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
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.
Journal of the House – 1st
Day - Tuesday, January 4, 2005 - Top of Page 10
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
Journal of the House – 1st
Day - Tuesday, January 4, 2005 - Top of Page 12
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