STATE OF MINNESOTA
EIGHTY-SEVENTH SESSION - 2011
_____________________
SEVENTEENTH DAY
Saint Paul, Minnesota, Monday, February 21,
2011
The House of Representatives convened at 4:00
p.m. and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by the Reverend Bob
Battle, Berean Church of God in Christ, St. Paul, 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, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Falk, Greene, Hamilton, Laine and Stensrud
were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Kurt Zellers
Speaker of
the House of Representatives
The
Honorable Michelle L. Fischbach
President
of the Senate
I have the honor to inform you that the
following enrolled Act of the 2011 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2011 |
Date Filed 2011 |
139 2 4:35 p.m.
February 17 February
17
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Davids from
the Committee on Taxes to which was referred:
H. F. No. 66,
A bill for an act relating to the state budget; budget priorities; repealing
the political contribution refund; amending Minnesota Statutes 2010, sections
270A.03, subdivision 7; 289A.50, subdivision 1; 290.01, subdivision 6;
repealing Minnesota Statutes 2010, sections 10A.322, subdivision 4; 13.4967,
subdivision 2; 290.06, subdivision 23.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Government Operations and Elections.
The report was adopted.
Holberg from the Committee on Ways and Means to which was
referred:
H. F. No. 103, A bill for an act relating to
unemployment insurance; modifying certain eligibility and extension provisions;
amending Minnesota Statutes 2010, section 268.085, subdivision 9.
Reported the same back with the following amendments:
Page 2, line 9, after the period, insert "This
section expires when federal law no longer allows a three-year lookback period."
With the recommendation that when so amended the bill pass.
The report was adopted.
Gottwalt from the Committee on Health and Human Services
Reform to which was referred:
H. F. No. 199, A bill for an act relating to
health; providing a statement of public policy declaring that every resident of
Minnesota has the freedom of choice in health care; amending Minnesota Statutes
2010, section 8.31, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 1; repealing Minnesota Statutes 2010, sections 256B.055,
subdivision 15; 256B.0756; Laws 2010, First Special Session chapter 1, article
16, sections 6; 7; 18; 46; 47.
Reported the same back with the following amendments:
Page 3, delete section 3
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Government Operations and Elections.
The report was adopted.
Westrom from the Committee on Civil Law to which was
referred:
H. F. No. 211, A bill for an act relating to
civil actions; modifying remedies related to certain unlawful or deceptive
trade practice actions; permitting appeals of certain court orders related to
class actions; amending Minnesota Statutes 2010, section 8.31, subdivision 3a,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 540.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2010, section 8.31, subdivision 3a, is amended to read:
Subd. 3a. Private remedies. In addition to the remedies otherwise
provided by law and subject to subdivision 3d, any person injured by a
violation of any of the laws referred to in subdivision 1 may bring a civil
action and recover damages, together with costs and disbursements, including
costs of investigation and reasonable attorney's fees, and receive other
equitable relief as determined by the court.
The court may, as appropriate, enter a consent judgment or decree
without the finding of illegality. In
any action brought by the attorney general pursuant to this section, the court
may award any of the remedies allowable under this subdivision.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 2. Minnesota
Statutes 2010, section 8.31, is amended by adding a subdivision to read:
Subd. 3d.
Private remedies for Unlawful
Trade Practices Act, Prevention of Consumer Fraud Act, and False Statement in
Advertisement Act. To recover
damages in a civil action pursuant to subdivision 3a for violations of the
Unlawful Trade Practices Act (sections 325D.09 to 325D.16), Prevention of
Consumer Fraud Act (sections 325F.68 to 325F.70), the False Statement in
Advertisement Act (section 325F.67), or other laws against false or fraudulent
advertising, detrimental reliance upon the alleged deceptive, false, or
misleading act, practice, statement, or omission must be pleaded and proved. No award of damages may be made in an action
covered by this subdivision without proof that the person or persons seeking
damages suffered an out-of-pocket loss.
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies to actions that accrue on or after that
date.
Sec. 3. [540.19] CLASS ACTIONS; INTERLOCUTORY
APPEAL.
A court order certifying a class action, refusing to certify a
class action, or denying a motion to decertify a class action is appealable as
a matter of right. While an appeal under
this subdivision is pending, all discovery and other proceedings in the
district court are automatically stayed, except that upon the motion of a party
the district court may lift the stay, in whole or in part, for good cause
shown.
EFFECTIVE
DATE. This section is effective July 1,
2011, and applies to orders issued on or after that date."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Judiciary Policy and Finance.
The report was adopted.
Urdahl from the Legacy Funding Division to which was referred:
H. F. No. 245, A bill for an act relating to
arts; creating regional capital fund for arts organizations; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 129D.
Reported the same back with the following amendments:
Page 1, line 9, before "or" insert "refinancing,"
Page 1, line 12, delete "five" and insert
"ten"
With the recommendation that when so amended the bill be
re-referred to the Committee on Government Operations and Elections without
further recommendation.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 103 was read for
the second time.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
The following House Files were introduced:
Anderson, B., and Shimanski introduced:
H. F. No. 608, A bill for an act relating
to the city of Clearwater; modifying local sales tax provisions; amending Laws
2008, chapter 366, article 7, section 19, subdivision 3.
The bill was read for the first time and
referred to the Committee on Taxes.
Smith, Gauthier, Hilty, Nornes and
McDonald introduced:
H. F. No. 609, A bill for an act relating
to public safety; authorizing grants from fire safety account to local fire
departments; amending Minnesota Statutes 2010, section 299F.012.
The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Hilty; Rukavina; Anderson, P.; Tillberry;
Hackbarth; Sanders and Koenen introduced:
H. F. No. 610, A bill for an act relating
to transportation; providing for funding of transportation through new
regulations governing checkbook money created by state-chartered banks;
providing a penalty; proposing coding for new law in Minnesota Statutes,
chapter 161.
The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
Gunther, Howes, Lanning, Mahoney and
Urdahl introduced:
H. F. No. 611, A bill for an act relating
to economic development; creating a small business loan guarantee program;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 116J.
The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
Howes, Ward, Persell and LeMieur
introduced:
H. F. No. 612, A bill for an act relating
to natural resources; appropriating money for the upper Mississippi
comprehensive plan.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Kelly introduced:
H. F. No. 613, A bill for an act relating
to local government; providing for terms for members of the Red Wing Port
Authority; amending Minnesota Statutes 2010, section 469.081, by adding a
subdivision.
The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
Kelly and Norton introduced:
H. F. No. 614, A bill for an act relating
to health; regulating dental laboratories; proposing coding for new law as
Minnesota Statutes, chapter 150B.
The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
Buesgens, Simon, Beard, Leidiger and
Hausman introduced:
H. F. No. 615, A bill for an act relating
to drivers' licenses; modifying driver education requirements for obtaining an
instruction permit; amending Minnesota Statutes 2010, section 171.05,
subdivision 2.
The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
Gunther and Davids introduced:
H. F. No. 616, A bill for an act relating
to taxation; providing exemption from property taxation of personal property of
an electric generation facility; amending Minnesota Statutes 2010, section
272.02, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Taxes.
Woodard, McFarlane and Mariani introduced:
H. F. No. 617, A bill for an act relating
to education; aligning AmeriCorps Innovation to federal law; amending Minnesota
Statutes 2010, sections 124D.36; 124D.38, subdivision 3; 124D.39; 124D.40;
124D.42, subdivision 6; 124D.44; 124D.45, subdivision 2; repealing Minnesota
Statutes 2010, section 124D.38, subdivisions 4, 5, 6.
The bill was read for the first time and
referred to the Committee on Education Reform.
Beard, Dill and Fabian introduced:
H. F. No. 618, A bill for an act relating
to energy; modifying and clarifying provisions related to innovative energy
projects; amending Minnesota Statutes 2010, section 216B.1694.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Dill and Hackbarth introduced:
H. F. No. 619, A bill for an act relating
to game and fish; removing deer, moose, and elk stand height restrictions;
amending Minnesota Statutes 2010, section 97B.325; repealing Minnesota Statutes
2010, sections 97B.511; 97B.515, subdivision 3.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Dill and Hackbarth introduced:
H. F. No. 620, A bill for an act relating
to game and fish; allowing use of a drum while baiting bear; proposing coding
for new law in Minnesota Statutes, chapter 97B.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Dill and Hackbarth introduced:
H. F. No. 621, A bill for an act relating
to counties; providing a coyote and beaver conflict management option;
proposing coding for new law in Minnesota Statutes, chapter 348.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Morrow introduced:
H. F. No. 622, A bill for an act relating
to agriculture; appropriating money for the veterinary diagnostic laboratory at
the University of Minnesota.
The bill was read for the first time and
referred to the Committee on Higher Education Policy and Finance.
Dill and Hackbarth introduced:
H. F. No. 623, A bill for an act relating
to game and fish; modifying bear hunting license drawing provisions; amending
Minnesota Statutes 2010, section 97B.405.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Dill introduced:
H. F. No. 624, A bill for an act relating
to capital improvements; appropriating money for the Clair A. Nelson Memorial
Forest; authorizing the sale and issuance of state bonds.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Anderson, P., introduced:
H. F. No. 625, A bill for an act relating
to civil law; providing certain liability protections for those grazing
livestock on state land; proposing coding for new law in Minnesota Statutes,
chapter 604A.
The bill was read for the first time and
referred to the Committee on Civil Law.
Anderson, P., and Swedzinski introduced:
H. F. No. 626, A bill for an act relating
to agriculture; appropriating money for ethanol blender pump grants.
The bill was read for the first time and
referred to the Committee on Agriculture and Rural Development Policy and
Finance.
Howes, Gunther, Anzelc, Zellers, Persell,
Ward, LeMieur, Murdock, Hancock, Nornes, Garofalo and Gottwalt introduced:
H. F. No. 627, A bill for an act relating
to education; prohibiting pre-Labor Day start date for flexible learning year
programs; amending Minnesota Statutes 2010, sections 120A.40; 124D.126, subdivision
2.
The bill was read for the first time and
referred to the Committee on Education Reform.
Smith introduced:
H. F. No. 628, A bill for an act relating
to public safety; providing penalties for employers hiring illegal immigrants;
adding documents that are included in the crime of aggravated forgery;
increasing penalty for aggravated forgery; establishing sex trafficking as a
separate crime from the promotion of prostitution; amending Minnesota Statutes
2010, sections 609.281, subdivision 4, by adding subdivisions; 609.282,
subdivisions 1, 2; 609.321, subdivision 7a; 609.625, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
Dettmer introduced:
H. F. No. 629, A bill for an act relating
to property taxation; allowing certain expenditures by nonprofit
community-service organizations to be considered charitable contributions to
qualify for a reduced property tax classification; amending Minnesota Statutes
2010, section 273.13, subdivision 25.
The bill was read for the first time and
referred to the Committee on Taxes.
Benson, M.; Lenczewski; Runbeck; Quam;
Drazkowski and Lanning introduced:
H. F. No. 630, A bill for an act relating
to taxation; property; authorizing a valuation exclusion for certain
improvements to homestead properties; amending Minnesota Statutes 2010, section
273.11, subdivision 16.
The bill was read for the first time and
referred to the Committee on Taxes.
Dill introduced:
H. F. No. 631, A bill for an
act relating to state lands; authorizing public and private sales of certain
tax-forfeited land.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Howes introduced:
H. F. No. 632, A bill for an act relating
to labor and industry; allowing limited transfer of restricted plumber
licenses; amending Minnesota Statutes 2010, section 326B.475, subdivision 5.
The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
Benson, M.; Banaian; Lohmer; Scott and
Sanders introduced:
H. F. No. 633, A bill for an act relating
to taxation; sales and use; allowing capital equipment exemption at time of
purchase; amending Minnesota Statutes 2010, sections 297A.68, subdivision 5;
297A.75.
The bill was read for the first time and
referred to the Committee on Taxes.
Tillberry introduced:
H. F. No. 634, A bill for an act relating
to transportation; appropriating money for trunk highway improvement;
authorizing sale of trunk highway bonds.
The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
Hackbarth introduced:
H. F. No. 635, A bill for an act relating
to natural resources; eliminating Department of Natural Resources programs that
duplicate private market activities.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Smith introduced:
H. F. No. 636, A bill for an act relating
to public safety; expanding the time period in which an offender is considered
to be in a position of authority over a victim for purposes of the criminal
sexual conduct laws; amending Minnesota Statutes 2010, sections 609.341,
subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
subdivision 1; 609.345, subdivision 1.
The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Drazkowski; Kelly; Downey; Urdahl; Benson,
M.; Quam and Scott introduced:
H. F. No. 637, A bill for an act relating
to health; modifying an exemption to the food, beverage, and lodging establishments
statutes; amending Minnesota Statutes 2010, section 157.22.
The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
Myhra, Erickson, Garofalo, Crawford, Loon,
Barrett and Woodard introduced:
H. F. No. 638, A bill for an act relating
to education; creating a school grading system; creating a school recognition
program; modifying school report cards; authorizing rulemaking; requiring a
report; amending Minnesota Statutes 2010, section 120B.36, subdivision 1, by
adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapter 120B.
The bill was read for the first time and
referred to the Committee on Education Reform.
Kiel and Fabian introduced:
H. F. No. 639, A bill for an act relating
to capital investment; appropriating money for an aviation maintenance
expansion project at Northland Community and Technical College; authorizing the
sale and issuance of state bonds.
The bill was read for the first time and
referred to the Committee on Higher Education Policy and Finance.
Slocum, Cornish, Smith, Johnson, Slawik
and Gauthier introduced:
H. F. No. 640, A bill for an act relating
to public safety; requiring background checks for individuals appointed to
coroner or medical examiner staff; amending Minnesota Statutes 2010, section
390.05.
The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Slocum; Benson, J.; Slawik; Mariani;
Greiling and Gauthier introduced:
H. F. No. 641, A bill for an act relating
to education; requiring cultural competency training for teachers and school
administrators seeking to renew their professional license; amending Minnesota
Statutes 2010, sections 122A.09, subdivision 4; 122A.14, subdivision 3.
The bill was read for the first time and
referred to the Committee on Education Reform.
Slocum, Cornish, Smith, Johnson, Slawik,
Gauthier and Fritz introduced:
H. F. No. 642, A bill for an act relating
to public safety; providing for a child certified as an adult to be detained in
a juvenile facility prior to trial and verdict; amending Minnesota Statutes
2010, section 260B.125, subdivision 8.
The bill was read for the first time and
referred to the Committee on Judiciary Policy and Finance.
Slawik introduced:
H. F. No. 643, A bill for an act relating
to capital investment; appropriating money for Oak Park Heights pedestrian
tunnel; authorizing the sale and issuance of state bonds.
The bill was read for the first time and
referred to the Committee on Jobs and Economic Development Finance.
Simon, Slocum and Murphy, E., introduced:
H. F. No. 644, A bill for an act relating
to assisted reproduction; modifying certain provisions related to
determinations of paternity and maternity; amending Minnesota Statutes 2010,
sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1.
The bill was read for the first time and
referred to the Committee on Civil Law.
Mullery introduced:
H. F. No. 645, A bill for an act relating
to economic development; establishing grant program for collaborative
activities to reduce unemployment among minority populations; appropriating
money.
The bill was read for the first time and
referred to the Committee on Jobs and Economic Development Finance.
Davnie, Moran, Wagenius, Loeffler,
Greiling and Hornstein introduced:
H. F. No. 646, A bill for an act relating
to health; establishing a right to reproductive privacy; proposing coding for
new law as Minnesota Statutes, chapter 145D.
The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Mr. Speaker:
I hereby announce that
the Senate refuses to concur in the House amendments to the following Senate
File:
S. F. No. 4, A bill
for an act relating to energy; regulating and monitoring decommissioning of
nuclear power plants and disposal of used fuel; abolishing prohibition on
issuing certificate of need for new nuclear power plant; amending Minnesota
Statutes 2010, section 216B.243, subdivision 3b; proposing coding for new law
in Minnesota Statutes, chapter 216B.
The Senate respectfully
requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Koch, Rosen and
Scheid.
Said Senate File is
herewith transmitted to the House with the request that the House appoint a
like committee.
Cal R. Ludeman,
Secretary of the Senate
Peppin
moved that the House accede to the request of the Senate and that the Speaker
appoint a Conference Committee of 3 members of the House to meet with a like
committee appointed by the Senate on the disagreeing votes of the two houses on
S. F. No. 4. The motion
prevailed.
MOTIONS AND RESOLUTIONS
Hortman
moved that the name of Tillberry be added as an author on
H. F. No. 95. The motion
prevailed.
Mahoney
moved that the name of McFarlane be added as an author on
H. F. No. 102. The motion
prevailed.
Murray
moved that the name of Lanning be added as an author on
H. F. No. 103. The motion
prevailed.
Anderson,
P., moved that the name of O'Driscoll be added as an author on
H. F. No. 106. The motion
prevailed.
Downey
moved that the names of Anderson, B.; Stensrud and Murray be added as authors
on H. F. No. 178. The
motion prevailed.
Holberg
moved that the name of Morrow be added as an author on
H. F. No. 235. The motion
prevailed.
Hansen
moved that the name of Atkins be added as an author on
H. F. No. 277. The motion
prevailed.
Scott
moved that the name of Cornish be added as an author on
H. F. No. 322. The motion
prevailed.
Holberg
moved that the name of Bills be added as chief author on
H. F. No. 329. The motion
prevailed.
Kieffer
moved that her name be stricken as an author on
H. F. No. 333. The motion
prevailed.
Kelly
moved that the name of Leidiger be added as an author on
H. F. No. 387. The motion
prevailed.
Benson,
J., moved that the name of Greiling be added as an author on
H. F. No. 388. The motion
prevailed.
Simon
moved that the name of Tillberry be added as an author on
H. F. No. 406. The motion
prevailed.
Runbeck
moved that the name of Lenczewski be added as an author on
H. F. No. 481. The motion
prevailed.
Kieffer
moved that the name of Lohmer be added as an author on
H. F. No. 532. The motion
prevailed.
McFarlane
moved that the names of Morrow and Kath be added as authors on
H. F. No. 535. The motion
prevailed.
Urdahl
moved that the names of Koenen, Eken and Anzelc be added as authors on
H. F. No. 537. The motion
prevailed.
Slawik
moved that the name of Persell be added as an author on
H. F. No. 541. The motion
prevailed.
Buesgens
moved that the name of Lohmer be added as an author on
H. F. No. 543. The motion
prevailed.
Cornish
moved that the name of Morrow be added as an author on
H. F. No. 549. The motion
prevailed.
Greene
moved that the name of Tillberry be added as an author on
H. F. No. 552. The motion
prevailed.
Smith
moved that the name of Simon be added as an author on
H. F. No. 556. The motion
prevailed.
Beard
moved that the name of Nelson be added as an author on
H. F. No. 561. The motion
prevailed.
Smith
moved that the name of McElfatrick be added as an author on
H. F. No. 565. The motion
prevailed.
Kahn
moved that the name of Nelson be added as an author on
H. F. No. 568. The motion
prevailed.
Eken
moved that the name of Hancock be added as an author on
H. F. No. 572. The motion
prevailed.
Ward
moved that the name of Morrow be added as an author on
H. F. No. 580. The motion
prevailed.
Beard
moved that the name of Woodard be added as an author on
H. F. No. 587. The motion
prevailed.
Loon
moved that the name of Downey be added as an author on
H. F. No. 600. The motion
prevailed.
MOTION TO FIX TIME TO CONVENE
Dean moved that when the House adjourns
today it adjourn until 3:00 p.m., Thursday, February 24, 2011. The motion prevailed.
Abeler was excused for the remainder of
today's session.
Dean moved that the House recess subject
to the call of the Chair to meet with the Senate in Joint Convention to elect
members of the Board of Regents of the University of Minnesota. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
The Sergeant at Arms announced the arrival
of the members of the Senate and they were escorted to the seats reserved for
them at the front of the Chamber.
JOINT CONVENTION
The Speaker of the House, as President of
the Joint Convention, called the Joint Convention to order.
Prayer was offered by the Reverend Bob
Battle, Berean Church of God in Christ, St. Paul, Minnesota.
The roll being called, the following
Senators answered to their names:
Anderson, Bakk and Benson.
Senator Koch moved that further
proceedings of the roll call be suspended.
The motion prevailed and a quorum was declared present.
RECOMMENDATIONS FROM THE JOINT LEGISLATIVE COMMITTEE FOR
CANDIDATES
FOR VACANCIES ON THE BOARD OF REGENTS OF THE UNIVERSITY OF
MINNESOTA
February 17, 2011
Dear Speaker Zellers, Majority Leader
Koch, and Minority Leaders Thissen and Bakk:
Pursuant to Minnesota Statutes 2010,
section 137.0246, subdivision 2, the Joint Legislative Committee met on
February 16, 2011 to consider candidates for vacancies on the University of
Minnesota Board of Regents.
The Joint Legislative Committee allowed
all candidates who were recommended by the Regent Candidate Advisory Council an
opportunity to address the Joint Committee and respond to questions. A report was received from the Eighth
Congressional Caucus that voted to select William Burns as their recommended
nominee for the vacancy.
After hearing from all 12 candidates, the
Joint Legislative Committee voted. Based
on a majority vote of the House members and a majority vote of the Senate
members of the Joint Legislative Committee, we respectfully forward the
following names to the Joint Convention of the Senate and the House of
Representatives:
Steve Sviggum is recommended for the
Second Congressional District vacancy;
David Larson is recommended for the Third
Congressional District vacancy;
David McMillan is recommended for the
Eighth Congressional District vacancy; and
Laura Brod is recommended for the At-Large
vacancy.
Respectfully
submitted,
Representative Bud Nornes
Co-Chair
of the Joint Legislative Committee
Senator Michelle L.
Fischbach
Co-Chair
of the Joint Legislative Committee
Thissen moved that the recommendations for
candidates to the Board of Regents be returned to the Joint Legislative
Committee.
A roll call was requested and properly
seconded.
The question was taken on the Thissen
motion and the roll was called. There
were 87 yeas and 105 nays as follows:
SENATE ROLL CALL
Those who voted in the affirmative were:
Anderson
Bakk
Berglin
Bonoff
Cohen
Dibble
Goodwin
Harrington
Higgins
Kelash
Kubly
Langseth
Latz
Lourey
Marty
Metzen
Pappas
Pogemiller
Reinert
Rest
Scheid
Sheran
Sieben
Skoe
Sparks
Stumpf
Tomassoni
Torres Ray
Wiger
Those who voted in the negative were:
Benson
Brown
Carlson
Chamberlain
Dahms
Daley
DeKruif
Fischbach
Gazelka
Gerlach
Gimse
Hall
Hann
Hoffman
Howe
Ingebrigtsen
Jungbauer
Koch
Kruse
Lillie
Limmer
Magnus
Michel
Miller
Nelson
Newman
Nienow
Olson
Ortman
Parry
Pederson
Robling
Rosen
Senjem
Thompson
Vandeveer
HOUSE OF REPRESENTATIVES ROLL CALL
Those who voted in the affirmative were:
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Fritz
Gauthier
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Pres.
Zellers
The motion did not prevail.
Senator Fischbach moved that the
recommendations of the Joint Legislative Committee be now accepted. The motion prevailed.
ELECTION OF MEMBERS TO THE BOARD
OF REGENTS OF THE UNIVERSITY OF MINNESOTA
Pursuant to the Joint Rules of the Senate
and House of Representatives the Joint Convention proceeded to elect Regents
from the three Congressional Districts.
Steve Sviggum was nominated by the Joint
Legislative Committee for the Second Congressional District Regent for a term
of six years.
Thomas Devine was nominated
by Senator Pappas for the Second Congressional District Regent for a term of
six years.
David Larson was nominated by the Joint
Legislative Committee for the Third Congressional District Regent for a term of
six years.
David McMillan was nominated by the Joint
Legislative Committee for the Eighth Congressional District Regent for a term
of six years.
William Burns was nominated by
Representative Gauthier for the Eighth Congressional District Regent for a term
of six years.
There being no further nominations, the
President declared the nominations closed.
The Secretary called the roll.
SECOND CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL
The following members of the Senate voted
for Steve Sviggum:
Benson
Brown
Carlson
Chamberlain
Dahms
Daley
DeKruif
Fischbach
Gazelka
Gerlach
Gimse
Hall
Hann
Hoffman
Howe
Ingebrigtsen
Jungbauer
Koch
Kruse
Lillie
Limmer
Magnus
Michel
Miller
Nelson
Newman
Nienow
Olson
Parry
Pederson
Robling
Rosen
Senjem
Thompson
Vandeveer
The
following member of the House of Representatives voted for Steve
Sviggum:
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hancock
Holberg
Howes
Kahn
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lillie
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Pres. Zellers
Steve Sviggum received 104 votes.
The following members of the Senate voted
for Thomas Devine:
Anderson
Bakk
Berglin
Bonoff
Cohen
Dibble
Goodwin
Harrington
Higgins
Kelash
Kubly
Langseth
Latz
Lourey
Marty
Metzen
Ortman
Pappas
Pogemiller
Rest
Scheid
Sheran
Sieben
Skoe
Sparks
Stumpf
Tomassoni
Torres Ray
Wiger
The
following members of the House of Representatives voted for Thomas
Devine:
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Fritz
Gauthier
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson
Kath
Knuth
Koenen
Lenczewski
Lesch
Liebling
Loeffler
Mahoney
Mariani
Marquart
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Thomas Devine received 86 votes.
Senator Reinert voted for Laura Brod.
Steve Sviggum, having received 104 votes,
a majority of the votes cast, was declared elected Second Congressional
District Regent, for a term of six years.
THIRD CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL
The following members of the Senate voted
for David Larson:
Anderson
Bakk
Benson
Berglin
Bonoff
Brown
Carlson
Chamberlain
Cohen
Dahms
Daley
DeKruif
Dibble
Fischbach
Gazelka
Gerlach
Gimse
Goodwin
Hall
Hann
Harrington
Higgins
Hoffman
Howe
Ingebrigtsen
Jungbauer
Kelash
Koch
Kruse
Kubly
Langseth
Latz
Lillie
Limmer
Lourey
Magnus
Marty
Metzen
Michel
Miller
Nelson
Newman
Nienow
Olson
Ortman
Pappas
Parry
Pederson
Pogemiller
Reinert
Rest
Robling
Rosen
Scheid
Senjem
Sheran
Sieben
Skoe
Sparks
Stumpf
Thompson
Tomassoni
Torres Ray
Vandeveer
Wiger
The following members of the House of
Representatives voted for David Larson:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hancock
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Pres. Zellers
David Larson
received 190 votes.
Representatives Hansen and Poppe voted for
Norman Rickeman.
David Larson, having received 190 votes, a
majority of the votes cast, was declared elected Third Congressional District
Regent, for a term of six years.
EIGHTH CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL
The following members of the Senate voted
for David McMillan:
Anderson
Bakk
Benson
Berglin
Bonoff
Brown
Carlson
Chamberlain
Cohen
Dahms
Daley
DeKruif
Dibble
Fischbach
Gazelka
Gerlach
Gimse
Goodwin
Hall
Hann
Harrington
Higgins
Hoffman
Howe
Ingebrigtsen
Jungbauer
Kelash
Koch
Kruse
Kubly
Langseth
Latz
Lillie
Limmer
Magnus
Metzen
Michel
Miller
Nelson
Newman
Nienow
Olson
Ortman
Pappas
Parry
Pederson
Reinert
Rest
Robling
Rosen
Scheid
Senjem
Sheran
Sieben
Skoe
Sparks
Stumpf
Thompson
Tomassoni
Torres Ray
Vandeveer
Wiger
The following members of the House of
Representatives voted for David McMillan:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Atkins
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hancock
Holberg
Hoppe
Huntley
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Lanning
Leidiger
LeMieur
Lillie
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Simon
Slawik
Smith
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Pres. Zellers
David McMillan received 141 votes.
Senators Lourey, Marty and Pogemiller
voted for William Burns.
The following members of the House of
Representatives voted for William Burns:
Anzelc
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dittrich
Eken
Fritz
Gauthier
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Johnson
Kahn
Koenen
Lenczewski
Lesch
Liebling
Loeffler
Mahoney
Mariani
Marquart
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Persell
Rukavina
Scalze
Slocum
Thissen
Tillberry
Wagenius
Winkler
William Burns received 49 votes.
Representative Howes voted for Robert Ostlund.
Representative Ward voted for Robert Kennedy.
David McMillan, having received 141 votes,
a majority of the votes cast, was declared elected Eighth Congressional
District Regent, for a term of six years.
Knuth was excused for the remainder of
today's session.
Pursuant to the Joint Rules of the Senate
and the House of Representatives the Joint Convention proceeded to elect the
At-Large Regent.
Laura Brod was nominated by the Joint
Legislative Committee for the At-Large Regent for a term of six years.
Steven Hunter was nominated by
Representative Rukavina for the At-Large Regent for a term of six years. The nomination was seconded by Senator
Pappas.
There being no further nominations, the
President declared the nominations closed.
The Secretary called the roll.
AT-LARGE REGENT JOINT ROLL CALL
The following members of the Senate voted
for Brod:
Benson
Brown
Carlson
Chamberlain
Dahms
Daley
DeKruif
Fischbach
Gazelka
Gerlach
Gimse
Hall
Hann
Hoffman
Howe
Ingebrigtsen
Jungbauer
Koch
Kruse
Lillie
Limmer
Magnus
Michel
Miller
Nelson
Newman
Nienow
Olson
Ortman
Parry
Pederson
Robling
Rosen
Senjem
Thompson
Vandeveer
The following members of the House of
Representatives voted for Brod:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hancock
Holberg
Hoppe
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Pres. Zellers
Laura Brod received 104 votes.
The following members of the Senate voted
for Hunter:
Anderson
Bakk
Berglin
Bonoff
Cohen
Dibble
Goodwin
Harrington
Higgins
Kelash
Kubly
Langseth
Latz
Lourey
Marty
Metzen
Pappas
Pogemiller
Reinert
Rest
Scheid
Sheran
Sieben
Skoe
Sparks
Stumpf
Tomassoni
Torres Ray
Wiger
The following members of the House of
Representatives voted for Hunter:
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Fritz
Gauthier
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Koenen
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Steven Hunter received 86 votes.
Laura Brod, having received 104 votes, a
majority of the votes cast, was declared elected At-Large Regent, for a term of
six years.
DECLARATION OF ELECTION
Steve Sviggum, Second Congressional
District Regent, Six Years; David Larson, Third Congressional District Regent,
Six Years; David McMillan, Eighth Congressional District Regent, Six Years;
Laura Brod, At-Large Regent, Six Years; each having received a majority of the
votes cast at the Joint Convention were declared by the President of the Joint
Convention to be elected to the Board of Regents of the University of Minnesota.
Senator Koch moved that the Joint
Convention adjourn. The motion prevailed
and the President declared the Joint Convention adjourned.
RECONVENED
The House reconvened and was called to
order by the Speaker.
CERTIFICATION
February 21, 2011
To the
Governor
State of
Minnesota
To the
Senate
State of
Minnesota
To the House
of Representatives
State of
Minnesota
This is
to certify that the House of Representatives and the Senate in Joint Convention
on Monday, February 21, 2011, have elected as members of the Board of
Regents of the University of Minnesota the following members each to hold
office for the term specified for each to begin upon election by the Joint
Convention:
Steve Sviggum, Second Congressional
District, Six Years
David Larson, Third Congressional
District, Six Years
David McMillan, Eighth Congressional
District, Six Years
Laura Brod, At-Large, Six Years.
Michelle L.
Fischbach
President of
the Senate
Kurt Zellers
Speaker of
the House of Representatives
ADJOURNMENT
Dean moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:00 p.m., Thursday, February 24,
2011.
Albin A. Mathiowetz, Chief
Clerk, House of Representatives