Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 427

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

SIXTEENTH DAY

 

Saint Paul, Minnesota, Wednesday, February 16, 2005

 

 

The House of Representatives convened at 11:45 a.m. and was called to order by Steve Sviggum, Speaker of the House.

 

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

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

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


 

A quorum was present.

 

Meslow was excused.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Ruud moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 428

REPORTS OF CHIEF CLERK

 

S. F. No. 171 and H. F. No. 286, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Hoppe moved that S. F. No. 171 be substituted for H. F. No. 286 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 392 and H. F. No. 368, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

Thissen moved that S. F. No. 392 be substituted for H. F. No. 368 and that the House File be indefinitely postponed. The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES

 

 

Olson from the Committee on Local Government to which was referred:

 

H. F. No. 209, A bill for an act relating to townships; clarifying levy and spending authority; defining total revenue; amending Minnesota Statutes 2004, sections 365.43, subdivision 1; 365.431.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

 

The report was adopted.

 

 

Krinkie from the Committee on Taxes to which was referred:

 

H. F. No. 248, A bill for an act relating to education finance; modifying a school district's percentage of students attending nonpublic school necessary to qualify for an exemption; creating a process to resolve a tuition obligation; converting referendum revenue authority for Common School District No. 815, Prinsburg; authorizing the school district to recertify its school levy for taxes payable in 2005; amending Minnesota Statutes 2004, section 123A.70.

 

Reported the same back with the following amendments:

 

Page 3, line 6, before "additional" insert "an"

 

Page 3, line 20, delete "in seeking the conversion of" and insert "converting"

 

Page 3, line 26, after "year" insert "of"

 

Page 3, after line 27, insert:

 

"[EFFECTIVE DATE.] This section is effective the day following final enactment and applies for taxes payable in 2005."

 

Page 4, line 1, after "3" insert ", subdivision 4"


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 429

Page 4, lines 4 and 5, delete "within five days of" and insert "in the following manner"

 

Page 4, line 6, before the first "the" insert "within five days after"

 

Page 4, line 8, after "3" insert ", subdivision 4"

 

Page 4, lines 9 and 13, before "receiving" insert "within five days after"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

The report was adopted.

 

 

Hackbarth from the Committee on Environment and Natural Resources to which was referred:

 

H. F. No. 371, A bill for an act relating to game and fish; modifying restrictions on firearms used in hunting; amending Minnesota Statutes 2004, section 97B.031, subdivision 1.

 

Reported the same back with the recommendation that the bill pass.

 

The report was adopted.

 

 

Tingelstad from the Committee on Governmental Operations and Veterans Affairs to which was referred:

 

H. F. No. 487, A bill for an act relating to state government; changing terminology for mentally retarded, mental retardation, physically handicapped, and similar terms.

 

Reported the same back with the following amendments:

 

Page 2, delete section 2 and insert:

 

"Sec. 2. [MINNESOTA RULES.]

 

The Governor's Council on Developmental Disabilities, in consultation with the Department of Administration, shall review Minnesota Rules and provide to the revisor of statutes a list of Minnesota Rules containing outdated language specified in section 1 and the appropriate terminology changes that must be made in each of the rules. The revisor of statutes shall make the indicated changes in Minnesota Rules.

 

Sec. 3. [STATE AGENCIES.]

 

State agencies shall use the terminology changes specified in section 1 when printed material and signage are replaced and new printed material and signage are obtained. State agencies do not have to replace existing printed material and signage to comply with sections 1 and 2."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health Policy and Finance.

 

The report was adopted.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 430

Hackbarth from the Committee on Environment and Natural Resources to which was referred:

 

H. F. No. 590, A bill for an act relating to natural resources; requiring lifejackets for children aboard watercraft; amending Minnesota Statutes 2004, section 86B.501, by adding a subdivision.

 

Reported the same back with the recommendation that the bill pass.

 

The report was adopted.

 

 

Olson from the Committee on Local Government to which was referred:

 

H. F. No. 647, A bill for an act relating to local government; adding an exception to the ban on public officers having an interest in a contract; amending Minnesota Statutes 2004, section 471.88, by adding a subdivision.

 

Reported the same back with the recommendation that the bill pass.

 

The report was adopted.

 

 

Bradley from the Committee on Health Policy and Finance to which was referred:

 

H. F. No. 675, A bill for an act relating to health; modifying the hospice care bill of rights; requiring hospice providers to complete a specified survey; modifying death report requirements for recipients of hospice care; amending Minnesota Statutes 2004, sections 144A.751, subdivision 1; 144A.755; 383B.225, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 2, line 8, after "the" insert "hospice"

 

Page 2, line 9, strike "are" and insert "may be"

 

Page 2, line 12, before the semicolon, insert "in which the individual is enrolled"

 

Page 2, line 27, after "medical assistance," insert "Medicare,"

 

Page 3, lines 9 and 10, strike "as specified in the employment contract"

 

Page 3, after line 35, insert:

 

"Sec. 2. Minnesota Statutes 2004, section 144A.751, subdivision 3, is amended to read:

 

Subd. 3. [DISCLOSURE.] A copy of these rights must be provided to an individual at the time hospice care is initiated. The copy shall contain the address and telephone number of the Office of Health Facility Complaints and the Office of the Ombudsman for Older Minnesotans and a brief statement describing how to file a complaint with these offices. Information about how to contact the Office of the Ombudsman for Older Minnesotans shall be included in notices of change in client provider fees and in notices where hospice providers initiate transfer or discontinuation of services."

 

Page 5, line 29, delete "2" and insert "3" and delete "2006" and insert "2007"


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 431

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 6, delete "subdivision 1" and insert "subdivisions 1, 3"

 

 

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

 

The report was adopted.

 

 

Hackbarth from the Committee on Environment and Natural Resources to which was referred:

 

H. F. No. 868, A bill for an act relating to Canis latrans; providing a coyote conflict management option; proposing coding for new law in Minnesota Statutes, chapter 348.

 

Reported the same back with the following amendments:

 

Page 1, line 8, delete "destruction" and insert "taking" and before the period, insert "by all legal methods"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 371, 590, 647, 675 and 868 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 171 and 392 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Davids, Blaine, Pelowski, Abeler, Clark and Urdahl introduced:

 

H. F. No. 1050, A bill for an act relating to agriculture; appropriating money for a grant to Second Harvest food banks for the purchase of milk.

 

The bill was read for the first time and referred to the Committee on Agriculture, Environment and Natural Resources Finance.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 432

Kelliher, Hornstein, Erhardt, Huntley, Entenza and Davnie introduced:

 

H. F. No. 1051, A bill for an act relating to health; establishing a right to reproductive privacy; proposing coding for new law as Minnesota Statutes, chapter 145D.

 

The bill was read for the first time and referred to the Committee on Health Policy and Finance.

 

 

Sieben, Thissen, Hornstein, Ellison and Abeler introduced:

 

H. F. No. 1052, A bill for an act relating to telecommunication; charges after cancellation; amending Minnesota Statutes 2004, section 237.74, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Regulated Industries.

 

 

Severson, Wardlow, Emmer, Opatz, Marquart and DeLaForest introduced:

 

H. F. No. 1053, A bill for an act relating to drivers' licenses; authorizing commissioner of public safety to waive road test for licensed military personnel; amending Minnesota Statutes 2004, section 171.13, subdivision 1a.

 

The bill was read for the first time and referred to the Committee on Transportation.

 

 

Knoblach; Klinzing; Erickson; Johnson, J.; Buesgens and Otremba introduced:

 

H. F. No. 1054, A bill for an act relating to education; authorizing an education tax credit for tuition expenses for certain school attendance; eliminating the family cap on the education tax credit; amending Minnesota Statutes 2004, section 290.0674, subdivisions 1, 2.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Lenczewski and Sviggum introduced:

 

H. F. No. 1055, A bill for an act relating to lobbyists; prohibiting former legislators, constitutional officers, agency heads, and certain legislative employees from lobbying for legislative or administrative action for one year after leaving office; proposing coding for new law in Minnesota Statutes, chapter 10A.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs.

 

 

Nornes introduced:

 

H. F. No. 1056, A bill for an act relating to human services; modifying child care assistance provider reimbursement rate categories; amending Minnesota Statutes 2004, section 119B.13, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 433

Thao introduced:

 

H. F. No. 1057, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and public improvements of a capital nature with conditions; appropriating money for Summit University Teen Center in St. Paul; authorizing the issuance of general obligation bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.

 

 

Nornes introduced:

 

H. F. No. 1058, A bill for an act relating to health; extending approval for a nursing facility moratorium exception proposal approved under the competitive exception process; amending Minnesota Statutes 2004, section 144A.073, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Health Policy and Finance.

 

 

Pelowski introduced:

 

H. F. No. 1059, A bill for an act relating to human services; allowing PACE programs to be covered under alternative integrated long-term care services; amending Minnesota Statutes 2004, section 256B.69, subdivision 23.

 

The bill was read for the first time and referred to the Committee on Health Policy and Finance.

 

 

Davnie; Johnson, R.; Heidgerken; Sykora and Greiling introduced:

 

H. F. No. 1060, A bill for an act relating to education policy; providing for resident participation in individual education plan development and tuition billing; amending Minnesota Statutes 2004, section 125A.05.

 

The bill was read for the first time and referred to the Committee on Education Policy and Reform.

 

 

Thissen introduced:

 

H. F. No. 1061, A bill for an act relating to courts; modifying personal jurisdiction over foreign corporations and nonresident individuals in certain matters; amending Minnesota Statutes 2004, section 543.19, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Civil Law and Elections.

 

 

Thissen and Larson introduced:

 

H. F. No. 1062, A bill for an act relating to economic development; creating the airport areas development fund; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 434

Thissen introduced:

 

H. F. No. 1063, A bill for an act relating to airports; expanding scope of airport zoning provisions to include control of uses incompatible with present and future airport use; amending Minnesota Statutes 2004, sections 360.061, by adding subdivisions; 360.064, subdivision 1; 360.065; 360.066, subdivisions 1, 1a; 360.074; proposing coding for new law in Minnesota Statutes, chapter 360.

 

The bill was read for the first time and referred to the Committee on Transportation.

 

 

Thissen and Larson introduced:

 

H. F. No. 1064, A bill for an act relating to Minneapolis-St. Paul International Airport; providing for the impact of expansion of the Minneapolis-St. Paul International Airport; authorizing airport mitigation planning and the establishment of airport impact zones in the cities of Bloomington, Burnsville, Eagan, Mendota Heights, Minneapolis, Richfield, and St. Paul; creating an airport impact mitigation fund in the state treasury; authorizing certain related activities by the Department of Employment and Economic Development; authorizing a metropolitan area credit enhancement program including a contingent metropolitan area property tax levy; appropriating money.

 

The bill was read for the first time and referred to the Committee on Local Government.

 

 

Davnie, Tingelstad, Eken, Ellison and Heidgerken introduced:

 

H. F. No. 1065, A bill for an act relating to elections; providing for fair and clean elections; increasing disclosure of campaign contributions to candidates; encouraging candidates to accept only clean money for their political campaigns; limiting campaign contributions and expenditures; increasing public subsidies for state candidates who agree to limit the sources and amounts of contributions to their campaigns; providing a throwback rule for the corporate franchise tax; appropriating money; amending Minnesota Statutes 2004, sections 10A.01, subdivision 1; 10A.02, subdivisions 8, 10, 11, 11a, 12, 13; 10A.025, subdivisions 1, 2; 10A.071, subdivision 3; 10A.34; 10A.37; 129D.13, by adding a subdivision; 129D.14, by adding a subdivision; 204B.11, subdivision 1; 211A.13; 211B.12; 211B.15, subdivision 16; 290.191, subdivision 5; 340A.404, subdivision 10; 353.03, subdivision 1; 383B.042, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 204B; 211B; proposing coding for new law as Minnesota Statutes, chapter 10B; repealing Minnesota Statutes 2004, sections 10A.01, subdivisions 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27, 28, 29, 30, 32, 34, 36; 10A.105; 10A.11; 10A.12; 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241; 10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 10A.323; 10A.324; 290.06, subdivision 23.

 

The bill was read for the first time and referred to the Committee on Civil Law and Elections.

 

 

Lenczewski introduced:

 

H. F. No. 1066, A bill for an act relating to property taxation; requiring municipalities to use fiscal disparities proceeds on expenditures which benefit the entire metropolitan area; amending Minnesota Statutes 2004, section 473F.01, subdivision 2; repealing Minnesota Statutes 2004, section 473F.01, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Taxes.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 435

Kohls, Sertich, Rukavina, Simpson and Krinkie introduced:

 

H. F. No. 1067, A bill for an act relating to unemployment insurance; modifying filing requirements for wage detail reports; amending Minnesota Statutes 2004, section 268.044, subdivisions 1, 1a, 2, 3.

 

The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.

 

 

Howes introduced:

 

H. F. No. 1068, A bill for an act relating to shoreland; Minnesota Common Interest Ownership Act; requiring county review and approval of subdivisions; amending Minnesota Statutes 2004, section 515B.2-112.

 

The bill was read for the first time and referred to the Committee on Civil Law and Elections.

 

 

Fritz introduced:

 

H. F. No. 1069, A bill for an act relating to capital improvements; appropriating money for a grant to the city of Ellendale for the predesign of capital improvements to sewer and water infrastructure; authorizing the sale and issuance of general obligation bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Opportunity Policy and Finance.

 

 

Holberg introduced:

 

H. F. No. 1070, A bill for an act relating to natural resources; modifying state park permit provisions; amending Minnesota Statutes 2004, section 85.053, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

 

 

Erickson introduced:

 

H. F. No. 1071, A bill for an act relating to education; ensuring that the sexually transmitted infections and diseases program include information on criminal sexual conduct; amending Minnesota Statutes 2004, section 121A.23, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Education Policy and Reform.

 

 

Mullery, Smith, Clark, Hausman and Gunther introduced:

 

H. F. No. 1072, A bill for an act relating to family law; providing for grandparent visitation rights on behalf of the child; expanding grandparent visitation rights; specifying procedures; requiring mediation; amending Minnesota Statutes 2004, section 257C.08, subdivision 1, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Civil Law and Elections.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 436

DeLaForest introduced:

 

H. F. No. 1073, A bill for an act relating to traffic regulations; providing for speed limit on city streets in rural residential districts; amending Minnesota Statutes 2004, section 169.14, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Transportation.

 

 

Cybart, McNamara, Powell, Hansen, Sieben and Wilkin introduced:

 

H. F. No. 1074, A bill for an act relating to government data; classifying certain licensing data as public; amending Minnesota Statutes 2004, section 13.46, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Civil Law and Elections.

 

 

Juhnke introduced:

 

H. F. No. 1075, A bill for an act relating to agriculture; establishing the Fertilizer Research Council; providing for a program of comprehensive research in soil fertility and fertilizer management; establishing a refundable fee on agricultural fertilizers; amending Minnesota Statutes 2004, section 18C.425, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development.

 

 

Kohls and Smith introduced:

 

H. F. No. 1076, A bill for an act relating to education; authorizing a lease levy for Independent School District No. 110, Waconia.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Kohls and Hoppe introduced:

 

H. F. No. 1077, A bill for an act relating to public safety; clarifying conditions under which peace officers and firefighters suffering disabling injuries continue to receive payments for health insurance; amending Minnesota Statutes 2004, section 299A.465, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs.

 

 

Kohls introduced:

 

H. F. No. 1078, A bill for an act relating to health; providing an exception to the moratorium on certification of nursing home beds; amending Minnesota Statutes 2004, section 144A.071, subdivision 4a.

 

The bill was read for the first time and referred to the Committee on Health Policy and Finance.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 437

Greiling, Murphy and Scalze introduced:

 

H. F. No. 1079, A bill for an act relating to education; making nonpublic schools subject to the pupil fair dismissal law and other requirements if families of students receiving educational services from the nonpublic school claim a tax credit for education-related expenses; amending Minnesota Statutes 2004, sections 123B.41, subdivision 1; 290.0674, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 123B.

 

The bill was read for the first time and referred to the Committee on Education Policy and Reform.

 

 

Eastlund; Soderstrom; Nelson, P., and Erickson introduced:

 

H. F. No. 1080, A bill for an act relating to taxation; providing that certain personal property of an electric generation facility is exempt from property taxation; amending Minnesota Statutes 2004, section 272.02, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Ozment introduced:

 

H. F. No. 1081, A bill for an act relating to natural resources; modifying commercial fishing restrictions in infested waters; providing for a water recreation account; modifying expiration of certain committees; modifying disposition of certain unrefunded tax receipts; modifying terms of certain reports; eliminating commissioner approval of county expenditures of county timber receipts; amending Minnesota Statutes 2004, sections 84D.03, subdivision 4; 97A.055, subdivision 4b; 97A.4742, subdivision 4; 282.08; 282.38, subdivision 1; 296A.18, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 86B.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

 

 

Simpson, Otremba, Huntley and Gazelka introduced:

 

H. F. No. 1082, A bill for an act relating to health; providing an exception to the nursing home moratorium; appropriating money; amending Minnesota Statutes 2004, section 144A.071, subdivision 4c.

 

The bill was read for the first time and referred to the Committee on Health Policy and Finance.

 

 

Buesgens introduced:

 

H. F. No. 1083, A bill for an act relating to liquor; providing that the on-sale license for Elko Speedway authorizes sales for all events on all days of the week; amending Laws 2003, chapter 126, section 28.

 

The bill was read for the first time and referred to the Committee on Regulated Industries.

 

 

Hansen, McNamara, Sieben, Wardlow and Holberg introduced:

 

H. F. No. 1084, A bill for an act relating to local government; permitting delegation of duties to board of adjustment; amending Minnesota Statutes 2004, section 18.83, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Local Government.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 438

Nornes introduced:

 

H. F. No. 1085, A bill for an act relating to higher education; Minnesota State Colleges and Universities; amending student board member selection; amending Minnesota Statutes 2004, section 136F.04, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Higher Education Finance.

 

 

Powell, Erhardt, Greiling, Ruud and Abeler introduced:

 

H. F. No. 1086, A bill for an act relating to education finance; authorizing school districts to replace state shortfalls in regular special education funding with local levy authority; authorizing a discretionary levy; amending Minnesota Statutes 2004, section 125A.76, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 126C.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

CONSENT CALENDAR

 

 

Paulsen moved that the Consent Calendar be continued. The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

Abeler moved that the name of Davids be added as an author on H. F. No. 127. The motion prevailed.

 

Johnson, S., moved that the name of Goodwin be added as an author on H. F. No. 299. The motion prevailed.

 

Powell moved that the name of Cybart be added as an author on H. F. No. 319. The motion prevailed.

 

Howes moved that the name of Clark be added as an author on H. F. No. 339. The motion prevailed.

 

Rukavina moved that the name of Loeffler be added as an author on H. F. No. 409. The motion prevailed.

 

Mariani moved that the name of Clark be added as an author on H. F. No. 481. The motion prevailed.

 

Opatz moved that the name of Welti be added as an author on H. F. No. 487. The motion prevailed.

 

Mahoney moved that the name of Kohls be added as an author on H. F. No. 510. The motion prevailed.

 

Demmer moved that the name of Ruud be added as an author on H. F. No. 550. The motion prevailed.

 

Hornstein moved that the name of Lillie be added as an author on H. F. No. 558. The motion prevailed.

 

Atkins moved that the name of Finstad be added as an author on H. F. No. 561. The motion prevailed.

 

Lesch moved that his name be stricken as an author on H. F. No. 562. The motion prevailed.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 439

Cox moved that the name of McNamara be added as an author on H. F. No. 566. The motion prevailed.

 

Kelliher moved that the name of Samuelson be added as an author on H. F. No. 629. The motion prevailed.

 

Gazelka moved that the name of Atkins be added as an author on H. F. No. 667. The motion prevailed.

 

Gunther moved that the name of Kohls be added as an author on H. F. No. 689. The motion prevailed.

 

Clark moved that the name of Hansen be added as an author on H. F. No. 712. The motion prevailed.

 

Urdahl moved that the names of Dill and Kahn be added as authors on H. F. No. 724. The motion prevailed.

 

Samuelson moved that the name of Lillie be added as an author on H. F. No. 744. The motion prevailed.

 

Mahoney moved that the name of Moe be added as an author on H. F. No. 758. The motion prevailed.

 

Urdahl moved that the name of Abeler be added as an author on H. F. No. 795. The motion prevailed.

 

Westerberg moved that the name of Abeler be added as an author on H. F. No. 798. The motion prevailed.

 

Smith moved that the name of Abeler be added as an author on H. F. No. 808. The motion prevailed.

 

Peppin moved that the name of Abeler be added as an author on H. F. No. 829. The motion prevailed.

 

Dittrich moved that the name of Abeler be added as an author on H. F. No. 834. The motion prevailed.

 

Zellers moved that the name of Abeler be added as an author on H. F. No. 849. The motion prevailed.

 

Holberg moved that the name of Abeler be added as an author on H. F. No. 859. The motion prevailed.

 

Abrams moved that the name of Abeler be added as an author on H. F. No. 864. The motion prevailed.

 

Sykora moved that the name of Paulsen be added as an author on H. F. No. 872. The motion prevailed.

 

Erickson moved that the name of Samuelson be added as an author on H. F. No. 878. The motion prevailed.

 

Urdahl moved that the name of Nelson, P., be added as an author on H. F. No. 881. The motion prevailed.

 

Vandeveer moved that the name of Charron be added as an author on H. F. No. 887. The motion prevailed.

 

Vandeveer moved that the name of Abeler be added as an author on H. F. No. 888. The motion prevailed.

 

Vandeveer moved that the name of Abeler be added as an author on H. F. No. 890. The motion prevailed.

 

Klinzing moved that the name of Abeler be added as an author on H. F. No. 909. The motion prevailed.

 

Ellison moved that the name of Abeler be added as an author on H. F. No. 911. The motion prevailed.

 

Soderstrom moved that the name of Lillie be added as an author on H. F. No. 928. The motion prevailed.

 

Lanning moved that the name of Abeler be added as an author on H. F. No. 943. The motion prevailed.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 440

Klinzing moved that the name of Tingelstad be added as an author on H. F. No. 947. The motion prevailed.

 

Clark moved that the name of Charron be added as an author on H. F. No. 949. The motion prevailed.

 

Westerberg moved that the name of Abeler be added as an author on H. F. No. 950. The motion prevailed.

 

Klinzing moved that the name of Abeler be added as an author on H. F. No. 957. The motion prevailed.

 

Smith moved that the names of Tingelstad, Ruud and Clark be added as authors on H. F. No. 963. The motion prevailed.

 

Slawik moved that the name of Abeler be added as an author on H. F. No. 976. The motion prevailed.

 

Abeler moved that the name of Loeffler be added as an author on H. F. No. 979. The motion prevailed.

 

Wilkin moved that the names of Loeffler, Cybart, Charron, Holberg, Ruud, Westerberg, Wardlow, Lillie, Ruth, Latz and Brod be added as authors on H. F. No. 980. The motion prevailed.

 

Cox moved that the names of McNamara, Loeffler and Kahn be added as authors on H. F. No. 981. The motion prevailed.

 

Sieben moved that the names of Kahn and Ruud be added as authors on H. F. No. 987. The motion prevailed.

 

Heidgerken moved that the names of Ruth and Welti be added as authors on H. F. No. 991. The motion prevailed.

 

Gazelka moved that the name of Dill be added as an author on H. F. No. 1002. The motion prevailed.

 

Paymar moved that the name of Clark be added as an author on H. F. No. 1017. The motion prevailed.

 

Kelliher moved that the name of Kahn be added as an author on H. F. No. 1022. The motion prevailed.

 

Zellers moved that the names of Dittrich, Ruud and Latz be added as authors on H. F. No. 1031. The motion prevailed.

 

 

MOTION TO FIX TIME TO CONVENE

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 17, 2005. The motion prevailed.

 

 

Paulsen moved that the House recess subject to the call of the Chair to meet with the Senate in Joint Convention to elect members of the Board of Regents of the University of Minnesota. The motion prevailed.

 

RECESS

 

RECONVENED

 

The House reconvened and was called to order by the Speaker.


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 441

The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

 

 

JOINT CONVENTION

 

The Speaker of the House, as President of the Joint Convention, called the Joint Convention to order.

 

 

Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

 

 

The roll being called, the following Senators answered to their names: Anderson, Bachmann and Bakk.

 

 

Senator Johnson, D. E., moved that further proceedings of the roll call be suspended. The motion prevailed and a quorum was declared present.

 

 

REPORT FROM THE HOUSE AND

SENATE COMMITTEES ON EDUCATION

 

February 14, 2005

 

To the Honorable Steve Sviggum, Speaker of the House of Representatives, as President of the Joint Convention of the Senate and House of Representatives meeting to elect four Regents to the University of Minnesota.

 

The House and Senate Committees on Education make the following report:

 

We have selected the following named persons as a slate of nominees for Regents of the University of Minnesota, to hold office for the term specified for each, to begin upon election by the Joint Convention:

 

Dallas Bohnsack, Second Congressional District, Six Years

David Larson, Third Congressional District, Six Years

Anthony Baraga, Eighth Congressional District, Six Years

Steven Hunter, At-Large, Six Years

 

We hereby submit the recommendations and the terms of said persons in nomination for the offices and the terms hereby designated.

 

Respectfully submitted,

 

Senator Steve Kelley, Chair

Senate Education Committee

Co-Chair of the Joint Committee

 

Rep. Mark Buesgens, Chair

House Education Policy and Reform Committee

Co-Chair of the Joint Committee


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 442

Representative Buesgens and Senator Kelley moved that the Report of the Joint Committee be adopted.

 

 

The motion prevailed and the report was adopted.

 

 

SUSPENSION OF JOINT RULE

 

Senator Kelley moved that Joint Rule 4.02, paragraph 2, be suspended and that the roll call on the election of the three Congressional District seats and the one At-Large seat be called on one ballot. The motion prevailed.

 

 

ELECTION OF BOARD OF REGENTS

OF THE UNIVERSITY OF MINNESOTA

 

 

CONGRESSIONAL DISTRICT REGENTS AND AT-LARGE REGENT

 

Pursuant to the Joint Rules of the Senate and House of Representatives the Joint Convention proceeded to elect Regents from the three Congressional Districts and the At-Large member.

 

 

Dallas Bohnsack was nominated by the Joint Committee for the Second Congressional District Regent for a term of six years.

 

David Larson was nominated by the Joint Committee for the Third Congressional District Regent for a term of six years.

 

Anthony Baraga was nominated by the Joint Committee for the Eighth Congressional District Regent for a term of six years.

 

Steven Hunter was nominated by the Joint Committee for the At-Large Regent for a term of six years.

 

 

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

 

 

The Secretary called the roll.

 

 

SECOND CONGRESSIONAL DISTRICT REGENT

 

197 members voted for Dallas Bohnsack, Second Congressional District Regent, for a six year term as follows:

 

 

SENATE ROLL CALL

 


Anderson

Bachmann

Bakk

Belanger

Berglin

Betzold

Chaudhary

Cohen

Dibble

Dille

Fischbach

Foley

Frederickson

Gaither

Gerlach

Hann

Higgins

Hottinger

Johnson, D. E.

Johnson, D. J.

Jungbauer

Kelley

Kierlin

Kiscaden

Kleis

Koering

Kubly

Langseth

LeClair

Limmer

Lourey

Marko

Marty

McGinn

Metzen

Michel

Moua

Murphy

Neuville

Nienow

Olson

Ortman


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 443

Ourada

Pappas

Pariseau

Pogemiller

Ranum

Reiter

Rest

Robling

Rosen

Ruud

Sams

Saxhaug

Scheid

Senjem

Skoe

Skoglund

Solon

Sparks

Stumpf

Tomassoni

Vickerman

Wergin

Wiger


 

 

HOUSE OF REPRESENTATIVES ROLL CALL

 


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

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

Pres. Sviggum


 

 

Representative Anderson, I., voted for Bruce Endler, Second Congressional District Regent, for a six year term.

 

 

Dallas Bohnsack, having received a majority of the votes cast, was declared elected Second Congressional District Regent, for a term of six years.

 

 

THIRD CONGRESSIONAL DISTRICT REGENT

 

197 members voted for David Larson, Third Congressional District Regent, for a six year term as follows:

 

 

SENATE ROLL CALL

 


Anderson

Bachmann

Bakk

Belanger

Berglin

Betzold

Chaudhary

Cohen

Dibble

Dille

Fischbach

Foley

Frederickson

Gaither

Gerlach

Hann

Higgins

Hottinger

Johnson, D. E.

Johnson, D. J.

Jungbauer

Kelley

Kierlin

Kiscaden

Kleis

Koering

Kubly

Langseth

LeClair

Limmer

Lourey

Marko

Marty

McGinn

Metzen

Michel

Moua

Murphy

Neuville

Nienow

Olson

Ortman

Ourada

Pappas

Pariseau

Pogemiller

Ranum

Reiter

Rest

Robling

Rosen

Ruud

Sams

Saxhaug

Scheid

Senjem

Skoe

Skoglund

Solon

Sparks

Stumpf

Tomassoni

Vickerman

Wergin

Wiger


 


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 444

HOUSE OF REPRESENTATIVES ROLL CALL

 


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

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

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

Pres. Sviggum


 

 

Representative Kahn voted for Kate Rubin, Third Congressional District Regent, for a six year term.

 

 

David Larson, having received a majority of the votes cast, was declared elected Third Congressional District Regent, for a term of six years.

 

 

EIGHTH CONGRESSIONAL DISTRICT REGENT

 

198 members voted for Anthony Baraga, Eighth Congressional District Regent, for a six year term as follows:

 

 

SENATE ROLL CALL

 


Anderson

Bachmann

Bakk

Belanger

Berglin

Betzold

Chaudhary

Cohen

Dibble

Dille

Fischbach

Foley

Frederickson

Gaither

Gerlach

Hann

Higgins

Hottinger

Johnson, D. E.

Johnson, D. J.

Jungbauer

Kelley

Kierlin

Kiscaden

Kleis

Koering

Kubly

Langseth

LeClair

Limmer

Lourey

Marko

Marty

McGinn

Metzen

Michel

Moua

Murphy

Neuville

Nienow

Olson

Ortman

Ourada

Pappas

Pariseau

Pogemiller

Ranum

Reiter

Rest

Robling

Rosen

Ruud

Sams

Saxhaug

Scheid

Senjem

Skoe

Skoglund

Solon

Sparks

Stumpf

Tomassoni

Vickerman

Wergin

Wiger


 

 

HOUSE OF REPRESENTATIVES ROLL CALL

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 445

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

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

Pres. Sviggum


 

 

Anthony Baraga, having received a majority of the votes cast, was declared elected Eighth Congressional District Regent, for a term of six years.

 

 

AT-LARGE REGENT

 

197 members voted for Steven Hunter, At-Large Regent, for a six year term as follows:

 

 

SENATE ROLL CALL

 


Anderson

Bachmann

Bakk

Belanger

Berglin

Betzold

Chaudhary

Cohen

Dibble

Dille

Fischbach

Foley

Frederickson

Gaither

Gerlach

Hann

Higgins

Hottinger

Johnson, D. E.

Johnson, D. J.

Jungbauer

Kelley

Kierlin

Kiscaden

Kleis

Koering

Kubly

Langseth

LeClair

Limmer

Lourey

Marko

Marty

McGinn

Metzen

Michel

Moua

Murphy

Neuville

Nienow

Olson

Ortman

Ourada

Pappas

Pariseau

Pogemiller

Ranum

Reiter

Rest

Robling

Rosen

Ruud

Sams

Saxhaug

Scheid

Senjem

Skoe

Skoglund

Solon

Sparks

Stumpf

Tomassoni

Vickerman

Wergin

Wiger


 

 

HOUSE OF REPRESENTATIVES ROLL CALL

 


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


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 446

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

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

Pres. Sviggum


 

 

Representative Kahn voted for Peggy Leppik, At-Large Regent, for a six year term.

 

 

Steven Hunter, having received a majority of the votes cast, was declared elected At-Large Regent, for a term of six years.

 

 

DECLARATION OF ELECTION

 

Dallas Bohnsack, Second Congressional District Regent, Six Years; David Larson, Third Congressional District Regent, Six Years; Anthony Baraga, Eighth Congressional District Regent, Six Years; Steven Hunter, At-Large Regent, Six Years; each having received a majority of the votes cast at the Joint Convention were declared by the President of the Joint Convention to be elected to the Board of Regents of the University of Minnesota.

 

 

Senator Johnson, D. E., moved that the Joint Convention arise. The motion prevailed and the President declared the Joint Convention adjourned.

 

 

RECONVENED

 

The House reconvened and was called to order by the Speaker.

 

 

CERTIFICATION

 

February 16, 2005

To the Governor

State of Minnesota

 

To the Senate

State of Minnesota

 

To the House of Representatives

State of Minnesota

 

This is to certify that the House of Representatives and the Senate in Joint Convention on Wednesday, February 16, 2005, have elected as members of the Board of Regents of the University of Minnesota the following members each to hold office for the term specified for each to begin upon election by the Joint Convention:


Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 447

Dallas Bohnsack, Second Congressional District, Six Years

David Larson, Third Congressional District, Six Years

Anthony Baraga, Eighth Congressional District, Six Years

Steven Hunter, At-Large, Six Years

 

James P. Metzen

President of the Senate

 

Steve Sviggum

Speaker of the House of Representatives

 

 

ADJOURNMENT

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, February 17, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



Journal of the House - 16th Day - Wednesday, February 16, 2005 - Top of Page 448