STATE OF
MINNESOTA
Journal of the House
SPECIAL
SESSION - 2012
_____________________
FIRST
DAY
Saint Paul, Minnesota, Friday, August 24, 2012
In obedience to the
Proclamation of the Honorable Mark Dayton, Governor of the State of Minnesota,
summoning the two houses of the Legislature to meet in Special Session, the
members of the House of Representatives assembled in the Chamber of the House of
Representatives at the Capitol in Saint Paul on Friday, the twenty-fourth day
of August 2012 at 2:00 p.m.
PROCLAMATION
FOR SPECIAL SESSION 2012
Whereas, The Minnesota Constitution
allows the Governor to call a special session of the Legislature on "extraordinary
occasions"; and
Whereas, From June 14 through June 21,
2012, severe storms and flooding occurred, causing historic damage to the
Counties of Aitkin, Carlton, Cook, Crow Wing, Dakota, Goodhue, Kandiyohi, Lake,
Meeker, Pine, Rice, Sibley, and Saint Louis, and to the Fond du Lac Band of
Lake Superior Chippewa, Grand Portage Band of Lake Superior Chippewa, and the
Mille Lacs Band of Ojibwe; and
Whereas, The Honorable Barack Obama,
President of the United States of America, declared that a major disaster
exists in the State of Minnesota, and granted federal aid for public
infrastructure, but denied my request for individual assistance for residents
whose homes, business, and lives were devastated by the terrible flooding; and
Whereas, I have exercised my emergency
powers under existing law to direct agency resources to affected individuals
and local governments; however, the immediate needs in the disaster areas far
exceed available federal and state resources; and
Whereas, I have consulted with
legislative leaders and have reached an agreement that immediate action by the
State Legislature is necessary to provide assistance and aid to impacted local
governments, business, and individuals; and
Whereas, The people of Minnesota are
best served by a one-day special session with the limited agenda of passing a
2012 Disaster Relief Appropriations Bill; and
Whereas, Elected
leaders of the Legislature have agreed upon an agenda and procedure to complete
a special session within one legislative day.
Now, Therefore, I, Mark Dayton, Governor
of Minnesota, do hereby summon you, members of the Legislature, to convene in
Special Session on Friday, August 24, 2012 at 2:00 p.m. at the State Capitol in
Saint Paul, Minnesota.
In Witness Whereof, I have hereunto set
my hand and caused the Great Seal of the State of Minnesota to be affixed at
the State Capitol this 22nd day of August.
Mark Ritchie Mark Dayton
Secretary
of State Governor
At
the hour of 2:00 p.m. and pursuant to the Proclamation of the Governor and
pursuant to Minnesota Statutes 2010,
Prayer was offered by the Reverend Dan Nordin, Our Saviour's Lutheran
Church, East Bethel, 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
Allen
Anderson, B.
Anderson,
D.
Anderson, P.
Anderson,
S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Clark
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Greene
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
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.
Champion, Cornish, Dill and Greiling were
excused.
Pursuant to Minnesota Statutes 2010, Section 3.073, the Speaker declared the House of Representatives organized for the 2012 Special Session.
Dean moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is now duly organized pursuant to law for this Special Session. The motion prevailed.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Kelly; McElfatrick; Murphy, M.; Vogel; Huntley; Howes; Ward; Hansen; Thissen; Dill; Hilty; Fritz; Persell; Melin and Anzelc introduced:
H. F. No. 1, A bill for an act relating to disaster assistance; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; authorizing the sale and issuance of state bonds; providing flood loss aid and property tax relief; transferring and cancelling prior
appropriations; appropriating money for flood and windstorm relief; amending Minnesota Statutes 2010, sections 12A.07, by adding a subdivision; 12A.09, by adding a subdivision; 116J.8731, by adding subdivisions; Minnesota Statutes 2011 Supplement, section 12A.07, subdivision 2; Laws 2009, chapter 172, article 4, section 2, subdivision 5; Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 6.
The bill was read for the first time.
Kelly and Simon introduced:
H. F. No. 2, A bill for an act relating to disaster assistance; making miscellaneous corrections to the 2012 First Special Session flood relief legislation; amending Minnesota Statutes 2010, section 116J.8731, subdivision 9, as added if enacted; 2012 First Special Session H. F. 1, article 1, sections 5, if enacted; 10, subdivision 3, if enacted.
The bill was read for the first time.
Clark introduced:
H. F. No. 3, A bill for an act relating to food safety; regulating genetically engineered food; amending Minnesota Statutes 2010, section 34A.03, as added; proposing coding for new law in Minnesota Statutes, chapter 31.
The bill was read for the first time.
H. F. No. 1
was reported to the House.
DECLARATION OF URGENCY
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Dean 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 H. F. No. 1 be given its second and third
readings and be placed upon its final passage.
MOTION TO
ADJOURN SINE DIE
Buesgens
moved that the House adjourn sine die for the 2012 Special Session. The motion did not prevail.
The question recurred on the Dean
motion. The motion prevailed.
H. F. No. 1
was read for the second time.
H. F. No. 1, A bill for an act relating to disaster assistance; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; authorizing the sale and issuance of state bonds; providing flood loss aid and property tax relief; transferring and cancelling prior appropriations; appropriating money for flood and windstorm relief; amending Minnesota Statutes 2010, sections
12A.07, by adding a subdivision; 12A.09, by adding a subdivision; 116J.8731, by adding subdivisions; Minnesota Statutes 2011 Supplement, section 12A.07, subdivision 2; Laws 2009, chapter 172, article 4, section 2, subdivision 5; Laws 2011, First Special Session chapter 6, article 4, section 2, 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 125 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson,
D.
Anderson, P.
Anderson,
S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Clark
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Greene
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
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
Those who voted in the negative were:
Anderson, B.
Buesgens
Hackbarth
The
bill was passed and its title agreed to.
H. F. No. 2
was reported to the House.
DECLARATION OF URGENCY
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Dean 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 H. F. No. 2 be given its second and third
readings and be placed upon its final passage.
The motion prevailed.
H. F. No. 2
was read for the second time.
H. F. No. 2, A bill for an act relating to disaster assistance; making miscellaneous corrections to the 2012 First Special Session flood relief legislation; amending Minnesota Statutes 2010, section 116J.8731, subdivision 9, as added if enacted; 2012 First Special Session H. F. 1, article 1, sections 5, if enacted; 10, subdivision 3, if enacted.
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 126 yeas and 2 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
Carlson
Clark
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Greene
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
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
Those who voted in the negative were:
Buesgens
Hackbarth
The
bill was passed and its title agreed to.
MESSAGES FROM
THE SENATE
The
following message was received from the Senate:
Mr. Speaker:
This is to notify you that the Senate is now
duly organized for the 2012 Special Session pursuant to the Minnesota
Constitution and Minnesota Statutes.
Cal R. Ludeman, Secretary of the Senate
MOTIONS AND RESOLUTIONS
Dean
moved that the Chief Clerk be and he is hereby instructed to inform the Senate
and the Governor by message that the House of Representatives is about to
adjourn the 2012 Special Session sine die.
The motion
prevailed.
Dean moved that the Chief Clerk be and he is
hereby authorized to correct and approve the Journal of the House, 2012 Special
Session, for today, Friday, August 24, 2012, and that he be authorized to
include in the Journal for today any subsequent proceedings. The motion prevailed.
ADJOURNMENT OF THE 2012 SPECIAL SESSION SINE DIE
Dean moved that the House adjourn sine die
for the 2012 Special Session. The motion
prevailed and the Speaker declared the House stands adjourned sine die for the
2012 Special Session.
Albin A. Mathiowetz, Chief Clerk, House of Representatives