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A Roll Call Was Requested and Properly Seconded. a Roll.Call Was 2246 JOURNAL OF THE HOUSE [53rd Day 53rd Day] S.F. H.F. Session Laws Nysether Date Approved Date Filed Olsen No. No. Chapter No. 1979 1979 Onnen Pavlak 668 79 Peterson May 10 May 10 Piepho 1388 80 May 10 May 10 Those w] Sincerely, Adams Anderson, B. Anderson, G. JOAN ANDERSON GROWE Anderson,!. Secretary of State Battaglia Begich Berglin A communication was received from the Honorable Robert J. Berkelman Sheran, Chief Justice, Supreme Court, State of Minnesota: "In Brinkman the Matter of the Contest of General Election Held on November Byrne 7,1978, for the Purpose of Electing a State Representative in the Carlson, L. Casserly Counties of Ramsey and Dakota, State of Minnesota; James Clark Scheibel, et aI, contestants, Appellants, v. Robert Pavlak, con- Clawson testee, Respondent." . Sieben, H., moved that Pavlak be precluded from voting on any substantive or procedural issues concerning his election Crandal contest. Represent amendmer point of 0] A roll call was requested and properly seconded. There v POINT OF ORDER and the ( not adoptE Peterson raised a point of order pursuant to rule 1.12 that The qw the Sieben, H., motion was not in order. The Speaker ruled the point of order not well taken. was called Those v Crandall moved to amend the Sieben, H., motion as follows: Adams After "election contest" insert "and further that Representa­ Anderson, 1 Anderson, ( tive Kempe be precluded from voting on any matters concerning Anderson, ] the election contest" Battaglia Begich Berglin A roll. call was requested and properly seconded. Berkelman , .. Brinkman The questIon was taken on the Crandall amendment to the Byrne Carlson, L. Sieben, H., motion and the roll was called. Casserly Clark Those who voted in the affirmative were: Clawson Aasness Crandall Ewald Heinitz Levi Those' Ainley Dean Fjoslien Hoberg Ludeman Albrecht Dempsey Forsythe J eIUlings Luknic Aasness AhdersoIl, D. DenOuden Friedrich Johnson, D. McDonald Anderson, R. Drew Fritz AiIlley Kaley Mehrkens Albrecht Biersdorl Erickson Halberg Knickerbocker Nelsen, B. Blatz Esau Anderson, Haukoos Kvam Niehaus Anderson, Carlson, D. Evans Heap Laidig Norman [53rd Day 53rd Day] MONDAY, MAY 14, 1979 2247 Date Filed Nysether Pleasant Schreiber Thiede Wigley 1979 Olsen Redalen Searles Valan Zubay Onnen Rees Sherwood Valento Speaker Searle Pavlak Reif Stadum Weaver May 10 Peterson Rose Stowell Welker Piepho Rothenberg Sviggum Wieser May 10 Those who voted in the negative were: Adams Corbid Kalis Murphy Sieben, M. Anderson, B. Eken Kelly Nelsen, M. Simoneau GROWE Anderson, G. Elioff Kempe Nelson Stoa te Anderson,!. Ellingson Kostohryz Norton Swanson Battaglia Enebo Kroening Novak Tomlinson Begich Faricy Lehto Osthoff Vanasek Robert J. Berglin Fudro Long Otis Voss Berkelman Greenfield Mann Patton Waldorf esota: "In Brinkman Hokanson McCarron Pehler Welch November Byrne Jacobs McEachern Prahl Wenzel ,tive in the Carlson, L. Jaros Metzen Reding Wynia ca; James Casserly Johnson, C. Minne Rice Clark Jude Moe Sarna ,vlak, con- Clawson Kahn Munger Sieben, H. PqINT OF ORDER voting on g election Crandall raised a point of order pursuant to rule 2.5 that Representative Kempe not be allowed to vote on the Crandall amendment to the Sieben, H., motion. The Speaker ruled the point of order not well taken. There were 67 yeas and 67 nays. The motion did not prevail and the Grandall amendment to the Sieben, H., motion was not adopted. 1.12 that rer ruled The question recurred on the Sieben, H., motion and the roll was called. follows: Those who voted in the affirmative were: Adams Corbid Kalis Murphy Sieben, M. presenta- Anderson, B. Eken Kelly Nelsen,M. Simoneau nceming Anderson, G. Elioff Kempe Nelson Stoa Anderson,!. Ellingson Kostohryz Norton Swanson Battaglia Enebo Kroening Novak Tomlinson Begich Faricy Lehto Osthoff Vanasek Berglin Fudro Long Otis Voss Berkelman Greenfield Mann Patton Waldorf Brinkman Hokanson McCarron Pehler Welch .t to the Byrne Jacobs McEachern Prahl Wenzel Carlson, L. Jaros Metzen Reding Wynia Casserly Johnson, C. Minne Rice Clark Jude Moe Sarna Clawson Kahn Munger Sieben, H. nan Those who. voted in the negative were: c nald Aasness Biersdorf Dempsey Evans Fritz t:ens Ainley Blatz Den Ouden Ewald Halberg tl,B. Albrecht Carlson, D. Drew Fjoslien Haukoos us Anderson, D. Crandall Erickson Forsythe Heap a.n Anderson, R. -Dean Esau Friedrich Heinitz 53rdDay] 2248 JOURNAL OF THE HOUSE [53rd Day lation of the f Hoberg Luknic Pavlak Schreiber Weaver the minimum 0 Jennings McDonald Peterson Searles Welker tion of the tim, Johnson, D. Mehrkens Piepho Sherwood Wieser Kaley Nelsen. B. Pleasant Stadum Wigley liabilities of va Knickerbocker Niehaus Redalen Stowell Zubay and updating, Kvam Norman Rees Sviggum Speaker Searle ing the fire st Laidig Nysether Reif Thiede benefits for v( Levi Olsen Rose Valan Ludeman Onnen Rothenberg Valento for the finane amending Min POINT OF ORDER 1,2,3 and 5; Subdivisions 1 Vanasek raised a point of order pursuant to rule 2.5 and 69.77, Subdivi Minnesota Statutes, Section 209.10 that Representative Pavlak 6, and by add not be allowed to vote on the Sieben, H., motion. The Speaker 1963, Chapter deferred his decision pursuant to Section 244 of "Mason's 1, Subdivision Manual of Legislative Procedure." Section 2a, as Section 10; 12 as amended, aJ REPORTS OF STANDING COMMITTEES Section 1, as ~ . 2; Laws 1976, Norton from, the Committee on Appropriations to which was Sections 41, 5 referred: 685, Sections tions 69.011, H. F. N.o. 703, .A bill for an act relating to accountancy; •• pro­ 69.24; 69.66; viding·for licensing of public accountants; prohibiting certain 1959, Chapter practices; appropriating money; providing penalties; .amending Section 1; La Minnesota Statutes 1978, Sections 326.17; 326.18; 326.20, Sub­ 742, Section ] divisions 1 and 2 ; and Chapter.326, by adding sections. Laws 1969, G Sections 1 anl Reported the same back with the following amendments: 1088, Section Laws 1971, C tion 1; 184, SI Page 16, line 4, after "$" insert "66,000" 1973, Chaptel 175; 181; 182 Page 16, line 5, delete "July1" andinsert "June 30" sion 2; 311; Chapters 36; Page 16, line 6, after the period insert "The complement of 1; 306, Sectic the state board of accountancy is increased by two positions." Chapters 71 ; 214, 267; 272 With the recommendation that when so amended the bill pass. tel's 294; ;295 Chapters 599 The report was adopted. 1; 622; 631; ~ tion 2, Subdi, Norton from the Committee'on Appropriations to which was referred: Reported t: H. F. No. 928, A bill for an act relating to retirement; volun­ Page 2 thrc teer firefighters' relief associations and independent nonprofit firefighting corporations; providing for a flexible statutory Page 28, liJ service jpension' maximum; revising the administration of the fire state aid program;·· transferring the financial examination, Pag'e28, dE regulatory,supervisoryand enforcement functions of the police and fire state aid program to the ,state auditor; providing a Page 28, Ii procedure for the ·recognition of a funding surplus inthe'calcu- 53rd Day] MONDAY, MAY 14, 1979 2345 [53rd Day Anderson, 1., and Sieben, H., moved as follows: ded, and placed 1. That all materials relating to the Pavlak-Kempe election contest case shall be referred to the Comn1ittee on General Legis­ Jill and the roll lation and Veterans Affairs. lows: 2. The committee is directed to prepare a report on the mat­ ter for recommendation to the full House. In committee, the af­ fected parties shall have the right to introduce testimony, Sherwood exhibits and evidence pertaining to the election contest. Sieben, H. Sieben, M. Simoneau 3. For the purposes of this matter, a quorum of the Com­ Stadum Stoa mittee on General Legislation and Veterans Affairs shall consist Stowell of one-half of the members of said committee. Sviggum Swanson Thiede 4. The committee shall report to the House, to be immediately Tomlinson acted upon, at 6 :00 p.m., Wednesday, May 16, 1979 recommend­ Valan ing: (a) no recommendation; (b) that Representative Pavlak be Valento permitted to retain his seat; or, (c) that the seat presently held Vanasek Voss by Representative Pavlak be declared vacant and that a new elec­ Waldorf tion be held. Weaver 'Welch Welker 5. Representative Robert Pavlak shall not vote on any sub­ Wenzel stantive or procedural votes relative to the committee report or Wieser the issue of his election contest. Wigley Wynia Zubay A roll call was requested and properly seconded. Speaker Searle POINT OF ORDER Halberg raised a point of order pursuant to Section 161 of "Mason's Manual of Legislative Procedure" that the Anderson, I., and Sieben, H., motion was out of order. The Speaker ruled reed to. the point of order not well taken. lpecial Orders CALL OF THE HOUSE receding Gen- On the motion of Anderson, 1., and on the demand of 10 mem­ bers, a call of the House. was. ordered. The following members answered to their names: Aasness Blatz Elioff Haukoos Kelly lers for today .Adams Brinkman Ellingson Heap Kempe Ainley Byrne Enebo Heinitz Knickerbocker Albrecht Carlson, L. Erickson Hoberg Kostohryz Anderson, B. Casserly Esau Hokanson Kroening Anderson, D. Clark Evans Jacobs Kvam Anderson, G. Clawson Ewald Jaros Laidig Anderson, 1. Corbid Faricy Johnson, C. Lehto Anderson, R. Crandall Forsythe Johnson, D. Levi ,e be added as Battaglia Dean Friedrich Jude Long Begich Dempsey Fudro Kahn Ludeman Berglin Den Ouden Greenfield Kaley Luknic Berkelman Eken Halberg Kalis Mann :lay's session. 2346 JOURNAL OF THE HOUSE [53rd Day 53rd Day] McCarron Norman Prahl McEachern Sieben, M. Weaver Norton Reding Simoneau Welch Those who Mehrkens Novak Rees Stadum Metzen Nysether Welker Reif Stoa Wenzel Adams Minne Olsen Rice Stowell Wigley Moe Onnen Rose Anderson, B. Sviggum Wynia Anderson, G. Munger Osthoff Rothenberg Swanson Zubay Murphy Otis Sarna Tomlinson Anderson, 1.
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