Journal of the House - 54th Day - Thursday, May 14, 2009

Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher

A quorum was present.

Bly was excused until 10:05 a.m. Clark and Hayden were excused until 10:10 a.m. Beard, Jackson, Rosenthal, Slawik and Sterner were excused until 10:20 a.m. Mullery was excused until 10:25 a.m. Paymar was excused until 10:35 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Hoppe moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6284

REPORTS OF CHIEF CLERK

S. F. No. 79 and H. F. No. 17, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Sertich moved that the rules be so far suspended that S. F. No. 79 be substituted for H. F. No. 17 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 82 and H. F. No. 8, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Simon moved that the rules be so far suspended that S. F. No. 82 be substituted for H. F. No. 8 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 763 and H. F. No. 545, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Champion moved that the rules be so far suspended that S. F. No. 763 be substituted for H. F. No. 545 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1284 and H. F. No. 1511, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Atkins moved that the rules be so far suspended that S. F. No. 1284 be substituted for H. F. No. 1511 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1369 and H. F. No. 1565, 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. 1369 be substituted for H. F. No. 1565 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6285

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 11, 2009

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Kelliher:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 1301, relating to public safety; providing for public safety, courts, and corrections, including predatory offenders regarding computer access, electronic solicitation, and training materials on dangers of predatory offenders; sex offenses; crime victims; domestic fatality review teams; courts; driver's license reinstatement diversion pilot program; corrections; study of evidence-based practices for community supervision; emergency response team; controlled substances; employment of persons with criminal records; financial crimes; unsafe recalled toys; peace officer and public safety dispatcher employment; trespass in peace officer cordoned-off areas; peace officer education; and Bureau of Criminal Apprehension Information Services; providing for boards, task forces, and programs; providing for reports; providing for penalties.

H. F. No. 936, relating to human services; specifying criteria for communities for a lifetime; requiring the Minnesota Board on Aging to report on communities for a lifetime.

H. F. No. 819, relating to commerce; prohibiting certain unfair ticket sales.

Sincerely,

Tim Pawlenty

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2009 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6286

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2009

Date Filed

2009

926 57 2:40 p.m. May 11 May 11

431 58 2:41 p.m. May 11 May 11

1301 59 3:00 p.m. May 11 May 11

936 60 2:43 p.m. May 11 May 11

819 61 2:45 p.m. May 11 May 11

Sincerely,

Mark Ritchie

Secretary of State

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 12, 2009

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Kelliher:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

H. F. No. 1056, relating to construction; requiring prompt payment to construction subcontractors; regulating progress payments and retainages.

Sincerely,

Tim Pawlenty

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6287

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2009

Date Filed

2009

1539 62 4:52 p.m. May 12 May 12

1910 63 10:13 p.m. May 12 May 12

1876 64 10:14 p.m. May 12 May 12

1569 65 4:43 p.m. May 12 May 12

1056 66 4:44 p.m. May 12 May 12

1810 67 10:15 p.m. May 12 May 12

806 68 4:46 p.m. May 12 May 12

1431 69 4:47 p.m. May 12 May 12

675 70 10:16 p.m. May 12 May 12

532 71 4:41 p.m. May 12 May 12

457 72 10:17 p.m. May 12 May 12

1408 73 10:18 p.m. May 12 May 12

1217 74 10:20 p.m. May 12 May 12

1476 75 4:50 p.m. May 12 May 12

1425 76 4:51 p.m. May 12 May 12

Sincerely,

Mark Ritchie

Secretary of State

SECOND READING OF SENATE BILLS

S. F. Nos. 79, 82, 763, 1284 and 1369 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Laine introduced:

H. F. No. 2387, A bill for an act relating to human services; authorizing Head Start school readiness service agreements; proposing coding for new law in Minnesota Statutes, chapter 119B.

The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.

Loon; Ruud; Loeffler; Dittrich; Brod; Demmer; Davids; Anderson, S.; Doepke and Downey introduced:

H. F. No. 2388, A bill for an act relating to taxes; individual income; waiving the filing requirement for minimal tax owed as a result of late adoption of federal changes; amending Minnesota Statutes 2008, section 289A.08, subdivision 1.

The bill was read for the first time and referred to the Committee on Taxes.

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6288

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam 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. 534, A bill for an act relating to insurance; authorizing and regulating the issuance of certificates of insurance; amending Minnesota Statutes 2008, section 60K.46, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Davids moved that the House refuse to concur in the Senate amendments to H. F. No. 534, 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.

Madam 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. 239, A bill for an act relating to real estate; permitting homeowners to recover certain damages incurred due to faulty construction; amending Minnesota Statutes 2008, section 327A.05; proposing coding for new law in Minnesota Statutes, chapter 327A.

Colleen J. Pacheco, First Assistant Secretary of the Senate

CONCURRENCE AND REPASSAGE

Gardner moved that the House concur in the Senate amendments to H. F. No. 239 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 239, A bill for an act relating to real estate; permitting homeowners to recover certain damages incurred due to faulty construction; prohibiting double recovery; amending Minnesota Statutes 2008, section 327A.05; proposing coding for new law in Minnesota Statutes, chapter 327A.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6289

The question was taken on the repassage of the bill and the roll was called. There were 70 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher

The motion did not prevail and the amendment was not adopted.

Kiffmeyer moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:

Page 61, after line 32, insert:

"Sec. 6. [201.35] REPORT TO LEGISLATURE; UNDELIVERABLE REGISTRATION NOTICES.

By January 15 of each odd-numbered year, the secretary of state shall report to the chair and ranking minority members of the house of representatives and senate committees with jurisdiction over election issues on the number of registration notices returned as undeliverable. The report must include the total number of notices returned statewide, organized by county and by precinct, and indicate the reasons provided by the postal service for return of the notices. Each county auditor must cooperate with the secretary of state in providing the data required by this section in a timely manner."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6294

Gottwalt moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:

Page 2, delete section 2

Page 3, delete sections 3 to 5

Page 6, lines 3 and 5, delete the new language

Page 6, line 10, delete "and"

Page 6, line 11, delete "203B.30 to 203B.35"

Page 10, lines 11 and 12, delete the new language

Page 10, line 13, delete "section 203B.31"

Page 11, delete section 17

Page 11, line 25, delete "or administer early voting"

Page 13, delete lines 18 to 21

Page 13, line 23, delete everything after "accepted"

Page 13, line 24, delete everything through "chapter"

Page 14, line 3, delete "and early voting"

Page 14, line 4, delete "early voting or"

Page 14, line 8, delete "combined" and delete "who voted in person and voters"

Page 17, delete section 24

Page 18, delete sections 25 to 29

Page 22, lines 6 to 9, delete the new language

Page 22, line 10, delete "(c)"

Page 22, line 15, reinstate the stricken "(c)" and delete "(d)"

Page 28, delete section 44

Page 30, delete section 48

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6295

The question was taken on the Gottwalt amendment and the roll was called. There were 48 yeas and 86 nays as follows:

Those who voted in the affirmative were:

The motion did not prevail and the amendment was not adopted.

Buesgens moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:

Page 58, line 25, after "a" insert "current, valid"

The motion prevailed and the amendment was adopted.

Kiffmeyer moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:

Page 11, line 27, delete everything after the period, and insert "Party balance, in the manner provided in section 204B.19, subdivision 5, is required."

Page 11, delete lines 28 to 31

Page 15, line 7, strike everything after the period, and insert "Party balance, in the manner provided in section 204B.19, subdivision 5, is required."

Page 15, strike lines 8 to 11 and delete the new language

Page 19, line 20, delete everything after the period, and insert "Party balance, in the manner provided in section 204B.19, subdivision 5, is required."

Page 19, lines 21 to 23, delete the new language

Page 20, line 28, delete everything after the period, and insert "Party balance, in the manner provided in section 204B.19, subdivision 5, is required."

Page 20, delete lines 29 and 30

Page 20, line 31, delete everything before "If"

The motion did not prevail and the amendment was not adopted.

Severson was excused between the hours of 11:50 a.m. and 12:45 p.m.

Journal of the House - 54th Day - Thursday, May 14, 2009 - Top of Page 6299

Dean moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:

Page 25, line 26, after the period, insert "Upon certification by the state canvassing board all ballots not accepted and counted in the canvass report shall be considered defective and must not be counted in the final vote total in any further proceeding related to the election result."

The motion did not prevail and the amendment was not adopted.

Dean moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:

Page 44, after line 6, insert:

"Sec. 28. Minnesota Statutes 2008, section 204C.35, is amended by adding a subdivision to read:

Subd. 4. Ballot handling and security. For recounts conducted under this section, the secretary of state shall adopt rules establishing a uniform statewide standard for ballot security and ballot handling, including proper procedures for manual review of ballots."

The motion did not prevail and the amendment was not adopted.

Drazkowski moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:

Page 66, after line 19, insert:

"Sec. 17. Minnesota Statutes 2008, section 204B.27, subdivision 3, is amended to read:

Subd. 3. Instruction posters. At least 25 days before every state election the secretary of state shall prepare and furnish to the county auditor of each county in which paper ballots are used, voter instruction posters printed in large type upon cards or heavy paper. The instruction posters must contain the information needed to enable the voters to cast their paper ballots quickly and correctly and indicate the types of assistance available for elderly and disabled voters. Two instruction posters shall be furnished for each precinct in which paper ballots are used. The instruction posters shall be printed in English."

Page 67, line 23, after the first semicolon, insert "204B.27, subdivision 11;"

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 Drazkowski amendment and the roll was called. There were 47 yeas and 85 nays as follows:

Those who voted in the affirmative were: