STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
EIGHTY-SIXTH DAY
����� The House of Representatives convened at
3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.
����� Prayer was offered by the Reverend Cindy
Bullock, St. Stephen's
����� The members of the House gave the pledge
of allegiance to the flag of the
����� The roll was called and the following members
were present:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
����� A quorum was present.
����� Zellers was excused until 3:50 p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� Pelowski
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.�
The motion prevailed.
REPORTS
OF CHIEF CLERK
����� S. F. No. 2832 and
H. F. No. 2788, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
����� Rukavina moved that
S. F. No. 2832 be substituted for H. F. No. 2788
and that the House File be indefinitely postponed.� The motion prevailed.
����� S. F. No. 3465 and
H. F. No. 3780, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
����� McNamara moved that
S. F. No. 3465 be substituted for H. F. No. 3780
and that the House File be indefinitely postponed.� The motion prevailed.
REPORTS OF STANDING
COMMITTEES
Seifert from the Committee on State Government Finance to
which was referred:
H. F. No. 2890, A bill for an act relating to the
legislature; proposing an amendment to the Minnesota Constitution, article IV,
section 4; providing staggered terms of office for senators and staggered
four-year terms of office for representatives.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 2944, A bill for an act relating to governmental
operations; creating a task force to study the use of credit and debit cards
for payment of taxes, licenses, permits, and other statutory fees.�
Reported the same back with the following amendments:
Page 1, lines 7, 19, and 22, delete "in-person"
Page 1, line 14, delete "and"
Page 1, line 15, delete the period and insert a semicolon
Page 1, after line 15, insert:
"(7) a representative designated by the
(8) a representative of the Consumer Division of the Office
of the Attorney General."
Page
2, line 1, after "legislature" insert "by February 1,
2007,"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 3002, A bill for an act relating to human services;
modifying provisions for general assistance and MFIP programs; amending
Minnesota Statutes 2004, sections 256D.06, by adding a subdivision; 256J.12,
subdivision 1, by adding a subdivision; 256J.95, by adding subdivisions.
Reported the same back with the following amendments:
Page 2, line 9, delete "2005" and insert
"2006"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
H. F. No. 3241, A bill for an act relating to legislative
procedure; prohibiting final passage of a bill or conference report on the day
it is received by a body, with certain exceptions; proposing coding for new law
in Minnesota Statutes, chapter 3.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Rules and Legislative
Administration.
����� The report was adopted.
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 3276, A bill for an act relating to transportation;
governing contents of impounded vehicles; amending Minnesota Statutes 2004,
sections 168B.06, subdivision 1; 168B.07, by adding subdivisions.
Reported the same back with the following amendments:
Page 1, line 9, after "the" insert "registered"
Page 1, line 9, after "owner" insert "and
any lienholders"
Page 1, line 21, delete "car" and insert
"vehicle"
Page 1, line 22, delete "car" and insert
"vehicle" and delete everything after the period
Page
1, delete line 23
Page 2, delete line 1
Page 2, line 2, delete "impound lot operator or the
city."
Page 2, line 5, delete "; liability" and
delete "(a)"
Page 2, line 6, delete "shall" and insert
"may"
Page 2, delete lines 10 to 15 and insert "means all
personal belongings and does not include any permanently affixed mechanical or
nonmechanical: (i) automobile parts; (ii) automobile body parts; or (iii)
automobile accessories, including audio or video players."
Page 2, delete section 3
Page 2, after line 21, insert:
"Sec. 3.�
Minnesota Statutes 2004, section 169.829, subdivision 2, is amended to
read:
Subd. 2.� Tow truck.� Sections 169.822 to 169.828 do not apply to a
tow truck or towing vehicle when towing a disabled or damaged vehicle damaged
in such manner that the towed vehicle cannot be towed from the rear and,
when the movement is temporary urgent, and when the movement is
for the purpose of taking removing the disabled vehicle from
the roadway to a place of safekeeping or to a place of repair.
Sec. 4.� Minnesota
Statutes 2004, section 169.86, is amended by adding a subdivision to read:
Subd. 8.� Tow truck.� A tow truck or towing vehicle, when towing
a disabled or damaged vehicle to a place of repair or to a place of
safekeeping, may exceed the length and weight limitations of this chapter,
subject to a $300 annual permit fee and such conditions as the commissioner may
prescribe."
Amend the title as follows:
Page 1, line 2, delete "governing" and insert
"modifying provisions relating to tow trucks and"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Transportation Finance.
����� The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
H. F. No. 3380, A bill for an act relating to local
government; authorizing political subdivisions to establish accounts to pay for
postemployment benefits owed to officers and employees; proposing coding for
new law in Minnesota Statutes, chapter 353.
Reported the same back with the following amendments:
Page
1, delete lines 18 and 19, and insert:
"(2) "postemployment benefit" means a
benefit giving rise to a liability under Statement 45 of the Government
Accounting Standards Board, thereby excluding benefits to be paid by a
Minnesota public pension plan listed in section 356.20, subdivision 2, or 356.30,
subdivision 3, and benefits provided on a defined contribution, individual
account basis; and"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Dorman from the Committee on Capital Investment to which was
referred:
H. F. No. 3383, A bill for an act relating to the city of
Grand Rapids; authorizing issuance of certain capital improvement bonds.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
H. F. No. 3390, A bill for an act relating to employee
relations; changing eligibility criteria for the salary differential program
for state employees ordered to active military service; amending Minnesota
Statutes 2005 Supplement, section 43A.183.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 3394, A bill for an act relating to natural
resources; appropriating money for a study by the University of Minnesota
Department of Forest Resources.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Higher Education Finance.
����� The report was adopted.
Erhardt
from the Committee on Transportation to which was referred:
H. F. No. 3503, A bill for an act relating to transportation;
requiring bicycle operators and passengers under the age of 18 to wear helmets;
updating standard for helmets worn by operators of motorized bicycles and
electric-assisted bicycles; amending Minnesota Statutes 2004, sections 169.222,
by adding a subdivision; 169.223, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
H. F. No. 3716, A bill for an act relating to elections;
providing that the secretary of state shall distribute application for ballots
to be cast pursuant to sections 203B.15 to 203B.31 in conformity with the
Uniformed and Overseas Citizens Voter Act; appropriating money; amending
Minnesota Statutes 2004, sections 203B.17; 203B.18; 203B.19.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 3886, A bill for an act relating to drivers'
licenses; providing for use of tribal documents; amending Minnesota Statutes
2004, section 171.06, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.�
Minnesota Statutes 2005 Supplement, section 171.02, subdivision 1, is
amended to read:
Subdivision 1.� License required.� Except when expressly exempted, a person
shall not drive a motor vehicle upon a street or highway in this state unless
the person has a license valid under this chapter for the type or class of
vehicle being driven.� The department
shall not issue a driver's license to a person unless and until the person's
license from any jurisdiction has been invalidated.� The department shall provide to the issuing
department of any jurisdiction, information that the licensee is now licensed
in Minnesota.� A person is not permitted
to have more than one valid driver's license at any time.� The department shall not issue to a person to
whom a current Minnesota identification card has been issued a driver's
license, other than a limited license, unless the person's Minnesota
identification card has been invalidated.�
This subdivision does not require invalidation of a tribal
identification card as a condition of receiving a driver's license.
Sec. 2.� [171.072] TRIBAL IDENTIFICATION CARD.�
(a) For purposes of this subdivision, "tribal
identification card" means an unexpired identification card issued by the
tribal government of a Minnesota tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains the legal
name, date of birth, signature, and picture of the enrolled tribal member.
(b)
Notwithstanding any law to the contrary, if a Minnesota identification card is
deemed an acceptable form of identification in Minnesota Statutes or Minnesota
Rules, a tribal identification card is also an acceptable form of
identification.� A tribal identification
card shall be recognized as a primary document for purposes of Minnesota Rules,
part 7410.0400, and successor rules.
(c) The tribal identification card must contain security
features that make it as impervious to alteration as is reasonably practicable
in its design and quality of material and technology.� The security features must utilize materials
that are not readily available to the general public.� The tribal identification card must not be
susceptible to reproduction by photocopying or simulation and must be highly
resistant to data or photograph substitution and other tampering.� The requirements of this paragraph do not
apply to tribal identification cards used to prove an individual's residence
for purposes of section 201.061, subdivision 3."
Delete the title and insert:
"A bill for an act relating to drivers' licenses;
providing for use of tribal identification cards; amending Minnesota Statutes
2005 Supplement, section 171.02, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 171."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Rules and Legislative Administration.
����� The report was adopted.
Davids from the Committee on Agriculture and Rural
Development to which was referred:
H. F. No. 3915, A bill for an act relating to agriculture;
providing a two-year moratorium on genetically engineered wild rice in the
event of an application for a test plot; requiring assessment and reports
during the moratorium; proposing coding for new law in Minnesota Statutes,
chapter 18F.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� WILD RICE STUDY.�
Subdivision 1.�
Study.� The commissioner of agriculture, in
cooperation with the commissioner of natural resources, shall review the need
for a study on strains of wild rice that are indigenous to Minnesota, sacred to
the Ojibwe people, and important both historically and economically to this
state.� These specific strains are
Zizania aquatica and Zizania palustris.�
The proposed study would include:
(1) evidence of population decline in these strains in
Minnesota lakes, rivers, and streams and, if such a decline is found, an
explanation of possible contributing factors;
(2) arguments for and against the economic, agronomic,
cultural, and historical importance of maintaining the integrity of these
strains;
(3)
evaluation of methods available for maintaining the integrity of these strains
in Minnesota lakes, rivers, and streams, including scientific, regulatory, and
any other reasonable methods the commissioners may identify; and
(4) recommendations that address the findings in clauses (1)
to (3).
Subd. 2.� Deadlines.� No later than November 15, 2007, the
commissioners shall report on the need for the study described in subdivision 1
to the chairs of the house and senate committees with jurisdiction over
agriculture, environment, and natural resource policy and finance and
representatives of the seven sovereign Ojibwe tribes of Minnesota.� No later than January 15, 2008, the
commissioners shall report on the need for the study to the house and senate
committees with jurisdiction over agriculture, environment, and natural
resource policy and finance.� In their
report to the committees, the commissioners must include the official, written
response of the Ojibwe representatives and other interested parties who
received the initial report from the commissioners."
Delete the title and insert:
"A bill for an act relating to agriculture; providing for
a wild rice study."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Rules and Legislative Administration.
����� The report was adopted.
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 3991, A bill for an act relating to transportation;
extending life of Mississippi River Parkway Commission to 2016; amending
Minnesota Statutes 2005 Supplement, section 161.1419, subdivision 8.
Reported the same back with the following amendments:
Page 1, line 8, delete "2016" and insert
"2012"
Amend the title as follows:
Page 1, line 3, delete "2016" and insert
"2012"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Rules and Legislative Administration.
����� The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
S. F. No. 2734, A bill for an act relating to natural and
cultural resources; proposing an amendment to the Minnesota Constitution, article
XI; increasing the sales tax rate by three-eighths of one percent and
dedicating the receipts for natural and cultural resource purposes; creating an
arts, humanities, museum, and public broadcasting fund;
creating a heritage enhancement fund; creating a parks and trails fund;
creating a clean water fund; establishing a Heritage Enhancement Council;
establishing a Clean Water Council; amending Minnesota Statutes 2004, sections
297A.62, subdivision 1; 297A.94; 297B.02, subdivision 1; Minnesota Statutes
2005 Supplement, section 10A.01, subdivision 35; proposing coding for new law
in Minnesota Statutes, chapters 85; 97A; 103F; 129D.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CONSTITUTIONAL AMENDMENT
Section 1.� CONSTITUTIONAL AMENDMENT.�
An amendment to the Minnesota Constitution is proposed to the
people.� If the amendment is adopted, a
section will be added to article XI, to read:
Sec. 15.� Beginning
July 1, 2009, the sales and use tax receipts equal to the state sales and use
tax of one-eighth of one percent on sales and uses taxable under the general
state sales and use tax law, plus penalties and interest and reduced by any
refunds, are dedicated to provide hunter and angler access and to improve,
enhance, or protect game and fish habitat.�
The money dedicated under this section shall not be used as a substitute
for traditional funding sources for the purposes specified, but the dedicated
money shall supplement traditional sources of funding for those purposes.� Easements in land acquired with money
deposited in the game and fish preservation fund under this section must be
open to public taking of game and fish during the open season.
Sec. 2.� SUBMISSION TO VOTERS.�
The proposed amendment shall be submitted to the people at
the 2006 general election.� The question
submitted shall be:
"Shall the Minnesota Constitution be amended to provide
funding beginning July 1, 2009, to provide hunter and angler access and to improve,
enhance, or protect game and fish habitat by dedicating the sales and use tax
receipts equal to the state sales and use tax of one-eighth of one percent on
taxable sales?
����������������������������������������������������������������������������������������� Yes
.......
����������������������������������������������������������������������������������������� No
......."
Sec. 3.� EFFECTIVE DATE.�
Sections 1 and 2 apply to sales and uses occurring after June
30, 2009.
ARTICLE 2
CONFORMING CHANGES
Section 1.� [84.946] GAME AND FISH PRESERVATION
FUND.�
The commissioner of finance shall create a game and fish
preservation fund upon the effective date of article 1, section 3.� The fund shall consist of revenue deposited
under the Minnesota Constitution, article XI, section 15.
Sec.
2.� [84.947]
GAME AND FISH PRESERVATION FUND; EXPENDITURE ALLOCATION.�
The commissioner of natural resources Budgetary Oversight
Committee, under Minnesota Statutes, section 97A.055, subdivision 4b, shall
allocate expenditures from the game and fish preservation fund.� The recommendations must be for projects that
provide hunter and angler access and to improve, enhance, or protect game and
fish habitat.
Sec. 3.� [84.992] ACCESS TO MINNESOTA OUTDOORS.�
Subdivision 1.�
Walk-in access plan.� (a) The commissioner shall create a
walk-in public access plan under which the commissioner may encourage owners
and operators of privately held land to voluntarily make that land available
for walk-in access by the public for hunting and fishing under programs
administered by the commissioner and funded by revenue created under the
Minnesota Constitution, article XI, section 15.
(b) As part of the plan, the commissioner shall explore
entering into contracts with the owners or lessees of land for the
establishment of voluntary walk-in public access for the purposes of hunting,
fishing, or other wildlife-dependent recreational activities.
(c) In the plan, the commissioner must describe:
(1) the benefits that private land will provide the public,
such as hunting, fishing, bird watching, and related outdoor activities; and
(2) the types of fish and wildlife habitat improvements made
to the land that will enhance public uses.
(d) The commissioner shall explore walk-in access programs in
other states and to develop a walk-in program for public access to private
lands for hunting, fishing, and related recreational activities.�
Subd. 2.� Preemption.� Nothing in this section is intended to
preempt other state laws, including trespass and liability laws.
Subd. 3.� Report.� Before implementation, the commissioner
must present the walk-in plan to the house and senate committees with
jurisdiction over natural resources policy and finance, with recommendations on
program implementation, by December 31, 2008.
Sec. 4.� Minnesota
Statutes 2005 Supplement, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b.� Citizen oversight subcommittees.� (a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under
subdivision 4; review the proposed work plans and budgets for the coming year;
propose changes in policies, activities, and revenue enhancements or reductions;
review other relevant information; and make recommendations to the legislature
and the commissioner for improvements in the management and use of money in the
game and fish fund.
(b) The commissioner shall appoint the following
subcommittees, each comprised of at least three affected persons:
(1) a Fisheries Operations Subcommittee to review fisheries
funding, excluding activities related to trout and salmon stamp funding;
(2)
a Wildlife Operations Subcommittee to review wildlife funding, excluding activities
related to migratory waterfowl, pheasant, and turkey stamp funding and
excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);
(3) a Big Game Subcommittee to review the report required in
subdivision 4, paragraph (a), clause (2);
(4) an Ecological Services Operations Subcommittee to review
ecological services funding;
(5) a subcommittee to review game and fish fund funding of
enforcement, support services, and Department of Natural Resources administration;
(6) a subcommittee to review the trout and salmon stamp
report and address funding issues related to trout and salmon;
(7) a subcommittee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory waterfowl;
(8) a subcommittee to review the report on the pheasant stamp
and address funding issues related to pheasants; and
(9) a subcommittee to review the report on the turkey stamp
and address funding issues related to wild turkeys.
(c) The chairs of each of the subcommittees shall form a
Budgetary Oversight Committee to coordinate the integration of the subcommittee
reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; provide
a forum to address issues that transcend the subcommittees; and submit a report
for any subcommittee that fails to submit its report in a timely manner.
(d) The Budgetary Oversight Committee shall develop
recommendations for a biennial budget plan and report for expenditures on game
and fish activities.� By August 15 of
each even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner and to the senate and house committees with
jurisdiction over natural resources finance.�
In addition, the committee must review and decide on recommended
expenditures from the game and fish preservation fund under section 84.946.
(e) Each subcommittee shall choose its own chair, except that
the chair of the Budgetary Oversight Committee shall be appointed by the
commissioner and may not be the chair of any of the subcommittees.
(f) The Budgetary Oversight Committee must make
recommendations to the commissioner and to the senate and house committees with
jurisdiction over natural resources finance for outcome goals from
expenditures.
(g) Notwithstanding section 15.059, subdivision 5, or other
law to the contrary, the Budgetary Oversight Committee and subcommittees do not
expire until June 30, 2010.� Expenses
for performing their duties under this section are governed by section 15.059,
subdivision 6.
Sec. 5.� Minnesota
Statutes 2004, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.�
(a) Except as provided in this section and the Minnesota
Constitution, article XI, section 15, the commissioner shall deposit the
revenues, including interest and penalties, derived from the taxes imposed by
this chapter in the state treasury and credit them to the general fund.
(b)
The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and
services purchased for the construction and operation of an agricultural
resource project; and
(2) the purchase was made on or after the date on which a
conditional commitment was made for a loan guaranty for the project under
section 41A.04, subdivision 3.
The
commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment.�
The amount deposited in the loan guaranty account must be reduced by any
refunds and by the costs incurred by the Department of Revenue to administer
and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including
interest and penalties, derived from the taxes imposed on sales and purchases
included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4),
in the state treasury, and credit them as follows:
(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by section 16A.661,
subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the
balance to the general fund.
(d) The commissioner shall deposit the revenues, including
interest and penalties, collected under section 297A.64, subdivision 5, in the
state treasury and credit them to the general fund.� By July 15 of each year the commissioner
shall transfer to the highway user tax distribution fund an amount equal to the
excess fees collected under section 297A.64, subdivision 5, for the previous
calendar year.
(e) For fiscal year 2001, 97 percent; for fiscal years 2002
and 2003, 87 percent; and for fiscal year 2004 and thereafter, 72.43 percent of
the revenues, including interest and penalties, transmitted to the commissioner
under section 297A.65, must be deposited by the commissioner in the state
treasury as follows:
(1) 50 percent of the receipts must be deposited in the
heritage enhancement account in the game and fish fund, and may be spent only
on activities that improve, enhance, or protect fish and wildlife resources,
including conservation, restoration, and enhancement of land, water, and other
natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only on metropolitan park and trail
grants;
(4) three percent of the receipts must be deposited in the
natural resources fund, and may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the
natural resources fund, and may be spent only for the Minnesota Zoological
Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.
(f) The revenue dedicated under paragraph (e) may not be used
as a substitute for traditional sources of funding for the purposes specified,
but the dedicated revenue shall supplement traditional sources of funding for
those purposes.� Land acquired with money
deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management
areas or on lands where angling easements have been acquired, fishing may be
prohibited during certain times of the year and hunting may be prohibited.� At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or protection of fish and
wildlife resources under paragraph (e) must be allocated for field operations.
Sec. 6.� EFFECTIVE DATE.�
Sections 1, 2, 4, and 5 are effective July 1, 2009, if the
constitutional amendment proposed in article 1 is adopted by the voters.� Section 3 is effective the day following
final enactment.
ARTICLE 3
MOTOR VEHICLE SALES TAX CONSTITUTIONAL AMENDMENT
Section 1.� Laws 2005,
chapter 88, article 3, section 9, is amended to read:
Sec. 9.� CONSTITUTIONAL AMENDMENT PROPOSED.
An amendment to the Minnesota Constitution is proposed to the
people.� If the amendment is adopted, two
sections will be added to article XIV to read:
Sec. 12.� Beginning
with the fiscal year starting July 1, 2007, 63.75 percent of the revenue from a
tax imposed by the state on the sale of a new or used motor vehicle must be
apportioned for the transportation purposes described in section 13, then the
revenue apportioned for transportation purposes must be increased by ten
percent for each subsequent fiscal year through June 30, 2011, and then the
revenue must be apportioned 100 percent for transportation purposes after June
30, 2011.
Sec. 13.� The revenue
apportioned in section 12 must be allocated for the following transportation
purposes: not more than 60 80 percent must be deposited in the
highway user tax distribution fund, and not less than 40 20
percent must be deposited in a fund dedicated solely to public transit
assistance as defined by law.
Sec. 2.� Laws 2005,
chapter 88, article 3, section 10, is amended to read:
Sec. 10.� SUBMISSION TO VOTERS.
The constitutional amendment proposed in section 12 must be
presented to the people at the 2006 general election.� The question submitted must be:
"Shall the Minnesota Constitution be amended to dedicate
revenue from a tax on the sale of new and used motor vehicles over a five-year
period, so that after June 30, 2011, all of the revenue is dedicated at
least 40 20 percent for public transit assistance and not more
than 60 80 percent for highway purposes?
����������������������������������������������������������������������������������������� Yes
.......
����������������������������������������������������������������������������������������� No
........"
ARTICLE
4
MARRIAGE CONSTITUTIONAL AMENDMENT
Section 1.� CONSTITUTIONAL AMENDMENT PROPOSED.�
An amendment to the Minnesota Constitution is proposed to the
people.� If the amendment is adopted, a
section shall be added to article XIII, to read:
Sec. 13.� Only a
union of one man and one woman shall be valid and recognized as a marriage in
Minnesota.� Any other relationship shall
not be recognized as a marriage or its legal equivalent by the state or any of
its political subdivisions.
Sec. 2.� SUBMISSION TO VOTERS.�
The proposed amendment must be submitted to the people at the
2006 general election.� The question
submitted must be:
"Shall the Minnesota Constitution be amended to provide
that the state and its political subdivisions shall recognize marriage and its
legal equivalent as limited to only the union of one man and one woman?
����������������������������������������������������������������������������������������� Yes
.......
����������������������������������������������������������������������������������������� No
.......""
Delete the title and insert:
"A bill for an act relating to proposing constitutional
amendments; proposing an amendment to the Minnesota Constitution by adding a
section to article XI; dedicating sales and use tax receipts equal to a rate of
one-eighth of one percent on taxable sales and uses to provide angler and
hunter access and to improve, enhance, or protect game and fish habitat;
creating a game and fish preservation fund; providing for an outdoor walk-in
public access plan; amending a proposed amendment to the Minnesota
Constitution, article XIV, sections 12 and 13; dedicating motor vehicle sales
tax revenues to transportation and allocating them between public transit
assistance and the highway user tax distribution fund; proposing an amendment
to the Minnesota Constitution by adding a section to article XIII; providing
that only a union of one man and one woman is valid and recognized as a
marriage; amending Minnesota Statutes 2004, section 297A.94; Minnesota Statutes
2005 Supplement, section 97A.055, subdivision 4b; Laws 2005, chapter 88,
article 3, sections 9; 10; proposing coding for new law in Minnesota Statutes,
chapter 84."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
SECOND READING OF HOUSE
BILLS
����� H. F. Nos. 2944, 3002, 3380, 3383 and 3503
were read for the second time.
SECOND
READING OF SENATE BILLS
����� S. F. Nos. 2832 and 3465 were read for the
second time.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
����� The following House Files were introduced:
����� Abrams introduced:
����� H. F. No. 4110, A bill for an act relating
to taxation; providing a sales tax exemption for motor vehicles purchased by
lessees who donate the leased vehicle to a charitable organization within 30
days of the date of purchase; amending Minnesota Statutes 2004, section
297B.03.
����� The bill was read for the first time and
referred to the Committee on Transportation Finance.
����� Hackbarth introduced:
����� H. F. No. 4111, A bill for an act relating
to stadiums; providing for the financing, construction, operation, and
maintenance of a baseball stadium and related facilities; establishing the
Minnesota Ballpark Authority; defining members of the authority as public
officials; providing powers and duties of the authority; providing a community
ownership option upon sale of the team; authorizing Hennepin County to issue
bonds and to contribute to ballpark costs and to engage in ballpark and related
activities; authorizing local sales and use taxes and revenues; requiring voter
approval for local sales tax increases used to finance the stadiums; requiring
actions by the state, the city of Minneapolis, and the Hennepin County Regional
Railroad Authority; providing for the financing of a football stadium in Anoka
County; creating a football stadium authority; authorizing the county to levy
and collect certain taxes; amending Minnesota Statutes 2004, sections 297A.68,
by adding a subdivision; 297A.71, by adding subdivisions; Minnesota Statutes
2005 Supplement, section 10A.01, subdivision 35; proposing coding for new law
as Minnesota Statutes, chapter 473J; repealing Minnesota Statutes 2004,
sections 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07;
473I.08; 473I.09; 473I.10; 473I.11; 473I.12; 473I.13.
����� The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
����� Eastlund; Ellison; Walker; Anderson, B.;
Erickson; Wilkin; Johnson, J.; Sviggum; Sailer; Entenza; Moe; DeLaForest;
Blaine; Peppin; Hilty; Kahn; Paymar; Emmer and Thao introduced:
����� H. F. No. 4112, A bill for an act relating
to public safety; establishing an address confidentiality program for victims
of domestic violence, sexual assault, or stalking; providing program
participants with a method of voting; establishing a mail forwarding system for
program participants; prescribing criminal penalties; providing rulemaking;
appropriating money; proposing coding for new law as Minnesota Statutes,
chapter 5B.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Peterson, A., and Severson introduced:
����� H. F. No. 4113, A bill for an act relating
to highways; allowing certain national guard-related signs to be placed on
highways; amending Minnesota Statutes 2004, section 169.06, subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Transportation.
����� Krinkie introduced:
����� H. F. No. 4114, A bill for an act relating
to public finance; providing terms and conditions related to the issuance of
obligations; defining terms; providing for authorization of interfund loans;
amending Minnesota Statutes 2004, sections 103E.635, subdivision 7; 162.18,
subdivision 1; 162.181, subdivision 1; 273.032; 365A.08; 365A.095; 373.45,
subdivision 1; 469.035; 469.103, subdivision 2; Minnesota Statutes 2005
Supplement, sections 469.178, subdivision 7; 475.521, subdivision 4.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Brod, Lanning, Vandeveer, Magnus,
Hamilton, Simpson, Finstad and Sviggum introduced:
����� H. F. No. 4115, A bill for an act relating
to estate taxation; conforming to the increase in the federal exemption amount;
amending Minnesota Statutes 2005 Supplement, section 291.03, subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Taxes.
MESSAGES FROM THE SENATE
����� The following messages were received from
the Senate:
Mr.
Speaker:
����� I hereby announce the adoption by the
Senate of the following Senate Concurrent Resolution, herewith transmitted:
����� Senate Concurrent Resolution No. 10, A
Senate concurrent resolution relating to adjournment for more than three days.
Patrick E. Flahaven, Secretary
of the Senate
SUSPENSION OF RULES
����� Paulsen moved that the rules be so far
suspended that Senate Concurrent Resolution No. 10 be now considered and be
placed upon its adoption.� The motion
prevailed.
SENATE
CONCURRENT RESOLUTION NO. 10
����� A Senate concurrent resolution relating to
adjournment for more than three days.
����� Be It Resolved by the Senate of the
State of Minnesota, the House of Representatives concurring:
����� 1.�
Upon their adjournments on Wednesday, April 12, 2006, the Senate and
House of Representatives may each set its next day of meeting for Tuesday,
April 18, 2006.
����� 2.�
Each house consents to adjournment of the other house for more than
three days.
����� Paulsen moved that Senate Concurrent
Resolution No. 10 be now adopted.�
The motion prevailed and Senate Concurrent Resolution No. 10 was
adopted.
Mr. Speaker:
����� I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
����� S. F. Nos. 2634, 1039 and 2793.
Patrick E. Flahaven, Secretary
of the Senate
FIRST READING OF SENATE BILLS
S. F. No.
2634, A bill for an act relating to state employment; ratifying certain labor
agreements and compensation plans.
The bill was
read for the first time.
MOTION TO SUSPEND RULES
����� Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Hilty moved that the rule therein be
suspended and an urgency be declared so that S. F. No. 2634 be
given its second and third readings and be placed upon its final passage.�
����� A roll call was requested and properly
seconded.
����� The question was taken on the Hilty motion
and the roll was called.� There were 72
yeas and 60 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Cox
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Smith
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
Welti
����� Those who voted in the negative were:
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Soderstrom
Sykora
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Spk. Sviggum
����� Not having received the constitutionally
required two-thirds vote, the motion did not prevail.
����� S. F. No. 2634 was referred to the
Committee on State Government Finance.
FIRST READING OF SENATE
BILLS, Continued
S. F. No.
1039, A bill for an act relating to commerce; prohibiting tampering with
clock-hour meters on farm tractors; prescribing a civil penalty and a private
right of action; proposing coding for new law in Minnesota Statutes, chapter
325E.
The bill was
read for the first time.
Koenen moved
that S. F. No. 1039 and H. F. No. 1466, now on the General Register, be
referred to the Chief Clerk for comparison.�
The motion prevailed.
S. F. No.
2793, A bill for an act relating to health; modifying essential community
provider designation; amending Minnesota Statutes 2004, section 62Q.19,
subdivision 2.
The bill was
read for the first time and referred to the Committee on Health Policy and
Finance.
CONSENT CALENDAR
����� H. F. No. 680, A bill for an act relating
to landlord and tenant; providing a clarification relating to certain utility
metering and billing; amending Minnesota Statutes 2004, section 504B.215, by
adding a subdivision.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 128 yeas and 4 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
����� Those who voted in the negative were:
Emmer
Mahoney
Paymar
Thao
����� The bill was passed and its title agreed
to.
����� H. F. No. 2876, A bill for an act relating
to town mutual insurance companies; modifying the exception to the restriction
on insuring property in certain cities; amending Minnesota Statutes 2004,
section 67A.14, subdivision 5.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 126 yeas and 2 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westrom
Wilkin
Spk. Sviggum
����� Those who voted in the negative were:
Newman
Westerberg
����� The bill was passed and its title agreed
to.
����� H. F. No. 3743, A bill for an act relating
to state government; establishing an expiration date for the State Designer
Selection Board; requiring a report.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 133 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
����� The bill was passed and its title agreed
to.
����� H. F. No. 3237 was reported
to the House.
����� Peppin
moved that H. F. No. 3237 be stricken from the Consent Calendar and be placed
on the General Register.� The
motion prevailed.
REPORT FROM
THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
����� Paulsen from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Supplemental Calendar for the Day for Thursday, April
6, 2006:
����� S. F. No. 2750; and
H. F. Nos. 263, 1838, 1375, 3161, 3374 and 3185.
����� The Speaker called Abrams to the Chair.
CALENDAR FOR THE DAY
����� H. F. No. 1838, A bill for an act relating
to traffic regulations; authorizing operation of neighborhood electric vehicles
on streets and highways; amending Minnesota Statutes 2004, sections 168.011, by
adding a subdivision; 168A.05, by adding a subdivision; 169.01, by adding a
subdivision; Minnesota Statutes 2005 Supplement, section 168.011, subdivision
7; proposing coding for new law in Minnesota Statutes, chapter 169.�
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 134 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The bill was passed and its title agreed
to.
����� S. F. No. 2750 was reported
to the House.
����� Simon moved to amend S. F. No. 2750, the
unofficial engrossment, as follows:
����� Page 5, delete section 6
����� Renumber the sections in sequence and
correct the internal references
����� Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Simon
amendment and the roll was called.� There
were 28 yeas and 105 nays as follows:
����� Those who voted in the affirmative were:
Anderson, I.
Clark
Ellison
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Johnson, S.
Kahn
Kelliher
Koenen
Lenczewski
Lieder
Lillie
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Otremba
Paymar
Scalze
Simon
Thao
Wagenius
Walker
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lesch
Liebling
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Lanning; Hilstrom; Samuelson; Peterson,
N., and Hornstein moved to amend S. F. No. 2750, the unofficial engrossment, as
follows:
����� Page 3, line 34, after the first comma,
insert "except necessary and required public services,"
����� The motion prevailed and the amendment was
adopted.
����� Koenen moved to amend S. F. No. 2750, the
unofficial engrossment, as amended, as follows:
����� Page 7, line 20, after "Sections"
insert "117.012, subdivision 3,"
����� The motion prevailed and the amendment was
adopted.
����� Olson moved to amend S. F. No. 2750, the
unofficial engrossment, as amended, as follows:
����� Page 9, delete section 16 and insert:
"Sec. 16.� [160.042] CONDEMNATION FOR ACCESS TO
PRIVATE PROPERTY LIMITED.�
A road authority must not acquire property by eminent domain
to establish a local road or street, as defined by the Federal Highway
Administration's Functional Classification Guidelines, for access to property
of less than five acres that will serve projected traffic of less than 100
average daily trips, unless the property is landlocked or the road authority
can show that the local road or street is necessary to cost effectively
mitigate ongoing safety concerns.� A
property that has no other access than over a navigable waterway is landlocked."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion prevailed and the amendment was
adopted.
����� Thissen, Davids and Dill moved to amend S.
F. No. 2750, the unofficial engrossment, as amended, as follows:
����� Page 6, after line 31, insert:
"Sec. 9. �[117.1863] GOVERNMENT ENTRY INTO MIXED
MUNICIPAL SOLID WASTE SERVICES BUSINESS; INVERSE CONDEMNATION.�
Subdivision 1.�
Definition.� As used in this section, "political
subdivision" means a statutory or home rule charter city or a town.
Subd. 2.� Person to bring action.� A person may bring an action in district
court to compel a political subdivision of the state to commence condemnation
proceedings if:
(1)
the political subdivision of the state determines to provide, directly or indirectly,
mixed municipal solid waste collection services previously provided by private
persons within the jurisdiction of the political subdivision or limits the number of private persons who are permitted to
provide the mixed municipal solid waste collection services within the
jurisdiction so as to exclude a private person then providing such services
from continuing to do so;
(2) as a result of the political subdivision's actions, the
person is not able to continue in business to provide substantially the same
mixed municipal solid waste collection services as before; and
(3) but for the political subdivision's actions, the person
would be able to continue to provide substantially the same mixed municipal
solid waste collection services in substantially the same market as before the
government's actions.
Subd. 3.� Limitation.� (a) A person may not maintain an action
against a political subdivision under subdivision 2 if the person provides
mixed municipal solid waste collection services to that political subdivision
under a contract between the person and the political subdivision which sets
forth the terms and conditions under which the person can provide the services
in the political subdivision.� A person
may not maintain an action under subdivision 2, if, pursuant to the terms of
the contract, the political subdivision does not renew the contract for
collection services.
(b) A person may not maintain an action against a political
subdivision under subdivision 2 if the political subdivision prohibits a person
providing mixed municipal solid waste collection services from providing the
services because the person engaged in criminal or fraudulent conduct.
Subd. 4.� Statute of limitations.� An action brought under subdivision 2 must
be commenced within six months of the day the political subdivision begins
providing mixed municipal solid waste collection services that are alleged to
be a taking."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion prevailed and the amendment was
adopted.
����� Speaker pro tempore Abrams called Paulsen
to the Chair.
����� Abrams and Lenczewski moved to amend S. F.
No. 2750, the unofficial engrossment, as amended, as follows:
����� Page 9, line 21, after "2006"
insert:
", except the act does not apply to an action brought
in connection with a project that satisfies one of the following conditions:
(1) with respect to property identified as intended to be
acquired in a tax increment financing plan, as approved by the municipality, as
that term is used in Minnesota Statutes, section 469.174, subdivision 6, by the
day following final enactment under Minnesota Statutes, section 469.175, if the
condemning authority has satisfied one or more of the following conditions in connection
with the tax increment financing plan:
(i) the developer has acquired property by May 1, 2006, in
reliance on the condemning authority's contractual obligation to condemn
property; or
(ii)
by May 1, 2006, the condemning authority has issued, sold, or entered a binding
agreement to issue or sell bonds or other obligations to finance the costs of
the tax increment financing plan and has commenced the condemnation action
within 2 years after the bonds were issued; or
(2) the tax increment financing district was certified before
April 1, 2006; a tax increment financing plan, adopted before April 1, 2006,
identified the property as intended to be acquired; and the condemning
authority has commenced the condemnation action within five years after certification
of the district; or
(3) creation of the tax increment financing district was
authorized under a special law that received local approval or became effective
without local approval before April 1, 2006, and the condemning authority
commences the action within the time period permitted under the applicable
general or special law for making expenditures to comply with Minnesota
Statutes, section 469.1763, subdivision 3, but not to exceed a ten-year period;
or
(4) the condemning authority commences the action before
April 1, 2011, to complete land assembly for a project, financed in whole or
part with abatement under Minnesota Statutes, sections 469.1813 through
469.1815, and the abatement resolution was adopted by one of the participating
political subdivisions before April 1, 2006"
Amend the title accordingly
����� The Speaker resumed the Chair.
����� Goodwin moved to amend the Abrams and
Lenczewski amendment to S. F. No. 2750, the unofficial
engrossment, as amended, as follows:
Page 2, line 4, after "2006" insert ";
or
(5) by April 1, 2006, the condemning authority has acquired
property at a public cost of $750,000 or more in anticipation of creating a tax
increment financing district under Minnesota Statutes, section 469.175, or
adopting a tax abatement resolution under Minnesota Statutes, section 469.1813,
and the condemning authority commences the condemnation action within three
years after the acquisition or the approval of the tax increment financing plan
or abatement resolution, whichever occurs last"
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the amendment to
the amendment and the roll was called.�
There were 69 yeas and 65 nays as follows:
����� Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Brod
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Severson
Sieben
Simon
Slawik
Solberg
Thao
Wagenius
Walker
Welti
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Kohls
Krinkie
Larson
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Powell
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion prevailed and the amendment to
the amendment was adopted.
����� Abrams requested that the Abrams and
Lenczewski amendment, as amended, to S. F. No. 2750, the unofficial
engrossment, as amended, be withdrawn.�
The request was granted.
����� Abrams moved to amend S. F. No. 2750, the
unofficial engrossment, as amended, as follows:
����� Page 8, after line 32, insert:
"Sec. 15.�
Minnesota Statutes 2004, section 117.52, is amended by adding a
subdivision to read:
Subd. 4.� Relocation assistance amount determined
by administrative law judge.� Notwithstanding
any law or rule to the contrary, if a person entitled to relocation assistance
under this section does not accept the acquiring authority's offer, the
acquiring authority must initiate contested case proceedings under sections
14.57 to 14.66 for a determination of the relocation assistance that must be
provided by the acquiring authority.� The
administrative law judge's determination of relocation assistance that the
acquiring authority must provide constitutes a final decision in the case, as
provided in section 14.62, subdivision 4.�
The acquiring authority must pay all costs of the proceedings."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion prevailed and the amendment was
adopted.
����� Wagenius offered an amendment to
S. F. No. 2750, the unofficial engrossment, as amended.
POINT
OF ORDER
����� Hackbarth raised a point of order pursuant
to rule 3.21 that the Wagenius amendment was not in order. The Speaker ruled
the point of order well taken and the Wagenius amendment out of order.
����� Wagenius appealed the decision of the
Speaker.
����� A roll call was requested and properly
seconded.
����� The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.�
There were 71 yeas and 60 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Atkins
Bernardy
Carlson
Clark
Davnie
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Wagenius
Walker
Welti
����� So it was the judgment of the House that
the decision of the Speaker should stand.
����� Krinkie moved to amend S. F. No. 2750, the
unofficial engrossment, as amended, as follows:
����� Page 9, after line 15, insert:
"Sec. 18.� CONSTITUTIONAL AMENDMENT PROPOSED.�
An
amendment to the Minnesota Constitution is proposed to the people.� If the amendment is adopted, the section will
read:
Sec. 13.� Private
property shall not be taken, destroyed or damaged for public use without just
compensation therefor, first paid or secured.�
"Public use" does not include the taking of private
property for transfer to a private entity for the purpose of economic
development or enhancement of tax revenues.
Sec. 19.� SUBMISSION TO VOTERS.�
The proposed amendment must be submitted to the people at the
2006 general election.� The question
submitted must be:
"Shall the Minnesota Constitution be amended to prohibit
the use of eminent domain for economic development or enhancement of tax
revenues?
����������������������������������������������������������������������������������������� Yes
.......
����������������������������������������������������������������������������������������� No
.......""
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
POINT OF ORDER
����� Anderson, I., raised a point of order
pursuant to rule 3.21 that the Krinkie amendment was not in order. The Speaker
ruled the point of order not well taken and the Krinkie amendment in order.
POINT OF ORDER
����� Solberg raised a point of order pursuant
to rule 4.03 relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills that the Krinkie amendment was not in order.� The Speaker ruled the point of order not well
taken and the Krinkie amendment in order.
����� The question recurred on the Krinkie
amendment and the roll was called.� There
were 58 yeas and 76 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Blaine
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Eastlund
Eken
Emmer
Entenza
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lillie
Nelson, P.
Newman
Olson
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson,
N.
Powell
Rukavina
Scalze
Seifert
Severson
Simpson
Slawik
Smith
Thissen
Urdahl
Vandeveer
Wardlow
Westrom
Wilkin
Zellers
����� Those who
voted in the negative were:
Abrams
Anderson, I.
Beard
Bernardy
Bradley
Brod
Carlson
Clark
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Ellison
Erhardt
Fritz
Goodwin
Greiling
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nornes
Otremba
Ozment
Paymar
Penas
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Samuelson
Sertich
Sieben
Simon
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Wagenius
Walker
Welti
Westerberg
Spk. Sviggum
����� The motion did not prevail and the amendment was not adopted.
����� Mullery moved to amend S. F. No. 2750, the unofficial
engrossment, as amended, as follows:
����� Page 1, after line 9, insert:
"ARTICLE 1
MORATORIUM ON CERTAIN
TAKINGS"
����� Page 9, line 20, delete "This act" and insert
"Sections 1 to 16 of this article"
����� Page 9, line 21, before the period, insert ", and
expire July 1, 2008"
����� Page 9, after line 21, insert:
"ARTICLE 2
BLUE RIBBON TASK FORCE ON
EMINENT DOMAIN
Section 1.� BLUE
RIBBON TASK FORCE ON EMINENT DOMAIN ESTABLISHED.�
Subdivision 1.� Blue
ribbon task force established; membership.� A blue ribbon task force on eminent domain
is established, consisting of 15 members appointed as provided in this
section.� All appointments must be made
as soon as practicable after the effective date of this article.
Subd. 2.� Governor's
appointments.� The governor
shall appoint 11 members.
(a) Three appointees must
have special knowledge or expertise on the benefits of the broad use of eminent
domain power and three must have special knowledge or expertise on the benefits
of the restricted use of eminent domain power.
(b)
Three appointees must be neutral but knowledgeable on the issue of the use of
eminent domain.
(c) One must be an attorney who represents governmental
entities in eminent domain cases and one must be an attorney who represents
property owners in eminent domain cases.�
The governor must consider the recommendations of the Minnesota State
Bar Association in making these appointments.
Subd. 3.� Legislative appointments.� The ranking majority and minority members
of the house and senate committees with jurisdiction over commerce issues shall
each make one appointment to the task force.
Subd. 4.� Chair.� The governor shall designate one of the
members appointed under subdivision 2, paragraph (b), to serve as chair of the
task force.� The chair shall convene the
first meeting of the task force.� The
task force may appoint other members to serve as vice-chair and secretary.
Sec. 2.� DUTIES, STUDY TOPICS.�
Subdivision 1.�
General.� The task force must study thoroughly all
matters relating to the exercise of the power of eminent domain and whether its
use comports with general requirements of fairness, justice, equal protection,
and due process.� The task force, at a
minimum, must study and report on the topics listed in this section.
Subd. 2.� Past uses of eminent domain.� The task force must study and report on:
(a) all exercises of the power of eminent domain in Minnesota
to acquire residential property for transfer to another private use, completed
between January 1, 2000, and January 1, 2005.�
The report must distinguish between owner-occupied residential
properties taken and other properties;
(b) the declared purposes for these acquisitions;
(c) the initial offer and final award in each case;
(d) the total compensation paid for each acquisition, listing
separately acquisition price, relocation assistance, and any other element of
compensation or reimbursement; and
(e) the current ownership and use of each property.
Subd. 3.� Recommendations.� The task force must study and report on
how the provisions of article 1 of this act have worked, and, at a minimum,
address the questions below.
(a) Is there a way to insure that eminent domain is not used
in a discriminatory way to acquire property based on the race, ethnicity, age,
or income of the majority of the population in the area? Is there a way to
insure that the use of eminent domain does not have a disparate impact on
minority populations, the elderly, and low-income persons?
(b) Should there be additional compensation paid for a
property owner's sentimental or emotional attachment to the property, based on,
for example, the owner's long residence there? If there should be additional
compensation, how should it be determined and who should determine it?
(c) Should there be additional compensation paid for special
features or unusual work done on the residence, whether practical or
aesthetically pleasing, that would not otherwise be accounted for in market
value?
(d) Are those whose homes are taken receiving the full amount
they should receive under the relocation law, and is the requirement that the
compensation be sufficient to allow the property owner to acquire comparable
property in the same community followed?
(e)
Should eminent domain matters be tried de novo in district court or should
deference be given to the fact-finding of the condemning authority?
(f) What should the burden of proof be and should it be
different for different elements or types of takings?
(g) Should there be a different measure for what constitutes
just compensation? Who should have the burden of proving what is just
compensation? Should attorneys fees be allowed, and, if so, on what terms?
Should the ultimate disposition of the property taken make a difference in the
compensation paid?
(h) Should the level of crime in the general area of the
property proposed to be taken be a factor in determining blight? Should the
level of crime related to the specific property affect compensation?
(i) If property taken is ultimately transferred to another
private owner, should the owner's whose property was taken receive some portion
of any amount paid to the condemning authority that is greater than the amount
paid to the property owner by the condemning authority? Should compensation such
as this depend on other factors, such as how long the condemning authority held
the property or whether it was used for governmental purposes?
(j) Should a special court be established to handle eminent
domain matters, similar to the tax court and workers compensation court?
(k) Should a partial taking of a business property ever
receive compensation for loss of a going concern?
(l) What, if any, eminent domain procedures or compensation
should be different based on whether the property taken is owner-occupied,
rental residential, business, nonprofit or charitable, or other?
(m) Should the exercise of the power of eminent domain by
local governments require a vote of the local elected officials?
(n) Should a taking by a local government to provide publicly
owned housing be treated the same as a taking for a road?
(o) What are the additional costs to the taxpayers due to the
changes in eminent domain law under article 1?
(p) Under what circumstances is it fair to the taxpayers and
the property owner to pay compensation for loss of a going concern?
(q) Does the relocation assistance requirement to place a
displaced person in housing that is at least of equal value and in the same
area as the property taken working? Are there changes that would make this
element of compensation fair to all? Are the costs of financing taken into
account?
Sec. 3.� REPORT BY JANUARY 15, 2008.�
The task force must submit a report on its findings,
conclusions, and recommendations on legislative and administrative actions by
January 15, 2008.� The report must be
submitted to the governor and to the legislature, as provided in Minnesota
Statutes, section 3.195, and to the chairs of the house and senate committees
with jurisdiction over civil law, transportation, state government, and local
government.
Sec.
4.� EFFECTIVE
DATE; EXPIRATION.�
This article is effective the day following final enactment
and expires June 30, 2009."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion did not prevail and the
amendment was not adopted.
����� Slawik was excused between the hours of
6:10 p.m. and 7:50 p.m.
����� Vandeveer, Ozment and Hackbarth moved to
amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:
����� Page 9, after line 15, insert:
"Sec. 17.�
Minnesota Statutes 2004, section 394.36, is amended by adding a
subdivision to read:
Subd. 4.� Ownership of lot or parcel not relevant.� (a) A county shall not refuse to issue a
permit for construction of a single-family residence based upon the common
ownership of a contiguous nonconforming lot or parcel, provided that contiguous
nonconforming lots or parcels under the same ownership contain no more than
three residential structures.� A
conforming lot or parcel of land shall retain its conforming status regardless
of the ownership of title to an adjoining nonconforming lot or parcel of
land.� Nothing in this subdivision shall
be construed to prohibit the application of other applicable statutes,
ordinances, or regulations in furtherance of health, safety, or welfare, nor
allow an increase in the nonconformity of a lot or parcel.� A county shall not prohibit the sale of a
residential lot based upon the common ownership of a contiguous nonconforming
lot or parcel.� This subdivision applies
to lots and parcels defined as shoreland within the meaning of section
103F.205.
(b) A municipality shall not refuse to issue a permit for
construction of a single-family residence based upon the common ownership of a
contiguous nonconforming lot or parcel, provided that contiguous nonconforming
lots or parcels under the same ownership contain no more than three residential
structures.� A conforming lot or parcel
of land shall retain its conforming status regardless of the ownership of title
to an adjoining nonconforming lot or parcel of land.� Nothing in this subdivision shall be
construed to prohibit the application of other applicable statutes, ordinances,
or regulations in furtherance of health, safety, or welfare, nor allow an increase
in the nonconformity of a lot or parcel.�
A municipality shall not prohibit the sale of a residential lot or
parcel.� This subdivision applies to lots
and parcels defined as shoreland within the meaning of section 103F.205."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion prevailed and the amendment was
adopted.
����� Zellers, Holberg, Hoppe and DeLaForest
moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as
follows:
����� Page 7, delete lines 30 to 32
����� Page 8, delete lines 1 to 9 and insert:
"Subd. 2.� Public hearing; vote by local government
governing body.� (a) Before a
local government or local government agency commences an eminent domain
proceeding under section 117.055, a public hearing must be held as provided in
this section.� The local government must
notify each owner of property that may be acquired in writing by certified mail
of the public hearing on the proposed taking, post the public hearing
information on the local government's Web site, if any, and publish notice of
the public hearing in a newspaper of general circulation in the local
government's jurisdiction.� Notice must
be provided at least 30 days but not more than 60 days before the hearing.�
(b) Any interested person must be allowed reasonable time to
present relevant testimony at the public hearing.� The proceedings of the hearing must be
recorded and available to the public for review and comment at reasonable times
and a reasonable place.� At the next
regular meeting of the local government that is at least 30 days after the
public hearing, the local government must vote on the question of whether to
authorize the local government or local government agency to use eminent domain
to acquire the property."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion prevailed and the amendment was
adopted.
����� Abrams and Lenczewski moved to amend S. F.
No. 2750, the unofficial engrossment, as amended, as follows:
����� Page 9, line 21, after "2006"
insert:
", except the act does not apply to an action brought
in connection with a project that satisfies one of the following conditions:
(1) with respect to property identified as intended to be
acquired in a tax increment financing plan, as approved by the municipality, as
that term is used in Minnesota Statutes, section 469.174, subdivision 6, by the
day following final enactment under Minnesota Statutes, section 469.175, if the
condemning authority has satisfied one or more of the following conditions in
connection with the tax increment financing plan:
(i) the developer has acquired property by May 1, 2006, in
reliance on the condemning authority's contractual obligation to condemn
property; or
(ii) by May 1, 2006, the condemning authority has issued,
sold, or entered a binding agreement to issue or sell bonds or other
obligations to finance the costs of the tax increment financing plan and has
commenced the condemnation action within 2 years after the bonds were issued;
or
(2) the tax increment financing district was certified before
April 1, 2006; a tax increment financing plan, adopted before April 1, 2006,
identified the property as intended to be acquired; and the condemning
authority has commenced the condemnation action within five years after
certification of the district; or
(3)
creation of the tax increment financing district was authorized under a special
law that received local approval or became effective without local approval
before April 1, 2006, and the condemning authority commences the action within
the time period permitted under the applicable general or special law for
making expenditures to comply with Minnesota Statutes, section 469.1763,
subdivision 3, but not to exceed a ten-year period; or
(4) the condemning authority
commences the action before April 1, 2011, to complete land assembly for a
project, financed in whole or part with abatement under Minnesota Statutes,
sections 469.1813 through 469.1815, and the abatement resolution was adopted by
one of the participating political subdivisions before April 1, 2006"
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
����� Goodwin moved to amend S. F. No. 2750, the unofficial
engrossment, as amended, as follows:
����� Page 9, after line 15, insert:
����� "Sec. 17.� SPECIFIC EXEMPTIONS.�
����� (a) Until December 30, 2006, the Sauk Rapids downtown impact
mitigation project is exempt from this act.
����� (b) This act does not apply to an action brought in
connection with a project if by April 1, 2006, the condemning authority has
acquired property at a public cost of $750,000 or more in anticipation of
creating a tax increment financing district under Minnesota Statutes, section
469.175, or adopting a tax abatement resolution under Minnesota Statutes,
section 469.1813, and the condemning authority commences the condemnation
action within three years after the acquisition or the approval of the tax
increment financing plan or abatement resolution, whichever occurs last."
����� Renumber the sections in sequence and correct the internal
references
����� Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Goodwin amendment and the roll
was called.� There were 58 yeas and 74 nays
as follows:
����� Those who
voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Latz
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Solberg
Thao
Wagenius
Walker
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Larson
Liebling
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, A.
Peterson, N.
Poppe
Powell
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� S. F. No. 2750, A bill for an act relating
to eminent domain; defining public use or purpose; prohibiting the use of
eminent domain for economic development; requiring clear and convincing
evidence for certain takings; providing for attorney fees and other additional
elements of compensation; making other changes in the exercise of eminent
domain; amending Minnesota Statutes 2004, sections 117.025; 117.036; 117.055;
117.075, subdivision 1, by adding a subdivision; 117.085; 117.51; 117.52,
subdivision 1, by adding a subdivision; 163.12, subdivisions 1a, 1b; proposing
coding for new law in Minnesota Statutes, chapter 117.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 115 yeas and 17 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Clark
Davnie
Ellison
Hausman
Hilty
Hornstein
Huntley
Johnson, S.
Kahn
Lanning
Mariani
Mullery
Paymar
Peterson, N.
Thao
Wagenius
Walker
����� The bill was passed, as amended, and its title agreed to.
����� Hausman was excused for the remainder of today's session.
����� H. F. No. 263 was reported to the House.
����� Abrams moved to amend H. F. No. 263, the third engrossment, as
follows:
����� Page 4, after line 33, insert:
"Sec. 8.� RECREATIONAL
PROGRAM ASSESSMENT.�
The commissioner of natural
resources, in cooperation with the Board of Regents of the University, shall
submit to the governor and the legislature by January 15, 2007, an assessment
of the short-term and long-term programmatic plans for the development of the
land identified in section 1, subdivision 8.�
The assessment shall include, but is not limited to, a timeline for
providing the recreational opportunities, and the needed restoration including
native species of local ecotype, measurable outcomes and anticipated
costs.� The commissioner of natural
resources shall consult with interested stakeholders to assist in the
development of the plan."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
����� Abrams and Wagenius moved to amend H. F. No. 263, the third
engrossment, as amended, as follows:
����� Page 4, line 17, delete "discharged, disposed of, or
deposited" and insert "released"
����� Page 4, line 19, after "took title thereto"
insert ", unless the University took action that significantly
contributed to the release after the University knew or reasonably should have
known that a hazardous substance or pollutant or contaminant was located in or
on the land."
����� The motion prevailed and the amendment was adopted.
����� Knoblach; Beard; Bradley; Buesgens; Greiling; Ruth; Paymar;
Erickson; Urdahl; Haws; Klinzing; Goodwin; Kahn; Peterson, N.; Newman; Smith;
Krinkie; Wilkin; Olson and Dempsey moved to amend H. F. No. 263, the third
engrossment, as amended, as follows:
����� Delete everything after the enacting
clause and insert:
"Section 1.� DEFINITIONS.�
Subdivision 1.�
Applicability.� The definitions in this section apply to
sections 2 to 7.
Subd. 2.� Commissioner.� "Commissioner" means the
commissioner of finance.
Subd. 3.� Stadium.� "Stadium" means an athletic
stadium suitable for intercollegiate National Collegiate Athletic Association
(NCAA) Division I football games and related infrastructure improvements
constructed on the University of Minnesota's east bank campus in the city of Minneapolis.
Subd. 4.� Board.� "Board" means the regents of the
University of Minnesota.
Subd. 5.� Commission.� "Commission" means the
Metropolitan Sports Facilities Commission.
Sec. 2.� ACTIVITIES; CONTRACTS.�
The legislature recognizes that the board has all powers
necessary or convenient for designing, constructing, equipping, improving,
controlling, operating, and maintaining the stadium and may enter into
contracts that are in its judgment in the best interests of the public for
those purposes.� Notwithstanding contrary
law, the board may adopt the fair and competitive design and construction
procurement procedures in connection with the stadium that it considers to be
in the public interest.
Sec. 3.� CONDITIONS FOR PAYMENT TO THE
UNIVERSITY.�
Before the commissioner may make the first payment to the
board authorized in this section the commissioner must certify that the board
has received at least $149,000,000 in pledges, gifts, sponsorships and other
nonstate general fund revenue support for the construction of the stadium.� On July 1 of each year after certification by
the commissioner, but no earlier than July 1, 2007, and for so long thereafter
as any bonds issued by the board for the construction of the stadium are
outstanding, the state must transfer to the board $7,400,000 to reimburse the
board for its stadium costs, provided that bonds issued to pay the state's
share of such costs shall not exceed $99,000,000 or 50 percent of the total
cost of construction, whichever is less.�
$7,400,000 is appropriated annually from the general fund for the
purpose of this section.� The
appropriation of up to $7,400,000 per year may be made for no more than 25
years.� Except to the extent of the
annual appropriation described in this section, the state is not required to
pay any part of the cost of designing or constructing the stadium.
Sec. 4.� NO FULL FAITH AND CREDIT.�
Any bonds or other obligations issued by the board under this
act are not public debt of the state, and the full faith and credit and taxing
powers of the state are not pledged for their payment, or of any payments that
the state agrees to make under this act.
Sec. 5.� PUBLIC USE OF STADIUM.�
The Board of Regents is requested, in furtherance of its
outreach mission and subject to its policies regarding the use of University
facilities, to provide ample opportunities for use of the stadium for events
sponsored by public bodies including public schools.
Sec.
6.� �[473.5955] TERMINATION OF LEASE.�
The lease between the Regents of the University of Minnesota
and the commission dated May 19, 1982, that requires the University of
Minnesota football team to play its home football games at the Hubert H.
Humphrey Metrodome until July 1, 2012, may be terminated by the board effective
on or after the date designated by the board as the date of completion of the
stadium on the University of Minnesota's east bank campus in the city of
Minneapolis.
Sec. 7.� REVISOR'S INSTRUCTION.�
The revisor of statutes shall codify sections 1 to 5 of this
act in chapter 137 in the next edition of Minnesota Statutes.
Sec. 8.� EFFECTIVE DATE.�
Sections 1 to 5 are effective the day following final
enactment."
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Knoblach et
al amendment and the roll was called.�
There were 47 yeas and 86 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Beard
Bradley
Buesgens
Charron
DeLaForest
Dempsey
Eastlund
Erickson
Gazelka
Goodwin
Greiling
Haws
Heidgerken
Hilty
Hosch
Johnson, J.
Johnson, S.
Kahn
Klinzing
Knoblach
Kohls
Krinkie
Liebling
Loeffler
Marquart
Mullery
Newman
Nornes
Olson
Otremba
Paulsen
Paymar
Peppin
Peterson, N.
Powell
Ruth
Scalze
Seifert
Severson
Smith
Soderstrom
Urdahl
Welti
Westrom
Wilkin
Zellers
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, I.
Atkins
Bernardy
Blaine
Brod
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Emmer
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gunther
Hackbarth
Hamilton
Hansen
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howes
Huntley
Jaros
Johnson, R.
Juhnke
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lillie
Magnus
Mahoney
Mariani
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nelson, P.
Ozment
Pelowski
Penas
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Samuelson
Sertich
Sieben
Simon
Simpson
Slawik
Solberg
Sykora
Thao
Thissen
Tingelstad
Vandeveer
Wagenius
Walker
Wardlow
Westerberg
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Davnie moved to amend H. F. No. 263, the
third engrossment, as amended, as follows:
����� Page 2, line 26, before "Before"
insert "(a)"
����� Page 3, after line 9, insert:
"(b) The board must certify to the commissioner that
the per semester student fee contribution to the stadium will be at a fixed
level coterminous with bonds issued by the board to meet the student share of
the design construction of the stadium and that the student fee will not be
increased to meet construction cost overruns."
����� The motion prevailed and the amendment was
adopted.
����� Kahn and Hausman moved to amend H. F. No.
263, the third engrossment, as amended, as follows:
����� Page 3, after line 9, insert:
"Sec. 5.� EMINENT DOMAIN.�
The board may not acquire the fire station number 19 building
for the construction of the stadium and related infrastructure, either directly
or indirectly, through the exercise of the power of eminent domain."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Kahn and
Hausman amendment and the roll was called.�
There were 61 yeas and 72 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Bernardy
Buesgens
Carlson
Clark
Davnie
Dean
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hosch
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Krinkie
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Olson
Ozment
Paymar
Peterson, A.
Peterson, S.
Rukavina
Scalze
Sieben
Slawik
Solberg
Thao
Urdahl
Wagenius
Walker
Wardlow
Welti
Wilkin
����� Those who voted in the negative were:
Abrams
Beard
Blaine
Bradley
Brod
Charron
Cornish
Cox
Cybart
Davids
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hoppe
Hortman
Howes
Huntley
Jaros
Johnson, J.
Klinzing
Kohls
Lanning
Larson
Latz
Lenczewski
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Otremba
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Seifert
Sertich
Severson
Simon
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Vandeveer
Westerberg
Westrom
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Kahn and Hausman moved to amend H. F. No.
263, the third engrossment, as amended, as follows:
����� Page 3, after line 9, insert:
"Sec. 5.� FEES SUBJECT TO REFERENDUM.�
The board may not impose a student fee in connection with the
construction of the stadium, unless it first obtains the approval of a majority
of the students voting on the issue at a referendum at which all students
currently enrolled are entitled to vote."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� Vandeveer offered an amendment to the Kahn
and Hausman amendment to H. F. No. 263, the third engrossment,
as amended.
POINT OF ORDER
����� Sertich raised a point of order pursuant
to rule 3.21 that the Vandeveer amendment to the Kahn and Hausman amendment was
not in order.� The Speaker ruled the
point of order well taken and the Vandeveer amendment to the Kahn and Hausman
amendment out of order.
����� The question recurred on the Kahn and
Hausman amendment and the roll was called.�
There were 46 yeas and 84 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Bernardy
Buesgens
Carlson
Clark
Davnie
Dean
Eken
Ellison
Fritz
Greiling
Hansen
Haws
Heidgerken
Hilty
Holberg
Hortman
Hosch
Johnson, S.
Kahn
Klinzing
Krinkie
Lenczewski
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Olson
Paymar
Rukavina
Ruud
Sailer
Scalze
Seifert
Slawik
Vandeveer
Wagenius
Walker
Wardlow
Welti
Wilkin
����� Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Blaine
Bradley
Brod
Charron
Cornish
Cox
Cybart
Davids
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Emmer
Entenza
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hilstrom
Hoppe
Hornstein
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Kelliher
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lesch
Lieder
Magnus
McNamara
Meslow
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Samuelson
Sertich
Severson
Sieben
Simon
Simpson
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Westerberg
Westrom
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Krinkie moved to amend H. F. No. 263, the
third engrossment, as amended, as follows:
����� Page 2, line 33, delete "$9,400,000"
and insert "$6,000,000"
����� Page 3, line 2, delete "$9,400,000"
and insert "$6,000,000"
����� Page 3, line 7, after the period, insert
"Any additional income generated by the University as a direct result
of the stadium's use shall be used to pay the bond."
����� A roll call was requested and properly
seconded.
����� The question was taken on the Krinkie
amendment and the roll was called.� There
were 29 yeas and 102 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Buesgens
Dean
Dittrich
Emmer
Erickson
Greiling
Hackbarth
Heidgerken
Howes
Klinzing
Knoblach
Krinkie
Lenczewski
Mahoney
Marquart
Newman
Olson
Otremba
Peppin
Seifert
Severson
Smith
Urdahl
Vandeveer
Westrom
Wilkin
Zellers
����� Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hamilton
Hansen
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Kohls
Lanning
Larson
Latz
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Nornes
Ozment
Paulsen
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Wagenius
Walker
Wardlow
Welti
Westerberg
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Knoblach moved to amend H. F. No. 263, the
third engrossment, as amended, as follows:
����� Page 3, line 17, delete "in
perpetuity"
����� Page 3, line 19, before the period, insert
"until title to the University land is transferred to the Minnesota
Department of Natural Resources under subdivision 2"
����� Page 3, line 28, before the period, insert
"until title to the University land is transferred to the Minnesota
Department of Natural Resources under subdivision 2"
����� Page 3, line 30, delete "Except as
limited in"
����� Page 3, delete lines 31 to 33
����� Page 4, line 6, delete "Any
conveyance shall"
����� Page 4, delete line 7
����� Page 4, line 8, delete "permitted
University uses." and delete "also"
����� Page 4, line 9, delete "The
instruments of"
����� Page 4, delete lines 10 to 13
����� Page 4, line 14, delete everything before
the period
����� A roll call was requested and properly
seconded.
����� The question was taken on the Knoblach
amendment and the roll was called.� There
were 61 yeas and 72 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Beard
Bradley
Buesgens
Charron
Cybart
Dean
DeLaForest
Dittrich
Eastlund
Eken
Emmer
Erickson
Garofalo
Gazelka
Hackbarth
Haws
Heidgerken
Holberg
Hosch
Johnson, J.
Kahn
Klinzing
Knoblach
Kohls
Krinkie
Lenczewski
Liebling
Magnus
Mahoney
Marquart
Mullery
Nelson, P.
Newman
Olson
Otremba
Paulsen
Paymar
Penas
Peppin
Peterson, A.
Peterson, N.
Powell
Ruth
Ruud
Scalze
Seifert
Severson
Simpson
Smith
Soderstrom
Thao
Urdahl
Vandeveer
Wagenius
Walker
Welti
Westrom
Wilkin
Zellers
����� Those who voted in the negative were:
Abeler
Abrams
Atkins
Bernardy
Blaine
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
Demmer
Dempsey
Dill
Dorman
Dorn
Ellison
Entenza
Erhardt
Finstad
Fritz
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Lanning
Larson
Latz
Lesch
Lieder
Lillie
Loeffler
Mariani
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nornes
Ozment
Pelowski
Peterson, S.
Poppe
Rukavina
Sailer
Samuelson
Sertich
Sieben
Simon
Slawik
Solberg
Sykora
Thissen
Tingelstad
Wardlow
Westerberg
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Krinkie, Hoppe, DeLaForest, Zellers, Emmer
and Howes moved to amend H. F. No. 263, the third engrossment, as amended, as
follows:
����� Page 3, line 28, after the period, insert
"The joint powers agreement, or conservation easement, must permit at
least 75 percent of the University land conveyed to be open for firearms
hunting under regulations of the commissioner of natural resources."
����� A roll call was requested and properly
seconded.
����� The question was taken on the Krinkie et
al amendment and the roll was called.�
There were 46 yeas and 87 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Buesgens
Cornish
Cybart
Dean
DeLaForest
Dill
Dittrich
Eken
Emmer
Erickson
Garofalo
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Klinzing
Knoblach
Kohls
Krinkie
Lillie
Mahoney
Marquart
Moe
Nelson, P.
Newman
Olson
Otremba
Penas
Peppin
Sailer
Scalze
Seifert
Severson
Smith
Soderstrom
Thao
Vandeveer
Westrom
Wilkin
Zellers
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cox
Davids
Davnie
Demmer
Dempsey
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Finstad
Fritz
Gazelka
Goodwin
Greiling
Hansen
Haws
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Magnus
Mariani
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Nornes
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Samuelson
Sertich
Sieben
Simon
Simpson
Slawik
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Abrams moved to amend H. F. No. 263, the
third engrossment, as amended, as follows:
����� Page 4, line 19, after "endeavor"
insert "and use due diligence"
����� The motion prevailed and the amendment was
adopted.
����� Hansen and Ozment moved to amend H. F. No.
263, the third engrossment, as amended, as follows:
����� Page 4, line 21, after the period, insert
"The University shall seal any abandoned wells on the land pursuant to
state law."
����� The motion prevailed and the amendment was
adopted.
����� The Speaker called Abrams to the Chair.
����� H. F. No. 263, A bill for an act relating
to a University of Minnesota football stadium; providing a process for state
support of a football stadium at the University of Minnesota; transferring land
in Dakota County from the University to the Department of Natural Resources; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 473.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 103 yeas and 30 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Juhnke
Kelliher
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Wardlow
Welti
Westerberg
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Anderson, B.
Buesgens
Clark
Eken
Ellison
Emmer
Erickson
Gazelka
Goodwin
Greiling
Haws
Hilty
Johnson, S.
Kahn
Klinzing
Knoblach
Krinkie
Liebling
Mahoney
Olson
Otremba
Paymar
Peppin
Sailer
Severson
Soderstrom
Vandeveer
Walker
Westrom
Wilkin
����� The bill was passed, as amended, and its
title agreed to.
����� Paulsen moved that the remaining bills on
the Calendar for the Day be continued.�
The motion prevailed.
MOTIONS AND RESOLUTIONS
����� Beard moved that the name of Poppe be
added as an author on H. F. No. 1667.� The motion prevailed.
����� Bernardy moved that the names of Koenen
and Otremba be added as authors on H. F. No. 2364.� The motion prevailed.
����� Atkins moved that the name of Loeffler be
added as an author on H. F. No. 2514.� The motion prevailed.
����� Peterson, S., moved that the name of
Carlson be added as an author on H. F. No. 3642.� The motion prevailed.
����� Mariani moved that the names of Wagenius
and Hosch be added as authors on H. F. No. 3770.� The motion prevailed.
����� Davids moved that the name of Hackbarth be
added as an author on H. F. No. 4041.� The motion prevailed.
����� Lanning moved that the names of Sieben and Cox be added as
authors on H. F. No. 4100.�
The motion prevailed.
����� Carlson moved that the name of Peterson, S., be added as an
author on H. F. No. 4102.�
The motion prevailed.
����� Nelson, P., moved that the name of Tingelstad be added as an
author on H. F. No. 4105.�
The motion prevailed.
����� Buesgens moved that H. F. No. 3179, now on the
General Register, be re-referred to the Committee on Education Finance.� The motion prevailed.
����� Buesgens moved that H. F. No. 3380, now on the
General Register, be re-referred to the Committee on Ways and Means.� The motion prevailed.
ADJOURNMENT
����� Paulsen moved that when the House adjourns today it adjourn
until 3:00 p.m., Monday, April 10, 2006.�
The motion prevailed.
����� Paulsen moved that the House adjourn.� The motion prevailed, and Speaker pro tempore
Abrams declared the House stands adjourned until 3:00 p.m., Monday, April 10,
2006.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives