Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8267

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2012

 

_____________________

 

ONE HUNDREDTH DAY

 

Saint Paul, Minnesota, Wednesday, April 4, 2012

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Ron Shimanski, Speaker pro tempore.

 

      Prayer was offered by the Reverend Ralph Olsen, Union Gospel Mission, St. Paul, 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

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

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.

 

      Atkins, Clark and Greiling were excused.

 

      Greene was excused until 2:00 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.


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8268

      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.

 

 

REPORTS OF CHIEF CLERK

 

      S. F. No. 396 and H. F. No. 539, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Anderson, B., moved that the rules be so far suspended that S. F. No. 396 be substituted for H. F. No. 539 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 753 and H. F. No. 1191, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Abeler moved that the rules be so far suspended that S. F. No. 753 be substituted for H. F. No. 1191 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1553 and H. F. No. 1972, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Davids moved that the rules be so far suspended that S. F. No. 1553 be substituted for H. F. No. 1972 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1880 and H. F. No. 2359, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Quam moved that the rules be so far suspended that S. F. No. 1880 be substituted for H. F. No. 2359 and that the House File be indefinitely postponed.  The motion prevailed.


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      S. F. No. 2060 and H. F. No. 2770, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Wardlow moved that S. F. No. 2060 be substituted for H. F. No. 2770 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2114 and H. F. No. 2476, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Holberg moved that S. F. No. 2114 be substituted for H. F. No. 2476 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2224 and H. F. No. 2582, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Gunther moved that S. F. No. 2224 be substituted for H. F. No. 2582 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2360 and H. F. No. 2587, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Garofalo moved that S. F. No. 2360 be substituted for H. F. No. 2587 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2464 and H. F. No. 2896, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Wardlow moved that S. F. No. 2464 be substituted for H. F. No. 2896 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 396, 753, 1553, 1880, 2060, 2114, 2224, 2360 and 2464 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8270

Lenczewski introduced:

 

H. F. No. 2992, A bill for an act relating to property taxation; the metropolitan area fiscal disparities program; excluding retail property from the areawide pool; eliminating the 1971 base value subtraction; amending Minnesota Statutes 2010, sections 473F.02, subdivision 3; 473F.06.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 2993, A bill for an act relating to financing a National Football stadium; providing alternative backup financing.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      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. 2128, A bill for an act relating to health; licensing emergency medical personnel; making changes to the Cooper/Sams volunteer ambulance program; amending Minnesota Statutes 2010, sections 144E.001, subdivisions 1b, 3a, 4a, 4b, 5c, 5d, 5e, 6, 11, 14, by adding subdivisions; 144E.01, subdivision 1; 144E.101, subdivisions 2, 6, 7, 9, 10, 12; 144E.103; 144E.127, subdivision 2; 144E.265, subdivision 2; 144E.27, subdivisions 1, 2, 3, 5, by adding a subdivision; 144E.275, subdivision 3; 144E.28, subdivisions 1, 5, 7; 144E.283; 144E.285; 144E.286, subdivision 3; 144E.29; 144E.30, subdivision 3; 144E.305, subdivision 2; 144E.31; 144E.32, subdivision 2; 144E.35, subdivision 1; 144E.41; 144E.52; Minnesota Statutes 2011 Supplement, sections 144E.001, subdivision 5f; 144E.28, subdivision 9; repealing Minnesota Rules, parts 4690.0100, subparts 16, 17; 4690.1400.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Quam moved that the House refuse to concur in the Senate amendments to H. F. No. 2128, 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. 2173, A bill for an act relating to consumer protection; clarifying the definition of home solicitation sale; amending Minnesota Statutes 2010, section 325G.06, subdivision 2.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8271

      Kieffer moved that the House refuse to concur in the Senate amendments to H. F. No. 2173, 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. 2508, A bill for an act relating to public safety; aligning state-controlled substance schedules with federal controlled substance schedules; modifying the authority of the Board of Pharmacy to regulate controlled substances; providing for penalties; amending Minnesota Statutes 2010, section 152.02, as amended; Minnesota Statutes 2011 Supplement, section 152.027, subdivision 6.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Barrett moved that the House refuse to concur in the Senate amendments to H. F. No. 2508, 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.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 2296 was reported to the House.

 

 

Sanders moved to amend S. F. No. 2296, the first engrossment, as follows:

 

Page 2, after line 16, insert:

 

"Sec. 2.  Minnesota Statutes 2010, section 208.03, is amended to read:

 

208.03 NOMINATION OF PRESIDENTIAL ELECTORS.

 

Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state.  At least 77 71 days before the general election day the chair of the major political party shall certify to the secretary of state the names of the persons nominated as presidential electors, the names of eight alternate presidential electors, and the names of the party candidates for president and vice president.  The chair shall also certify that the party candidates for president and vice president have no affidavit on file as a candidate for any office in this state at the ensuing general election."

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8272

Daudt, Winkler, Sanders and Simon moved to amend S. F. No. 2296, the first engrossment, as amended, as follows:

 

Page 2, after line 16, insert:

 

"Sec. 2.  Minnesota Statutes 2011 Supplement, section 204B.14, subdivision 2, is amended to read:

 

Subd. 2.  Separate precincts; combined polling place.  (a) The following shall constitute at least one election precinct:

 

(1) each city ward; and

 

(2) each town and each statutory city.

 

(b) A single, accessible, combined polling place may be established no later than May March 1 of any year:

 

(1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots;

 

(2) for contiguous precincts in the same municipality;

 

(3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

 

(4) for noncontiguous precincts located in one or more counties.

 

A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body.  A polling place combined under clause (3) must be approved by the governing body of each participating municipality.  A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts.  A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than April February 1 of any year.

 

The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place.  A single set of election judges may be appointed to serve at a combined polling place.  The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place.  Separate ballot boxes must be provided for the ballots from each precinct.  The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state.

 

Sec. 3.  Minnesota Statutes 2010, section 204B.14, subdivision 4, is amended to read:

 

Subd. 4.  Boundary change procedure.  Any change in the boundary of an election precinct must be adopted at least ten weeks before the date of the next election and, for the state primary and general election, no later than June April 1 in the year of the state general election.  The precinct boundary change shall not take effect until notice of the change has been posted in the office of the municipal clerk or county auditor for at least 56 days.

 

The county auditor must publish a notice illustrating or describing the congressional, legislative, and county commissioner district boundaries in the county in one or more qualified newspapers in the county at least 14 days before the first day to file affidavits of candidacy for the state general election in the year ending in two.


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8273

Alternate dates for adopting changes in precinct boundaries, posting notices of boundary changes, and notifying voters affected by boundary changes pursuant to this subdivision, and procedures for coordinating precinct boundary changes with reestablishing local government election district boundaries may be established in the manner provided in the rules of the secretary of state.

 

Sec. 4.  Minnesota Statutes 2010, section 204B.21, subdivision 1, is amended to read:

 

Subdivision 1.  Appointment lists; duties of political parties and secretary of state.  On May March 1 in a year in which there is an election for a partisan political office, each major political party shall prepare a list of eligible voters to act as election judges in each election precinct.  The political parties shall furnish the lists electronically to the secretary of state, in a format specified by the secretary of state.  The secretary of state must combine the data received from each political party under this subdivision and must process the data to locate the precinct in which the address provided for each potential election judge is located.  If the data submitted by a political party is insufficient for the secretary of state to locate the proper precinct, the associated name must not appear in any list forwarded to an appointing authority under this subdivision.  The secretary of state shall notify political parties of any proposed election judges with addresses that could not be located in a precinct.

 

By May March 15, the secretary of state shall furnish electronically to the county auditor a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority, noting the political party affiliation of each individual on the list.  The county auditor must promptly forward the appropriate names to the appropriate municipal clerk.

 

Sec. 5.  Minnesota Statutes 2010, section 204D.03, subdivision 1, is amended to read:

 

Subdivision 1.  State primary.  The state primary shall be held on the second first Tuesday after the third Monday in August June in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.

 

Sec. 6.  Minnesota Statutes 2010, section 204D.09, subdivision 1, is amended to read:

 

Subdivision 1.  Example ballot.  (a) No later than May March 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot.  The example ballot must illustrate the format required for the ballots used in the primary and general elections that year.

 

(b) The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year.  The official ballot must conform in all respects to the example ballot.

 

Sec. 7.  Minnesota Statutes 2010, section 204D.28, subdivision 5, is amended to read:

 

Subd. 5.  Regular state primary.  "Regular state primary" means:

 

(a) the state primary at which candidates are nominated for offices elected at the state general election; or

 

(b) a primary held on the second first Tuesday after the third Monday in August June of odd-numbered years.

 

Sec. 8.  Minnesota Statutes 2010, section 205.065, subdivision 1, is amended to read:

 

Subdivision 1.  Establishing primary.  A municipal primary for the purpose of nominating elective officers may be held in any city on the second first Tuesday after the third Monday in August June of any year in which a municipal general election is to be held for the purpose of electing officers.  The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105.


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8274

Sec. 9.  Minnesota Statutes 2010, section 205.065, subdivision 2, is amended to read:

 

Subd. 2.  Resolution or ordinance.  The governing body of a city may, by ordinance or resolution adopted by April January 15 in the year when a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section.  The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked.  The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance.

 

Sec. 10.  Minnesota Statutes 2010, section 205A.03, subdivision 1, is amended to read:

 

Subdivision 1.  Resolution requiring primary in certain circumstances.  The school board of a school district may, by resolution adopted by April January 15 of any year, decide to choose nominees for school board by a primary as provided in this section.  The resolution, when adopted, is effective for all ensuing elections of board members in that school district until it is revoked.  If the board decides to choose nominees by primary and if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large school board positions available, the school district must hold a primary.

 

Sec. 11.  Minnesota Statutes 2010, section 205A.03, subdivision 2, is amended to read:

 

Subd. 2.  Date.  The school district primary must be held on the second first Tuesday after the third Monday in August June in the year when the school district general election is held.  The clerk shall give notice of the primary in the manner provided in section 205A.07.  The date of a school district primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205A.055.

 

Sec. 12.  Minnesota Statutes 2011 Supplement, section 205A.06, subdivision 1a, is amended to read:

 

Subd. 1a.  Filing period.  In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the 84th day and no later than the 70th day before the second first Tuesday after the third Monday in August June in the year when the school district general election is held.  In all other school districts, affidavits of candidacy must be filed no earlier than the 98th day and no later than the 84th day before the school district general election.

 

Sec. 13.  Minnesota Statutes 2010, section 205A.11, subdivision 2a, is amended to read:

 

Subd. 2a.  Notice of special elections.  The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election.  The notice must include the following information:  the date of the election, the hours of voting, and the location of the voter's polling place.  The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter.  The notice must be mailed no later than 14 days before the election.  The mailed notice is not required for a school district special election that is held on the second first Tuesday after the third Monday in August June, the Tuesday following the first Monday in November, or for a special election conducted entirely by mail.  In addition, the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day.  A notice that is returned as undeliverable must be forwarded immediately to the county auditor.

 

Sec. 14.  Minnesota Statutes 2010, section 206.61, subdivision 5, is amended to read:

 

Subd. 5.  Alternation.  The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong. 


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8275

However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct.  If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names.

 

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot card, the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision.

 

The rules adopted by the secretary of state for the rotation of candidate names must use the number of registered voters in each precinct as of 8:00 a.m. on May March 1 of the year when the rotation will be made as the basis for determining the rotation of names.

 

Sec. 15.  Minnesota Statutes 2010, section 206.82, subdivision 2, is amended to read:

 

Subd. 2.  Plan.  The municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of complying with section 206.80.  The plan must be signed, notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system.  Before May March 1 of each subsequent general election year, the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state.  The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Office of Enterprise Technology or other agency which may be operating as the central computer authority.  The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan.  The attorney general, upon request of the secretary of state, may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section.

 

Sec. 16.  EFFECTIVE DATE.

 

Except where otherwise provided, this act is effective January 1, 2013, and applies to elections conducted on or after that date."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

      Anderson, S., raised a point of order pursuant to rule 3.21 that the Daudt et al amendment was not in order.

 

 

      The Speaker submitted the following question to the House:  "Is it the judgment of the House that the Anderson, S., point of order is well taken?"

 

 

      The vote was taken on the question "Is it the judgment of the House that the Anderson, S., point of order is well taken?" and the roll was called.  There were 60 yeas and 71 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anderson, S.

Anzelc

Banaian

Benson, J.

Brynaert

Carlson

Champion

Davids

Dill

Dittrich

Downey

Eken

Falk

Fritz

Gauthier

Gunther

Hamilton


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8276

Hansen

Hausman

Hilstrom

Hilty

Hosch

Huntley

Johnson

Kath

Knuth

Koenen

Laine

Lanning

LeMieur

Lenczewski

Liebling

Lillie

Loeffler

Mariani

Marquart

Mazorol

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Petersen, B.

Poppe

Quam

Rukavina

Slawik

Slocum

Smith

Thissen

Tillberry

Wagenius

Wardlow


 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davnie

Dean

Dettmer

Doepke

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Greene

Gruenhagen

Hackbarth

Hancock

Holberg

Hoppe

Hornstein

Hortman

Howes

Kahn

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Leidiger

Lesch

Lohmer

Loon

Mack

Mahoney

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Peterson, S.

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Ward

Westrom

Winkler

Woodard

Spk. Zellers


 

 

      So it was the judgment of the House that the Anderson, S., point of order was not well taken and the Daudt et al amendment was in order.

 

 

Thissen moved to amend the Daudt et al amendment to S. F. No. 2296, the first engrossment, as amended, as follows:

 

Page 1, after line 2, insert:

 

"Sec. 2.  Minnesota Statutes 2010, section 204B.14, subdivision 1a, is amended to read:

 

Subd. 1a.  Legislative policy.  It is the intention of the legislature to complete congressional and legislative redistricting activities in time to permit counties and municipalities to begin the process of reestablishing precinct boundaries as soon as possible after the adoption of the congressional and legislative redistricting plans but in no case later than 25 weeks before the state primary election November 1 in the year ending in two one."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

      The question recurred on the Daudt et al amendment and the roll was called.  There were 66 yeas and 65 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Banaian

Barrett

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davnie

Dean

Dettmer

Doepke

Downey

Drazkowski


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8277

Erickson

Franson

Garofalo

Gottwalt

Greene

Gunther

Hackbarth

Hoppe

Hornstein

Hortman

Howes

Kahn

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

Lohmer

Loon

Mack

Mahoney

Mazorol

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

Peppin

Peterson, S.

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Stensrud

Swedzinski

Torkelson

Urdahl

Ward

Westrom

Winkler

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Allen

Anderson, S.

Anzelc

Beard

Benson, J.

Brynaert

Carlson

Champion

Davids

Dill

Dittrich

Eken

Fabian

Falk

Fritz

Gauthier

Gruenhagen

Hamilton

Hancock

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hosch

Huntley

Johnson

Kath

Knuth

Koenen

Laine

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mariani

Marquart

McDonald

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

O'Driscoll

Paymar

Pelowski

Persell

Petersen, B.

Poppe

Quam

Rukavina

Runbeck

Slawik

Slocum

Smith

Thissen

Tillberry

Vogel

Wagenius

Wardlow


 

 

      The motion prevailed and the amendment was adopted.

 

 

Kahn moved to amend S. F. No. 2296, the first engrossment, as amended, as follows:

 

Page 1, after line 4, insert:

 

"Section 1.  Minnesota Statutes 2010, section 201.014, is amended by adding a subdivision to read:

 

Subd. 1a.  Voting in primary.  (a) Notwithstanding the requirement in subdivision 1, clause (a), an individual who meets all other eligibility requirements may vote in a primary in order to select the candidates who will be on the general election ballot if the person will be 18 years of age at the time of the general election.

 

(b) The ballot provided to an individual authorized to vote under paragraph (a) must be prepared so that the individual may vote only for the candidates seeking nomination for office, and not for any question or proposition."

 

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 Kahn amendment and the roll was called.  There were 30 yeas and 98 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Champion

Dill

Dittrich

Falk

Gauthier

Hansen

Hilty

Hornstein

Hosch

Kahn

Kath

Lenczewski

Loeffler

Mariani

Marquart

Melin

Moran

Morrow

Murphy, E.

Murphy, M.

Nelson

Persell

Petersen, B.

Rukavina

Slocum

Tillberry

Wagenius

Ward

Winkler



Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8278

      Those who voted in the negative were:

 


Abeler

Allen

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Fritz

Garofalo

Gottwalt

Greene

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hilstrom

Holberg

Hoppe

Hortman

Howes

Huntley

Johnson

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Laine

Lanning

LeMieur

Lesch

Liebling

Lillie

Lohmer

Loon

Mack

Mahoney

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Mullery

Murdock

Murray

Myhra

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Peterson, S.

Poppe

Quam

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

      Peppin was excused between the hours of 2:30 p.m. and 4:10 p.m.

 

 

Winkler moved to amend S. F. No. 2296, the first engrossment, as amended, as follows:

 

Page 2, after line 16, insert:

 

"Sec. 2.  Minnesota Statutes 2010, section 204B.04, is amended by adding a subdivision to read:

 

Subd. 4.  Prohibited activities of a political party.  A political party unit may not, through imposition or threatened imposition of any fine, sanction, or other penalty, attempt to coerce an individual who does not have the party unit's official endorsement as a means to prevent the individual from filing as a candidate for office."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Winkler amendment and the roll was called.  There were 74 yeas and 53 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anderson, S.

Anzelc

Benson, J.

Bills

Brynaert

Carlson

Champion

Crawford

Davnie

Dill

Dittrich

Doepke

Downey

Eken

Falk

Fritz

Gauthier

Greene

Gruenhagen

Hamilton

Hansen

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Loon

Mahoney


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8279

Mariani

Marquart

Mazorol

McFarlane

Melin

Moran

Morrow

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Petersen, B.

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Smith

Stensrud

Thissen

Tillberry

Vogel

Wagenius

Ward

Wardlow

Winkler

Woodard


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Banaian

Barrett

Beard

Benson, M.

Buesgens

Cornish

Daudt

Davids

Dean

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gunther

Hackbarth

Hancock

Holberg

Hoppe

Howes

Kelly

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Mack

McDonald

McElfatrick

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Swedzinski

Torkelson

Urdahl

Westrom

Spk. Zellers


 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 2296, A bill for an act relating to elections; modifying certificate on absentee ballot envelopes; amending Minnesota Statutes 2010, section 203B.21, subdivision 3.

 

 

      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 78 yeas and 51 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Greene

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hoppe

Hornstein

Hortman

Howes

Kahn

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Leidiger

LeMieur

Lohmer

Loon

Mack

Mahoney

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nelson

Nornes

O'Driscoll

Peterson, S.

Quam

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Ward

Westrom

Winkler

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Allen

Anderson, S.

Anzelc

Benson, J.

Brynaert

Carlson

Champion

Dill

Dittrich

Eken

Falk

Fritz

Gauthier

Hansen

Hausman

Hilstrom

Hilty

Holberg


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8280

Hosch

Huntley

Johnson

Kath

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mariani

Marquart

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Norton

Paymar

Pelowski

Persell

Poppe

Rukavina

Slawik

Slocum

Thissen

Tillberry

Wagenius

Wardlow


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      Hornstein was excused for the remainder of today's session.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2128:

 

      Quam, McDonald and Murphy, E.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2173:

 

      Kieffer, O'Driscoll and Dittrich.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2508:

 

      Barrett, Kriesel and Gauthier.

 

 

      The Speaker called Davids to the Chair.

 

 

FISCAL CALENDAR

 

 

      Pursuant to rule 1.22, Holberg requested immediate consideration of S. F. No. 2493.

 

 

      S. F. No. 2493 was reported to the House.

 

 

Urdahl moved to amend S. F. No. 2493, the unofficial engrossment, as follows:

 

Page 30, lines 22 to 23, delete the new language

 

Page 30, line 26, reinstate the stricken language

 

Page 30, line 27, reinstate the stricken "that use storm water or reuse"

 

Page 30, line 28, reinstate the stricken "wastewater" and reinstate the stricken period and delete "80"


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8281

Page 30, delete lines 29 to 36

 

Page 31, delete lines 1 to 3

 

Page 31, line 4, delete the new language

 

Page 45, line 8, delete everything after "sesquicentennial" and insert a period

 

Page 45, delete lines 9 to 18

 

Page 45, line 21, delete "Independent Feature" and insert "Minnesota Film and TV Board"

 

Page 45, line 22, delete "Project/Minnesota" and after "new" insert "competitive" and before "Independent" insert "Minnesota Film and TV Board in consultation with"

 

Page 45, line 32, delete everything after the period

 

Page 45, delete line 33

 

Page 46, delete sections 8 and 10

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hackbarth moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 13, line 15, delete "structural"

 

Page 13, line 16, delete "deterrents and" and after "barriers" insert "and surrounding structures"

 

Page 13, line 18, after the period, insert "This appropriation may not be used for the installation of sound projector arrays, bioacoustic fish fences, high intensity light barriers, or air bubble curtains."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Buesgens, Leidiger, McDonald, Erickson, Hackbarth, Drazkowski, Wardlow and Fabian moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 42, after line 28, insert: 

 

"Sec. 4.  Minnesota Statutes 2010, section 129D.17, is amended by adding a subdivision to read:


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8282

Subd. 4.  State Capitol building.  (a) Beginning July 1, 2014, and each July 1 through 2021, $30,000,000 is appropriated from the arts and cultural heritage fund to the commissioner of administration for renovation, restoration, and repairs of the State Capitol building in order to preserve Minnesota's history and cultural heritage.

 

(b) Subdivision 3 does not apply to this subdivision."

 

Page 43, line 30, after the period, insert "$1,000,000 of the second year appropriation shall be transferred to the commissioner of administration for renovation of the State Capitol building in order to preserve Minnesota's history and cultural heritage."

 

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 Buesgens et al amendment and the roll was called.  There were 52 yeas and 77 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, D.

Anderson, S.

Beard

Benson, M.

Bills

Buesgens

Crawford

Daudt

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Kelly

Kieffer

Kiffmeyer

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

Murdock

Murray

O'Driscoll

Petersen, B.

Peterson, S.

Quam

Runbeck

Sanders

Scott

Shimanski

Stensrud

Swedzinski

Vogel

Wardlow

Westrom

Woodard


 

      Those who voted in the negative were:

 


Abeler

Allen

Anderson, P.

Anzelc

Banaian

Barrett

Benson, J.

Brynaert

Carlson

Champion

Cornish

Davids

Davnie

Dean

Dill

Eken

Falk

Fritz

Gauthier

Greene

Hansen

Hausman

Hilstrom

Hilty

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kiel

Knuth

Koenen

Kriesel

Laine

Lanning

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Marquart

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Nornes

Norton

Paymar

Pelowski

Persell

Poppe

Rukavina

Scalze

Schomacker

Simon

Slawik

Slocum

Smith

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Winkler

Spk. Zellers


 

 

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

 

 

Hansen moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 5, line 24, delete "$1,320,000" and insert "$1,281,000"


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8283

Page 16, line 12, delete "$45,000" and insert "$84,000"

 

Adjust amounts accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Falk, Drazkowski and Hansen moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 5, line 29, after the period, insert "The commissioner of natural resources, as part of the agreement, shall assist in the development of a plan, including identifying project locations, to ensure that projects funded under this paragraph have long-term results."

 

Page 5, line 31, after "plan" insert "and projects must be ranked based upon the expected increase in the number of prairie chickens and other targeted species per acre, with projects with the highest increase receiving the highest ranking"

 

Page 5, line 33, after the period, insert "Funds from this appropriation may not be used to acquire private land or otherwise remove property tax obligations on private land."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hansen moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 18, delete section 3 and insert:

 

"Sec. 3.  [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PRACTICES.

 

The commissioner of natural resources shall encourage grazing on prairie and grasslands when grazing practices will improve wildlife habitat.  The commissioner may enter into cooperative farming agreements or lease agreements with livestock owners to periodically graze prairie and grasslands administered by the commissioner when grazing will assist in the restoration, enhancement, or restoration of wildlife habitat, including controlling invasive species.  The commissioner shall maintain a list of lands grazed under the program describing the location, acreage, and years grazed.  The program shall have a goal of being financially self-sufficient.  Unless otherwise provided by law, revenues received under this section shall be deposited in the game and fish fund and are appropriated to the commissioner for purposes of the program."

 

Page 24, line 20, delete "and"

 

"Page 24, line 23, delete the period and insert "; and"

 

Page 24, after line 23, insert:

 

(4) annually report to the commissioner the number of acres that were protected from the spread of invasive species and that were restored through the removal of invasive species."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8284

      The question was taken on the Hansen amendment and the roll was called.  There were 45 yeas and 83 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Benson, J.

Brynaert

Carlson

Champion

Davnie

Dill

Dittrich

Falk

Gauthier

Greene

Hansen

Hausman

Hilstrom

Hilty

Hortman

Huntley

Johnson

Kahn

Knuth

Laine

Lenczewski

Liebling

Mahoney

Mariani

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

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

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Fritz

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Hosch

Howes

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lesch

Lillie

Loeffler

Lohmer

Loon

Mack

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Melin

Morrow

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Petersen, B.

Poppe

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.

 

 

      Lesch was excused between the hours of 4:05 p.m. and 6:00 p.m.

 

 

Rukavina moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 28, after line 2, insert:

 

"Sec. 15.  CONDEMNATION OF SCHOOL TRUST LAND; VERMILION AND BASS LAKES; ST. LOUIS COUNTY.

 

(a) To protect and enhance habitat for fish, game, and wildlife and to ensure the enjoyment of those resources by the people of Minnesota, the commissioner of natural resources shall exercise the power of eminent domain under Minnesota Statutes, chapter 117, to acquire fee title to all riparian school trust lands bordering Vermilion and Bass Lakes in St. Louis County.

 

(b) Riparian land condemned under this section must be in parcels determined according to the subdivisions by the United States surveys.  Parcels of riparian land must be designated from the shoreline of the lake, extending away from the lake only to the first surveyed subdivision line that yields a parcel of a size that can be legally developed.


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8285

(c) Notwithstanding any requirements of Minnesota Statutes, chapter 117, to the contrary, the damages awarded for riparian lands condemned under this section must be substantially equal to the amount paid by the commissioner of natural resources in acquiring the land for Lake Vermilion State Park under Laws 2008, chapter 365, section 25, as amended by Laws 2010, chapter 189, section 61.

 

(d) Damages awarded according to this section shall be paid from the outdoor heritage fund to the permanent school fund.

 

(e) Minnesota Statutes, section 97A.056, subdivision 9, does not apply to acquisition of land under this section.  Land acquired under this section shall become part of Lake Vermilion State Park and is open to the public taking of fish and game unless otherwise provided by law and shall be retained in state ownership in perpetuity for the use and enjoyment of the people of Minnesota.

 

(f) The commissioner of natural resources shall not assess any costs incurred under this section to the permanent school fund."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

Hansen moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 1, after line 16, insert: 

 

"Section 1.  Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision to read:

 

Subd. 12.  Authority to deny a grant application.  A state agency or other fiscal agent that awards competitive grants funded by the outdoor heritage fund may refuse to award a grant to a person or entity that previously received money from the outdoor heritage fund and knowingly submitted false information during the application process, or otherwise misused money from the outdoor heritage fund.  The state agency or fiscal agent may refuse to provide funding to the person or entity for up to two fiscal years."

 

Page 28, after line 4, insert: 

 

"Section 1.  Minnesota Statutes 2010, section 114D.50, is amended by adding a subdivision to read:

 

Subd. 7.  Authority to deny a grant application.  A state agency or other fiscal agent that awards competitive grants funded by the clean water fund may refuse to award a grant to a person or entity that previously received money from the clean water fund and knowingly submitted false information during the application process, or otherwise misused money from the clean water fund.  The state agency or fiscal agent may refuse to provide funding to the person or entity for up to two fiscal years."

 

Page 39, after line 24, insert: 


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8286

"Section 1.  Minnesota Statutes 2010, section 85.53, is amended by adding a subdivision to read:

 

Subd. 6.  Authority to deny a grant application.  A state agency or other fiscal agent that awards competitive grants funded by the parks and trails fund may refuse to award a grant to a person or entity that previously received money from the parks and trails fund and knowingly submitted false information during the application process, or otherwise misused money from the parks and trails fund.  The state agency or fiscal agent may refuse to provide funding to the person or entity for up to two fiscal years."

 

Page 42, after line 28, insert: 

 

"Sec. 4.  Minnesota Statutes 2010, section 129D.17, is amended by adding a subdivision to read:

 

Subd. 4.  Authority to deny a grant application.  A state agency or other fiscal agent that awards competitive grants funded by the arts and cultural heritage fund may refuse to award a grant to a person or entity that previously received money from the arts and cultural heritage fund and knowingly submitted false information during the application process, or otherwise misused money from the arts and cultural heritage.  The state agency or fiscal agent may refuse to provide funding to the person or entity for up to two fiscal years."

 

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 Hansen amendment and the roll was called.  There were 56 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Benson, J.

Brynaert

Carlson

Champion

Davnie

Dill

Eken

Falk

Fritz

Gauthier

Greene

Hansen

Hausman

Hilstrom

Hilty

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Liebling

Lillie

Loeffler

Loon

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


 

      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

Dittrich

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

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


 

 

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


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8287

Torkelson and Hansen moved to amend S. F. No. 2493, the unofficial engrossment, as amended, as follows:

 

Page 36, line 16, strike everything after the comma and insert "to facilitate the installation of conservation practices on drainage systems that will result in water quality improvements and evaluate the outcomes of these installations."

 

Page 36, lines 17 to 21, strike the existing language and delete the new language

 

Page 36, line 22, strike the existing language

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 2493, A bill for an act relating to natural resources; appropriating money from the outdoor heritage fund; modifying requirements for outdoor heritage fund appropriations; appropriating money for clean water; appropriating money for an Aquatic Invasive Species Cooperative Research Center; modifying prior appropriations; modifying certain parks and trails grant program provisions; amending Minnesota Statutes 2010, sections 85.535, subdivision 3; 97A.056, by adding subdivisions; Laws 2009, chapter 172, article 3, section 3; Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 9; Laws 2011, First Special Session chapter 6, article 2, section 7.

 

 

      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 101 yeas and 28 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Banaian

Barrett

Beard

Benson, J.

Brynaert

Carlson

Champion

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dill

Dittrich

Doepke

Downey

Eken

Fabian

Falk

Fritz

Gauthier

Gottwalt

Greene

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Hilstrom

Hilty

Hoppe

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kelly

Kiel

Knuth

Koenen

Kriesel

Laine

Lanning

LeMieur

Liebling

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Mazorol

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Scalze

Schomacker

Simon

Slawik

Slocum

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Westrom

Winkler

Spk. Zellers



Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8288

      Those who voted in the negative were:

 


Anderson, B.

Benson, M.

Bills

Buesgens

Dettmer

Drazkowski

Erickson

Franson

Garofalo

Gruenhagen

Hancock

Holberg

Kieffer

Kiffmeyer

Leidiger

Lenczewski

Lohmer

McDonald

Peppin

Petersen, B.

Quam

Rukavina

Runbeck

Sanders

Scott

Shimanski

Wardlow

Woodard


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

CALENDAR FOR THE DAY, Continued

 

 

      Dean moved that the remaining bills on the Calendar for the Day be continued.  The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Howes moved that the name of Kriesel be added as chief author on H. F. No. 2418.  The motion prevailed.

 

      Howes moved that the name of Zellers be added as an author on H. F. No. 2418.  The motion prevailed.

 

      Garofalo moved that the name of Doepke be added as an author on H. F. No. 2949.  The motion prevailed.

 

      Franson moved that the names of Banaian and Garofalo be added as authors on H. F. No. 2963.  The motion prevailed.

 

      Hamilton moved that S. F. No. 248, now on the Calendar for the Day, be re-referred to the Committee on Ways and Means.  The motion prevailed.

 

 

MOTION TO FIX TIME TO CONVENE

 

      Dean moved that when the House adjourns today it adjourn until 10:00 a.m., Thursday, April 5, 2012.  The motion prevailed.

 

 

      Dean moved that the House recess subject to the call of the Chair to meet with the Senate in Joint Convention to elect a member of the Board of Regents of the University of Minnesota.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8289

      Greene and Petersen, B., were excused for the remainder of today's session.

 

 

      The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

 

 

JOINT CONVENTION

 

 

      The Speaker of the House, as President of the Joint Convention, called the Joint Convention to order.

 

      Prayer was offered by the Reverend Phil Shaw, Rochester, Minnesota.

 

      The roll being called, the following Senators answered to their names: Bakk, Benson and Bonoff.

 

      Senator Senjem moved that further proceedings of the roll call be suspended.  The motion prevailed and a quorum was declared present.

 

 

COMMUNICATION FROM THE JOINT LEGISLATIVE COMMITTEE

 

April 3, 2012

 

Dear Speaker Zellers, Majority Leader Senjem, and Minority Leaders Thissen and Bakk:

 

Pursuant to Minnesota Statutes 2010, section 137.0246, subdivision 2, the Joint Legislative Committee met on April 3, 2012 to nominate and consider candidates for the existing vacancy on the University of Minnesota Board of Regents.

 

The following names were placed in nomination in accordance with Minnesota Statutes 2010, section 137.0246, subdivision 2(c):  Thomas Devine, Kelly Smith and Robert Vogel.

 

The Joint Legislative Committee allowed all nominated candidates an opportunity to address the Joint Committee and to respond to questions.

 

After hearing from all candidates, the Joint Legislative Committee voted.  Based on a majority vote of the House members and a majority vote of the Senate members of the Joint Legislative Committee, we respectfully forward the names of Thomas Devine and Robert Vogel to the Joint Convention of the Senate and House of Representatives without recommendation.

 

                                                                                                          Respectfully submitted,

 

 

                                                                                                          Representative Bud Nornes

                                                                                                          Co-Chair of the Joint Legislative Committee

 

                                                                                                          Senator Michelle L. Fishbach

                                                                                                          Co-Chair of the Joint Legislative Committee


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8290

ELECTION OF A MEMBER TO THE BOARD

OF REGENTS OF THE UNIVERSITY OF MINNESOTA

 

      Pursuant to the Joint Rules of the Senate and House of Representatives the Joint Convention proceeded to elect a Regent from the Second Congressional District.

 

 

      Thomas Devine was nominated by Senator Ortman for the Second Congressional District Regent for the remainder of the term of Steve Sviggum.

 

      Robert Vogel was nominated by Senator Robling for the Second Congressional District Regent for the remainder of the term of Steve Sviggum.

 

 

      There being no further nominations, the President declared nominations closed.

 

 

      The Secretary called the roll.

 

 

SECOND CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

The following members of the Senate voted for Thomas Devine:

 


Bakk

Bonoff

Chamberlain

Cohen

Daley

Eaton

Goodwin

Hann

Hayden

Higgins

Kelash

Latz

Lourey

Marty

McGuire

Metzen

Miller

Olson

Ortman

Pappas

Reinert

Rest

Saxhaug

Sheran

Sieben

Skoe

Tomassoni

Wiger


 

 

      The following members of the House of Representatives voted for Thomas Devine:

 


Abeler

Allen

Anzelc

Banaian

Benson, J.

Benson, M.

Brynaert

Carlson

Champion

Daudt

Davnie

Dettmer

Dill

Dittrich

Doepke

Downey

Eken

Falk

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Gruenhagen

Hansen

Hausman

Hilstrom

Hilty

Hoppe

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kelly

Kieffer

Knuth

Koenen

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Mazorol

McDonald

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Murray

Nelson

Norton

Paymar

Pelowski

Peppin

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Stensrud

Thissen

Tillberry

Urdahl

Wagenius

Ward

Wardlow

Winkler


 

 

      Thomas Devine received 110 votes.

 

 

      The following members of the Senate voted for Robert Vogel:

 


Benson

Brown

Carlson

Dahms

DeKruif

Fischbach

Gazelka

Gerlach

Gimse

Hall

Hoffman

Howe

Ingebrigtsen

Jungbauer

Kruse

Lillie

Limmer

Magnus

Nelson

Newman

Nienow

Parry

Pederson

Robling

Rosen

Senjem

Thompson

Vandeveer

Wolf



Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 1

      The following members of the House of Representatives voted for Robert Vogel:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Barrett

Beard

Bills

Buesgens

Cornish

Crawford

Davids

Dean

Drazkowski

Erickson

Fabian

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Kiel

Kiffmeyer

Kriesel

Lanning

LeMieur

Mack

McElfatrick

McFarlane

McNamara

Murdock

Myhra

Nornes

O'Driscoll

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Swedzinski

Torkelson

Vogel

Westrom

Woodard

Pres. Zellers


 

 

      Robert Vogel received 75 votes.

 

 

DECLARATION OF ELECTION

 

      Thomas Devine, having received 110 votes, a majority of the votes cast, was declared elected Regent for the Second Congressional District by the President of the Joint Convention, for the remainder of the term of Steve Sviggum.

 

 

      Senator Senjem moved that the Joint Convention adjourn.  The motion prevailed and the President declared the Joint Convention adjourned.

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

CERTIFICATION

 

April 4, 2012

 

To the Governor

State of Minnesota

 

To the Senate

State of Minnesota

 

To the House of Representatives

State of Minnesota

 

      This is to certify that the House of Representatives and the Senate in Joint Convention on Wednesday, April 4, 2012, have elected as a member of the Board of Regents of the University of Minnesota the following member to hold office for the remainder of the term of Steve Sviggum:

 

      Thomas Devine, Second Congressional District.

 

 

                                                                                                                Michelle L. Fishbach

                                                                                                                President of the Senate

 

                                                                                                                Kurt Zellers

                                                                                                                Speaker of the House of Representatives


Journal of the House - 100th Day - Wednesday, April 4, 2012 - Top of Page 8292

FISCAL CALENDAR ANNOUNCEMENT

 

      Pursuant to rule 1.22, Holberg announced her intention to place H. F. Nos. 2580, 2729, 2164 and 2754; and S. F. No. 1543 on the Fiscal Calendar for Thursday, April 5, 2012.

 

 

ADJOURNMENT

 

      Dean moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Thursday, April 5, 2012.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives