STATE OF
MINNESOTA
Journal of the House
EIGHTY-SEVENTH
SESSION - 2012
_____________________
ONE
HUNDRED THIRTEENTH DAY
Saint Paul, Minnesota, Monday, April 30, 2012
The House of Representatives convened at
12:00 noon and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by the Reverend Grady
St. Dennis, House Chaplain.
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
Allen
Anderson, B.
Anderson,
D.
Anderson, P.
Anderson,
S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
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.
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.
Peterson, S., was excused.
Mariani was excused until 4:20
p.m. Champion was excused until 4:35 p.m. Greene was
excused until 5:35 p.m.
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 CHIEF CLERK
S. F. No. 1983 and
H. F. No. 2172, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
McElfatrick moved that the rules be so far
suspended that S. F. No. 1983 be substituted for
H. F. No. 2172 and that the House File be indefinitely
postponed. The motion prevailed.
SECOND READING OF SENATE BILLS
S. F. No. 1983 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Petersen, B., introduced:
H. F. No. 3036, A bill for an act relating to
transportation; state-aid road system; amending the apportionment sum to
counties; amending Minnesota Statutes 2010, section 162.07, subdivision 1b.
The bill was read for the first time and referred to the
Committee on Transportation Policy and Finance.
Hausman, Mariani, Paymar, Ward, Wagenius and Johnson
introduced:
H. F. No. 3037, A bill for an act relating to jobs; creating
jobs through rehabilitation and construction of affordable housing, green
energy investments in public buildings, and capital improvements at
institutions of higher education; authorizing nonprofit housing bonds;
authorizing the sale and issuance of state bonds; appropriating money; amending
Minnesota Statutes 2010, section 462A.36, by adding subdivisions.
The bill was read for the first time and referred to the
Committee on Capital Investment.
Clark and Kahn introduced:
H. F. No. 3038, A bill for an act relating to state
government; authorizing housing infrastructure bonds; amending liquor gross
receipts taxes; appropriating money; amending Minnesota Statutes 2010, sections
295.75, subdivision 2; 462A.21, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 462A.
The bill was read for the first time and referred to the
Committee on Taxes.
Clark, Mariani, Mullery,
Greiling, Nelson and Davnie introduced:
H. F. No. 3039, A bill for an act relating to capital
improvements; appropriating money for rehabilitation to preserve public
housing; 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.
Loon introduced:
H. F. No. 3040, A bill for an act relating to the
metropolitan area fiscal disparities program; eliminating inflationary growth
from the areawide pool; phasing down the contribution
percentage; eliminating the 1971 base value subtraction; limiting distributions
from the pool for certain municipalities; modifying the definition of fiscal
capacity; providing for a portion of the areawide
pool to be used for economic development by funding certain costs related to
light rail transit; amending Minnesota Statutes 2010, sections 473.4051,
subdivision 2; 473F.02, subdivision 14, by adding a subdivision; 473F.06;
473F.07, subdivisions 1, 4; 473F.08, subdivisions 2, 5, 6, 7a.
The bill was read for the first time and referred to the
Committee on Taxes.
Westrom introduced:
H. F. No. 3041, A bill for an act relating to property
taxation; limiting the amount that a property's value can increase from the
previous year; providing a small business targeted property tax refund;
amending Minnesota Statutes 2010, sections 273.11, subdivision 1a; 290A.02;
290A.03, by adding a subdivision; 290A.04, by adding a subdivision; 290A.23,
subdivision 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Daudt introduced:
H. F. No. 3042, A bill for an act
relating to commerce; weights and measures; requiring metering of motor vehicle
fuel delivered to underground storage tanks; proposing coding for new law in
Minnesota Statutes, chapter 239.
The bill was read for the first time and referred to the
Committee on Commerce and Regulatory Reform.
Hortman, Mariani, Slawik, Winkler and Laine introduced:
H. F. No. 3043, A bill for an act relating to human
services; creating the Family Economic Security Act; increasing minimum wage
rates; modifying child care assistance; providing a new child care tax credit;
expanding the working family tax credit; appropriating money; amending
Minnesota Statutes 2010, sections 119B.02, subdivisions 1, 2; 119B.03,
subdivision 9; 119B.035, subdivision 1; 119B.05, subdivision 1; 119B.08,
subdivision 3; 119B.09, subdivisions 1, 4a; 119B.231, subdivision 5; 177.24,
subdivision 1; 256.017, subdivision 9; Minnesota Statutes 2011 Supplement,
section 290.0671, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 290; repealing Minnesota Statutes 2010, sections 119B.011,
subdivision 20a; 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, 6b, 8; 119B.09,
subdivision 3.
The bill was read for the first time and referred to the
Committee on Health and Human Services Reform.
Lohmer introduced:
H. F. No. 3044, A bill for an act
relating to property taxation; authorizing borrowing for local project costs in
conjunction with a trunk highway project; providing for a supplemental fiscal
disparities distribution; amending Minnesota Statutes 2010, section 473F.08, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Dean moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Davids.
The
following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 2269
A bill for an act relating to elections; determining funds for Help America Vote Act; appropriating money.
April 29, 2012
The Honorable Kurt Zellers
Speaker of the House of Representatives
The Honorable Michelle L. Fischbach
President of the Senate
We, the undersigned conferees for H. F. No. 2269 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2269 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. SECRETARY OF STATE; HELP AMERICA VOTE ACT.
(a) The following amounts are
appropriated in fiscal year 2013 to the secretary of state from the account
established in Minnesota Statutes, section 5.30, pursuant to the Help America
Vote Act:
(1) $50,000 for Military and Overseas
Empowerment Act compliance; and
(2) $120,000 for
support for local election officials.
(b) $580,000 is appropriated in
fiscal year 2013 to the secretary of state from the account established in
Minnesota Statutes, section 5.30, pursuant to the Help America Vote Act.
(c) The secretary of state must not make any reductions to the business services division to offset any reductions to election services."
We request the adoption of this report and repassage of the bill.
House Conferees: Morrie Lanning and Carol McFarlane.
Senate Conferees: Mike Parry, Theodore J. "Ted" Daley and Charles W. Wiger.
Lanning moved that the report of the
Conference Committee on H. F. No. 2269 be adopted and that the
bill be repassed as amended by the Conference
Committee. The motion prevailed.
H. F. No. 2269, A bill for an act relating to elections; determining funds for Help America Vote Act; appropriating money.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 127 yeas
and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson,
D.
Anderson, P.
Anderson,
S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Bills
Brynaert
Buesgens
Carlson
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
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.
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
Those who voted in the negative were:
Benson, M.
The bill was repassed,
as amended by Conference, and its title agreed to.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2555, A bill for an act relating to state government; implementing changes to the sunset review; changing certain agency requirements; requiring posting of convictions of felonies or gross misdemeanors and malpractice settlements or judgments for a regulated practitioner; requiring certain information on regulated practitioners; requiring a study; prohibiting transfer of certain funds; requiring reports and a financial audit; setting fees; abolishing the Combative Sports Commission and transferring combative sports duties to the commissioner of labor and industry; establishing a Combative Sports Advisory Council; requiring a review of the Minnesota Board of Medical Practice; changing provisions for health-related licensing boards; appropriating money; amending Minnesota Statutes 2010, sections 3.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225, subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a subdivision; 148.102, by adding a subdivision; 148.261, subdivision 1; 148.263, by adding a subdivision; 148.5194, subdivision 5; 148.6445, subdivision 10; 148B.07, by adding a subdivision; 148C.095, by adding a subdivision; 148E.285, by adding a subdivision; 150A.13, by adding a subdivision; 153.24, by adding a subdivision; 153A.17; 214.06, subdivisions 1, 1a, by adding a subdivision; 214.09, by adding a subdivision; 214.103; 341.21, by adding a subdivision; 341.28, subdivision 1; 341.37; Minnesota Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 3D; 16B; 214; 341; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 138A.06; 341.21, subdivisions 3, 4a; 341.22; 341.23; 341.24; 341.26.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of 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. 1721, A bill for an act relating to economic development; authorizing redevelopment demolition loans; eliminating a semiannual report; establishing a small business advocate office in the Business Assistance Center; granting Albert Lea the authority to establish an industrial sewer charge rebate program; amending Minnesota Statutes 2010, sections 116J.555, subdivision 2; 116J.571; 116J.572; 116J.575, by adding a subdivision; 116J.66; proposing coding for new law in Minnesota Statutes, chapter 116J.
Cal R. Ludeman, Secretary of the Senate
Gunther moved that the House refuse to
concur in the Senate amendments to H. F. No. 1721, that the
Speaker appoint a Conference Committee of 3 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. 2795, A bill for an act relating to horse racing; medication; providing for certain regulatory threshold concentrations to be set by the commission; amending Minnesota Statutes 2010, section 240.24, subdivision 2.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Hoppe moved that the House concur in the
Senate amendments to H. F. No. 2795 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2795, A bill for an act relating to horse racing; medication; providing for certain regulatory threshold concentrations to be set by the commission; amending Minnesota Statutes 2010, section 240.24, subdivision 2.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 97 yeas
and 34 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, P.
Anderson,
S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Bills
Brynaert
Buesgens
Carlson
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Dittrich
Doepke
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gunther
Hamilton
Hancock
Hansen
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kath
Kelly
Kieffer
Kiel
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lillie
Loon
Mahoney
Mariani
Marquart
McDonald
McFarlane
McNamara
Melin
Morrow
Murdock
Murphy,
E.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Ward
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson,
D.
Benson, M.
Champion
Clark
Davnie
Downey
Gauthier
Greiling
Gruenhagen
Hackbarth
Hausman
Hilty
Hornstein
Kahn
Kiffmeyer
Lenczewski
Lesch
Liebling
Loeffler
Lohmer
Mack
Mazorol
McElfatrick
Moran
Mullery
Murphy, M.
Paymar
Scott
Swedzinski
Wagenius
Wardlow
Winkler
The bill was repassed,
as amended by the Senate, and its title agreed to.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Holberg announced
her intention to place H. F. No. 1752 and
S. F. No. 1808 on the Fiscal Calendar for Monday, April 30,
2012.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 1721:
Gunther, Murray and
Mahoney.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 1653:
Sanders, Daudt and
Nelson.
MESSAGES FROM
THE SENATE, Continued
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. 2647, A bill for an act relating to education; clarifying the definition of public data relating to agreements involving payment of public money; amending Minnesota Statutes 2010, section 13.43, subdivision 2.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Myhra moved that the House concur in the
Senate amendments to H. F. No. 2647 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2647, A bill for an act relating to education; clarifying the definition of public data relating to agreements involving payment of public money; amending Minnesota Statutes 2010, section 13.43, subdivision 2.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage
of the bill and the roll was called.
There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
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
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
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.
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 repassed,
as amended by the Senate, and its title agreed to.
CALENDAR FOR THE DAY
S. F. No. 1656, A bill for an act relating to education; requiring the legislature to authorize any cyclical revisions of academic standards and high school graduation requirements; amending Minnesota Statutes 2011 Supplement, section 120B.023, subdivision 2.
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 71 yeas and 61 nays as follows:
Those who voted in the affirmative 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
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
Those who voted in the negative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy,
E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The bill was
passed 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
Garofalo moved that the name of Ward be
added as an author on H. F. No. 68. The motion prevailed.
Greene moved that her name be stricken as
an author on H. F. No. 665.
The motion prevailed.
Winkler moved that the name of Loeffler be
added as an author on H. F. No. 2480. The motion prevailed.
Murphy, E., moved that the name of
Loeffler be added as an author on H. F. No. 2739. The motion prevailed.
Hoppe moved that the name of Atkins be
added as an author on H. F. No. 2795. The motion prevailed.
Dettmer moved that the name of Banaian be
added as an author on H. F. No. 3034. The motion prevailed.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 10:00 a.m., Tuesday, May 1, 2012. The motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Davids declared the House stands adjourned until 10:00 a.m., Tuesday, May 1,
2012.
Albin A. Mathiowetz, Chief Clerk, House of Representatives