MONDAY, APRIL 21, 2008 8719 Journal of the Senate EIGHTY-FIFTH LEGISLATURE
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105TH DAY] MONDAY, APRIL 21, 2008 8719 Journal of the Senate EIGHTY-FIFTH LEGISLATURE ONE HUNDRED FIFTH DAY St. Paul, Minnesota, Monday, April 21, 2008 The Senate met at 2:00 p.m. and was called to order by the President. CALL OF THE SENATE Senator Clark imposed a call of the Senate. The Sergeant at Arms was instructed to bring in the absent members. Prayer was offered by the Chaplain, Rev. Carl M. Nielsen, III. The members of the Senate gave the pledge of allegiance to the flag of the United States of America. The roll was called, and the following Senators answered to their names: Anderson Erickson Ropes Langseth Olson, M. Senjem Bakk Fischbach Larson Ortman Sheran Berglin Foley Latz Pappas Sieben Betzold Frederickson Limmer Pariseau Skoe Bonoff Gerlach Lourey Pogemiller Skogen Carlson Hann Lynch Prettner Solon Sparks Clark Higgins Marty Rest Stumpf Cohen Ingebrigtsen Metzen Robling Tomassoni Dahle Johnson Michel Rosen Vandeveer Day Jungbauer Moua Rummel Vickerman Dibble Koch Murphy Saltzman Wergin Dille Koering Olseen Saxhaug Wiger Doll Kubly Olson, G. Scheid The President declared a quorum present. The reading of the Journal was dispensed with and the Journal, as printed and corrected, was approved. EXECUTIVE AND OFFICIAL COMMUNICATIONS The following communications were received. April 17, 2008 The Honorable James P. Metzen PresidentoftheSenate 8720 JOURNAL OF THE SENATE [105TH DAY Dear President Metzen: Please be advised that I have received, approved, signed and deposited in the Office of the Secretary of State, S.F. Nos. 1218, 2402, 2806, 3084, 1018, 1436, 3070, 3135, 3397, 3202, 3362, 2755 and 3622. Sincerely, Tim Pawlenty, Governor April 17, 2008 The Honorable Margaret Anderson Kelliher Speaker of the House of Representatives The Honorable James P. Metzen PresidentoftheSenate I have the honor to inform you that the following enrolled Acts of the 2008 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23: Time and S.F. H.F. Session Laws Date Approved Date Filed No. No. Chapter No. 2008 2008 1218 190 8:42 a.m. April 17 April 17 1314 191 8:15 a.m. April 17 April 17 2599 192 3:40 p.m. April 17 April 17 3138 194 8:17 a.m. April 17 April 17 2402 195 3:55 p.m. April 17 April 17 3357 196 8:19 a.m. April 17 April 17 2806 197 8:22 a.m. April 17 April 17 3084 198 8:22 a.m. April 17 April 17 1018 199 8:25 a.m. April 17 April 17 1436 200 8:27 a.m. April 17 April 17 3070 201 8:30 a.m. April 17 April 17 3135 202 8:32 a.m. April 17 April 17 3397 203 8:34 a.m. April 17 April 17 3202 204 8:35 a.m. April 17 April 17 3362 205 8:36 a.m. April 17 April 17 2755 206 8:36 a.m. April 17 April 17 3622 207 8:40 a.m. April 17 April 17 Sincerely, Mark Ritchie Secretary of State 105TH DAY] MONDAY, APRIL 21, 2008 8721 April 18, 2008 The Honorable James P. Metzen PresidentoftheSenate Dear President Metzen: Please be advised that I have received, approved, signed and deposited in the Office of the Secretary of State, S.F. Nos. 2822 and 1918. Sincerely, Tim Pawlenty, Governor April 18, 2008 The Honorable Margaret Anderson Kelliher Speaker of the House of Representatives The Honorable James P. Metzen PresidentoftheSenate I have the honor to inform you that the following enrolled Acts of the 2008 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23: Time and S.F. H.F. Session Laws Date Approved Date Filed No. No. Chapter No. 2008 2008 2822 208 2:20 p.m. April 18 April 18 1918 212 10:49 a.m. April 18 April 18 Sincerely, Mark Ritchie Secretary of State MESSAGES FROM THE HOUSE Mr. President: I have the honor to announce the passage by the House of the following Senate Files, herewith returned: S.F. Nos. 599, 3119, 3227 and 3446. Albin A. Mathiowetz, Chief Clerk, House of Representatives Returned April 17, 2008 8722 JOURNAL OF THE SENATE [105TH DAY Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: S.F. No. 2564: A bill for an act relating to human services; modifying TANF maintenance of effort programs; amending Laws 2007, chapter 147, article 19, section 3, subdivision 1. Senate File No. 2564 is herewith returned to the Senate. Albin A. Mathiowetz, Chief Clerk, House of Representatives Returned April 17, 2008 CONCURRENCE AND REPASSAGE Senator Berglin moved that the Senate concur in the amendments by the House to S.F. No. 2564 and that the bill be placed on its repassage as amended. The motion prevailed. S.F. No. 2564 was read the third time, as amended by the House, and placed on its repassage. The question was taken on the repassage of the bill, as amended. The roll was called, and there were yeas 58 and nays 1, as follows: Those who voted in the affirmative were: Bakk Foley Larson Pappas Sheran Berglin Frederickson Limmer Pariseau Sieben Betzold Gerlach Lourey Pogemiller Skoe Carlson Hann Lynch Prettner Solon Skogen Clark Higgins Metzen Rest Sparks Cohen Ingebrigtsen Michel Robling Stumpf Dahle Johnson Moua Rosen Tomassoni Day Jungbauer Murphy Rummel Vickerman Dibble Koch Olseen Saltzman Wergin Doll Koering Olson, G. Saxhaug Wiger Erickson Ropes Kubly Olson, M. Scheid Fischbach Langseth Ortman Senjem Those who voted in the negative were: Vandeveer So the bill, as amended, was repassed and its title was agreed to. MESSAGES FROM THE HOUSE - CONTINUED Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: 105TH DAY] MONDAY, APRIL 21, 2008 8723 S.F. No. 2881: A bill for an act relating to commerce; regulating contracts for deed, rates of interest on certain contracts, and mortgage lending; providing verification of the borrower's reasonable ability to repay a mortgage loan; providing penalties and remedies for a mortgage broker's failure to comply with the broker's duties of agency; amending Minnesota Statutes 2006, sections 47.20, subdivision 2; 334.01, subdivision 2; Minnesota Statutes 2007 Supplement, sections 58.13, subdivision 1; 58.18, subdivisions 1, 2. Senate File No. 2881 is herewith returned to the Senate. Albin A. Mathiowetz, Chief Clerk, House of Representatives Returned April 17, 2008 Senator Scheid moved that the Senate do not concur in the amendments by the House to S.F. No. 2881, and that a Conference Committee of 3 members be appointed by the Subcommittee on Conference Committees on the part of the Senate, to act with a like Conference Committee appointed on the part of the House. The motion prevailed. Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: S.F. No. 3049: A bill for an act relating to children's mental health; requiring children's mental health providers to develop a plan for and comply with requirements on the use of restrictive procedures; modifying chemical use assessments; amending Minnesota Statutes 2006, section 256B.0943, subdivision 5; Minnesota Statutes 2007 Supplement, section 254A.19, subdivision 3, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 245. Senate File No. 3049 is herewith returned to the Senate. Albin A. Mathiowetz, Chief Clerk, House of Representatives Returned April 17, 2008 CONCURRENCE AND REPASSAGE Senator Berglin moved that the Senate concur in the amendments by the House to S.F. No. 3049 and that the bill be placed on its repassage as amended. The motion prevailed. S.F. No. 3049 was read the third time, as amended by the House, and placed on its repassage. The question was taken on the repassage of the bill, as amended. The roll was called, and there were yeas 61 and nays 1, as follows: Those who voted in the affirmative were: Anderson Berglin Carlson Cohen Day Bakk Betzold Clark Dahle Dibble 8724 JOURNAL OF THE SENATE [105TH DAY Doll Koch Michel Rest Skogen Erickson Ropes Koering Moua Robling Sparks Fischbach Kubly Murphy Rosen Stumpf Foley Langseth Olseen Rummel Tomassoni Frederickson Larson Olson, G. Saltzman Vickerman Gerlach Latz Olson, M. Saxhaug Wergin Hann Limmer Ortman Scheid Wiger Higgins Lourey Pappas Senjem Ingebrigtsen Lynch Pariseau Sheran Johnson Marty Pogemiller Sieben Jungbauer Metzen Prettner Solon Skoe Those who voted in the negative were: Vandeveer So the bill, as amended, was repassed and its title was agreed to. MESSAGES FROM THE HOUSE - CONTINUED Mr. President: I have the honor to announce the passage by the House of the following Senate File, AS AMENDED by the House, in which amendments the concurrence of the Senate is respectfully requested: S.F. No. 3138: A bill for an act relating to health; changing provisions for handling genetic information; amending Minnesota Statutes 2006, sections 13.386, subdivision 3; 144.05, by adding a subdivision; Minnesota Statutes 2007 Supplement, section 144.125, subdivision 3.