STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2011
_____________________
FIFTY-THIRD
DAY
Saint Paul, Minnesota, Wednesday, May 11, 2011
The House of Representatives convened at
9:00 a.m. and was called to order by Greg Davids, Speaker pro tempore.
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
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
Greene
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
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
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
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Woodard
Spk. Zellers
A quorum was present.
Laine and McElfatrick were excused.
Murphy,
E., was excused until 10:40 a.m. Winkler
was excused until 11:55 a.m. Smith was
excused until 12:40 p.m. Greiling
was excused until 1:20 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. 712 and
H. F. No. 1230, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Fabian moved that the rules be so far
suspended that S. F. No. 712 be substituted for
H. F. No. 1230 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 779 and
H. F. No. 1017, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Kelly moved that the rules be so far
suspended that S. F. No. 779 be substituted for
H. F. No. 1017 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1115 and
H. F. No. 1097, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
McNamara moved that the rules be so far
suspended that S. F. No. 1115 be substituted for
H. F. No. 1097 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Davids from the Committee on Taxes to which was referred:
H. F. No. 1061, A bill for an act relating to state government; appropriating money from the outdoor heritage fund, clean water fund, parks and trails fund, and arts and cultural heritage fund; modifying certain outdoor heritage provisions; establishing accounts; modifying the Clean Water Legacy Act; revising membership and duties of the Clean Water Council; establishing State Capitol Preservation Commission; providing appointments; establishing reporting and other requirements for legacy fund recipients; amending Minnesota Statutes 2010, sections 3.303, subdivision 10; 85.013, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivision 2, by adding subdivisions; 114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; 114D.50, subdivision 4; 116.195; 129D.17, subdivision 2; 129D.18, subdivisions 3, 4; 129D.19, subdivision 5; Laws 2009, chapter 172, article 1, section 2, subdivisions 3, 15; article 2, section 4, as amended; article 4, section 9, subdivision 5; Laws 2010, chapter 361, article 1, section 2, subdivision 14; proposing coding for new law in Minnesota Statutes, chapters 15B; 16B; 84; 138; repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, 8; 114D.45.
Reported the same back with the following amendments:
Page 30, line 6, delete "and to reimburse the general fund for"
Page 30, delete line 7
Page 30, line 8, delete everything before the period
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
The
report was adopted.
Anderson, S., from the Committee
on Redistricting to which was referred:
H. F. No. 1426, A bill for an act relating to
redistricting; adopting a congressional districting plan for use in 2012 and
thereafter; amending Minnesota Statutes 2010, sections 2.731; 2.91, subdivision
1; repealing Minnesota Statutes 2010, section 2.031, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2010, section 2.731, is amended to read:
2.731 NUMBER OF
DISTRICTS.
(a)
The state of Minnesota is divided into eight congressional districts, each of
which is entitled to elect one representative to the Congress of the United
States of America.
(b) Congressional redistricting plan C1101-0, on file with
the Geographic Information Services Office of the Legislative Coordinating
Commission and published on its Web site on May 9, 2011, is adopted and
describes the congressional districts within this state.
Sec. 2. Minnesota
Statutes 2010, section 2.91, subdivision 1, is amended to read:
Subdivision 1. Distribution. Upon enactment of a redistricting plan
for the legislature or for Congress, the Legislative Coordinating Commission
shall deposit the plan with the secretary of state. The secretary of state shall provide copies
of the relevant portions of the redistricting plan to each county auditor, who
shall provide a copy of the relevant portions of the plan to each municipal
clerk within the county. The secretary
of state, with the cooperation of the commissioner of administration, shall
make copies of the plan file, maps, and tables available to the public for the
cost of publication. The revisor of
statutes shall code a metes and bounds description of the districts, as
established pursuant to legislative enactment or court order, in Minnesota
Statutes no later than the date of the state primary in the year ending in
two.
Sec. 3. DISTRICTING PRINCIPLES.
Subdivision 1. Applicability. The
principles in this section apply to legislative and congressional districts.
Subd. 2. Nesting. A
representative district may not be divided in the formation of a senate
district.
Subd. 3. Equal population. (a)
Legislative districts must be substantially equal in population. The population of a legislative district must
not deviate from the ideal by more than one percent, plus or minus.
(b) Congressional districts must be as nearly equal in
population as practicable.
Subd. 4. Contiguity; compactness. The
districts must be composed of convenient contiguous territory. To the extent consistent with the other
principles in this section, districts should be compact. Contiguity by water is sufficient if the
water is not a serious obstacle to travel within the district. Point contiguity is not sufficient.
Subd. 5. Numbering. (a)
Legislative districts must be numbered in a regular series, beginning with
house district 1A in the northwest corner of the state and proceeding across
the state from west to east, north to south, but bypassing the 11-county
metropolitan area until the southeast corner has been reached; then to the
11-county metropolitan area outside the cities of Minneapolis and St. Paul;
then in Minneapolis and St. Paul.
(b) Congressional district numbers must begin with district
one in the southeast corner of the state and end with district eight in the
northeast corner of the state.
Subd. 6. Minority representation. (a)
The dilution of racial or ethnic minority voting strength is contrary to the
laws of the United States and the state of Minnesota. These principles must not be construed to
supersede any provision of the Voting Rights Act of 1965, as amended.
(b) A redistricting plan must not have the intent or effect
of dispersing or concentrating minority population in a manner that prevents
minority communities from electing their candidates of choice.
Subd. 7. Minor civil divisions. (a)
A county, city, or town must not be unduly divided unless required to meet
equal population requirements or to form districts composed of convenient,
contiguous territory.
(b) A county, city, or town is not unduly divided in the
formation of a legislative or congressional district if:
(1) the division occurs because a portion of a city or town
is noncontiguous with another portion of the same city or town; or
(2) despite the division, the known population of any
affected county, city, or town remains wholly located within a single district.
Subd. 8. Preserving communities of interest. (a) Districts should attempt to
preserve identifiable communities of interest where that can be done in
compliance with the preceding principles.
(b) For purposes of this subdivision, "communities of interest"
means recognizable areas with similarities of interests, including but not
limited to racial, ethnic, geographic, social, or cultural interests.
Subd. 9. Data to be used. The
geographic areas and population counts used in maps, tables, and legal
descriptions of the districts must be those used by the Geographic Information
Services Office of the Legislative Coordinating Commission. The population counts will be the 2010 block
population counts provided to the state under Public Law 94-171, subject to
correction of any errors acknowledged by the United States Census Bureau.
Subd. 10. Consideration of plans. A
redistricting plan must not be considered for adoption by the senate or house
of representatives until a block equivalency file showing the district to which
each census block has been assigned, in a form prescribed by the director of
the Geographic Information Services Office, has been filed with the director.
Subd. 11. Priority of principles. Where
it is not possible to fully comply with the principles contained in
subdivisions 1 to 8, a redistricting plan must give priority to those
principles in the order in which they are listed in this section, except to the
extent that doing so would violate federal or state law.
EFFECTIVE DATE;
EXPIRATION.
This
section is effective the day following final enactment and applies to any plan
for districts enacted or established for use at the state primary in 2012 and
thereafter. This section expires June 1,
2012.
Sec. 4. REPEALER.
Minnesota Statutes 2010, section 2.031, subdivision 2, is
repealed.
Sec. 5. EFFECTIVE DATE.
Except where otherwise provided, this act is effective for
the state primary election in 2012 and thereafter."
Amend the title as follows:
Page 1, line 3, after "thereafter;"
insert "adopting districting principles for legislative and congressional
districts;"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Rules and Legislative Administration.
The
report was adopted.
SECOND READING
OF SENATE BILLS
S. F. Nos. 712, 779 and
1115 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Franson introduced:
H. F. No. 1697, A bill for an act relating to human services; implementing health care reform; creating interstate health insurance choice; creating a flexible benefit plan; creating primary provider care tiering for Minnesota health care programs; creating a MinnesotaCare modern benefit plan; authorizing rulemaking; amending Minnesota Statutes 2010, sections 256B.0754, by adding subdivisions; 256L.12, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 62L; 256L; proposing coding for new law as Minnesota Statutes, chapter 62V.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Anzelc, Melin and Rukavina introduced:
H. F. No. 1698, A bill for an act relating to capital investment; appropriating money to acquire land for a regional fire station in Itasca County; 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.
Murray, Howes, Torkelson, Hansen and Gunther introduced:
H. F. No. 1699, A bill for an act relating to capital investment; appropriating money for the Shell Rock River watershed; 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.
Atkins, Holberg, Johnson, Hoppe and Dean introduced:
H. F.
No. 1700, A bill for an act relating to privacy; requiring owner's permission
before a portable wireless device can collect location information in
Minnesota; 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.
Benson, J., introduced:
H. F. No. 1701, A bill for an act relating to employment; prohibiting abusive work environment practices and establishing remedies; 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.
MESSAGES FROM
THE SENATE
The
following message was 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. 8, A bill for an act relating to human services; establishing the healthy Minnesota contribution program; requiring plan to redesign service delivery for lower-income MinnesotaCare enrollees; requiring the Minnesota Comprehensive Health Association to offer a high-deductible, basic plan; requiring the commissioner of human services to seek federal waivers; amending Minnesota Statutes 2010, sections 62E.08, subdivision 1; 62E.14, by adding a subdivision; 256B.04, subdivision 18; 256L.05, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 62E; 256L.
Cal R. Ludeman, Secretary of the Senate
Gottwalt moved that the House refuse to
concur in the Senate amendments to H. F. No. 8, 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.
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 the Speaker.
CALENDAR FOR
THE DAY
S. F. No. 86 was reported to the House.
Beard, Pelowski and Koenen moved to amend S. F. No. 86 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 216H.03, subdivision 7, is amended to read:
Subd. 7. Other exemptions. The prohibitions in subdivision 3 do not apply to:
(1) a new large energy facility under consideration by the Public Utilities Commission pursuant to proposals or applications filed with the Public Utilities Commission before April 1, 2007, or to any power purchase agreement related to a facility described in this clause. The exclusion of pending proposals and applications from the prohibitions in subdivision 3 does not limit the applicability of any other law and is not an expression of legislative intent regarding whether any pending proposal or application should be approved or denied;
(2) a contract not subject to commission
approval that was entered into prior to April 1, 2007, to purchase power from a
new large energy facility that was approved by a comparable authority in
another state prior to that date, for which municipal or public power district
bonds have been issued, and on which construction has begun; or
(3) a new large energy facility or a power
purchase agreement between a Minnesota utility and a new large energy facility
located outside Minnesota that the Public Utilities Commission has determined
is essential to ensure the long-term reliability of Minnesota's electric
system, to allow electric service for increased industrial demand, or to avoid
placing a substantial financial burden on Minnesota ratepayers. An order of the commission granting an
exemption under this clause is stayed until the June 1 following the next
regular or annual session of the legislature that begins after the date of the
commission's final order; or
(4) 2,500 megawatts of electric generating capacity, in aggregate, from new large energy facilities or power purchase agreements with new large energy facilities that:
(i) are fueled by feedstock coal that
on a moist, mineral-matter-free basis has a calorific value averaging less than
8,500 Btus per pound, or beneficiated coal derived from such coal; and
(ii) began construction after April 1, 2007.
Projects will receive priority
for exemption under this clause based on the shortest amount of time after
April 1, 2007 and the date construction of a new large energy facility
begins or a power purchase agreement with a new large energy facility is
signed, as applicable, until the 2,500 megawatt aggregate capacity limit is
reached.
EFFECTIVE DATE. This section is effective the day following final enactment."
Amend the title accordingly
A roll call was requested and properly
seconded.
The Speaker called Lanning to the Chair.
Mariani was excused for the remainder of
today's session.
Murphy, E., was excused between the hours
of 11:10 a.m. and 1:20 p.m.
The question was taken on the Beard et al
amendment and the roll was called. There
were 77 yeas and 49 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
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hamilton
Hancock
Holberg
Hoppe
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Woodard
Those who voted in the negative were:
Anzelc
Atkins
Benson, J.
Brynaert
Buesgens
Carlson
Champion
Clark
Davnie
Dittrich
Falk
Gauthier
Greene
Hackbarth
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Knuth
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Melin
Moran
Morrow
Mullery
Murphy, M.
Nelson
Norton
Paymar
Persell
Peterson, S.
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
The motion prevailed and the amendment was
adopted.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Downey announced his intention to place S. F. No. 1115 on the Fiscal Calendar for Thursday, May 12, 2011.
CALENDAR FOR
THE DAY, Continued
Falk moved to amend S. F. No. 86, as amended, as follows:
Page 1, after line 2, insert:
"Section 1. Minnesota Statutes 2010, section 216H.02, subdivision 1, is amended to read:
Subdivision 1. Greenhouse gas emissions-reduction goal. Because human-caused greenhouse gas emissions contribute significantly to global climate change and pose serious challenges for the future of Minnesota's economy, including, its agricultural, forestry, and tourism industries, it is the goal of the state to reduce statewide greenhouse gas emissions across all sectors producing those emissions to a level at least 15 percent below 2005 levels by 2015, to a level at least 30 percent below 2005 levels by 2025, and to a level at least 80 percent below 2005 levels by 2050. The levels shall be reviewed based on the climate change action plan study.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Hackbarth moved to amend the Falk
amendment to S. F. No. 86, as amended, as follows:
Page 1, line 10, strike everything after
"gas emissions" and insert a period
Page 1, strike lines 11 to 13
A roll call was requested and properly
seconded.
POINT OF
ORDER
Kahn raised a point of order pursuant to
section 401, paragraph 2, of "Mason's Manual of Legislative
Procedure," relating to Frivolous and Improper Amendments, that the
Hackbarth amendment to the Falk amendment was not in order. Speaker pro tempore Lanning ruled the Kahn
point of order not well taken and the Hackbarth amendment to the Falk amendment
in order.
Falk appealed the decision of Speaker pro
tempore Lanning.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Lanning stand as the judgment
of the House?" and the roll was called.
There were 75 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Atkins
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
Hansen
Holberg
Hoppe
Hortman
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Liebling
Lillie
Lohmer
Loon
Mack
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Anzelc
Benson, J.
Brynaert
Carlson
Champion
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Lenczewski
Lesch
Loeffler
Mahoney
Marquart
Melin
Morrow
Mullery
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
So it was the judgment of the House that
the decision of Speaker pro tempore Lanning should stand.
The
Speaker resumed the Chair.
The question recurred on the Hackbarth
amendment to the Falk amendment and the roll was called. There were 67 yeas and 60 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
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Mack
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Loon
Mahoney
Marquart
Melin
Moran
Morrow
Mullery
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The motion prevailed and the amendment to
the amendment was adopted.
Falk withdrew his amendment, as amended,
to S. F. No. 86, as amended.
Knuth moved to amend S. F. No. 86, as amended, as follows:
Page 2, line 9, delete everything after "effective" and insert "when the United States Department of Defense reverses the assessment made in its Quadrennial Defense Review Report published in February 2010 that "climate change ........ will play a significant role in shaping the future security environment [and the Department] will need to adjust to the impacts of climate change on our facilities and military capabilities [by developing] policies and plans to manage the effects of climate change.""
A roll call was requested and properly
seconded.
The question was taken on the Knuth
amendment and the roll was called. There
were 53 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dittrich
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Marquart
Melin
Moran
Morrow
Mullery
Murphy, M.
Nelson
Norton
Paymar
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
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
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 and the amendment was not adopted.
Persell moved to amend S. F. No. 86, as amended, as follows:
Page 2, line 9, delete "the day following final enactment" and insert "when no more than ten percent of Minnesota lakes, rivers, and streams whose fish have been assessed by the Department of Health have been found to contain mercury at levels of concern for consumption by women of child bearing age and children up to 15 years"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Falk moved to amend the Persell amendment to S. F. No. 86, as amended, as follows:
Page 1, after line 2, insert:
"Section 1. Minnesota Statutes 2010, section 216H.02, subdivision 1, is amended to read:
Subdivision 1. Greenhouse gas emissions-reduction goal. Because human-caused greenhouse gas emissions contribute significantly to global climate change and pose serious challenges for the future of Minnesota's economy, including, its agricultural, forestry, and tourism industries, it is the goal of the state to reduce statewide greenhouse gas emissions across all sectors producing those emissions to a level at least 15 percent below 2005 levels by 2015, to a level at least 30 percent below 2005 levels by 2025, and to a level at least 80 percent below 2005 levels by 2050. The levels shall be reviewed based on the climate change action plan study.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the amendment to
the amendment and the roll was called. There were 55 yeas and 74 nays as
follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Marquart
Melin
Moran
Morrow
Mullery
Murphy, M.
Nelson
Norton
Paymar
Persell
Peterson, S.
Poppe
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
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
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
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Persell
amendment and the roll was called. There
were 54 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dittrich
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Marquart
Melin
Moran
Morrow
Mullery
Murphy, M.
Nelson
Norton
Paymar
Persell
Peterson, S.
Poppe
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
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The motion did
not prevail and the amendment was not adopted.
Huntley moved to amend S. F. No. 86, as amended, as follows:
Page 1, after line 2, insert:
"Section 1. Minnesota Statutes 2010, section 216B.243, is amended by adding a subdivision to read:
Subd. 3c. Environmental data; coal plant. The environmental information prepared as part of a certificate of need application for a coal-burning electric generating plant must include an analysis of health impacts associated with the projected air emissions from the plant, including, but not limited to, estimated increases in rates of asthma, reduced lung function, and premature death."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Huntley
amendment and the roll was called. There
were 59 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dittrich
Falk
Fritz
Gauthier
Greene
Hamilton
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Kieffer
Knuth
Kriesel
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Loon
Mahoney
Marquart
McNamara
Melin
Moran
Morrow
Mullery
Murphy, M.
Nelson
Norton
Paymar
Persell
Peterson, S.
Poppe
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
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hancock
Holberg
Hoppe
Howes
Kelly
Kiel
Kiffmeyer
Koenen
Lanning
Leidiger
LeMieur
Lohmer
Mack
Mazorol
McDonald
McFarlane
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
S. F. No. 86, A
bill for an act relating to energy; removing ban on increased carbon dioxide
emissions by utilities; amending Minnesota Statutes 2010, section 216H.02,
subdivision 4; repealing Minnesota Statutes 2010, section 216H.03.
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 76 yeas and 54 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
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
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:
Abeler
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dittrich
Falk
Fritz
Gauthier
Greene
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Persell
Peterson, S.
Poppe
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
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
Garofalo moved that the name of Persell be
added as an author on H. F. No. 495. The motion prevailed.
Hamilton moved that the name of Dettmer be
added as an author on H. F. No. 905. The motion prevailed.
Davids moved that the name of Hamilton be
added as an author on H. F. No. 1689. The motion prevailed.
Hayden moved that the name of Champion be
added as an author on H. F. No. 1690. The motion prevailed.
Simon moved that the names of Hornstein
and Hausman be added as authors on H. F. No. 1696. The motion prevailed.
MOTION TO DECLARE URGENCY
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Ward moved that the rule therein be
suspended and an urgency be declared and that the rules of the House be so far
suspended so that S. F. No. 1115, now on the General Register,
be given its third reading and be placed upon its final passage.
A roll call was requested and properly
seconded.
The question was taken on the Ward motion
and the roll was called. There were 64
yeas and 66 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doepke
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Urdahl
Vogel
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
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
Lohmer
Loon
Mack
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Wardlow
Westrom
Woodard
Spk. Zellers
Not having received the constitutionally
required two-thirds vote, the motion did not prevail.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 8:
Gottwalt, Abeler and Mack.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 9:00 a.m., Thursday, May 12, 2011. The motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 9:00 a.m., Thursday, May 12, 2011.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives