STATE OF MINNESOTA
SPECIAL SESSION - 2005
_____________________
ELEVENTH DAY
Saint Paul, Minnesota, Thursday, June 16, 2005
The House of Representatives convened at 11:00 a.m. and was
called to order by Ron Abrams, Speaker pro tempore.
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, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
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
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Anderson, B.; Blaine; Dorman; Finstad; Greiling; Hoppe; Mariani;
Opatz; Peterson, N.; Ruth; Smith and Thao were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Magnus moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Knoblach introduced:
H. F. No. 76, 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 Rules and Legislative Administration.
Hackbarth introduced:
H. F. No. 77, A bill for an act relating to natural resources;
proposing an amendment to the Minnesota Constitution, article XI, by adding a
section; dedicating the sales tax receipts equal to a percentage of the sales
tax on taxable sales for game and fish purposes; creating a heritage
enhancement fund; establishing a Heritage Enhancement Council; providing for
appointments; amending Minnesota Statutes 2004, section 297A.94; proposing
coding for new law in Minnesota Statutes, chapter 97A.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Tingelstad introduced:
H. F. No. 78, A bill for an act relating to natural resources;
establishing a Minnesota future resources fund; imposing a cigarette fee to
fund natural resources acceleration; amending Minnesota Statutes 2004, section
325D.32, subdivision 9; proposing coding for new law in Minnesota Statutes,
chapter 116P.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Erhardt introduced:
H. F. No. 79, A bill for an act relating to transportation;
adjusting distribution formula for county state-aid highway fund; expanding
authority to levy county wheelage tax; changing depreciation schedule and
maximum and minimum registration taxes for passenger automobiles; increasing
motor fuel taxes; allocating revenue from general sales tax and motor vehicle
sales tax; authorizing issuance of $1,000,000,000 in state trunk highway bonds;
modifying previously proposed amendment to the Minnesota Constitution by adding
sections to article XIV to dedicate motor vehicle sales tax revenues;
appropriating money; amending Minnesota Statutes 2004, sections 162.07, subdivision
1, by adding subdivisions; 163.051; 168.013, subdivision 1a; 296A.07,
subdivision 3; 296A.08, subdivision 2; 297A.94; 297B.09, subdivision 1; Laws
2005, chapter 88, article 3, section 9.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Kahn introduced:
H. F. No. 80, A bill for an act relating to state government;
providing a process for community ownership of the Minnesota Twins; proposing
coding for new law as Minnesota Statutes, chapter 4B.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Dean, Thao, Bradley, Slawik, Wilkin, Cybart and Johnson, J.,
introduced:
H. F. No. 81, A bill for an act relating to human services;
making changes to licensing provisions and background studies; changing
provisions for state-operated services in access to data, records retention,
sharing information, and assisting patients required to register as a predatory
offender in completing registration forms; adding a notification provision for
certain patients released on pass; adding a provision to abuse prevention
plans; making changes to family child care and child care center provisions;
amending Minnesota Statutes 2004, sections 13.46, subdivision 4; 243.166,
subdivision 7; 245A.02, subdivision 17; 245A.03, subdivisions 2, 3; 245A.035,
subdivision 5; 245A.04, subdivisions 7, 13; 245A.06, by adding a subdivision;
245A.07, subdivisions 1, 3, by adding a subdivision; 245A.08, subdivisions 2a,
5; 245A.14, by adding subdivisions; 245A.144; 245A.16, subdivisions 1, 4;
245A.18; 245B.02, subdivision 10; 245B.055, subdivision 7; 245B.07, subdivision
8; 245C.03, subdivision 1; 245C.07; 245C.08, subdivisions 1, 2; 245C.15,
subdivisions 1, 2, 3, 4; 245C.17, subdivision 2; 245C.21, subdivision 2;
245C.22, subdivisions 3, 4; 245C.24, subdivisions 2, 3; 245C.27, subdivision 1;
245C.28, subdivision 3; 245C.30, subdivision 2; 246.13; 253B.18, subdivision
4a; 260B.163, subdivision 6; 260C.163, subdivision 5; 299C.093; 518.165, by
adding subdivisions; 609A.03, subdivision 7; 626.556, subdivision 10i; 626.557,
subdivisions 9d, 14; proposing coding for new law in Minnesota Statutes,
chapter 245C; repealing Minnesota Statutes 2004, section 246.017, subdivision
1.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Poppe introduced:
H. F. No. 82, A bill for an act relating to child care
licensing; providing licensure as an employer care cooperative program; amending
Minnesota Statutes 2004, section 245A.14, subdivision 4.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Hansen; Hornstein; Wagenius; Atkins; Kelliher; Thissen; Larson;
Peterson, A., and Sieben introduced:
H. F. No. 83, A bill for an act relating to state government;
authorizing the legislative auditor to retain certain audit fees; amending
Minnesota Statutes 2004, sections 3.9741, subdivision 1; 37.06.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Davnie, Marquart and Greiling introduced:
H. F. No. 84, A bill for an act relating to education;
establishing expectations and rewarding educational excellence; appropriating
money.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Larson, Hornstein, Lenczewski, Thissen, Beard,
Wardlow, Hansen, Paymar and Krinkie introduced:
H. F. No. 85, A bill for an act relating to metropolitan
government; requiring that meetings conducted by the Metropolitan Airports
Commission not be held within an airport security screening perimeter; amending
Minnesota Statutes 2004, section 473.604, subdivision 5.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Urdahl, Davids and Hackbarth introduced:
H. F. No. 86, A bill for an act relating to natural resources;
authorizing the commissioner of natural resources to auction the naming rights
for certain trout streams.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Ozment introduced:
H. F. No. 87, A bill for an act relating to state park and
recreation area operations; appropriating money.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
MOTIONS AND RESOLUTIONS
Slawik moved that the names of Hansen and Johnson, S., be added
as authors on H. F. No. 34.
The motion prevailed.
Hansen moved that the name of Poppe be added as an author on
H. F. No. 40. The motion
prevailed.
Slawik moved that the names of Hansen and Johnson, S., be added
as authors on H. F. No. 61.
The motion prevailed.
Mahoney moved that the name of Fritz be added as an author on
H. F. No. 66. The motion
prevailed.
Krinkie moved that the name of Wardlow be added as an author on
H. F. No. 67. The motion
prevailed.
MOTION
TO FIX TIME TO CONVENE
Paulsen moved that when the House adjourns today it adjourn
until 2:00 p.m., Monday, June 20, 2005.
The motion prevailed.
MOTION TO SUSPEND RULES
Olson moved that the rules be so far suspended that House
Concurrent Resolution No. 5 be recalled from the Committee on Rules and Legislative
Administration and be placed upon its adoption.
A roll call was requested and properly seconded.
The question was taken on the Olson motion and the roll was
called.
There were 52 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abeler
Buesgens
Clark
Cox
Davnie
Demmer
Dittrich
Eastlund
Eken
Ellison
Erickson
Fritz
Goodwin
Hausman
Heidgerken
Hilty
Hornstein
Hortman
Hosch
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Koenen
Larson
Lenczewski
Liebling
Lillie
Loeffler
Marquart
Moe
Murphy
Olson
Otremba
Paymar
Pelowski
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Severson
Simon
Slawik
Soderstrom
Thissen
Tingelstad
Urdahl
Walker
Welti
Those who voted in the negative were:
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Carlson
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Dempsey
Dill
Dorn
Emmer
Entenza
Erhardt
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Hilstrom
Holberg
Howes
Huntley
Johnson, R.
Kelliher
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Latz
Lesch
Lieder
Magnus
Mahoney
McNamara
Meslow
Mullery
Nelson, M.
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Penas
Peppin
Peterson, A.
Powell
Samuelson
Seifert
Sertich
Sieben
Simpson
Solberg
Sykora
Vandeveer
Wagenius
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail.
ANNOUNCEMENT
BY SPEAKER PRO TEMPORE ABRAMS
"Points of Privilege" are a long-standing
right of House members.
It appears that some members have recently taken advantage and
have used this tactic to make statements that definitely are not
"Points of Privilege."
It is not within parliamentary bounds to create a debate
on a subject not before the body by raising a point of privilege.
Sections
220 and 221 of "Mason's Manual of Legislative Procedure" explain
there are two types of questions of privilege as follows:
1. Questions
relating to members of the body in their representative capacity. These are called "Points of Personal
Privilege" and should relate to charges against an individual member's
rights, conduct or character.
2. Questions
relating to the entire body. These
are called "Points of Privilege of the House" and should
relate to charges against the membership of the entire body.
For the remainder of this session I, as Speaker pro tempore,
will not permit political or other type speeches to be made under the guise of
being a "Point of Privilege."
If you are in doubt as to how I will rule you might want to
visit with me before you rise to a "Point of Privilege."
Your cooperation will be appreciated.
MOTIONS AND RESOLUTIONS, Continued
Marquart moved that H. F. No. 69 be recalled
from the Committee on Rules and Legislative Administration and be re-referred
to the Committee on Taxes.
A roll call was requested and properly seconded.
The question was taken on the Marquart motion and the roll was
called. There were 52 yeas and 70 nays
as follows:
Those who voted in the affirmative were:
Atkins
Bernardy
Clark
Davnie
Dean
Dill
Dittrich
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Liebling
Lieder
Loeffler
Mahoney
Marquart
Moe
Olson
Otremba
Paymar
Pelowski
Peterson, A.
Poppe
Rukavina
Ruud
Scalze
Sertich
Sieben
Simon
Solberg
Vandeveer
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, I.
Beard
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
DeLaForest
Demmer
Dempsey
Dorn
Eastlund
Emmer
Erickson
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Hilty
Holberg
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Lesch
Lillie
Magnus
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Penas
Peppin
Peterson, S.
Powell
Sailer
Samuelson
Seifert
Severson
Simpson
Slawik
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail.
ADJOURNMENT
Paulsen moved that the House adjourn. The motion prevailed, and Speaker pro tempore Abrams declared the
House stands adjourned until 2:00 p.m., Monday, June 20, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives