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. Nelsen, B. Patton Speaker Searle Battaglia Schreiber Valan Begich Nelsen, M. Pehler Searles Vanasek Nelson Peterson Sherwood Voss Berglin Niehaus Pleasant Berkelman Sieben, H. vValdorf Brinkman Byrne Carlson, L. Anderson, 1., moved that further proceedings of the roll call Casserly be dispensed with and that the Sergeant at Arms be instructed Clark to bring in the absentees. The motion prevailed and it was so Clawson ordered. Those who·
POINT OF ORDER Aasness ] Ainley ] Albrecht ] Halberg raised a point of order pursuant t~ rule 6.4 that para Anderson, D. ] graph 3 of the Anderson, 1., and Sieben, H., motion was out of Anderson, R. ] Biersdorf ] order. The Speaker ruled the point of order well taken and para Blatz ] graph 3 was withdrawn. Crandall ] Dean ] Dempsey ] Den Ouden ] Anderson, 1., moved to amend the Anderson, 1., and·Sieben, Drew ] H., motion as follows: Erickson ] In paragraph 1 strike the words "General Legislation and Veterans Mfairs" and insert "Rules and Legislative Administra tion" The motion adopted.
A roll call was requested and properly seconded. Anderson, motion as arnE POINT OF ORDER Anderson, ] Crandall raised a point of order that the Anderson, I., and Sieben, H., motion was out of order in so much as the materials 1. That a] relating to the Pavlak-Kempe election contest were not hi the contest case s] possession of the House. The Speaker ruled the point of order lation and Ve1 not well tak~n. 2. The co: matter for re< The question recurred on the Anderson, I., amendment to the Anderson, 1., and Sieben, H., motion ~nd the roll was called. 3. The con acted upon, a1 Anderson, 1., moved that those not voting he excused from ing: (a) no rE voting. The motion did not prevaiL permitted to ] by Represent: Stowell was excused from voting. election be he
There were 66 yeas and 65 nays as follows: 4. In the e a manner wI: [53rd Day
Weaver Welch Welker Wenzel Wigley Wynia Zubay Speaker Searle
,f the roll call be instructed :tnd it was so
6.4 that para m was out of ten and para-
, and·Sieben,
pslation and ~ Administra-
rson, I., and he materials 'e not in the dnt of order lment to the s called. reused from 53rd Day]
Johnson, C. Jude Kahn Kalis Kelly Kempe Kostohryz Kroening Lehto The mot ed.
Halberg motion as f
In parag Statutes an
In parag Statutes an A roll ca:
The quel was called. Those w]
Aasness Ainley Albrecht Anderson, D. Anderson, R. Biersdorf Blatz Crandall Dean Dempsey Den Ouden Drew Erickson Those w]
AdamR Anderson, B. Anderson, G. Anderson, 1. Battag-lia Begich Berg-lin , Berkelman Brinkman Byrne Carlson, L. Casserly Clark Clawson [53rd Day 53rd Day] MONDAY, MAY 14, 1979 2349 ter shall be ~ideration of Johnson, C. Long Nelsen, M. Reding Vanasek Representa- Jude Mann Nelson Rice Voss V election be Kahn McCarron Norton Sarna Waldorf Kalis McEachern Novak Sieben,H. Welch Kelly Metzen Osthoff Sieben, M. Wenzel Kempe Minne Otis Simoneau Wynia on any sub- Kostohryz Moe Patton Stoa Kroening Munger Pehler Swanson ee report or Lehto Murphy Prahl Tomlinson
I was not in on the issue r was pend f order well
and Sieben, lfter "held" Pavlak be ill"
ion and the
lerwood adum owell riggum dede ~lan l1ento eaver elker ieser igley :bay leaker Searle
,dro eenfield Ikanson ~obs ros 53rd Day]
A roll call w~
The questior was called. The
Those who Vl
Aasness EE Ainley E, Albrecht E, Anderson, D. Fj Anderson, R. Fe Biersdorf Fr Blatz Fr Crandall HI Dean H~ Dempsey He Den Ouden HE Drew He Erickson J e:
Those who V(
Adams Co Anderson, B. Ek Anderson, G. Eli Anderson, 1. Ell Battaglia En Begich Fa Berglin Fu Berkelman Grl Brinkman Ho Byrne Ja( Carlson, L. J al Casserly J 0] Clark Juc Clawson Ka The motion d ed.
Peterson mm motion as folIo'
Strike paragl
"In the event by Wednesd.ay, such extensIOn hearings on th~ by Representatl a new election 1
A roll call w
The question was called. [53rd Day 53rd Day] MONDAY, MAY 14, 1979 2351 'as not adopt- A roll call was requested and properly seconded.
, and Sieben, The question was taken on the Crandall motion and the roll was called. There were 65 yeas and 67 nays as follows:
I insert"(d) Those who voted in the affirmative were:
Aasness Emu Johnson, D. Nysether Sherwood Ainley Evans Kaley Olsen Stadum Albrecht Ewald Knickerbocker Onnen Stowell Anderson, D. Fjoslien Kvam Peterson Sviggum >tion and the Anderson, R. Forsythe Laidig Piepho Thiede Biersdorf Friedrich Levi Pleasant Val'an llows: Blatz Fritz Ludeman Redalen Valento Crandall Halberg Luknic Rees Weaver Dean Haukoos McDonald Reif Welker Dempsey Heap Mehrkens Rose Wieser Den Ouden Heinitz Nelsen, B. Rothenberg Wigley Stadum Drew Hoberg Niehaus Schreiber Zubay Stowell Erickson Jennings Norman Searles Speaker Searle Sviggum rhiede Vaian Those who voted in the nega"tive were: Valento Weaver Adams Corbid Kalis Murphy Sieben, M. Welker Anderson, B. Eken Kelly Nelsen, M. Simoneau Wieser Anderson, G. Elioff Kempe Nelson Stoa Wigley Anderson, 1. Ellingson Kostohryz Norton Swanson ~ubay Battaglia Enebo Kroening Novak Tomlinson ~peaker Searle Begich Faricy Lehto Osthoff Vanasek Berglin Fudro Long Otis Voss Berkelman Greenfield Mann Patton Waldorf Brinkman Hokanson McCarron Pehler Welch Byrne Jacobs McEachern Prahl Wenzel Carlson, L. Jaros Metzen Reding Wynia lieben, H. Casserly Johnson, C. Minne Rice lieben, M. Clark Jude Moe Sarna limoneau Clawson Kahn Munger Sieben, H. ltoa :wanson ~omlinson The motion did not prevail and the amendment was not adopt ranasek ed. ross V'aldorf V'elch 'Venzel Peterson moved to amend the Anderson, I., and Sieben, H., 'Vynia motion as follows: Strike paragraph 4 and insert a new paragraph 4 to read: ~ not adopt- "In the event that the committee has not acted upon the issue by Wednesday, May 16,1979 at 6 :00 p. m. the House may grant such extension of time in order to conduct complete committee Sieben, H., hearings on the question as to whether the seat presently held by Representative Pavlak should be declared vacant and that a new election be held." :I according A roll call was requested and properly seconded. insert "ac- The question was taken on the Peterson motion and the roll was called. 2352 JOURNAL OF THE HOUSE [53rd Day 53rd Day]
There were 66 yeas and 66 nays as follows: Those w]
Those who voted in the affirmative were: Aasness Adams Ainley Aasness Evans Ainley Kaley Onnen Sviggum Albrecht Ewald Knickerbocker Peterson Anderson, B. Albrecht Fjoslien Thiede Anderson, D. Kvam Piepho Valan Anderson, D. Forsythe Laidig Pleasant Anderson, G. Anderson, R. Friedrich Valento Biersdorf Levi Redalen Weaver Anderson, 1. }i'ritz Ludeman Rees Anderson, R. Blatz Halberg Welker Luknic Rei£. Wieser Battaglia Crandall Haukoos McDonald Rose Begich Dean Heap Wigley Dempsey Mehrkens Rothenberg Zubay Berglin Heinitz Nelsen, B. Schreiber Berkelman Den Ouden Hoberg Speaker Searle Drew Niehaus Searles Biersdorf Jennings Norman Sherwood Blatz Erickson Johnson, D. Esau Nysether Stadum Brinkman Kahn Olsen Stowell Byrne Carlson, L. Those who voted in the negative were: Casserly Clark Clawson Adams Corbid Kelly Nelsen, M. Corbid Anderson, B. Eken Simoneau Kempe Nelson Stoa Crandall Anderson, G. Elioff Kostohryz Dean Anderson, 1. Norton Swanson Ellingson Kroening Novak Dempsey Battaglia Enebo Lehto Tomlinson Den Ouden Begich Osthoff Vanasek Faricy Long Otis Drew Berglin Fudro Voss Mann Patton Waldorf Berkelman Greenfield McCarron Brinkman Pehler Welch The first Hokanson McEachern Prahl Byrne Jacobs Wenzel Metzen Reding Wynia Carlson, L.. Jaros Minne Casserly Rice The seco: Johnson, C. Moe Sarna Clark Jude Munger Clawson Sieben, H. Kalis Murphy Sieben, M. 3. Thee acted upon, The motion did not prevail and the amendment was not ing: (a) n adopted. be permittE held by Re new electio Knickerbocker requested a division of the Ander~on, I., and Sieben, H., motion. 4. In tb in a manne Wednesday: The first portion of the motion reads .as follows: brought be: of the ques 1. That all materials relating to the Pavlak-Kempe election resentative contest CUse shall be referred to the Committee on General Legis tion be hell lation and Veterans Affairs. A roll cal g. The committee is directed to prepare a report on the l11~tter for recommendation to the full House. The ques1 1., and Sieb A roll call was requested and properly seconded. yeas and 64 Those WI The. question was taken on the first portion of the Anderson, aYl~Sieben, I., H., motion and the roll was called. There were 132 Adams JZeas and 0 nays as follows: . Anderson, B. 53rd Day] MONDAY, MAY 14, 1979 2353 [53rd Day Those who voted in the affirmative were:
Aasness Eken Kahn Nelson Sieben, H. Adams Elioff Kaley Niehaus Sieben, M. Ainley Ellingson Kalis Norman Simoneau Albrecht Enebo Kelly Norton Stadum riggum Anderson, B. Erickson Kempe Novak Stoa liede Anderson, D. Esau Knickerbocker Nysether Stowell aLan Anderson, G. Evans Kostohryz Olsen Sviggum alento Anderson, 1. Ewald Kroening Onnen Swanson 'eaver Anderson, R. Faricy Kvam Osthoff Thiede 'elker Battaglia Fjoslien Laidi?; Otis Tomlinson 'ieser Begich Forsythe Lehto Patton Valan 'igley Berglin Friedrich Levi Pehler Valento Ibay Berkelman Fritz Long Peterson Vanasek >eaker Searle Biersdorf Fudro Ludeman Piepho Voss Blatz Greenfield Luknic Pleasant Waldorf Brinkman Halberg Mann Prahl Weaver Byrne Haukoos McCarron Redalen Welch Carlson, L. Heap McDonald Reding Welker Casserly Heinitz McEachern Rees Wenzel Clark Hoberg Mehrkens Reif Wieser Clawson Hokanson Metzen Rice Wigley Corbid Jacobs Minne' Rose Wynia moneau Crandall Jaros Moe Rothenberg Zubay ;oa Dean Jennings Munger Sarna Speaker Searle /Vanson Dempsey Johnson, C. Murphy Schreiber >mlinson DenOuden Johnson, D. Nelsen, B. Searles !masek· Drew Jude Nelsen, M. Sherwood DSS 'aldorf 'elch The first portion of the motion prevailed. "enzel "ynia The second portion of the motion reads .as follows:
3. The committee shall report to the House, to be immediately acted upon, at 6 :00 p.m., Wednesday, May 16, 1979 recommend ing: (a) no recommendation; (b) that Representative Pavlak It was not be permitted to retain his seat; or, (c) that the seat presently held by Representative Pavlak be declared vacant and that a new election be held. wn, l., and 4. In the event the committee has not acted upon the issue, in a manner which brings the matter before the full House by Wednesday, May 16, 1979, at 6:00 p.m., the matter shall be brought before the full House for its immediate consideration of the question as to whether the seat presently held by Rep resentative Pavlak should be declared vacant and that a new elec lpe election tionbe held. leral Legis- A roll call was requested and properly seconded. lort on the The question was taken ;on the second portion of the Anderson, 1., and Sieben, H., motion and the roll was called. There were 68 yeas and 64 nays as follows:
Those who voted in the affirmative were: ~ Anderson, Adams Anderson, G. Battaglia' Berglin Brinkman re were 132 Anderson, B. Anderson, 1. Begich Berkelman Byrne 2354 JOURNAL OF THE HOUSE [53rd Day 53rd Day] Carlson, L. Greenfield Lehto Casserly Norton Simoneau Hokanson Long Novak Stoa Those who vc Clark Jacobs Mann Clawson Osthoff Swanson Jaros McCarron Otis Tomlinson Aasness Es Corbid Johnson, C. McEachern DenOuden Patton Vanasek Ainley Ev Jude Metzen Pehler Voss Albrecht E" Eken Kahn Minne Elioff Prahl Waldorf Anderson, D. Fjt Kalis Moe Reding vVelch Anderson, R. Fo Ellingson Kelly Munger Enebo Rice Wenzel Biersdorf Fr: Kempe Murphy Sarna Wynia Blatz Fr Faricy Kostohryz Nelsen~ M. Sieben, H. Crandall Ha Fudro Kroening Nelson Sieben, 1\1.. Dean Ha Dempsey He Those who voted in the negative were: DenOuden He Drew Ho Erickson J el Aasness Evans Kaley Ainley Olsen Stadum Ewald Knickerbocker Onnen Stowell Albrecht Fjoslien Kvam Those who v( Anderson, D. Peterson Sviggum Forsythe Laidig Piepho Thiede Anderson, R. Friedrich Levi Adams Co Biersdorf Pleasant Valan Fritz Ludeman Redalen Valento Anderson, B. Eli Blatz Halberg Luknic Anderson, G. El Crandall Rees Weaver Haukoos McDonald Reif Welker Anderson, 1. EI Dean Heap Mehrkens Battaglia Er. Dm.l;lpsey Rose Wieser Heinitz Nelsen, B. Rothenberg Wigley Begich Fa Dtrew Hoberg Niehaus Berg'lin Fu Erickson Schreiber Zubay Jeimings Norman Searles Speaker Searle Berkelman Gr Esau Johnson, D. Nysether Sherwood Brinkman He Byrne Ja Carlson, L. J a The second portion of the motion prevailed. Casserly Jo Clark Ju Clawson K~
Sieben, H., and Anderson, 1., moved as follows: It was the j Speaker shoul( Representative Robert Pavlak shall not vote on any substan motion was in tive or procedural votes relative to the committee report on his election contest or any issue relating to his election contest. The questiOl A roll call was requested and properly seconded. motion and the
POINT OF ORDER Anderson, I. voting. The mo . Halberg raised a point of order that the Sieben, H., and Ander sO,n, I., motion was not in order because a point of order raised There were ( earlier today on the issue contained in the motion and deferred by the Speaker was pending before the House. The Speaker ruled Those who v the point of order well taken. Adams Anderson, B. Anderson, I., appealed the decision of the chair. Anderson, G. Anderson, I. A roll call was requested and properly seconded. Battaglia Begich Berglin The vote .. was taken on the question "Shall the decision of the Berkelman Speaker stand as the judgment of the House?" Brinkman Byrne Carlson, L. oll Casserly ~~:..The..r was called and there were 65 yeas and 67 nays as fol- , . Clark Clawson [53rd Day 53rd Day] MONDAY, MAY 14, 1979 2355 imoneau toa Those who voted in the affirmative were: wanson omlinson Aasness Esau Johnson, D. Nysether Sherwood 'anasek Ainley Evans Kaley Olsen Stadum oss Albrecht Ewald Knickerbocker Onnen Stowell Taldorf Anderson, D. Fjoslien Kvam Peterson Sviggum TeIch Anderson, R. Forsythe Laidi?; Piepho Thiede renzel Biersdorf Friedrich Levi Pleasant Valan Tynia Blatz Fritz Ludeman Redalen Valento Crandall Halberg Luknic Rees Weaver Dean Haukoos McDonald Reif Welker Dempsey Heap Mehrkens Rose Wieser DenOuden Heinitz Nelsen, B. Rothenberg Wigley Drew Hoberg Niehaus Schreiber Zubay Erickson Jennings Norman Searles Speaker Searle Gadum Gowell Those who voted in the negative were: V'iggum niede alan Adams Corbid Kalis Murphy Sieben, M. alento Anderson, B. Eken Kelly Nelsen, M. Simoneau 'eaver Anderson, G. Elioff Kempe Nelson Stoa 'elker Anderson, 1. Ellingson Kostohryz Norton Swanson 'ieser Battaglia Enebo KroeIl!ing Novak Tomlinson 'igley Begich Faricy Lehto Osthoff Vanasek Ibay Berglin Fudro Long Otis Voss ~eaker Berkelman Greenfield Mann Patton Waldorf Searle Brinkman Hokanson McCarron Pehler Welch 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. It was· the judgment of the House that. the decision of the Speaker should not stand and the Sieben, H., and Anderson T., ly substan motion was in order. port on his tltest. The question recurred on the Sieben, H., and Anderson, t., motion and the roll was called.
Anderson, I., moved that those not voting be excused from voting. The motion prevailed. lnd Ander ~der raised There were 67 yeas and" 64 nays as follows: .d deferred ~aker ruled Those who voted in the affirmative were: Adams Corbid Kalis Murphy Sieben,M. Anderson, B. Eken Kelly Nelsen, M. Simoneau Anderson, G. Elioff Kempe Nelson Stoa Anderson, 1. Ellingson Kostohryz Norton Swanson Battaglia Enebo Kroening Novak Tomlinson Begich Faricy Lehto Osthoff Vanasek Berglin Fudro Long Otis Voss ~ion of the Berkelman Greenfield Mann Patton Waldorf Brinkman Hokanson McCarron Pehler Welch Byrne Jacobs McEachern Prahl Wenzel Carlson, L. Jaros Metzen Reding Wynia Casserly Johnson, C. Minne Rice ays as fol- Clark Jude Moe Sarna Clawson Kahn Munger Sieben, H. 54th Day]
81
s,
The House of called to order 1
Prayer was 0
The roll was I
Aasness Dre Adams Eke Ainley Eli( Albrecht Elli Anderson, B. Ene Anderson, D. Eri~ Anderson, G. Esa Anderson, I. Eva Anderson, R. Ew~ Battaglia Far Begich Fjol Berglin Fori Berkelman Frie Biersdorf Frit Blatz - Fud Brinkman Gre, Byrne Hall Carlson, D. Hau Carlson, L. Hea Casserly HeiI Clark Hob Clawson Hok Corbid Jaco Crandall J aro Dean Jenr Dempsey J ohr Den Ouden J ohr A quorum wa:
Pavlak was ex
The Chief Clel ing day. Levi rna pensed with and the Chief Clerk. l Day 54th Day] TUESDAY, MAY 15, .1979 2449 GENERAL ORDERS
There being no objection, the bills on General Orders for today were continued on General Orders one day.
MOTIONS AND RESOLUTIONS d on Halberg moved that H. F. No. 1094 be recalled from the Com mittee on Local and Urban Affairs and be re-referred to the 19 re- Committee on Taxes. The motion prevailed.
Patton moved that S. F. No. 1128 be recalled from the Com final mittee on Governmental Operations and together withH. F. No. 1192, now on Technical General Orders, be referred to the Chie~ Clerk for comparison. The motion prevailed. ' ~ roll Sherwood moved that the House conferees on II. F. No. 13 be discharged, that·'new conferees be appointed on the part of the House, that the Speaker shall appoint 2 members and the Chair man of the Committee on Rules and Legislative Administration shall appoint 2 members .to the Conference Committee, and that the Senate be requested to discharge its Conference Committee and appoint new conferees. The motion prevailed.
PROTEST AND DISSENT
We, the undersigned members of the Minnesota House of Representatives, submit this petition of protest and dissent to be entered in the Journal of the House.
Weare protesting and dissenting the action taken by the D'FL members of the House in two cases. First, we protest and dis..; sent against the Illotion to require the House Committee on Gen-:, eral Legislation and Veterans Affairs to meet and report by arle 6 :00 p.m. Wednesday,· May .16.on the election contest of Rep. Robert Pavlak and to further request the full house to act at 6:00 p.m. Wednesday, May 16 whether or not the committee has acted. Second, we protest and dissent the motion offered by Rep. Irv Anderson and Rep. Harry'Sieben forbidding Rep. Pavlak from voting on any substantive or procedural votes relative to the issue of his election contest. This motion was ill-conceived in that it overruled the Speaker of the House who had earlier stated that he would rule upon Rep. Pavlak's eligibility to vote in these cases. on We believe that these actions were injurious to Rep. Pavlak ers and further that his rights to due process and equal protection en- of the law so stated under the 14th amendment of the United States Constitution have been denied. 2450 JOURNAL OF THE HOUSE [54th Day 54th Day] Sally Olsen Gilbert Esau Dwaine Hoberg, Glen Sherwood Sieben, H Bob Haukoos TonyStadum journ until Elton R. Redalen K.J. McDonald prevailed. Merlyn O. Valan Paul Thiede Sieben, H Jim Heap Don Valento vailed, and until 2 :00 p. Tom Rees' Raymond J. Albrecht Lyle Mehrkens Joe T. Niehaus· EnWARl Marnie Luknic ';.' Adolph L. Kvam David M. J.ennings· . Bill Peterson
Connie Levi .j" , Tony Onnen Ray Welker Bruce Nelsen John Drew Ray O. Pleasant John L. Weaver Delbert F.Anderson Dick Kaley Donald L. FriedriCh ., Dave Fjoslien .! Paul D. Aasness Mike Fritz DotigEwald Robert W. Reif William D. Dean Steve Sviggum John A. Ainley Elliott·Roth~nQerg Cal R. Ludeman O. J. Heinitz Jim Evans William A. Crandall Gary W. Laidig Jim Norman Bill Schreiber Kathleen Blatz Warren T. Stowell Bob Searles Wendell O. Erickson Dean E. J ohl}Son Mary Forsythe Terry Dempsey Chuck Halberg Mark Piepho John Rose John S. Biersdorf Doug Carlson Dick Wigley Bob Anderson Al'Wieser,J.r.. Rod Searle ~~~g~N~sether Jerry Knickerbocker KenZubay [55th Day 55th Day] WEDNESDAY, MAY 16, 1979 2501
peakerSearle Those who voted in the negative were:
Adams Eken Kempe Norman Sieben, M. Anderson, B. \ Ellingson Knickerbocker Norton Simoneau Anderson, D. Enebo Kostohryz Novak Stoa Anderson, G. Ewald Kroening Osthoff Swanson Berglin Faricy Lehto Otis Tomlinson leben,M. Berkelman Fudro Long Patton Vanasek lmoneau Brinkman Greenfield Mann Pehler Voss Goa Byrne Heap McCarron Peterson Waldorf wanson Carlson, L. Jacobs [)mlins(}n McEachern Pleasant Welch Casserly Jaros Metzen Reding Wenzel anasek Clark Johnson, C. .Minne Rice Wynia [)SS Clawson Jude Moe Rothenberg raldorf COl'bid Kahn Munger Sarna 'enzel Dean Kalis Nelsen, M. Sherwood 'ynia Dempsey Kelly Nelson Sieben, H. The motion did not prevail and the amendment was not adopted.
t was not There being no objectfon IS. F. No. 808, as amended, was tem porarily laid over.
:al engross- MOTION RELATING TO A CERTAIN ELECTION CONTEST
The hour of 6 :00 p.m. having arrived, the matter contained in the Anderson, l., and Sieben, H., motion which was adopted by the House on Monday, May 14, 1979, was reported to the House. t was not Swanson and Halberg moved to amend the motion adopted. by the House of Representatives on Monday, May 14, 1979, found on al engross- House Journal Page 2353, relating to a certain election con test, as follows:
Paragraph 3, line 2, delete "6 :00 p.m., Wednesday, May 16" ~:p.~ insert: "10 :30. a.m., Friday, May 18" 1." Paragraph 4, line 3, delete "Wednesday, May 16, 1979, at 6 :00 p.m." and insert "Friday, May 18, 1979, at 10 :30 a.m." e roll was A roll call was requested and properly seconded. The question was taken on the Swanson and Halberg amend ment and the roll was called. There were 125 yeas and 1 nay as follows: :ento aver Those who voted in the affirmative were: IkeI' ~ser gley Aasness Anderson, 1. Blatz Corbid Elioff Adams Anderson, R. Brinkman Crandall Ellingson )~ty Ainley ~aker Searle Battaglia Byrne Dean Enebo Albrecht Begich Carlson, L. Dempsey Erickson Anderson, B. Berglin Casserly Den Ouden Esau Anderson, D. Berkelman Clark Drew Evans Anderson, G. Biersdorf Clawson Eken Ewald 2502 OU~NAL J OF THE HOUSE [55th Day 55th Day] Faricy Kahn Metzen Pehler Fjoslien Sviggum Crandall Kaley Minne Peterson Swanson Forsythe Kalis Moe Piepho Dean Fritz .Thiede Dempsey Kelly Munger Pleasant Tomlinson Fudrci Kempe Murphy Drew Prahl Valan Eken Greenfield Knickerbocker Nelsen, B. Reding Valento Halberg Kostohryz Nelsen, M. Ellingson Rees Vanasek Enebo Haukoos Kroening NelsoH Reif Voss Heap Kvam Niehaus Rice Ewald Heinitz Waldorf Faricy Laidig Norman Rose Weaver Hoberg Lehto Norton Sarna Forsythe Hokanson Welch Fudro Levi Novak Schreiber Welker Jacobs Long Nysether Greenfield Jaros Searles Wenzel Halberg Ludeman Olsen Sieben, H. Wieser Jennings Luknic Onnen Sieben, M. Johnson, C. Wigley Mann Osthoff Simoneau Wynia The mot Johnson,D. McCarron Otis Stadum Zub~ Jude adopted. Mehrlrens Patton Stoa Speaker Searle
Those who voted in the negative were : S. F. No. public wate Sherwood the determ The motion prevailed and the amendment was'adopted. atingmone; by adding I Subdivision CONSIDERATION UNDER RULE 1.10, Continued divisions 2 sota Statuti S. F. No. 808, as amended, was again reported to the House. Subdivisioll Anderson, I., moved to amend S. F. No. 808, the unofficial engrossment, as amended, as follows: The bill ' upon its fir Page 2, delete lines ~O and 11, clause (e) The ques' Reletter the remaining clauses was called. Those w}
Adams Anderson, B. Anderson, G. Berglin Berkelman Those who voted in the affirmative were: Blatz Brinkman Ainley Byrne E;jckson Kaley Niehaus Weaver Albrecht Esau Kalis Carlson, L. Anderson, 1. Nysether Welker Casserly Evans Kelly Onnen Wenzel Anderson, R. Fjoslien Kvam Clark Battaglia Prahl Wies'er Clawson Friedrich Ludeman Redalen Wigley Begich Fritz Luknic Corbid Stadum Zub~'y Crandall Biersdorf Haukoos Mehrkens Stowell Carlson, D. Hoberg Minne Sviggum Dean Den Ouden Jennings Murphy Drew Elioff Valento Eken Johnson, D. Nelsen, M. Waldorf Those who voted in the negative were: Thosewl1
Aasness Anderson, D. Aasness. Adams Berkelman Byrne Clark Ainley Anderson, G. Blatz Carlson, L. Andersori;B~ Berglin Clawson Albrecht Blinkman Casserly , Corbid Anderson, D. 2574 JOURNAL OF THE HOUSE [57th Day 57th Day Brinkman Friedrich Kyam Nysether Simoneau Byrne Fritz Laidig Olsen Stadum by motior Carlson, D. Fudro Lehto Onnen Stoa ans Affai: Carlson, L. Greenfield Levi Osthoff Stowell Casserly Halberg Long Otis Sviggum Clark -- Haukoos Ludeman Patton Swanson An ini1 Clawson Heap Luknic Pehler Thiede May 15,1 Corbid Heinitz Mann Peterson Tomlinson mittee re Crandall Hoberg McCarron Piepho Valan Dean Hokanson McDonald transcrip1 Pleasant Valento brief~ Dempsey Jacobs McEachern Prahl Vanasek the Den Ouden Jaros Mehrkens Redalen Voss Factual a Drew Jennings Metzen- Reding Waldorf Opinion. Eken Johnson, C. Minne Rees Weaver Elioff Johnson, D. Moe Reif Welch Ellingson Jude Munger Rice Welker At the Enebo Kahn Murphy Rose Wenzel Erickson !(aley Nelsen, B. Rothenberg Wieser through t Esau Kalis Nelsen, M. Sarna Wigley testants a Evans Kelly Nelson Schreiber Wynia pearances Ewald Kempe Niehaus Searles Zubay submitted Faricy Knickerbocker Norman Sherwood Speaker Searle Fjoslien Kostohryz Norton Sieben, H. Forsythe Kroening Novak Sieben, M. Thereaj Anderson, 1., moved that further proceedings of the roll call convened be dispensed with and that the Sergeant at Arms be instructed his counsc to bring in the absentees. The motion prevailed and it was so upon the ordered. der issuec District C The hour of 10 :30 a.m. having arrived, the· matter contained in the Anderson, I., and Sieben, H., motion which was adopted The Tel by the House on Monday, May 14, 1979 and amended on Wednes at 10:15 daY,.l\Iay 16,1979, was reported to the House. Court and on May 1 REPORT ON ELECTION CONTEST submitted
Report of the Committee on the matter of Election Contest of A bi-p2 Robert Pavlak, Contestee and James Scheibel et aI, Contestants: visited wi ment and l Swanson, from the Committee on General Legislation and and made Veterans Affairs, having considered the Pavlak Election Con test which was referred to it by the House of Representatives, made the following report: no recommendation. The COll which tim received a MINORITY REPORT the transc for the Cc We, the undersigned, being a minority of the Committee on after the General Legislation and Veterans Affairs, make the following there was report on its findings, conclusions and recommendations with committee regard to the Pavlak-Kempe election contest case: strike the report of the Committee on General Legislation. and Veterans Based u' AffairS and substitute the following: ings, the 1 preme COl On Monday, May 14, 1979, a communication was received transcript from. thel\finnesota. Supreme -Court regarding the Scheibel, et nesota Su al.-Pavla.k election contest. The communication was referred, determine [57th Day 57th Day] FRIDAY,MAY 18, 1979 2575
~16neau by motion, to the Committee on General Legislation and Veter :tdum ans Affairs. )a )well iggum An initial meeting of the committee was held on Tuesday, ranson May 15, 1979, commencing at 10 :15 A.M. At that time, the com liede mittee received the records of the election contest including ,mUnson ~lan transcripts of the trial court, the decision of the" trial judge, ~lento the briefs, papers and records in the Supreme Court and the masek Factual and Legal Conclusions of the Supreme Court and its ,ss aldorf Opinion. eaver elch elker At the same time the parties' were called/and appeared enzel through their respective counsel, Alan W. Weinblatt. for Con ieser testants and Patrick H. O'Neill for the Contestee and their ap igley ynia pearances were recorded. Contestants, through their counsel, Ibay submitted their evidence. leaker Searle Thereafter, at 7 :15 P.M. on May 15, 1979,the committee re convened for the presentation of the Contestee's evidence by he roll call his counsel. The' hearing was delayed by Mr. O'Neill's service, instructed upon the chairman, of an ex parte Temporary Restraining Or l it was so der issued by Otis H. Godfrey, a Judge of the Ramsey County District Court. rcontained The Temporary Restraining Order was vacated May 16, 1979 rasadopted at 10 :15 a.m. by unanimous order of the,Minnesota Supreme on Wednes- Court and, thereupon, the committee reconvened at 11 :30 A.M. on May 16, 1979 at which time the Contestee's evidence was submitted.
Contest of A bi-partisan delegation of committee members personally ontestants : visited with Contestee, Robert Pavlak, and received his state ment and answers to their questions, all of which was transcribed and made partof the record of the committee. ,lation and ection Con esentatives, The committee reconvened on May 17, 1979 at 9 :15 A.M. at which time copies of the exhibits from the Supreme Court were received and distributed to the committee members along with the transcript of Mr. Pavlak's statement, after which counsel for the Contestants opened the argument and closed the same after the Contestee had been heard. Each counsel stated that mmittee on there was no additional data that he had to bring before the e following committee. ations with strike the d Veterans Based upon the evidence adduced at the foregoing public hear ings, the transcripts and exhibits from the trial court and Su preme Court, the briefs of counsel to the Supreme Court, the as received transcript of Contestee's statement and the Opinion of the, Min Scheibel, et nesota Supreme Court, the undersigned find, conclude and tS referred, determine as follows: [57th Day 57th -Day] 2576 JOURNAL OF THE HOUSE FINDINGS OF FACT
I Testimon to 1,900 rej lak told thE Robert Pavlak, Contestee, Arnold Kempe and Tom Kreager distributed. were candidates for election to 'the office of State Represen tative in Legislative District 67Aof Ramsey and Dakota Coun ties at theOeneral Election held on Tuesday, November 7', "1978. The falsI II litical charI Robert Pavlak,Contestee, receiv;ed 4,454 votes and was issued a certificate of: election. Arnold Kempe received 4,133 votes and Tom Kreager.received 335 votes. ' The "rep campaign· III tended to candidates .On Saturday, .November 4,,1978, the st., paul.,Pioneer,Press District 67 Dispatch published an editorial which sta~ed: "Wehav~seen nothing to dispute his (Pavlak's) research.,report on Kempe that shows the incumbent voted ,4 times in 1967-68-this out of more that;l:300 opPortunities." . The dis1 ing.the. f~ IV violation ( nesota Ele r:rheJournal'. o~t~e. II()use~()f theI977~78ciLegislative,Session sho)Vs th~t Repres~:rl~~tive ..A.rn()ld ,I{em1:>e voted 1,469 times: out of 1,798 roll callv()t~~dllrjng:that sessioIl· . Contest v Arnold I, written tc Contestee, "Robert:l?avlak,.haviIlg ,served as a member of the Pioneer 1 House of Representatives durin.g~he legislative .sessions of 1967, being the 1969, 1971 the extras~ss\()J:10f1971and the 1973-74 session, stated,U was familiar with the quantity of roll call votes taken during his reseal this out 0 a legislative session. ed and dil
Robert Pavlak knew on November 4, 1978 that the e Th~-r~I>rinting cand dlstributi()n" by' Robert_.Pavlal<: and his campaign committee of the false statement was designed-to -a"nd tended to elec.tIt0bertPavlak and defeat Arnold Kempe, both oneer -Press candidates for election to the office of State Representative from 'ehaveseen District 67A• . Kempe that ,out of more XI The distribution by Contestee of the editorial reprint contain ing; ~h~" false .- statement-was/ajdeliberate, serious and material violation of Minnesota Statutes Section 210A.04, a part oflVfin~ ~tive.·.Session nesota Election Law. 69 .tirnesout XII Contestee, Robert Pavlak, provided the original research on Arnold Kempe's voting-record from -which the editorial was ~mber written to William G. Sumner, editor of the St. Paul Dispatch- of· the Pioneer Press. The editorial cit~d Pavlak's research report as ions of 1~67, being the source ofits statement. Robel't Pavlak knew-that, as 3-74 session, stated, the statement tbat, .. "We have. seen· nothing to dispute ;aken during his research report that shows Kem.pe voted 4 times in1967-68- this out of more than 300 opportunities.", was false, but reprint ed and distributed it anyway.. XIII the eQitorial l the 1977-78 The deliberate,. serious and material violation by Robert Pav es was false. lak of the Minnesotar~drGamp~ign_I>racticesAct;w~snotwith respect to a trivial or unimportant matter; was not committed without the knowledge of the candidate and was _not committed in good faith. It is therefore not unjust or unlawfui that Robert Pavlak should forfeit the office. rlak with his ial were pre;. RECOMMENDATIONS ;he editorial, :ttement was We, the"undersigned, upon the foregoing findillgs of fact, fhid, conclude and determine that: " 57th Day] [57th Day 2578 JOURNAL OF THE HOUSE Evans Ewald 1. Contestee, Robert Pavlak, committed a deliberate, serious Fjoslien and material violation of the provisions of the Minnesota Elec Forsythe tion Law not excused by the provisions of Minnesota Statutes Friedrich Fritz Section 210A.38. Halberg Haukoos 2. Robert Pavlak was not legally elected and is not entitled Heap to retain the seat as Representative from Legislative District Heinitz 67A, Counties of Dakota and Ramsey in the State House of Rep- Hoberg resentatiYes. Those whe Adams Anderson, B. Anderson, G. Anderson, I. Battaglia Begich Berglin Berkelman Brinkman Byrne Carlson, L." RICHARD J. KOSTOHRYZ Casserly Clark Clawson C. THOMAS OSTHOFF It was tJ :,Rice moved that the minority report on-the election contest be Speaker she substituted for the majority report and that the minority report be now adopted. The ques minority r€ A roll call was requested and properly seconded. report. The roll POINTi-OF.- ORDER follows: Halberg raised a point of order pursuant to •Article IV, Sec Those wJ tion- 7, of the Min.n.esotai·Constitution that the motion to adopt the" minority report.· requires a two-thirds vote. The Speaker Adams ruled the point of order well taken. Anderson, B, Anderson, G, Anderson, 1. Faricy appealed the decision of the Chair. Battaglia Begich Berglin A roll call was requested and properly seconded. Berkelman Brinkman The vote was taken on the question "Shall the decision of the Byrne Carlson, L. Speaker stand as the judgment of the House?" Casserly Clark '. The roll was called and there were 66 yeas and 67 nays as Clawson follows: Those ~ Those who voted in the affirmative were: Aasness Drew .Ainley Aasness Ap.derson, D. Blatz Dean Albrecht Anderson, R. Carlson, D. Dempsey Erickson Ainley Den Ouden Esau All>recht Biersdorf Crandall 57th Day] FRIDAY, MAY 18, 1979 2579 th Day Valento Evans Jennings Nelsen, B. Reif Johnson, D. Niehaus Rose Weaver serious Ewald Welker Fjoslien Kialey Norman Rothenberg ;a Elec- Knickerbocker Nysether Schreiber Wieser Forsythe Wigley ~atutes Friedrich Kvam Olsen Searles Onnen Sherwood Zubay Fritz Laidig Speaker Searle Halberg Levi Peterson Stadum Haukoos Ludeman Piepho Stowell entitled Heap Luknic Pleasant Sviggum District Heinitz McDonald Redalen Thiede of Rep- Hoberg Mehrkens Rees Valan Those who voted in the negative were: p.t~tives Kalis Murphy Sieben, M. Ramsey Adams Corbid Simoneau Anderson, B. Eken Kelly Nelsen, M. bert H. Kempe Nelson Stoa Anderson, G. Elioff Swanson he may Anderson, I. Ellingson Kostohryz Norton Kroening Novak Tomlinson the va- Battaglia Enebo Vanasek Begich Faricy Lehto Osthoff Berglin Fudro Long Otis Voss Greenfield Mann Patton Waldorf Berkelman Welch Brinkman Hokanson McCarron Pehler McEachern Prahl Wenzel Byrne Jacobs Wynia Carlson~ L.' Jaros Metzen Reding [RYZ Casserly Johnson, C. Minne Rice Clark Jude Moe Sarna Kahn Munger Sieben, H. rF Clawson It was the judgment of the House that the decision of the Intest be Speaker should not stand. yreport The question recurred on the motion of Rice to substitute the minority report for the majority report and to adopt the minority report. The roll was called and there were 67 yeas and 66 nays as follows: IV, Sec- to adopt Those who voted in the affirmative were: Speaker Adams Corbid Kalis Murphy . Sieben,M. Anderson, B. Eken Kelly Nelsen, M. Simoneau Anderson, G. Elioff Kempe Nelson Stoa Anderson, I. 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 >n of the Byrne Jacobs McEachern Prahl Wenzel Carlson, L. Jaros Metzen Reding Wynia Casserly Johnson, C. Minne Rice Clark Jude :Moe Sarna nays as Clawson Kahn Munger Sieben, H. Those who voted in the negative were: Aasness Anderson, D. Blatz Dean Drew Carll~on, Dempsey Erickson 'f{ Ainley Anderson, R. D. kson Albrecht Biersdorf Crandall DenOuden Esau 1 2580 JOURNAL OF THE HOUSE [57th Day 57th ,Day] Evans Jennings Nelsen, B. Reif Valento Page 5,: Ewald Johnson; D. Niehaus Rose Weaver Fjoslien Kaley Norman Rothenberg Welker Forsythe I(nickerbocker Nysether Schreiber Wieser Page 5,' Friedrich Kvam Olsen Searles Wigley Fritz Laidig Onnen Sherwood Zubay Halberg Levi Petel'son Stadum Speaker Searle Page 5, Haukoos Ludeman Piepho Stowell Reap Lulmic Pleasant Sviggum Page 5, Reinitz McDonald Redalen Thiede Roberg Mehrkens Rees Valan Page 7, The motion of Rice prevailed and the minority report was sub stituted for the majority report and the minority report was Furthel adopted. Page 1, CALL OF THE HOUSE LIFTED With tl Sieben, H., moved that the call ofthe House be dispensed with. The motion prevailed and it was so ordered. The ret Sieben, H., moved that the House recess subject to the call of the Chair. The motion prevailed. :H.'F. ~ RECESS RECONVENED Pursua The House reconvened and.was called to order .. by the Speaker. State of 1 ed and al its third] REPORTS OF STANDING COMMITTEES prevailed Norton from the Committee on Appropriations to which was Voss n that H. F referred: its final] H. F. No. 996, A biI1:f6:r ial1Rctrelating to commerce; creating a business, assistancec~nter within the department of ecol}omic H. F.] developwent; appropriating money ; amending Minnesota Stat utes 1978, ~ections 161.321, Subdivision 1; 362.42; and Chapter Den 0 362, by adding sections. Page ~ Reported the same back with the following amendments: A roll Page 3, delete lines 23 to 25 The ql Page 3, line 26, delete H(e)" and insert H(d)" called. T Page 3, line 29, delete "(f)" and insert H(e)" Those Aasnes5 Page 4, line 1, delete H(g)" and insert "(I)" , Albrecht Anderson, Page 4, delete lines 32 and 33 Biersdorf [57th Day 57th Day] FRIDAY, MAY 18, 1979 2667 I to. Rose Sieben, H. Sviggum Waldorf Wigley Rothenberg Sieben,~. Swanson Weaver Wynia Sarna Simoneau Thiea.e . Welch Zubay Schreiber Stadum Tomlinson W~lker' Speaker Searle Searles Stoa Valento Wenzel Sherwood Stowell Vanasek Wieser a motion. Those who voted in thellegative were: ralOrders, Berglin Long The bill was passed and its title agreedto. I a motion. SPECIAL ORDERS raJ Orders, Sieben, H., moved· that the bills on Specia~ Orders for. today be continued for one day immediately preceding General Orders. The motion prevailed. ANNOUNCEMENTS BY THE SPEAKER AND THE CHAIRMAN OF THE COMMITTEE ON RULES AND LEGISLATIVE ADMINISTRATION considera- The Speaker and the Chairman of the Commjttee on Rules and Legislative Administration announced the appointment of the following members of the House to a Conference Committee on Memorial of •. certain H. F. No. 907: easement; Reding, Patton, Biersdorf, and Albrecht. The Speaker and the Chairman of the Committee on Rules and m its final Legislative Administration announced the appointment of the following members of the House to a Conference Committee on H. F. No. 13: nd the roll Sherwood, Thiede, Battaglia, and Faricy. CERTIFICATION BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MINNESOTA lson TO THE HONORABLE ALBERT H. QUIE, GOVERNOR ~haus rman \Tak May 18, 1979 sether :en Governor Albert H. Quie nen Governor of Minnesota ;hoff s State Capitol ;ton St. Paul, Minnesot~ 55155 ller ;erson pho Dear Governor Quie: Lhl lalen It is my duty to inform you, in order that you may issue a ling writ of election as required by law, that today, Friday, May 18, ~s f 1979, the House of Representatives has declared a vacanc.y in e the office of Representative in Legislative District 67A. 58th Dai The HI called to Praye] The rc Aasness Adams Ainley Albrecht Anderson Anderson Anderson Anderson Anderson Battaglia Begich Berglin BerkelnuJ Biersdorj Blatz Brinkma Byrne Carlson, Carlson, Casserly Clark Clawson Corbid Crandall Dean Dempse~ Den Ouo Aqu 01se: The ing da dispen by the 59 Sal Dm Ric: Joh Mal Torr Ton; Glen Paul Jerr~ Jim] Ellio' Dick John Bob I Dave BohR Kni was b husinE Kni< Arc WI ht ad vol tril rna Pa th€ av 1 COl J of ~ catl tior l1 rep] did~ pro' Geo 1961 said in tJ W file the ~ said has Nl tives pow~ own }th Day LO mem.. tlembers lean m m 'Um son e lnson l lto sek 'er iJ. er ;el er ay .a y ker aeral >. naY's 'les ~gUlU ide ser ~ley ay 3610 JOURNAL Of THE HOUSE [59th Day to disqualify a member it has ousted from running.in an election to fill the vacancy, Ct Be It Further Resolved, that Robert Pavlak is not disqualified The fe and may file as a candidate for said office and if elected shall be seated as a member of this office upon presentation of the cer tificate of special election. The question was taken on the motion and the roll was called. There were 64 yeas and 0 nays as follows: The Hon Those who voted in the affirmative were: Speaker~ State of : Ainley Esau Johnson, D. Olsen Albrecht Evans Stadum Kaley Onnen Stowell Anderson, D. Ewald Knickerbocker Peterson Dear Spe Anderson, R. Fjoslien Sviggum Biersdorf Kvam Piepho Thiede Forsythe Levi I1easant Blatz Friedrich Valan I have Ludeman Redalen Valento Carlson, D. Fritz Luknic Rees signed an Crandall Halberg Weaver McDonald Reil Welker, following 'Dean' Haukoos Mehrkens Rose Dempsey Heap Wieser Nelsen, B. Rothenberg Wigley H. F.] ,Den Ouden" Heinitz Niehaus Schreiber Drew Hoberg Zubay rate 'on VI Erickson Norman Searles Speaker Searle Jennings Nysether Sherwood H.F.N The Speaker declared the resolution adopted. agenient local histc Kniykerbocker' Il1.o~ed the .Ho'~se ·do 'now adjourn. H. Jr. ~ of motor sales; POINT OF ORDER H.F.N dure for s " ' Vanasek rais~d a'point .of order pursuant to the negotiated agreement, that only the Floor Leader can make the motion to ~djourn.· H.F.Ni The Speaker ruled the point of order well taken. ance of ce Falls; dire ADJOURNMENT H.F.N veyance oj the convey Sieben, H., moved that the HOij.se do now adjourn. The motion prevailed. H. F. N thority to The Speaker declared the House stands adjourned. The House certificatef was adjourned until 12 :00 noon, Tuesday, January 22, 1980. iI. F. N identifying EDWARD A. BURDICK, Chief Clerk, Houfjle of· Representatives thorizing e 3616 JOURNAL OF THE HOUSE H. F. No. 606, relating to controlled substances; We 1 Sincerely yours, Irvin 1'\ ALBERT H. QUIE Willis] Governor Buzz A PROTEST AND DISSENT DickW We, the undersigned, protest and dissent from the actions of Mike J~ the Speaker of the House in the closing minutes of the 1979 Regular Legislative Session and in particular, the actions at that Carl M, time on a certain resolution relating to the Pavlak-Kempe elec tion contest. NormI John T~ Within the last 15 minutes of that session the following Rules of the House and elements of parliamentary procedure were ~ openly violated: . Harry Eugene 1. The Speaker passed over the Speeial'Orders Calendar without anyaction by the body whatsoever. . . Arlene 2. The Speaker refused a request for roll call on a motion to Stanley dispense with further proceedings under a call of the House. Gordon .3. The. Speaker refused to call the absentees on a vote when Stanley under call of the House. . .. ' Steve ~ 4.· The Speaker re~used to recognizea:mQtion to adjourn as a higher motion than the pending motion. Ray Fa 5. . .The Speakerfailed to put.the question.on a.qopting·a 1'eso- Doinini Jlltionbefore a rollcall was taken.y" .' "'~ '. ':.':." ',. _' , . ,·-:'·t·.;. ,._ ,: '" __ .' "...(' . . RaymO] 6. The Speaker stated a' matter was adopted when the vote Dee LOl on the matter indicated a qtl0fum was nqtpresent. Bob :Mc 7. The Speaker repeatedly and intentionally 'refusedJo recog Don Me nize members in Qrder to, speak, on motions and resolutions, or to raise points of order'and,personal privilege. . Mary Iv. f ."" In addition, we were also 'asked to violate that provision of the Marlin Minnesota Constitution, Article IV, Section 12, which prohibits the Legislature from meeting after a' cel'tain date~: ._ KenNe Steven' The actions of the Speaker in this matter constitute the most blatant misuse of authority we have witnessed in our legislative Tom Os experience. The events of that evening constitute a complete Todd 0- breakdown·of the orderly legislative proces3ancl'O'uT COl1.Cept of rule by law'. ." . ,ALPatt JOURNAL OF THE HOUSE 3617 We believe the House of Representatives deserves an apology. Irvin N. Anderson Jim Pehler Willis Eken John Sarna Buzz Anderson Robert L. Ellingson Dick Welch John Corbid ctions of Mike JarOs the 1979 Linda Berglin l8 at that Carl M. Johnson npe elec- Joseph R. Begich NormPrahl David Battaglia ng Rules John Tomlinson Leo Adams lre were Harry Sieben, Jr. LYn Carlson Eugene Waldorf Jalendar James Casserly Arlene Lehto Janet Clark lotion to Stanley A. Enebo John Clawson 1se. Gordon O. Voss Glen Anderson te when Stanley J. Fudro Michael Sieben Steve Wenzel outn' as Wayne Simoneau Ray Faricy Tom Stoa '-a reso- Dominic J. Elioff James Swanson Raymond J. Kempe Bob Vanasek he vote Dee Long Ann Wynia Bob lVlcEachern Phyllis Kahn ) recog- ions or Don Moe Henry Kalis Mary Murphy Dick Kostohryz l of the Marlin Doc Nelsen 'ohibits Carl Kroening Ken Nelson James Rice StevenNovak ,e most Paul McCarron :slative Tom Osthoff Randy Kelly mplete ;ept of Todd Otis George Mann ALPatton Lona Minne VOLUME 2 JOURNA.L OF THE HOUSE OF REPRESENTATIVES SEVENTY-FIRST SESSION OF THE LEGISLATURE STATE OF MINNESOTA 1979 RAMALEY PRINTING COMPANY lIG·tSLAT1VE R[FERENcr LtSftARY S1~ATE CAPiTOL SAkNT PAUL.. r?:HNNESOTA 55155.