Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6797


 

 

STATE OF MINNESOTA

 

 

EIGHTY-FIFTH SESSION - 2007

 

_____________________

 

SEVENTY-FIRST DAY

 

Saint Paul, Minnesota, Thursday, May 17, 2007

 

 

      The House of Representatives convened at 9:30 a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by the Reverend Paul Rogers, 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

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      The Chief Clerk proceeded to read the Journal of the preceding day. Urdahl 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 - 71st Day - Thursday, May 17, 2007 - Top of Page 6798


      Sertich moved that the House recess subject to the call of the Chair. The motion prevailed.

 

 

RECESS

 

      The House recessed for a brief program to celebrate the Seventeenth of May as Syttende Mai, Norway's Constitution Day.

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Thissen.

 

 

PETITIONS AND COMMUNICATIONS

 

 

      The following communication was received:

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2007 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2007

 

Date Filed

2007

 

       1464                                                  71                                         12:54 p.m. May 15                                    May 15

         585                                                  75                                         12:56 p.m. May 15                                    May 15

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6799


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Severson, Haws, Wardlow, Dettmer and Gottwalt introduced:

 

      H. F. No. 2492, A bill for an act relating to veterans; providing for issuance of certain hunting and fishing licenses to eligible veterans without payment of fees; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 97A; 197.

 

      The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

 

 

      Clark; Walker; Huntley; Murphy, E.; Thao; Abeler; Thissen; Loeffler and Kelliher introduced:

 

      H. F. No. 2493, A bill for an act relating to human services; regulating sober houses; amending Minnesota Statutes 2006, sections 504B.001, subdivision 7; 626.5572, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 254A; 462; 504B.

 

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

 

 

      Severson, Haws, Wardlow, Dettmer and Gottwalt introduced:

 

      H. F. No. 2494, A bill for an act relating to family law; prohibiting a court from considering a parent's military status when determining or modifying a legal or physical custody order for a child or determining or modifying parenting time orders upon a parent's discharge from active military service; amending Minnesota Statutes 2006, sections 257C.04, by adding a subdivision; 518.003, by adding a subdivision; 518.17, subdivisions 1, 2; 518.175, by adding a subdivision; 518.18; proposing coding for new law in Minnesota Statutes, chapter 518.

 

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

 

 

      Kranz, Hortman, Demmer, Tillberry, Moe, Ward and Atkins introduced:

 

      H. F. No. 2495, A bill for an act relating to capital improvements; appropriating money for public ice facilities; authorizing the sale and issuance of state bonds.

 

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

 

 

      Koenen introduced:

 

      H. F. No. 2496, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money to upgrade the electrical system of the Yellow Medicine County Agriculture and Transportation Museum.

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6800


      Eken introduced:

 

      H. F. No. 2497, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article IV, section 9; authorizing a council to establish salaries for legislators; changing the composition of the Citizen Compensation Council; amending Minnesota Statutes 2006, section 15A.082, subdivisions 1, 2, 3.

 

      The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

      Sailer, Howes and Eken introduced:

 

      H. F. No. 2498, A bill for an act relating to capital improvements; appropriating money for renovation of the historic courthouse building in Hubbard County; authorizing the sale and issuance of state bonds.

 

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

 

 

      Atkins introduced:

 

      H. F. No. 2499, A bill for an act relating to telecommunications; providing for uniform regulatory treatment of telecommunications services for business customers; amending Minnesota Statutes 2006, section 237.411, subdivision 3; repealing Minnesota Statutes 2006, section 237.411, subdivision 2.

 

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

 

 

      Buesgens; Hackbarth; Zellers; Anderson, B., and Emmer introduced:

 

      H. F. No. 2500, A bill for an act relating to taxation; temporarily suspending imposition of the gasoline and special fuel tax.

 

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

 

 

      Jaros, Kahn, Erhardt, Pelowski, Huntley and Tschumper introduced:

 

      H. F. No. 2501, A bill for an act relating to game and fish; prohibiting the taking of mourning doves; amending Minnesota Statutes 2006, sections 97A.015, subdivision 24; 97B.731, by adding a subdivision.

 

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

 

 

      Haws introduced:

 

      H. F. No. 2502, A bill for an act relating to taxation; sales tax; providing an exemption for materials and supplies used in the construction of police and fire stations in St. Cloud; amending Minnesota Statutes 2006, section 297A.71, by adding a subdivision.

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6801


FISCAL CALENDAR

 

 

      Pursuant to rule 1.22, Solberg requested immediate consideration of H. F. No. 464.

 

 

      H. F. No. 464 was reported to the House.

 

 

Brynaert, Kahn, Benson, Greiling, Lillie, Norton, McFarlane, Loeffler, Slawik, Ruud and Bunn moved to amend H. F. No. 464, the second engrossment, as follows:

 

Page 2, line 26, before the period, insert ", except as provided in paragraph (k)"

 

Page 3, after line 36, insert:

 

"(k) Notwithstanding paragraph (b), each exclusive representative of an eligible employer that had for fiscal year 2006, 800 or more full-time equivalent employees, shall determine whether the employees it represents will participate in coverage offered by the board and may opt out of coverage by the board under this paragraph. The exclusive representative must exercise this opt-out option on or before July 1, 2008, on a form provided by the board. The employees represented by an exclusive representative that exercises this option are not eligible for coverage under this section for four years after the first date upon which the board provides coverage. An exclusive representative that opts out may elect to have the employees it represents receive coverage provided by the board, beginning after that four-year-period of ineligibility, and the employees represented by that exclusive representative must be pooled and rated separately from other eligible employees for the following four years. For employees of the eligible employer who are not represented by an exclusive representative, the employer has the right to make the decisions described in this paragraph."

 

 

      A roll call was requested and properly seconded.

 

 

      Buesgens moved to amend the Brynaert et al amendment to H. F. No. 464, the second engrossment, as follows:

 

      Page 1, line 5, after "employer" delete "that had for fiscal year 2006, 800 or more full-time equivalent employees,"

 

 

      A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

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

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6802


Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

      Sertich moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

 

 

      The question recurred on the amendment to the amendment and the roll was called. There were 51 yeas and 83 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Buesgens

Davnie

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Faust

Finstad

Gardner

Garofalo

Gottwalt

Hackbarth

Holberg

Hoppe

Kohls

Lenczewski

Lillie

Loeffler

Magnus

Masin

McFarlane

McNamara

Mullery

Nornes

Olin

Olson

Paulsen

Peppin

Peterson, N.

Ruth

Ruud

Seifert

Severson

Shimanski

Simon

Simpson

Smith

Wagenius

Westrom

Winkler

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Dill

Dittrich

Dominguez

Doty

Eken

Fritz

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lanning

Lesch

Liebling

Lieder

Madore

Mahoney

Mariani

Marquart

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Norton

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Slawik

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Walker

Ward

Wardlow

Welti

Wollschlager

Spk. Kelliher


 

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6803


MOTION TO LAY ON THE TABLE

 

      Seifert moved that H. F. No. 464 be laid on the table.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Seifert motion and the roll was called. There were 50 yeas and 84 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Buesgens

Bunn

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Holberg

Hoppe

Kohls

Lanning

Lillie

Magnus

McFarlane

McNamara

Nornes

Norton

Olson

Paulsen

Peppin

Peterson, N.

Poppe

Ruth

Seifert

Severson

Shimanski

Simpson

Slawik

Smith

Sviggum

Wagenius

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

      The motion did not prevail.

 

 

      Berns moved to amend the Brynaert et al amendment to H. F. No. 464, the second engrossment, as follows:

 

      Page 1, line 5, delete "800" and insert "780"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6804


      Sertich moved that those not voting be excused from voting. The motion prevailed.

 

 

      There were 48 yeas and 85 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brynaert

Buesgens

Bunn

Clark

Davnie

Dean

DeLaForest

Dettmer

Eastlund

Erhardt

Erickson

Finstad

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Holberg

Hoppe

Kahn

Knuth

Lenczewski

Lillie

Loeffler

Magnus

McFarlane

Mullery

Norton

Paulsen

Peppin

Peterson, N.

Ruth

Ruud

Severson

Shimanski

Simpson

Slawik

Smith

Sviggum

Wagenius

Wardlow

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brod

Brown

Carlson

Cornish

Demmer

Dill

Dittrich

Dominguez

Doty

Eken

Emmer

Faust

Garofalo

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Koenen

Kohls

Kranz

Laine

Lanning

Lesch

Liebling

Lieder

Madore

Mahoney

Mariani

Marquart

Masin

McNamara

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Nornes

Olin

Olson

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Seifert

Sertich

Simon

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

      Dettmer moved to amend the Brynaert et al amendment to H. F. No. 464, the second engrossment, as follows:

 

      Page 1, line 5, delete "800" and insert "600"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.

 

 

      Sertich moved that those not voting be excused from voting. The motion prevailed.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6805


      There were 34 yeas and 98 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Benson

Berns

Brynaert

Buesgens

Bunn

Davnie

Dean

DeLaForest

Dettmer

Eastlund

Erickson

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Holberg

Hoppe

Kahn

Lillie

Loeffler

McFarlane

Norton

Paulsen

Peppin

Ruud

Severson

Shimanski

Slawik

Sviggum

Wagenius

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Beard

Bigham

Bly

Brod

Brown

Carlson

Clark

Cornish

Demmer

Dill

Dittrich

Dominguez

Doty

Eken

Emmer

Erhardt

Faust

Finstad

Garofalo

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McNamara

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Nornes

Olin

Olson

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Sailer

Scalze

Seifert

Sertich

Simon

Simpson

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

      The question recurred on the Brynaert et al amendment and the roll was called. There were 19 yeas and 115 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, S.

Benson

Brynaert

Davnie

Erhardt

Gardner

Greiling

Liebling

Lillie

Loeffler

McFarlane

Mullery

Norton

Paulsen

Peterson, N.

Ruud

Scalze

Slawik


 

 

      Those who voted in the negative were:

 


Anderson, B.

Anzelc

Atkins

Beard

Berns

Bigham

Bly

Brod

Brown

Buesgens

Bunn

Carlson

Clark

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erickson

Faust

Finstad

Fritz

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6806


Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Lieder

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McNamara

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Nornes

Olin

Olson

Otremba

Ozment

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Sailer

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

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

 

 

Loeffler; Brynaert; Simon; Dettmer; Demmer; Norton; Murphy, E.; Mariani; Kohls; Kahn; Greiling; Lillie; Beard; Zellers and Paulsen moved to amend H. F. No. 464, the second engrossment, as follows:

 

Page 1, after line 6 insert:

 

"Section 1. Minnesota Statutes 2006, section 3.971, subdivision 6, is amended to read:

 

Subd. 6. Financial audits. The legislative auditor shall audit the financial statements of the state of Minnesota required by section 16A.50 and, as resources permit, shall audit Minnesota State Colleges and Universities, the University of Minnesota, state agencies, departments, boards, commissions, courts, and other state organizations subject to audit by the legislative auditor, including the State Agricultural Society, Agricultural Utilization Research Institute, Minnesota Technology, Inc., the Minnesota School Employee Insurance Board, Minnesota Historical Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco, Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and Metropolitan Mosquito Control District. Financial audits must be conducted according to generally accepted government auditing standards. The legislative auditor shall see that all provisions of law respecting the appropriate and economic use of public funds are complied with and may, as part of a financial audit or separately, investigate allegations of noncompliance by employees of departments and agencies of the state government and the other organizations listed in this subdivision."

 

Page 2, line 20, after the period, insert "The board is subject to financial audit by the legislative auditor under section 3.971, subdivision 6."

 

Page 3, line 8, delete the first "and" and before "must" insert "72A, and"

 

Page 3, line 18, after the period, insert "If at any time any health plan offered by the board is not fully insured, the board and the health plan are subject to section 471.617 and any rules adopted under that section, including Minnesota Rules, chapter 2785."

 

Page 4, line 9, delete "and" and after "62Q" insert ", and 72A"

 

Page 4, line 13, delete "January 15, 2011" and insert "December 15, 2009"

 

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 - 71st Day - Thursday, May 17, 2007 - Top of Page 6807


Sertich moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 6, line 34, delete "62E.11, subdivision 5, paragraph (b)" and insert "62A.662, subdivision 9, paragraph (d)"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Norton, Greiling, Brynaert, Bunn, Benson, Kohls, Lillie, Beard and Ruud moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 1, line 20, after the period, insert "No eligible employer is liable for the debts, liabilities, or obligations of this public corporation."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Norton et al amendment and the roll was called. There were 56 yeas and 78 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Brynaert

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Faust

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Kahn

Knuth

Kohls

Lanning

Liebling

Lillie

McFarlane

McNamara

Morrow

Mullery

Nornes

Norton

Paulsen

Peppin

Peterson, N.

Ruth

Ruud

Severson

Shimanski

Simon

Simpson

Slawik

Sviggum

Tschumper

Westrom

Winkler

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Finstad

Fritz

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Koenen

Kranz

Laine

Lenczewski

Lesch

Lieder

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Murphy, E.

Murphy, M.

Nelson

Olin

Olson

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Seifert

Sertich

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Wollschlager

Spk. Kelliher


 

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6808


CALL OF THE HOUSE LIFTED

 

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

 

 

Erickson moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 2, line 22, after "pool" insert "is subject to the political subdivision provisions of section 471.617 and Minnesota Rules, chapter 2785, and"

 

Page 3, line 8, delete "and 62Q" and insert "62Q, and 72A"

 

Page 4, line 5, after the second comma, insert "and receive approval"

 

Page 4, line 9, delete "and 62Q" and insert "62Q, and 72A"

 

Page 4, line 13, delete "January 15, 2011" and insert "March 1, 2010"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Erickson amendment and the roll was called. There were 44 yeas and 90 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Hosch

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Ruth

Ruud

Seifert

Severson

Shimanski

Simpson

Sviggum

Tingelstad

Wardlow

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6809


Emmer moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 3, line 18, after the period, insert "The board must offer only coverage that is fully insured unless it has reserves of at least $200,000,000."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Emmer amendment and the roll was called. There were 40 yeas and 94 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Fritz

Garofalo

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Gardner

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Kahn, Benson, Greiling, Lillie, Slawik and Ruud moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 2, line 26, before the period, insert ", except as provided in paragraph (k)"

 

Page 3, after line 36 insert:

 

"(k) Notwithstanding paragraph (b), each exclusive representative of an eligible employer that shall determine whether the employees it represents will participate in coverage offered by the board and may opt out of coverage by the board under this paragraph. The exclusive representative must exercise this opt-out option on or before July 1,


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6810


2008, on a form provided by the board. The employees represented by an exclusive representative that exercises this option are not eligible for coverage under this section for six years after the first date upon which the board provides coverage. An exclusive representative that opts out may elect to have the employees it represents receive coverage provided by the board, beginning after that six-year-period of ineligibility, and the employees represented by that exclusive representative must be pooled and rated separately from other eligible employees for the following six years. For employees of the eligible employer who are not represented by an exclusive representative, the employer has the right to make the decisions described in this paragraph."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Kahn et al amendment and the roll was called. There were 51 yeas and 83 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Brynaert

Buesgens

Bunn

Davnie

Dean

Dettmer

Eastlund

Emmer

Erhardt

Finstad

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Holberg

Hoppe

Howes

Kahn

Kohls

Lillie

Loeffler

Magnus

Masin

McNamara

Morrow

Mullery

Norton

Paulsen

Peppin

Peterson, N.

Ruud

Seifert

Severson

Shimanski

Simon

Simpson

Slawik

Smith

Wagenius

Westrom

Winkler

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Carlson

Clark

Cornish

DeLaForest

Demmer

Dill

Dittrich

Dominguez

Doty

Eken

Erickson

Faust

Fritz

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Madore

Mahoney

Mariani

Marquart

McFarlane

Moe

Morgan

Murphy, E.

Murphy, M.

Nelson

Nornes

Olin

Olson

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Sailer

Scalze

Sertich

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Walker

Ward

Wardlow

Welti

Wollschlager

Spk. Kelliher


 

 

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

 

 

Norton, Garofalo and Brynaert moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 1, line 20, after the period, insert "An eligible employer is not liable for obligations of this public corporation."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6811


      The question was taken on the Norton et al amendment and the roll was called. There were 70 yeas and 63 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Brynaert

Buesgens

Bunn

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dittrich

Eastlund

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Haws

Holberg

Hoppe

Hosch

Kahn

Knuth

Kohls

Lanning

Lenczewski

Liebling

Lillie

Magnus

McFarlane

McNamara

Morrow

Mullery

Nornes

Norton

Olson

Paulsen

Peppin

Peterson, N.

Poppe

Ruth

Ruud

Seifert

Severson

Shimanski

Simon

Simpson

Slawik

Smith

Sviggum

Tingelstad

Tschumper

Wagenius

Wardlow

Westrom

Winkler

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Carlson

Clark

Cornish

Dill

Dominguez

Doty

Eken

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Koenen

Kranz

Laine

Lesch

Lieder

Loeffler

Madore

Mahoney

Marquart

Masin

Moe

Morgan

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Rukavina

Sailer

Scalze

Sertich

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Urdahl

Walker

Ward

Welti

Wollschlager

Spk. Kelliher


 

 

      The motion prevailed and the amendment was adopted.

 

 

Erickson moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 7, line 21, after the period, insert "By October 1, 2007, the board must establish an administrative system for the Minnesota school employee insurance pool."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Erickson amendment and the roll was called. There were 40 yeas and 94 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Gottwalt

Greiling

Hackbarth

Holberg

Kohls

Lanning

Magnus

McFarlane

McNamara

Mullery

Nornes

Norton

Olson

Paulsen

Paymar

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Westrom

Zellers



Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6812


      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Garofalo

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Kohls moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 1, line 10, delete "and"

 

Page 1, line 16, delete the period and insert a semicolon

 

Page 1, after line 16, insert:

 

"(3) "health plan" means a health plan as defined in section 62A.011; and

 

(4) "health benefit plan" means self-insured health care coverage that is offered by the Minnesota School Employee Insurance Pool under this section."

 

Page 2, line 26, after "plans" insert "or health benefit plans"

 

Page 2, line 34, delete "health plan or plans" and insert "health plans or health benefit plans"

 

Page 3, line 1, before the period, insert "or health benefit plans"

 

Page 3, line 8, after "board" insert "and approved by the commissioner of commerce" and delete "The health plans" and insert "Any health plan or health benefit plan offered by the board"

 

Page 3, line 10, delete "All health plans" and insert "Any health plan or health benefit plan" and after "commerce" insert "prior to being made available to eligible employees of eligible employers"

 

Page 3, line 14, after "features" insert "as allowed under chapter 60A"

 

Page 3, line 15, after the period, insert "The Department of Commerce must approve all design elements under this paragraph prior to any health plan or health benefit plan being made available to eligible employees of eligible employers."


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6813


Page 3, line 19, delete "The health plans" and insert "Any health plan or health benefit plan"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Kohls amendment and the roll was called. There were 50 yeas and 83 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Greiling

Hackbarth

Holberg

Hoppe

Kahn

Kohls

Lanning

Magnus

McFarlane

McNamara

Mullery

Nornes

Norton

Olson

Paulsen

Paymar

Peterson, N.

Ruth

Ruud

Seifert

Severson

Shimanski

Simon

Simpson

Smith

Sviggum

Wardlow

Westrom

Winkler

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Wollschlager

Spk. Kelliher


 

 

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

 

 

Hoppe, Kohls and Kahn moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 2, line 26, before the period, insert ", except as provided in paragraph (k)"

 

Page 3, after line 36, insert:

 

"(k) Notwithstanding paragraph (b), each employer shall determine whether its district will participate in coverage offered by the board and may opt out of coverage by the board under this paragraph. The employer must exercise this opt-out option on or before July 1, 2008, on a form provided by the board. The district whose


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6814


employer exercises this option is not eligible for membership under this section for six years after the first date upon which the board provides coverage. A district that opts out may elect to have its employees receive coverage provided by the board, beginning after that six-year-period of ineligibility, and the employees of that district must be pooled and rated separately from other eligible employees for the following six years."

 

 

      A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

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

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

      Sertich moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

 

 

      The Speaker resumed the Chair.

 

 

      The question recurred on the Hoppe et al amendment and the roll was called. There were 58 yeas and 76 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Brynaert

Buesgens

Bunn

Davnie

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Holberg

Hoppe

Kahn

Kohls

Lanning


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6815


Lillie

Loeffler

Masin

McFarlane

McNamara

Morrow

Mullery

Nornes

Norton

Olson

Paulsen

Peppin

Peterson, N.

Poppe

Ruth

Ruud

Seifert

Severson

Shimanski

Simon

Simpson

Slawik

Smith

Urdahl

Wagenius

Westrom

Winkler

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Carlson

Clark

Cornish

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Madore

Magnus

Mahoney

Mariani

Marquart

Moe

Morgan

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Rukavina

Sailer

Scalze

Sertich

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Walker

Ward

Wardlow

Welti

Wollschlager

Spk. Kelliher


 

 

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

 

 

CALL OF THE HOUSE LIFTED

 

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

 

 

Peppin moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 43A.316, subdivision 1, is amended to read:

 

Subdivision 1. Intent. The legislature finds that the creation of a statewide program using best practices and innovative benefit design and administration to provide public employees, school districts employees, and other eligible persons with life insurance and hospital, medical, and dental benefit coverage through provider organizations would result in a greater utilization more efficient use of government resources and would advance the health and welfare of the citizens of the state.

 

Sec. 2. Minnesota Statutes 2006, section 43A.316, subdivision 2, is amended to read:

 

Subd. 2. Definitions. For the purpose of this section, the terms defined in this subdivision have the meaning given them.

 

(a) Commissioner. "Commissioner" means the commissioner of employee relations.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6816


(b) Employee. "Employee" means:

 

(1) a person who is a public employee within the definition of section 179A.03, subdivision 14, who is insurance eligible and is employed by an eligible employer;

 

(2) an elected public official of an eligible employer who is insurance eligible;

 

(3) a person employed by a labor organization or employee association certified as an exclusive representative of employees of an eligible employer or by another public employer approved by the commissioner, so long as the plan meets the requirements of a governmental plan under United States Code, title 29, section 1002(32); or

 

(4) a person employed by a county or municipal hospital.

 

(c) Eligible employer. "Eligible employer" means:

 

(1) a public employer within the definition of section 179A.03, subdivision 15, that is a town, county, city, school district as defined in section 120A.05, service cooperative as defined in section 123A.21, intermediate district as defined in section 136D.01, Cooperative Center for Vocational Education as defined in section 123A.22, regional management information center as defined in section 123A.23, or an education unit organized under the joint powers action, section 471.59; or

 

(2) an exclusive representative of employees, as defined in paragraph (b);

 

(3) a county or municipal hospital; or

 

(4) another public employer approved by the commissioner.

 

(d) Exclusive representative. "Exclusive representative" means an exclusive representative as defined in section 179A.03, subdivision 8.

 

(e) Labor-Management Committee. "Labor-Management Committee" means the committee established by subdivision 4.

 

(f) Program. "Program" means the statewide public employees insurance buyers group program created by subdivision 3.

 

Sec. 3. Minnesota Statutes 2006, section 43A.316, subdivision 3, is amended to read:

 

Subd. 3. Public employee insurance program. The commissioner shall be the administrator of the public employee insurance program and may determine its funding arrangements. The commissioner shall model the program after the plan established in section 43A.18, subdivision 2, but may modify that plan, in consultation with the Labor-Management Committee. The commissioner, or the commissioner's designated representatives, shall be consulted in discussions or studies by state agencies related to improving statewide health care quality, outcomes, and costs. The commissioner may:

 

(1) Develop and administer separately rated programs within the public employee insurance program, including a separately rated and administered program for employees of public school districts. Separate programs within the public employee insurance program may be pilot or demonstration programs, or permanent programs.

 

(2) Develop, implement, and administer demonstration or pilot programs to help explore methods for improving the effectiveness and value of the public employee insurance program.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6817


(3) Conduct evaluations and studies to determine the effectiveness and impact of pilot, demonstration, or other programs as part of the public employee insurance program.

 

(4) Develop, adopt, modify, and implement strategies to control health care costs and to improve health care outcomes, including, but not limited to, health care cost and quality measurement and reporting strategies, pay-for-performance strategies, value-based purchasing strategies, and other demonstrated or emerging best practices in health care purchasing.

 

(5) In consultation with the labor management committee described in subdivision 5, develop, adopt, modify and administer innovative health benefit designs, including possible tiered arrangements, high-deductible plans with health care savings accounts, special provider networks, limited benefit plans, incentive programs for healthy behaviors and health improvement, and other health benefit designs.

 

(6) Temporarily suspend or limit new entrant groups into the public employee insurance program if necessary to maintain the quality, effectiveness, and viability of the program.

 

(7) Participate as part of broader community, regional, or national alliances or initiatives, including joint public-private sector efforts, improve health care purchasing, and health care costs, quality, and outcomes.

 

(8) Develop, implement, and administer a Web site and related capabilities to provide members and the public with information and a means to make inquiries to the public employee insurance program. The Web site may include information on the program's goals and its performance in reaching the goals.

 

Sec. 4. Minnesota Statutes 2006, section 43A.316, is amended by adding a subdivision to read:

 

Subd. 3a. Health improvement programs. The commissioner is authorized to plan, develop, purchase, administer, and evaluate disease management and other programs, strategies, and incentives to improve the health and health outcomes of members.

 

Sec. 5. Minnesota Statutes 2006, section 43A.316, subdivision 4, is amended to read:

 

Subd. 4. Labor-Management Committee. The Labor-Management Committee consists of ten members appointed by the commissioner governor. The Labor-Management Committee must comprise five members who represent employees, including at least one retired employee, and five members who represent eligible employers. Committee members are eligible for expense reimbursement in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. The commissioner shall consult with the labor-management committee in major decisions that affect the program. The committee shall study issues relating to the insurance program including, but not limited to, flexible benefits, utilization review, quality assessment, and cost efficiency. The committee continues to exist while the program remains in operation.

 

Sec. 6. Minnesota Statutes 2006, section 43A.316, subdivision 5, is amended to read:

 

Subd. 5. Public employee participation. (a) Participation in the program is subject to the conditions in this subdivision.

 

(b) Each exclusive representative for an eligible employer determines whether the employees it represents will participate in the program. The exclusive representative shall give the employer notice of intent to participate at least 30 days before the expiration date of the collective bargaining agreement preceding the collective bargaining agreement that covers the date of entry into the program. The exclusive representative and the eligible employer shall give notice to the commissioner of the determination to participate in the program at least 30 days before entry into the program. Entry into the program is governed by a schedule established by the commissioner.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6818


(c) Employees not represented by exclusive representatives may become members of the program upon a determination of an eligible employer to include these employees in the program. Either all or none of the employer's unrepresented employees must participate. The eligible employer shall give at least 30 days' notice to the commissioner before entering the program. Entry into the program is governed by a schedule established by the commissioner.

 

(d) Participation in the program is for a two-year three-year term. Participation is automatically renewed for an additional two-year term unless the exclusive representative, or the employer for unrepresented employees, gives the commissioner notice of withdrawal at least 30 days before expiration of the participation period. A group that withdraws must wait two years before rejoining. An exclusive representative, or employer for unrepresented employees, may also withdraw if premiums increase 50 percent or more from one insurance year to the next. The commissioner may modify the participation requirement as part of a demonstration or pilot effort. Any modifications must be clearly communicated to all employers who are members of the public employee insurance program, and incorporated in any information about the program, at least 60 days prior to the change becoming effective. The modifications must apply on an equal basis to all current and prospective employers enrolled in the program.

 

(e) The commissioner, in consultation with the Labor-Management Committee and other experts, may explore mutual gain-sharing arrangements, discounts, incentives, or penalties for public employers based on the length of their continuous membership in the public employee insurance program and other factors. Any incentives for long-term membership in the program must be consistent with the program's goals; maintaining the overall integrity and viability of the program; other applicable laws, rules, and policies; and available to all groups on equal terms. The terms of any incentives for long-term participation in the program must be clearly communicated to all employers who are members of the public employee insurance program, and incorporated in any information about the program. Any administration of, or changes to the incentives, must be communicated at least 180 days prior to each employer's renewal date before the change may become effective. The commissioner, in consultation with the Labor-Management Committee, shall report to the legislature and the governor by January 15, 2008, and annually thereafter, on the adequacy of the participation requirement and any special incentives based on the length of participation, in helping maintain the stability and effectiveness of the public employee insurance program.

 

(e) (f) The exclusive representative shall give the employer notice of intent to withdraw to the commissioner at least 30 days before the expiration date of a collective bargaining agreement that includes the date on which the term of participation expires.

 

(f) (g) Each participating eligible employer shall notify the commissioner of names of individuals who will be participating within two weeks of the commissioner receiving notice of the parties' intent to participate. The employer shall also submit other information as required by the commissioner for administration of the program.

 

Sec. 7. Minnesota Statutes 2006, section 43A.316, is amended by adding a subdivision to read:

 

Subd. 5a. Participating employer rights to data. Employers participating in the public employee insurance program shall not be refused or impeded by the program in their efforts to obtain the utilization or claims data needed by the employer to seek alternative bids for insurance coverage. The ability of participating employers to secure their data for the purposes of seeking alternative bids for coverage exists regardless of any other program participation requirements or incentives for long-term participation in the program. Participating employers will not be charged for the report generated to satisfy this subdivision.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6819


Sec. 8. Minnesota Statutes 2006, section 43A.316, is amended by adding a subdivision to read:

 

Subd. 5b. School districts. School districts eligible for the public employee insurance program must request bids for insurance coverage through the public employee insurance program at least once every four years. This subdivision does not require school districts eligible for the program to purchase coverage through the program. Other public employers are encouraged to seek bids from the public employee insurance program at least once every four years.

 

Sec. 9. Minnesota Statutes 2006, section 43A.316, is amended by adding a subdivision to read:

 

Subd. 9a. Report. The commissioner shall report biennially to the governor and legislature on March 1 of each odd-numbered year. The report will include information on membership, finances, operations, effectiveness, and impact of the public employee insurance program. The report may include discussion of changes and innovations, particularly with respect to improving health care costs, quality, and outcomes, and any issues or challenges faced by the program and how they might be addressed. The report will be posted on a Web site maintained by or for the public employee insurance program, and must be available to the public.

 

Sec. 10. Minnesota Statutes 2006, section 43A.316, subdivision 10, is amended to read:

 

Subd. 10. Exemption. The public employee insurance program and, where applicable, the employers participating in it are exempt from chapters 60A, 62A, 62C, 62D, 62E, and 62H, section 471.617, subdivisions 2 and 3, and the bidding requirements of section 471.6161. Nothing in this statute or other statutes shall limit the commissioner's ability to develop and test innovative health insurance benefit designs for the public program.

 

Sec. 11. APPROPRIATION.

 

Notwithstanding Minnesota Statutes, section 295.581, $60,000 in fiscal year 2008 and $2,260,000 in fiscal year 2009 are appropriated to the commissioner of employee relations for onetime administrative costs for marketing, communication, plan administration, and the development of a data warehouse to support the public employee insurance program.

 

Sec. 12. REVISOR'S INSTRUCTION.

 

The revisor of statutes shall change the headnote for Minnesota Statutes, section 43A.316, to read "PUBLIC EMPLOYEE INSURANCE PROGRAM.""

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Peppin amendment and the roll was called. There were 47 yeas and 87 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Brynaert

Buesgens

Bunn

Davnie

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Holberg

Hoppe

Kohls

Lanning

McFarlane

McNamara


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6820


Nornes

Norton

Olson

Paulsen

Peppin

Peterson, N.

Ruth

Ruud

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Wagenius

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Carlson

Clark

Cornish

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Howes moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 4, line 8, after the period, insert "The final design for the pool must be approved by the legislature before any health plans may be offered to eligible employees."

 

 

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

 

 

Emmer moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 2, line 2, delete "seven" and insert "four"

 

Page 2, line 3, delete "and"

 

Page 2, line 5, delete the period and insert "; and"

 

Page 2, after line 5, insert:

 

"(3) the commissioners of commerce, health, and employee relations."

 

Page 2, line 6, delete "seven" and insert "four"

 

Page 2, line 7, delete "four members" and insert "one member each"

 

Page 2, line 8, delete "and one member each appointed by" and insert a comma

 

 

      A roll call was requested and properly seconded.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6821


      The question was taken on the Emmer amendment and the roll was called. There were 38 yeas and 96 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brynaert

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth

Holberg

Hoppe

Howes

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Norton

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Hoppe moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 1, line 16, after the period, insert "A charter school may choose to opt out of being an eligible employer on a year-to-year basis."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hoppe amendment and the roll was called. There were 43 yeas and 91 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth

Holberg

Hoppe

Hosch

Kohls


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6822


Lanning

McFarlane

McNamara

Nornes

Norton

Olson

Paulsen

Peppin

Ruth

Ruud

Seifert

Severson

Shimanski

Simon

Simpson

Slocum

Smith

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Slawik

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

      The Speaker called Thissen to the Chair.

 

 

Garofalo, Hoppe, Holberg and Buesgens moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 3, after line 36 insert:

 

"(k) The board shall not offer any health plan, enter into any contract, or incur any other financial obligation unless Education Minnesota has executed and delivered to the board a written guaranty commitment in which Education Minnesota assumes unconditional liability for the board's debts if the board becomes insolvent, and the board has accepted the guaranty commitment. The board shall not accept the guaranty commitment unless the commissioner of finance has approved the form, content, and execution of the guaranty commitment. This paragraph does not prohibit the board from incurring obligations for compensation and reimbursement of expenses of its members prior to receipt or acceptance of the guaranty commitment."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Garofalo et al amendment and the roll was called. There were 35 yeas and 99 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Buesgens

Dean

DeLaForest

Demmer

Dettmer

Dittrich

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6823


Holberg

Hoppe

Kohls

Kranz

Lanning

Magnus

McNamara

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Westrom moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 2, line 26, after "board" insert ", except that an eligible employer that has been covered by plans offered by the board for three years may opt out of future participation in coverage offered by the board"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Westrom amendment and the roll was called. There were 42 yeas and 92 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brynaert

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Holberg

Hoppe

Hosch

Kohls

Lanning

McFarlane

McNamara

Nornes

Norton

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Slawik

Smith

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6824


Faust

Fritz

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Seifert moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 1, line 16, after the period, insert "A private school or a parent conducting a home school may choose to be an eligible employer."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Seifert amendment and the roll was called. There were 8 yeas and 126 nays as follows:

 

      Those who voted in the affirmative were:

 


Berns

Dittrich

Heidgerken

Hoppe

Hosch

Howes

Olson

Severson


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6825


Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

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

 

 

Gottwalt moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 3, after line 36, insert:

 

"(k) The board must offer a health plan that includes long-term care."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Gottwalt amendment and the roll was called. There were 34 yeas and 100 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Buesgens

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth

Haws

Heidgerken

Hoppe

Kohls

Lanning

McFarlane

Nornes

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Smith

Thissen

Urdahl

Westrom


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Gunther

Hamilton

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Simpson

Slawik

Slocum

Solberg

Sviggum

Swails

Thao

Tillberry

Tingelstad

Tschumper

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6826


      Seifert offered an amendment to H. F. No. 464, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Sertich raised a point of order pursuant to rule 3.21 that the Seifert amendment was not in order. Speaker pro tempore Thissen ruled the point of order well taken and the Seifert amendment out of order.

 

 

      Seifert appealed the decision of Speaker pro tempore Thissen.

 

 

      A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

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

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

      Seifert moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

 

 

      The vote was taken on the question "Shall the decision of Speaker pro tempore Thissen stand as the judgment of the House?" and the roll was called.

 

 

      Sertich moved that those not voting be excused from voting. The motion prevailed.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6827


      There were 84 yeas and 49 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Davnie

Dill

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Winkler

Wollschlager

Spk. Kelliher


 

 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Bunn

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dittrich

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Kohls

Kranz

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Sviggum

Tingelstad

Urdahl

Wardlow

Welti

Westrom

Zellers


 

 

      So it was the judgment of the House that the decision of Speaker pro tempore Thissen should stand.

 

 

Seifert moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 3, line 8, after the period, insert "The premium rates must not increase by more than 25 percent in any two-year period."

 

 

      A roll call was requested and properly seconded.

 

 

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

 

 

      Sertich moved that those not voting be excused from voting. The motion prevailed.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6828


      There were 50 yeas and 83 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Bunn

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Eken

Emmer

Erickson

Faust

Finstad

Garofalo

Gottwalt

Hackbarth

Hamilton

Haws

Heidgerken

Hoppe

Hosch

Kalin

Kohls

Lanning

Magnus

McFarlane

McNamara

Morrow

Nornes

Olson

Otremba

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Erhardt

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

CALL OF THE HOUSE LIFTED

 

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

 

 

Dean moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 2, line 24, delete everything after "coverage"

 

Page 2, line 25, delete everything before the comma and delete "or purchased"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Dean amendment and the roll was called. There were 38 yeas and 94 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6829


Holberg

Hoppe

Howes

Kohls

Lanning

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Ruth

Ruud

Seifert

Severson

Shimanski

Simpson

Smith

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Brod moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 43A.24, subdivision 2, is amended to read:

 

Subd. 2. Other eligible persons. The following persons are eligible for state paid life insurance and hospital, medical, and dental benefits as determined in applicable collective bargaining agreements or by the commissioner or by plans pursuant to section 43A.18, subdivision 6, or by the Board of Regents for employees of the University of Minnesota not covered by collective bargaining agreements. Coverages made available, including optional coverages, are as contained in the plan established pursuant to section 43A.18, subdivision 2:

 

(a) a member of the state legislature, provided that changes in benefits resulting in increased costs to the state shall not be effective until expiration of the term of the members of the existing house of representatives. An eligible member of the state legislature may decline to be enrolled for state paid coverages by filing a written waiver with the commissioner. The waiver shall not prohibit the member from enrolling the member or dependents for optional coverages, without cost to the state, as provided for in section 43A.26. A member of the state legislature who returns from a leave of absence to a position previously occupied in the civil service shall be eligible to receive the life insurance and hospital, medical, and dental benefits to which the position is entitled;

 

(b) an employee of the legislature or an employee of a permanent study or interim committee or commission or a state employee on leave of absence to work for the legislature, during a regular or special legislative session, as determined by the Legislative Coordinating Commission;


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6830


(c) a judge of the appellate courts or an officer or employee of these courts; a judge of the district court, a judge of county court, or a judge of county municipal court; a district court referee, judicial officer, court reporter, or law clerk; a district administrator; an employee of the Office of the District Administrator that is not in the Second or Fourth Judicial District; a court administrator or employee of the court administrator in a judicial district under section 480.181, subdivision 1, paragraph (b), and a guardian ad litem program employee;

 

(d) a salaried employee of the Public Employees Retirement Association;

 

(e) a full-time military or civilian officer or employee in the unclassified service of the Department of Military Affairs whose salary is paid from state funds;

 

(f) a salaried employee of the Minnesota Historical Society, whether paid from state funds or otherwise, who is not a member of the governing board;

 

(g) an employee of the regents of the University of Minnesota;

 

(h) notwithstanding section 43A.27, subdivision 3, an employee of the state of Minnesota or the regents of the University of Minnesota who is at least 60 and not yet 65 years of age on July 1, 1982, who is otherwise eligible for employee and dependent insurance and benefits pursuant to section 43A.18 or other law, who has at least 20 years of service and retires, earlier than required, within 60 days of March 23, 1982; or an employee who is at least 60 and not yet 65 years of age on July 1, 1982, who has at least 20 years of state service and retires, earlier than required, from employment at Rochester state hospital after July 1, 1981; or an employee who is at least 55 and not yet 65 years of age on July 1, 1982, and is covered by the Minnesota State Retirement System correctional employee retirement plan or the State Patrol retirement fund, who has at least 20 years of state service and retires, earlier than required, within 60 days of March 23, 1982. For purposes of this clause, a person retires when the person terminates active employment in state or University of Minnesota service and applies for a retirement annuity. Eligibility shall cease when the retired employee attains the age of 65, or when the employee chooses not to receive the annuity that the employee has applied for. The retired employee shall be eligible for coverages to which the employee was entitled at the time of retirement, subject to any changes in coverage through collective bargaining or plans established pursuant to section 43A.18, for employees in positions equivalent to that from which retired, provided that the retired employee shall not be eligible for state-paid life insurance. Coverages shall be coordinated with relevant health insurance benefits provided through the federally sponsored Medicare program;

 

(i) an employee of an agency of the state of Minnesota identified through the process provided in this paragraph who is eligible to retire prior to age 65. The commissioner and the exclusive representative of state employees shall enter into agreements under section 179A.22 to identify employees whose positions are in programs that are being permanently eliminated or reduced due to federal or state policies or practices. Failure to reach agreement identifying these employees is not subject to impasse procedures provided in chapter 179A. The commissioner must prepare a plan identifying eligible employees not covered by a collective bargaining agreement in accordance with the process outlined in section 43A.18, subdivisions 2 and 3. For purposes of this paragraph, a person retires when the person terminates active employment in state service and applies for a retirement annuity. Eligibility ends as provided in the agreement or plan, but must cease at the end of the month in which the retired employee chooses not to receive an annuity, or the employee is eligible for employer-paid health insurance from a new employer. The retired employees shall be eligible for coverages to which they were entitled at the time of retirement, subject to any changes in coverage through collective bargaining or plans established under section 43A.18 for employees in positions equivalent to that from which they retired, provided that the retired employees shall not be eligible for state-paid life insurance;

 

(j) employees of the state Board of Public Defense, with eligibility determined by the state Board of Public Defense in consultation with the commissioner of employee relations; and


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6831


(k) employees of supporting organizations of Minnesota Technology, Inc., established after July 1, 2003, under section 116O.05, subdivision 4, as paid for by the supporting organization; and

 

(l) employees of school districts as defined in section 120A.05, at the option of the school district, provided that coverage for employees included in this paragraph is not state-paid.

 

EFFECTIVE DATE. This section is effective July 1, 2008."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Brod amendment and the roll was called. There were 58 yeas and 76 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Brynaert

Buesgens

Bunn

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Doty

Eastlund

Eken

Emmer

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Haws

Holberg

Hoppe

Hosch

Jaros

Kohls

Lanning

Lillie

Loeffler

Mariani

McFarlane

McNamara

Morrow

Mullery

Nornes

Norton

Olson

Otremba

Paulsen

Peppin

Poppe

Ruth

Seifert

Severson

Shimanski

Simpson

Slawik

Smith

Sviggum

Ward

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Carlson

Clark

Dill

Dittrich

Dominguez

Erhardt

Faust

Fritz

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Howes

Huntley

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Madore

Magnus

Mahoney

Marquart

Masin

Moe

Morgan

Murphy, E.

Murphy, M.

Nelson

Olin

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Emmer moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 4, delete lines 10 to 12

 

Page 4, line 13, delete "8" and insert "7"


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6832


Page 4, line 20, delete "9" and insert "8"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Scalze was excused between the hours of 6:45 p.m. and 9:45 p.m.

 

 

Kohls moved to amend H. F. No. 464, the second engrossment, as amended, as follows:

 

Page 3, after line 36, insert:

 

"(k) When a pool plan is self-insured, no more than 12 percent of all revenues shall be used for administrative expenses."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Kohls amendment and the roll was called. There were 51 yeas and 81 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Brynaert

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Dittrich

Doty

Eastlund

Emmer

Erickson

Faust

Finstad

Garofalo

Gottwalt

Hackbarth

Hamilton

Haws

Holberg

Hoppe

Kalin

Kohls

Kranz

Lanning

Lenczewski

Magnus

McFarlane

McNamara

Nornes

Norton

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Tschumper

Wardlow

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Carlson

Clark

Cornish

Davnie

Dill

Dominguez

Eken

Erhardt

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Knuth

Koenen

Laine

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Sertich

Simon

Slawik

Slocum

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Urdahl

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6833


      Demmer offered an amendment to H. F. No. 464, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Sertich raised a point of order pursuant to rule 3.21 that the Demmer amendment was not in order. Speaker pro tempore Thissen ruled the point of order well taken and the Demmer amendment out of order.

 

 

      Seifert appealed the decision of Speaker pro tempore Thissen.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of Speaker pro tempore Thissen stand as the judgment of the House?" and the roll was called.      There were 88 yeas and 43 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

      So it was the judgment of the House that the decision of Speaker pro tempore Thissen should stand.

 

 

      H. F. No. 464, as amended, was read for the third time.


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6834


      Seifert moved that H. F. No. 464, the second engrossment, as amended, be re-referred to the Committee on E‑12 Education.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Seifert motion and the roll was called. There were 41 yeas and 92 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Eastlund

Emmer

Erhardt

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Hackbarth

Holberg

Hoppe

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Peterson, N.

Ruth

Ruud

Seifert

Severson

Shimanski

Simpson

Sviggum

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kranz

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

      The motion did not prevail.

 

 

      Seifert moved that H. F. No. 464, the second engrossment, as amended, be re-referred to the Committee on Governmental Operations, Reform, Technology and Elections. The motion did not prevail.

 

 

      H. F. No. 464, A bill for an act relating to insurance; creating a statewide health insurance pool for school district employees; appropriating money; amending Minnesota Statutes 2006, sections 3.971, subdivision 6; 62E.02, subdivision 23; 62E.10, subdivision 1; 62E.11, subdivision 5; 297I.05, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 62A.

 

 

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


Journal of the House - 71st Day - Thursday, May 17, 2007 - Top of Page 6835


      The question was taken on the passage of the bill and the roll was called. There were 81 yeas and 52 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Carlson

Clark

Cornish

Dill

Dittrich

Dominguez

D