STATE OF MINNESOTA
Journal of the House
EIGHTY-FOURTH SESSION - 2005
_____________________
FIRST DAY
Saint Paul, Minnesota, Tuesday, January 4,
2005
Prior to the convening of session "The Star Spangled
Banner" and "America the Beautiful" were sung by the Land of
Lakes Choirboys from Elk River, Minnesota, under the direction of Francis
Stockwell.
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............................... Patrick
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 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
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 on 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 on 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