STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2011
_____________________
THIRTY-SIXTH
DAY
Saint Paul, Minnesota, Monday, April 4, 2011
The House of Representatives convened at
3:00 p.m. and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by the Reverend David
Neil, Mazeppa and Zumbro Falls Methodist Church, Mazeppa, 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
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
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
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
Melin
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
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Atkins and Laine 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.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Peppin from the Committee on Government Operations and Elections reported on the following appointment which had been referred to the committee by the Speaker:
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
David P. Swenson
Reported the same back with the recommendation that the appointment be confirmed.
Peppin moved that the report of the Committee on Government Operations and Elections relating to the appointment of David P. Swenson to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.
CONFIRMATION
Peppin moved that the House, having advised, do now consent to and confirm the appointment of David P. Swenson, 800 LaSalle Avenue, Suite 2800, Minneapolis, Minnesota 55402, in the county of Hennepin, effective December 20, 2010, to complete a four-year term that expires on January 2, 2012. The motion prevailed and the appointment of David P. Swenson was confirmed by the House.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Swedzinski, Daudt, Gottwalt, Wardlow, Banaian, Hancock, Vogel, Torkelson and Gruenhagen introduced:
H. F. No. 1351, A bill for an act relating to health; providing for freedom of choice in health care; specifying state policy related to the Patient Protection and Affordable Care Act; prohibiting the state of Minnesota and political subdivisions from enforcing, implementing, or funding provisions of the act; proposing coding for new law in Minnesota Statutes, chapter 1.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Gunther; Buesgens; Beard; Hackbarth; Hoppe; McNamara; Hamilton; Garofalo; Leidiger; Bills; McFarlane; Anderson, P.; Torkelson; Erickson; Holberg; Cornish and Kriesel introduced:
H. F. No. 1352, A bill for an act relating to gambling; authorizing the director of the State Lottery to establish gaming machines; imposing a tax on gaming machine revenue; providing powers and duties to the director; establishing a Minnesota future fund and an industry improvement fund; amending Minnesota Statutes 2010, sections 240.13, by adding a subdivision; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349A.01, subdivision 10, by adding subdivisions; 349A.10, subdivision 3; 349A.13; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 116J; 297A; 349A; repealing Minnesota Statutes 2010, section 240.30, subdivision 8.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Dittrich, Ward and Lenczewski introduced:
H. F. No. 1353, A bill for an act relating to the permanent school fund; creating an independent authority to manage, supervise, and administer Minnesota's permanent school trust lands; amending Minnesota Statutes 2010, sections 16A.06, subdivision 11; 16A.125, subdivision 5; 84.027, subdivision 18; 84.085, subdivision 1; 92.12, subdivision 1; 92.121; 92.13; 93.2236; 94.342, subdivision 5; proposing coding for new law as Minnesota Statutes, chapter 128E.
The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.
Lesch; Murphy, M.; Lanning; Kahn and Smith introduced:
H. F. No. 1354, A bill for an act relating to retirement; St. Paul Teachers Retirement Fund Association; revising postretirement adjustment procedures; reducing refund interest rate; terminating interest payments on reemployed annuitant savings accounts; lowering deferred annuity augmentation rate; amending Minnesota Statutes 2010, sections 354A.29, by adding subdivisions; 354A.37; 356.47, subdivision 3; repealing Minnesota Statutes 2010, section 354A.29, subdivision 3.
The bill was read for the first time and referred to the Committee on Government Operations and Elections.
Rukavina and Gunther introduced:
H. F. No. 1355, A bill for an act relating to State Lottery; authorizing director of the State Lottery to establish video lottery terminals; providing duties and powers to director of the State Lottery; providing for use of video lottery revenues; modifying certain lawful gambling taxes; making clarifying, conforming, and technical changes; amending Minnesota Statutes 2010, sections 297A.94; 297E.02, subdivision 1; 299L.02, subdivision 1; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349.15, subdivision 1; 349A.01, subdivisions 10, 11, 12, by adding subdivisions; 349A.04; 349A.06, subdivisions 1, 5, 8, 10, by adding subdivisions; 349A.08, subdivisions 1, 5, 8; 349A.09, subdivision 1; 349A.10, subdivisions 2, 3, 4, 6; 349A.11, subdivision 1; 349A.12, subdivisions 1, 2; 349A.13; 541.20; 541.21; 609.651, subdivision 1; 609.75, subdivisions 3, 4; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 297A; 349A; repealing Minnesota Statutes 2010, sections 297E.01, subdivision 7; 297E.02, subdivisions 4, 6, 7.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Kahn; Murphy, E., and Winkler introduced:
H. F. No. 1356, A bill for an act relating to health; requiring certain information be provided to patients seeking in vitro fertilization therapy or donating gametes; 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 and Human Services Reform.
Kahn introduced:
H. F. No. 1357, A bill for an act relating to consumer protection; requiring certain disclosures for direct-to-consumer genetic testing; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Kahn, Loeffler, Clark, Hayden and Mullery introduced:
H. F. No. 1358, A bill for an act relating to economic development; providing for transition activities and termination of a neighborhood revitalization program in a city of the first class; amending Minnesota Statutes 2010, section 469.1831, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Government Operations and Elections.
Barrett; Hayden; Gruenhagen; Anderson, D.; Crawford; Woodard; Gottwalt; Lohmer; Kriesel; Sanders and Kelly introduced:
H. F. No. 1359, A bill for an act relating to public safety; adding certain stimulants and hallucinogens as Schedule I controlled substances; providing for penalties; amending Minnesota Statutes 2010, section 152.02, subdivision 2.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
Torkelson introduced:
H. F. No. 1360, A bill for an act relating to environment; modifying the Environmental Quality Board and eliminating and reassigning duties; amending Minnesota Statutes 2010, sections 17.114, subdivision 3; 18B.045; 18E.06; 103A.204; 103B.101, subdivision 9; 103B.151; 103B.315, subdivision 5; 103F.751; 103H.151, subdivision 4; 103H.175, subdivision 3; 115B.20, subdivision 6; 116C.24, subdivision 2; 116C.842, subdivisions 1a, 2a; 116C.91, subdivision 2; 116D.11, subdivisions 2, 3; 216C.052, subdivision 1; 216C.18, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 116D; repealing Minnesota Statutes 2010, sections 40A.122; 103A.403; 103A.43; 103F.614; 115A.32; 115A.33; 115A.34; 115A.35; 115A.36; 115A.37; 115A.38; 115A.39; 116C.02; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, 11; 116C.06; 116C.08; 116C.71, subdivisions 1c, 2a; 116C.721; 116C.722; 116C.724, subdivisions 2, 3; 473H.15.
The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.
Buesgens and Nelson introduced:
H. F. No. 1361, A bill for an act relating to motor vehicles; modifying definition of public impound lot; amending Minnesota Statutes 2010, section 168B.011, subdivision 12.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Kieffer, Mahoney, Gunther and Nelson introduced:
H. F. No. 1362, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; requiring rulemaking; amending Minnesota Statutes 2010, sections 14.48, subdivisions 2, 3; 14.49; 14.50; 176.106, subdivisions 1, 3, 5, 6, 7, 8, 9; 176.238, subdivision 6; 176.305, subdivisions 1, 1a; 176.307; 176.341, subdivision 4.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Scalze and Peterson, S., introduced:
H. F. No. 1363, A bill for an act relating to local government; establishing Metrodome Task Force.
The bill was read for the first time and referred to the Committee on Government Operations and Elections.
Hornstein introduced:
H. F. No. 1364, A bill for an act relating to taxation; exempting qualified plug-in electric drive vehicles from sales tax on motor vehicles; amending Minnesota Statutes 2010, sections 297B.01, by adding a subdivision; 297B.03.
The bill was read for the first time and referred to the Committee on Taxes.
Loon and Hornstein introduced:
H. F. No. 1365, A bill for an act relating to transportation; allowing use of HOV lanes by electric vehicles; amending Minnesota Statutes 2010, section 160.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 160.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Schomacker and Beard introduced:
H. F. No. 1366, A bill for an act relating to taxation; providing an alternative fuel infrastructure credit; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Taxes.
Banaian introduced:
H. F. No. 1367, A bill for an act relating to transportation; establishing a Mississippi River bikeway trail; modifying description of Veterans Memorial Highway; regulating left turns; authorizing commissioner of transportation to pursue federal financing and local government participation for rail service improvement; amending Minnesota Statutes 2010, sections 161.14, subdivision 66; 169.06, subdivisions 5, 7; 222.50, subdivision 4; 222.51; 222.53; proposing coding for new law in Minnesota Statutes, chapter 160; repealing Minnesota Statutes 2010, section 222.48, subdivision 3a.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Drazkowski introduced:
H. F. No. 1368, A resolution memorializing the Congress of the United States not to reauthorize the No Child Left Behind Act.
The bill was read for the first time and referred to the Committee on Education Finance.
Hamilton, Cornish, Davids, Urdahl, Dettmer and Anderson, P., introduced:
H. F. No. 1369, A bill for an act relating to agriculture; imposing penalties and remedies for certain offenses; proposing coding for new law in Minnesota Statutes, chapter 17.
The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Policy and Finance.
Paymar introduced:
H. F. No. 1370, A bill for an act relating to data practices; permitting sharing of law enforcement data in certain circumstances; amending Minnesota Statutes 2010, sections 13.82, by adding a subdivision; 13.84, by adding subdivisions.
The bill was read for the first time and referred to the Committee on Judiciary Policy and Finance.
Mullery introduced:
H. F. No. 1371, A bill for an act relating to public safety; data practices; permitting certain law enforcement incident data to be submitted to a federal database; prohibiting local law enforcement agencies from submitting incident information to the federal government; amending Minnesota Statutes 2010, section 299C.40, subdivision 5, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 934, A bill for an act relating to education; providing for policy and funding for family, adult, and prekindergarten through grade 12 education including general education, academic excellence, special education, facilities and technology, nutrition and accounting, libraries, early childhood education, prevention, self-sufficiency and lifelong learning, state agencies, and forecast adjustments; requiring reports; requiring studies; appropriating money; amending Minnesota Statutes 2010, sections 13D.02, by adding a subdivision; 16A.152, subdivision 2; 93.22, subdivision 1; 93.2236; 120A.41; 120B.023, subdivision 2; 120B.07; 120B.30, subdivision 1, by adding a subdivision; 120B.35, subdivision 1; 120B.36, subdivision 1; 122A.40, subdivisions 5, 6, 7, 8, 9, 10, 11, by adding subdivisions; 122A.41, subdivisions 2, 3, 4, 5, 6, 14, by adding a subdivision; 122A.414, subdivisions 1a, 2, 2a, 2b, 4; 122A.416; 122A.60; 122A.61, subdivision 1; 123A.55; 123B.02, subdivision 15; 123B.09, subdivision 8; 123B.143, subdivision 1; 123B.54; 123B.59, subdivision 5; 123B.75, subdivision 5; 124D.10, subdivision 3; 124D.19, subdivision 3; 124D.531, subdivision 1; 124D.86, subdivision 3; 125A.07; 125A.21, subdivisions 2, 3, 5,
7; 125A.515, by adding a subdivision; 125A.69, subdivision 1; 125A.76, subdivision 1; 125A.79, subdivision 1; 126C.10, subdivisions 1, 2, 2a, 3, 7, 8, 8a, 13a, 14, by adding a subdivision; 126C.126; 126C.20; 126C.40, subdivision 1; 126C.44; 127A.33; 127A.441; 127A.45, subdivision 2; 179A.16, subdivision 1; 179A.18, subdivisions 1, 3; 298.28, subdivisions 2, 4; Laws 2009, chapter 79, article 5, section 60, as amended; Laws 2009, chapter 96, article 1, section 24, subdivisions 2, as amended, 3, 4, as amended, 5, as amended, 6, as amended, 7, as amended; article 2, section 67, subdivisions 2, as amended, 3, as amended, 4, as amended, 6, 9, as amended; article 3, section 21, subdivisions 3, 4, as amended; article 4, section 12, subdivision 6, as amended; article 5, section 13, subdivisions 2, 3, 4, as amended; article 6, section 11, subdivisions 3, as amended, 4, as amended, 8, as amended, 12, as amended; proposing coding for new law in Minnesota Statutes, chapters 120B; 122A; 124D; 179A; repealing Minnesota Statutes 2010, sections 122A.61; 123B.05; 123B.59, subdivisions 6, 7; 124D.86, subdivisions 1, 1a, 2, 4, 5, 6; 126C.10, subdivision 5; 127A.46; 129C.10, subdivisions 1, 2, 3, 3a, 4, 6, 7, 8; 129C.105; 129C.15; 129C.20; 129C.25; 129C.26; 179A.18, subdivision 2; Laws 2009, chapter 88, article 12, section 23.
Cal R. Ludeman, Secretary of the Senate
Garofalo moved that the House refuse to
concur in the Senate amendments to H. F. No. 934, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on the
disagreeing votes of the two houses. The
motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1101, A bill for an act relating to higher education; amending postsecondary education provisions; requiring reports; changing Minnesota college savings plan matching grants; making technical changes; modifying definitions; setting requirements for credit transfer; providing stable undergraduate tuition rates; modifying achieve scholarship program; modifying contract and salary provisions; prohibiting use of certain public funds to support human cloning; requiring a study of graduate education in for-profit sector; repealing certain provisions related to equipment and apparel; appropriating money; amending Minnesota Statutes 2010, sections 15A.081, subdivision 7c; 135A.51, subdivision 2; 136A.121, subdivision 6; 136F.40, subdivision 2; 136G.01; 136G.03, subdivisions 1, 18, 27; 136G.05, subdivisions 1, 6, 8; proposing coding for new law in Minnesota Statutes, chapters 136F; 137; 145; repealing Minnesota Statutes 2010, sections 135A.26; 136G.11, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 181.986; Laws 2009, chapter 95, article 2, section 39.
Cal R. Ludeman, Secretary of the Senate
Nornes moved that the House refuse to
concur in the Senate amendments to H. F. No. 1101, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1140, A bill for an act relating to government finance; appropriating money for transportation, Metropolitan Council, and public safety activities and programs; providing for fund transfers and tort claims; authorizing an account and certain contingent appropriations; providing for use of revenues from metropolitan
transportation area sales tax; reducing funding for 2010 state road construction; authorizing temporary transfers from metropolitan livable communities fund accounts, right-of-way loan acquisition fund for transit operating deficits, and Metropolitan Council operating budget; establishing direct appropriation from transit assistance fund; establishing an account; modifying various provisions related to transportation finance and policy; modifying provisions related to licensing drivers; mandating and amending legislative reports; making technical and clarifying changes; amending Minnesota Statutes 2010, sections 16A.11, subdivision 3a; 16A.86, subdivision 3a; 16A.88; 162.06, subdivision 1; 162.12, subdivision 1; 168.12, subdivision 5; 171.06, subdivision 2; 171.0701; 171.13, subdivision 1, by adding a subdivision; 174.93; 297A.992, subdivision 5, by adding a subdivision; Laws 2009, chapter 36, article 1, section 3, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 171.
Cal R. Ludeman, Secretary of the Senate
Beard moved that the House refuse to
concur in the Senate amendments to H. F. No. 1140, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Holberg announced
her intention to place S. F. No. 887 on the Fiscal Calendar for
Tuesday, April 5, 2011.
CALENDAR FOR THE DAY
S. F. No. 488, A bill for an act relating to employment; modifying overtime requirements for certain air carrier employees; amending Minnesota Statutes 2010, section 177.25, by adding a subdivision.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
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
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
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
Melin
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
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
H. F. No. 52, A bill for an act relating to local government; providing for variances from city, county, and town zoning controls and ordinances; amending Minnesota Statutes 2010, sections 394.27, subdivision 7; 462.357, subdivision 6.
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 79 yeas and 52 nays as follows:
Those who voted in the affirmative were:
Abeler
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
Hamilton
Hancock
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lillie
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nelson
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Peterson, S.
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Anzelc
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Johnson
Kahn
Knuth
Koenen
Lenczewski
Lesch
Liebling
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Mullery
Murphy, E.
Murphy, M.
Norton
Paymar
Persell
Poppe
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The bill was passed and its title agreed
to.
S. F. No. 119, A bill for an act relating to human services; creating a certification for community paramedics; amending Minnesota Statutes 2010, sections 144E.001, by adding a subdivision; 144E.28, by adding a subdivision.
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 93 yeas and 39 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Erickson
Fabian
Falk
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hayden
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Lanning
Leidiger
LeMieur
Liebling
Lillie
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Morrow
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Anzelc
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Fritz
Gauthier
Greene
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Johnson
Kahn
Koenen
Lenczewski
Lesch
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Mullery
Nelson
Peterson, S.
Rukavina
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The bill was passed and its title agreed
to.
H. F. No. 529, A bill for an act relating to building codes; requiring equivalent load-bearing capacity for panels used in agricultural building roofs; amending Minnesota Statutes 2010, sections 326B.106, by adding a subdivision; 326B.121, subdivision 1.
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 124 yeas and 8 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hamilton
Hancock
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
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Ward
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
Greiling
Hackbarth
Hansen
Hausman
Peppin
Wagenius
Wardlow
The bill was passed and its title agreed
to.
H. F. No. 954 was reported to the House.
Westrom moved to amend H. F. No. 954 as follows:
Page 2, line 8, after the period, insert "The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b)."
Page 2, line 9, delete "30" and insert "60" and delete "second publication" and insert "county board adopts the resolution"
Page 2, after line 16, insert:
"Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position. The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county. Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue. After the public comment hearing, the county board may adopt the resolution. The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.
(b) The question of whether an office made an appointed
position under this section must be made an elected office must be placed on
the ballot at the next general election if (1) the position has been an
appointed position for at least three years, (2) a petition signed by at least
ten percent of the registered voters of the county is filed with the office of
the county auditor-treasurer by August 1 of the year in which the general
election is held and (3) the
petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section. If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for that office must be held at a the next regular or special election."
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Westrom
amendment and the roll was called. There
were 49 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anzelc
Banaian
Benson, J.
Buesgens
Daudt
Davids
Dettmer
Dill
Downey
Drazkowski
Eken
Erickson
Falk
Franson
Fritz
Gauthier
Gottwalt
Greene
Hilty
Hortman
Hosch
Kahn
Kieffer
Kiffmeyer
Koenen
LeMieur
Lenczewski
Lohmer
Marquart
McElfatrick
Melin
Murphy, M.
Norton
Paymar
Peppin
Petersen, B.
Rukavina
Runbeck
Schomacker
Shimanski
Simon
Slocum
Swedzinski
Thissen
Tillberry
Ward
Wardlow
Westrom
Those who voted in the negative were:
Abeler
Anderson, D.
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Davnie
Dean
Dittrich
Doepke
Fabian
Garofalo
Greiling
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Holberg
Hoppe
Hornstein
Howes
Huntley
Johnson
Kath
Kelly
Kiel
Knuth
Kriesel
Lanning
Leidiger
Lesch
Liebling
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Mazorol
McDonald
McFarlane
McNamara
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murray
Myhra
Nelson
Nornes
O'Driscoll
Pelowski
Persell
Peterson, S.
Poppe
Quam
Sanders
Scalze
Scott
Slawik
Smith
Stensrud
Torkelson
Urdahl
Vogel
Wagenius
Winkler
Woodard
Spk. Zellers
The motion did
not prevail and the amendment was not adopted.
The Speaker called Holberg to the Chair.
H. F. No. 954, A bill for an act relating to counties; providing a process for making certain county offices appointive in Kittson County.
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 68 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, D.
Anderson, P.
Banaian
Barrett
Beard
Benson, M.
Brynaert
Buesgens
Carlson
Cornish
Crawford
Davnie
Dean
Dittrich
Doepke
Downey
Fabian
Garofalo
Gottwalt
Greene
Greiling
Gunther
Hackbarth
Hamilton
Hancock
Hausman
Holberg
Hoppe
Hornstein
Hortman
Howes
Kelly
Kiel
Knuth
Kriesel
Lanning
Loeffler
Loon
Mack
Mahoney
Mariani
Mazorol
McElfatrick
McFarlane
McNamara
Morrow
Mullery
Murdock
Murray
Myhra
Nelson
Nornes
O'Driscoll
Persell
Petersen, B.
Peterson, S.
Quam
Sanders
Scalze
Schomacker
Scott
Simon
Swedzinski
Torkelson
Vogel
Woodard
Spk. Zellers
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Anzelc
Benson, J.
Bills
Champion
Clark
Daudt
Davids
Dettmer
Dill
Drazkowski
Eken
Erickson
Falk
Franson
Fritz
Gauthier
Gruenhagen
Hansen
Hayden
Hilstrom
Hilty
Hosch
Huntley
Johnson
Kahn
Kath
Kieffer
Kiffmeyer
Koenen
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Lohmer
Marquart
McDonald
Melin
Moran
Murphy, E.
Murphy, M.
Norton
Paymar
Pelowski
Peppin
Poppe
Rukavina
Runbeck
Shimanski
Slawik
Slocum
Smith
Stensrud
Thissen
Tillberry
Urdahl
Wagenius
Ward
Wardlow
Westrom
Winkler
The bill was passed and its title agreed
to.
H. F. No. 323, A bill for an act relating to real estate professionals; regulating the provision of broker price opinions on residential real estate; amending Minnesota Statutes 2010, sections 82.55, by adding subdivisions; 82.81, subdivision 9; 82B.021, subdivision 19; 82B.035, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 82.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
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
Falk
Franson
Fritz
Garofalo
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
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
Melin
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
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
The
Speaker resumed the Chair.
H. F. No. 382 was reported to the House.
Hoppe and Simon moved to amend H. F. No. 382 as follows:
Page 34, after line 15, insert:
"Sec. 17. Minnesota Statutes 2010, section 317A.255, subdivision 1, is amended to read:
Subdivision 1. Conflict; procedure when conflict arises. (a) A contract or other transaction between a corporation and: (1) its director or a member of the family of its director; (2) a director of a related organization, or a member of the family of a director of a related organization; or (3) an organization in or of which the corporation's director, or a member of the family of its director, is a director, officer, or legal representative or has a material financial interest; is not void or voidable because the director or the other individual or organization are parties or because the director is present at the meeting of the members or the board or a committee at which the contract or transaction is authorized, approved, or ratified, if a requirement of paragraph (b) is satisfied.
(b) A contract or transaction described in paragraph (a) is not void or voidable if:
(1) the contract or transaction was, and the person asserting the validity of the contract or transaction has the burden of establishing that the contract or transaction was, fair and reasonable as to the corporation when it was authorized, approved, or ratified;
(2) the material facts as to the contract or transaction and as to the director's interest are fully disclosed or known to the members and the contract or transaction is approved in good faith by two-thirds of the members entitled to vote, not counting any vote that the interested director might otherwise have, or the unanimous affirmative vote of all members, whether or not entitled to vote;
(3) the material facts as to the contract or transaction
and as to the director's interest are fully disclosed or known to the board or
a committee, and the board or committee authorizes, approves, or ratifies the
contract or transaction in good faith by a majority of the directors or
committee members currently holding office, provided that the interested
director or directors may not vote and are not considered present for purposes
of a quorum. If, as a result, the number
of remaining directors is not sufficient to reach a quorum, a quorum for the
purpose of considering the contract or transaction is the number of remaining
directors or committee members, not counting any vote that the interested
director might otherwise have, and not counting the director in determining the
presence of a quorum; or
(4) the contract or transaction is a merger or consolidation described in section 317A.601."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
H. F. No. 382, A bill for an act relating to commerce; amending statutes regarding receiverships, assignments for the benefit of creditors, and nonprofit corporations; amending Minnesota Statutes 2010, sections 302A.753, subdivisions 2, 3; 302A.755; 302A.759, subdivision 1; 302A.761; 308A.945, subdivisions 2, 3; 308A.951; 308A.961, subdivision 1; 308A.965; 308B.935, subdivisions 2, 3; 308B.941; 308B.951, subdivision 1; 308B.955; 316.11; 317A.255, subdivision 1; 317A.753, subdivisions 3, 4; 317A.755; 317A.759, subdivision 1; 322B.836, subdivisions 2, 3; 322B.84; 462A.05, subdivision 32; 469.012, subdivision 2i; 540.14; 559.17, subdivision 2; 576.04; 576.06; 576.08; 576.09; 576.11; 576.121; 576.123; 576.144; 576.15; 576.16; proposing coding for new law in Minnesota Statutes, chapters 576; 577; repealing Minnesota Statutes 2010, sections 302A.759, subdivision 2; 308A.961, subdivision 2; 308B.951, subdivisions 2, 3; 317A.759, subdivision 2; 576.01; 577.01; 577.02; 577.03; 577.04; 577.05; 577.06; 577.08; 577.09; 577.10.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
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
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
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
Melin
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
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Winkler
Woodard
Spk. Zellers
The bill was
passed, as amended, and its title agreed to.
Dean moved that the remaining bills on the
Calendar for the Day be continued. The
motion prevailed.
MOTIONS AND RESOLUTIONS
Rukavina moved that the name of Greene be
added as an author on H. F. No. 150. The motion prevailed.
Lillie moved that the name of Greene be
added as an author on H. F. No. 252. The motion prevailed.
Kelly moved that the name of Greene be
added as an author on H. F. No. 447. The motion prevailed.
Paymar moved that the name of Greene be
added as an author on H. F. No. 547. The motion prevailed.
Smith moved that the names of Dettmer and
Brynaert be added as authors on H. F. No. 556. The motion prevailed.
Loeffler moved that the name of Greene be
added as an author on H. F. No. 605. The motion prevailed.
Gauthier moved that his name be stricken
as an author on H. F. No. 853.
The motion prevailed.
Simon moved that the name of Greene be
added as an author on H. F. No. 877. The motion prevailed.
McNamara moved that the name of Greene be
added as an author on H. F. No. 882. The motion prevailed.
Morrow moved that the name of Greene be
added as an author on H. F. No. 888. The motion prevailed.
Hamilton moved that the names of Benson,
M., and McFarlane be added as authors on H. F. No. 905. The motion prevailed.
Kahn moved that the name of Greene be
added as an author on H. F. No. 965. The motion prevailed.
McFarlane moved that the name of Greene be
added as an author on H. F. No. 995. The motion prevailed.
Howes moved that the name of Nornes be
added as an author on H. F. No. 1006. The motion prevailed.
Ward moved that the name of Doepke be
added as an author on H. F. No. 1162. The motion prevailed.
Hornstein moved that the name of Hansen be
added as an author on H. F. No. 1206. The motion prevailed.
Hayden moved that the names of Norton and
Poppe be added as authors on H. F. No. 1257. The motion prevailed.
Peterson, S., moved that her name be
stricken as an author on H. F. No. 1334. The motion prevailed.
Mack moved that the name of Dettmer be
added as an author on H. F. No. 1334. The motion prevailed.
Torkelson moved that the name of Hancock
be added as an author on H. F. No. 1344. The motion prevailed.
Norton moved that
H. F. No. 462 be recalled from the Committee on Health and Human
Services Finance and be re-referred to the Committee on Government Operations
and Elections. The motion prevailed.
Davids moved that
H. F. No. 1231 be recalled from the Committee on Rules and
Legislative Administration and be re-referred to the Committee on Taxes. The motion prevailed.
Gauthier was excused for the remainder of
today's session.
Thissen moved that
S. F. No. 760 be recalled from the Committee on Ways and Means
and be re-referred to the Committee on Health and Human Services Finance.
A roll call was requested and properly
seconded.
The question was taken on the Thissen
motion and the roll was called. There
were 60 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Anzelc
Benson, J.
Brynaert
Buesgens
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Greene
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
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:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
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
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The
motion did not prevail.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 934:
Garofalo, Erickson, Kelly, Doepke and
Fabian.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 1101:
Nornes, Dettmer, Daudt, Mazorol and
Hancock.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 1140:
Beard; Murdock; Westrom; Benson, M., and
Leidiger.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 3:00 p.m., Tuesday, April 5, 2011. The motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:00 p.m., Tuesday, April 5, 2011.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives