back with the recommendation that the resolution be adopted.

 

The report was adopted.

 

 

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

 

House Resolution No. 31, A House resolution recognizing the Brown v. Board of Education ruling.

 

Reported the same back with the recommendation that the resolution be adopted.

 

The report was adopted.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7672

House Resolution No. 29 was reported to the House.

 

 

HOUSE RESOLUTION NO. 29

 

A House resolution recognizing July 26-30, 2004, as Liberian Week in Minnesota.

 

 

Whereas, realizing in the mid 1970s that many Liberians were in Minnesota to pursue academic excellence, the Organization of Liberians in Minnesota (OLM) was established to enable Liberian students to come together and socialize; and

 

Whereas, demands on OLM increased as the number of students increased and in the 1980s and 1990s, demands increased remarkably when Liberians were no longer mostly students, but immigrants who had experienced one of the most brutal anarchies in human memory; and

 

Whereas, today the OLM has to formulate policies to address issues facing the 25,000 Liberians in Minnesota including immigration status, underemployment, disunity, and numerous other socio-economic issues; and

 

Whereas, despite these issues, Liberians are vibrant and resilient partners with the people of Minnesota. Compared to all other immigrant groups, Liberians are the highest providers of health and health-related services and work extremely hard to support themselves and extended family and friends in Liberia and refugee camps; and

 

Whereas, a Liberian Independence Week will highlight the historical relationship between the United States and Liberia, the vital contributions Liberians made to the United States in the past and are making to the health industry in Minnesota, and the socio-economic issues facing the majority of Liberians; Now, Therefore,

 

Be It Resolved by the House of Representatives of the State of Minnesota that it recognizes July 26-30, 2004, as Liberian Week in Minnesota.

 

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the Organization of Liberians in Minnesota.

 

 

Olsen, S., moved that House Resolution No. 29 be now adopted. The motion prevailed and House Resolution No. 29 was adopted.

 

 

The Speaker called Seifert to the Chair.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 653, 1836, 1866, 2112, 2138, 2263 and 2428 were read for the second time.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7673

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Johnson, J., introduced:

 

H. F. No. 3208, A bill for an act relating to civil actions; regulating defamation actions; providing for requests for corrections or clarifications; proposing coding for new law as Minnesota Statutes, chapter 553A.

 

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

 

 

Meslow introduced:

 

H. F. No. 3209, A bill for an act relating to property; adopting the Uniform Disclaimer of Property Interests Act; proposing coding for new law as Minnesota Statutes, chapter 524A; repealing Minnesota Statutes 2002, sections 501B.86; 525.532.

 

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

 

 

Latz introduced:

 

H. F. No. 3210, A bill for an act relating to real property; mortgages; enacting the Uniform Nonjudicial Foreclosure Act approved and recommended for enactment in all states by the National Conference of Commissioners on Uniform State Laws; proposing coding for new law as Minnesota Statutes, chapter 584.

 

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

 

 

Johnson, J.; Beard; Kahn; Simpson and Sykora introduced:

 

H. F. No. 3211, A bill for an act relating to liquor; modifying restrictions on importers of wine; prohibiting certain exclusive agreements in the sale of wine; amending Minnesota Statutes 2002, section 340A.307, subdivision 4, by adding a subdivision.

 

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

 

 

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. 2864, A bill for an act relating to food law; clarifying the basis on which food can be labeled as kosher; amending Minnesota Statutes 2002, sections 31.651, subdivision 1; 31.661.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7674

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. 1838, A bill for an act relating to traffic regulations; regulating uses of recreational vehicle combinations; authorizing motor carrier of passengers to operate articulated bus up to 61 feet in length without a permit; amending Minnesota Statutes 2002, sections 169.01, subdivision 78; 169.81, subdivision 3c, by adding a subdivision.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Cornish moved that the House concur in the Senate amendments to H. F. No. 1838 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 1838, A bill for an act relating to traffic regulations; authorizing motor carrier of passengers to operate articulated bus up to 61 feet in length without a permit; amending Minnesota Statutes 2002, section 169.81, by adding a subdivision.

 

 

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 124 yeas and 1 nay as follows:

 

Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

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

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

Smith

Soderstrom

Solberg

Stang

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7675

Those who voted in the negative were:

 


Wagenius


 

 

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

 

 

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. 2383, A bill for an act relating to natural resources; modifying the forest resources Interagency Information Cooperative; modifying the State Timber Act; modifying provisions for timber sales on tax-forfeited land; amending Minnesota Statutes 2002, sections 89A.09, subdivision 1; 90.02; 90.181, subdivision 2; 90.191, subdivision 2, by adding a subdivision; 90.252; 282.04, subdivision 1; Minnesota Statutes 2003 Supplement, sections 90.101, subdivision 1; 90.14; 90.151, subdivision 1; repealing Minnesota Statutes 2003 Supplement, section 90.191, subdivisions 3, 4.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Lindgren moved that the House concur in the Senate amendments to H. F. No. 2383 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 2383, A bill for an act relating to natural resources; providing for the disposition of certain timber sales receipts; creating a forest management investment account; modifying the forest resources Interagency Information Cooperative; modifying the State Timber Act; modifying provisions for timber sales on tax-forfeited land; appropriating money; amending Minnesota Statutes 2002, sections 84A.51, subdivision 2; 89.035; 89A.09, subdivision 1; 90.02; 90.181, subdivision 2; 90.191, subdivision 2, by adding a subdivision; 90.252; 282.04, subdivision 1; Minnesota Statutes 2003 Supplement, sections 90.101, subdivision 1; 90.14; 90.151, subdivision 1; Laws 2003, chapter 128, article 1, section 5, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 89; repealing Minnesota Statutes 2003 Supplement, section 90.191, subdivisions 3, 4.

 

 

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 122 yeas and 4 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Borrell

Boudreau

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7676

Hausman

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Huntley

Jacobson

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Kuisle

Lanning

Larson

Latz

Lenczewski

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

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:

 


Buesgens

Holberg

Howes

Krinkie


 

 

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

 

 

Severson 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. 2391, A bill for an act relating to health; modifying authority to dispense controlled substances; amending Minnesota Statutes 2002, section 152.11, subdivision 1; Minnesota Statutes 2003 Supplement, section 152.11, subdivision 2.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Bradley moved that the House concur in the Senate amendments to H. F. No. 2391 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 2391, A bill for an act relating to health; modifying authority to dispense controlled substances; requiring a proposal for a program for health care professionals prescribing legend drugs; amending Minnesota Statutes 2002, section 152.11, subdivision 1; Minnesota Statutes 2003 Supplement, section 152.11, subdivision 2.

 

 

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


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7677

The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

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

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

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


 

 

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

 

 

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. 2363, A bill for an act relating to natural resources; modifying provisions for the control of invasive and nonnative species; providing criminal penalties; requiring rulemaking; amending Minnesota Statutes 2002, sections 17.4982, subdivision 18a; 84D.01, subdivisions 6, 9, 12, 13, 15, 17, 18, by adding subdivisions; 84D.02, subdivisions 1, 3, 4, 5, 6; 84D.03; 84D.04; 84D.05; 84D.06; 84D.07; 84D.08; 84D.09, subdivision 2; 84D.10, subdivisions 1, 3; 84D.11, subdivisions 1, 2, 2a; 84D.12; 84D.13, subdivision 3; 86B.415, subdivision 7; 97C.821; Minnesota Statutes 2003 Supplement, sections 18.78, subdivision 2; 84.027, subdivision 13; 84D.14; repealing Minnesota Statutes 2002, section 84D.01, subdivisions 5, 7; Minnesota Rules, part 6216.0400, subpart 3.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

McNamara moved that the House concur in the Senate amendments to H. F. No. 2363 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 2363, A bill for an act relating to natural resources; modifying provisions for the control of invasive and nonnative species; providing criminal and civil penalties; requiring rulemaking; amending Minnesota Statutes


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7678

2002, sections 17.4982, subdivision 18a; 84D.01, subdivisions 6, 9, 12, 13, 15, 17, 18, by adding subdivisions; 84D.02, subdivisions 1, 3, 4, 5, 6; 84D.03; 84D.04; 84D.05; 84D.06; 84D.07; 84D.08; 84D.09, subdivision 2; 84D.10, subdivisions 1, 3; 84D.11, subdivisions 1, 2, 2a; 84D.12; 84D.13, subdivisions 3, 4, 5; 86B.415, subdivision 7; 97C.821; Minnesota Statutes 2003 Supplement, sections 18.78, subdivision 2; 84.027, subdivision 13; 84D.14; repealing Minnesota Statutes 2002, section 84D.01, subdivisions 5, 7; Minnesota Rules, part 6216.0400, subpart 3.

 

 

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 119 yeas and 8 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Huntley

Jaros

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Kuisle

Lanning

Larson

Latz

Lenczewski

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

Ruth

Samuelson

Seagren

Seifert

Sertich

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, B.

Buesgens

Howes

Jacobson

Krinkie

Rukavina

Vandeveer

Walz


 

 

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

 

 

Mr. Speaker:

 

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

 

S. F. No. 2429.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Osterman was excused between the hours of 12:05 p.m. and 4:55 p.m.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7679

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2429, A bill for an act relating to employment; requiring notice of intent to shift jobs out of the country; proposing coding for new law in Minnesota Statutes, chapter 181.

 

The bill was read for the first time.

 

 

The Speaker resumed the Chair.

 

 

SUSPENSION OF RULES

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Rukavina moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2429 be given its second and third readings and be placed upon its final passage.

 

 

A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

Cornish raised a point of order pursuant to rule 2.31 relating to Offensive Words in Debate. The Speaker ruled the point of order not well taken.

 

 

The Speaker called Abrams to the Chair.

 

 

The question recurred on the Rukavina motion and the roll was called. There were 61 yeas and 66 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

Dorman

Dorn

Eken

Ellison

Entenza

Fuller

Goodwin

Greiling

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Howes

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lieder

Lindgren

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rhodes

Rukavina

Sertich

Sieben

Slawik

Smith

Solberg

Thao

Thissen

Urdahl

Wagenius

Walker

Walz

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Eastlund

Erhardt

Erickson

Finstad


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7680

Gerlach

Gunther

Haas

Hackbarth

Harder

Holberg

Hoppe

Jacobson

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Lindner

Lipman

Magnus

McNamara

Meslow

Nelson, C.

Nelson, P.

Newman

Nornes

Olsen, S.

Olson, M.

Ozment

Paulsen

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Simpson

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The motion did not prevail.

 

 

S. F. No. 2429 was referred to the Committee on Commerce, Jobs and Economic Development.

 

 

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.

 

 

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Paulsen from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Supplemental Calendar for the Day for Friday, May 14, 2004:

 

H. F. Nos.  2437, 2462 and 2564; S. F. Nos. 1373, 676, 2112 and 1697; H. F. No. 2339; S. F. No. 653; and H. F. No. 2153.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 2762 was reported to the House.

 

 

Wilkin, Haas, Huntley and Solberg moved to amend H. F. No. 2762, the first engrossment, as follows:

 

Pages 1 to 5, delete sections 1 and 2 and insert:

 

"Section 1. Minnesota Statutes 2002, section 62A.65, subdivision 5, is amended to read:

 

Subd. 5. [PORTABILITY AND CONVERSION OF COVERAGE.] (a) No individual health plan may be offered, sold, issued, or with respect to children age 18 or under renewed, to a Minnesota resident that contains a preexisting condition limitation, preexisting condition exclusion, or exclusionary rider, unless the limitation or exclusion is permitted under this subdivision and under chapter 62L, provided that, except for children age 18 or under, underwriting restrictions may be retained on individual contracts that are issued without evidence of


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7681

insurability as a replacement for prior individual coverage that was sold before May 17, 1993. The individual may be subjected to an 18-month preexisting condition limitation, unless the individual has maintained continuous coverage as defined in section 62L.02. The individual must not be subjected to an exclusionary rider. An individual who has maintained continuous coverage may be subjected to a onetime preexisting condition limitation of up to 12 months, with credit for time covered under qualifying coverage as defined in section 62L.02, at the time that the individual first is covered under an individual health plan by any health carrier. Credit must be given for all qualifying coverage with respect to all preexisting conditions, regardless of whether the conditions were preexisting with respect to any previous qualifying coverage. The individual must not be subjected to an exclusionary rider. Thereafter, the individual must not be subject to any preexisting condition limitation, preexisting condition exclusion, or exclusionary rider under an individual health plan by any health carrier, except an unexpired portion of a limitation under prior coverage, so long as the individual maintains continuous coverage as defined in section 62L.02.

 

(b) A health carrier must offer an individual health plan to any individual previously covered under a group health plan issued by that health carrier, regardless of the size of the group, so long as the individual maintained continuous coverage as defined in section 62L.02. If the individual has available any continuation coverage provided under sections 62A.146; 62A.148; 62A.17, subdivisions 1 and 2; 62A.20; 62A.21; 62C.142; 62D.101; or 62D.105, or continuation coverage provided under federal law, the health carrier need not offer coverage under this paragraph until the individual has exhausted the continuation coverage. The offer must not be subject to underwriting, except as permitted under this paragraph. A health plan issued under this paragraph must be a qualified plan as defined in section 62E.02 and must not contain any preexisting condition limitation, preexisting condition exclusion, or exclusionary rider, except for any unexpired limitation or exclusion under the previous coverage. The individual health plan must cover pregnancy on the same basis as any other covered illness under the individual health plan. The offer of coverage by the health carrier must inform the individual that the coverage, including what is covered and the health care providers from whom covered care may be obtained, may not be the same as the individual's coverage under the group health plan. The offer of coverage by the health carrier must also inform the individual that the individual, if a Minnesota resident, may be eligible to obtain coverage from (i) other private sources of health coverage, or (ii) the Minnesota Comprehensive Health Association, without a preexisting condition limitation, and must provide the telephone number used by that association for enrollment purposes. The initial premium rate for the individual health plan must comply with subdivision 3. The premium rate upon renewal must comply with subdivision 2. In no event shall the premium rate exceed 100 percent of the premium charged for comparable individual coverage by the Minnesota Comprehensive Health Association, and the premium rate must be less than that amount if necessary to otherwise comply with this section. An individual health plan offered under this paragraph to a person satisfies the health carrier's obligation to offer conversion coverage under section 62E.16, with respect to that person. Coverage issued under this paragraph must provide that it cannot be canceled or nonrenewed as a result of the health carrier's subsequent decision to leave the individual, small employer, or other group market. Section 72A.20, subdivision 28, applies to this paragraph.

 

[EFFECTIVE DATE.] This section is effective January 1, 2005, and applies to conversion coverage offered on or after that date.

 

Sec. 2. Minnesota Statutes 2002, section 62E.10, subdivision 2, is amended to read:

 

Subd. 2. [BOARD OF DIRECTORS; ORGANIZATION.] The board of directors of the association shall be made up of nine eleven members as follows: five six directors selected by contributing members, subject to approval by the commissioner, one of which must be a health actuary; four five public directors selected by the commissioner, at least two of whom must be plan enrollees, two of whom must be representatives of employers whose accident and health insurance premiums are part of the association's assessment base, and one of whom must be a licensed insurance agent. At least two of the public directors must reside outside of the seven-county metropolitan area. Public members may include licensed insurance agents. In determining voting rights at members' meetings, each member shall be entitled to vote in person or proxy. The vote shall be a weighted vote


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7682

based upon the member's cost of self-insurance, accident and health insurance premium, subscriber contract charges, health maintenance contract payment, or community integrated service network payment derived from or on behalf of Minnesota residents in the previous calendar year, as determined by the commissioner. In approving directors of the board, the commissioner shall consider, among other things, whether all types of members are fairly represented. Directors selected by contributing members may be reimbursed from the money of the association for expenses incurred by them as directors, but shall not otherwise be compensated by the association for their services. The costs of conducting meetings of the association and its board of directors shall be borne by members of the association."

 

Pages 7 to 8, delete sections 5 and 6 and insert:

 

"Sec. 5. Minnesota Statutes 2002, section 62L.12, subdivision 2, is amended to read:

 

Subd. 2. [EXCEPTIONS.] (a) A health carrier may sell, issue, or renew individual conversion policies to eligible employees otherwise eligible for conversion coverage under section 62D.104 as a result of leaving a health maintenance organization's service area.

 

(b) A health carrier may sell, issue, or renew individual conversion policies to eligible employees otherwise eligible for conversion coverage as a result of the expiration of any continuation of group coverage required under sections 62A.146, 62A.17, 62A.21, 62C.142, 62D.101, and 62D.105.

 

(c) A health carrier may sell, issue, or renew conversion policies under section 62E.16 to eligible employees.

 

(d) A health carrier may sell, issue, or renew individual continuation policies to eligible employees as required.

 

(e) A health carrier may sell, issue, or renew individual health plans if the coverage is appropriate due to an unexpired preexisting condition limitation or exclusion applicable to the person under the employer's group health plan or due to the person's need for health care services not covered under the employer's group health plan.

 

(f) A health carrier may sell, issue, or renew an individual health plan, if the individual has elected to buy the individual health plan not as part of a general plan to substitute individual health plans for a group health plan nor as a result of any violation of subdivision 3 or 4.

 

(g) Nothing in this subdivision relieves a health carrier of any obligation to provide continuation or conversion coverage otherwise required under federal or state law.

 

(h) Nothing in this chapter restricts the offer, sale, issuance, or renewal of coverage issued as a supplement to Medicare under sections 62A.31 to 62A.44, or policies or contracts that supplement Medicare issued by health maintenance organizations, or those contracts governed by section 1833 or 1876 of the federal Social Security Act, United States Code, title 42, section 1395 et seq., as amended.

 

(i) Nothing in this chapter restricts the offer, sale, issuance, or renewal of individual health plans necessary to comply with a court order.

 

(j) A health carrier may offer, issue, sell, or renew an individual health plan to persons eligible for an employer group health plan, if the individual health plan is a high deductible health plan for use in connection with an existing health savings account, in compliance with the Internal Revenue Code, section 223. In that situation, the same or a different health carrier may offer, issue, sell, or renew a group health plan to cover the other eligible employees in the group.

 

[EFFECTIVE DATE.] This section is effective January 1, 2004.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7683

Sec. 6. Minnesota Statutes 2002, section 62L.12, subdivision 3, is amended to read:

 

Subd. 3. [AGENT'S LICENSURE.] An agent licensed under chapter 60K or section 62C.17 who knowingly and willfully breaks apart a small group for the purpose of selling individual health plans to eligible employees and dependents of a small employer that meets the participation and contribution requirements of section 62L.03, subdivision 3, is guilty of an unfair trade practice and subject to disciplinary action, including the revocation or suspension of license, under section 60K.43 or 62C.17. The action must be by order and subject to the notice, hearing, and appeal procedures specified in section 60K.43. The action of the commissioner is subject to judicial review as provided under chapter 14. This section does not apply to any action performed by an agent that would be permitted for a health carrier under subdivision 2.

 

[EFFECTIVE DATE.] This section is effective January 1, 2004.

 

Sec. 7. Minnesota Statutes 2002, section 62Q.01, is amended by adding a subdivision to read:

 

Subd. 4a. [HIGH DEDUCTIBLE HEALTH PLANS.] "High deductible health plans" means those health coverage plans issued by a health plan company as defined under the provisions of sections 220 and 223 of the Internal Revenue Code of 1986, and implementing regulations.

 

[EFFECTIVE DATE.] This section is effective January 1, 2004.

 

Sec. 8. [62Q.025] [PRODUCT APPROVALS.]

 

Subdivision 1. [QUALIFIED PLAN.] A high deductible health plan shall be deemed a qualified plan under sections 62E.06 and 62E.12. The plan must meet all other requirements of state law except those that are inconsistent with a high deductible health plan as defined in sections 220 and 223 of the Internal Revenue Code and supporting regulations.

 

Subd. 2. [AUTHORIZATION.] Notwithstanding any other law of this state, any health plan company defined in section 62Q.01, subdivision 4, is permitted to offer high deductible health plans.

 

[EFFECTIVE DATE.] This section is effective January 1, 2004.

 

Sec. 9. [62Q.182] [SHORT-TERM COVERAGE; APPLICABILITY.]

 

Notwithstanding section 62A.65, subdivision 3, paragraph (g), and subdivision 7, paragraph (c), short-term coverage is not subject to section 62A.021.

 

Sec. 10. Minnesota Statutes 2002, section 62T.02, is amended by adding a subdivision to read:

 

Subd. 3. [SEASONAL EMPLOYEES.] A purchasing alliance may define eligible employees to include seasonal employees. For purposes of this chapter, "seasonal employee" means an employee who is employed on a full-time basis for at least six months during the calendar year and is unemployed for no longer than four months during the calendar year. If seasonal employees are included:

 

(1) the alliance must not show bias in the selection of members based on the percentage of seasonal employees employed by an employer member;

 

(2) prior to issuance or renewal, the employer must inform the alliance that it will include seasonal employees;


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7684

(3) the employer must cover seasonal employees for the entire term of its plan year; and

 

(4) the purchasing alliance may require an employer-member contribution of at least 50 percent of the cost of employee coverage during the months the seasonal employee is unemployed.

 

Sec. 11. Minnesota Statutes 2002, section 72A.20, is amended by adding a subdivision to read:

 

Subd. 37. [ELECTRONIC TRANSMISSION OF REQUIRED INFORMATION.] A health carrier, as defined in section 62A.011, subdivision 2, is not in violation of this chapter for electronically transmitting or electronically making available information otherwise required to be delivered in writing under chapters 62A to 62Q and 72A to an enrollee as defined in section 62Q.01, subdivision 2a, and with the requirements of those chapters if the following conditions are met:

 

(1) the health carrier informs the enrollee that electronic transmission or access is available and, at the discretion of the health carrier, the enrollee is given one of the following options:

 

(i) electronic transmission or access will occur only if the enrollee affirmatively requests to the health carrier that the required information be electronically transmitted or available and a record of that request is retained by the health carrier; or

 

(ii) electronic transmission or access will automatically occur if the enrollee has not opted out of that manner of transmission by request to the health carrier and requested that the information be provided in writing. If the enrollee opts out of electronic transmission, a record of that request must be retained by the health carrier;

 

(2) the enrollee is allowed to withdraw the request at any time;

 

(3) if the information transmitted electronically contains individually identifiable data, it must be transmitted to a secured mailbox. If the information made available electronically contains individually identifiable data, it must be made available at a password-protected secured Web site;

 

(4) the enrollee is provided a customer service number on the enrollee's member card that may be called to request a written copy of the document; and

 

(5) the electronic transmission or electronic availability meets all other requirements of this chapter including, but not limited to, size of the typeface and any required time frames for distribution.

 

Sec. 12. Minnesota Statutes 2002, section 147.03, subdivision 1, is amended to read:

 

Subdivision 1. [ENDORSEMENT; RECIPROCITY.] (a) The board may issue a license to practice medicine to any person who satisfies the requirements in paragraphs (b) to (f).

 

(b) The applicant shall satisfy all the requirements established in section 147.02, subdivision 1, paragraphs (a), (b), (d), (e), and (f).

 

(c) The applicant shall:

 

(1) have passed an examination prepared and graded by the Federation of State Medical Boards, the National Board of Medical Examiners, or the United States Medical Licensing Examination program in accordance with section 147.02, subdivision 1, paragraph (c), clause (2); the National Board of Osteopathic Examiners; or the Medical Council of Canada; and


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7685

(2) have a current license from the equivalent licensing agency in another state or Canada and, if the examination in clause (1) was passed more than ten years ago, either:

 

(i) pass the Special Purpose Examination of the Federation of State Medical Boards with a score of 75 or better within three attempts; or

 

(ii) have a current certification by a specialty board of the American Board of Medical Specialties, of the American Osteopathic Association Bureau of Professional Education, or of the Royal College of Physicians and Surgeons of Canada.

 

(d) The applicant shall pay a fee established by the board by rule. The fee may not be refunded.

 

(e) The applicant must not be under license suspension or revocation by the licensing board of the state or jurisdiction in which the conduct that caused the suspension or revocation occurred.

 

(f) The applicant must not have engaged in conduct warranting disciplinary action against a licensee, or have been subject to disciplinary action other than as specified in paragraph (e). If an applicant does not satisfy the requirements stated in this paragraph, the board may issue a license only on the applicant's showing that the public will be protected through issuance of a license with conditions or limitations the board considers appropriate.

 

(g) Upon the request of an applicant, the board may conduct the final interview of the applicant by teleconference.

 

Sec. 13. [151.214] [PAYMENT DISCLOSURE.]

 

Subdivision 1. [EXPLANATION OF PHARMACY BENEFITS.] A pharmacist licensed under this chapter must provide to a patient, for each prescription dispensed where part or all of the cost of the prescription is being paid or reimbursed by an employer-sponsored plan or health plan company, or its contracted pharmacy benefit manager, the patient's co-payment amount and the usual and customary price of the prescription or the amount the pharmacy will be paid for the prescription drug by the patient's employer-sponsored plan or health plan company, or its contracted pharmacy benefit manager.

 

Subd. 2. [NO PROHIBITION ON DISCLOSURE.] No contracting agreement between an employer-sponsored health plan or health plan company, or its contracted pharmacy benefit manager, and a resident or nonresident pharmacy registered under this chapter, may prohibit the pharmacy from disclosing to patients information a pharmacy is required or given the option to provide under subdivision 1.

 

Sec. 14. Minnesota Statutes 2003 Supplement, section 256B.69, subdivision 4, is amended to read:

 

Subd. 4. [LIMITATION OF CHOICE.] (a) The commissioner shall develop criteria to determine when limitation of choice may be implemented in the experimental counties. The criteria shall ensure that all eligible individuals in the county have continuing access to the full range of medical assistance services as specified in subdivision 6.

 

(b) The commissioner shall exempt the following persons from participation in the project, in addition to those who do not meet the criteria for limitation of choice:

 

(1) persons eligible for medical assistance according to section 256B.055, subdivision 1;


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7686

(2) persons eligible for medical assistance due to blindness or disability as determined by the Social Security Administration or the state medical review team, unless:

 

(i) they are 65 years of age or older; or

 

(ii) they reside in Itasca County or they reside in a county in which the commissioner conducts a pilot project under a waiver granted pursuant to section 1115 of the Social Security Act;

 

(3) recipients who currently have private coverage through a health maintenance organization;

 

(4) recipients who are eligible for medical assistance by spending down excess income for medical expenses other than the nursing facility per diem expense;

 

(5) recipients who receive benefits under the Refugee Assistance Program, established under United States Code, title 8, section 1522(e);

 

(6) children who are both determined to be severely emotionally disturbed and receiving case management services according to section 256B.0625, subdivision 20;

 

(7) adults who are both determined to be seriously and persistently mentally ill and received case management services according to section 256B.0625, subdivision 20;

 

(8) persons eligible for medical assistance according to section 256B.057, subdivision 10; and

 

(9) persons with access to cost-effective employer-sponsored private health insurance or persons enrolled in an individual health plan determined to be cost-effective according to section 256B.0625, subdivision 15.

 

Children under age 21 who are in foster placement may enroll in the project on an elective basis. Individuals excluded under clauses (1), (6), and (7) may choose to enroll on an elective basis. The commissioner may enroll recipients in the prepaid medical assistance program for seniors who are (1) age 65 and over, and (2) eligible for medical assistance by spending down excess income.

 

(c) The commissioner may allow persons with a one-month spenddown who are otherwise eligible to enroll to voluntarily enroll or remain enrolled, if they elect to prepay their monthly spenddown to the state.

 

(d) The commissioner may require those individuals to enroll in the prepaid medical assistance program who otherwise would have been excluded under paragraph (b), clauses (1), (3), and (8), and under Minnesota Rules, part 9500.1452, subpart 2, items H, K, and L.

 

(e) Before limitation of choice is implemented, eligible individuals shall be notified and after notification, shall be allowed to choose only among demonstration providers. The commissioner may assign an individual with private coverage through a health maintenance organization, to the same health maintenance organization for medical assistance coverage, if the health maintenance organization is under contract for medical assistance in the individual's county of residence. After initially choosing a provider, the recipient is allowed to change that choice only at specified times as allowed by the commissioner. If a demonstration provider ends participation in the project for any reason, a recipient enrolled with that provider must select a new provider but may change providers without cause once more within the first 60 days after enrollment with the second provider.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7687

(f) An infant born to a woman who is eligible for and receiving medical assistance and who is enrolled in the prepaid medical assistance program shall be retroactively enrolled to the month of birth in the same managed care plan as the mother once the child is enrolled in medical assistance unless the child is determined to be excluded from enrollment in a prepaid plan under this section.

 

[EFFECTIVE DATE.] This section is effective July 1, 2004, or upon federal approval, whichever is later.

 

Sec. 15. [HOSPITAL CONSTRUCTION MORATORIUM EXEMPTION; EFFECTIVE DATE.]

 

Laws 2004, chapter 187, is effective July 1, 2004.

 

[EFFECTIVE DATE.] This section is effective July 1, 2004."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

H. F. No. 2762, A bill for an act relating to health; regulating coverages; regulating the Minnesota Comprehensive Health Association; providing for the composition of the board; authorizing an enrollee incentive for participation in a disease management program; phasing out Medicare-extended basic supplement plans; providing for high deductible plans; authorizing purchasing alliances to include seasonal employees; regulating trade practices; regulating certain health occupations and professions; requiring certain pharmacy benefit disclosures; providing an effective date for a certain hospital construction moratorium exemption; requiring a study; amending Minnesota Statutes 2002, sections 62A.65, subdivision 5; 62E.10, subdivisions 2, 10; 62L.12, subdivisions 2, 3; 62Q.01, by adding a subdivision; 62T.02, by adding a subdivision; 72A.20, by adding a subdivision; 147.03, subdivision 1; Minnesota Statutes 2003 Supplement, sections 62E.12; 256B.69, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 62Q; 151.

 

 

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 127 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dorman

Dorn

Eastlund

Eken

Ellison

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

Otremba

Otto

Ozment

Paulsen


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7688

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

H. F. No. 2678 was reported to the House.

 

 

Hackbarth moved to amend H. F. No. 2678, the third engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2003 Supplement, section 84.788, subdivision 3, is amended to read:

 

Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application for registration or continued registration must be made to the commissioner or an authorized deputy registrar of motor vehicles in a form prescribed by the commissioner. The form must state the name and address of every owner of the off-highway motorcycle.

 

(b) A person who purchases from a retail dealer an off-highway motorcycle shall make application for registration to the dealer at the point of sale. The dealer shall issue a temporary ten-day registration permit to each purchaser who applies to the dealer for registration. The dealer shall submit the completed registration applications and fees to the deputy registrar at least once each week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.

 

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, a 60-day temporary receipt and shall assign a registration number that must be affixed to the motorcycle in a manner prescribed by the commissioner according to paragraph (f). A dealer subject to paragraph (b) shall provide the registration materials and temporary receipt to the purchaser within the ten-day temporary permit period.

 

(d) The commissioner shall develop a registration system to register vehicles under this section. A deputy registrar of motor vehicles acting under section 168.33, is also a deputy registrar of off-highway motorcycles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to ensure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with the accounting and procedural requirements.

 

(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for each off-highway motorcycle registration renewal, duplicate or replacement registration card, and replacement decal and a filing fee of $7 is charged for each off-highway motorcycle registration and registration transfer issued by:

 

(1) a deputy registrar and must be deposited in the treasury of the jurisdiction where the deputy is appointed, or kept if the deputy is not a public official; or

 

(2) the commissioner and must be deposited in the state treasury and credited to the off-highway motorcycle account.

 

(f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must display a registration decal issued by the commissioner. If the motorcycle is licensed as a motor vehicle, a registration decal must be affixed on the upper left corner of the rear license plate. If the motorcycle is not licensed as a motor vehicle, the decal must be


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7689

attached on the side of the motorcycle and may be attached to the fork tube. The decal must be attached in a manner so that it is visible while a rider is on the motorcycle. The issued decals must be of a size to work within the constraints of the electronic licensing system, not to exceed three inches high and three inches wide.

 

(g) Display of a registration decal is not required for an off-highway motorcycle:

 

(1) while being operated on private property; or

 

(2) while competing in a closed-course competition event.

 

Sec. 2. Minnesota Statutes 2002, section 84.798, subdivision 1, is amended to read:

 

Subdivision 1. [GENERAL REQUIREMENTS.] Unless exempted under subdivision 2, after January 1, 1995, a person may not operate and an owner may not give permission for another to operate a vehicle off-road, nor may a person have an off-road vehicle not registered under chapter 168 in possession at an off-road vehicle staging area, or on lands administered by the commissioner on off-road vehicle designated trail trails or area areas, or on off-road vehicle grant-in-aid trails and areas funded under section 84.803, unless the vehicle has been registered under this section.

 

Sec. 3. Minnesota Statutes 2002, section 84.925, subdivision 1, is amended to read:

 

Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner shall establish a comprehensive all-terrain vehicle environmental and safety education and training program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who successfully complete the all-terrain vehicle environmental and safety education and training course.

 

(b) For the purpose of administering the program and to defray a portion of the expenses of training and certifying vehicle operators, the commissioner shall collect a fee of $15 from each person who receives the training. Fee proceeds shall be deposited in the all-terrain vehicle account in the natural resources fund. In addition to the fee established by the commissioner, instructors may charge each person up to $5 for class material and expenses.

 

(c) The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the program established under this section. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training. The commissioner shall consult with the commissioner of public safety in regard to training program subject matter and performance testing that leads to the certification of vehicle operators. By June 30, 2003, the commissioner shall incorporate a riding component in the safety education and training program.

 

Sec. 4. Minnesota Statutes 2002, section 84.9256, subdivision 1, is amended to read:

 

Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) Except for operation on public road rights-of-way that is permitted under section 84.928, a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.

 

(b) A person under 12 years of age shall not:

 

(1) make a direct crossing of a public road right-of-way;

 

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7690

(3) operate an all-terrain vehicle on public lands or waters.

 

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied on another all-terrain vehicle by a person 18 years of age or older who holds a valid driver's license.

 

(d) All-terrain vehicle safety certificates issued by the commissioner to persons 12 years old, but less than 16 years old, are not valid for machines in excess of 90cc engine capacity unless:

 

(1) the person successfully completed the safety education and training program under section 84.925, subdivision 1, including a riding component; and

 

(2) the riding component of the training was conducted using an all-terrain vehicle with over 90cc engine capacity; and

 

(3) the person is able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

 

Sec. 5. Minnesota Statutes 2002, section 84.928, subdivision 6, is amended to read:

 

Subd. 6. [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) Notwithstanding any law to the contrary, a city or town, acting through its governing body, may by resolution or ordinance prohibit the operation of all-terrain vehicles on city streets or town roads in its jurisdiction provided the regulations are otherwise consistent with sections 84.92 to 84.929.

 

(b) A county or city, or a town acting by its town board, may regulate the operation of all-terrain vehicles on public lands, waters, and property under its jurisdiction other than public road rights-of-way within its boundaries, by resolution or ordinance of the governing body and by giving appropriate notice, provided:

 

(1) the regulations must be consistent with sections 84.92 to 84.929 and rules adopted under section 84.924;

 

(2) an ordinance may not impose a fee for the use of public land or water under the jurisdiction of either the Department of Natural Resources or other agency of the state, or for the use of an access to it owned by the state or a county or a city; and

 

(3) an ordinance may not require an all-terrain vehicle operator to possess a motor vehicle driver's license while operating an all-terrain vehicle.

 

(c) Notwithstanding any law to the contrary, a county board by ordinance may allow the operation of all-terrain vehicles on the road right-of-way shoulder, or inside bank or slope of a county highway or county state-aid highway, if:

 

(1) the highway is in the agricultural zone; or

 

(2) safe operation in the ditch or outside slope is impossible, and the county posts the appropriate notice; or

 

(3) the road is designated as a minimum-maintenance road under section 160.095.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7691

Sec. 6. Laws 2003, chapter 128, article 1, section 167, subdivision 1, is amended to read:

 

Subdivision 1. [FOREST CLASSIFICATION STATUS REVIEW.] (a) By December 31, 2006, the commissioner of natural resources shall complete a review of the forest classification status of all state forests classified as managed or limited, all forest lands under the authority of the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the commissioner under Minnesota Statutes, section 282.011. The review must be conducted on a forest-by-forest and area-by-area basis in accordance with the process and criteria under Minnesota Rules, part 6100.1950. After each forest is reviewed, the commissioner must change its status to limited or closed, and must provide a similar status for each of the other areas subject to review under this section after each individual review is completed.

 

(b) If the commissioner determines on January 1, 2005, that the review required under this section cannot be completed by December 31, 2006, the completion date for the review shall be extended to December 31, 2008. By January 15, 2005, the commissioner shall report to the chairs of the legislative committees with jurisdiction over natural resources policy and finance regarding the status of the process required by this section.

 

(c) Until December 31, 2010, the state forests and areas subject to review under this section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or area has been classified as limited or closed."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Fuller moved to amend the Hackbarth amendment to H. F. No. 2678, the third engrossment, as follows:

 

Page 6, line 1, after "is" insert "unpaved or"

 

 

The motion prevailed and the amendment to the amendment was adopted.

 

 

The question recurred on the Hackbarth amendment, as amended, to H. F. No. 2678, the third engrossment. The motion prevailed and the amendment, as amended, was adopted.

 

 

H. F. No. 2678, A bill for an act relating to natural resources; modifying certain provisions for the operation of off-highway vehicles; modifying decal requirements for off-highway motorcycles; modifying all-terrain vehicle provisions; providing for certain class fees; modifying provisions for reviewing forest classification status; amending Minnesota Statutes 2002, sections 84.798, subdivision 1; 84.925, subdivision 1; 84.9256, subdivision 1; 84.928, subdivision 6; Minnesota Statutes 2003 Supplement, section 84.788, subdivision 3; Laws 2003, chapter 128, article 1, section 167, subdivision 1.

 

 

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


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7692

The question was taken on the passage of the bill and the roll was called. There were 100 yeas and 28 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

DeLaForest

Demmer

Dorman

Dorn

Eastlund

Eken

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Hilstrom

Hilty

Holberg

Howes

Huntley

Jacobson

Jaros

Johnson, J.

Juhnke

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Newman

Nornes

Olsen, S.

Olson, M.

Opatz

Otremba

Ozment

Paulsen

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Simpson

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Bernardy

Biernat

Clark

Davnie

Ellison

Entenza

Goodwin

Greiling

Hausman

Heidgerken

Hoppe

Hornstein

Johnson, S.

Kahn

Kelliher

Larson

Latz

Lenczewski

Mariani

Mullery

Otto

Paymar

Sieben

Slawik

Thao

Thissen

Wagenius

Walker


 

 

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

 

 

S. F. No. 1373 was reported to the House.

 

 

Cornish moved to amend S. F. No. 1373 as follows:

 

Page 1, delete lines 7 to 17 and insert:

 

"A person or organization that conducts a poll by telephone which references a candidate for elective office must, upon request from the person being polled, disclose:

 

(1) the person or entity that commissioned the poll; and

 

(2) whether the candidate or candidates referenced in the poll, authorized the poll."

 

 

Mariani moved to amend the Cornish amendment to S. F. No. 1373 as follows:

 

Page 1, line 5, after the comma, delete ", upon"


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7693

Page 1, line 6, delete everything before "disclose"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the amendment to the amendment and the roll was called. There were 71 yeas and 57 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Borrell

Brod

Carlson

Clark

Davnie

Dorman

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Holberg

Hornstein

Huntley

Jacobson

Jaros

Johnson, S.

Juhnke

Kelliher

Koenen

Kuisle

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Newman

Olsen, S.

Olson, M.

Opatz

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rhodes

Rukavina

Seagren

Sertich

Sieben

Slawik

Solberg

Thao

Thissen

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Wilkin


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Beard

Blaine

Boudreau

Bradley

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Lindgren

Lindner

Lipman

Magnus

McNamara

Nornes

Ozment

Paulsen

Penas

Powell

Ruth

Samuelson

Seifert

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

The motion prevailed and the amendment to the amendment was adopted.

 

 

The question recurred on the Cornish amendment, as amended, to S. F. No. 1373. The motion prevailed and the amendment, as amended, was adopted.

 

 

S. F. No. 1373, as amended, was read for the third time.

 

 

Cornish moved that S. F. No. 1373, as amended, be continued on the Calendar for the Day. The motion prevailed.

 

 

The Speaker called Abrams to the Chair.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7694

S. F. No. 1790 was reported to the House.

 

 

Lanning, Meslow, Brod and Nelson, P., moved to amend S. F. No. 1790 as follows:

 

Page 1, delete section 1

 

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 Lanning et al amendment and the roll was called. There were 66 yeas and 65 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Davids

Demmer

Dempsey

Dorman

Eastlund

Erickson

Finstad

Gerlach

Gunther

Haas

Hackbarth

Harder

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Lindner

Magnus

Meslow

Nelson, P.

Newman

Nornes

Olsen, S.

Olson, M.

Osterman

Ozment

Paulsen

Penas

Powell

Ruth

Samuelson

Seagren

Seifert

Simpson

Soderstrom

Stang

Strachan

Swenson

Sykora

Thissen

Tingelstad

Urdahl

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, B.

Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Cox

Davnie

DeLaForest

Dorn

Eken

Ellison

Entenza

Erhardt

Fuller

Goodwin

Greiling

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Huntley

Jacobson

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lipman

Mahoney

Mariani

Marquart

McNamara

Mullery

Murphy

Nelson, C.

Nelson, M.

Opatz

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rhodes

Rukavina

Sertich

Sieben

Slawik

Smith

Solberg

Thao

Vandeveer

Wagenius

Walker

Wasiluk


 

 

The motion prevailed and the amendment was adopted.

 

 

S. F. No. 1790, A bill for an act relating to local government; increasing the flexibility of local government contracting; increasing the purchasing authority of city managers in plan B cities; increasing the competitive bidding threshold for small cities; authorizing the use of reverse auction and electronic bidding and selling; amending Minnesota Statutes 2002, sections 373.01, subdivision 1; 412.691; 429.041, subdivisions 1, 2; 469.015, subdivisions 1, 3; 471.345, subdivisions 3, 4, by adding subdivisions; Minnesota Statutes 2003 Supplement, section 16C.10, subdivision 7.

 

 

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


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7695

The question was taken on the passage of the bill and the roll was called. There were 90 yeas and 41 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

Demmer

Dempsey

Dorman

Dorn

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Hausman

Hilty

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

Meslow

Nelson, C.

Nelson, M.

Nelson, P.

Newman

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otto

Ozment

Paulsen

Pelowski

Penas

Powell

Rhodes

Ruth

Samuelson

Seagren

Seifert

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Thissen

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Biernat

Carlson

Clark

Davnie

DeLaForest

Eken

Ellison

Entenza

Goodwin

Greiling

Heidgerken

Hilstrom

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Lesch

Lieder

McNamara

Mullery

Murphy

Otremba

Paymar

Peterson

Pugh

Rukavina

Sertich

Sieben

Slawik

Solberg

Thao

Wagenius

Walker

Wasiluk


 

 

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

 

 

Hornstein was excused between the hours of 5:20 p.m. and 10:30 p.m.

 

 

H. F. No. 2462 was reported to the House.

 

 

Entenza and Pugh moved to amend H. F. No. 2462 as follows:

 

Page 1, after line 7, insert:

 

"Section 1. [62A.662] [SCHOOL EMPLOYEE INSURANCE PLAN.]

 

Subdivision 1. [DEFINITIONS.] For purposes of this section:

 

(1) "eligible employee" means a person who is insurance eligible under a collective bargaining agreement or under the personnel policy of an eligible employer; and

 

(2) "eligible employer" means a school district as defined in section 120A.05; a service cooperative as defined in section 123A.21; an intermediate district as defined in section 136D.01; a cooperative center for vocational education as defined in section 123A.22; a regional management information center as defined in section 123A.23; an education unit organized under section 471.59; or a charter school organized under section 124D.10.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7696

Subd. 2. [CREATION OF BOARD.] (a) The Minnesota School Employee Insurance Board is created as a public corporation subject to the provisions of chapter 317A except as otherwise provided in this section. As provided in section 15.082, the state is not liable for obligations of this public corporation.

 

(b) The board shall create and administer the Minnesota School Employee Insurance Pool as described in this section.

 

(c) If the board does not offer coverage by December 15, 2008, the board expires and this section expires on that date.

 

Subd. 3. [BOARD OF DIRECTORS.] (a) The School Employee Insurance Board consists of:

 

(1) seven members representing exclusive representatives of eligible employees, appointed by exclusive representatives, as provided in paragraph (b); and

 

(2) seven members representing eligible employers, appointed by the Minnesota School Boards Association.

 

(b) The seven members of the board who represent statewide affiliates of exclusive representatives of eligible employees are appointed as follows: four members appointed by Education Minnesota and one member each appointed by the Service Employees International Union, the Minnesota School Employees Association, and American Federation of State, County, and Municipal Employees.

 

(c) Appointing authorities must make their initial appointments no later than August 1, 2004, by filing a notice of the appointment with the commissioner of commerce. Notices of subsequent appointments must be filed with the board. An entity entitled to appoint a board member may replace the board member at any time.

 

(d) Board members are eligible for compensation and expense reimbursement under section 15.0575, subdivision 3, to the extent of funds available.

 

(e) The board must arrange for one or more methods of dispute resolution so as to minimize the possibility of deadlocks.

 

(f) The board shall establish governance requirements, including staggered terms, term limits, quorum, a plan of operation, and audit provisions.

 

Subd. 4. [NATURE OF THE PLAN.] (a) Health coverage offered through the Minnesota School Employee Insurance Pool shall be made available by the board to all eligible employees of eligible employers, as defined in subdivision 1.

 

(b) If an eligible employer provides health coverage or money to purchase health coverage to eligible employees, the coverage must be provided or purchased only through the health plans offered by the board.

 

(c) The board must offer more than one health plan and may establish more than one tier of premium rates for any specific plan. Plans and premium rates may vary across geographic regions established by the board. The health plans must comply with chapters 62A, 62J, 62M, and 62Q, and must provide the optimal combination of coverage, cost, choice, and stability, in the judgment of the board.

 

(d) The board must include claims reserves, stabilization reserves, reinsurance, and other features that in the judgment of the board will result in long-term stability and solvency of the health plans offered.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7697

(e) The board may determine whether the health plans should be fully insured through a health carrier licensed in this state, self insured, or a combination of those two alternatives.

 

(f) The health plans must include disease management and consumer education, including wellness programs and measures encouraging the wise use of health coverage, to the extent determined to be appropriate by the board.

 

(g) The board may provide one or more separate health plans for retirees, which may be coordinated with Medicare. Those plans may be Medicare supplement plans described in section 62A.316, 62A.317, or 62A.318.

 

Subd. 5. [MCHA MEMBERSHIP AND ASSESSMENTS.] (a) The board is a contributing member of the Minnesota Comprehensive Health Association and must pay assessments made by the association on its premium revenues, as provided in section 62E.11, subdivision 5, paragraph (b).

 

(b) In making the allocation of losses provided in paragraph (a), the association's assessment against the Minnesota School Employee Insurance Board must equal the product of (1) the percentage of premiums assessed against other association members; (2) .3885; and (3) premiums received by the Minnesota School Employee Insurance Board. For purposes of this calculation, premiums of the board used must be net of rate credits and retroactive rate refunds on the same basis as the premiums of other association members.

 

Subd. 6. [REPORT.] The board shall report to the legislature by January 15, 2006, on a final design for the pool that complies with subdivision 4 and on governance requirements for the board, including staggered terms, term limits, quorum, and a plan of operation and audit provisions. The report must include any legislative changes necessary to ensure conformance with chapters 62A, 62J, 62M, and 62Q.

 

Subd. 7. [PERIODIC EVALUATION.] (a) Beginning January 15, 2007, and for the next two years, the board must submit an annual report to the commissioner of commerce and the legislature, in compliance with sections 3.195 and 3.197, summarizing and evaluating the performance of the pool during the previous year of operation.

 

(b) Beginning in 2010 and in each even-numbered year thereafter, the board must submit to the legislature a biennial report summarizing and evaluating the performance of the pool during the preceding two fiscal years.

 

Subd. 8. [BOARD ACTIVITY DEPENDENT ON FUNDING.] The board shall perform its responsibilities to the extent permitted by available appropriations, donations, loans, and other sources of funding available to the board."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

Haas moved that H. F. No. 2462 be continued on the Calendar for the Day. The motion prevailed.

 

 

H. F. No. 2339 was reported to the House.

 

 

Smith moved that H. F. No. 2339 be temporarily laid over on the Calendar for the Day. The motion prevailed.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7698

S. F. No. 1697 was reported to the House.

 

 

Rukavina moved that S. F. No. 1697 be temporarily laid over on the Calendar for the Day. The motion prevailed.

 

 

Tingelstad was excused between the hours of 5:35 p.m. and 8:30 p.m.

 

 

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

 

 

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.

 

 

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

 

S. F. No. 2177, A bill for an act relating to metropolitan government; clarifying the authority of municipalities' subdivision regulations; modifying the method for determining each municipality's affordable and life-cycle housing opportunities amount; modifying the basis on which nonparticipating municipalities may elect to participate; making conforming changes; amending Minnesota Statutes 2002, sections 462.358, subdivision 11; 473.254, subdivisions 2, 3, 4, 6, 7, 8, by adding a subdivision.

 

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

 

Senators Higgins, Dibble and Senjem.

 

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


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7699

Abrams 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. 2177. 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. 1790, A bill for an act relating to local government; increasing the flexibility of local government contracting; increasing the purchasing authority of city managers in plan B cities; increasing the competitive bidding threshold for small cities; authorizing the use of reverse auction and electronic bidding and selling; amending Minnesota Statutes 2002, sections 373.01, subdivision 1; 412.691; 429.041, subdivisions 1, 2; 469.015, subdivisions 1, 3; 471.345, subdivisions 3, 4, by adding subdivisions; Minnesota Statutes 2003 Supplement, section 16C.10, subdivision 7.

 

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

 

Senators Dibble, Wiger 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

 

 

Lanning 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. 1790. 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. 2274, A bill for an act relating to zoning; providing certain limitations on municipal interim ordinances; amending Minnesota Statutes 2002, section 462.355, subdivision 4.

 

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

 

Senators Vickerman, Scheid and Tomassoni.

 

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

 

 

Buesgens 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. 2274. The motion prevailed.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7700

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. 532, A bill for an act relating to highways; modifying provisions governing use of highway right‑of‑way by snowmobiles; amending Minnesota Statutes 2002, section 84.87, subdivision 1.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Howes moved that the House concur in the Senate amendments to H. F. No. 532 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 532, A bill for an act relating to highways; allowing two-way operation of snowmobiles on either side of highway right-of-way when authorized by commissioner of transportation; amending Minnesota Statutes 2002, section 84.87, 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 130 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

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

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


 

 

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


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7701

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. 2078, A bill for an act relating to public transit; clarifying railroad grade crossing requirements; clarifying crimes involving public transit; providing penalties; amending Minnesota Statutes 2002, section 609.855, subdivision 1, by adding a subdivision; Minnesota Statutes 2003 Supplement, section 169.28, subdivision 1.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Holberg moved that the House concur in the Senate amendments to H. F. No. 2078 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 2078, A bill for an act relating to public transit; clarifying railroad grade crossing requirements; authorizing regulation of light rail transit warning signals; clarifying crimes involving public transit; providing penalties; amending Minnesota Statutes 2002, section 609.855, subdivision 1, by adding a subdivision; Minnesota Statutes 2003 Supplement, section 169.28, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 473.

 

 

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 124 yeas and 4 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, I.

Anderson, J.

Atkins

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

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

Kuisle

Lanning

Larson

Latz

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.

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

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



Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7702

Those who voted in the negative were:

 


Anderson, B.

Buesgens

Erickson

Krinkie


 

 

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

 

 

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. 606, A bill for an act relating to health; modifying prior authorization requirements for health care services; establishing requirements for provider contracting; modifying provisions for payment of claims; amending Minnesota Statutes 2002, sections 62M.07; 62Q.74; 62Q.75, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2002, section 62Q.745.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Smith moved that the House concur in the Senate amendments to H. F. No. 606 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 606, A bill for an act relating to health; modifying prior authorization requirements for health care services; establishing requirements for provider contracting; modifying provisions for payment of claims; amending Minnesota Statutes 2002, sections 62M.07; 62Q.74; 62Q.75, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2002, section 62Q.745.

 

 

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 125 yeas and 3 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

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

Klinzing

Knoblach

Koenen

Kohls

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7703

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

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Buesgens

Krinkie

Wilkin


 

 

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

 

 

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. 2246, A bill for an act relating to health; modifying the nursing facility survey process; establishing a quality improvement program; requiring annual quality improvement reports; requiring the commissioner of health to seek federal waivers and approvals; amending Minnesota Statutes 2002, sections 144A.10, subdivision 1a, by adding a subdivision; 256.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144A.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Samuelson moved that the House concur in the Senate amendments to H. F. No. 2246 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 2246, A bill for an act relating to health; modifying the nursing facility survey process; establishing a quality improvement program; requiring annual quality improvement reports; requiring the commissioner of health to seek federal waivers and approvals; amending Minnesota Statutes 2002, sections 144A.10, subdivision 1a, by adding a subdivision; 256.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144A.

 

 

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 128 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7704

Davnie

DeLaForest

Demmer

Dempsey

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

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

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


 

 

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

 

 

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. 2040, A bill for an act relating to water; modifying provisions relating to warrantied sewage treatment systems; creating a certification program for new wastewater treatment technology; appropriating money; amending Minnesota Statutes 2002, section 115.55, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 115; repealing Minnesota Statutes 2002, section 115.55, subdivision 10.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Olson, M., moved that the House concur in the Senate amendments to H. F. No. 2040 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 2040, A bill for an act relating to water; modifying provisions relating to warrantied sewage treatment systems; creating a certification program for new wastewater treatment technology; appropriating money; amending Minnesota Statutes 2002, section 115.55, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 115.

 

 

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


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7705

The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 2 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Anderson, J.

Beard

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

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

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

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:

 


Buesgens

Krinkie


 

 

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

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1790:

 

Lanning, Meslow and Thissen.

 

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2177:

 

Abrams, Buesgens and Vandeveer.

 

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2274:

 

Buesgens, Abrams and Kuisle.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7706

CALENDAR FOR THE DAY

 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

Nelson, P., moved that the name of Kohls be added as an author on H. F. No. 2819. The motion prevailed.

 

Seifert moved that the name of Peterson be added as an author on H. F. No. 3202. The motion prevailed.

 

 

Anderson, I., moved that S. F. No. 2429 be recalled from the Committee on Commerce, Jobs and Economic Development.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Anderson, I., motion and the roll was called. There were 54 yeas and 75 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Anderson, J.

Bernardy

Carlson

Clark

Davnie

Dorman

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rhodes

Rukavina

Sertich

Sieben

Slawik

Smith

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

Davids

DeLaForest

Demmer

Dempsey

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Klinzing

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

Ruth

Samuelson

Seagren

Seifert

Simpson

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The motion did not prevail.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7707

Jaros and Thissen were excused for the remainder of today's session.

 

 

Paulsen moved that the complaint relating to Representative Gregory Davids of District 31B, which was referred to the Committee on Ethics by the Speaker pursuant to rule 6.10, be recalled for immediate consideration by the House.

 

 

A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

Entenza raised a point of order pursuant to rule 6.10 relating to the Committee on Ethics. The Speaker ruled the point of order not well taken.

 

 

Entenza appealed the decision of the Speaker.

 

 

A roll call was requested and properly seconded.

 

 

LAY ON THE TABLE

 

Seifert moved to lay the Entenza appeal of the decision of the Speaker on the table.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Seifert motion and the roll was called.

 

 

Pursuant to rule 2.05, the Speaker excused Davids from voting on the Seifert motion.

 

 

There were 77 yeas and 48 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, J.

Beard

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Cornish

Cox

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Erhardt

Erickson

Finstad

Fuller

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Klinzing

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

Ruth

Samuelson

Seagren

Seifert

Simpson

Smith

Soderstrom

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum



Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7708

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dorn

Eken

Ellison

Entenza

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Lieder

Mahoney

Mariani

Marquart

Mullery

Murphy

Nelson, M.

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rhodes

Rukavina

Sieben

Slawik

Solberg

Thao

Wagenius

Walker

Wasiluk


 

 

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

 

 

Lindgren and Zellers were excused for the remainder of today's session.

 

 

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

Anderson, B.

Anderson, J.

Atkins

Bernardy

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Clark

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hornstein

Howes

Huntley

Jacobson

Johnson, J.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindner

Lipman

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

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

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Wilkin

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.

 

 

Lesch and Hausman withdrew the complaint relating to Representative Gregory Davids of District 31B which had been referred by the Speaker to the Committee on Ethics.

 

 

CALL OF THE HOUSE LIFTED

 

Paulsen moved that the call of the House be suspended. The motion prevailed and it was so ordered.


Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7709

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 11:30 a.m., Saturday, May 15, 2004. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:30 a.m., Saturday, May 15, 2004.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives



Journal of the House - 109th Day - Friday, May 14, 2004 - Top of Page 7710