Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 77

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

FIFTH DAY

 

Saint Paul, Minnesota, Thursday, January 13, 2005

 

 

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by the Reverend Dr. Norman Broadbent, Falcon Heights United Church of Christ.

 

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.

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

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

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

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


 

A quorum was present.

 

Atkins, Buesgens, Charron, Huntley and Klinzing were excused.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Peppin 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 - 5th Day - Thursday, January 13, 2005 - Top of Page 78

REPORTS OF STANDING COMMITTEES

 

 

Krinkie from the Committee on Taxes to which was referred:

 

H. F. No. 166, A bill for an act relating to taxation; accelerating the income tax charitable contribution deduction for relief of Indian Ocean tsunami victims; amending Minnesota Statutes 2004, section 290.01, subdivision 19.

 

Reported the same back with the following amendments:

 

Page 5, line 4, delete "2005, H.R. 241" and insert "January 7, 2005, Public Law 109-1"

 

Page 5, line 7, after "purposes" insert "and apply to the subtraction under subdivision 19b, clause (7)"

 

 

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.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Poppe and Dorman introduced:

 

H. F. No. 206, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing sale of state bonds; appropriating money.

 

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

 

 

Hamilton, Charron, Wardlow, Dean, McNamara, Klinzing, Dempsey, Cox, Eastlund, Urdahl and Davids introduced:

 

H. F. No. 207, A bill for an act relating to public safety; providing a life penalty without the possibility of release for certain first degree criminal sexual conduct crimes; creating indeterminate sentences and mandatory life sentences for certain first through fourth degree criminal sexual conduct crimes; creating a new criminal sexual predatory conduct crime; establishing the Minnesota Sex Offender Review Board; providing procedures for operation of the review board; specifying when an offender may petition for conditional release; directing the Sentencing Guidelines Commission to designate presumptive sentences for certain offenses; requiring the commissioner of corrections to establish criteria and procedures for reviewing offenders' petitions for release; allowing the Minnesota Sex Offender Review Board and the commissioner of corrections to proceed with expedited rulemaking; exempting the review board from contested case proceedings; granting the review board access to certain data; specifying that the Open Meeting Law does not apply to meetings and hearings of the Minnesota Sex Offender Review Board; instructing the revisor to recodify and renumber statutes; making various technical and


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 79

conforming changes; amending Minnesota Statutes 2004, sections 13.851, by adding a subdivision; 13D.01, subdivision 2; 241.67, subdivision 3; 243.166, subdivision 1; 244.05, subdivisions 1, 3, 4, 5, 6, 7; 244.052, subdivision 3; 244.195, subdivision 1; 253B.185, subdivision 2, by adding a subdivision; 401.01, subdivision 2; 609.117, subdivisions 1, 2; 609.1351; 609.341, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3452, subdivision 4; 609.347; 609.3471; 609.348; 609.353; 631.045; proposing coding for new law in Minnesota Statutes, chapters 244; 609; repealing Minnesota Statutes 2004, sections 609.108; 609.109.

 

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

 

 

Gunther introduced:

 

H. F. No. 208, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for a new fire and police station in the city of Blue Earth.

 

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

 

 

Blaine, Gazelka, Lanning, Brod, Marquart and Rukavina introduced:

 

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.

 

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

 

 

Blaine, Gazelka, Lieder, Lanning, Rukavina and Marquart introduced:

 

H. F. No. 210, A bill for an act relating to local government; providing reimbursement to fire departments for expenses incurred in extinguishing certain motor vehicle fires; providing cities and towns authority to collect unpaid bills for certain emergency services from nonresidents; appropriating money; amending Minnesota Statutes 2004, sections 161.465; 366.011; 366.012.

 

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

 

 

Lieder introduced:

 

H. F. No. 211, A bill for an act relating to lawful gambling; reducing the tax rate on lawful gambling; eliminating the time restriction for single occasion bingo sessions; amending Minnesota Statutes 2004, sections 297E.02, subdivisions 1, 4, 6; 349.17, subdivision 7.

 

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

 

 

Dorman introduced:

 

H. F. No. 212, A bill for an act relating to drivers' licenses; reallocating fees to motorcycle safety fund and removing funding cap; amending Minnesota Statutes 2004, section 171.06, subdivision 2a.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 80

Erickson, Demmer, Sykora, Dorman and Solberg introduced:

 

H. F. No. 213, A bill for an act relating to capital improvements; appropriating money for library accessibility and improvement grants; authorizing the sale of state bonds; amending Minnesota Statutes 2004, section 134.45.

 

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

 

 

Lanning; Penas; Heidgerken; Urdahl; Marquart; Westerberg; Davids; Demmer; Magnus; Westrom; Brod; Gunther; Hamilton; Newman; Erickson; Dorman; Simpson; Gazelka; Nelson, P., and Samuelson introduced:

 

H. F. No. 214, A bill for an act relating to human services; changing the effective date for provisions allowing the continuation of a recipient's life estate or joint tenancy interests for purposes of medical assistance recoveries; requiring the commissioner of human services to refund money recovered; amending Minnesota Statutes 2004, sections 256B.15, subdivision 1; 514.981, subdivision 6.

 

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

 

 

Cornish, Hackbarth, Ozment and Atkins introduced:

 

H. F. No. 215, A bill for an act relating to natural resources; modifying safety training provisions; providing for certain background checks; amending Minnesota Statutes 2004, sections 84.027, by adding a subdivision; 84.9256, subdivision 1; 97B.015, subdivisions 1, 2, 5; 97B.020; 349.12, subdivision 25.

 

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

 

 

Davids and Otremba introduced:

 

H. F. No. 216, A bill for an act relating to agriculture; requiring certain fuels to contain certain levels of ethanol; setting a goal and requiring promotion activities; amending Minnesota Statutes 2004, section 239.791, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 239; repealing Minnesota Statutes 2004, section 239.791, subdivision 1.

 

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

 

 

Kohls; Johnson, J.; Opatz; Emmer; Thissen; Severson; DeLaForest; Hoppe and Holberg introduced:

 

H. F. No. 217, A bill for an act relating to civil actions; eliminating the prohibition on admissibility of certain evidence regarding seat belts and child passenger restraint systems in civil actions; repealing Minnesota Statutes 2004, section 169.685, subdivision 4.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 81

Cornish, Smith and Gunther introduced:

 

H. F. No. 218, A bill for an act relating to energy; extending eligibility to receive the renewable energy production incentive under certain circumstances; amending Minnesota Statutes 2004, section 216C.41, subdivision 7.

 

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

 

 

Thissen introduced:

 

H. F. No. 219, A bill for an act relating to human services; increasing the medical assistance spenddown standard for persons who are aged, blind, or disabled; amending Minnesota Statutes 2004, section 256B.056, subdivision 5c.

 

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

 

 

Thissen introduced:

 

H. F. No. 220, A bill for an act relating to commerce; abolishing the time-price doctrine; requiring compliance with truth-in-lending laws for business lending; amending Minnesota Statutes 2004, sections 47.59, subdivisions 12, 13; 334.01, by adding a subdivision.

 

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

 

 

Davids introduced:

 

H. F. No. 221, A bill for an act relating to civil actions; regulating liability on land used for recreational purposes; modifying the definition of recreational purpose; amending Minnesota Statutes 2004, section 604A.21, subdivision 5.

 

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

 

 

Johnson, S.; Dill; Dean; McNamara and Solberg introduced:

 

H. F. No. 222, A bill for an act relating to forest protection; establishing a program of grants administered by the commissioner of agriculture to municipalities for monitoring, detection, and control or extermination of forest pests; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 18G.

 

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

 

 

Davids, Otremba and Cox introduced:

 

H. F. No. 223, A bill for an act relating to agriculture; increasing minimum ethanol content required for gasoline sold in the state; amending Minnesota Statutes 2004, sections 239.761, subdivision 4; 239.791, subdivision 1; 296A.01, subdivisions 2, 25.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 82

Otremba introduced:

 

H. F. No. 224, A bill for an act relating to agriculture; increasing minimum ethanol content required for gasoline sold in the state; amending Minnesota Statutes 2004, sections 239.761, subdivision 4; 239.791, subdivision 1; 296A.01, subdivisions 2, 25.

 

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

 

 

Holberg; Johnson, J.; Slawik and Ellison introduced:

 

H. F. No. 225, A bill for an act relating to government data practices; making technical, conforming, and clarifying changes to the Minnesota Government Data Practices Act; amending Minnesota Statutes 2004, sections 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4; 13.073, subdivision 3; 13.08, subdivisions 1, 2, 5; 13.32, by adding a subdivision; 13.82, subdivision 16; repealing Minnesota Statutes 2004, section 13.04, subdivision 5.

 

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

 

 

Smith; Sviggum; Murphy; DeLaForest; Pelowski; Blaine; Koenen; Otremba; Urdahl; Wilkin; Seifert; Simpson; Bradley; Marquart; Klinzing; Ruth; Finstad; Hoppe; Heidgerken; Dempsey; Westrom; Lanning; Johnson, J.; Powell; Nornes; Paulsen; Samuelson; Soderstrom; Holberg; Dill; Anderson, B.; Penas; Davids; Gazelka and Severson introduced:

 

H. F. No. 226, A bill for an act relating to health; requiring reporting on notification that is required before an abortion is performed on a minor or certain other women; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Blaine; Sviggum; Otremba; Holberg; Klinzing; Wardlow; Koenen; Soderstrom; Brod; Peppin; Garofalo; Seifert; Bradley; Cornish; Marquart; Beard; Smith; Juhnke; Pelowski; Finstad; Eastlund; Ozment; Heidgerken; DeLaForest; Emmer; Nelson, P.; Howes; Vandeveer; Penas; Hosch; Hamilton; Abeler; Zellers; Fritz and Cybart introduced:

 

H. F. No. 227, A bill for an act relating to health; limiting use of family planning grant funds; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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

 

 

Paymar, Hausman, Hornstein, Scalze and Entenza introduced:

 

H. F. No. 228, A bill for an act relating to local government; limiting the prohibition of amortization in certain cases; amending Minnesota Statutes 2004, section 462.357, subdivision 1c.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 83

Newman, Moe, Powell, Emmer, Soderstrom, Brod, Lenczewski, Ruud, Dittrich, Goodwin, Scalze, Blaine, Marquart and Kohls introduced:

 

H. F. No. 229, A bill for an act relating to taxation; individual income; providing an income tax checkoff to fund grants to members of the National Guard and reserves who have incurred financial need as the result of being ordered to federal active service since 9/11; authorizing administration by the adjutant general; appropriating money; amending Minnesota Statutes 2004, section 190.09, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Johnson, S.; Paymar; Hausman; Sieben and Hansen introduced:

 

H. F. No. 230, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for land acquisition along the metropolitan Mississippi River.

 

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

 

 

Dill, Hackbarth, Dorman, Ozment and Rukavina introduced:

 

H. F. No. 231, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for a quick-response fire suppression aircraft.

 

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

 

 

Bernardy; Carlson; Greiling; Davnie; Dorn; Johnson, R.; Heidgerken; Urdahl and Wardlow introduced:

 

H. F. No. 232, A bill for an act relating to education finance; increasing the basic formula allowance; restoring funding for special education programs; restoring funding for LEP programs; restoring funding for early education programs; restoring funding for after-school programs; restoring funding for adult basic education programs; restoring certain levy authority; appropriating money; amending Minnesota Statutes 2004, sections 124D.11, subdivision 4; 124D.135, subdivision 1; 124D.20, subdivision 3; 124D.531, subdivisions 1, 2, 4; 124D.59, subdivision 2; 125A.76, subdivisions 1, 4; 125A.79, subdivisions 1, 6; 126C.05, subdivisions 8, 15; 126C.10, subdivisions 2, 2a, 3; 126C.40, subdivision 1; 126C.43, subdivisions 2, 3; 126C.44; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

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

 

 

Thissen introduced:

 

H. F. No. 233, A bill for an act relating to the state lottery; providing for lottery games to support local parks; amending Minnesota Statutes 2004, sections 349A.04; 349A.10, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 349A.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 84

Anderson, B.; Emmer and Nornes introduced:

 

H. F. No. 234, A bill for an act relating to education finance; expanding the use of the building lease levy; amending Minnesota Statutes 2004, section 126C.40, subdivision 1.

 

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

 

 

Otremba; Sviggum; Koenen; Holberg; Seifert; Ozment; Wardlow; Abeler; Zellers; Urdahl; Wilkin; Magnus; Davids; Cornish; Marquart; Beard; Hoppe; DeLaForest; Hackbarth; Nornes; Soderstrom; Nelson, P.; Erickson; Sykora; Penas; Peterson, N.; Murphy; Pelowski; Anderson, B.; Gunther; Powell; Hosch; Fritz; Juhnke and Meslow introduced:

 

H. F. No. 235, A bill for an act relating to health; providing for unborn child pain prevention; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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

 

 

Davids introduced:

 

H. F. No. 236, A bill for an act relating to liquor; authorizing the city of Caledonia to issue an on-sale intoxicating liquor license for events at the Four Seasons Center.

 

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

 

 

Juhnke introduced:

 

H. F. No. 237, A bill for an act relating to elections; providing that a state general election on questions may be held in the odd-numbered year; amending Minnesota Statutes 2004, sections 200.02, subdivision 2; 204D.03, subdivision 2.

 

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

 

 

Rukavina, Kelliher, Jaros, Smith and Howes introduced:

 

H. F. No. 238, A bill for an act relating to commerce; regulating sales of American flags and related items; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Kelliher; Abrams; Juhnke; Gunther; Dorman; Davids; Kahn; Hausman; Sertich; Solberg; Tingelstad; Ellison; Mahoney; Davnie; Hornstein; Erhardt; Nelson, M.; Simon; Mullery; Clark; Walker; Wagenius; Loeffler; Abeler; Zellers; Westerberg; Sykora; Slawik; Thissen; Jaros and Murphy introduced:

 

H. F. No. 239, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Minnesota Planetarium and Space Discovery Center.

 

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 - 5th Day - Thursday, January 13, 2005 - Top of Page 85

Rukavina and Sertich introduced:

 

H. F. No. 240, A bill for an act relating to retirement; providing that certain laws do not apply to the consolidation of specified volunteer firefighter relief associations.

 

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

 

 

Vandeveer, Powell, Smith, Paulsen, Mullery, Klinzing, Abrams, McNamara, Krinkie, Olson, DeLaForest, Lenczewski, Brod, Abeler, Dean, Bradley and Otremba introduced:

 

H. F. No. 241, A bill for an act relating to public employment; providing that a public employer or a contractor with a public employer may not forbid an employee from wearing an American flag patch or pin; proposing coding for new law in Minnesota Statutes, chapter 15.

 

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

 

 

Anderson, I., and Solberg introduced:

 

H. F. No. 242, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for house of representatives office building.

 

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

 

 

Simon; Moe; Garofalo; Scalze; Erhardt; Cybart; Hamilton; Welti; Nelson, M., and Murphy introduced:

 

H. F. No. 243, A bill for an act relating to crimes; prohibiting using a false pretense in an e-mail to obtain the identity of another; imposing penalties; amending Minnesota Statutes 2004, section 609.527, subdivisions 1, 6, by adding a subdivision.

 

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

 

 

Murphy, Huntley and Jaros introduced:

 

H. F. No. 244, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for an academic and services addition at Lake Superior College.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 86

Peppin; Sviggum; Otremba; Soderstrom; Knoblach; Severson; Erickson; Anderson, B.; Blaine; Koenen; Urdahl; Brod; Kohls; Simpson; Bradley; Cornish; Marquart; Beard; Klinzing; Paulsen; Pelowski; Finstad; Buesgens; Gazelka; Eastlund; Heidgerken; DeLaForest; Dempsey; Westrom; Garofalo; Penas; Howes; Hamilton; Tingelstad and Emmer introduced:

 

H. F. No. 245, A bill for an act proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; establishing the same standard for the Minnesota Constitution and the United States Constitution for issues relating to abortion.

 

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

 

 

Tingelstad; Hortman; Sviggum; Entenza; Hackbarth; Dittrich; Abeler; Bernardy; Westerberg; Goodwin; Knoblach; Kelliher; Severson; Hausman; Erhardt; Opatz; Blaine; Kahn; Dorman; Sieben; McNamara; Nelson, M.; Abrams; Lieder; Demmer; Hornstein; Sykora; Solberg; Beard; Ellison; Peterson, N.; Otremba; Gunther; Carlson and Cox introduced:

 

H. F. No. 246, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Northstar Rail Corridor.

 

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

 

 

Johnson, J.; Greiling; Paulsen; Smith; Sykora; Erhardt; Abrams and Ruud introduced:

 

H. F. No. 247, A bill for an act relating to education finance; eliminating the referendum allowance limit; repealing Minnesota Statutes 2004, section 126C.17, subdivisions 2, 3.

 

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

 

 

Juhnke and Koenen introduced:

 

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.

 

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

 

 

Westrom, Cornish, Dempsey, Wardlow and Magnus introduced:

 

H. F. No. 249, A bill for an act relating to taxation; property; extending the special agricultural homestead to include grandsons and granddaughters; amending Minnesota Statutes 2004, section 273.124, subdivision 14.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 87

Lanning; Zellers; Magnus; Johnson, R.; Marquart; Demmer and Simpson introduced:

 

H. F. No. 250, A bill for an act relating to public safety; requiring the commissioner of corrections to convene an end-of-confinement review committee to assess the risk level of certain offenders coming to Minnesota from another state; clarifying current law requiring assessment of offenders released from federal facilities; allowing community notification pursuant to a risk level assigned in another state; requiring the Bureau of Criminal Apprehension to forward registration and notification information on certain offenders to the Department of Corrections; amending Minnesota Statutes 2004, sections 243.166, subdivision 9; 244.052, subdivision 3, by adding a subdivision.

 

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

 

 

Lieder introduced:

 

H. F. No. 251, A bill for an act relating to education finance; expanding health and safety revenue to cover the costs of replacing certain school buses; amending Minnesota Statutes 2004, section 123B.57, subdivisions 1, 2.

 

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

 

 

Lieder introduced:

 

H. F. No. 252, A bill for an act relating to capital improvements; appropriating money for improvements in the Red Lake River Watershed; authorizing the sale of state bonds.

 

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

 

 

Hansen, Sieben, Atkins and Powell introduced:

 

H. F. No. 253, A bill for an act relating to capital investment; appropriating money for South St. Paul landfill reclamation and conversion to parkland; authorizing the issuance of state general obligation bonds.

 

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

 

 

Heidgerken and Juhnke introduced:

 

H. F. No. 254, A bill for an act relating to highways; amending description of Legislative Route No. 143; amending Minnesota Statutes 2004, section 161.115, subdivision 74.

 

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

 

 

Lanning and Marquart introduced:

 

H. F. No. 255, A bill for an act relating to highways; designating Trunk Highway 10 bridge between Moorhead and Fargo as Veterans Memorial Bridge; amending Minnesota Statutes 2004, section 161.14, by adding a subdivision.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 88

Smith introduced:

 

H. F. No. 256, A bill for an act relating to crimes; requiring law enforcement agencies to return personal property seized if criminal charges are not filed within 90 days; proposing coding for new law in Minnesota Statutes, chapter 626.

 

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

 

 

Bernardy introduced:

 

H. F. No. 257, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Northstar Rail Corridor.

 

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

 

 

Lanning, Penas and Lieder introduced:

 

H. F. No. 258, A bill for an act relating to capital investment; appropriating money for flood hazard mitigation in Oakport Township; authorizing the issuance of state general obligation bonds.

 

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

 

 

Poppe; Johnson, J.; Slawik; Hilty; Dean; Brod; Fritz and Ellison introduced:

 

H. F. No. 259, A bill for an act relating to elections; requiring presidential electors to vote by public ballot and speak aloud the name of the candidates for whom they are voting; amending Minnesota Statutes 2004, section 208.08.

 

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

 

 

Koenen and Johnson, R., introduced:

 

H. F. No. 260, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for reconstruction of a municipal garage and city streets damaged by a tornado.

 

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

 

 

Koenen introduced:

 

H. F. No. 261, A bill for an act relating to highways; prohibiting commissioner of transportation from requiring ready mix concrete suppliers to provide computerized certificates of compliance for highway construction contracts; amending Minnesota Statutes 2004, section 161.32, subdivision 1a.

 

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


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 89

Koenen introduced:

 

H. F. No. 262, A bill for an act relating to motor vehicles; requiring trailers with lifetime registration to display license plate and sticker; removing obsolete language; amending Minnesota Statutes 2004, sections 168.013, subdivision 1d; 169.79, subdivisions 3, 3a.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

Bradley moved that the names of Hamilton; Garofalo; McNamara; Urdahl; Cybart; Cornish; Klinzing; Dempsey; Peterson, N.; Davids; Wardlow and Sviggum be added as authors on H. F. No. 2. The motion prevailed.

 

Dorman moved that the names of Urdahl; Cybart; Peterson, N.; Peppin; Davids; Cornish; Dempsey; Dean; Sviggum; Soderstrom; Cox and Magnus be added as authors on H. F. No. 3. The motion prevailed.

 

Hamilton moved that the names of Garofalo; Peterson, N.; McNamara; Urdahl; Cybart; Dean; Emmer; Peppin; Cornish; Cox; Klinzing; Dempsey; Samuelson; Davids and Sviggum be added as authors on H. F. No. 5. The motion prevailed.

 

Holberg moved that the names of Peppin; Anderson, B., and Olson be added as authors on H. F. No. 6. The motion prevailed.

 

Holberg moved that the names of McNamara; Urdahl; Cybart; Emmer; Dean; Peppin; Cornish; Gazelka; Soderstrom; Klinzing; Dempsey; Samuelson; Eastlund; Peterson, N.; Wardlow and Sviggum be added as authors on H. F. No. 7. The motion prevailed.

 

Carlson moved that the name of Johnson, S., be added as an author on H. F. No. 16. The motion prevailed.

 

Paulsen moved that the names of Peppin and Klinzing be added as authors on H. F. No. 20. The motion prevailed.

 

Abrams moved that the name of Klinzing be added as an author on H. F. No. 44. The motion prevailed.

 

Wilkin moved that the name of Klinzing be added as an author on H. F. No. 46. The motion prevailed.

 

Rukavina moved that the name of Fritz be added as an author on H. F. No. 48. The motion prevailed.

 

Greiling moved that the name of Hilstrom be added as an author on H. F. No. 60. The motion prevailed.

 

Otremba moved that the name of Nelson, P., be added as an author on H. F. No. 66. The motion prevailed.

 

Urdahl moved that the name of Johnson, J., be added as an author on H. F. No. 69. The motion prevailed.

 

Bernardy moved that the name of Hilstrom be added as an author on H. F. No. 91. The motion prevailed.

 

Seifert moved that the name of Peppin be added as an author on H. F. No. 116. The motion prevailed.

 

Smith moved that the name of Johnson, J., be added as an author on H. F. No. 121. The motion prevailed.


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 90

Seifert moved that the name of Peppin be added as an author on H. F. No. 130. The motion prevailed.

 

Slawik moved that the name of Johnson, S., be added as an author on H. F. No. 136. The motion prevailed.

 

Slawik moved that the name of Johnson, S., be added as an author on H. F. No. 139. The motion prevailed.

 

Slawik moved that the names of Johnson, S., and Welti be added as authors on H. F. No. 140. The motion prevailed.

 

Greiling moved that the names of Hilstrom and Liebling be added as authors on H. F. No. 148. The motion prevailed.

 

Slawik moved that the name of Johnson, S., be added as an author on H. F. No. 149. The motion prevailed.

 

Peterson, S., moved that the name of Hilstrom be added as an author on H. F. No. 150. The motion prevailed.

 

Slawik moved that the name of Johnson, S., be added as an author on H. F. No. 151. The motion prevailed.

 

Slawik moved that the name of Johnson, S., be added as an author on H. F. No. 152. The motion prevailed.

 

Anderson, I., moved that the name of Sertich be added as an author on H. F. No. 156. The motion prevailed.

 

Anderson, I., moved that the name of Sertich be added as an author on H. F. No. 157. The motion prevailed.

 

Kahn moved that the name of Hilstrom be added as an author on H. F. No. 158. The motion prevailed.

 

Abrams moved that the names of Erhardt, Davnie and Kahn be added as authors on H. F. No. 166. The motion prevailed.

 

Rukavina moved that the name of Marquart be added as an author on H. F. No. 169. The motion prevailed.

 

Paymar moved that the name of Hilstrom be added as an author on H. F. No. 180. The motion prevailed.

 

Hausman moved that the name of Nelson, M., be added as an author on H. F. No. 191. The motion prevailed.

 

Garofalo moved that the name of Hilstrom be added as an author on H. F. No. 204. The motion prevailed.

 

Howes moved that the names of Murphy, Kahn and Moe be added as authors on H. F. No. 205. The motion prevailed.

 

 

Entenza; Anderson, I.; Goodwin; Otremba; Peterson, A.; Solberg; Dill; Koenen; Dorn and Juhnke introduced:

 

House Resolution No. 2, A House resolution recognizing Tom Smalec for his service to the Minnesota House of Representatives.

 

 

SUSPENSION OF RULES

 

Entenza moved that the rules be so far suspended that House Resolution No. 2 be now considered and be placed upon its adoption. The motion prevailed.


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 91

HOUSE RESOLUTION NO. 2

 

A House resolution recognizing Tom Smalec for his service to the Minnesota House of Representatives.

 

 

Whereas, Tom Smalec began his employment with the House of Representatives in 1990 as a constituent service writer; and

 

Whereas, Tom soon found his home in DFL media where he was a prolific and talented writer; and

 

Whereas, Tom had a gift for understanding the concerns of working Minnesotans and putting those thoughts into clear, concise writings; and

 

Whereas, Tom was the voice of many of the most powerful leaders in Minnesota, including two speakers, three majority leaders, and two minority leaders; and

 

Whereas, Tom truly believed in the democratic process and spent his life giving voice to our best and truest ideals; and

 

Whereas, he had an easy laugh, a quick wit, and an uncanny knowledge of minutia, including the difference between a stalactite and a stalagmite; and

 

Whereas, Tom enjoyed the outdoors and nature, and shared his love of geology through his work with the Geology Society of Minnesota; and

 

Whereas, Tom was a devoted and loving husband to his wife Cathy and a great father to his two daughters, Heather and Andrea; and

 

Whereas, Tom Smalec was a wonderful coworker and friend and a valuable citizen of the State of Minnesota; Now, Therefore,

 

Be It Resolved by the House of Representatives of the State of Minnesota that it recognizes, honors, and appreciates Tom Smalec for his contributions and extends sincere condolences to his family.

 

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the family of Tom Smalec.

 

 

Entenza moved that House Resolution No. 2 be now adopted. The motion prevailed and House Resolution No. 2 was adopted.

 

 

Ellison, Walker, Wagenius, Lillie and Dittrich introduced:

 

House Resolution No. 3, A House resolution commemorating the life and work of Dr. Martin Luther King, Jr.

 

 

SUSPENSION OF RULES

 

Ellison moved that the rules be so far suspended that House Resolution No. 3 be now considered and be placed upon its adoption. The motion prevailed.


Journal of the House - 5th Day - Thursday, January 13, 2005 - Top of Page 92

HOUSE RESOLUTION NO. 3

 

A House resolution commemorating the life and work of Dr. Martin Luther King, Jr.

 

 

Whereas, the birthday of Dr. Martin Luther King, Jr. is January 15, 1929; and

 

Whereas, Dr. King accepted the mantle of leadership of the Montgomery bus boycott of 1955 to desegregate public transportation by leading a boycott which lasted over 381 days; and

 

Whereas, the Montgomery bus boycott inspired civil rights activity all over the United States, including the state of Minnesota, and this movement for civil and human rights has made our society freer, more democratic, and more inclusive; and

 

Whereas, Dr. King's life was devoted to the elimination of segregation and prejudice against all people; and

 

Whereas, achievements in human and civil rights were accomplished through his personal efforts and his example to others; and

 

Whereas, he sought to fulfill his goals exclusively by nonviolent means; and

 

Whereas, Dr. King's life was ended by assassination on April 4, 1968, in Memphis, Tennessee, where he was leading an effort for more just treatment of sanitation workers; and

 

Whereas, the actions and efforts of Dr. Martin Luther King, Jr. have served as an inspiration to many; Now, Therefore,

 

Be It Resolved by the House of Representatives of the State of Minnesota that it honors the life and work of Dr. Martin Luther King, Jr. and the Civil Rights movement.

 

 

Ellison moved that House Resolution No. 3 be now adopted. The motion prevailed and House Resolution No. 3 was adopted.

 

Paulsen moved that the House recess subject to the call of the Chair. The motion prevailed.

 

 

RECESS

 

The House recessed to hear soloist Kennedy Barber sing "Hero" by Mariah Carey in honor of the Reverend Dr. Martin Luther King, Jr.

 

RECONVENED

 

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

 

 

ADJOURNMENT

 

Paulsen moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, January 20, 2005. The motion prevailed.

 

Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, January 20, 2005.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives