Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3475

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

FIFTY-THIRD DAY

 

Saint Paul, Minnesota, Thursday, May 5, 2005

 

 

The House of Representatives convened at 11:45 a.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

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Emmer

Entenza

Erhardt

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.

 

Clark was excused.

 

Ellison was excused until 4:20 p.m.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Moe 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 - 53rd Day - Thursday, May 5, 2005 - Top of Page 3476

REPORTS OF STANDING COMMITTEES

 

 

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

 

H. F. No. 514, A bill for an act relating to gaming; establishing a lottery board; regulating card clubs and establishing a director of card clubs; amending Minnesota Statutes 2004, sections 240.03; 240.04, by adding a subdivision; 240.23; 240.30, subdivisions 2, 7; 349A.01, by adding a subdivision; 349A.08, subdivision 7; 349A.11; 349A.14; proposing coding for new law in Minnesota Statutes, chapter 349A.

 

Reported the same back with the following amendments:

 

Page 6, after line 11, insert:

 

"Sec. 3. Minnesota Statutes 2004, section 240.155, subdivision 1, is amended to read:

 

Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money received by the commission as reimbursement for the costs of services provided by veterinarians, stewards, and medical testing of horses must be deposited in the state treasury and credited to a racing reimbursement account, except as provided under subdivision 2. Receipts are appropriated to the commission to pay the costs of providing the services. Receipts deposited under section 240.30, subdivision 9, are appropriated to the commission for the costs of regulation of card club activities under section 240.03."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "appropriating money;"

 

Page 1, line 5, before "240.23" insert "240.155, subdivision 1;"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 874, A bill for an act relating to elections; providing for approval and purpose of certain voting equipment; appropriating money; amending Minnesota Statutes 2004, sections 201.022, by adding a subdivision; 206.80; proposing coding for new law in Minnesota Statutes, chapter 206.

 

Reported the same back with the following amendments:

 

Page 3, after line 22, insert:

 

"Sec. 5. [206.845] [BALLOT RECORDING AND COUNTING SECURITY.]

 

Subdivision 1. [PERMITTED AND PROHIBITED MODES OF TRANSFER.] Ballot recording and counting systems must be secured physically and electronically against unauthorized access. Except for wired connections within the polling place, ballot recording and counting systems must not be connected to, or operated on, directly or


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3477

indirectly, any electronic network including internal office networks, LANs, the Internet, or World Wide Web. Wireless communications may not be used in any way in a vote recording or vote counting system. Wireless, device-to-device capability is not allowed. No connection by modem is allowed.

 

Transfer of information from the ballot recording or counting system to another system for network or broadcast must be made by disk, tape, or other physical means of communication other than direct or indirect electronic connection of the vote recording or vote counting system.

 

Subd. 2. [TRANSMIT TO CENTRAL REPORTING LOCATION.] After the close of the polls, counties employing precinct ballot counting devices may telephonically or electronically transmit the accumulated tally for each device to a central reporting location. Before making a telephonic or electronic transmission, the precinct election officer must create a printed record of the results of the election for that precinct as provided by rules of the secretary of state. During the canvassing period the results transmitted telephonically or electronically must be considered unofficial until a complete reconciliation of the results has been performed."

 

Page 5, after line 8, insert:

 

"Subd. 4. [SURPLUS VOTING EQUIPMENT TO BE MADE AVAILABLE.] (a) If any county or municipality purchases or receives new voting system equipment under this section, it may make any equipment being replaced available on a first-come, first-served basis at no charge for transfer to any other county or municipality which has not previously used that type or model of equipment. A county receiving equipment under this subdivision may also make any equipment being replaced similarly available to any other county or municipality.

 

(b) The secretary of state shall establish, for information only, a page on its Web site on which counties making equipment available pursuant to this subdivision must post the basic specifications of the equipment along with contact information for the staff person in the county or municipality responsible for the equipment. All transfer transactions are strictly between and among the counties and municipalities.

 

Sec. 7. [FEDERAL FUNDS FOR ACCESS BY DISABLED INDIVIDUALS.]

 

The secretary of state is authorized to apply for funds pursuant to sections 261 to 265 of the Help America Vote Act, Public Law 107-252, to assure access for individuals with disabilities. No further appropriation by the legislature is required, for the receipt of those funds from the federal Department of Health and Human Services or for the distribution to local units of government of those funds by the secretary of state for that purpose, notwithstanding contrary provisions in Laws 2003, First Special Session chapter 7, section 1."

 

Page 6, line 17, delete "7" and insert "9"

 

Renumber the sections in sequence

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 514 and 874 were read for the second time.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3478

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.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Charron, Meslow and Slawik introduced:

 

H. F. No. 2501, A bill for an act relating to child care; making improvements to child care services; proposing coding for new law in Minnesota Statutes, chapter 245A.

 

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

 

 

Anderson, I.; Dill and Penas introduced:

 

H. F. No. 2502, A resolution memorializing the President and Congress to prohibit the importation of pseudoephedrine from other countries into the United States.

 

The bill was read for the first time.

 

 

SUSPENSION OF RULES

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Anderson, I., moved that the rule therein be suspended and an urgency be declared so that H. F. No. 2502 be given its second and third readings and be placed upon its final passage. The motion did not prevail.

 

 

H. F. No. 2502 was referred to the Committee on Public Safety Policy and Finance.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS, Continued

 

 

The following House File was introduced:

 

 

Anderson, B., introduced:

 

H. F. No. 2503, A bill for an act relating to highways; designating I-94 as 88th Infantry (Blue Devils) Division Highway; amending Minnesota Statutes 2004, section 161.14, by adding a subdivision.

 

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


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3479

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

H. F. No. 1422, A bill for an act relating to the operation of state government; making changes to health and human services programs; changing licensing and state-operated services provisions; changing provisions in state health care programs, changing MinnesotaCare to a forecasted program and changing eligibility requirements and payments, allowing transfer of excess health care access funds to the general fund, allowing the commissioner to withhold for delinquent nursing home provider surcharges, allowing reduction of excess assets for MA and changing other MA provisions, reducing payments to managed care plans, establishing medical necessity standards for state health care programs, allowing the state to recover payment for long-term care from trusts and life estates or joint tenancy interests, and establishing a health services policy committee and medication therapy management; establishing a value-based nursing facility reimbursement system and changing other provisions for nursing facilities; changing continuing care for the elderly and disabled provisions and establishing the Minnesota partnership for long-term care programs, increasing rate reimbursement for ICF/MR facilities, health care services, and provider rate increases, requiring a study for dental access, establishing an interagency work group on disability services; changing provisions for mental health services, allowing payment for mental health telemedicine, providing treatment foster care services and transitional youth intensive rehabilitative mental health services; modifying health policy, establishing a Health Information Technology and Infrastructure Advisory Committee, establishing a rural pharmacy planning and transition grant program, requiring a report from physicians and facilities performing abortions, classifying data in abortion notification reports, providing education on shaking infants and children, establishing a voluntary trauma system, trauma registry, and trauma advisory council, establishing a cancer drug repository program, prohibiting family grant funds to subsidize abortion services, promoting positive abortion alternatives, establishing the unborn child pain prevention act, providing education on postpartum depression, adjusting certain fees, providing civil and criminal penalties; making forecast adjustments; appropriating money; and providing for alternative funding; amending Minnesota Statutes 2004, sections 13.3806, by adding a subdivision; 16A.724; 103I.101, subdivision 6; 103I.208, subdivisions 1, 2; 103I.235, subdivision 1; 103I.601, subdivision 2; 144.122; 144.147, subdivisions 1, 2; 144.148, subdivision 1; 144.1483; 144.1501, subdivisions 1, 2, 3, 4; 144.226, subdivisions 1, 4, by adding subdivisions; 144.3831, subdivision 1; 144.551, subdivision 1; 144.562, subdivision 2; 144.9504, subdivision 2; 144.98, subdivision 3; 144A.071, subdivision 4a; 144A.073, by adding a subdivision; 144E.101, by adding a subdivision; 145.56, subdivisions 2, 5; 145.924; 145.9268; 146A.11, subdivision 1; 147A.08; 150A.22; 157.011, by adding a subdivision; 157.15, by adding a subdivision; 157.16, subdivisions 2, 3, by adding subdivisions; 157.20, subdivisions 2, 2a; 214.01, subdivision 2; 214.06, subdivision 1, by adding a subdivision; 245.4661, subdivisions 2, 6; 245.4885, subdivisions 1, 2, by adding a subdivision; 245A.10, subdivision 5; 245C.10, subdivisions 2, 3; 245C.32, subdivision 2; 246.0136, subdivision 1; 252.27, subdivision 2a; 253.20; 253B.02, subdivision 7; 256.01, subdivision 2, by adding subdivisions; 256.019, subdivision 1; 256.045, subdivisions 3, 3a; 256.046, subdivision 1; 256.9657, by adding a subdivision; 256.969, subdivisions 3a, 26; 256B.02, subdivision 12; 256B.04, by adding a subdivision; 256B.056, subdivisions 5, 5a, 5b, 7, by adding subdivisions; 256B.057, subdivision 9; 256B.0575; 256B.0595, subdivision 2; 256B.06, subdivision 4; 256B.0621, subdivisions 2, 3, 4, 5, 6, 7, by adding a subdivision; 256B.0625, subdivisions 2, 3a, 13, 13a, 13c, 13e, 13f, 17, by adding subdivisions; 256B.0644; 256B.075, subdivision 2; 256B.0913, subdivisions 2, 4; 256B.0916, by adding a subdivision; 256B.0943, subdivision 3; 256B.095; 256B.0951, subdivision 1; 256B.0952, subdivision 5; 256B.0953, subdivision 1; 256B.15, subdivision 1; 256B.19, subdivision 1; 256B.195, subdivision 3; 256B.32, subdivision 1; 256B.431, subdivisions 28, 29, 35, by adding subdivisions; 256B.432, subdivisions 1, 2, 5, by adding subdivisions;


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3480

256B.434, subdivisions 3, 4, 4a, 4b, 4c, 4d, by adding subdivisions; 256B.438, subdivision 3; 256B.47, subdivision 2; 256B.49, subdivision 16; 256B.5012, by adding a subdivision; 256B.69, subdivisions 4, 23, by adding a subdivision; 256B.75; 256B.765; 256D.03, subdivisions 3, 4, by adding subdivisions; 256D.045; 256L.01, subdivisions 1a, 4, 5; 256L.03, subdivisions 1, 3, 5, by adding a subdivision; 256L.04, subdivisions 1, 2, 8, by adding subdivisions; 256L.05, subdivisions 2, 3, 3a, 5; 256L.06, subdivision 3; 256L.07, subdivisions 1, 3, by adding a subdivision; 256L.09, subdivision 2; 256L.11, subdivision 6; 256L.12, subdivision 6, by adding a subdivision; 256L.15, subdivisions 2, 3; 326.42, subdivision 2; 471.61, by adding a subdivision; 514.981, subdivision 6; Laws 2003, First Special Session chapter 14, article 12, section 93; proposing coding for new law in Minnesota Statutes, chapters 62J; 144; 145; 245A; 256B; 501B; repealing Minnesota Statutes 2004, sections 13.383, subdivision 3; 13.411, subdivision 3; 144.1486; 144.1502; 145.925; 146A.01, subdivisions 2, 5; 146A.02; 146A.03; 146A.04; 146A.05; 146A.06; 146A.07; 146A.08; 146A.09; 146A.10; 157.215; 256.955; 256B.075, subdivision 5; 256L.035; 256L.04, subdivisions 7, 11; 256L.09, subdivisions 1, 4, 5, 6, 7; 295.581; Minnesota Rules, parts 4700.1900; 4700.2000; 4700.2100; 4700.2200; 4700.2210; 4700.2300; 4700.2400; 4700.2410; 4700.2420; 4700.2500.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

Bradley moved that the House refuse to concur in the Senate amendments to H. F. No. 1422, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

 

 

Mr. Speaker:

 

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

 

S. F. No. 4.

 

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

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. NO. 4

 

A bill for an act relating to agriculture; increasing minimum ethanol content required for gasoline sold in the state; establishing a petroleum replacement goal; amending Minnesota Statutes 2004, section 239.791, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 239.

 

May 2, 2005

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 4, report that we have agreed upon the items in dispute and recommend as follows:


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3481

That the House recede from its amendments and that S. F. No. 4 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2004, section 239.791, subdivision 1, is amended to read:

 

Subdivision 1. [MINIMUM ETHANOL CONTENT REQUIRED.] (a) Except as provided in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline sold or offered for sale in Minnesota must contain at least 10.0 percent denatured ethanol by volume.

 

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), a gasoline/ethanol blend will be construed to be in compliance if the ethanol content, exclusive of denaturants and permitted contaminants, comprises not less than 9.2 percent by volume and not more than 10.0 percent by volume of the blend as determined by an appropriate United States Environmental Protection Agency or American Society of Testing Materials standard method of analysis of alcohol/ether content in motor fuels.

 

(c) The provisions of this subdivision are suspended during any period of time that subdivision 1a, paragraph (a), is in effect.

 

Sec. 2. Minnesota Statutes 2004, section 239.791, is amended by adding a subdivision to read:

 

Subd. 1a. [MINIMUM ETHANOL CONTENT REQUIRED.] (a) Except as provided in subdivisions 10 to 14, on August 30, 2013, and thereafter, a person responsible for the product shall ensure that all gasoline sold or offered for sale in Minnesota must contain at least 20 percent denatured ethanol by volume.

 

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), a gasoline/ethanol blend will be construed to be in compliance if the ethanol content, exclusive of denaturants and permitted contaminants, comprises not less than 18.4 percent by volume and not more than 20 percent by volume of the blend as determined by an appropriate United States Environmental Protection Agency or American Society of Testing Materials standard method of analysis of alcohol content in motor fuels.

 

(c) No motor fuel shall be deemed to be a defective product by virtue of the fact that the motor fuel is formulated or blended pursuant to the requirements of paragraph (a) under any theory of liability except for simple or willful negligence or fraud. This paragraph does not preclude an action for negligent, fraudulent, or willful acts. This paragraph does not affect a person whose liability arises under chapter 115, water pollution control; 115A, waste management; 115B, environmental response and liability; 115C, leaking underground storage tanks; or 299J, pipeline safety; under public nuisance law for damage to the environment or the public health; under any other environmental or public health law; or under any environmental or public health ordinance or program of a municipality as defined in section 466.01.

 

(d) This subdivision expires on December 31, 2010, if by that date:

 

(1) the commissioner of agriculture certifies and publishes the certification in the State Register that at least 20 percent of the volume of gasoline sold in the state is denatured ethanol; or

 

(2) federal approval has not been granted for the use of E20 as gasoline. The United States Environmental Protection Agency's failure to act on an application shall not be deemed approval of the use of E20, or a waiver under section 211(f)(4) of the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3482

Sec. 3. [239.7911] [PETROLEUM REPLACEMENT PROMOTION.]

 

Subdivision 1. [PETROLEUM REPLACEMENT GOAL.] The petroleum replacement goal of the state of Minnesota is that at least 20 percent of the liquid fuel sold in the state is derived from renewable sources by December 31, 2015.

 

Subd. 2. [PROMOTION OF RENEWABLE LIQUID FUELS.] (a) The commissioner of agriculture, in consultation with the commissioners of commerce and the Pollution Control Agency, shall identify and implement activities necessary for the widespread use of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing through 2015, the commissioners, or their designees, shall work with representatives from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine manufacturers, and other interested groups, to develop annual recommendations for administrative and legislative action.

 

(b) The activities of the commissioners under this subdivision shall include, but not be limited to:

 

(1) developing recommendations for incentives for retailers to install equipment necessary for dispensing renewable liquid fuels to the public;

 

(2) obtaining federal approval for the use of E20 as gasoline;

 

(3) developing recommendations for ensuring that motor vehicles and small engine equipment have access to an adequate supply of fuel;

 

(4) working with the owners and operators of large corporate automotive fleets in the state to increase their use of renewable fuels; and

 

(5) working to maintain an affordable retail price for liquid fuels.

 

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

 

Sec. 4. [REPORT ON E20 FUEL.]

 

The commissioner of agriculture, in consultation with the commissioners of employment and economic development and the Pollution Control Agency, shall review the information and data collected in the evaluation of any federal waiver request for the use of E20 fuel in Minnesota. The commissioner shall use existing budgetary and staff resources in conducting the review. The review must include:

 

(1) issues involving the use of E20 fuel if such fuel is mandated in Minnesota;

 

(2) effects of E20 on development of Minnesota's ethanol industry; and

 

(3) effects of E20 on Minnesota consumers.

 

The commissioner shall present an initial report to the legislative committees having jurisdiction over agriculture and environment policy and finance on the findings of the review to the legislature by January 15, 2009, and present an updated report to those committees on January 15, 2011.

 

Sec. 5. [SMALL ENGINE REPORT.]

 

The commissioner of commerce, in consultation with the commissioner of agriculture, shall:


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3483

(1) solicit information from national experts and stakeholders, which may include the United States Consumer Product Safety Commission, and review scientific studies on the use of E20 gasoline in motorcycles, outboard engines, snowmobiles, lawn and garden products, and other consumer equipment powered by small spark-ignited engines;

 

(2) inventory and assess the availability of gasoline not blended with ethanol throughout the state for exempt uses under Minnesota Statutes, section 239.791, subdivisions 10 to 14, and make recommendations for addressing those areas in which the commissioner finds unblended gasoline is not readily available to consumers;

 

(3) develop recommendations for notifying consumers as to the availability of gasoline not blended with ethanol in the state, and the appropriate use of gasoline blended with ethanol in small spark-ignited engines found in motorcycles, outboard engines, snowmobiles, and lawn and garden products; and

 

(4) by January 15, 2008, report to the agriculture and environmental policy committees of the house of representatives and senate on information and activities required under clauses (1) to (3)."

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "requiring studies and reports;"

 

 

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

 

Senate Conferees: Dallas C. Sams, Jim Vickerman and Steve Dille.

 

House Conferees: Gregory M. Davids, Rod Hamilton and Al Juhnke.

 

 

Davids moved that the report of the Conference Committee on S. F. No. 4 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

S. F. No. 4, A bill for an act relating to agriculture; increasing minimum ethanol content required for gasoline sold in the state; establishing a petroleum replacement goal; amending Minnesota Statutes 2004, section 239.791, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 239.

 

 

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

 

The question was taken on the repassage of the bill and the roll was called. There were 100 yeas and 32 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Cornish

Cox

Davids

Dean

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Heidgerken

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kelliher

Knoblach

Koenen


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3484

Lanning

Larson

Latz

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Opatz

Otremba

Ozment

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Simon

Simpson

Slawik

Soderstrom

Solberg

Sykora

Thissen

Tingelstad

Urdahl

Walker

Wardlow

Welti

Westerberg

Westrom

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abrams

Anderson, B.

Buesgens

Charron

Cybart

Davnie

DeLaForest

Dittrich

Emmer

Hausman

Hilstrom

Holberg

Hoppe

Kahn

Klinzing

Kohls

Krinkie

Lenczewski

Lesch

Mariani

Olson

Paulsen

Paymar

Peppin

Powell

Ruud

Sieben

Smith

Thao

Vandeveer

Wagenius

Wilkin


 

 

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

 

 

FISCAL CALENDAR

 

 

Pursuant to rule 1.22, Knoblach requested immediate consideration of H. F. No. 1420.

 

 

H. F. No. 1420 was reported to the House.

 

 

Ozment moved to amend H. F. No. 1420, the fourth engrossment, as follows:

 

Page 39, lines 29 and 32, reinstate the stricken "constables" and delete "peace officers"

 

Page 40, lines 10 and 13, reinstate the stricken "constables" and delete "peace officers"

 

Page 40, line 11, strike "or" and insert a comma and after "municipality" insert ", or security guard as defined in section 626.88"

 

 

The motion prevailed and the amendment was adopted.

 

 

Peterson, A., moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 3, line 18, delete "4,467,000" and insert "4,587,000" and delete "4,197,000" and insert "4,317,000"

 

Page 3, line 32, delete the first "$80,000" and insert "$200,000" and delete the second "$80,000" and insert "$200,000"

 

Page 5, line 17, delete "6,420,000" and insert "6,300,000" and delete "7,424,000" and insert "7,304,000"


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3485

Page 6, after line 8, insert:

 

"The commissioner is instructed to implement administrative staff cost reductions of not less than $120,000 the first year and $120,000 the second year."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Peterson, A., amendment and the roll was called. There were 63 yeas and 68 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Davnie

Dill

Dittrich

Dorn

Eken

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Otremba moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 52, delete lines 32 to 34

 

 

The motion prevailed and the amendment was adopted.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3486

Mariani; Peterson, A.; Otremba and Fritz moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Pages 61 to 65, delete sections 84 to 86

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Mariani et al amendment and the roll was called. There were 63 yeas and 69 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Bernardy

Carlson

Cox

Davnie

Dill

Dittrich

Dorn

Eken

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker


 

 

Those who voted in the negative were:

 


Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Johnson, J.

Juhnke

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

Marquart

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Poppe

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Moe moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 61, line 29, delete "any member" and insert "a majority of the members"

 

Page 64, line 25, delete "any member" and insert "a majority of the members"

 

 

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


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3487

Ruth, Cornish, Urdahl, Ozment, Gunther, Lieder, Juhnke, Blaine and Penas moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 51, after line 18, insert:

 

"Sec. 69. Minnesota Statutes 2004, section 223.17, subdivision 6, is amended to read:

 

Subd. 6. [FINANCIAL STATEMENTS.] For the purpose of fixing or changing the amount of a required bond or for any other proper reason, the commissioner shall require an annual financial statement from a licensee which has been prepared in accordance with generally accepted accounting principles and which meets the following requirements:

 

(a) The financial statement shall include, but not be limited to the following: (1) a balance sheet; (2) a statement of income (profit and loss); (3) a statement of retained earnings; (4) a statement of changes in financial position; and (5) a statement of the dollar amount of grain purchased in the previous fiscal year of the grain buyer.

 

(b) The financial statement shall be accompanied by a reviewed financial statement or audit prepared by an independent public accountant or a compilation report prepared by a grain commission firm approved by the commissioner, in accordance with standards established by the American Institute of Certified Public Accountants. Grain buyers purchasing less than 150,000 bushels of grain per calendar year may submit a compiled financial statement prepared by an independent public accountant.

 

(c) The financial statement shall be accompanied by a certification by the chief executive officer or the chief executive officer's designee of the licensee, under penalty of perjury, that the financial statement accurately reflects the financial condition of the licensee for the period specified in the statement.

 

Only one financial statement must be filed for a chain of warehouses owned or operated as a single business entity, unless otherwise required by the commissioner. Any grain buyer having a net worth in excess of $500,000,000 need not file the financial statement required by this subdivision but must provide the commissioner with a certified net worth statement. All financial statements filed with the commissioner are private or nonpublic data as provided in section 13.02."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

Johnson, R., moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 61, line 23, after "recommendations" insert "on the environmental or agricultural effects from specific provisions in the ordinance"

 

Page 61, line 27, after the first comma insert "social,"

 

Page 64, line 19, after "recommendations" insert "on the environmental or agricultural effects from specific provisions in the ordinance"

 

Page 64, line 23, after the first comma insert "social,"

 

 

A roll call was requested and properly seconded.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3488

The question was taken on the Johnson, R., amendment and the roll was called. There were 64 yeas and 68 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Cox

Davnie

Dill

Dittrich

Dorn

Eken

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

Marquart

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

The Speaker called Emmer to the Chair.

 

 

Eken moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 48, after line 31, insert:

 

"Sec. 66. Minnesota Statutes 2004, section 116.07, subdivision 7a, is amended to read:

 

Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT PERMIT.] (a) A person who applies to the Pollution Control Agency or a county board for a permit to construct or expand a feedlot with a capacity of 500 animal units or more shall, within ten days of applying for the permit and not less than 20 business days before the date on which a permit is issued, provide notice to each resident and each owner of real property within 5,000 feet of the perimeter of the proposed feedlot. The notice may be delivered by first class mail, or in person, or by the publication in a newspaper the local newspapers of general circulation within the affected area and must include


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3489

information on the type of livestock and the proposed capacity of the feedlot. Notification under this subdivision is satisfied under an equal or greater notification requirement of a county conditional use permit. A person must also send a copy of the notice by first class mail to the clerk of the township in which the feedlot is proposed within ten days of applying for the permit and not less than 20 business days before the date on which a permit is issued.

 

(b) The agency or a county board must verify that notice was provided as required under paragraph (a) prior to issuing a permit."

 

Renumber the sections in sequence and correct internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

Ozment moved to amend the Eken amendment to H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 1, lines 14 and 15, delete the new language and reinstate the stricken language

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the amendment to the amendment and the roll was called. There were 69 yeas and 63 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Johnson, J.

Juhnke

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

Marquart

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Opatz

Ozment

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Severson

Simpson

Smith

Soderstrom

Solberg

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Davnie

Dill

Dittrich

Dorn

Eken

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Moe

Mullery

Murphy

Nelson, M.

Otremba

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3490

Rukavina

Ruud

Sailer

Scalze

Seifert

Sertich

Sieben

Simon

Slawik

Thao

Thissen

Wagenius

Walker

Welti

Westrom


 

 

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

 

 

Blaine moved to amend the Eken amendment, as amended, to H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 1, line 10, delete the new language

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 66 yeas and 65 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Nelson, P.

Newman

Nornes

Olson

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Davnie

Dill

Dittrich

Dorn

Eken

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Meslow

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

The motion prevailed and the amendment to the amendment, as amended, was adopted.

 

 

The Speaker resumed the Chair.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3491

Eken further modified his amendment, as amended, to H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 1, line 15, strike "a" and insert "the official" and after "newspaper" insert "of the affected townships"

 

 

The question recurred on the Eken amendment, as amended, and the roll was called. There were 113 yeas and 18 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Brod

Carlson

Charron

Cornish

Cox

Davids

Davnie

DeLaForest

Dempsey

Dill

Dittrich

Dorn

Eastlund

Eken

Emmer

Entenza

Erhardt

Finstad

Fritz

Gazelka

Greiling

Gunther

Hackbarth

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

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson, A.

Peterson, S.

Poppe

Powell

Rukavina

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom


 

 

Those who voted in the negative were:

 


Bradley

Buesgens

Cybart

Dean

Demmer

Dorman

Erickson

Garofalo

Hamilton

Holberg

Magnus

Peppin

Peterson, N.

Ruth

Vandeveer

Wilkin

Zellers

Spk. Sviggum


 

 

The motion prevailed and the amendment, as amended, was adopted.

 

 

Hansen, Ozment and Juhnke moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 67, line 12, delete "and"

 

Page 67, line 16, delete the period and insert "; and

 

(4) methods of inspection and monitoring for compliance with fertilizer regulations to protect against the theft of anhydrous ammonia for production of methamphetamine."

 

 

The motion prevailed and the amendment was adopted.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3492

Atkins and Urdahl moved to amend H. F. No. 1420, the fourth engrossment, as amended, as follows:

 

Page 65, line 28, delete the first comma and insert "or"

 

Page 65, lines 28 and 29, delete ", or a health condition associated with weight gain or obesity and"

 

Page 66, lines 4 and 5, delete ", if the violation is knowing and willful,"

 

Page 66, delete lines 7 to 9

 

 

The motion prevailed and the amendment was adopted.

 

 

H. F. No. 1420, A bill for an act relating to agriculture; appropriating money for agricultural purposes; establishing and modifying certain programs; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; providing for the issuance of state bonds; amending Minnesota Statutes 2004, sections 13.643, by adding a subdivision; 17.03, subdivision 13; 17.117, subdivision 11, by adding a subdivision; 17.452, by adding a subdivision; 17.982, subdivision 1; 17.983, subdivisions 1, 3; 17B.03, subdivision 1; 18B.08, subdivision 4; 18B.26, subdivision 3; 18B.31, subdivision 5; 18B.315, subdivision 6; 18B.32, subdivision 6; 18B.33, subdivision 7; 18B.34, subdivision 5; 18C.141, subdivisions 1, 3, 5; 18C.425, subdivision 6; 18E.03, subdivision 2; 18G.03, subdivision 1; 18G.10, subdivisions 5, 7; 18H.02, subdivisions 21, 22, 23, 32, 34, by adding a subdivision; 18H.05; 18H.06; 18H.07, subdivisions 1, 2, 3; 18H.09; 18H.13, subdivision 1; 18H.15; 18H.18, subdivision 1; 19.64, subdivision 1; 25.341, subdivision 2; 25.39, subdivisions 1, 4; 31.94; 35.02, subdivision 1; 35.03; 35.05; 35.155; 38.01; 38.16; 41A.09, subdivisions 2a, 3a; 41B.046, subdivision 5; 41B.049, subdivisions 2, 4; 116.07, subdivision 7a; 174.52, subdivision 5; 223.17, subdivisions 3, 6; 231.08, by adding subdivisions; 231.09; 231.11; 231.16; 231.18, subdivisions 3, 5; 232.22, subdivision 3; 236.02, subdivision 4; 327.23, subdivision 2, by adding a subdivision; 394.25, subdivision 3c; 462.355, subdivision 4; 462.357, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16C; 25; 35; 41B; 156; 231; 583; 604; repealing Minnesota Statutes 2004, sections 17.451; 17.452, subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, 16; 17.983, subdivision 2; 18B.065, subdivision 5; 18H.02, subdivisions 15, 19; 19.64, subdivision 4a; 35.0661, subdivision 4; 41B.046, subdivision 3; Laws 1986, chapter 398, article 1, section 18, as amended; Minnesota Rules, parts 1560.7700; 1560.7750; 1560.7800; 1560.7850; 1560.7900; 1560.8000; 1560.8100; 1560.8200; 1560.8300; 1560.8400; 1560.8500; 1560.8600; 1560.8700; 1560.8800.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 104 yeas and 27 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Emmer

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Hansen

Heidgerken

Hilty

Holberg

Hoppe

Hosch

Howes

Johnson, J.

Johnson, R.

Juhnke

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lieder

Lillie

Magnus

Marquart

McNamara


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3493

Meslow

Moe

Murphy

Nelson, P.

Newman

Nornes

Olson

Opatz

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Carlson

Davnie

Entenza

Greiling

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Jaros

Johnson, S.

Kahn

Kelliher

Lesch

Liebling

Loeffler

Mahoney

Mariani

Mullery

Nelson, M.

Otremba

Peterson, A.

Sieben

Thao

Thissen

Wagenius

Walker


 

 

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

 

 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1481:

 

Seifert, DeLaForest, Blaine, Hilty and Solberg.

 

 

FISCAL CALENDAR

 

 

Pursuant to rule 1.22, Knoblach requested immediate consideration of H. F. No. 902.

 

 

H. F. No. 902 was reported to the House.

 

 

Ozment moved to amend H. F. No. 902, the fourth engrossment, as follows:

 

Page 49, after line 32, insert:

 

"(d) Off-highway motorcycles operating in closed course competition events are excluded from the requirements of this subdivision."

 

 

The motion prevailed and the amendment was adopted.

 

 

Ozment moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 104, line 36, after "in" insert "each of the months of"


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3494

Page 105, line 2, after "water" insert "and community public water supply"

 

 

The motion prevailed and the amendment was adopted.

 

 

Juhnke, Ozment, Hosch and Heidgerken moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 71, after line 8, insert:

 

"Sec. 52. Minnesota Statutes 2004, section 85.015, subdivision 5, is amended to read:

 

Subd. 5. [GLACIAL LAKES TRAIL, KANDIYOHI, POPE, AND DOUGLAS COUNTIES.] (a) The trail shall originate at Kandiyohi County Park on the north shore of Green Lake in Kandiyohi County and thence extend northwesterly to Sibley State Park, thence northwesterly to Glacial Lakes State Park in Pope County, thence northeasterly to Lake Carlos State Park in Douglas County, and there terminate.

 

(b) Trails may be established that extend the Glacial Lakes Trail system from New London to Cold Spring.

 

(c) The trail shall be developed primarily for riding and hiking."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

Hackbarth, Dill and Howes moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 11, line 4, delete "5,724,000" and insert "8,724,000"

 

Page 11, line 5, delete "5,724,000" and insert "8,724,000"

 

Page 55, line 5, after "grants-in-aid" insert ", trail maintenance, grooming,"

 

Page 57, delete section 39

 

Adjust totals accordingly

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3495

Cox moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 11, delete line 62

 

Page 12, delete lines 1 to 6

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Cox amendment and the roll was called. There were 54 yeas and 78 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Atkins

Bernardy

Carlson

Cox

Davnie

DeLaForest

Dittrich

Dorn

Ellison

Entenza

Erhardt

Goodwin

Greiling

Hansen

Hausman

Hilty

Hoppe

Hornstein

Hortman

Huntley

Johnson, R.

Johnson, S.

Kahn

Kelliher

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Meslow

Mullery

Nelson, M.

Opatz

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Ruud

Scalze

Sieben

Simon

Thao

Thissen

Wagenius

Walker

Welti


 

 

Those who voted in the negative were:

 


Anderson, B.

Anderson, I.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

Demmer

Dempsey

Dill

Dorman

Eastlund

Eken

Emmer

Erickson

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hosch

Howes

Jaros

Johnson, J.

Juhnke

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Magnus

Marquart

McNamara

Moe

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Rukavina

Ruth

Sailer

Samuelson

Seifert

Sertich

Severson

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Cox moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 44, after line 17, insert:

 

"Sec. 19. Minnesota Statutes 2004, section 84.773, is amended by adding a subdivision to read:

 

Subd. 1a. [MUFFLERS.] (a) No person shall operate an off-highway vehicle unless it is equipped with a muffler having a spark arrestor approved by the United States Forest Service as described under Code of Federal Regulations, title 36, section 261.52, paragraph (j).


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3496

(b) Off-highway vehicles shall not be sold, offered for sale, or operated in this state unless equipped so that overall noise emission does not exceed a sound level limitation of not more than 96 decibels on the A scale from a distance of 20 inches using test procedures and instrumentation as set forth in the Society of Automotive Engineers' Standard, SAE J1287, June 1988, or, if different procedures or instrumentation are used, a noise level equivalent to that level.

 

(c) No noise suppressing system or muffler on an off-highway vehicle shall be equipped with a cutout, bypass, or similar device and no person shall modify or alter that system or its operation in any manner that will amplify or increase the noise emitted by the vehicle's motor to exceed the noise limits established in this subdivision, except for organized events as authorized by sections 84.795, subdivision 7; 84.804, subdivision 5; and 84.928, subdivision 5."

 

Renumber the sections in sequence and correct internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Cox amendment and the roll was called. There were 43 yeas and 89 nays as follows:

 

Those who voted in the affirmative were:

 


Carlson

Cox

Davnie

Dempsey

Ellison

Entenza

Erhardt

Greiling

Hansen

Hausman

Hornstein

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Mullery

Nelson, M.

Newman

Paymar

Pelowski

Peterson, S.

Poppe

Ruud

Scalze

Sieben

Slawik

Thao

Thissen

Wagenius

Walker

Welti


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Emmer

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Gunther

Hackbarth

Hamilton

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Johnson, J.

Juhnke

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Magnus

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, P.

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Penas

Peppin

Peterson, A.

Peterson, N.

Powell

Rukavina

Ruth

Sailer

Samuelson

Seifert

Sertich

Severson

Simon

Simpson

Smith

Soderstrom

Solberg

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3497

The Speaker called Opatz to the Chair.

 

 

Westrom, Magnus and Rukavina moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 126, line 34, after the period, insert "In the event a boat trailer is forfeited, the proceeds of the sale must be transferred to the court with jurisdiction over the designated offense for the purpose of paying fines or restitution on behalf of the defendant."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Westrom et al amendment and the roll was called. There were 53 yeas and 79 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, I.

Atkins

Beard

Bradley

Brod

Charron

Demmer

Dempsey

Dill

Dittrich

Ellison

Finstad

Fritz

Hamilton

Hansen

Holberg

Hosch

Howes

Jaros

Juhnke

Knoblach

Koenen

Krinkie

Lanning

Latz

Magnus

Marquart

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Pelowski

Peterson, A.

Rukavina

Sailer

Samuelson

Seifert

Sertich

Simpson

Soderstrom

Solberg

Sykora

Tingelstad

Vandeveer

Westerberg

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Abrams

Bernardy

Blaine

Buesgens

Carlson

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Dorman

Dorn

Eastlund

Eken

Emmer

Entenza

Erhardt

Erickson

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hausman

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Huntley

Johnson, J.

Johnson, R.

Johnson, S.

Kahn

Kelliher

Klinzing

Kohls

Larson

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

McNamara

Meslow

Moe

Mullery

Murphy

Paulsen

Paymar

Penas

Peppin

Peterson, N.

Peterson, S.

Poppe

Powell

Ruth

Ruud

Scalze

Severson

Sieben

Simon

Slawik

Smith

Thao

Thissen

Urdahl

Wagenius

Walker

Wardlow

Welti

Wilkin


 

 

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

 

 

Rukavina moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 10, after line 33, insert:


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3498

"At least 50 percent of any full-time equivalent reductions in the forestry division must be made in the St. Paul office. This requirement may not be met by leaving vacancies unfilled."

 

 

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

 

 

The Speaker resumed the Chair.

 

 

Anderson, B., moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 117, line 10, after the period insert:

 

"No money may be distributed by the council under this section until the amount and the recipient of each proposed distribution are specified in a law passed by the legislature and signed by the governor."

 

 

Solberg and Juhnke moved to amend the Anderson, B., amendment to H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 1, after line 7, insert:

 

"Pages 112 to 114, delete sections 128 to 130

 

Page 114, line 14, delete "11" and insert "21"

 

Page 114, line 15, after "members" insert ", 7 citizens and 7 members each from the senate and house of representatives"

 

Page 114, line 16, after "Each" insert "citizen"

 

Page 114, line 18, delete "six" and insert "four"

 

Page 114, line 22, delete "prospective" and insert "citizen"

 

Page 114, line 25, delete "Prior"

 

Page 114, delete lines 26 to 28

 

Page 114, after line 28, insert:

 

"(c) The legislative members of the council must consist of the chairs of the house and senate committees on environment and natural resources or designees appointed for the terms of the chairs, the chairs of the house and senate committees on environment and natural resources finance or designees appointed for the terms of the chairs, the chairs of the house and senate committees on governmental operations or designees appointed for the terms of the chairs, the chairs of the house Ways and Means and Senate Finance Committees or designees appointed for the terms of the chairs, three minority members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, and three minority members of the house appointed by the speaker.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3499

Members are entitled to reimbursement for per diem expenses plus travel expenses incurred in the services of the commission."

 

Page 114, line 29, delete "(c)" and insert "(d)"

 

Page 114, line 32, delete "eight" and insert "twelve"

 

Page 114, line 34, delete "governor" and insert "council members"

 

Page 115, line 12, delete "eight" and insert "twelve"

 

Page 116, delete lines 2 to 14 and renumber subdivisions

 

Pages 116 to 118, delete sections 133 to 135

 

Pages 118 and 119, delete section 137

 

Page 119, delete lines 19 to 21

 

Page 120, line 34, strike "peer review panelist"

 

Page 121, line 8, delete the colon and insert "does not comply with Minnesota Statutes, section 10A.07."

 

Page 121, delete lines 9 to 23

 

Page 121, delete the new language on lines 35 and 36

 

Page 122, delete line 1"

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the amendment to the amendment and the roll was called. There were 69 yeas and 63 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, I.

Atkins

Bernardy

Carlson

Davnie

Dill

Dittrich

Dorman

Dorn

Eken

Ellison

Entenza

Erhardt

Fritz

Goodwin

Greiling

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

Those who voted in the negative were:

 


Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Eastlund

Emmer


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3500

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Anderson, B., requested that his amendment, as amended, to H. F. No. 902, the fourth engrossment, as amended, be withdrawn. The request was granted.

 

 

Emmer moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 47, delete section 22

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Emmer amendment and the roll was called. There were 45 yeas and 87 nays as follows:

 

Those who voted in the affirmative were:

 


Abrams

Anderson, B.

Blaine

Bradley

Brod

Buesgens

Charron

Cybart

Davids

Dean

DeLaForest

Demmer

Dorman

Emmer

Erickson

Finstad

Gazelka

Gunther

Hamilton

Holberg

Hoppe

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Magnus

Newman

Olson

Paulsen

Peppin

Powell

Ruth

Samuelson

Seifert

Severson

Soderstrom

Sykora

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abeler

Anderson, I.

Atkins

Beard

Bernardy

Carlson

Cornish

Cox

Davnie

Dempsey

Dittrich

Dorn

Eastlund

Eken

Ellison

Entenza

Erhardt

Fritz

Garofalo

Goodwin

Greiling

Hackbarth

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3501

Mullery

Murphy

Nelson, M.

Nelson, P.

Nornes

Opatz

Otremba

Ozment

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Simpson

Slawik

Smith

Solberg

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Welti


 

 

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

 

 

The Speaker called Abrams to the Chair.

 

 

Hackbarth moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 114, line 13, delete everything after "created" and insert "as an advisory council under section 15.059. The council shall consist of eight citizen members and eight legislative members. The legislative members shall consist of the chairs and ranking members of the committees of the house of representatives and the senate with jurisdiction over environment and natural resources policy and finance, or their designees."

 

Page 114, delete line 14

 

Page 114, line 15, delete "members."

 

Page 114, line 15, after "of" insert "citizens"

 

Page 114, line 16, after "Each" insert "citizens"

 

Page 114, line 18, delete "six" and insert "four"

 

Page 114, line 19, delete "at least"

 

Page 114, line 22, after "prospective" insert "citizen"

 

Page 114, line 30, after the first "of" insert "citizens"

 

Page 114, line 31, delete "15.0575" and insert "15.059" and after the period, insert "This advisory council does not expire." and after "A" insert "citizen"

 

Page 114, line 32, delete "eight" and insert "twelve"

 

Page 114, line 34, after "a" insert "citizen"

 

Page 115, line 12, delete "eight" and insert "twelve"

 

Page 116, line 30, delete everything after "(a)" and insert "For the fiscal biennium beginning July 1, 2007, and each biennium thereafter, the amount of the environment and natural resources trust fund that is available for appropriation under the terms of the Minnesota Constitution, article XI, section 14, shall be appropriated by a law passed by the legislature and signed by the governor to the commissioner of finance for expenditures to be made


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3502

according to the provisions of this paragraph. The council shall submit its recommendations under section 116P.08, subdivision 3. The governor shall approve or disapprove each council recommendation. The commissioner of finance shall allocate and expend funds for the council recommendations that the governor has approved, in accordance with the terms of the approved recommendation."

 

Page 116, delete lines 31 to 36

 

Page 117, delete line 1

 

Page 117, line 31, delete "decisions" and insert "recommendations to the governor"

 

Page 156, line 25, after "chair" insert "and one member"

 

Page 156, line 26, delete "three" and insert "two"

 

Page 156, line 27, delete "three" and insert "two" and after the semicolon, insert "and"

 

Page 156, line 28, delete "; and" and insert a period

 

Page 156, delete line 29

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Hackbarth amendment and the roll was called. There were 62 yeas and 70 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Meslow

Nelson, P.

Nornes

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Davnie

DeLaForest

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Erhardt

Fritz

Goodwin

Greiling

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Newman

Olson

Opatz

Otremba

Paymar

Pelowski

Peterson, A.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3503

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

 

 

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

 

 

The Speaker resumed the Chair.

 

 

Heidgerken and Urdahl moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Page 10, line 38, delete "19,279,000" in both places, and insert "22,579,000" in both places

 

Page 10, line 39, delete "13,336,000" and insert "17,488,000" and delete "13,424,000" and insert "17,576,000"

 

Page 10, after line 52, insert:

 

"$3,300,000 from the general fund and $4,152,000 from the natural resources fund in each year of the 2006-2007 biennium are for grants to local units of government for the acquisition and operation of regional parks outside of the seven county metropolitan area."

 

Page 18, delete lines 17 to 33

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Heidgerken and Urdahl amendment and the roll was called. There were 40 yeas and 91 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Brod

Demmer

Dempsey

Dill

Dorman

Eken

Emmer

Erickson

Finstad

Hamilton

Heidgerken

Hosch

Juhnke

Knoblach

Koenen

Lanning

Liebling

Magnus

Marquart

Moe

Newman

Nornes

Olson

Opatz

Otremba

Peterson, A.

Poppe

Rukavina

Ruth

Sailer

Seifert

Sertich

Severson

Simpson

Soderstrom

Urdahl

Welti

Westrom

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Beard

Bernardy

Blaine

Bradley

Buesgens

Carlson

Charron

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Dittrich


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3504

Dorn

Eastlund

Ellison

Entenza

Erhardt

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Kahn

Kelliher

Klinzing

Kohls

Krinkie

Larson

Latz

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Mahoney

Mariani

McNamara

Meslow

Mullery

Murphy

Nelson, M.

Nelson, P.

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, N.

Peterson, S.

Powell

Ruud

Samuelson

Scalze

Sieben

Simon

Slawik

Smith

Sykora

Thao

Thissen

Tingelstad

Vandeveer

Wagenius

Walker

Wardlow

Westerberg

Wilkin

Zellers


 

 

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

 

 

Solberg and Juhnke moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Pages 112 to 114, delete sections 128 to 130

 

Page 114, line 14, delete "11" and insert "21"

 

Page 114, line 15, after "members" insert ", 7 citizens and 7 members each from the senate and house of representatives"

 

Page 114, line 16, after "Each" insert "citizen"

 

Page 114, line 18, delete "six" and insert "four"

 

Page 114, line 22, delete "prospective" and insert "citizen"

 

Page 114, line 25, delete "Prior"

 

Page 114, delete lines 26 to 28

 

Page 114, after line 28, insert:

 

"(c) The legislative members of the council must consist of the chairs of the house and senate committees on environment and natural resources or designees appointed for the terms of the chairs, the chairs of the house and senate committees on environment and natural resources finance or designees appointed for the terms of the chairs, the chairs of the house and senate committees on governmental operations or designees appointed for the terms of the chairs, the chairs of the house Ways and Means and Senate Finance Committees or designees appointed for the terms of the chairs, three minority members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, and three minority members of the house appointed by the speaker.

 

Members are entitled to reimbursement for per diem expenses plus travel expenses incurred in the services of the commission."

 

Page 114, line 29, delete "(c)" and insert "(d)"

 

Page 114, line 32, delete "eight" and insert "twelve"


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3505

Page 114, line 34, delete "governor" and insert "council members"

 

Page 115, line 12, delete "eight" and insert "twelve"

 

Page 116, delete lines 2 to 14 and renumber subdivisions

 

Pages 116 to 118, delete sections 133 to 135

 

Pages 118 and 119, delete section 137

 

Page 119, delete lines 19 to 21

 

Page 120, line 34, strike "peer review panelist"

 

Page 121, line 8, delete the colon and insert "does not comply with Minnesota Statutes, section 10A.07."

 

Page 121, delete lines 9 to 23

 

Page 121, delete the new language on lines 35 and 36

 

Page 122, delete line 1

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Solberg and Juhnke amendment and the roll was called. There were 66 yeas and 66 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Bernardy

Carlson

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Erhardt

Fritz

Goodwin

Greiling

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

Those who voted in the negative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dorman

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Meslow

Nelson, P.

Newman

Nornes

Olson

Ozment

Paulsen

Penas

Peppin

Peterson, N.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3506

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Cox moved to amend H. F. No. 902, the fourth engrossment, as amended, as follows:

 

Pages 152 and 153, delete section 163

 

Renumber the sections in sequence and correct internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Cox amendment and the roll was called. There were 56 yeas and 76 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Bernardy

Carlson

Cox

Davnie

Dittrich

Ellison

Entenza

Erhardt

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hoppe

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Larson

Latz

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Meslow

Moe

Mullery

Nelson, M.

Opatz

Paulsen

Paymar

Peterson, A.

Peterson, S.

Poppe

Ruud

Scalze

Sieben

Simon

Slawik

Thao

Thissen

Tingelstad

Wagenius

Walker

Welti


 

 

Those who voted in the negative were:

 


Anderson, B.

Anderson, I.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dill

Dorman

Dorn

Eastlund

Eken

Emmer

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Hilty

Holberg

Hosch

Johnson, J.

Juhnke

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Lieder

Magnus

Marquart

McNamara

Murphy

Nelson, P.

Newman

Nornes

Olson

Otremba

Ozment

Pelowski

Penas

Peppin

Peterson, N.

Powell

Rukavina

Ruth

Sailer

Samuelson

Seifert

Sertich

Severson

Simpson

Smith

Soderstrom

Solberg

Sykora

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3507

H. F. No. 902, A bill for an act relating to state government; appropriating money for environmental and natural resources purposes; establishing and modifying certain programs; reorganizing environmental agencies; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; amending Minnesota Statutes 2004, sections 15.01; 16A.125, subdivision 5; 84.027, subdivisions 12, 15, by adding a subdivision; 84.0274, by adding subdivisions; 84.0911, subdivision 2; 84.631; 84.775, subdivision 1; 84.788, subdivision 3, by adding a subdivision; 84.789, by adding a subdivision; 84.791, subdivisions 1, 2; 84.798, subdivision 1, by adding a subdivision; 84.804, subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.8205, subdivisions 1, 3, 4, 6; 84.83, subdivision 3; 84.86, subdivision 1; 84.91, subdivision 1; 84.922, subdivision 2, by adding a subdivision; 84.925, subdivision 1, by adding a subdivision; 84.9256, subdivision 1; 84.9257; 84.926; 84.928, subdivisions 1, 2; 84D.03, subdivision 4; 85.015, subdivision 5; 85.053, subdivisions 1, 2; 85.055, subdivision 2, by adding a subdivision; 85.42; 85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 88.17, subdivision 1, by adding subdivisions; 88.6435, subdivision 4; 89.039, subdivision 1; 89.19, subdivision 2; 89.36, subdivision 2; 89.37, subdivision 4; 92.03, subdivision 4; 93.22, subdivision 1; 94.342, subdivisions 1, 3, 4, 5; 94.343, subdivisions 1, 3, 7, 8, 10, by adding subdivisions; 94.344, subdivisions 1, 3, 5, 8, 10, by adding a subdivision; 97A.055, subdivision 4b; 97A.061, by adding a subdivision; 97A.071, subdivision 2; 97A.075, subdivision 3; 97A.135, subdivision 2a; 97A.4742, subdivision 4; 97A.485, subdivisions 6, 7; 97A.551, by adding a subdivision; 97B.015, subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 97C.085; 97C.327; 97C.395, subdivision 1; 103F.535, subdivision 1; 103G.271, subdivision 6; 103G.301, subdivision 2; 103G.615, subdivision 2; 103I.681, subdivision 11; 115.06, subdivision 4; 115.551; 115A.03, subdivisions 21, 32a; 115A.06, subdivision 5; 115A.07, subdivision 1; 115A.072, subdivision 1; 115A.12; 115A.15, subdivision 7; 115A.38, subdivision 1; 115A.545, subdivision 1; 115A.929; 116.03, subdivision 1; 116.07, subdivision 4b; 116P.02, by adding a subdivision; 116P.03; 116P.04, subdivision 5; 116P.05, subdivision 2; 116P.07; 116P.08, subdivisions 3, 5, 6, 7, by adding subdivisions; 116P.09; 116P.10; 116P.11; 116P.12, subdivision 2; 116P.15, subdivision 2; 168.1296, subdivision 1; 169A.63, subdivision 6; 216B.2424, subdivisions 1, 2, 5a, 6, 8, by adding a subdivision; 282.08; 282.38, subdivision 1; 296A.18, subdivision 2; 297H.13, subdivision 2; 349.12, subdivision 25; 462.357, subdivision 1e; 473.846; 477A.12, by adding a subdivision; 477A.145; Laws 2003, chapter 128, article 1, section 5, subdivision 6; Laws 2003, chapter 128, article 1, section 9, subdivision 6; Laws 2003, chapter 128, article 1, section 167, subdivision 1; Laws 2004, chapter 220, section 1; proposing coding for new law in Minnesota Statutes, chapters 84; 86B; 92; 93; 97C; 116; 116P; 473; repealing Minnesota Statutes 2004, sections 84.901; 85.054, subdivision 1; 94.343, subdivision 6; 94.344, subdivision 6; 94.348; 94.349; 115A.03, subdivisions 8a, 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 115D.03, subdivision 4; 116.02, subdivision 5; 116.04; 116P.02, subdivisions 2, 4; 116P.05; 116P.06; 116P.08, subdivision 4; 473.197, subdivisions 1, 2, 3, 5; 473.801, subdivision 6.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 68 yeas and 64 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Charron

Cornish

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dill

Dorman

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Johnson, J.

Juhnke

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Magnus

McNamara

Meslow

Nelson, P.

Newman

Nornes

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum



Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3508

Those who voted in the negative were:

 


Anderson, I.

Bernardy

Carlson

Cox

Davnie

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Olson

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Paulsen from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Supplemental Calendar for the Day for Thursday, May 5, 2005:

 

H. F. Nos. 1809 and 1669; S. F. No. 1335; and H. F. No. 987.

 

 

CALENDAR FOR THE DAY

 

 

Paulsen moved that the Calendar for the Day be continued. The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

Davids moved that the name of Poppe be added as an author on H. F. No. 79. The motion prevailed.

 

Cybart moved that the name of Otremba be added as an author on H. F. No. 455. The motion prevailed.

 

Abeler moved that the names of Tingelstad and Samuelson be added as authors on H. F. No. 770. The motion prevailed.

 

Slawik moved that the name of Poppe be added as an author on H. F. No. 976. The motion prevailed.

 

Holberg moved that the name of Erickson be added as an author on H. F. No. 1948. The motion prevailed.

 

Knoblach moved that his name be stricken as an author on H. F. No. 1949. The motion prevailed.

 

Beard moved that his name be stricken as an author on H. F. No. 2481. The motion prevailed.


Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3509

Cornish introduced:

 

House Resolution No. 13, A House resolution recognizing the week of May 15, 2005, as Police Week and May 15, 2005, as Peace Officers Memorial Day.

 

The resolution was referred to the Committee on Rules and Legislative Administration.

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 9:30 a.m., Friday, May 6, 2005. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Friday, May 6, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



Journal of the House - 53rd Day - Thursday, May 5, 2005 - Top of Page 3510