STATE OF MINNESOTA
SPECIAL SESSION - 2007
_____________________
FIRST DAY
Saint Paul, Minnesota, Tuesday, September 11,
2007
In obedience to the Proclamation of the Honorable Tim Pawlenty,
Governor of the State of Minnesota, summoning the two houses of the Legislature
to meet in Special Session, the members of the House of Representatives
assembled in the Chamber of the House of Representatives at the Capitol in
Saint Paul on Tuesday, the eleventh day of September 2007 at 5:00 p.m.
PROCLAMATION
FOR SPECIAL SESSION 2007
Whereas, The Minnesota Constitution allows the Governor
to call a special session of the legislature on "extraordinary
occasions;" and
Whereas, On August 18 and 19, 2007, extremely heavy
rains caused severe flooding in Dodge, Fillmore, Houston, Olmsted, Steele,
Wabasha, and Winona Counties and these counties have been declared a major
disaster area by the President of the United States; and
Whereas, The flooding has caused extensive damage and
loss of property to individuals, businesses, and local governments; and
Whereas, The Governor has exercised his emergency powers
under existing law to direct available agency resources to assist individuals
and local governments, however, the immediate needs in the disaster areas
exceed the resources available through the federal government and existing
state resources; and
Whereas, I have consulted with legislative leaders and have reached agreement
that immediate action by the state legislature to provide the necessary relief
and the people of Minnesota will be best served by a one-day special session
with the limited agenda of providing disaster relief in southeastern Minnesota.
Now Therefore, I, Tim Pawlenty, Governor of Minnesota,
do hereby summon you, members of the Legislature, to convene in Special Session
on Tuesday, September 11, 2007, at 5:00 p.m., at the State Capitol in Saint
Paul, Minnesota.
In Witness Whereof, I have hereunto set my hand and
caused the Great Seal of the State of Minnesota to be affixed at the State Capitol
this tenth day of September in the year of our Lord two thousand and seven, and
of the State the one hundred forty-ninth.
Mark Ritchie Tim
Pawlenty
Secretary of State Governor
At the hour of 5:00 p.m. and
pursuant to the Proclamation of the Governor and pursuant to Minnesota
Statutes 2006, Section 3.073, the Honorable Margaret Anderson Kelliher,
Speaker of the House, called the House of Representatives to order.
Prayer was offered by the Reverend Paul Rogers, House Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
Speaker Kelliher introduced the new House
member, Representative Steve Drazkowski from District 28B, and announced
that he had previously been administered and subscribed to the oath of office
on Thursday, August 16, 2007, and that his election certificate was on
file. He was elected in a special
election held on Tuesday, August 7, 2007 to replace Representative Steve
Sviggum, whose resignation was effective on Tuesday, July 17, 2007.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Gottwalt, Lanning, Scalze and Urdahl were excused.
Pursuant to Minnesota Statutes 2006, Section 3.073, the Speaker
declared the House of Representatives organized for the 2007 Special Session.
Sertich moved that the Chief Clerk
be and is hereby instructed to inform the Senate and the Governor by message
that the House of Representatives is now duly organized pursuant to law for
this Special Session. The motion prevailed.
IN
MEMORIAM
The members of the House paused for a moment of silence in
memory of the victims and their families of the September 11, 2001, terrorist
attacks, the collapse of the I-35W bridge in Minneapolis and the devastating
floods in Southeastern Minnesota.
IN
MEMORIAM
The members of the House paused for a moment of silence in
memory of former Representative Mary Forsythe of Edina, Minnesota, who passed
away on Thursday, September 6, 2007.
Sertich 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 the Speaker.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Tschumper, Pelowski, Welti, Liebling, Drazkowski, Poppe,
Norton, Ruth, Demmer, Marquart, Lieder, Clark, Kahn, Brown, Walker, Fritz,
Kelliher and Dominguez introduced:
H. F. No. 1, A bill for an act relating to disaster relief;
providing money to match and supplement federal disaster assistance for
property damaged by the floods of August 2007; providing for temporary waivers
of certain program requirements and other relief; providing for flood
enrollment impact aid to school districts; providing for property tax
abatements and reimbursements; modifying certain property tax and aid
provisions in designated counties; facilitating use of federal money to rebuild
I-35W bridge over the Mississippi River in the city of Minneapolis; providing
aid to local governments and individuals affected by floods, fires, drought,
and other disasters; authorizing sale of state bonds; appropriating money;
amending Minnesota Statutes 2006, sections 18E.04, subdivision 4; 72A.20,
subdivision 12; 273.124, subdivision 14; proposing coding for new law in Minnesota
Statutes, chapter 273; repealing Minnesota Statutes 2006, section 273.123.
The bill was read for the first time.
DECLARATION
OF URGENCY
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Pelowski moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 1 be given its second and
third readings and be placed upon its final passage. The motion prevailed.
SUSPENSION
OF RULES
Pelowski moved that the Rules of the House be so far suspended that
H. F. No. 1 be given its second and third readings and be placed
upon its final passage. The motion
prevailed.
H. F. No. 1 was read for the second time.
Pursuant to rule 1.50, Sertich moved that the House be allowed
to continue in session after 12:00 midnight.
The motion prevailed.
Pelowski moved to amend H. F. No. 1 as follows:
Page 13, line 20, delete "$29,255,000" and
insert "$30,255,000"
The motion prevailed and the amendment was adopted.
Pelowski moved to amend H. F. No. 1, as amended, as follows:
Page 10, after line 23, insert:
"This
appropriation is also for the costs of a licensed well contractor to
decontaminate any private domestic wells after the second sample result shows
positive for bacteria.
The
Department of Health shall conduct indoor air quality investigation and
sampling in public facilities and nonprofit organizations. $100,000 will be
appropriated from the capacity building grants for this purpose."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 1, A bill for an act relating to disaster relief;
providing money to match and supplement federal disaster assistance for
property damaged by the floods of August 2007; providing for temporary waivers
of certain program requirements and other relief; providing for flood
enrollment impact aid to school districts; providing for property tax
abatements and reimbursements; modifying certain property tax and aid
provisions in designated counties; facilitating use of federal money
to rebuild I-35W bridge over the Mississippi River in the city of Minneapolis;
providing aid to local governments and individuals affected by floods, fires,
drought, and other disasters; authorizing sale of state bonds; appropriating
money; amending Minnesota Statutes 2006, sections 18E.04, subdivision 4;
72A.20, subdivision 12; 273.124, subdivision 14; proposing coding for new law
in Minnesota Statutes, chapter 273; repealing Minnesota Statutes 2006, section
273.123.
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 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
INTRODUCTION AND FIRST READING OF HOUSE
BILLS, Continued
The following House Files were introduced:
Pelowski, Hilty, Heidgerken, Kalin and Poppe introduced:
H. F. No. 2, A bill for an act relating to elections; requiring
voting systems accessible to individuals with disabilities in township
elections; amending Minnesota Statutes 2006, section 206.57, subdivision 5.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Clark
introduced:
H. F. No. 3, A bill for an act relating to insurance;
prohibiting insurers from penalizing insureds for certain types of motor
vehicle claims and from providing certain incorrect information regarding the
effect of a motor vehicle claim on future insurability or premium rates;
amending Minnesota Statutes 2006, sections 65B.133, subdivision 5a; 72A.20,
subdivision 12.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
This is to notify you that the Senate is now duly organized for
the 2007 Special Session pursuant to the Minnesota Constitution and Minnesota
Statutes.
Patrick E. Flahaven, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate File, herewith transmitted:
S. F. No. 3.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 3, A bill for an act relating to elections; requiring
voting systems accessible to individuals with disabilities in township
elections; amending Minnesota Statutes 2006, section 206.57, subdivision 5.
The bill was read for the first time.
DECLARATION
OF URGENCY
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Pelowski moved that the rule therein be suspended and an
urgency be declared so that S. F. No. 3 be given its second and third readings
and be placed upon its final passage.
The motion prevailed.
SUSPENSION
OF RULES
Pelowski moved that the rules of the House be so far suspended
that S. F. No. 3 be given its second and third readings and be placed upon its
final passage. The motion prevailed.
S. F. No. 3 was read for the second time.
S. F. No. 3, A bill for an act relating to elections; requiring
voting systems accessible to individuals with disabilities in township
elections; amending Minnesota Statutes 2006, section 206.57, subdivision 5.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 2
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Huntley
Madore
The bill was passed and its title agreed to.
MOTIONS AND RESOLUTIONS
Sertich moved that the Chief Clerk be and is hereby authorized
to correct and approve the Journal of the House, 2007 Special Session, for
today, Tuesday, September 11, 2007, and that he be authorized to include in the
Journal for today any subsequent proceedings.
The motion prevailed.
Sertich moved that the Chief Clerk be and is hereby instructed
to inform the Senate and the Governor by message that the House of
Representatives is about to adjourn this 2007 Special Session sine die. The motion prevailed.
ANNOUNCEMENT BY THE SPEAKER
The
Speaker announced the following appointments and changes in committee
assignments:
Agriculture,
Rural Economies and Veterans Affairs:
Delete the name of Heidgerken and add the name of Drazkowski.
Finance: Add the name of Heidgerken.
Finance/State
Government Finance Division: Add the
name of Drazkowski.
Ways and
Means: Add the name of Drazkowski.
MOTION TO ADJOURN 2007
SPECIAL SESSION SINE DIE
Sertich moved that the House adjourn sine die for the 2007
Special Session. The motion prevailed
and the Speaker declared the House stands adjourned sine die for the 2007
Special Session.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives