Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 1


 

VOLUME 1

JOURNAL

OF THE

HOUSE

OF REPRESENTATIVES

 

EIGHTY-FOURTH SESSION

OF THE

LEGISLATURE

STATE OF MINNESOTA

 

2005



Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 2




Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 3




STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

FIRST DAY

 

Saint Paul, Minnesota, Tuesday, January 4, 2005

 

 

In accordance with the Constitution and the Laws of the State of Minnesota, the members-elect of the House of Representatives assembled in the Chamber of the House of Representatives in the Capitol in Saint Paul on Tuesday, the fourth day of January 2005.

 

At the hour of twelve o'clock noon and pursuant to Minnesota Statutes 2004, Section 3.05, the Honorable Mary Kiffmeyer, Secretary of State, called the members-elect to order and appointed the Honorable Ron Abrams from District 43B as Clerk pro tempore.

 

Prayer was offered by the Reverend Lonnie E. Titus, Farmington, Minnesota.

 

The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

The Clerk pro tempore called the roll by legislative district in numerical order, and the following members-elect presented proof of their eligibility to be sworn in and seated as members of the House of Representatives:

 


1A................................ Maxine Penas

1B................................ Bernie L. Lieder

2A................................ Kent Eken

2B................................ Brita Sailer

3A................................ Irv Anderson

3B................................ Loren A. Solberg

4A................................ Frank Moe

4B................................ Larry Howes

5A................................ Tom Rukavina

5B................................ Anthony "Tony" Sertich

6A................................ David Dill

6B................................ Mary Murphy

7A................................ Thomas Huntley

7B ............................... Mike Jaros

8A................................ Bill Hilty

8B................................ Judy Soderstrom

9A................................ Morrie Lanning

9B................................ Paul Marquart

10A.............................. Bud Nornes

10B.............................. Dean Simpson

11A.............................. Torrey Westrom

11B.............................. Mary Ellen Otremba

12A.............................. Paul Gazelka

12B.............................. Greg Blaine

13A.............................. Bud Heidgerken

13B.............................. Al Juhnke

14A.............................. Dan Severson

14B.............................. Larry Hosch

15A.............................. Jim Knoblach

15B.............................. Joe Opatz

16A.............................. Sondra Erickson

16B.............................. Mark Olson

17A.............................. Rob Eastlund

17B.............................. Pete Nelson


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 4


 

18A.............................. Scott Newman

18B.............................. Dean Urdahl

19A.............................. Bruce Anderson

19B.............................. Tom Emmer

20A.............................. Aaron Peterson

20B.............................. Lyle Koenen

21A.............................. Marty Seifert

21B.............................. Brad Finstad

22A.............................. Doug Magnus

22B.............................. Rod Hamilton

23A.............................. Ruth Johnson

23B.............................. John Dorn

24A.............................. Bob Gunther

24B.............................. Tony Cornish

25A.............................. Laura Brod

25B.............................. Ray Cox

26A.............................. Connie Ruth

26B.............................. Patti Fritz

27A.............................. Dan Dorman

27B.............................. Jeanne Poppe

28A.............................. Jerry Dempsey

28B.............................. Steve Sviggum

29A.............................. Randy Demmer

29B.............................. Fran Bradley

30A.............................. Tina Liebling

30B.............................. Andy Welti

31A.............................. Gene Pelowski, Jr.

31B.............................. Gregory M. Davids

32A.............................. Joyce Peppin

32B.............................. Kurt Zellers

33A.............................. Steve Smith

33B.............................. Barb Sykora

34A.............................. Paul Kohls

34B.............................. Joe Hoppe

35A.............................. Mike Beard

35B.............................. Mark Buesgens

36A.............................. Mary Liz Holberg

36B.............................. Pat Garofalo

37A.............................. Lloyd Cybart

37B.............................. Dennis Ozment

38A.............................. Tim Wilkin

38B.............................. Lynn Wardlow

39A.............................. Rick Hansen

39B.............................. Joe Atkins

40A.............................. Duke Powell

40B.............................. Ann Lenczewski

41A.............................. Ron Erhardt

41B.............................. Neil W. Peterson

42A.............................. Maria Ruud

42B.............................. Erik Paulsen

43A.............................. Jeff Johnson

43B.............................. Ron Abrams

44A.............................. Steve Simon

44B.............................. Ron Latz

45A.............................. Sandra Peterson

45B.............................. Lyndon R. Carlson

46A.............................. Mike Nelson

46B.............................. Debra Hilstrom

47A.............................. Denise R. Dittrich

47B.............................. Melissa Hortman

48A.............................. Tom Hackbarth

48B.............................. Jim Abeler

49A.............................. Chris DeLaForest

49B.............................. Kathy Tingelstad

50A.............................. Barb Goodwin

50B.............................. Char Samuelson

51A.............................. Andy Westerberg

51B.............................. Connie Bernardy

52A.............................. Ray Vandeveer

52B.............................. Matt Dean

53A.............................. Phil Krinkie

53B.............................. Doug Meslow

54A.............................. Mindy Greiling

54B.............................. Bev Scalze

55A.............................. Leon M. Lillie

55B.............................. Nora Slawik

56A.............................. Mike Charron

56B.............................. Karen Klinzing

57A.............................. Katie Sieben

57B.............................. Denny McNamara

58A.............................. Joe Mullery

58B.............................. Keith Ellison

59A.............................. Diane Loeffler

59B.............................. Phyllis Kahn

60A.............................. Margaret Anderson Kelliher

60B.............................. Frank Hornstein

61A.............................. Karen Clark

61B.............................. Neva Walker

62A.............................. Jim Davnie

62B.............................. Jean Wagenius

63A.............................. Paul Thissen

63B.............................. Dan Larson

64A.............................. Matt Entenza

64B.............................. Michael Paymar

65A.............................. Cy Thao

65B.............................. Carlos Mariani

66A.............................. John Lesch

66B.............................. Alice Hausman

67A.............................. Tim Mahoney

67B.............................. Sheldon Johnson


 

134 eligible persons answered to the call by legislative district.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 5


 

OATH OF OFFICE

 

The members-elect subscribed to the oath of office as administered to them by the Honorable Chief Justice Kathleen A. Blatz.

 

The members took their seats in the Chamber of the House of Representatives.

 

The Clerk pro tempore called the roll in alphabetical order and the following answered to their names:

 


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

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

Opatz

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

Sviggum

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers


 

 

A quorum was present.

 

ELECTION OF OFFICERS

 

The Secretary of State announced the next order of business to be the election of the Speaker.

 

The name of Steve Sviggum was placed in nomination by Hoppe. The nomination was seconded by Dorman and Penas.

 

The name of Matt Entenza was placed in nomination by Dorn. The nomination was seconded by Fritz and Lieder.

 

 

There being no further nominations, the Secretary of State declared the nominations closed.

 

 

The Clerk pro tempore called the roll on the election of a Speaker.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 6


 

The following members of the House voted for Sviggum:

 


Abeler

Abrams

Beard

Blaine

Bradley

Brod

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

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

Sviggum

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers


 

 

Sviggum received 67 votes.

 

The following members of the House voted for Entenza:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

Entenza received 64 votes.

 

 

Steve Sviggum, having received a majority of the votes cast, was declared duly elected Speaker of the House.

 

 

Hamilton, Brod, Charron, Dean and Ruth were appointed to escort the Speaker-elect to the rostrum.

 

 

OATH OF OFFICE

 

The oath of office was administered to Speaker-elect Steve Sviggum by the Honorable Chief Justice Kathleen A. Blatz. The Speaker expressed his appreciation for the honor bestowed upon him.

 

 

The Speaker announced the next order of business to be the election of the Chief Clerk.

 

The name of Albin A. Mathiowetz was placed in nomination by Ozment. The nomination was seconded by Bernardy.

 

There being no further nominations, the Speaker declared the nominations closed.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 7


 

The Clerk pro tempore called the roll on the election of the Chief Clerk and the following voted for Mathiowetz:

 


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

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

Opatz

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


 

 

Albin A. Mathiowetz, having received a majority of the votes cast, was declared duly elected Chief Clerk of the House of Representatives.

 

 

OATH OF OFFICE

 

The oath of office was administered to the Chief Clerk-elect by the Speaker.

 

 

The Speaker announced the next order of business to be the election of other elected officers of the House of Representatives.

 

 

Kelliher offered the following resolution and moved its adoption:

 

Resolved, that the election of other officers be made on one roll call unless there should be more than one nomination for any one office.

 

The motion prevailed and the resolution was adopted.

 

 

Kelliher placed the following names in nomination for elected officers of the Minnesota House of Representatives:

 

The name of Patrick D. Murphy for First Assistant Chief Clerk.

 

The name of Gail C. Romanowski for Second Assistant Chief Clerk.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 8


 

The name of Shawn M. Peterson for Chief Sergeant at Arms.

 

The name of Andrew H. Carter for First Assistant Sergeant at Arms.

 

The name of Jake Jewell for Second Assistant Sergeant at Arms/Postmaster.

 

The name of Sandra A. Dicke for Assistant Sergeant at Arms.

 

The name of Soliving K. Kong for Assistant Postmaster.

 

The name of David G. Surdez for Index Clerk.

 

The name of the Reverend Lonnie E. Titus for Chaplain.

 

 

There being no further nominations, the Speaker declared the nominations closed.

 

 

The Chief Clerk called the roll on the election of the other officers and the following members voted for Murphy, Romanowski, Peterson, Carter, Jewell, Dicke, Kong, Surdez and Titus:

 


Abeler

Abrams

Anderson, B.

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

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

Opatz

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 following member voted for Murphy, Romanowski, Peterson, Carter, Jewell, Dicke, Kong and Surdez:

 


Anderson, I.


 

 

The nominees, having received a majority of the votes cast, were declared duly elected to their respective offices.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 9


 

OATH OF OFFICE

 

The oath of office was administered by the Speaker to those elected to the above offices.

 

 

Paulsen offered the following resolution and moved its adoption:

 

 

Be It Resolved by the House of Representatives of the State of Minnesota that the Temporary Rules of the House for this session, the 84th Regular Session, are the same as the Temporary Rules of the House for the last session, the 83rd Regular Session, as they existed on May 16, 2004, with the following exceptions:

 

Rule 1.10 shall read:

 

1.10 INTRODUCTION OF BILLS AND RESOLUTIONS. A bill or resolution must be submitted to the Speaker at least 24 hours before the convening of the daily session at which it is to be introduced.

 

A bill or resolution must be introduced in quadruplicate triplicate and each copy must bear the signature of the member or the name of the committee introducing it.

 

In regular session, a bill prepared by a department or agency of state government must be introduced and given its first reading at least ten days before the date of the first committee deadline.

 

Rule 4.03 shall read:

 

4.03 WAYS AND MEANS COMMITTEE; BUDGET RESOLUTION; EFFECT ON EXPENDITURE AND REVENUE BILLS. The Committee on Ways and Means must hold hearings as necessary to determine state expenditures and revenues for the fiscal biennium.

 

Within 20 days after the last state general fund revenue and expenditure forecast for the next fiscal biennium becomes available during the regular session in the odd-numbered year, the Committee on Ways and Means must adopt and report a budget resolution, in the form of a House resolution. The budget resolution must set: (a) the maximum limit on net expenditures for the next fiscal biennium for the general fund, excluding any increased expenditures for tax reduction and relief; and (b) an amount or amounts to be set aside as a budget reserve and a cash flow account. The House budget resolution must not specify, limit, or prescribe revenues or expenditures by any category other than those specified in clauses (a) and (b). After the House adopts the budget resolution, the limits in the resolution are effective during the regular session in the year in which the resolution is adopted, unless the House, acting upon a subsequent report of the Committee on Ways and Means, adopts a different limit or limits for the same fiscal biennium. During the regular session in the even-numbered year, before the Committee on Ways and Means reports a bill containing net increases or decreases in expenditures as compared to general fund expenditures in the current fiscal biennium estimated by the most recent state budget forecast, the Committee must adopt a budget resolution that accounts for the net changes in expenditures. After the Committee adopts the budget resolution, it is effective during the regular session that year, unless the Committee adopts a different or amended resolution.

 

Within 14 days after the House or the Committee on Ways and Means adopts a budget resolution, the Committee must adopt, by resolution, limits for each budget category represented by the major finance and revenue bills identified in this Rule. The Committee may also, by resolution, set limits for funds other than the general fund.


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After the Committee adopts a resolution, the limits in the resolution are the maximums effective during the regular session in the year in which the resolution is adopted, unless the Committee subsequently adopts different or amended limits for the same fiscal biennium.

 

The Committee on Ways and Means may not combine any of the major finance or revenue bills.

 

Major finance and revenue bills are:

 

the agriculture and rural development finance bill;

 

the higher education finance bill;

 

the K-12 education finance bill;

 

the family and early childhood education finance bill;

 

the agriculture, environment, and natural resources finance bill;

 

the health and human services finance bill;

 

the state government finance bill;

 

the jobs and economic development opportunity finance bill;

 

the transportation finance bill;

 

the judiciary public safety finance bill;

 

the omnibus capital investment bill; and

 

the omnibus tax bill.

 

After the adoption of a resolution by the House or by the Committee on Ways and Means, each finance committee, the Committee on Capital Investment, and the Committee on Taxes must reconcile each finance and revenue bill described in Rule 4.10 and Rule 4.11 with the resolution or resolutions. When reporting a bill, the committee must provide to the Committee on Ways and Means a fiscal statement on the bill and a written statement certifying that the committee has reconciled the fiscal effect of the bill with the resolution or resolutions and that the bill, as reported by the committee, together with other bills reported and expected to be reported by the committee, does not and will not exceed the limits specified in the resolution or resolutions.

 

After the adoption of a resolution by the House or the Committee on Ways and Means, the Committee on Ways and Means must reconcile finance and revenue bills with the resolution or resolutions. When reporting a bill, the chair of the Committee must certify to the House that the Committee has reconciled the bill with the resolution or resolutions and that the bill, as reported by the Committee, together with other bills reported and expected to be reported by the Committee, does not and will not exceed the limits specified in the resolution or resolutions.

 

After the adoption of a resolution by the House or the Committee on Ways and Means, an amendment to a bill is out of order if it would cause any of the limits specified in the resolution or resolutions to be exceeded. Whether an amendment is out of order under this Rule is a question to be decided on the Floor by the Speaker or other presiding officer and in committee by the person chairing the committee meeting. In making the determination, the Speaker or other presiding officer or the committee chair may consider: (1) the limits in a resolution; (2) the effect of


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 11


existing laws on revenues and expenditures; (3) the effect of amendments previously adopted to the bill under consideration; (4) the effect of bills previously recommended by a committee or bills previously passed in the legislative session by the House or by the legislature; (5) whether expenditure increases or revenue decreases that would result from the amendment are offset by decreases in other expenditures or increases in other revenue specified by the amendment; and (6) other information reasonably related to expenditure and revenue amounts.

 

After a resolution is adopted by the House or the Committee on Ways and Means, the Committee must cause to be published a summary of the estimated fiscal effect on the general fund of each bill that has been referred to the Committee on Ways and Means by a finance committee, the Capital Investment Committee, or the Committee on Taxes and of each bill that has been reported by the Committee on Ways and Means.

 

Rule 4.13 shall read:

 

4.13 BILLS AFFECTING STATE GOVERNMENT POWERS AND STRUCTURE. The Committee on Governmental Operations and Veterans Affairs Policy has jurisdiction over a House or Senate bill that:

 

(a) establishes or reestablishes a department, agency, commission, board, task force, advisory committee or council, or bureau, or other like entity;

 

(b) delegates rulemaking authority to, or exempts from rulemaking, a department or agency of state government; or

 

(c) substantially changes the organization of a department or agency of state government or substantially changes, vests or divests the official rights, powers, or duties of an official, department or agency of state government or an institution under its control.

 

Except as otherwise provided in this Rule and Rule 1.15, a bill that is within the jurisdiction of the Committee on Governmental Operations and Veterans Affairs Policy must be referred to that Committee before it receives its second reading. A committee (other than the Committee on Governmental Operations and Veterans Affairs Policy) reporting such a bill must recommend its re-referral to the Committee on Governmental Operations and Veterans Affairs Policy if reporting before the deadline for action on the bill by that Committee; if reporting after the deadline, the committee must recommend re-referral to the Committee on Rules and Legislative Administration.

 

The re-referral requirements of this Rule do not apply to the major finance and revenue bills identified in Rule 4.03. If a major finance or revenue bill contains a provision specified in clauses (a) or (b) of the definition in this Rule, the chair of the finance or tax committee reporting the bill must notify the chair of the Committee on Rules and Legislative Administration before the bill is considered by the House.

 

The re-referral requirements of this Rule do not apply to other bills reported by a finance committee or the tax committee, except bills that contain a provision specified in clauses (a) and (b) of the definition in this Rule.

 

Rule 6.01 shall read:

 

6.01 COMMITTEES. Standing committees of the House must be appointed by the Speaker as follows:

 

Agriculture and Rural Development

 

Capital Investment

 

Civil Law and Elections


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Commerce and Financial Institutions

 

Technology, Bio-Sciences and Medical Products Division

 

Tourism Division

 

Education Policy and Reform

 

Environment and Natural Resources

 

Ethics

 

Governmental Operations and Veterans Affairs

 

Local Government

 

Regulated Industries

 

Gaming Division

 

Rules and Legislative Administration

 

Taxes

 

Property and Local Tax Division

 

Transportation

 

Ways and Means

 

Agriculture, Environment and Natural Resources Finance

 

Education Finance

 

Health Policy and Finance

 

Health Care Cost Containment Division

 

Higher Education Finance

 

Jobs and Economic Opportunity Policy and Finance

 

Public Safety Policy and Finance

 

State Government Finance

 

Transportation Finance


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 13


 

The Temporary Rules of the House for the 84th Regular Session apply until the Committee on Rules and Legislative Administration to be appointed by the Speaker has made its report and the House has adopted new permanent rules.

 

 

Olson moved to amend the proposed Temporary Rules for the 84th session as reported in the resolution as follows:

 

Page 6, after line 24, insert "The committee shall make its report and the House shall adopt permanent rules by February 15, 2005."

 

 

The motion prevailed and the amendment was adopted.

 

 

Entenza moved to amend the proposed Temporary Rules for the 84th session as reported in the resolution as follows:

 

Rule 6.02 is amended to read:

 

6.02 COMMITTEE MEMBERSHIP. At least 30 days before the start of a regular session of the Legislature, the Speaker-designate must provide the minority political party caucuses with a list of the standing committees proposed for the session. The Speaker-designate must prescribe the number of minority caucus members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members.

 

If the minority leader submits to the Speaker-designate, at least 15 days before the start of the session, a list of proposed committee assignments for the minority caucus that complies with the numbers and guidelines provided, the Speaker must make the proposed assignments with the purpose of attaining proportionate representation on the committees for the minority caucus.

 

A committee of the House must not have exclusive membership from one profession, occupation or vocation. During the 84th Legislature, the number of members assigned to each committee of the House from the majority caucus must not exceed by more than one the number of members assigned from the minority caucus.

 

A member must not serve as the chair of the same standing committee, or a standing committee with substantially the same jurisdiction, during more than three consecutive regular biennial sessions that the member's caucus is in the majority, even if the sessions are not otherwise consecutive. This Rule does not apply to service as chair of the Committee on Rules and Legislative Administration.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Entenza amendment and the roll was called. There were 67 yeas and 67 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom



Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 14


 

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Olson

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

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

Ozment

Paulsen

Penas

Peppin

Peterson, N.

Powell

Ruth

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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

 

 

Rukavina moved to amend the proposed Temporary Rules for the 84th session as reported in the resolution as follows:

 

Rule 4.03 shall read:

 

4.03 WAYS AND MEANS COMMITTEE; BUDGET RESOLUTION; EFFECT ON EXPENDITURE AND REVENUE BILLS. The Committee on Ways and Means must hold hearings as necessary to determine state expenditures and revenues for the fiscal biennium.

 

Within 20 days after the last state general fund revenue and expenditure forecast for the next fiscal biennium becomes available during the regular session in the odd-numbered year, the Committee on Ways and Means must adopt and report a budget resolution, in the form of a House resolution. The budget resolution must set: (a) the maximum limit on net expenditures for the next fiscal biennium for the general fund, excluding any increased expenditures for tax reduction and relief; and (b) an amount or amounts to be set aside as a budget reserve and a cash flow account. The House budget resolution must not specify, limit, or prescribe revenues or expenditures by any category other than those specified in clauses (a) and (b). After the House adopts the budget resolution, the limits in the resolution are effective during the regular session in the year in which the resolution is adopted, unless the House, acting upon a subsequent report of the Committee on Ways and Means, adopts a different limit or limits for the same fiscal biennium. During the regular session in the even-numbered year, before the Committee on Ways and Means reports a bill containing net increases or decreases in expenditures as compared to general fund expenditures in the current fiscal biennium estimated by the most recent state budget forecast, the Committee must adopt a budget resolution that accounts for the net changes in expenditures. After the Committee adopts the budget resolution, it is effective during the regular session that year, unless the Committee adopts a different or amended resolution.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 15


 

Within 14 days after the House or the Committee on Ways and Means adopts a budget resolution, the Committee must adopt, by resolution, limits for each budget category represented by the major finance and revenue bills identified in this Rule. The Committee may also, by resolution, set limits for funds other than the general fund. After the Committee adopts a resolution, the limits in the resolution are the maximums effective during the regular session in the year in which the resolution is adopted, unless the Committee subsequently adopts different or amended limits for the same fiscal biennium.

 

The Committee on Ways and Means may not combine any of the major finance or revenue bills.

 

Major finance and revenue bills are:

 

the agriculture and rural development finance bill;

 

the higher education finance bill;

 

the K-12 education finance bill;

 

the family and early childhood education finance bill;

 

the agriculture, environment, and natural resources finance bill;

 

the health and human services finance bill;

 

the state government finance bill;

 

the jobs and economic development opportunity finance bill;

 

the transportation finance bill;

 

the judiciary public safety finance bill;

 

the omnibus capital investment bill; and

 

the omnibus tax bill.

 

After the adoption of a resolution by the House or by the Committee on Ways and Means, each finance committee, the Committee on Capital Investment, and the Committee on Taxes must reconcile each finance and revenue bill described in Rule 4.10 and Rule 4.11 with the resolution or resolutions. When reporting a bill, the committee must provide to the Committee on Ways and Means a fiscal statement on the bill and a written statement certifying that the committee has reconciled the fiscal effect of the bill with the resolution or resolutions and that the bill, as reported by the committee, together with other bills reported and expected to be reported by the committee, does not and will not exceed the limits specified in the resolution or resolutions.

 

After the adoption of a budget resolution by the House or the Committee on Ways and Means, the Committee on Ways and Means must reconcile finance and revenue bills with the resolution or resolutions. When reporting a bill, the chair of the Committee must certify to the House that the Committee has reconciled the bill with the budget resolution or resolutions and that the bill, as reported by the Committee, together with other bills reported and expected to be reported by the Committee, does not and will not exceed require a change in the limits or amounts specified in the resolution or resolutions.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 16


 

After the adoption of a resolution by the House or the Committee on Ways and Means, an amendment to a bill is out of order in a finance committee or tax committee if it would cause any of the limits specified in the resolution or resolutions to be exceeded. After the adoption of a budget resolution by the House or the Committee on Ways and Means, an amendment to a bill is out of order in the Committee on Ways and Means or on the House Floor if it would require a change in the limits or amounts specified in the budget resolution. Whether an amendment is out of order under this Rule is a question to be decided on the Floor by the Speaker or other presiding officer and in committee by the person chairing the committee meeting. In making the determination, the Speaker or other presiding officer or the committee chair may consider: (1) the limits in a resolution; (2) the effect of existing laws on revenues and expenditures; (3) the effect of amendments previously adopted to the bill under consideration; (4) the effect of bills previously recommended by a committee or bills previously passed in the legislative session by the House or by the legislature; (5) whether expenditure increases or revenue decreases that would result from the amendment are offset by decreases in other expenditures or increases in other revenue specified by the amendment; and (6) other information reasonably related to expenditure and revenue amounts.

 

After a resolution is adopted by the House or the Committee on Ways and Means, the Committee must cause to be published a summary of the estimated fiscal effect on the general fund of each bill that has been referred to the Committee on Ways and Means by a finance committee, the Capital Investment Committee, or the Committee on Taxes and of each bill that has been reported by the Committee on Ways and Means.

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Rukavina amendment and the roll was called. There were 66 yeas and 68 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

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

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

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


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 17


 

The question recurred on the adoption of Temporary Rules and the roll was called. There were 68 yeas and 65 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

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

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

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

The motion prevailed and the resolution relating to the Temporary Rules for the 84th Session, as amended, was adopted.

 

 

Paulsen offered the following resolution and moved its adoption:

 

Resolved, that the Chief Clerk be instructed to inform the Senate by message that the House is duly organized pursuant to law.

 

The motion prevailed and the resolution was adopted.

 

 

Paulsen offered the following resolution and moved its adoption:

 

Resolved, that the Speaker appoint a committee of five members of the House to notify the Governor that the House of Representatives is now duly organized pursuant to law.

 

The motion prevailed and the resolution was adopted.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 18


 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the appointment of the following members of the House to the committee to notify the Governor that the House is now organized:

 

Beard, Lieder, Dill, Soderstrom and Opatz.

 

 

Paulsen offered the following resolution and moved its adoption:

 

Resolved, that necessary employees as directed by the Committee on Rules and Legislative Administration be authorized by the House effective today, Tuesday, January 4, 2005, to better expedite the business of the House.

 

 

Entenza moved to amend the Paulsen resolution relating to employees as follows:

 

Page 1, line 3, after the period, insert "During the 84th Legislature, Republican and Democrat caucus staffs will be identical in number, excluding Committee Administrators and Caucus Leadership Staff."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Entenza amendment and the roll was called. There were 66 yeas and 68 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

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

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



Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 19


 

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

The motion did not prevail and the amendment to the Paulsen resolution relating to employees was not adopted.

 

 

The question recurred on the adoption of the Paulsen resolution relating to employees and the roll was called. There were 68 yeas and 66 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

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

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

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Carlson

Clark

Davnie

Dill

Dittrich

Dorn

Eken

Ellison

Entenza

Fritz

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moe

Mullery

Murphy

Nelson, M.

Opatz

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker

Welti


 

 

The motion prevailed and the resolution relating to employees was adopted.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the appointment of Representatives Abrams and Davids as Speakers pro tempore for the 2005-2006 session.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

The Speaker announced the appointment of the following members to the Committee on Rules and Legislative Administration:

 

Paulsen, Chair; Samuelson, Vice Chair; Abrams; Anderson, B.; Hoppe; Johnson, J.; Kohls; Magnus; Ozment; Seifert; Smith; Sviggum; Tingelstad; Bernardy; Carlson; Hosch; Juhnke; Kelliher; Loeffler; Moe; Poppe; Sailer and Sertich.


Journal of the House 1st Day - Tuesday, January 4, 2005 - Top of Page 20


 

 

Holberg offered the following resolution and moved its adoption:

 

Resolved, that the selection of permanent desks shall be as directed by the Speaker as follows:

 

(1) that the majority caucus shall occupy section 1, seats 1 to 19; section 2, seats 22 to 41; section 3, seats 42 to 68; and section 4, seat 91. All members of the majority caucus shall be seated in the manner prescribed by the majority caucus.

 

(2) that the minority caucus shall occupy section 4, seats 70 to 90 and 92 to 97; section 5, seats 99 to 119; and section 6, seats 120 to 138. All members of the minority caucus shall be seated in the manner prescribed by the minority caucus.

 

The motion prevailed and the resolution was adopted.

 

 

MESSAGES FROM THE SENATE

 

 

The following message was received from the Senate:

 

Mr. Speaker:

 

I have the honor to announce that the Senate of the State of Minnesota is now duly organized pursuant to law with the election of the following officers:

 

James P. Metzen, President

 

Patrick E. Flahaven, Secretary of the Senate

 

Patrice Dworak, First Assistant Secretary of the Senate

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

Catherine Morrison, Engrossing Secretary

 

Sven Lindquist, Sergeant at Arms

 

Marilyn H. Hall, Assistant Sergeant at Arms

 

Robert L. Lubben, Chaplain

 

Patrick E. Flahaven, Secretary of the Senate

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 11:30 a.m., Thursday, January 6, 2005. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:30 a.m., Thursday, January 6, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives