STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
THIRD DAY
Saint Paul, Minnesota, Monday, January 13,
2003
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 Brendan Prigge, Victory
Lutheran Church, Eden Prairie, Minnesota.
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
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Holsten
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stanek
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Spk. Sviggum
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding
day. Adolphson moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
The following House Files were introduced:
Paymar; Mariani; Johnson, S.; Thao and Entenza introduced:
H. F. No. 49, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
asset preservation of the Roy Wilkins Center in St. Paul.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Opatz introduced:
H. F. No. 50, A bill for an act relating to appropriations;
authorizing state bonds; appropriating money for a grant for parks and trails
to the St. Cloud area regional parks and trails coordinating board.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance.
Davids and Anderson, J., introduced:
H. F. No. 51, A bill for an act relating to insurance;
clarifying that certain laws include long-term care insurance; amending Minnesota
Statutes 2002, sections 60A.06, subdivision 1; 61B.20, subdivision 10.
The bill was read for the first time and referred to the
Committee on Health and Human Services Policy.
Davids introduced:
H. F. No. 52, A bill for an act relating to insurance;
prohibiting insurers from charging membership fees or dues; amending Minnesota
Statutes 2002, section 72A.20, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
Opatz introduced:
H. F. No. 53, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
the Northstar commuter rail system.
The bill was read for the first time and referred to the Committee
on Transportation Finance.
Slawik, Stanek, Davnie, Bernardy,
Greiling, Goodwin, Atkins and Sykora introduced:
H. F. No. 54, A bill for an act relating to education;
requiring a school district policy on student-on-student abuse; amending
Minnesota Statutes 2002, section 121A.03, subdivisions 2, 3, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Education Policy.
Mahoney; Gunther; Lesch; Davids; Entenza; Johnson, S.; Thao and
Mariani introduced:
H. F. No. 55, A bill for an act relating to capital
improvements; providing for a grant to the city of St. Paul to acquire land for
and remediate contamination in the Phalen corridor; authorizing issuance of
bonds; appropriating money.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Paymar introduced:
H. F. No. 56, A bill for an act relating to domestic abuse;
modifying provisions relating to the admissibility of testimony; amending
Minnesota Statutes 2002, section 518B.01, subdivision 15.
The bill was read for the first time and referred to the
Committee on Judiciary Policy and Finance.
Borrell introduced:
H. F. No. 57, A bill for an
act relating to liquor; authorizing five additional on-sale liquor licenses in
St. Michael.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Severson introduced:
H. F. No. 58, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
municipal water and wastewater systems in St. Stephen.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Kahn, Greiling, Goodwin, Bernardy, Eken, Hausman and Paymar
introduced:
H. F. No. 59, A bill for an act relating to elections;
prohibiting independent expenditures by political parties on behalf of their
own candidates as a condition of receiving a public subsidy; amending Minnesota
Statutes 2002, sections 10A.25, by adding a subdivision; 10A.28, subdivision 1;
10A.31, subdivision 5; 10A.322, subdivision 4, by adding a subdivision; 290.06,
subdivision 23.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Lipman introduced:
H. F. No. 60, A bill for an act relating to elections; changing
certain absentee ballot provisions; amending Minnesota Statutes 2002, sections
203B.07, subdivision 2; 203B.08, subdivision 1; 203B.12, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Anderson, I.; Solberg; Rukavina; Lieder and Eken introduced:
H. F. No. 61, A bill for an act relating to the legislature;
providing for the organization of the house of representatives in case of tie
vote for a house officer; amending Minnesota Statutes 2002, section 3.06, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Anderson, I.; Juhnke; Solberg; Rukavina; Eken and Lieder
introduced:
H. F. No. 62, A bill for an act proposing an amendment to the
Minnesota Constitution, article IV, section 23; providing for veto override
sessions of the legislature.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Boudreau introduced:
H. F. No. 63, A bill for an act relating to retirement; general
state employees retirement plan of the Minnesota state retirement system;
authorizing a purchase of prior service credit for part-time employment.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Seifert, Pelowski and Kielkucki introduced:
H. F. No. 64, A bill for an act relating to state government;
specifying certain contents for a statement of need and reasonableness for
proposed administrative rules; amending Minnesota Statutes 2002, section
14.131.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn, Goodwin, Greiling, Hausman,
Eken and Paymar introduced:
H. F. No. 65, A bill for an act relating to state government;
proposing an amendment to the Minnesota Constitution, article V, sections 1, 2,
5; abolishing the office of lieutenant governor.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn, Mariani, Goodwin, Greiling, Eken, Bernardy, Hausman and
Paymar introduced:
H. F. No. 66, A bill for an act relating to elections;
providing an instant runoff for presidential, congressional, and statewide
elections; permitting a municipal governing body to adopt the instant runoff
for municipal offices; proposing coding for new law in Minnesota Statutes,
chapter 204B.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn introduced:
H. F. No. 67, A bill for an act relating to elections; city
elections; providing for the election of certain council members elected by ward after reapportionment;
amending Minnesota Statutes 2002, section 205.84, subdivision 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn introduced:
H. F. No. 68, A bill for an act relating to elections;
authorizing a pilot project to register voters and conduct absentee voting by
the Internet.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn and Rhodes introduced:
H. F. No. 69, A bill for an act relating to elections;
requiring an affidavit of candidacy to include the candidate's residence
address; providing for rejection of an affidavit that indicates the candidate
does not live in the district from which election is sought; amending Minnesota
Statutes 2002, section 204B.06, subdivision 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn, Paymar and Rhodes
introduced:
H. F. No. 70, A bill for an act relating to elections; providing
that uncontested judicial offices must appear after all contested judicial
offices on the canary ballot; amending Minnesota Statutes 2002, section
204D.14, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Kahn, Mariani, Hausman and Davnie introduced:
H. F. No. 71, A bill for an act relating to elections;
proposing an amendment to the Minnesota Constitution, article VII, section 1;
authorizing local units of government to permit permanent resident noncitizens
to vote in local elections.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs Policy.
Dill introduced:
H. F. No. 72, A bill for an act relating to capital
investments; authorizing land acquisition at Vermilion Community College;
appropriating money.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Anderson, I., introduced:
H. F. No. 73, A bill for an act relating to counties; requiring
each county to adopt an emergency management plan by January 2005; amending
Minnesota Statutes 2002, section 12.25, subdivision 2.
The bill was read for the first time and referred to the Committee
on Local Government and Metropolitan Affairs.
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
Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 1, A Senate concurrent
resolution relating to the adoption of Temporary Joint Rules.
Patrick E. Flahaven, Secretary of the Senate
SUSPENSION OF RULES
Paulsen moved that the rules be so far suspended that Senate
Concurrent Resolution No. 1 be now considered and be placed upon its
adoption. The motion prevailed.
SENATE
CONCURRENT RESOLUTION NO. 1
A Senate concurrent resolution relating to the adoption of
temporary joint rules.
Be It Resolved, by the Senate of the State of Minnesota,
the House of Representatives concurring:
The Temporary Joint Rules of the Senate and the House of
Representatives for the 82nd session are adopted as the Temporary Joint Rules
for the 83rd session, to be effective until the adoption of Permanent Joint
Rules by the Senate and the House of Representatives.
Paulsen moved that Senate Concurrent Resolution No. 1 be now
adopted. The motion prevailed and
Senate Concurrent Resolution No. 1 was adopted.
Mr. Speaker:
I hereby announce the adoption by the Senate of the following
Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 2, A Senate concurrent
resolution relating to parking space in the capitol area for members of the
Legislature and staff.
Patrick E. Flahaven, Secretary of the Senate
SUSPENSION
OF RULES
Paulsen moved that the rules be so far suspended that Senate
Concurrent Resolution No. 2 be now considered and be placed upon its
adoption. The motion prevailed.
SENATE
CONCURRENT RESOLUTION NO. 2
A Senate concurrent resolution relating to parking space in the
capitol area for members of the Legislature and staff.
Be It Resolved, by the Senate of the State of Minnesota, the House
of Representatives concurring:
The Commissioner of Administration shall reserve all parking
space necessary on the Capitol grounds, Capitol Approach, and Aurora Avenue, in
the State Office Building ramp, and elsewhere in the capitol area for the use
of the members and staff of the Legislature for the 83rd session of the
Legislature, allowing reasonable space for parking to the general public having
business at the Capitol. The Committee
on Rules and Administration of the Senate and the Committee on Rules and
Legislative Administration of the House of Representatives may designate
necessary personnel to work with the Commissioner of Administration in this
matter.
The
Secretary of the Senate and the Controller of the House of Representatives may
deduct from the check of any legislator or legislative employee in each year of
the 83rd session of the Legislature a sum adequate to cover the exercise of the
parking privilege defined in this resolution in conformity with the practice of
the Commissioner of Administration.
Paulsen moved that Senate Concurrent Resolution No. 2 be now
adopted. The motion prevailed and
Senate Concurrent Resolution No. 2 was adopted.
Mr. Speaker:
I hereby announce the adoption by the Senate of the following
Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 3, A Senate concurrent
resolution relating to the adjournment of the Senate and House of
Representatives on January 16, 2003.
Patrick E. Flahaven, Secretary of the Senate
SUSPENSION
OF RULES
Paulsen moved that the rules be so far suspended that Senate
Concurrent Resolution No. 3 be now considered and be placed upon its
adoption. The motion prevailed.
SENATE
CONCURRENT RESOLUTION NO. 3
A Senate concurrent resolution relating to the adjournment of
the Senate and House of Representatives on January 16, 2003.
Be It Resolved, by the Senate, the House of Representatives
concurring, that upon adjournment on January 16, 2003, the Senate and
House of Representatives may each adjourn for more than three days.
Paulsen moved that Senate Concurrent Resolution No. 3 be now
adopted. The motion prevailed and
Senate Concurrent Resolution No. 3 was adopted.
MOTIONS AND RESOLUTIONS
Magnus
moved that the name of Sykora be added as an author on
H. F. No. 3. The motion
prevailed.
Bradley
moved that the names of Stang and Nornes be added as authors on
H. F. No. 5. The motion
prevailed.
Anderson,
B., moved that the names of Harder, Magnus, Klinzing and Anderson, J., be added
as authors on H. F. No. 6.
The motion prevailed.
Stanek
moved that the name of Davids be added as an author on
H. F. No. 7. The motion
prevailed.
Seifert
moved that the names of Holberg and Fuller be added as authors on
H. F. No. 8. The motion
prevailed.
Lipman
moved that the names of Severson and Knoblach be added as authors on
H. F. No. 9. The motion
prevailed.
Kuisle
moved that the name of Holberg be added as an author on
H. F. No. 18. The motion
prevailed.
Erhardt
moved that the names of Knoblach and Harder be added as authors on
H. F. No. 24. The motion
prevailed.
Anderson,
J., moved that his name be stricken as an author on
H. F. No. 29. The motion
prevailed.
Bradley
moved that the name of Kahn be added as an author on
H. F. No. 29. The motion
prevailed.
Lipman
moved that the names of Adolphson, Severson, Holberg and Buesgens be added as
authors on H. F. No. 30.
The motion prevailed.
Kielkucki
moved that the name of Olson, M., be added as an author on
H. F. No. 34. The motion
prevailed.
Beard moved
that the name of Harder be added as an author on
H. F. No. 37. The motion
prevailed.
Haas moved
that the name of Solberg be added as an author on
H. F. No. 45. The motion
prevailed.
ANNOUNCEMENT BY THE SPEAKER
The Speaker
announced the following appointments and changes in committee assignments:
Agriculture
and Rural Development Finance: Add the
names of Dill and Westrom.
Education
Finance: Add the name of Eken.
Education
Policy: Delete the name of Nornes.
Ethics: Change the Vice Chair from Murphy to Pugh.
Local Government
and Metropolitan Affairs: Delete the
name of Swenson.
State
Government Finance: Delete the name of
Rukavina and add the name of Paymar.
Ways and
Means: Delete the name of Eken and add
the names of Erhardt, Lenczewski and Rukavina.
ADJOURNMENT
Paulsen
moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday,
January 16, 2003. 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 16, 2003.
Edward A. Burdick, Chief Clerk, House of Representatives