STATE OF
MINNESOTA
SPECIAL
SESSION - 2013
_____________________
FIRST
DAY
Saint Paul, Minnesota, Monday, September 9, 2013
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 Monday, the ninth day of September
2013 at 10:00 a.m.
PROCLAMATION
FOR SPECIAL SESSION 2013
Whereas, The Minnesota Constitution
allows the Governor to call a special session of the Legislature on "extraordinary
occasions;" and
Whereas, From June 20, 2013 through June
26, 2013, severe storms and flooding occurred, causing historic damage to the
Counties of Benton, Big Stone, Douglas, Faribault, Fillmore, Freeborn, Grant,
Houston, McLeod, Hennepin, Morrison, Pope, Sibley, Stearns, Stevens, Swift,
Traverse, Wilken; 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;
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
2013 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 Monday, September 9, 2013, at 10:00 a.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 6th day of September.
Mark Ritchie Mark Dayton
Secretary of State Governor
At
the hour of 10:00 a.m. and pursuant to the Proclamation of the Governor and
pursuant to Minnesota Statutes 2012,
Prayer was offered by the Reverend Kevin Schill,
Grace United Methodist Church, Burnsville, 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
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Anderson, M.; Beard; Dill; Erhardt; Kieffer
and Morgan were excused.
Garofalo was excused until 1:00 p.m.
Fritz was excused until 1:50 p.m.
Pursuant to Minnesota Statutes 2012, Section 3.073, the Speaker declared the House of Representatives organized for the 2013 Special Session.
Murphy, E., 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:
Poppe; Carlson; Davids; McNamar; Falk; Savick; Hilstrom; Ward, J.E.; Freiberg; Barrett and Anderson, P., introduced:
H. F. No. 1, A bill for an act relating to disaster assistance; appropriating money to match federal disaster aid for the June 2013 severe storms and flooding; appropriating money for the April 2013 winter storms; reducing prior appropriations.
The bill was read for the first time and referred to the Committee on Ways and Means.
McNamar; Faust; Ward, J.E.; Sawatzky; Radinovich; Johnson, C.; Anzelc; Persell and Savick introduced:
H. F. No. 2, A bill for an act relating to sales and use tax; repealing the tax on labor for farm equipment repair services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Dettmer introduced:
H. F. No. 3, A bill for an act relating to the military; appropriating money for a grant to support activities related to the commissioning of the USS Minnesota.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Hansen, Metsa, Hausman, Atkins and Beard introduced:
H. F. No. 4, A bill for an act relating to natural disasters; creating a disaster response contingency account to partially match federal disaster assistance when the legislature is not in session; appropriating money; amending Minnesota Statutes 2012, section 12A.02, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 12A.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Kelly; Zellers; Hoppe; Sanders; Zerwas; Nornes; Anderson, S.; Fabian; Anderson, M.; Albright; McNamara; Uglem; Wills; Franson; Gruenhagen; Torkelson; Gunther; Abeler; Dettmer; Peppin; Anderson, P., and Mack introduced:
H. F. No. 5, A bill for an act relating to sales and use tax; repealing the tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Halverson, Atkins and Savick introduced:
H. F. No. 6, A bill for an act relating to sales and use tax; delaying and repealing the sales tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended; Laws 2013, chapter 143, article 8, section 2.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Franson, Wills and Anderson, P., introduced:
H. F. No. 7, A bill for an act relating to tobacco taxation; rates of taxation; repealing changes to the cigarette and tobacco products excise tax enacted in the 2013 regular session.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Franson, Wills, Scott, Mack and O'Neill introduced:
H. F.
No. 8, A bill for an act relating to collective bargaining; repealing the
authorization for collective bargaining among family child care providers;
repealing Laws 2013, chapter 128, article 1, sections 1; 2; 3; 4; 5; 6; 7.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Davnie introduced:
H. F. No. 9, A bill for an act relating to education; providing for safe and supportive schools by prohibiting bullying; authorizing rulemaking; amending Minnesota Statutes 2012, sections 120B.36, subdivision 1, as amended; 121A.55; 122A.60, subdivisions 1a, 3; 124D.10, subdivision 8, as amended; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Hamilton and Schomacker introduced:
H. F. No. 10, A bill for an act relating to taxation; sales and use; repealing the tax on repairing and maintaining commercial and industrial machinery and equipment; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Falk introduced:
H. F. No. 11, A bill for an act relating to taxation; sales and use; repealing the tax on labor for farm equipment repair services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Barrett introduced:
H. F. No. 12, A bill for an act relating to stadiums; requiring private stadium revenues to be paid into the state treasury; requiring stand-alone owner payment; amending elements of the stadium financing package; amending Minnesota Statutes 2012, section 473J.15, by adding subdivisions.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Holberg introduced:
H. F. No. 13, A bill for an act relating to stadiums; eliminating certain not public data classifications related to the Minnesota Sports Facilities Authority; amending Minnesota Statutes 2012, sections 473J.09, subdivision 4; 473J.11, subdivision 1; 473J.15, subdivisions 6, 9.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Zellers; Kelly; Hoppe; Zerwas; Nornes; Anderson, S.; Fabian; Albright; Myhra; Anderson, M.; McNamara; Benson, M.; Dettmer; Wills; Garofalo; Torkelson; Franson; O'Driscoll; Gunther; Mack; Abeler; Peppin; Anderson, P., and Woodard introduced:
H. F. No. 14, A bill for an act relating to taxation; sales and use; repealing the tax on certain business transactions; amending Minnesota Statutes 2012, sections 297A.61, subdivision 3, as amended; 297A.68, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Scott introduced:
H. F. No. 15, A bill for an act relating to taxation; sales and use; repealing the tax on certain business transactions; amending Minnesota Statutes 2012, sections 297A.61, subdivision 3, as amended; 297A.68, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Quam introduced:
H. F. No. 16, A bill for an act relating to taxation; sales and use; repealing the tax on repairing and maintaining commercial and industrial machinery and equipment; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Quam introduced:
H. F. No. 17, A bill for an act relating to sales and use tax; repealing the tax on repairing and maintaining electronic and precision equipment; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Quam introduced:
H. F. No. 18, A bill for an act relating to taxation; corporate franchise; modifying rules for foreign operating corporations and exclusion of foreign royalties; amending Minnesota Statutes 2012, sections 289A.08, subdivision 3, as amended; 290.01, subdivisions 19c, as amended, 19d, as amended, by adding a subdivision; 290.0921, subdivision 3, as amended, by adding a subdivision; 290.095, subdivision 2, as amended; 290.10, subdivision 1, as amended; 290.17, subdivision 4, as amended; 290.191, subdivision 5, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Quam introduced:
H. F. No. 19, A bill for an act relating to sales and use tax; repealing the tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
O'Neill; Anderson, M.; Franson; Wills; Runbeck and Torkelson introduced:
H. F. No. 20, A bill for an act relating to taxation; sales and use; repealing the tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Murphy, E., 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.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Carlson from the Committee on Ways and Means to which was referred:
H. F. No. 1, A bill for an act relating to disaster assistance; appropriating money to match federal disaster aid for the June 2013 severe storms and flooding; appropriating money for the April 2013 winter storms; reducing prior appropriations.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
This is to notify you that the Senate is now duly organized for the 2013 Special Session pursuant to the Minnesota Constitution and Minnesota Statutes.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
This is to notify you that the Senate is about to adjourn the Special Session sine die.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 1.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING
OF SENATE BILLS
S. F. No. 1, A bill for an act relating to
disaster assistance; appropriating money to match federal disaster aid for the
June 2013 severe storms and flooding; appropriating money for the April 2013
winter storms; reducing prior appropriations.
The bill was read for the first time.
DECLARATION
OF URGENCY
Pursuant to Article IV, Section 19, of the Constitution of
the state of Minnesota, Murphy, E., 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. 1 be given its second and third readings and
be placed upon its final passage. The
motion prevailed.
S. F. No. 1 was read for the second time.
S. F. No. 1, A bill for an act relating to
disaster assistance; appropriating money to match federal disaster aid for the
June 2013 severe storms and flooding; appropriating money for the April 2013
winter storms; reducing prior appropriations.
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 127 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Hausman
The
bill was passed and its title agreed to.
MOTIONS AND
RESOLUTIONS
Poppe moved that the names of Loeffler and
Pelowski be added as authors on H. F. No. 1. The motion prevailed.
McNamar moved that the name of Lien be
added as an author on H. F. No. 2. The motion prevailed.
Dettmer moved that the names of Leidiger;
Myhra; Johnson, B.; Scott; Wills; Erickson, S.; Gruenhagen; Woodard; Pugh;
Benson, M.; Franson and Drazkowski be added as authors on
H. F. No. 3. The motion
prevailed.
Hansen moved that the names of Gunther,
Bly, Savick, Winkler, Radinovich, Fischer, Bernardy, Falk, Masin, Persell,
Loeffler, Kahn and Gruenhagen be added as authors on
H. F. No. 4. The motion
prevailed.
Kelly moved that the names of Myhra,
Rosenthal, Pugh, Loon and Leidiger be added as authors on
H. F. No. 5. The motion
prevailed.
Halverson moved that the names of
Rosenthal, Dorholt and Sawatzky be added as authors on
H. F. No. 6. The motion
prevailed.
Franson moved that the names of Scott,
Pugh and Drazkowski be added as authors on H. F. No. 7. The motion prevailed.
Franson moved that the names of Johnson,
B.; Erickson, S.; Pugh; Drazkowski and Leidiger be added as authors on
H. F. No. 8. The motion
prevailed.
Hamilton moved that the names of Wills,
Franson and Leidiger be added as authors on H. F. No. 10. The motion prevailed.
Barrett moved that the names of
Zellers; Erickson, S.; Pugh; O'Neill and Leidiger be added as authors on
H. F. No. 12. The motion
prevailed.
Holberg moved that the names of Hansen;
Scott; Fabian; Loon; Myhra; Zellers; Erickson, S.; Pugh; Gruenhagen and
Drazkowski be added as authors on H. F. No. 13. The motion prevailed.
Zellers moved that the names of Johnson,
B.; Loon; Pugh; Gruenhagen and Barrett be added as authors on
H. F. No. 14. The motion
prevailed.
Scott moved that the names of Loon;
Runbeck; Erickson, S., and Franson be added as authors on
H. F. No. 15. The motion
prevailed.
Quam moved that the names of Wills and
Drazkowski be added as authors on H. F. No. 16. The motion prevailed.
O'Neill moved that the names of Loon,
Barrett and Drazkowski be added as authors on H. F. No. 20. The motion prevailed.
Murphy, E., 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 this 2013 Special Session sine die. The motion prevailed.
Murphy, E., moved that the Chief Clerk be and is hereby authorized
to correct and approve the Journal of the House, 2013 Special Session, for
today, Monday, September 9, 2013, and that he be authorized to include in the
Journal for today any subsequent proceedings.
The motion prevailed.
ADJOURNMENT OF THE 2013 SPECIAL SESSION SINE DIE
Murphy, E., moved that the House adjourn
sine die for the 2013 Special Session.
The motion prevailed and the Speaker declared the House stands adjourned
sine die for the 2013 Special Session.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives