Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 259

 

STATE OF MINNESOTA

 

 

EIGHTY-THIRD SESSION - 2003

 

_____________________

 

SEVENTEENTH DAY

 

Saint Paul, Minnesota, Monday, February 17, 2003

 

 

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by the Reverend Robert Bartlett, First Presbyterian Churches of Brewster and Round Lake, Minnesota.

 

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

 

Speaker Sviggum introduced the new House member, Representative Rebecca Otto, from District 52B, and announced that she had previously been administered the oath of office and that her election certificate was on file. She was elected in a special election held on Tuesday, February 11, 2003 to replace Mark Holsten whose resignation was effective on Friday, January 17, 2003.

 

The roll was called and the following members were present:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Johnson, J.

Johnson, S.

Juhnke

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum

 


 

A quorum was present.

 

Beard, Clark, Jaros, Kahn and Mariani were excused.


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The Chief Clerk proceeded to read the Journal of the preceding day. Cornish 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 STANDING COMMITTEES

 

 

Sykora from the Committee on Education Policy to which was referred:

 

H. F. No. 6, A bill for an act relating to education; requiring recitation of the pledge of allegiance in all public schools; providing for instruction in the proper etiquette, display, and respect of the United States flag; amending Minnesota Statutes 2002, sections 121A.11, by adding subdivisions; 124D.10, subdivision 8.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2002, section 121A.11, is amended by adding a subdivision to read:

 

Subd. 3. [PLEDGE OF ALLEGIANCE.] (a) All public and charter school students shall recite the pledge of allegiance to the flag of the United States of America one or more times each week. The recitation shall be conducted:

 

(1) by each individual classroom teacher or the teacher's surrogate; or

 

(2) over a school intercom system by a person designated by the school principal or other person having administrative control over the school.

 

A local school board or a charter school board of directors annually, by majority vote, may waive this requirement.

 

(b) Any student or teacher who objects to reciting the pledge must be excused from participating without penalty.

 

(c) A local school board or a charter school board of directors that waives the requirement to recite the pledge of allegiance under paragraph (a) may adopt a district or school policy regarding the reciting of the pledge of allegiance.

 

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

 

Sec. 2. Minnesota Statutes 2002, section 121A.11, is amended by adding a subdivision to read:

 

Subd. 4. [INSTRUCTION.] Unless this requirement is waived annually by a majority vote of the school board, a school district must instruct students in the proper etiquette toward, correct display of, and respect for the flag, and in patriotic exercises. The instruction is recommended to be part of the district's fifth grade social studies curriculum.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment. Each school district must begin the instruction required under this section no later than the 2004-2005 school year.

 

Sec. 3. Minnesota Statutes 2002, section 124D.10, subdivision 8, is amended to read:

 

Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter school shall meet all applicable state and local health and safety requirements.


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(b) A school sponsored by a school board may be located in any district, unless the school board of the district of the proposed location disapproves by written resolution.

 

(c) A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or a religious institution.

 

(d) Charter schools must not be used as a method of providing education or generating revenue for students who are being home-schooled.

 

(e) The primary focus of a charter school must be to provide a comprehensive program of instruction for at least one grade or age group from five through 18 years of age. Instruction may be provided to people younger than five years and older than 18 years of age.

 

(f) A charter school may not charge tuition.

 

(g) A charter school is subject to and must comply with chapter 363 and section 121A.04.

 

(h) A charter school is subject to and must comply with the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 123B.34 to 123B.39.

 

(i) A charter school is subject to the same financial audits, audit procedures, and audit requirements as a district. Audits must be conducted in compliance with generally accepted governmental auditing standards, the Federal Single Audit Act, if applicable, and section 6.65. A charter school is subject to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must comply with the requirements of sections 123B.75 to 123B.83, except to the extent deviations are necessary because of the program at the school. Deviations must be approved by the commissioner. The department of children, families, and learning, state auditor, or legislative auditor may conduct financial, program, or compliance audits. A charter school determined to be in statutory operating debt under sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

 

(j) A charter school is a district for the purposes of tort liability under chapter 466.

 

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

 

(l) A charter school is subject to the pledge of allegiance requirement under section 121A.11, subdivision 3.

 

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

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


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Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

 

H. F. No. 67, A bill for an act relating to elections; city elections; providing for the election of certain council members elected by ward after reapportionment; amending Minnesota Statutes 2002, section 205.84, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 18, after "city" insert "of the first class"

 

Amend the title as follows:

 

Page 1, line 2, after the second "elections" insert "in cities of the first class"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

 

The report was adopted.

 

 

Holberg from the Committee on Civil Law to which was referred:

 

H. F. No. 112, A bill for an act relating to real property; making various technical, clarifying, and conforming changes relating to registration of title, liens, and mortgages; amending Minnesota Statutes 2002, sections 481.13, subdivision 3; 508.08; 508.35; 508.52; 508.67, subdivision 1; 508.70, subdivisions 1, 2, by adding subdivisions; 559.17, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 507.

 

Reported the same back with the following amendments:

 

Page 9, after line 22, insert:

 

"Sec. 9. Minnesota Statutes 2002, section 508A.08, is amended to read:

 

508A.08 [APPLICATION; CONTENTS LAND INCLUDED.]

 

Subdivision 1. [ADJACENT LAND SEPARATE TRACTS; COMMON OWNER.] Any number of adjoining tracts of land in the same county and owned by the same person and in the same right, or any number of tracts of land in the same county having the same chain of title, and belonging to the same person may be included in one application. When approved by the examiner of titles, nonadjoining tracts of land owned by the same person or persons in the same right having different chains of title may be included in one application.

 

Subd. 2. [ADJACENT LAND; DIFFERENT OWNERS.] When approved by the examiner of titles, Owners of two or more adjacent separate tracts of land in the same county may join in one application to register the title to their individual tracts. The application must list separately all of the information required by section 508A.06 for the owner or owners of each of the tracts included in the application.


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 263

Sec. 10. Minnesota Statutes 2002, section 508A.35, is amended to read:

 

508A.35 [FORMS OF CPT.]

 

The CPT shall contain the name and residence of the owner, a description of the land and of the estate of the owner, and shall by memorial contain a description of all encumbrances, liens, and interests to which the estate of the owner is subject. It shall state whether the owner is 18 years of age or older and if under any legal incapacity, the nature of it. It shall also state whether or not the owner is married and if married, the name of the spouse. In case the land is held in trust or subject to any condition or limitation, it shall state the nature and character of it. It shall be in substantially the following form:

 

CERTIFICATE OF POSSESSORY TITLE (CPT)

 

First Certificate of Possessory Title, pursuant to the Directive of the Examiner of Titles, County of . . . . . ., and State of Minnesota, date . . . . . . . . . , . . .

 

Registration of Possessory Title

 

State of Minnesota )

)ss

County of . . . . . . . . . . . . . .)

 

This is to certify that . . . . . . . . . . . . , of the whose address is . . . . . . . . . in the . . . . . . of . . . . . . . . County of . . . . . . ., and State of . . . . . . . . . . . , is now the owner of a fee simple estate of and in the following described land situation situated in the county of . . . . and state of Minnesota, . . . . . . . . . . . . . . . . . . . . Subject to the encumbrances, liens, and interests noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, namely:

 

(1) Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record;

 

(2) Any real property tax or special assessment;

 

(3) Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;

 

(4) All rights in public highways upon the land;

 

(5) The rights of any person in possession under deed or contract for deed from the owner of the CPT;

 

(6) Any claims that may be made pursuant to section 508A.17 within five years from the date of the first CPT; and

 

(7) Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.

 

In witness whereof, I have hereunto subscribed my name and affixed the seal of my office, this . . . . . . . . . . . day of . . . . . . . . . . , . . .

 

. . . . . . . . . . . . . . . . . .

Registrar of Titles, in and for the

County of . . . . . . . . . . . and

State of Minnesota.


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All CPTs issued subsequent to the first shall be in like form except that they shall be entitled "Transfer from number (here give the number of the next previous CPT relating to the same land)," and shall also contain the words "Originally registered (date, volume, and page of registration)."

 

CPTs shall be indexed and maintained in the same manner as provided for certificates of title under chapter 508.

 

Sec. 11. Minnesota Statutes 2002, section 508A.52, is amended to read:

 

508A.52 [CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW CPT.]

 

An owner of land registered under sections 508A.01 to 508A.85 who desires to convey the land, or a portion of it, in fee, shall execute a deed of conveyance, and file the deed with the registrar. The registrar shall require an affidavit by the grantee, or some person in the grantee's behalf, which affidavit shall set forth the name and residence of the grantee, whether the grantee is 18 years of age or older, and whether the grantee is or is not under legal incapacity, whether or not married, and if married, the name of the spouse. The deed of conveyance shall be filed and endorsed with the number and place of registration of the CPT. Before canceling the outstanding CPT, the registrar shall show by memorial on it the registration of the deed on the basis of which it is canceled. The encumbrances, claims, or interests adverse to the title of the registered owner shall be stated upon the new CPT, except so far as they may be simultaneously released or discharged. The CPT shall be marked "Canceled" by the registrar, who shall enter in the register a new CPT to the grantee, and prepare and deliver to the grantee a copy of the new CPT. If a deed in fee is for a portion of the land described in a CPT, the memorial of the deed entered by the registrar shall include the legal description contained in the deed and the registrar shall enter a new CPT to the grantee for the portion of the land conveyed and, except as otherwise provided in this section, issue a residue CPT to the grantor for the portion of the land not conveyed. The registrar shall prepare and deliver to each of the parties a copy of their respective CPTs. In lieu of canceling the grantor's CPT and issuing a residue CPT to the grantor for the portion of the land not conveyed, the registrar may if the grantor's deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary by the registered owner, mark by the land description on the CPT "Part of land conveyed, see memorials." The fee for a residue CPT shall be paid to the registrar only when the grantor's CPT is canceled after the conveyance by the grantor of a portion of the land described in the grantor's CPT. When two or more successive conveyances of the same property are filed for registration on the same day the registrar may enter a CPT in favor of the grantee or grantees in the last of the successive conveyances, and the memorial of the previous deed or deeds entered on the prior CPT shall have the same force and effect as though the prior CPT had been entered in favor of the grantee or grantees in the earlier deed or deeds in the successive conveyances. The fees for the registration of the earlier deed or deeds shall be the same as the fees prescribed for the entry of memorials. The registrar of titles, with the consent of the transferee, may mark "See memorials for new owner(s)" by the names of the registered owners on the CPT and also add to the memorial of the transferring conveyance a statement that the memorial shall serve in lieu of a new CPT in favor of the grantee or grantees noted in it and may refrain from canceling the CPT until the time it is canceled by a subsequent transfer, and the memorial showing the transfer of title shall have the same effect as the entry of a new CPT for the land described in the CPT. The fee for the registration of a conveyance without cancellation of the CPT shall be the same as the fee prescribed for the entry of a memorial.

 

Sec. 12. Minnesota Statutes 2002, section 508A.70, is amended to read:

 

508A.70 [SUBSEQUENT ADVERSE CLAIM, HOW REGISTERED; COSTS.]

 

Subdivision 1. [PROCEDURE; COSTS.] (a) Any person claiming any right, title, or interest in land registered under sections 508A.01 to 508A.85 adverse to the registered owner of it arising subsequent to or created after the date of the first CPT, may, if no other provision is made in sections 508A.01 to 508A.85 for there is some


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impediment to registering the same claimed interest, file with the registrar of titles a verified statement in writing setting forth fully claim of unregistered interest, made by or at the instance of the claimant, stating:

 

(1) the alleged right or interest, and;

 

(2) how or from whom it the interest was acquired, and a reference to the volume and page of;

 

(3) the reason the interest cannot be registered;

 

(4) the number of the affected CPT of the registered owner, together with;

 

(5) a description of the affected land, the adverse claimant's residence, and designating;

 

(6) a place at which all notices may be served upon the adverse claimant. The statement; and

 

(7) that the claim is not made for the purpose of avoiding the payment of mortgage registry tax under section 287.01 or deed tax under section 287.21, or avoiding obtaining the auditor's statement on an instrument under section 272.12.

 

(b) If the claimant claims an interest in an unregistered mortgage that is subject to the imposition of mortgage registry tax upon recording, the notice must contain evidence satisfactory to the registrar of titles that the mortgage registry tax has been paid. A copy of the claim must be mailed to the persons whose registered interests are affected by the claim at their addresses shown on the CPT. An affidavit stating the names and addresses of the persons to whom copies of the claim were mailed must be attached to the claim. The claim with attached affidavit regarding mailing shall be entitled to registration as an adverse claim, and the court, upon the petition of any party in interest, shall grant a speedy hearing upon the validity of the adverse claim and enter a decision and decree therein order as justice and equity may require. If the court determines that the adverse claim is adjudged to be invalid, the registration of it shall be canceled it shall order the cancellation of the memorial of the claim. The court may, in any case, award costs and damages, including a reasonable attorney's fee, as it may deem just.

 

Subd. 2. [DEMAND FOR DISCHARGE.] A person whose registered interest is affected by a statement of adverse claim filed before August 1, 2003, or by a claim of unregistered interest, or the person's agent, may file a demand for discharge of the claim of unregistered interest. A copy of the demand must be mailed to the claimant at the address stated on the claim. An affidavit stating the name and address of the person to whom a copy of the demand was mailed must be attached to the demand. The demand must be substantially in the following form:

 

"DEMAND FOR DISCHARGE OF CLAIM OF UNREGISTERED INTEREST.

 

Date: . . . . . . . . . . .

 

. . . . . . . . . . . . . . . . . . . . . . . . , having a registered interest in (name of person having a registered interest) Certificate of Possessory Title (CPT) No. . . . ., hereby demands that . . . . . . . . . . . . . . . . . (name of claimant) either (1) discharge the claimant's claim of unregistered interest regarding the CPT, or (2) petition the court for a determination of the validity of the claim pursuant to Minnesota Statutes, section 508A.70, subdivision 1. If the claimant fails to do so, the claim will terminate and be of no effect 90 days after this demand for discharge is filed with the registrar of titles of . . . . . . . . county, Minnesota.

 

. . . . . . . . . . . . . . . . . . . (signature of person having registered interest or agent)"

 

Unless the claimant has petitioned the court as provided in subdivision 1 and filed with the registrar of titles a certified copy of the petition, the claim shall terminate and be of no effect 90 days after the filing of a demand for discharge with attached affidavit regarding mailing. The registrar of titles shall not carry forward to new CPTs the memorial of any claim that has terminated or has been discharged pursuant to this subdivision.


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Subd. 3. [PRIORITY OF CLAIM.] The registration of a claim of unregistered interest has the same effect as to priority as the registration of any instrument under this chapter. If the instrument under which the claim is made is filed before the claim has been terminated or discharged, the instrument shall have the same priority as the claim and the registrar of titles shall include in the memorial of the instrument a reference to the document number of the claim."

 

Page 9, line 23, delete "9" and insert "13"

 

Amend the title as follows:

 

Page 1, line 8, after the semicolon, insert "508A.08; 508A.35; 508A.52; 508A.70;"

 

 

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

 

The report was adopted.

 

 

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

 

H. F. No. 125, A bill for an act relating to state government; extending the sunset date for the Mississippi river parkway commission; amending Minnesota Statutes 2002, section 161.1419, subdivision 8.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete "2010" and insert "2011"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on State Government Finance.

 

The report was adopted.

 

 

Sykora from the Committee on Education Policy to which was referred:

 

H. F. No. 168, A bill for an act relating to data practices; classifying and providing for access to certain data on nonpublic school students collected by public schools; amending Minnesota Statutes 2002, section 13.32, by adding a subdivision.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Civil Law.

 

The report was adopted.


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Hackbarth from the Committee on Environment and Natural Resources Policy to which was referred:

 

S. F. No. 94, A bill for an act relating to state lands; correcting a land description; amending Laws 1993, chapter 64, section 1, subdivision 3.

 

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 6 and 112 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. No. 94 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Kuisle, Seifert, Lanning, Hackbarth, Pelowski and Solberg introduced:

 

H. F. No. 426, A bill for an act relating to state government; rulemaking; requiring certain water quality assessment process rules.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

 

Strachan, Ozment, Atkins, Powell and Holberg introduced:

 

H. F. No. 427, A bill for an act relating to fire aid; changing the definition of population for purposes of the aid apportionment; amending Minnesota Statutes 2002, section 69.021, subdivisions 7, 8.

 

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

 

 

Blaine and Powell introduced:

 

H. F. No. 428, A bill for an act relating to cities; authorizing a city to collect unpaid emergency service charges by special assessment; proposing coding for new law in Minnesota Statutes, chapter 415.

 

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 268

Severson; Erickson; Samuelson; Urdahl; Seagren; Cox; Anderson, J., and Olsen, S., introduced:

 

H. F. No. 429, A bill for an act relating to civil action; regulating the apportionment of joint and several liability; amending Minnesota Statutes 2002, section 604.02, subdivision 1.

 

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

 

 

Kelliher, Mullery, Ellison, Kahn and Davnie introduced:

 

H. F. No. 430, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Minnesota planetarium.

 

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

 

 

Meslow; Lesch; Johnson, J., and Strachan introduced:

 

H. F. No. 431, A bill for an act relating to crime prevention; increasing criminal penalties for the crime of identity theft; requiring sentencing guidelines modifications related to aggravating factors and consecutive sentences; amending Minnesota Statutes 2002, section 609.527, subdivision 3.

 

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

 

 

Meslow; Lesch; Johnson, J., and Strachan introduced:

 

H. F. No. 432, A bill for an act relating to crime prevention; modifying the first degree murder crime; amending Minnesota Statutes 2002, section 609.185.

 

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

 

 

Strachan, Eken, Heidgerken, Finstad, Marquart and Seifert introduced:

 

H. F. No. 433, A bill for an act relating to zoning; modifying deadlines for agency actions; amending Minnesota Statutes 2002, section 15.99.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

 

Severson; Anderson, J.; Wasiluk; Walz; Marquart; Paymar; Urdahl; Gerlach; Mahoney and Hornstein introduced:

 

H. F. No. 434, A bill for an act relating to taxation; property; prohibiting an increase in estimated market value for homesteads owned by persons at least 65 years of age and within certain income limits; amending Minnesota Statutes 2002, sections 273.11, subdivision 5, by adding a subdivision; 273.121; 276.04, subdivision 2.

 

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


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Paymar, Hausman, Mahoney, Thao and Entenza introduced:

 

H. F. No. 435, A bill for an act relating to the city of St. Paul; authorizing the city to create multiple tax increment financing housing districts; amending Laws 2000, chapter 490, article 11, section 40.

 

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

 

 

Holberg; Sviggum; Otremba; Klinzing; Finstad; Paulsen; Bradley; Seifert; Nelson, P.; Jacobson; Marquart; Juhnke; Boudreau; Brod; Gerlach; Vandeveer; Stang; Kielkucki; Koenen; Soderstrom; DeLaForest; Smith; Beard; Cornish; Kuisle; Penas; Walz; Eastlund; Pelowski; Blaine; Wardlow; Lindgren; Ozment; Strachan and Heidgerken introduced:

 

H. F. No. 436, A bill for an act relating to health; limiting use of family planning grant funds; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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

 

 

Bradley; Pelowski; Anderson, J.; Davids; Huntley; Nelson, C.; Kuisle and Dempsey introduced:

 

H. F. No. 437, A bill for an act relating to human services; expanding the alternative quality assurance licensing system; eliminating a sunset; appropriating money; amending Minnesota Statutes 2002, sections 256B.095; 256B.0951, subdivisions 1, 2, 3, 5, 7, 9; 256B.0952, subdivision 1; 256B.0953, subdivision 2; 256B.0955.

 

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

 

 

Lindner, Brod, Pugh, Davids and Olson, M., introduced:

 

H. F. No. 438, A bill for an act relating to landlords and tenants; providing for interest rates on security deposits; amending Minnesota Statutes 2002, section 504B.178, subdivision 2.

 

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

 

 

Urdahl; Hoppe; Fuller; Hausman; Ozment; Tingelstad; Cornish; Penas; Kelliher; Nelson, P., and Dill introduced:

 

H. F. No. 439, A bill for an act relating to natural resources; appropriating money for state park and recreation area acquisition; authorizing the sale of state bonds.

 

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


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Thissen, Eken, Koenen and Greiling introduced:

 

H. F. No. 440, A bill for an act relating to elections; requiring distribution of voter registration forms to certain students; amending Minnesota Statutes 2002, section 201.1611, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

 

Kohls, Smith, Hoppe, Kielkucki and Huntley introduced:

 

H. F. No. 441, A bill for an act relating to health; granting an exemption from the hospital construction moratorium for a hospital in Carver county; amending Minnesota Statutes 2002, section 144.551, subdivision 1.

 

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

 

 

Wasiluk and Nelson, M., introduced:

 

H. F. No. 442, A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 2002, section 177.24, subdivision 1.

 

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

 

 

Wasiluk introduced:

 

H. F. No. 443, A bill for an act relating to employment; regulating employee invention agreements; amending Minnesota Statutes 2002, section 181.78, by adding a subdivision.

 

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

 

 

Swenson, Solberg, Pugh, Beard and Holberg introduced:

 

H. F. No. 444, A bill for an act relating to municipal contracts; permitting the awarding of attorney fees in certain cases; amending Minnesota Statutes 2002, section 471.345, subdivision 14.

 

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

 

 

Nelson, M.; Dill; Hackbarth and Peterson introduced:

 

H. F. No. 445, A bill for an act relating to game and fish; modifying youth deer license provisions; amending Minnesota Statutes 2002, section 97A.485, subdivision 12.

 

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


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 271

Wardlow, Sviggum and Pugh introduced:

 

H. F. No. 446, A bill for an act relating to child labor; exempting certain minors from minimum age restrictions for work as youth athletic program referees, umpires, or officials; amending Minnesota Statutes 2002, section 181A.07, by adding a subdivision.

 

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

 

 

Blaine and Swenson introduced:

 

H. F. No. 447, A bill for an act relating to agriculture; modifying certain restrictions on the ownership of farm land; imposing a penalty; amending Minnesota Statutes 2002, section 500.221, subdivisions 1, 1a, 5.

 

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

 

 

Kuisle introduced:

 

H. F. No. 448, A bill for an act relating to the University of Minnesota; requiring the university to utilize a competitive grant process in order to obtain state funding; amending Minnesota Statutes 2002, sections 137.025, subdivision 1; 137.09; 137.34, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 137.

 

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

 

 

Kuisle introduced:

 

H. F. No. 449, A bill for an act relating to higher education; grants; modifying grant eligibility; amending Minnesota Statutes 2002, section 136A.121, subdivision 9.

 

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

 

 

Brod; Dorman; Cornish; Blaine; Borrell; Nelson, C.; Peterson; Nornes; Ozment; Finstad; Cox; Davids and Urdahl introduced:

 

H. F. No. 450, A bill for an act relating to motor vehicles; providing for special license plates for alternative fuel vehicles powered by E85 fuel; directing commissioner of transportation to authorize use of high-occupancy vehicle lanes by E85-fueled vehicles; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

Seagren and Greiling introduced:

 

H. F. No. 451, A bill for an act relating to education; providing for alternative school district organization; proposing coding for new law in Minnesota Statutes, chapter 123A.

 

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


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 272

Seagren, Greiling and Eastlund introduced:

 

H. F. No. 452, A bill for an act relating to education; providing an additional method for school districts to form and sponsor a charter school; amending Minnesota Statutes 2002, section 124D.10, by adding a subdivision.

 

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

 

 

Meslow, Biernat, Smith, Atkins and Johnson, J., introduced:

 

H. F. No. 453, A bill for an act relating to parentage; adopting the Uniform Parentage Act (2000); amending Minnesota Statutes 2002, sections 13.3806, subdivision 4; 13.465, subdivisions 2, 4; 13.84, subdivision 2; 144.215, subdivision 3; 257.34, subdivisions 1, 4; 260C.307, subdivision 3; 518.156, subdivision 1; 518.157, subdivision 3; 518.1705, subdivision 3; 518.5513, subdivision 6; 518B.01, subdivision 2; 518C.201; 518C.701; 524.2-114; proposing coding for new law in Minnesota Statutes, chapter 257C; repealing Minnesota Statutes 2002, sections 13.465, subdivision 3; 257.51; 257.52; 257.53; 257.54; 257.541; 257.55; 257.56; 257.57; 257.58; 257.59; 257.60; 257.61; 257.62; 257.63; 257.64; 257.65; 257.651; 257.66; 257.67; 257.68; 257.69; 257.70; 257.71; 257.72; 257.73; 257.74; 257.75.

 

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

 

 

Dill introduced:

 

H. F. No. 454, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land in Lake county.

 

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

 

 

Fuller and Anderson, I., introduced:

 

H. F. No. 455, A bill for an act relating to human rights; recognizing the Sandy Lake Band of Mississippi Chippewa as a state-recognized Indian tribe.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

 

Mullery; Carlson; Anderson, B.; Rhodes; Dempsey; Ellison; Lieder and Haas introduced:

 

H. F. No. 456, A bill for an act relating to historic districts; designating Victory Memorial Drive as a historic district; amending Minnesota Statutes 2002, section 138.73, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 273

Holberg introduced:

 

H. F. No. 457, A bill for an act relating to family law; changing certain provisions of the de facto custodian law; amending Minnesota Statutes 2002, sections 257C.01, subdivision 2; 257C.07.

 

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

 

 

Abeler, Davids, Huntley and Bradley introduced:

 

H. F. No. 458, A bill for an act relating to health; modifying prompt payment requirements; amending Minnesota Statutes 2002, section 62Q.75, subdivision 2.

 

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

 

 

Wagenius; Mariani; Johnson, S.; Walker; Kahn; Hornstein; Clark; Ellison; Biernat; Hausman; Mullery and Kelliher introduced:

 

H. F. No. 459, A bill for an act relating to health; requiring public utilities commission to establish fund for reimbursing state and other public entities for health costs associated with certain coal-fired power plants; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

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

 

 

Haas, Abeler, Hackbarth and Tingelstad introduced:

 

H. F. No. 460, A bill for an act relating to capital improvements; authorizing the issuance of trunk highway bonds; appropriating money to reconstruct segment of U.S. Highway 10.

 

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

 

 

Pugh, Atkins and Lenczewski introduced:

 

H. F. No. 461, A bill for an act relating to estate taxation; conforming to the exemption amounts under the federal estate tax; amending Minnesota Statutes 2002, sections 289A.10, subdivision 1; 291.005, subdivision 1; 291.03, subdivision 1.

 

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

 

 

Tingelstad, Ozment, Hackbarth, Penas, Kelliher, Lesch and Larson introduced:

 

H. F. No. 462, A bill for an act relating to appropriations; appropriating money for the operation and maintenance of the metropolitan regional parks system.

 

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


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 274

Pugh; Davnie; Sieben; Hornstein; Ellison; Nelson, M.; Slawik; Sertich; Johnson, S.; Solberg; Carlson; Mahoney; Greiling; Lesch; Mullery; Latz; Dorn; Goodwin; Murphy; Peterson; Biernat; Huntley; Bernardy; Juhnke; Thissen; Hilstrom; Mariani; Pelowski; Kelliher; Lenczewski; Wagenius; Walker; Hausman and Koenen introduced:

 

H. F. No. 463, A bill for an act relating to crimes; prohibiting theft of mail; prescribing penalties; providing venue for identity theft and theft of mail; amending Minnesota Statutes 2002, section 609.527, subdivision 3, by adding subdivisions.

 

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

 

 

Biernat; Larson; Davnie; Sieben; Hornstein; Ellison; Slawik; Sertich; Johnson, S.; Solberg; Carlson; Mahoney; Greiling; Lesch; Mullery; Latz; Goodwin; Murphy; Peterson; Huntley; Bernardy; Juhnke; Thissen; Hilstrom; Mariani; Paymar; Kelliher; Lenczewski; Wagenius; Walker and Hausman introduced:

 

H. F. No. 464, A bill for an act relating to consumer protection; providing consumers a right to privacy, confidentiality, and secrecy of their financial records; requiring consumer authorization for exchange or disclosure of their financial records; providing remedies; proposing coding for new law as Minnesota Statutes, chapter 13E.

 

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

 

 

Lesch; Davnie; Sieben; Hornstein; Nelson, M.; Ellison; Slawik; Johnson, S.; Carlson; Greiling; Mahoney; Mullery; Latz; Goodwin; Murphy; Biernat; Huntley; Bernardy; Thissen; Hilstrom; Kelliher; Lenczewski; Wagenius; Walker; Hausman and Koenen introduced:

 

H. F. No. 465, A bill for an act relating to criminal justice; granting postal inspectors state arrest authority and indemnification under certain circumstances; amending Minnesota Statutes 2002, section 626.77, subdivision 3.

 

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

 

 

Lesch; Davnie; Juhnke; Nelson, M.; Mariani; Kelliher; Lenczewski; Wagenius; Walker; Hausman and Koenen introduced:

 

H. F. No. 466, A bill for an act relating to crimes; requiring the sentencing guidelines commission to add as an aggravating factor to the guidelines an offender's use of a position of trust to help assume another's identity.

 

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

 

 

Davnie; Sieben; Hornstein; Nelson, M.; Ellison; Slawik; Sertich; Johnson, S.; Solberg; Lesch; Carlson; Mahoney; Greiling; Mullery; Latz; Dorn; Goodwin; Murphy; Peterson; Biernat; Huntley; Bernardy; Juhnke; Thissen; Hilstrom; Mariani; Paymar; Pelowski; Kelliher; Lenczewski; Wagenius; Walker; Hausman and Koenen introduced:

 

H. F. No. 467, A bill for an act relating to commerce; prohibiting the printing of full credit card numbers on sales receipts; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

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


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 275

Davnie; Sieben; Hornstein; Nelson, M.; Ellison; Slawik; Sertich; Johnson, S.; Solberg; Carlson; Mahoney; Greiling; Lesch; Mullery; Latz; Dorn; Goodwin; Murphy; Biernat; Huntley; Pugh; Bernardy; Juhnke; Thissen; Hilstrom; Mariani; Paymar; Pelowski; Kelliher; Lenczewski; Wagenius; Walker; Hausman and Koenen introduced:

 

H. F. No. 468, A bill for an act relating to commerce; restricting the use and display of social security numbers; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Sieben; Davnie; Hornstein; Nelson, M.; Ellison; Sertich; Johnson, S.; Solberg; Carlson; Mahoney; Greiling; Lesch; Mullery; Latz; Dorn; Goodwin; Murphy; Biernat; Huntley; Pugh; Bernardy; Juhnke; Thissen; Mariani; Paymar; Pelowski; Kelliher; Lenczewski; Wagenius; Walker; Hausman and Koenen introduced:

 

H. F. No. 469, A bill for an act relating to commerce; prohibiting certain marketing practices related to credit cards marketed to certain students; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

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

 

 

Murphy; Solberg; Hornstein; Davnie; Sieben; Nelson, M.; Ellison; Slawik; Johnson, S.; Carlson; Mahoney; Greiling; Lesch; Mullery; Latz; Dorn; Goodwin; Biernat; Huntley; Pugh; Bernardy; Juhnke; Mariani; Paymar; Pelowski; Kelliher; Lenczewski; Wagenius; Walker; Hausman and Koenen introduced:

 

H. F. No. 470, A bill for an act relating to telecommunications; enacting the Telecommunications Consumer Privacy Act; providing for the privacy of telecommunications customer information; requiring consent for disclosure of customer information; providing penalties; amending Minnesota Statutes 2002, section 13.681, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 237.

 

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

 

 

Knoblach introduced:

 

H. F. No. 471, A bill for an act relating to elections; requiring primaries in certain school district elections; amending Minnesota Statutes 2002, section 205A.03, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

 

Olson, M., and Sykora introduced:

 

H. F. No. 472, A bill for an act relating to education; providing for school districts to opt out of certain state mandates; proposing coding for new law as Minnesota Statutes, chapter 471B.

 

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


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 276

Olson, M.; Adolphson and Sykora introduced:

 

H. F. No. 473, A bill for an act relating to local government; providing for local governments to opt out of certain state mandates; proposing coding for new law as Minnesota Statutes, chapter 471B.

 

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

 

 

Olson, M., and Hackbarth introduced:

 

H. F. No. 474, A resolution memorializing Congress to deploy a national missile defense system.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

 

 

Olson, M., and Hackbarth introduced:

 

H. F. No. 475, A resolution memorializing Congress to support the President's call for legal reform.

 

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

 

 

Olson, M.; Hackbarth and Sykora introduced:

 

H. F. No. 476, A bill for an act relating to education; enacting the American Heritage Education in Minnesota Public Schools Act; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

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

 

 

Olson, M., and Hackbarth introduced:

 

H. F. No. 477, A bill for an act relating to transportation; enacting the Minnesota Regulated Public Transit Utilities Act; providing for regulation of transit services; requiring legislative reports; proposing coding for new law as Minnesota Statutes, chapter 216E.

 

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

 

 

Dempsey introduced:

 

H. F. No. 478, A bill for an act relating to the city of Red Wing; authorizing the city to extend the duration of certain tax increment financing districts.

 

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


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 277

Ellison, Mullery, Kahn, Kelliher and Davnie introduced:

 

H. F. No. 479, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; appropriating money to the city of Minneapolis for empowerment zone subprojects; authorizing state bonds.

 

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

 

 

CONSENT CALENDAR

 

 

Paulsen moved that the Consent Calendar be continued. The motion prevailed.

 

 

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 bill to be placed on the Calendar for the Day for Monday, February 17, 2003:

 

H. F. No. 2.

 

 

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.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 2 was reported to the House.

 

 

Kielkucki moved to amend H. F. No. 2, the second engrossment, as follows:

 

Page 2, line 1, delete "2004-2005" and insert "2005-2006"

 

 

The motion prevailed and the amendment was adopted.

 

 

Latz moved to amend H. F. No. 2, the second engrossment, as amended, as follows:

 

Page 4, after line 15, insert:


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 278

"Sec. 4. [REIMBURSEMENT OF COSTS.]

 

The department of children, families and learning must reimburse school districts for any costs incurred in implementing the core academic standards established under this act.

 

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

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

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

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Howes

Huntley

Jacobson

Johnson, J.

Johnson, S.

Juhnke

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

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.

 

 

The question recurred on the Latz amendment and the roll was called. There were 62 yeas and 66 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Brod

Carlson

Cox

Davnie

Dill

Dorn

Eken

Ellison

Entenza

Fuller

Goodwin

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Johnson, S.

Juhnke

Kelliher

Koenen

Larson

Latz

Lenczewski


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 279

Lesch

Lieder

Lindgren

Mahoney

Marquart

McNamara

Mullery

Murphy

Nelson, C.

Nelson, M.

Opatz

Osterman

Otremba

Otto

Paymar

Pelowski

Peterson

Pugh

Rhodes

Rukavina

Samuelson

Sertich

Severson

Sieben

Slawik

Soderstrom

Solberg

Thao

Thissen

Wagenius

Walker

Wasiluk

 


 

 

Those who voted in the negative were:

 


Abeler

Adolphson

Anderson, B.

Blaine

Borrell

Boudreau

Bradley

Buesgens

Cornish

Davids

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Erhardt

Erickson

Finstad

Gerlach

Gunther

Haas

Hackbarth

Harder

Heidgerken

Holberg

Hoppe

Howes

Jacobson

Johnson, J.

Kielkucki

Klinzing

Knoblach

Kohls

Krinkie

Kuisle

Lanning

Lindner

Lipman

Magnus

Meslow

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Ozment

Paulsen

Penas

Powell

Ruth

Seagren

Seifert

Simpson

Smith

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Walz

Wardlow

Westerberg

Westrom

Wilkin

Spk. Sviggum


 

 

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

 

 

H. F. No. 2, as amended, was read for the third time.

 

 

The Speaker called Boudreau to the Chair.

 

 

POINT OF ORDER

 

Seifert raised a point of order pursuant to section 124 of "Mason's Manual of Legislative Procedure," relating to Personalities Not Permitted in Debate. Speaker pro tempore Boudreau ruled the point of order well taken.

 

 

The Speaker resumed the Chair.

 

 

H. F. No. 2, A bill for an act relating to education; repealing and replacing the profile of learning; providing for expedited rulemaking; repealing certain portions of Minnesota Rules, chapter 3501; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

 

The bill, as amended, was placed upon its final passage.


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 280

The question was taken on the passage of the bill and the roll was called. There were 118 yeas and 10 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Adolphson

Anderson, B.

Anderson, I.

Anderson, J.

Atkins

Bernardy

Biernat

Blaine

Borrell

Boudreau

Bradley

Brod

Buesgens

Carlson

Cornish

Cox

Davids

Davnie

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Entenza

Erhardt

Erickson

Finstad

Fuller

Gerlach

Goodwin

Greiling

Gunther

Haas

Hackbarth

Harder

Heidgerken

Hilstrom

Holberg

Hoppe

Hornstein

Howes

Jacobson

Johnson, J.

Johnson, S.

Juhnke

Kelliher

Kielkucki

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Kuisle

Lanning

Larson

Latz

Lenczewski

Lieder

Lindgren

Lindner

Lipman

Magnus

Mahoney

Marquart

McNamara

Meslow

Mullery

Nelson, C.

Nelson, M.

Nelson, P.

Nornes

Olsen, S.

Olson, M.

Opatz

Osterman

Otremba

Otto

Ozment

Paulsen

Pelowski

Penas

Peterson

Powell

Pugh

Rhodes

Rukavina

Ruth

Samuelson

Seagren

Seifert

Sertich

Severson

Sieben

Simpson

Slawik

Smith

Soderstrom

Solberg

Stang

Strachan

Swenson

Sykora

Tingelstad

Urdahl

Vandeveer

Wagenius

Walz

Wardlow

Wasiluk

Westerberg

Westrom

Wilkin

Spk. Sviggum

 


 

 

Those who voted in the negative were:

 


Ellison

Hausman

Hilty

Huntley

Lesch

Murphy

Paymar

Thao

Thissen

Walker

 


 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

Smith moved that the name of Stanek be stricken and his name be added as chief author on H. F. No. 7. The motion prevailed.

 

Smith moved that the name of Stanek be stricken and his name be shown as chief author on H. F. No. 96. The motion prevailed.

 

Strachan moved that the name of Stanek be stricken and his name be shown as chief author on H. F. No. 97. The motion prevailed.

 

Olsen, S., moved that the name of Stanek be stricken and her name be shown as chief author on H. F. No. 114. The motion prevailed.

 

Vandeveer moved that the name of Olsen, S., be added as an author on H. F. No. 217. The motion prevailed.


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 281

Hackbarth moved that the name of Olson, M., be added as an author on H. F. No. 327. The motion prevailed.

 

Howes moved that the names of Fuller, Heidgerken and Solberg be added as authors on H. F. No. 372. The motion prevailed.

 

Strachan moved that the names of Kohls and Brod be added as authors on H. F. No. 381. The motion prevailed.

 

Fuller moved that the name of Meslow be added as an author on H. F. No. 392. The motion prevailed.

 

Nelson, P., moved that the name of Eastlund be added as an author on H. F. No. 396. The motion prevailed.

 

Davids moved that the name of Harder be added as an author on H. F. No. 397. The motion prevailed.

 

Kuisle moved that the name of Harder be added as an author on H. F. No. 399. The motion prevailed.

 

Erhardt moved that the names of Solberg and Cox be added as authors on H. F. No. 405. The motion prevailed.

 

Mariani moved that the name of Wasiluk be added as an author on H. F. No. 408. The motion prevailed.

 

Boudreau moved that the name of Olsen, S., be added as an author on H. F. No. 411. The motion prevailed.

 

Buesgens moved that the name of Strachan be added as an author on H. F. No. 421. The motion prevailed.

 

Abeler moved that the names of Nornes; Eastlund; Nelson, P.; Cox; Meslow; Westerberg and Holberg be added as authors on H. F. No. 422. The motion prevailed.

 

Abeler moved that the names of Westerberg and Nornes be added as authors on H. F. No. 423. The motion prevailed.

 

Vandeveer moved that H. F. No. 217 be recalled from the Committee on State Government Finance and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

 

Vandeveer moved that H. F. No. 283 be recalled from the Committee on Taxes and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

 

Fuller moved that H. F. No. 392 be recalled from the Committee on Transportation Policy and be re-referred to the Committee on Judiciary Policy and Finance. The motion prevailed.

 

Abeler moved that H. F. No. 412 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

 

 

Paulsen and Sykora introduced:

 

House Concurrent Resolution No. 1, A House concurrent resolution providing for a Joint Convention of the Senate and the House of Representatives to elect members of the Board of Regents of the University of Minnesota.


Journal of the House - 17th Day - Monday, February 17, 2003 - Top of Page 282

SUSPENSION OF RULES

 

Paulsen moved that the rules be so far suspended that House Concurrent Resolution No. 1 be now considered and be placed upon its adoption. The motion prevailed.

 

 

HOUSE CONCURRENT RESOLUTION NO. 1

 

A House concurrent resolution providing for a Joint Convention of the Senate and the House of Representatives to elect members of the Board of Regents of the University of Minnesota.

 

Be it Resolved, by the House of Representatives of the State of Minnesota, the Senate concurring, that the House of Representatives and the Senate shall meet in Joint Convention on Monday, March 3, 2003, at 12:00 noon in the chamber of the House of Representatives to elect members to the Board of Regents of the University of Minnesota.

 

 

Paulsen moved that House Concurrent Resolution No. 1 be now adopted. The motion prevailed and House Concurrent Resolution No. 1 was adopted.

 

 

CALL OF THE HOUSE LIFTED

 

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

 

 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the following appointments and changes in committee assignments:

 

Agriculture and Rural Development Finance: Add the name of Otto.

 

Agriculture Policy: Add the name of Otto.

 

Environment and Natural Resources Policy: Add the name of Otto.

 

Local Government and Metropolitan Affairs: Add the name of Otto.

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 20, 2003. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, February 20, 2003.

 

 

Edward A. Burdick, Chief Clerk, House of Representatives