STATE OF MINNESOTA
SPECIAL SESSION - 2005
_____________________
TWENTY-SECOND DAY
Saint Paul, Minnesota, Friday, July 8, 2005
The House of Representatives convened at 10:00 a.m. and was
called to order by Erik Paulsen, Speaker pro tempore.
Prayer was offered by Larry Lotzer, Associate Chaplain and
Director, Union Gospel Mission, Twin Cities, Gateway Prison Re-entry to Society
Program.
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
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cybart
Davids
Davnie
Dean
DeLaForest
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Krinkie
Lanning
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
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.
Anderson, B.; Cox; Demmer; Finstad; Gazelka; Hausman; Klinzing;
Kohls; Larson and Mariani were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Erickson moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
Seifert moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Abrams.
Greiling, Koenen, Loeffler, Opatz, Penas and Sieben were
excused for the remainder of today's session.
Pursuant to rule 1.50, Paulsen moved that the House be allowed
to continue in session after 12:00 midnight.
The motion prevailed.
Paulsen introduced:
House Concurrent Resolution No. 8, A House concurrent
resolution relating to the adjournment of the House of Representatives and the
Senate on July 8, 2005.
SUSPENSION
OF RULES
Paulsen moved that the rules be so far suspended that House
Concurrent Resolution No. 8 be now considered and be placed upon its
adoption. The motion prevailed.
HOUSE
CONCURRENT RESOLUTION NO. 8
A House concurrent resolution relating to the adjournment of
the House of Representatives and the Senate on July 8, 2005.
Be It Resolved, by the House of Representatives of the
State of Minnesota, the Senate concurring, that upon adjournment on July 8,
2005, the House of Representatives and the Senate may each adjourn for more
than three days during the 2005 First Special Session.
Paulsen moved that House Concurrent Resolution No. 8 be now
adopted. The motion prevailed and House
Concurrent Resolution No. 8 was adopted.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2005 Special Session of the State Legislature has been received from the
Office of the Governor and is deposited in the Office of the Secretary of State
for preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Special Session Laws Chapter No. |
Time and Date Approved 2005 |
Date Filed 2005 |
69* 1 9:10
p.m. June 30 June
30
Sincerely,
Mary
Kiffmeyer
Secretary
of State
[NOTE: * Indicates that S. F. No. 69, Special
Session Chapter No. 1, contains line-item vetoes.]
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Bernardy introduced:
H. F. No. 131, A bill for an act relating to education finance;
creating a supplemental compensatory revenue calculation; amending Minnesota
Statutes 2004, section 126C.10, subdivision 3, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
MOTIONS AND RESOLUTIONS
Sertich moved that the names of Anderson, I., and Clark be
added as authors on H. F. No. 128. The motion prevailed.
SUSPENSION
OF RULES
Howes moved that the rules of the House be so far suspended
that H. F. No. 111 be recalled from the Committee on Rules and
Legislative Administration, be given its second and third readings and be
placed upon its final passage. The
motion prevailed.
H. F. No. 111 was reported to the House.
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Knoblach moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 111 be given its second
and third readings and be placed upon its final passage. The motion prevailed.
H. F. No. 111 was read for the second time.
Knoblach, Solberg and Sertich moved to amend H. F. No. 111 as
follows:
Delete everything after the enacting clause and insert:
"Section 1.
[CONTINUING APPROPRIATIONS.]
(a) Retroactively from July 1, 2005, amounts sufficient to
continue the operation of state government through July 13, 2005, as determined
by the commissioner of finance, are appropriated from the appropriate fund or
account in the state treasury to each unit of state government or other entity
that received appropriations from the state for June 2005, as a result of money
appropriated in Laws 2003, First Special Session chapters 9, 14, 19, and 21.
(b) The amounts appropriated must be sufficient, but not
exceed the amounts needed, to continue the operation of government at base
level as it existed in June 2005.
Determination of amounts may be made on a proration of annual
appropriations or another reasonable basis.
The appropriations must not include appropriations in the acts specified
in paragraph (a) that are designated as onetime appropriations or are onetime
in nature. This requirement does not
affect standing appropriations that are annually appropriated by statute."
Knoblach moved to amend the Knoblach et al amendment to H. F.
No. 111 as follows:
Page 1, line 5, delete "13" and insert "14"
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Knoblach et al amendment, as
amended, to H. F. No. 111.
The motion prevailed and the amendment, as amended, was adopted.
H.
F. No. 111, A bill for an act relating to the state budget; providing for
transitional financing for certain governmental functions under certain
conditions.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 106 yeas and 9
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cybart
Davids
Davnie
Dean
DeLaForest
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Fritz
Goodwin
Gunther
Hamilton
Hansen
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Lanning
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Emmer
Garofalo
Hackbarth
Holberg
Krinkie
Peppin
Vandeveer
Zellers
The bill was passed, as amended, and its title agreed to.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Abrams.
There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the adoption by the Senate of the following
House Concurrent Resolution, herewith returned:
House Concurrent Resolution No. 8, A House concurrent
resolution relating to the adjournment of the House of Representatives and the
Senate on July 8, 2005.
Patrick
E. Flahaven,
Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 111, A bill for an act relating to the state budget;
providing for transitional financing for certain governmental functions under
certain conditions.
Patrick
E. Flahaven,
Secretary of the Senate
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 11:00 a.m., Wednesday, July 13, 2005.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and Speaker pro tempore Abrams declared the
House stands adjourned until 11:00 a.m., Wednesday, July 13, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives