Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 583

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

NINETEENTH DAY

 

Saint Paul, Minnesota, Tuesday, February 22, 2005

 

 

The House of Representatives convened at 2:30 p.m. and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

 

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

 

The roll was called and the following members were present:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

Erhardt was excused.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Fritz moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 584

REPORTS OF STANDING COMMITTEES

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 248, A bill for an act relating to education finance; modifying a school district's percentage of students attending nonpublic school necessary to qualify for an exemption; creating a process to resolve a tuition obligation; converting referendum revenue authority for Common School District No. 815, Prinsburg; authorizing the school district to recertify its school levy for taxes payable in 2005; amending Minnesota Statutes 2004, section 123A.70.

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. No. 248 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Gunther and Cornish introduced:

 

H. F. No. 1213, A bill for an act relating to economic development abatement; granting special abatement authority for a property in a tax increment financing district in the city of Fairmont.

 

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

 

 

Knoblach, Rukavina, Jaros, Wilkin and Gunther introduced:

 

H. F. No. 1214, A bill for an act relating to telecommunications; establishing an accessible electronic information service for blind and disabled persons; appropriating money; amending Minnesota Statutes 2004, section 237.52, subdivisions 2, 4; proposing coding for new law in Minnesota Statutes, chapter 248.

 

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

 

 

Clark, Slawik, Mahoney and Gunther introduced:

 

H. F. No. 1215, A bill for an act relating to housing; appropriating money for the bridges rental housing assistance program.

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 585

Abeler and Greiling introduced:

 

H. F. No. 1216, A bill for an act relating to education; providing state facilities aid to charter schools to lease, purchase, renovate, or construct school buildings or rent, lease, or purchase land; amending Minnesota Statutes 2004, section 124D.11, subdivisions 4, 7, by adding a subdivision.

 

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

 

 

Loeffler, Kahn, Liebling, Wardlow, Tingelstad, Hosch, Lillie and Lesch introduced:

 

H. F. No. 1217, A bill for an act relating to natural resources; modifying terms of local parks grant program; amending Minnesota Statutes 2004, section 85.019, subdivision 2.

 

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

 

 

Powell introduced:

 

H. F. No. 1218, A bill for an act relating to public safety; allowing installation of vehicle-monitoring device in authorized emergency vehicle; making clarifying changes; amending Minnesota Statutes 2004, section 169.71, subdivision 1.

 

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

 

 

Wilkin, Holberg, Erhardt, Sykora, Wardlow, Westrom and Emmer introduced:

 

H. F. No. 1219, A bill for an act relating to traffic regulations; providing for the speed limit on marked Interstate Highway 35E; amending Minnesota Statutes 2004, section 169.14, by adding a subdivision.

 

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

 

 

Brod, Cox, Demmer, Abeler, Finstad, Bradley and Gunther introduced:

 

H. F. No. 1220, A bill for an act relating to unemployment insurance; authorizing the use of certain data by local and state welfare agencies; amending Minnesota Statutes 2004, section 268.19, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

 

 

Erickson introduced:

 

H. F. No. 1221, A bill for an act relating to education; allowing a school district to apply general provisions of the Pupil Fair Dismissal Act to a child whose parent refuses to consent to an initial evaluation; amending Minnesota Statutes 2004, section 125A.091, subdivision 5.

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 586

Powell introduced:

 

H. F. No. 1222, A bill for an act relating to public safety; authorizing merger of two metropolitan boards.

 

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

 

 

Howes introduced:

 

H. F. No. 1223, A bill for an act relating to taxation; property; clarifying the classification of certain noncommercial aircraft storage hangers abutting public airports located outside the seven-county metropolitan area; amending Minnesota Statutes 2004, section 273.13, subdivision 25.

 

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

 

 

Wagenius, Mariani and Ellison introduced:

 

H. F. No. 1224, A bill for an act relating to groundwater protection; providing restrictions on the use of chloro-s-triazine herbicides under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 18B.

 

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

 

 

Sieben, Greiling, Hansen and Atkins introduced:

 

H. F. No. 1225, A bill for an act relating to education; providing for an elementary and middle school years international baccalaureate pilot program; appropriating money.

 

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

 

 

Lanning, Marquart and Lieder introduced:

 

H. F. No. 1226, A bill for an act relating to liquor; increasing restrictions on the use of alcohol by a person under the age of 21 years; amending Minnesota Statutes 2004, section 340A.503, by adding a subdivision.

 

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

 

 

Carlson, Nornes, Latz and Urdahl introduced:

 

H. F. No. 1227, A bill for an act relating to health; expanding the criteria for participants of the loan forgiveness program; appropriating money; amending Minnesota Statutes 2004, section 144.1501, subdivisions 2, 4.

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 587

Smith; Meslow; Murphy; Johnson, J., and Ellison introduced:

 

H. F. No. 1228, A bill for an act relating to legal services funding; increasing a surcharge on certain recording and registration fees; appropriating money; amending Minnesota Statutes 2004, sections 357.18, subdivision 3; 508.82, subdivision 1; 508A.82, subdivision 1.

 

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

 

 

Buesgens, Krinkie, Olson, Eastlund and Erickson introduced:

 

H. F. No. 1229, A bill for an act relating to education; providing for an election to determine whether to detach land from an existing school district for a new independent school district; 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 and Reform.

 

 

Holberg, Wilkin and Westrom introduced:

 

H. F. No. 1230, A bill for an act relating to consumer protection; regulating wireless telephone directories; protecting consumer privacy; 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 and Financial Institutions.

 

 

Holberg and Wilkin introduced:

 

H. F. No. 1231, A bill for an act relating to commerce; coordinating Minnesota and federal law in regard to consumer access to their own credit information; amending Minnesota Statutes 2004, section 13C.01, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

 

 

Beard; Larson; Nelson, P.; Lieder and Thissen introduced:

 

H. F. No. 1232, A bill for an act relating to transportation; prohibiting Metropolitan Airports Commission from authorizing facility demolition or further consideration of Northwest Airlines 20/20 vision until Northwest Airlines demonstrates compliance with financing agreement covenants and reporting requirements.

 

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

 

 

Urdahl, Smith, Juhnke, Heidgerken and Marquart introduced:

 

H. F. No. 1233, A bill for an act relating to drivers' licenses; requiring greater proof of identity for driver's license applicant; amending Minnesota Statutes 2004, section 171.06, subdivision 3.

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 588

Thissen, Walker, Mariani, Abrams and Brod introduced:

 

H. F. No. 1234, A bill for an act relating to taxes; regulating tax preparers; amending Minnesota Statutes 2004, sections 270.30, subdivisions 1, 5, 6, 8, by adding subdivisions; 289A.08, subdivision 16; 289A.60, subdivision 13; proposing coding for new law in Minnesota Statutes 2004, chapter 270.

 

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

 

 

Thissen introduced:

 

H. F. No. 1235, A bill for an act relating to human services; consolidating the MFIP and basic sliding fee child care programs; appropriating money; amending Minnesota Statutes 2004, sections 119B.02, subdivisions 1, 2; 119B.03, subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 4, 5; 119B.05, subdivision 5; 119B.08; 119B.09, subdivisions 1, 4a, 7; 119B.10; 119B.11, subdivision 1; 119B.12, subdivision 2; 119B.13, by adding subdivisions; 119B.15; 119B.24; repealing Minnesota Statutes 2004, sections 119B.011, subdivisions 20, 20a; 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, 6b, 8; 119B.05, subdivision 1; 119B.07; 119B.09, subdivision 3; 119B.11, subdivision 4.

 

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

 

 

Solberg, Moe and Anderson, I., introduced:

 

H. F. No. 1236, A bill for an act relating to state lands; authorizing the public sale of tax-forfeited land bordering public waters in Itasca County.

 

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

 

 

Solberg, Moe and Anderson, I., introduced:

 

H. F. No. 1237, A bill for an act relating to state lands; authorizing the private sale of tax-forfeited land bordering public waters in Itasca County.

 

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

 

 

Seifert introduced:

 

H. F. No. 1238, A bill for an act relating to education; authorizing a fund transfer for Independent School District No. 418, Russell.

 

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

 

 

Severson, Klinzing, Opatz, Marquart, Hosch and Sykora introduced:

 

H. F. No. 1239, A bill for an act relating to education; allowing 10th grade students to participate in the postsecondary enrollment options program; amending Minnesota Statutes 2004, section 124D.09, subdivisions 4, 5, 7, 8, 9.

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 589

Severson; Anderson, B., and Wardlow introduced:

 

H. F. No. 1240, A bill for an act relating to veterans; designating the month of May each year as "Hire a Veteran Month" in Minnesota; proposing coding for new law in Minnesota Statutes, chapter 10.

 

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

 

 

Kahn introduced:

 

H. F. No. 1241, A bill for an act relating to local government; requiring the state auditor to study and report on the feasibility of consolidating counties along natural physical or alternative political boundaries and on the usefulness of establishing county service districts as an alternative to consolidation; appropriating money.

 

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

 

 

Westrom, Sykora, Abeler, Brod, Rukavina and Nornes introduced:

 

H. F. No. 1242, A bill for an act relating to education finance; providing for telecommunications/Internet access equity aid; appropriating money; amending Minnesota Statutes 2004, section 127A.45, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 125B.

 

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

 

 

Brod, Hornstein and Ozment introduced:

 

H. F. No. 1243, A bill for an act relating to transportation; allowing hybrid vehicles to be used on high-occupancy vehicle lanes; amending Minnesota Statutes 2004, sections 160.02, by adding a subdivision; 160.93, by adding a subdivision.

 

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

 

 

Paulsen; Smith; Murphy; Meslow; Lesch; Mahoney; Johnson, J., and Sykora introduced:

 

H. F. No. 1244, A bill for an act relating to crime prevention; requiring all persons arrested for or convicted of committing a felony to submit a DNA sample to law enforcement at the time of booking; appropriating money; amending Minnesota Statutes 2004, sections 299C.03; 299C.08; 299C.11; 299C.155; 299C.21; 609.117; 609A.02, subdivision 3; 609A.03, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 299C; repealing Minnesota Statutes 2004, section 609.119.

 

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

 

 

Davids introduced:

 

H. F. No. 1245, A bill for an act relating to natural resources; requiring dike repair on certain state lands; amending Minnesota Statutes 2004, section 103G.505, by adding a subdivision.

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 590

Ellison, Hornstein, Walker and Clark introduced:

 

H. F. No. 1246, A bill for an act relating to restricted pesticides; prohibiting the sale or use of Chloro-s-Triazine herbicides (atrazine) after a certain date; proposing coding for new law in Minnesota Statutes, chapter 18B.

 

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

 

 

Larson and Thissen introduced:

 

H. F. No. 1247, A bill for an act relating to the city of Richfield; authorizing the creation of a redevelopment tax increment financing district.

 

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

 

 

Ellison, Wagenius, Slawik, Mariani and Sieben introduced:

 

H. F. No. 1248, A bill for an act relating to health, environment and natural resources, and agriculture; restricting the use of atrazine; proposing coding for new law in Minnesota Statutes, chapter 18B.

 

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

 

 

Hansen; Goodwin; Otremba; Atkins; Scalze; Nelson, M., and Peterson, S., introduced:

 

H. F. No. 1249, A bill for an act relating to health; requiring a study on the use of sick leave.

 

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

 

 

Smith, Thissen and Wardlow introduced:

 

H. F. No. 1250, A bill for an act relating to retirement; providing that a certain limit on covered salary for public pension purposes does not apply to an elected official of a political subdivision; amending Minnesota Statutes 2004, section 356.611, subdivision 1.

 

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

 

 

Smith, Meslow, Hilstrom and Johnson, J., introduced:

 

H. F. No. 1251, A bill for an act relating to child protection; providing for a background check of an individual being considered as a custodian; modifying requirements for adoption consents and placement resources for children who are in the legal custody of a social services agency; amending Minnesota Statutes 2004, sections 259.24, subdivisions 1, 2a, 5, 6a; 260C.201, subdivision 11; 260C.212, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 260C.

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 591

Smith, Eastlund, Lesch, Meslow and Johnson, J., introduced:

 

H. F. No. 1252, A bill for an act relating to courts; limiting postconviction relief; providing that certain government appeals do not require payment of defendant attorney fees and costs; amending Minnesota Statutes 2004, section 590.01, subdivision 1, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 545A.

 

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

 

 

Lesch; Meslow; Smith; Johnson, S.; Nelson, M., and Brod introduced:

 

H. F. No. 1253, A bill for an act relating to courts; limiting postconviction relief; providing that local governments do not have to pay expenses incurred by defendants in certain appeals; amending Minnesota Statutes 2004, section 590.01, subdivision 1, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 545A.

 

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

 

 

FISCAL CALENDAR

 

 

Pursuant to rule 1.22, Knoblach requested immediate consideration of H. F. No. 3.

 

 

H. F. No. 3 was reported to the House.

 

 

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.

 

 

H. F. No. 3 was again reported to the House.

 

 

Vandeveer; Klinzing; Holberg; Buesgens; Erickson; Anderson, B., and DeLaForest offered an amendment to H. F. No. 3, the second engrossment.

 

 

Kelliher requested a division of the Vandeveer et al amendment to H. F. No. 3, the second engrossment.

 

 

Kelliher further requested that the second portion of the divided Vandeveer et al amendment be voted on first.

 

 

The second portion of the Vandeveer et al amendment to H. F. No. 3, the second engrossment, reads as follows:

 

Delete page 17, line 45, to page 18, line 36, and renumber the remaining subdivisions

 

Adjust fund totals accordingly

 

 

A roll call was requested and properly seconded.


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 592

The question was taken on the second portion of the Vandeveer et al amendment and the roll was called. There were 29 yeas and 104 nays as follows:

 

Those who voted in the affirmative were:

 


Brod

Buesgens

Charron

Dean

DeLaForest

Eastlund

Erickson

Finstad

Hamilton

Holberg

Hoppe

Johnson, J.

Klinzing

Kohls

Krinkie

Marquart

Nelson, P.

Nornes

Olson

Paulsen

Peppin

Powell

Seifert

Smith

Soderstrom

Vandeveer

Wardlow

Westrom

Wilkin


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Carlson

Clark

Cornish

Cox

Cybart

Davids

Davnie

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eken

Ellison

Emmer

Entenza

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Newman

Opatz

Otremba

Ozment

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Welti

Westerberg

Zellers

Spk. Sviggum


 

 

The motion did not prevail and the second portion of the Vandeveer et al amendment was not adopted.

 

 

Vandeveer withdrew the first portion of the Vandeveer et al amendment to H. F. No. 3, the second engrossment.

 

 

The Speaker called Abrams to the Chair.

 

 

Olson moved to amend H. F. No. 3, the second engrossment, as follows:

 

Page 43, after line 10, insert:

 

"Sec. 52. [NORTHSTAR COMMUTER RAIL LINE; REQUEST FOR WAIVER.]

 

The commissioner of transportation shall take all necessary steps to seek a waiver, exemption, or other agreement from the Federal Transit Administration that would allow federal section 5309 funds otherwise allocated by that agency for the Northstar commuter rail line to instead be used for development and construction of express bus service in the marked Trunk Highway No. 10 corridor without requirement for a new environmental impact statement or alternatives analysis.


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 593

Sec. 53. [NORTHSTAR CORRIDOR; RESTRICTION.]

 

Subdivision 1. [FINDING.] The legislature finds that because criteria used by the Federal Transit Administration in evaluating costs and benefits under the federal section 5309 program do not provide for a sufficient evaluation of the effects of different modes in a particular corridor on traffic congestion in that and other corridors, it is necessary to require that a study be performed on transitway alternatives in the Trunk Highway No. 10 corridor in order to make an informed choice among modes.

 

Subd. 2. [STUDY; REPORT.] Before expending any further state funds on planning, design, engineering, or construction on the Northstar commuter rail line, the commissioner of transportation shall conduct a study of the total costs of commuter rail and express bus service in the Trunk Highway No. 10 corridor and the relative effectiveness of each mode in alleviating highway congestion in the corridor and other freeway and expressway corridors that parallel that corridor. Before preparing and submitting the final version of the report the commissioner must hold at least two public hearings within reasonable proximity to the Trunk Highway No. 10 corridor. The commissioner shall complete the study and report on its results to the legislative committees having jurisdiction over transportation policy and finance by January 15, 2006.

 

Subd. 3. [RESTRICTION.] The commissioner shall not expend any state funds on commuter rail or express bus service within the Trunk Highway No. 10 corridor unless:

 

(1) the study conducted under this section has shown that one or both modes included in the study have benefits that exceed costs in alleviating congestion in the Trunk Highway No. 10 corridor and other freeway and expressway corridors that parallel that corridor that exceed its costs; and

 

(2) the mode selected for the corridor has the higher ratio of such benefits to total costs."

 

Renumber the sections in sequence

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Olson amendment and the roll was called. There were 31 yeas and 102 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Buesgens

Charron

Cybart

Dean

DeLaForest

Eastlund

Emmer

Erickson

Finstad

Hamilton

Heidgerken

Holberg

Hoppe

Johnson, J.

Klinzing

Kohls

Krinkie

Marquart

Nelson, P.

Olson

Paulsen

Peppin

Seifert

Smith

Soderstrom

Urdahl

Vandeveer

Wardlow

Wilkin

Zellers


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Clark

Cornish

Cox

Davids

Davnie

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eken

Ellison

Entenza

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hansen

Hausman

Hilstrom

Hilty

Hornstein


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 594

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Newman

Nornes

Opatz

Otremba

Ozment

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Solberg

Sykora

Thao

Thissen

Tingelstad

Wagenius

Walker

Welti

Westerberg

Westrom

Spk. Sviggum


 

 

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

 

 

Olson moved to amend H. F. No. 3, the second engrossment, as follows:

 

Page 18, after line 36, insert:

 

"The commissioner may not spend any part of this appropriation until:

 

(1) each city in which the Northstar commuter rail project will be located has held a public hearing before July 30, 2005, at which proponents and opponents of constructing the rail line have been given equal time to testify, to the maximum possible and reasonable extent; and

 

(2) a referendum has been held in each such city in August 2005, and the following question has been voted on affirmatively by a majority of all the voters in all cities voting on the question. The question submitted must be:

 

"Shall the city of ....... be permitted to spend city funds toward the local share of the Northstar commuter rail project?

 

Yes .......

No ........""

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Olson amendment and the roll was called. There were 32 yeas and 101 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Brod

Buesgens

Charron

Cybart

DeLaForest

Eastlund

Emmer

Erickson

Finstad

Hamilton

Heidgerken

Holberg

Hoppe

Hosch

Johnson, J.

Klinzing

Kohls

Krinkie

Lenczewski

Marquart

Nelson, P.

Olson

Paulsen

Peppin

Seifert

Smith

Soderstrom

Urdahl

Vandeveer

Wardlow

Wilkin


 


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 595

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Carlson

Clark

Cornish

Cox

Davids

Davnie

Dean

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eken

Ellison

Entenza

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Knoblach

Koenen

Lanning

Larson

Latz

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Newman

Nornes

Opatz

Otremba

Ozment

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Solberg

Sykora

Thao

Thissen

Tingelstad

Wagenius

Walker

Welti

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

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

 

 

The Speaker resumed the Chair.

 

 

Olson moved to amend H. F. No. 3, the second engrossment, as follows:

 

Page 19, after line 8, insert:

 

"To the extent permitted by federal law, as part of the final environmental impact statement for the central corridor project the council, in consultation with the commissioner of transportation and representatives of Ramsey and Hennepin Counties and Minneapolis and St. Paul, must evaluate the feasibility of the personal rapid transit option in the corridor. The evaluation must include a comparison of personal rapid transit with other options studied for the corridor in regard to:

 

(1) congestion and access problems caused by construction;

 

(2) congestion and access once construction is completed and service is being provided;

 

(3) average travel speeds for transit and other traffic;

 

(4) safety for vehicles, passengers, pedestrians, and transit users;

 

(5) cost-effectiveness for construction;

 

(6) cost-effectiveness for operations, including cost per daily rider, fare box recovery, and non-user subsidies;


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 596

(7) environmental impact including energy efficiency and pollution;

 

(8) service levels and reliability; and

 

(9) ability to be implemented within a reasonable period of time, including whether a dual-track public-private design and engineering process is feasible. For purposes of this clause a "dual-track public-private design and engineering process" is a process under which design and engineering for bus and light rail alternatives for the corridor are performed by public agencies and design and engineering for personal rapid transit is performed without public funds by one or more private entities."

 

 

A roll call was requested and properly seconded.

 

 

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

 

Those who voted in the affirmative were:

 


Anderson, B.

Buesgens

DeLaForest

Eastlund

Ellison

Emmer

Erickson

Heidgerken

Holberg

Johnson, J.

Juhnke

Knoblach

Krinkie

Nelson, P.

Olson

Rukavina

Soderstrom

Sykora

Thissen

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eken

Entenza

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Klinzing

Koenen

Kohls

Lanning

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Nelson, M.

Newman

Nornes

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Solberg

Thao

Tingelstad

Wagenius

Walker

Welti

Zellers

Spk. Sviggum


 

 

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


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 597

The Speaker called Abrams to the Chair.

 

 

H. F. No. 3, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; making adjustments to previous bond authorizations; establishing new programs and modifying existing programs; authorizing sale of state bonds; appropriating money; amending Minnesota Statutes 2004, sections 16A.671, subdivision 3; 85.019, subdivision 2; 116.182, subdivision 2; 116J.571; 116J.572, subdivision 2; 116J.573, subdivisions 1, 2, 5; 116J.575, subdivision 1; 134.45; 136F.60, by adding a subdivision; 174.52, by adding a subdivision; Laws 1998, chapter 404, section 23, subdivision 17, as amended; Laws 2003, First Special Session chapter 20, article 1, section 11; proposing coding for new law in Minnesota Statutes, chapters 16A; 446A.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 12 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Ruth

Ruud

Samuelson

Scalze

Seifert

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, B.

Buesgens

DeLaForest

Holberg

Krinkie

Moe

Olson

Peppin

Rukavina

Sailer

Sertich

Vandeveer


 

 

The bill was passed and its title agreed to.

 

 

The Speaker resumed the Chair.


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 598

MOTIONS AND RESOLUTIONS

 

 

Latz moved that the name of Lillie be added as an author on H. F. No. 294. The motion prevailed.

 

Gunther moved that the name of Lillie be added as an author on H. F. No. 442. The motion prevailed.

 

Opatz moved that the name of Hortman be added as an author on H. F. No. 487. The motion prevailed.

 

Hilty moved that his name be stricken as an author on H. F. No. 529. The motion prevailed.

 

Ozment moved that the name of Wilkin be added as an author on H. F. No. 538. The motion prevailed.

 

Johnson, J., moved that the name of Lanning be added as an author on H. F. No. 572. The motion prevailed.

 

Latz moved that the name of Carlson be added as an author on H. F. No. 688. The motion prevailed.

 

Urdahl moved that the name of Lanning be added as an author on H. F. No. 724. The motion prevailed.

 

Seifert moved that the name of Erickson be added as an author on H. F. No. 871. The motion prevailed.

 

Brod moved that the name of Hilty be added as an author on H. F. No. 874. The motion prevailed.

 

Clark moved that the name of Davids be added as an author on H. F. No. 949. The motion prevailed.

 

Wilkin moved that the name of Penas be added as an author on H. F. No. 980. The motion prevailed.

 

Vandeveer moved that the name of Greiling be added as an author on H. F. No. 992. The motion prevailed.

 

Erickson moved that the name of Soderstrom be added as an author on H. F. No. 1071. The motion prevailed.

 

Greiling moved that the name of Peterson, S., be added as an author on H. F. No. 1079. The motion prevailed.

 

Powell moved that the name of Peterson, S., be added as an author on H. F. No. 1086. The motion prevailed.

 

Blaine moved that the name of Gazelka be added as chief author on H. F. No. 1097. The motion prevailed.

 

Hornstein moved that the name of Abeler be added as an author on H. F. No. 1115. The motion prevailed.

 

Dorman moved that the name of Abeler be added as an author on H. F. No. 1136. The motion prevailed.

 

Bradley moved that the names of Latz and Davids be added as authors on H. F. No. 1169. The motion prevailed.

 

Olson moved that the name of Pelowski be added as an author on H. F. No. 1172. The motion prevailed.

 

Zellers moved that the name of Magnus be added as an author on H. F. No. 1175. The motion prevailed.

 

Eastlund moved that the names of Erickson and Sviggum be added as authors on H. F. No. 1191. The motion prevailed.

 

Davnie moved that the name of Slawik be added as an author on H. F. No. 1192. The motion prevailed.


Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 599

Lanning moved that the name of Magnus be added as an author on H. F. No. 1195. The motion prevailed.

 

Lanning moved that the name of Magnus be added as an author on H. F. No. 1196. The motion prevailed.

 

Cybart moved that the name of Severson be added as an author on H. F. No. 1201. The motion prevailed.

 

Anderson, B., moved that H. F. No. 171 be recalled from the Committee on Transportation and be re-referred to the Committee on Governmental Operations and Veterans Affairs. The motion prevailed.

 

Krinkie moved that H. F. No. 1127 be recalled from the Committee on Taxes and be re-referred to the Committee on Commerce and Financial Institutions. The motion prevailed.

 

 

FISCAL CALENDAR ANNOUNCEMENT

 

Pursuant to rule 1.22, Knoblach announced his intention to place H. F. No. 248 on the Fiscal Calendar for Thursday, February 24, 2005.

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 24, 2005. 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 24, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



Journal of the House - 19th Day - Tuesday, February 22, 2005 - Top of Page 600