Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 483

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2009

 

_____________________

 

FOURTEENTH DAY

 

Saint Paul, Minnesota, Monday, February 23, 2009

 

 

      The House of Representatives convened at 1:00 p.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by the Reverend Ralph Olsen, King of Kings Lutheran Church, Woodbury, 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

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      Doty and Huntley were excused.

 

      Urdahl was excused until 1:20 p.m.  Anderson, B., was excused until 1:25 p.m. 

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Falk moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk.  The motion prevailed.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 484

PETITIONS AND COMMUNICATIONS

 

 

      The following communication was received:

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

 

The Honorable Margaret Anderson Kelliher

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 Acts of the 2009 Session of the State Legislature have been received from the Office of the Governor and are 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.

 

Session Laws

Chapter No.

Time and

Date Approved

2009

 

Date Filed

2009

 


        212                                                    2                                     8:37 a.m. February 20                          February 20

           49                                                    3                                     8:35 a.m. February 20                          February 20

 

 

                                                                                                                                Sincerely,

                                                                                                                               

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 303, A resolution memorializing the Congress of the United States to appoint an independent counsel to investigate the Prisoner of War - Missing in Action issue.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 485

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

 

H. F. No. 322, A bill for an act relating to education finance; increasing the number of signatures necessary to require an election to revoke an operating referendum; amending Minnesota Statutes 2008, section 126C.17, subdivision 9.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 541, A bill for an act relating to property taxes; extending the time frame for eligibility for the surviving spouses of certain disabled military veterans to receive the residential homestead market value exclusion; amending Minnesota Statutes 2008, section 273.13, subdivision 34.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 564, A bill for an act relating to agriculture; bioenergy; requiring study and report on feasibility of producing ethanol from whey.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

 

H. F. No. 690, A bill for an act relating to environment; enacting the Minnesota Clean Car Act; requiring decreased emission of criteria air pollutants and greenhouse gas pollution from new motor vehicles; requiring adoption of low emission standards for motor vehicles; providing for updates as necessary to comply with the federal Clean Air Act; requiring reports; requiring rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116.

 

Reported the same back with the following amendments:

 

Page 1, delete line 19 and insert:

 

"Subd. 5.  E85.  "E85" has the meaning given in section 296A.01, subdivision 19."


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 486

Page 3, delete line 2 and insert:

 

"(1) a motor vehicle that is registered under section 168.10;"

 

Page 3, line 3, delete "commercial vehicles" and insert "a commercial motor vehicle,"

 

Page 3, delete line 4 and insert:

 

"(3) an authorized emergency vehicle, as defined in section 169.011, subdivision 3;"

 

Page 5, line 2, delete "all-terrain vehicles" and insert "off-highway vehicles as defined in section 84.771"

 

Page 5, line 19, after "comments" insert "to CARB"

 

Page 6, line 30, delete "the state" and insert "Minnesota" and delete "each" and insert "Minnesota"

 

Page 6, line 31, delete "state"

 

Page 6, line 32, delete "the state" and insert "Minnesota"

 

Page 6, after line 32, insert:

 

"Sec. 8.  Minnesota Statutes 2008, section 168A.04, subdivision 1, is amended to read:

 

Subdivision 1.  Contents.  The application for the first certificate of title of a vehicle in this state shall be made by the owner to the department on the form prescribed by the department and shall contain:

 

(1) the first, middle, and last names, the dates of birth, and addresses of all owners who are natural persons, the full names and addresses of all other owners;

 

(2) a description of the vehicle including, so far as the following data exists, its make, model, year, identifying number, type of body, and whether new or used;

 

(3) the date of purchase by applicant, the name and address of the person from whom the vehicle was acquired, the names and addresses of any secured parties in the order of their priority, and the dates of their respective security agreements;

 

(4) with respect to motor vehicles subject to the provisions of section 325E.15, the true cumulative mileage registered on the odometer or that the actual mileage is unknown if the odometer reading is known by the owner to be different from the true mileage; 

 

(5) with respect to vehicles subject to section 325F.6641, whether the vehicle sustained damage by collision or other occurrence which exceeded 70 percent of the actual cash value; and 

 

(6) if required under section 116.396, paragraph (b), satisfactory evidence of an applicable exemption from sections 116.393 to 116.399; and

 

(7) any further information the department reasonably requires to identify the vehicle and to enable it to determine whether the owner is entitled to a certificate of title, and the existence or nonexistence and priority of any security interest in the vehicle."


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 487

Page 7, line 5, delete "8" and insert "9"

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment Policy and Oversight.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 303 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Solberg; Seifert; Eken; Sertich; Hausman; Murphy, M.; Loeffler; Faust; Urdahl; Davids; Hansen; Mack; Kahn; Lanning; Persell; Lillie; Paymar; Lesch; Brown; Falk; Murdock; Gunther; Haws; Juhnke; Morgan; Torkelson; Hilty; Howes; Ward; Doty; Carlson; Wagenius; Kelliher; Zellers and Nornes introduced:

 

      H. F. No. 1008, A bill for an act relating to commerce; modifying grant timing and requirements for public television and noncommercial radio stations; requiring a report; amending Minnesota Statutes 2008, sections 129D.13; 129D.14, subdivisions 5, 6; 129D.155; proposing coding for new law in Minnesota Statutes, chapter 129D.

 

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

 

 

      Garofalo and Atkins introduced:

 

      H. F. No. 1009, A bill for an act relating to farm wineries; allowing sales and samples of wine at farmer's markets; amending Minnesota Statutes 2008, section 340A.315, subdivision 2.

 

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

 

 

      Kalin, Sterner, Kiffmeyer, Lillie, Norton, Scalze, Reinert, Ruud, Slawik, Nelson, Pelowski and Poppe introduced:

 

      H. F. No. 1010, A bill for an act relating to elections; changing certain provisions concerning military and overseas voting; amending Minnesota Statutes 2008, sections 203B.16, subdivision 2; 203B.17, subdivision 1; 203B.21, subdivision 2; 203B.22; 203B.225, subdivision 1; 203B.227.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 488

      Hilty introduced:

 

      H. F. No. 1011, A bill for an act relating to elections; changing certain election administration provisions; amending Minnesota Statutes 2008, sections 201.016, subdivision 1a; 201.056; 201.061, subdivision 1; 201.11; 201.12; 201.13; 202A.14, subdivision 3; 203B.02, by adding a subdivision; 204B.09, subdivision 3; 204B.14, subdivisions 2, 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18, subdivision 1; 204B.27, subdivision 2; 204B.33; 204B.38; 204B.40; 204C.02; 204C.06, subdivision 1; 204C.08, subdivisions 1a, 3; 204C.13, subdivision 2; 204C.15, subdivision 1; 204C.17; 204C.30, by adding a subdivision; 204C.33, subdivision 1; 204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.28, subdivision 5; 205.065, subdivision 2; 205.13, subdivisions 1, 2; 205.16, subdivisions 2, 3; 205A.03, subdivision 1; 205A.05, subdivisions 1, 2; 205A.07, subdivision 2; 206.57, subdivision 6; 206.61, subdivision 5; 211A.02, subdivisions 1, 2; 211A.05, subdivision 2; 211B.11, by adding a subdivision; 211B.12; 412.02, subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 414.0325, subdivision 4; 414.033, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 204B; 204D; 205; 205A; repealing Minnesota Statutes 2008, sections 201.096; 206.805, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Laine; Bly; Anzelc; Tillberry; Hornstein; Hilty; Rosenthal; Scalze; Fritz; Kath; Slocum; Masin; Hausman; Greiling; Mullery; Johnson; Newton; Liebling; Hayden; Reinert; Hilstrom; Ward; Kahn; Murphy, M.; Davnie; Faust; Lesch; Mariani; Winkler; Eken and Thao introduced:

 

      H. F. No. 1012, A bill for an act relating to insurance; specifying maximum financial reserves for nonprofit health plan companies; proposing coding for new law in Minnesota Statutes, chapter 60A.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Laine, Hausman, Greiling, Mullery, Abeler, Tillberry, Slocum, Sterner, Newton, Hayden, Liebling and Ward introduced:

 

      H. F. No. 1013, A bill for an act relating to homeless programs; allowing providers to impose requirements on clients and requiring consistency in program guidelines; amending Minnesota Statutes 2008, section 462A.29.

 

      The bill was read for the first time and referred to the Housing Finance and Policy and Public Health Finance Division.

 

 

      Laine, Hausman, Greiling, Mullery, Abeler, Tillberry, Slocum, Sterner, Newton, Hayden, Liebling and Ward introduced:

 

      H. F. No. 1014, A bill for an act relating to homelessness; requiring certain data for the Homeless Management Information System.

 

      The bill was read for the first time and referred to the Housing Finance and Policy and Public Health Finance Division.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 489

      Laine, Tillberry, Knuth, Hortman, Abeler and Newton introduced:

 

      H. F. No. 1015, A bill for an act relating to capital investment; authorizing the sale and issuance of state bonds; appropriating money for a grant to the city of Fridley for capital improvements to Springbrook Nature Center.

 

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

 

 

      Scalze, Dettmer, Masin, Obermueller, Gardner, Dittrich, Morgan, Bigham, Ruud and McNamara introduced:

 

      H. F. No. 1016, A bill for an act relating to taxation; property; modifying the prescribed content of property tax statements; amending Minnesota Statutes 2008, section 276.04, subdivision 2.

 

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

 

 

      Peppin; Drazkowski; Seifert; Westrom; Nornes; Anderson, P., and Dettmer introduced:

 

      H. F. No. 1017, A bill for an act relating to human services; modifying MFIP work activities; amending Minnesota Statutes 2008, section 256J.49, subdivision 13.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Kalin, Gardner, Loeffler, Sailer, Norton, Scalze, Peterson, Swails and Persell introduced:

 

      H. F. No. 1018, A bill for an act relating to state government; specifying the purpose of public Web sites; requiring state agencies to include contact information on Web sites; amending Minnesota Statutes 2008, section 10.60, subdivision 2, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Drazkowski; Anderson, P.; Dettmer and Gottwalt introduced:

 

      H. F. No. 1019, A bill for an act relating to taxation; property; prohibiting an increase in taxable market value for certain homesteads owned by persons age 65 years or older; amending Minnesota Statutes 2008, sections 273.11, subdivision 5, by adding a subdivision; 273.121, subdivision 1; 276.04, subdivision 2.

 

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

 

 

      Drazkowski; Olin; Torkelson; Nornes; Murdock; Peppin; Anderson, P.; Westrom; Persell; Davids and Gottwalt introduced:

 

      H. F. No. 1020, A bill for an act relating to state lands; requiring commissioner of natural resources to sell lands with agricultural leases.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 490

      Kelly, Hilstrom, Kohls, Garofalo, Smith and Dettmer introduced:

 

      H. F. No. 1021, A bill for an act relating to corrections; authorizing arrest of a person who escapes from custody on an allegation or adjudication of a delinquent act; amending Minnesota Statutes 2008, section 629.34, subdivision 1.

 

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

 

 

      Anzelc; Rukavina; Nelson; Murphy, M., and Sertich introduced:

 

      H. F. No. 1022, A bill for an act relating to local government; providing that local governments may provide health coverage for employees through negotiated contributions to self-funded, multiemployer health and welfare plans; amending Minnesota Statutes 2008, section 471.61, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Kelly introduced:

 

      H. F. No. 1023, A bill for an act relating to the city of Cannon Falls; authorizing the city to use a design-build process to award contracts for construction of a library and fire station.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Poppe introduced:

 

      H. F. No. 1024, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money to upgrade the city of Brownsdale sewer systems.

 

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

 

 

      Poppe and Brown introduced:

 

      H. F. No. 1025, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for flood mitigation in the city of Austin.

 

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

 

 

      Slawik introduced:

 

      H. F. No. 1026, A bill for an act relating to education; amending early childhood education provisions; amending Minnesota Statutes 2008, sections 124D.135, subdivision 3; 124D.15, subdivisions 1, 3, by adding subdivisions; 124D.19, subdivisions 10, 14; 124D.522; 299A.297; proposing coding for new law in Minnesota Statutes, chapter 124D; repealing Minnesota Statutes 2008, sections 121A.27; 124D.13, subdivision 13.

 

      The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 491

      Liebling and Norton introduced:

 

      H. F. No. 1027, A bill for an act relating to health care; repealing the prohibition of balance billing for Medicare-covered services; repealing Minnesota Statutes 2008, section 62J.25.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Newton, Scott, Abeler, Hortman and Dittrich introduced:

 

      H. F. No. 1028, A bill for an act relating to highways; appropriating money for new travel lanes on U.S. Highway 10 at Hanson Boulevard in the city of Coon Rapids and between Hanson Boulevard and Round Lake Boulevard in the city of Coon Rapids; authorizing sale of trunk highway bonds.

 

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

 

 

      Winkler, Mahoney, Kelliher, Gottwalt, Norton, Sertich, Ruud, Dittrich, Haws, Nelson and Gunther introduced:

 

      H. F. No. 1029, A bill for an act relating to economic development; appropriating money for BioBusiness Alliance; requiring a report.

 

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

 

 

      Solberg, Liebling, Abeler, Anzelc, Thao, Otremba, Mariani and Mahoney introduced:

 

      H. F. No. 1030, A bill for an act relating to human services; establishing a single dental administrator to administer dental services for the recipients of the state health care programs; amending Minnesota Statutes 2008, sections 13.461, subdivision 23; 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 256B; repealing Minnesota Statutes 2008, sections 256B.037; 256B.69, subdivision 6c.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Wagenius, Eken, McNamara, Mack and Morgan introduced:

 

      H. F. No. 1031, A bill for an act relating to water; appropriating money for a comprehensive statewide sustainable water resources detailed framework.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Fritz, McNamara, Mariani, Kelliher and Gunther introduced:

 

      H. F. No. 1032, A bill for an act relating to human services; establishing a self-advocacy program for persons with developmental disabilities; transferring money appropriated to the commissioner of administration; amending Minnesota Statutes 2008, section 256B.092, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 492

      Norton and Welti introduced:

 

      H. F. No. 1033, A bill for an act relating to elections; requiring a school district primary election in certain jurisdictions; amending Minnesota Statutes 2008, section 205A.03, subdivision 1, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Lesch introduced:

 

      H. F. No. 1034, A bill for an act relating to education finance; providing employment protection of charter school employees; amending Minnesota Statutes 2008, section 124D.10, subdivision 11.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Hosch, Hansen, Knuth, Tillberry, Hornstein, Ruud, Simon, Hilty, Slocum, Fritz, Dill and Obermueller introduced:

 

      H. F. No. 1035, A bill for an act relating to greenhouse gas emissions reduction; making findings; requiring land use planning and limiting certain types of development; prohibiting new incorporations; modifying tax increment financing standards; prohibiting the use of minimum acreage standards for new school siting; authorizing the sale of state bonds; appropriating money; amending Minnesota Statutes 2008, sections 116J.575, subdivision 1a; 123B.70, subdivision 1; 394.23; 462.352, by adding a subdivision; 462.353, subdivision 2, by adding a subdivision; 462.357, subdivision 1, by adding subdivisions; 462.358, subdivision 1a; 469.174, by adding a subdivision; 469.176, subdivision 1b, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 414; repealing Minnesota Statutes 2008, sections 394.232; 414.02; 462.3585.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Seifert, Smith, Dettmer, Gottwalt and Drazkowski introduced:

 

      H. F. No. 1036, A bill for an act relating to human services; modifying general assistance payments for new residents; modifying MFIP payments for new residents; proposing coding for new law in Minnesota Statutes, chapters 256D; 256J.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Swails, Abeler, Slawik, Otremba and Kiffmeyer introduced:

 

      H. F. No. 1037, A bill for an act relating to education; reducing mandates for home schools; amending Minnesota Statutes 2008, sections 120A.22, subdivisions 6, 11; 120A.24; 120A.26, subdivisions 3, 4, 5; 121A.15, subdivisions 3, 8; 123B.42, subdivision 1; 171.05, subdivision 2; 181A.05, subdivision 1; repealing Minnesota Statutes 2008, section 120A.26, subdivisions 1, 2.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 493

      Jackson introduced:

 

      H. F. No. 1038, A bill for an act relating to utilities; authorizing Public Utilities Commission to order refunds of unlawful utility rate revenues; amending Minnesota Statutes 2008, sections 216B.23, by adding a subdivision; 237.081, by adding a subdivision; 237.74, by adding a subdivision.

 

      The bill was read for the first time and referred to the Energy Finance and Policy Division.

 

 

      Smith introduced:

 

      H. F. No. 1039, A bill for an act relating to public safety; clarifying that an inmate convicted for assaulting a correctional officer must serve their sentence consecutive to the sentence for which they are imprisoned; amending Minnesota Statutes 2008, section 609.2232.

 

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

 

 

      Shimanski, Morrow and Koenen introduced:

 

      H. F. No. 1040, A bill for an act relating to education finance; authorizing Independent School District No. 2887, McLeod West, to issue general obligation bonds for its reorganization operating debt.

 

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

 

 

      Lillie introduced:

 

      H. F. No. 1041, A bill for an act relating to insurance; requiring a notice to applicants for homeowners' insurance; amending Minnesota Statutes 2008, section 65A.29, by adding a subdivision.

 

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

 

 

      Slocum and Thissen introduced:

 

      H. F. No. 1042, A bill for an act relating to capital improvements; appropriating money for grant to city of Richfield to construct new arterial street; authorizing issuance of state bonds.

 

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

 

 

      Johnson, Paymar, Champion, Kahn and Hornstein introduced:

 

      H. F. No. 1043, A bill for an act relating to public safety; addressing the consideration of a job applicant's criminal history during the public employment hiring process; proposing coding for new law in Minnesota Statutes, chapter 364.

 

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


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 494

      Johnson, Paymar and Champion introduced:

 

      H. F. No. 1044, A bill for an act relating to higher education; requiring postsecondary institutions to notify prospective students of the potential effects of a criminal conviction on future employment; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

      The bill was read for the first time and referred to the Higher Education and Workforce Development Finance and Policy Division.

 

 

      Mullery introduced:

 

      H. F. No. 1045, A bill for an act relating to economic development; appropriating funds for summer youth employment.

 

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

 

 

      Mariani, Slawik, Greiling, McFarlane and Kelliher introduced:

 

      H. F. No. 1046, A bill for an act relating to education; establishing a Minnesota reading corps program; appropriating money; amending Minnesota Statutes 2008, section 124D.42, subdivision 6, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Hornstein, Knuth, Brynaert and Murphy, E., introduced:

 

      H. F. No. 1047, A bill for an act relating to transportation; amending statewide goals for reduction of greenhouse gas emissions; amending Minnesota Statutes 2008, section 216H.02, subdivision 1.

 

      The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

 

 

      Brynaert, Morrow and Persell introduced:

 

      H. F. No. 1048, A bill for an act relating to unemployment compensation; providing eligibility for benefits under certain training programs.

 

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

 

 

      Kalin introduced:

 

      H. F. No. 1049, A bill for an act relating to energy; regulating approval of conservation improvement program plans; amending Minnesota Statutes 2008, section 216B.241, subdivision 1c.

 

      The bill was read for the first time and referred to the Energy Finance and Policy Division.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 495

      Olin, Haws, Reinert and Poppe introduced:

 

      H. F. No. 1050, A bill for an act relating to public safety; repealing authorization that certain short term commitments to the commissioner of corrections be served in county jails; amending Minnesota Statutes 2008, section 609.105, subdivision 1; repealing Minnesota Statutes 2008, section 609.105, subdivisions 1a, 1b.

 

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

 

 

      Olin introduced:

 

      H. F. No. 1051, A bill for an act relating to transportation; allocating funds for installing railroad crossing devices.

 

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

 

 

      Olin introduced:

 

      H. F. No. 1052, A bill for an act relating to energy; appropriating money to city of Kennedy for energy conversion of former school building; promoting green economy.

 

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

 

 

      Simon, Winkler, Hansen, Howes and Slocum introduced:

 

      H. F. No. 1053, A bill for an act relating to elections; requiring certain public officials to provide additional data to the secretary of state for use in maintaining the voter registration system; providing for automatic voter registration of applicants for a driver's license, instruction permit, or identification card; amending Minnesota Statutes 2008, sections 201.13, by adding a subdivision; 201.14; 201.15, subdivisions 1, 2; 201.155; 201.161; proposing coding for new law in Minnesota Statutes, chapter 201.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Doty introduced:

 

      H. F. No. 1054, A bill for an act relating to natural resources; authorizing acquisition of certain easements; proposing coding for new law in Minnesota Statutes, chapter 84.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Doty, Juhnke and Welti introduced:

 

      H. F. No. 1055, A bill for an act relating to waters; appropriating money to monitor agricultural nonpoint source pollution.

 

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


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 496

      Howes, Davnie, Murdock, Lillie, Peppin, Zellers, Fritz, Mahoney, Brod, Nelson, Holberg, Olin and Eastlund introduced:

 

      H. F. No. 1056, A bill for an act relating to construction; requiring prompt payment to construction subcontractors; amending Minnesota Statutes 2008, section 337.10, subdivision 3.

 

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

 

 

      Brod introduced:

 

      H. F. No. 1057, A bill for an act relating to health; changing an abortion provision; providing 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 Care and Human Services Policy and Oversight.

 

 

      Fritz introduced:

 

      H. F. No. 1058, A bill for an act relating to health; prohibiting saline amniocentesis abortions; providing civil and 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 Care and Human Services Policy and Oversight.

 

 

      Otremba introduced:

 

      H. F. No. 1059, A bill for an act relating to health; limiting use of funds for state-sponsored health programs for funding abortions.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Holberg and Kohls introduced:

 

      H. F. No. 1060, A bill for an act relating to civil actions; providing certain remedies for neglect, abuse, and other actions against incapacitated and vulnerable adults; proposing coding for new law in Minnesota Statutes, chapter 604.

 

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

 

 

      Brown, Davids and Hansen introduced:

 

      H. F. No. 1061, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money for the Shell Rock River Watershed District.

 

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


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 497

      Brown, Davids and Hansen introduced:

 

      H. F. No. 1062, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money for the Shell Rock River Watershed District flood mitigation project.

 

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

 

 

      Rukavina; Hausman; Murphy, M.; Mahoney and Carlson introduced:

 

      H. F. No. 1063, A bill for an act relating to capital improvements; appropriating money for capital improvements at the University of Minnesota and the Minnesota State Colleges and Universities; authorizing the sale and issuance of state bonds.

 

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

 

 

      Thao; Hayden; Liebling; Lesch; Mahoney; Paymar; Juhnke; Mariani; Murphy, E.; Hornstein and Johnson introduced:

 

      H. F. No. 1064, A bill for an act relating to capital improvements; appropriating money for the Gillette Children's Hospital; authorizing the sale and issuance of state bonds.

 

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

 

 

      Thao introduced:

 

      H. F. No. 1065, A bill for an act relating to human services; establishing collaborative services for high-risk children; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Bunn, Swails, McNamara, Lillie, Hausman, Hornstein, Hortman, Dean and Bigham introduced:

 

      H. F. No. 1066, A bill for an act relating to capital investment; appropriating money for the Interstate Highway 94 Corridor Transit Way; authorizing the sale and issuance of state bonds.

 

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

 

 

      Peppin and Buesgens introduced:

 

      H. F. No. 1067, A bill for an act relating to commerce; regulating gasoline sales below cost; amending Minnesota Statutes 2008, section 325D.01, subdivision 5; repealing Minnesota Statutes 2008, sections 325D.01, subdivisions 11, 12; 325D.71.

 

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


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 498

      Abeler and Mariani introduced:

 

      H. F. No. 1068, A bill for an act relating to education; allowing school districts to waive background check fees for volunteers; amending Minnesota Statutes 2008, section 123B.03, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Abeler and Fritz introduced:

 

      H. F. No. 1069, A bill for an act relating to health; requiring the commissioner of health to study the cost of installing separate temperature controls in individual nursing facility rooms.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Eken, Marquart, Sailer, Lanning and Olin introduced:

 

      H. F. No. 1070, A bill for an act relating to natural resources; appropriating money for the river watch program in the Red River of the North.

 

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

 

 

      Smith introduced:

 

      H. F. No. 1071, A bill for an act relating to vehicle license plates; converting to single license plate system for vehicle registration; making technical changes; removing obsolete language; amending Minnesota Statutes 2008, sections 16B.581; 168.012, subdivisions 1, 1c; 168.013, subdivision 3; 168.021; 168.032; 168.041, subdivisions 5, 6, 7; 168.0422; 168.053, subdivision 1; 168.09, subdivisions 1, 3, 7; 168.098; 168.10, subdivisions 1g, 1h, 1i, 3; 168.105, subdivisions 2, 3, 5; 168.12, subdivisions 1, 2, 2a, 2b, 2c, 2d, 2e, 2f; 168.123, subdivisions 1, 4; 168.1235, subdivisions 1, 4; 168.124; 168.125; 168.1251; 168.1255; 168.126, subdivision 2; 168.127, subdivision 5; 168.128, subdivision 2; 168.129, subdivisions 1, 4; 168.1291, subdivision 4; 168.1293, subdivision 5; 168.1296, subdivisions 1, 4; 168.1297; 168.1298, subdivision 1; 168.13; 168.15; 168.16; 168.27, subdivisions 16, 28; 168.29; 168.301, subdivision 4; 168.31, subdivisions 4, 5; 168.36; 168.62, subdivision 3; 169.041, subdivision 5; 169.345, subdivision 4; 169.79; 169A.37, subdivision 1; 169A.55, subdivision 2; 221.031, subdivision 6; 297B.01, subdivision 15; 325F.662, subdivision 1; 609B.231, subdivision 2; 609B.237, subdivision 2.

 

      The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

 

 

      Murdock, Atkins, Howes, Ward, Anzelc and Lillie introduced:

 

      H. F. No. 1072, A bill for an act relating to commerce; clarifying the regulation and management of vacation home rentals; amending Minnesota Statutes 2008, section 157.15, by adding a subdivision.

 

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


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 499

      Solberg; Brod; Gardner; Zellers; Tillberry; Carlson; Davids; Simon; Kath; Davnie; Hilstrom; Anderson, S.; Kohls; Reinert; Lanning; Eastlund; Kahn; Peppin; Hoppe; Emmer; Holberg; Nelson and Peterson introduced:

 

      H. F. No. 1073, A bill for an act relating to taxation; income; extending the exception to minimum contacts required for jurisdiction to ownership of property on the premises of a printer under specific circumstances; amending Minnesota Statutes 2008, section 290.015, subdivision 3.

 

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

 

 

      Abeler, Newton, Hackbarth, Dittrich and Hortman introduced:

 

      H. F. No. 1074, A bill for an act relating to highways; authorizing use by the county of Anoka of a design-build process to award contract for construction of intersection of U.S. Highway 10 and County State-Aid Highway 83.

 

      The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

 

 

      Hackbarth introduced:

 

      H. F. No. 1075, A bill for an act relating to game and fish; exempting donated venison from certain food laws; eliminating nonresident hunting license surcharge; removing deer processing as an allowable use of revenue from certain donations and surcharges; repealing hunter-harvested venison donation program; amending Minnesota Statutes 2008, sections 31.01, subdivision 3; 97A.055, subdivision 4; 97A.065, subdivision 6; 97A.475, subdivisions 3, 3a; 97A.485, subdivision 7; repealing Minnesota Statutes 2008, section 17.035.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Abeler; Gottwalt; Murphy, E., and Loeffler introduced:

 

      H. F. No. 1076, A bill for an act relating to health; prohibiting billing for correcting adverse health care events; proposing coding for new law in Minnesota Statutes, chapter 62J.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Murphy, E.; Anzelc and Slawik introduced:

 

      H. F. No. 1077, A bill for an act relating to health occupation; licensing respiratory therapists; amending Minnesota Statutes 2008, sections 147C.01; 147C.05; 147C.10; 147C.15; 147C.20; 147C.25; 147C.30; 147C.35; 147C.40.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 500

      Thissen, Hilty, Mahoney and Bly introduced:

 

      H. F. No. 1078, A bill for an act relating to energy; establishing policy encouraging renewable production of thermal energy; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

      The bill was read for the first time and referred to the Energy Finance and Policy Division.

 

 

      Severson, Drazkowski, Gottwalt, Doepke and Downey introduced:

 

      H. F. No. 1079, A bill for an act relating to state government; reducing salary for legislators and constitutional officers; amending Minnesota Statutes 2008, section 3.099, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 4; 5; 6; 8.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Norton and McFarlane introduced:

 

      H. F. No. 1080, A bill for an act relating to education; clarifying the definition of comprehensive scientifically based reading instruction; making requirements of prekindergarten through grade six teachers; creating an assessment of reading instruction; providing for a legislative review of Board of Teaching rules; amending Minnesota Statutes 2008, sections 122A.06, subdivision 4; 122A.18, subdivisions 2, 2a, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Mahoney, Gunther, Nelson, Poppe, Severson, Kalin, Obermueller and Bly introduced:

 

      H. F. No. 1081, A bill for an act relating to economic development; expanding eligibility for the small business growth acceleration program; requiring matching funds; appropriating money; amending Minnesota Statutes 2008, section 116O.115, subdivisions 2, 4.

 

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

 

 

      Beard, Buesgens and Anzelc introduced:

 

      H. F. No. 1082, A bill for an act relating to gambling; pari-mutuel horse racing; providing for occupational licenses; amending Minnesota Statutes 2008, section 240.08, by adding a subdivision.

 

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

 

 

      Mullery introduced:

 

      H. F. No. 1083, A bill for an act relating to government data practices; clarifying and modifying laws governing access to data; amending Minnesota Statutes 2008, sections 13.05, subdivision 4, by adding a subdivision; 13D.05, subdivision 3; 125A.21, subdivision 5.

 

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


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 501

      Howes and Thao introduced:

 

      H. F. No. 1084, A bill for an act relating to health occupations; requiring licensure for clinical perfusionist; establishing fees; requiring rulemaking; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 147A.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Thissen; Murphy, E.; Thao and Huntley introduced:

 

      H. F. No. 1085, A bill for an act relating to long-term care; creating the long-term care benefits trust fund; establishing the long-term care financing program and a governing board; requiring actuarial studies; imposing an income tax to fund long-term care benefits; exempting benefits from income taxation; allowing disclosure of tax data to administer the program; appropriating money; amending Minnesota Statutes 2008, sections 270B.14, by adding a subdivision; 290.01, subdivision 19b; 290.06, by adding a subdivision; 290.62; proposing coding for new law in Minnesota Statutes, chapter 16A; proposing coding for new law as Minnesota Statutes, chapter 256N.

 

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

 

 

      Wagenius, Dill, Solberg, Eken and Hausman introduced:

 

      H. F. No. 1086, A bill for an act relating to natural resources; providing oversight and establishing criteria for expenditures from the parks and trails fund, outdoor heritage fund, clean water fund, and environment and natural resources trust fund; amending Minnesota Statutes 2008, sections 3.303, by adding a subdivision; 3.971, by adding a subdivision; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by adding subdivisions; 114D.50; 116P.05, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Hilstrom and Hayden introduced:

 

      H. F. No. 1087, A bill for an act relating to juvenile justice; prohibiting the preadjudication detention of certain children; requiring a risk assessment instrument to assist in preadjudication detention release decisions; requiring community-based noncustodial supervision options for children released from preadjudication detention; appropriating money; amending Minnesota Statutes 2008, sections 260B.176, subdivision 1, by adding subdivisions; 260B.178, subdivision 1.

 

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

 

 

      Swails and Lieder introduced:

 

      H. F. No. 1088, A bill for an act relating to public safety; commercial motor vehicle operators; conforming commercial driver's license record-keeping requirements to federal regulations; proposing coding for new law in Minnesota Statutes, chapter 171.

 

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


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 502

      Ruud introduced:

 

      H. F. No. 1089, A bill for an act relating to children; defining kinship care; proposing coding for new law in Minnesota Statutes, chapter 257C.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Ruud introduced:

 

      H. F. No. 1090, A bill for an act relating to children; authorizing relative caretaker consent to certain matters affecting a child; providing a relative caretaker consent authorization form; proposing coding for new law in Minnesota Statutes, chapter 257C.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 162 and 213.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 162, A bill for an act relating to health; extending moratorium on radiation therapy facility construction in certain counties; amending Minnesota Statutes 2008, section 144.5509.

 

The bill was read for the first time.

 

Thissen moved that S. F. No. 162 and H. F. No. 177, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 213, A bill for an act relating to health; providing that WIC coupons may be used to purchase cost-neutral organic food; 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 Care and Human Services Policy and Oversight.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 503

FISCAL CALENDAR

 

 

      Pursuant to rule 1.22, Solberg requested immediate consideration of H. F. No. 886.

 

 

      H. F. No. 886 was reported to the House.

 

 

Cornish and Murdock moved to amend H. F. No. 886 as follows:

 

Page 1, after line 8, insert:

 

"None of these funds may be used to create or maintain a list of firearms owners in the State of Minnesota."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Cornish and Murdock amendment and the roll was called.  There were 63 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Brod

Brown

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Emmer

Faust

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Hosch

Howes

Jackson

Juhnke

Kalin

Kath

Kelly

Kiffmeyer

Koenen

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Olin

Otremba

Peppin

Poppe

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Ward

Welti

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Benson

Bigham

Bly

Brynaert

Bunn

Carlson

Champion

Clark

Davnie

Eken

Falk

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Johnson

Kahn

Knuth

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Paymar

Pelowski

Persell

Peterson

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 504

      Magnus, Dettmer, Drazkowski and Brod offered an amendment to H. F. No. 886.

 

 

POINT OF ORDER

 

      Thissen raised a point of order pursuant to rule 3.21 that the Magnus et al amendment was not in order. The Speaker ruled the point of order well taken and the Magnus et al amendment out of order.

 

 

      Seifert appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 83 yeas and 49 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Olin

Otremba

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

Nornes, Gunther and Drazkowski moved to amend H. F. No. 886 as follows:

 

Page 1, line 8, after "2010" insert "to maintain undergraduate tuition rates for the next two academic years at the University of Minnesota and the Minnesota State Colleges and Universities at the undergraduate tuition rate for academic year 2008-2009"

 

 

      A roll call was requested and properly seconded.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 505

      The question was taken on the Nornes et al amendment and the roll was called.  There were 54 yeas and 78 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Faust

Fritz

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Jackson

Kath

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McNamara

Murdock

Nornes

Otremba

Peppin

Reinert

Rosenthal

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Sterner

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McFarlane

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Paymar

Pelowski

Persell

Peterson

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Severson, Gunther, Drazkowski and Dettmer moved to amend H. F. No. 886 as follows:

 

Page 1, line 6, delete "any" and insert "the governor may use all or part of any forecasted"

 

Page 1, line 7, delete everything after "2009"

 

Page 1, delete line 8 and insert "to replace, at the governor's discretion, any local government aid, county program aid, or residential market value homestead credit that was unalloted in fiscal year 2009 under Minnesota Statutes, section 16A.152, subdivision 4."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Severson et al amendment and the roll was called.  There were 41 yeas and 91 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Cornish

Davids

Dean

Demmer

Dettmer

Dittrich

Doepke

Drazkowski

Eastlund

Faust

Gottwalt

Gunther

Hamilton

Howes

Jackson

Kath

Kelly

Kiffmeyer

Lanning


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 506

Magnus

McFarlane

McNamara

Murdock

Nornes

Otremba

Reinert

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Davnie

Dill

Downey

Eken

Emmer

Falk

Fritz

Gardner

Garofalo

Greiling

Hackbarth

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Mahoney was excused for the remainder of today's session.

 

 

Kohls moved to amend H. F. No. 886 as follows:

 

Page 1, after line 8, insert:

 

"Sec. 2.  LEGISLATIVE APPROPRIATION. 

 

Notwithstanding Minnesota Statutes, sections 3.3005 and 4.07, all federal funds received by the state of Minnesota under the American Recovery and Reinvestment Act of 2009 for expenditure beginning in fiscal year 2010, must be directly appropriated in a law enacted after February 18, 2009.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Kohls amendment and the roll was called.  There were 53 yeas and 78 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brown

Buesgens

Bunn

Cornish

Davids

Dean

Dettmer

Downey

Drazkowski

Eastlund

Emmer

Faust

Garofalo


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 507

Gottwalt

Gunther

Hackbarth

Hamilton

Hansen

Holberg

Hoppe

Howes

Kath

Kelly

Kiffmeyer

Kohls

Lanning

Mack

Magnus

McNamara

Morgan

Murdock

Nornes

Obermueller

Peppin

Poppe

Rosenthal

Sanders

Scalze

Scott

Seifert

Severson

Shimanski

Smith

Sterner

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brynaert

Carlson

Champion

Clark

Davnie

Demmer

Dill

Dittrich

Doepke

Eken

Falk

Fritz

Gardner

Greiling

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Jackson

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mariani

Marquart

Masin

McFarlane

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Reinert

Rukavina

Ruud

Sailer

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Drazkowski, Dettmer, Mack, Kelly, Emmer, Downey and Dean moved to amend H. F. No. 886 as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  REFUSAL OF FUNDS FOR CONTINUING OBLIGATIONS. 

 

Notwithstanding any law to the contrary, neither the governor of Minnesota nor the legislature may accept any federal funds under the American Recovery and Reinvestment Act of 2009 if the acceptance of those funds creates an ongoing obligation of the state of Minnesota.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Benson and Swails were excused for the remainder of today's session.

 

 

Zellers moved to amend H. F. No. 886 as follows:

 

Page 1, line 6, before "Notwithstanding" insert "(a)"


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 508

Page 1, after line 8, insert:

 

"(b) In order to facilitate rapid creation of jobs in the state, the environmental quality board shall ensure that a 90 day review and permitting process is used for any capital project requiring an environmental impact statement or an environmental assessment that uses funds carried forward under this section."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Zellers amendment and the roll was called.  There were 49 yeas and 80 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Brown

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Kalin

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

Murdock

Nornes

Obermueller

Peppin

Poppe

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brynaert

Bunn

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Jackson

Johnson

Juhnke

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mariani

Marquart

Masin

McNamara

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Holberg moved to amend H. F. No. 886 as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  STIMULUS FUNDS IN THE FORECAST. 


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 509

Notwithstanding Minnesota Statutes, section 16A.103, subdivision 1a, or any other law to the contrary, the February forecast of state revenues under Minnesota Statutes, section 16A.103, must exclude any federal funds projected to be received under the American Recovery and Reinvestment Act of 2009.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Holberg amendment and the roll was called  There were 47 yeas and 82 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Kelly

Kiffmeyer

Kohls

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Norton

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Brod moved to amend H. F. No. 886 as follows:

 

Page 1, after line 8, insert:


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 510

"Sec. 2.  BALANCED BUDGET REQUIREMENT. 

 

Notwithstanding any law to the contrary, a budget enacted for fiscal years 2010 and 2011 must also provide for a balanced general fund budget in fiscal years 2012 and 2013.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      Solberg moved to amend the Brod amendment to H. F. No. 886 as follows:

 

      Page 1, line 4, after "budget" insert "proposed by the Governor and"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.               There were 126 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lenczewski

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Demmer

Lanning

Lesch


 

 

      The motion prevailed and the amendment to the amendment was adopted.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 511

      Brod modified her amendment, as amended by the Solberg amendment, as follows:

 

      Page 1, line 4, delete "and" and insert "or"

 

 

      Sertich moved to amend the modified Brod amendment, as amended, to H. F. No. 886 as follows:

 

      Page 1 line 4, delete "or" and insert "and"

 

 

      A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

      Kohls raised a point of order pursuant to section 420 of "Mason's Manual of Legislative Procedure," relating to Equivalent Amendments.  The Speaker ruled the point of order not well taken.

 

 

      The question recurred on the Sertich amendment to the Brod amendment, as amended, and the roll was called.  There were 78 yeas and 50 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Bigham

Bly

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Reinert

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Thao

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Brown

Buesgens

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Peppin

Poppe

Rosenthal

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Thissen

Torkelson

Urdahl

Westrom

Zellers


 

 

      The motion prevailed and the amendment to the amendment, as amended, was adopted.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 512

      The question recurred on the Brod amendment, as amended, and the roll was called.  There were 124 yeas and 4 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Jackson

Johnson

Juhnke

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lenczewski

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Kahn

Lanning

Lesch

Rukavina


 

 

      The motion prevailed and the amendment, as amended, was adopted.

 

 

      Dean, Brod and Peppin offered an amendment to H. F. No. 886, as amended.

 

 

POINT OF ORDER

 

      Hosch raised a point of order pursuant to rule 3.21 that the Dean et al amendment was not in order.  The Speaker ruled the point of order well taken and the Dean et al amendment out of order.

 

 

      Seifert appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 513

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 77 yeas and 52 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mariani

Marquart

Masin

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Jackson

Kath

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Morgan

Murdock

Nornes

Peppin

Rosenthal

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

Downey, Hoppe, Mack and Emmer moved to amend H. F. No. 886, as amended, as follows:

 

Page 1, after line 8, insert:

 

"By June 30, 2011, there must be deposited in the budget reserve account an amount sufficient to make the total amount in the account equal to 33 percent of the amount of money received in the general fund by the state under the American Recovery and Reinvestment Act of 2009 or $500,000,000, whichever is greater."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Downey et al amendment and the roll was called.  There were 54 yeas and 75 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eastlund


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 514

Emmer

Gardner

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Jackson

Kath

Kelly

Kiffmeyer

Kohls

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Obermueller

Otremba

Peppin

Reinert

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Sterner

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Eken

Falk

Faust

Fritz

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Olin

Paymar

Pelowski

Persell

Peterson

Poppe

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      H. F. No. 886, A bill for an act relating to the state budget; exempting allocation of general fund balance at end of fiscal year 2009; requiring governor's general fund budget be balanced for fiscal years 2012 and 2013.

 

 

      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 89 yeas and 40 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mariani

Marquart

Masin

McNamara

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher



Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 515

      Those who voted in the negative were:

 


Anderson, B.

Anderson, P.

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

Murdock

Nornes

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

      Sertich from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bill to be placed on the Calendar for the Day for Monday, February 23, 2009:

 

      S. F. No. 94.

 

 

CALENDAR FOR THE DAY

 

 

      The Speaker called Pelowski to the Chair.

 

 

      S. F. No. 94, A bill for an act relating to claims against the state; clarifying provisions governing the I-35W bridge collapse survivor compensation process; specifying indemnification rights; limiting access to certain records of the special master panel and specifying testimonial privileges; clarifying prohibition on third-party subrogation or recovery claims; amending Minnesota Statutes 2008, sections 3.7393, subdivisions 3, 6, by adding a subdivision; 3.7394, subdivision 4.

 

 

      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 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 516

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Juhnke moved that the name of Sterner be added as an author on H. F. No. 22.  The motion prevailed.

 

      Juhnke moved that the name of Rukavina be added as an author on H. F. No. 47.  The motion prevailed.

 

      Emmer moved that the name of Dittrich be added as an author on H. F. No. 107.  The motion prevailed.

 

      Swails moved that the name of Laine be added as an author on H. F. No. 131.  The motion prevailed.

 

      Demmer moved that the name of Sterner be added as an author on H. F. No. 149.  The motion prevailed.

 

      Sanders moved that the name of Sterner be added as an author on H. F. No. 166.  The motion prevailed.

 

      Brod moved that the name of Sterner be added as an author on H. F. No. 202.  The motion prevailed.

 

      Tillberry moved that the name of Lillie be added as an author on H. F. No. 253.  The motion prevailed.

 

      Dettmer moved that the name of Sterner be added as an author on H. F. No. 320.  The motion prevailed.

 

      Hilstrom moved that the names of Ruud and Dittrich be added as authors on H. F. No. 354.  The motion prevailed.

 

      Ruud moved that the name of Dittrich be added as an author on H. F. No. 358.  The motion prevailed.

 

      Kohls moved that the name of Sterner be added as an author on H. F. No. 396.  The motion prevailed.

 

      Anderson, S., moved that the name of Sterner be added as an author on H. F. No. 399.  The motion prevailed.

 

      Anderson, S., moved that the name of Sterner be added as an author on H. F. No. 400.  The motion prevailed.

 

      Gardner moved that the name of Sterner be added as an author on H. F. No. 418.  The motion prevailed.

 

      Hansen moved that the name of Mullery be added as an author on H. F. No. 424.  The motion prevailed.

 

      Murdock moved that the name of Sterner be added as an author on H. F. No. 452.  The motion prevailed.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 517

      Mariani moved that the name of Ruud be added as an author on H. F. No. 501.  The motion prevailed.

 

      Brown moved that the name of Haws be added as an author on H. F. No. 502.  The motion prevailed.

 

      Paymar moved that the name of Ruud be added as an author on H. F. No. 507.  The motion prevailed.

 

      Bigham moved that the name of Downey be added as an author on H. F. No. 523.  The motion prevailed.

 

      Ruud moved that the name of Lillie be added as an author on H. F. No. 550.  The motion prevailed.

 

      Severson moved that the names of Morrow and Sterner be added as authors on H. F. No. 558.  The motion prevailed.

 

      Sailer moved that the name of Abeler be added as an author on H. F. No. 569.  The motion prevailed.

 

      Slocum moved that the name of Hornstein be added as an author on H. F. No. 623.  The motion prevailed.

 

      Downey moved that the name of Sterner be added as an author on H. F. No. 624.  The motion prevailed.

 

      Dettmer moved that the name of Sterner be added as an author on H. F. No. 671.  The motion prevailed.

 

      Brown moved that the name of Haws be added as an author on H. F. No. 674.  The motion prevailed.

 

      Ward moved that the name of Anderson, P., be added as an author on H. F. No. 693.  The motion prevailed.

 

      Knuth moved that the name of Sterner be added as an author on H. F. No. 704.  The motion prevailed.

 

      Hortman moved that the name of Ward be added as an author on H. F. No. 707.  The motion prevailed.

 

      Sterner moved that the name of Hausman be added as an author on H. F. No. 753.  The motion prevailed.

 

      Ward moved that the names of Urdahl and Anderson, P., be added as authors on H. F. No. 760.  The motion prevailed.

 

      Slocum moved that the name of Sterner be added as an author on H. F. No. 783.  The motion prevailed.

 

      Cornish moved that the name of Davids be added as an author on H. F. No. 800.  The motion prevailed.

 

      Murphy, M., moved that the name of Sterner be added as an author on H. F. No. 825.  The motion prevailed.

 

      Hosch moved that the name of Sterner be added as an author on H. F. No. 830.  The motion prevailed.

 

      Hosch moved that the name of Sterner be added as an author on H. F. No. 831.  The motion prevailed.

 

      Juhnke moved that the name of Sterner be added as an author on H. F. No. 837.  The motion prevailed.

 

      Mahoney moved that the names of Ruud and Dittrich be added as authors on H. F. No. 868.  The motion prevailed.

 

      Marquart moved that the name of Dittrich be added as an author on H. F. No. 873.  The motion prevailed.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 518

      Tillberry moved that the names of Morrow, Kath, Dittrich, Ruud and Slocum be added as authors on H. F. No. 920.  The motion prevailed.

 

      Fritz moved that the name of Peterson be added as an author on H. F. No. 921.  The motion prevailed.

 

      Bly moved that the name of Slocum be added as an author on H. F. No. 932.  The motion prevailed.

 

      Loeffler moved that the name of Slocum be added as an author on H. F. No. 934.  The motion prevailed.

 

      Slocum moved that the names of Masin and Laine be added as authors on H. F. No. 935.  The motion prevailed.

 

      Paymar moved that the name of Slocum be added as an author on H. F. No. 953.  The motion prevailed.

 

      Hilstrom moved that the name of Slocum be added as an author on H. F. No. 963.  The motion prevailed.

 

      Brod moved that the name of Reinert be added as an author on H. F. No. 970.  The motion prevailed.

 

      Bigham moved that the name of Hansen be added as an author on H. F. No. 972.  The motion prevailed.

 

      Swails moved that the names of Morrow, Peterson and Morgan be added as authors on H. F. No. 973.  The motion prevailed.

 

      Gottwalt moved that the name of Beard be added as an author on H. F. No. 974.  The motion prevailed.

 

      Gottwalt moved that the names of Peterson and Beard be added as authors on H. F. No. 975.  The motion prevailed.

 

      Gunther moved that the name of Peterson be added as an author on H. F. No. 976.  The motion prevailed.

 

      Lieder moved that the names of Reinert and Severson be added as authors on H. F. No. 980.  The motion prevailed.

 

      Bunn moved that the names of Simon, Reinert and Laine be added as authors on H. F. No. 990.  The motion prevailed.

 

      Dill moved that the names of Davnie and Peterson be added as authors on H. F. No. 992.  The motion prevailed.

 

      Seifert moved that the names of Downey, Beard, Buesgens and Kiffmeyer be added as authors on H. F. No. 997.  The motion prevailed.

 

      Emmer moved that the name of Beard be added as an author on H. F. No. 998.  The motion prevailed.

 

      Mullery moved that the name of Slocum be added as an author on H. F. No. 999.  The motion prevailed.

 

      Mahoney moved that the name of Eastlund be added as an author on H. F. No. 1003.  The motion prevailed.

 

      Sanders moved that H. F. No. 166, now on the General Register, be re-referred to the Committee on Public Safety Policy and Oversight.  The motion prevailed.


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 519

      Jackson moved that H. F. No. 332, now on the General Register, be re-referred to the Committee on State and Local Government Operations Reform, Technology and Elections.  The motion prevailed.

 

      Thissen moved that H. F. No. 458 be recalled from the Committee on Environment Policy and Oversight and be re-referred to the Committee on Commerce and Labor.  The motion prevailed.

 

      Abeler moved that H. F. No. 506 be recalled from the Committee on Health Care and Human Services Policy and Oversight and be re-referred to the Committee on Finance.  The motion prevailed.

 

      Hosch moved that H. F. No. 703 be recalled from the Committee on Health Care and Human Services Policy and Oversight and be re-referred to the Committee on Finance.  The motion prevailed.

 

      Greiling moved that H. F. No. 973 be recalled from the Committee on K-12 Education Policy and Oversight and be re-referred to the Committee on Finance.  The motion prevailed.

 

 

ADJOURNMENT

 

      Sertich moved that when the House adjourns today it adjourn until 10:30 a.m., Thursday, February 26, 2009.  The motion prevailed.

 

 

      Sertich moved that the House adjourn.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Sertich motion and the roll was called.  There were 79 yeas and 43 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, P.

Beard

Brod

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Kelly

Kohls

Loon

Mack

Magnus

McFarlane

McNamara

Murdock


Journal of the House - 14th Day - Monday, February 23, 2009 - Top of Page 520

Nornes

Obermueller

Peppin

Rosenthal

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom


 

 

      The motion prevailed, and Speaker pro tempore Pelowski declared the House stands adjourned until 10:30 a.m., Thursday, February 26, 2009.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives