Journal of the House
SPECIAL SESSION 2002
__________________
FIRST DAY
Saint Paul, Minnesota, Thursday, September 19, 2002
In obedience to the Proclamation of the Honorable Jesse Ventura, Governor of the State of Minnesota, summoning the two houses of the Legislature to meet in Special Session, the members of the House of Representatives assembled in the Chamber of the House of Representatives at the Capitol in Saint Paul on Thursday, the nineteenth day of September 2002 at 12:00 noon.
PROCLAMATION FOR SPECIAL SESSION 2002
Whereas, The Eighty-Second Legislature adjourned on May 20, 2002, and a range of events, including natural disasters, since adjournment have impacted the health, safety and well-being of the citizens of Minnesota; and
Whereas, An extraordinary occasion as envisioned by Article IV, Section 12 of the Minnesota Constitution is thereby created; and
Whereas, The people of Minnesota are best served by legislative action, with a limited agenda and all possible prior agreement, to address the concerns created by the natural disasters and other events;
Now Therefore, I, Jesse Ventura, Governor of Minnesota, do hereby summon you, members of the Legislature, to convene in Special Session on Thursday, September 19, 2002, at noon at the State Capitol in Saint Paul, Minnesota.
In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this 16th day of September in the year two thousand and two and of the State the one hundred forty-fourth.
Mary Kiffmeyer Jesse Ventura
Secretary of State Governor
At the hour of 12:00 noon and pursuant to the Proclamation of the Governor and pursuant to Minnesota Statutes 2000, Section 3.073, the Honorable Steve Sviggum, Speaker of the House, called the House of Representatives to order.
Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The roll was called and the following members were present:
| Abeler | Dorman | Holsten | Lenczewski | Otremba | Stanek | |
| Abrams | Dorn | Howes | Leppik | Ozment | Stang | |
| Anderson, B. | Eastlund | Huntley | Lieder | Paulsen | Swapinski | |
| Anderson, I. | Entenza | Jacobson | Lindner | Pawlenty | Swenson | |
| Bakk | Erhardt | Jaros | Lipman | Paymar | Sykora | |
| Bernardy | Erickson | Jennings | Mahoney | Pelowski | Thompson | |
| Biernat | Evans | Johnson, J. | Mares | Penas | Tingelstad | |
| Bishop | Finseth | Johnson, R. | Mariani | Peterson | Tuma | |
| Blaine | Folliard | Johnson, S. | Marko | Pugh | Vandeveer | |
| Boudreau | Fuller | Jordan | Marquart | Rhodes | Wagenius | |
| Bradley | Gerlach | Juhnke | McElroy | Rifenberg | Walker | |
| Buesgens | Gleason | Kahn | McGuire | Rukavina | Walz | |
| Carlson | Goodno | Kalis | Molnau | Ruth | Wasiluk | |
| Cassell | Goodwin | Kelliher | Mulder | Schumacher | Westerberg | |
| Clark, K. | Gray | Kielkucki | Mullery | Seagren | Westrom | |
| Daggett | Greiling | Knoblach | Murphy | Seifert | Wilkin | |
| Davids | Gunther | Koskinen | Ness | Sertich | Winter | |
| Davnie | Haas | Krinkie | Nornes | Skoe | Wolf | |
| Dawkins | Hackbarth | Kubly | Olson | Skoglund | Workman | |
| Dehler | Harder | Kuisle | Opatz | Slawik | Spk. Sviggum | |
| Dempsey | Hilstrom | Larson | Osskopp | Smith | ||
| Dibble | Hilty | Leighton | Osthoff | Solberg | ||
A quorum was present.
Hausman, Holberg and Milbert were excused.
Pursuant to Minnesota Statutes 2000, Section 3.073, the Speaker declared the House of Representatives organized for the 2002 Special Session.
Pawlenty moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is now duly organized pursuant to law for this Special Session. The motion prevailed.
The following message was received from the Senate:
Mr. Speaker:
This is to notify you that the Senate is now duly organized for the 2002 Special Session pursuant to the Minnesota Constitution and Minnesota Statutes.
Patrick E. Flahaven, Secretary of the Senate
There being no objection, the order of business reverted to Introduction and First Reading of House Bills.
The following House File was introduced:
Penas introduced:
H. F. No. 1, A bill for an act relating to flood relief in designated counties; providing for temporary waivers of certain program requirements and other relief; modifying certain property tax and aid provisions in designated counties; authorizing the sale of state bonds; appropriating money; amending Minnesota Statutes 2002, sections 256I.05, subdivision 1; 273.11, by adding a subdivision; 469.177, by adding a subdivision; 477A.015; Laws 2001, First Special Session chapter 12, section 10, as amended; Laws 2002, chapter 393, section 7, subdivision 20; proposing coding for new law in Minnesota Statutes, chapter 273.
The bill was read for the first time.
Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Penas moved that the rule therein be suspended and an urgency be declared so that H. F. No. 1 be given its second and third readings and be placed upon its final passage. The motion prevailed.
Penas moved that the Rules of the House be so far suspended that H. F. No. 1 be given its second and third readings and be placed upon its final passage. The motion prevailed.
H. F. No. 1 was read for the second time.
Penas moved to amend H. F. No. 1 as follows:
Page 11, line 24, after "subdivision" delete "4" and insert "5"
The motion prevailed and the amendment was adopted.
Winter offered an amendment to H. F. No. 1, as amended.
Pawlenty moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
McGuire was excused for the remainder of today's session.
The pending Winter amendment to H. F. No. 1, as amended, was again reported to the House.
Finseth raised a point of order pursuant to rule 3.21 that the Winter amendment was not in order.
Pursuant to section 245 of "Mason's Manual of Legislative Procedure," the Speaker submitted the following question to the House: "Is it the judgment of the House that the Finseth point of order is well taken?"
It was the judgment of the House that the Finseth point of order was well taken and the Winter amendment was out of order.
H. F. No. 1, A bill for an act relating to flood relief in designated counties; providing for temporary waivers of certain program requirements and other relief; modifying certain property tax and aid provisions in designated counties; authorizing the sale of state bonds; appropriating money; amending Minnesota Statutes 2002, sections 256I.05, subdivision 1; 273.11, by adding a subdivision; 469.177, by adding a subdivision; 477A.015; Laws 2001, First Special Session chapter 12, section 10, as amended; Laws 2002, chapter 393, section 7, subdivision 20; proposing coding for new law in Minnesota Statutes, chapter 273.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holsten | Lenczewski | Ozment | Stang | |
| Abrams | Dorn | Howes | Leppik | Paulsen | Swapinski | |
| Anderson, B. | Eastlund | Huntley | Lieder | Pawlenty | Swenson | |
| Anderson, I. | Entenza | Jacobson | Lindner | Paymar | Sykora | |
| Bakk | Erhardt | Jaros | Lipman | Pelowski | Thompson | |
| Bernardy | Erickson | Jennings | Mahoney | Penas | Tingelstad | |
| Biernat | Evans | Johnson, J. | Mares | Peterson | Tuma | |
| Bishop | Finseth | Johnson, R. | Mariani | Pugh | Vandeveer | |
| Blaine | Folliard | Johnson, S. | Marko | Rhodes | Wagenius | |
| Boudreau | Fuller | Jordan | Marquart | Rifenberg | Walker | |
| Bradley | Gerlach | Juhnke | McElroy | Rukavina | Walz | |
| Buesgens | Gleason | Kahn | Molnau | Ruth | Wasiluk | |
| Carlson | Goodno | Kalis | Mulder | Schumacher | Westerberg | |
| Cassell | Goodwin | Kelliher | Mullery | Seagren | Westrom | |
| Clark, K. | Gray | Kielkucki | Murphy | Seifert | Wilkin | |
| Daggett | Greiling | Knoblach | Ness | Sertich | Winter | |
| Davids | Gunther | Koskinen | Nornes | Skoe | Wolf | |
| Davnie | Haas | Krinkie | Olson | Skoglund | Workman | |
| Dawkins | Hackbarth | Kubly | Opatz | Slawik | Spk. Sviggum | |
| Dehler | Harder | Kuisle | Osskopp | Smith | ||
| Dempsey | Hilstrom | Larson | Osthoff | Solberg | ||
| Dibble | Hilty | Leighton | Otremba | Stanek | ||
The bill was passed, as amended, and its title agreed to.
INTRODUCTION AND FIRST READING OF HOUSE BILLS, Continued
The following House File was introduced:
Abrams introduced:
H. F. No. 2, A bill for an act relating to charitable contribution deductions under the alternative minimum tax; amending Minnesota Statutes 2002, section 290.091, subdivision 2.
The bill was read for the first time.
Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Abrams moved that the rule therein be suspended and an urgency be declared so that H. F. No. 2 be given its second and third readings and be placed upon its final passage. The motion prevailed.
Abrams moved that the Rules of the House be so far suspended that H. F. No. 2 be given its second and third readings and be placed upon its final passage. The motion prevailed.
H. F. No. 2 was read for the second time.
H. F. No. 2, A bill for an act relating to charitable contribution deductions under the alternative minimum tax; amending Minnesota Statutes 2002, section 290.091, subdivision 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
The following House File was introduced:
Abrams introduced:
H. F. No. 3, A bill for an act relating to sales tax imposed on the delivery of aggregate materials and concrete block; making technical corrections; amending Minnesota Statutes 2002, section 297A.61, subdivision 3.
The bill was read for the first time.
Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Abrams moved that the rule therein be suspended and an urgency be declared so that H. F. No. 3 be given its second and third readings and be placed upon its final passage. The motion prevailed.
Abrams moved that the Rules of the House be so far suspended that H. F. No. 3 be given its second and third readings and be placed upon its final passage. The motion prevailed.
H. F. No. 3 was read for the second time.
H. F. No. 3, A bill for an act relating to sales tax imposed on the delivery of aggregate materials and concrete block; making technical corrections; amending Minnesota Statutes 2002, section 297A.61, subdivision 3.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
The following House Files were introduced:
Clark, K., and Koskinen introduced:
H. F. No. 4, A bill for an act relating to crime prevention; creating a gross misdemeanor for assaulting a member of a community crime prevention group; amending Minnesota Statutes 2002, section 609.2231, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Anderson, I., introduced:
H. F. No. 5, A bill for an act relating to charitable contribution deductions under the alternative minimum tax; amending Minnesota Statutes 2002, section 290.091, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Clark, K., and Koskinen introduced:
H. F. No. 6, A bill for an act relating to crime prevention; establishing a pilot project to enhance community policing efforts; providing competitive grants to certain law enforcement agencies; appropriating money.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Erhardt introduced:
H. F. No. 7, A bill for an act relating to taxation; individual income; allowing the deduction of charitable contributions in calculating alternative minimum tax; amending Minnesota Statutes 2002, section 290.091, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Clark, K., and Koskinen introduced:
H. F. No. 8, A bill for an act relating to crime prevention; requiring law enforcement agencies and prosecuting authorities in cities of the first class to notify community crime prevention groups of the outcome of criminal proceedings; proposing coding for new law in Minnesota Statutes, chapter 611A.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Koskinen and Clark, K., introduced:
H. F. No. 9, A bill for an act relating to health; restricting health plan premium increases; requiring a report; amending Minnesota Statutes 2002, section 62J.04, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Tingelstad, Abeler and Goodwin introduced:
H. F. No. 10, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Northstar commuter rail project.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Anderson, I., introduced:
H. F. No. 11, A bill for an act relating to charitable contribution deductions under the alternative minimum tax; amending Minnesota Statutes 2002, section 290.091, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Clark, K., introduced:
H. F. No. 12, A resolution urging Congress to support the creation of a National Affordable Housing Trust Fund.
The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.
Folliard; Koskinen and Clark, K., introduced:
H. F. No. 13, A bill for an act relating to commerce; regulating home loans; providing protections; proposing coding for new law as Minnesota Statutes, chapter 58A.
The bill was read for the first time and referred to the Committee on Commerce, Jobs and Economic Development.
Peterson and Anderson, I., introduced:
H. F. No. 14, A resolution urging the United States House of Representatives to pass legislation for federal disaster assistance to agriculture.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
MOTIONS AND RESOLUTIONS
Abrams moved that the names of McElroy; Anderson, I.; Gleason; Paulsen; Erhardt; Dibble; Kelliher and Mullery be added as authors on H. F. No. 2. The motion prevailed.
Abrams moved that the names of McElroy and Anderson, I., be added as authors on H. F. No. 3. The motion prevailed.
Clark, K., moved that the names of Dibble, Mariani and Wagenius be added as authors on H. F. No. 4. The motion prevailed.
Clark, K., moved that the names of Dibble, Mariani, Hilstrom, Wagenius and Mullery be added as authors on H. F. No. 6. The motion prevailed.
Clark, K., moved that the names of Dibble, Mariani, Wagenius and Mullery be added as authors on H. F. No. 8. The motion prevailed.
Koskinen moved that the name of Evans be added as an author on H. F. No. 9. The motion prevailed.
Clark, K., moved that the names of Dibble, Mariani, Hilstrom, Wagenius, Greiling, Evans and Johnson, R., be added as authors on H. F. No. 12. The motion prevailed.
Clark, K., moved that the name of Thompson be added as chief author on H. F. No. 12. The motion prevailed.
Folliard moved that the names of Greiling, Evans, Davnie, Paymar, Gray and Mariani be added as authors on H. F. No. 13. The motion prevailed.
Peterson moved that the names of Kubly, Leighton, Winter, Kalis, Skoe, Marquart, Lieder, Juhnke, Otremba and Schumacher be added as authors on H. F. No. 14. The motion prevailed.
Pawlenty moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is about to adjourn this 2002 Special Session sine die. The motion prevailed.
Pawlenty moved that the Chief Clerk be and is hereby authorized to correct and approve the Journal of the House, 2002 Special Session, for Thursday, September 19, 2002, and that he be authorized to include in the Journal for today any subsequent proceedings. The motion prevailed.
There being no objection, the order of business reverted to Messages from the Senate.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1, A bill for an act relating to flood relief in designated counties; providing for temporary waivers of certain program requirements and other relief; modifying certain property tax and aid provisions in designated counties; authorizing the sale of state bonds; appropriating money; amending Minnesota Statutes 2002, sections
256I.05, subdivision 1; 273.11, by adding a subdivision; 469.177, by adding a subdivision; 477A.015; Laws 2001, First Special Session chapter 12, section 10, as amended; Laws 2002, chapter 393, section 7, subdivision 20; proposing coding for new law in Minnesota Statutes, chapter 273.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2, A bill for an act relating to charitable contribution deductions under the alternative minimum tax; amending Minnesota Statutes 2002, section 290.091, subdivision 2.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3, A bill for an act relating to sales tax imposed on the delivery of aggregate materials and concrete block; making technical corrections; amending Minnesota Statutes 2002, section 297A.61, subdivision 3.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
This is to notify you that the Senate is about to adjourn the 2002 Special Session sine die.
Patrick E. Flahaven, Secretary of the Senate
SPECIAL SESSION SINE DIE
Pawlenty moved that the House adjourn sine die for the 2002 Special Session. The motion prevailed and the Speaker declared the House stands adjourned sine die for the 2002 Special Session.
Edward A. Burdick, Chief Clerk, House of Representatives