STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
THIRTY-SIXTH
DAY
Saint Paul, Minnesota, Thursday, April 9, 2015
The House of Representatives convened at 12:00
noon and was called to order by Kurt Daudt, Speaker of the House.
Prayer
was offered by the Reverend Dr. John Braland, Freshwater Community Church, St.
Bonifacius, 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:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Anderson, M.; Halverson; Lohmer and
Mariani were excused.
Persell, Pugh and Sundin were excused
until 6:45 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.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Hornstein introduced:
H. F. No. 2174, A bill for an act relating to taxation; sales and use; repealing the exemption for Super Bowl admissions tickets; repealing Minnesota Statutes 2014, section 297A.68, subdivision 9.
The bill was read for the first time and referred to the Committee on Taxes.
Anzelc; Murphy, M.; Mariani; Lien; Davnie; Persell and Marquart introduced:
H. F. No. 2175, A bill for an act relating to education finance; creating and modifying certain financial assistance and loan programs for teachers; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 119B.011, subdivision 15; 122A.63, subdivisions 4, 5, 6; 136A.162; 256J.21, subdivision 2; 290.01, subdivision 19b; proposing coding for new law in Minnesota Statutes, chapter 122A.
The bill was read for the first time and referred to the Committee on Education Finance.
Newton and Sanders introduced:
H. F. No. 2176, A bill for an act relating to transportation; highways; appropriating money for an underpass on marked Trunk Highway 65; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Moran introduced:
H. F. No. 2177, A bill for an act relating to human services; providing a grant for transitional housing; appropriating money.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Moran introduced:
H. F. No. 2178, A bill for an act relating to education; appropriating money for a general equivalency diploma (GED) training program.
The bill was read for the first time and referred to the Committee on Education Finance.
Davids introduced:
H. F. No. 2179, A bill for an act relating to taxation; individual income; providing sourcing rules for certain income; amending Minnesota Statutes 2014, section 290.191, subdivision 5.
The bill was read for the first time and referred to the Committee on Taxes.
Fischer, Runbeck, Lillie and Dean, M., introduced:
H. F. No. 2180, A bill for an act relating to water; appropriating money for a joint powers agreement and planning to address water issues concerning White Bear Lake.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Baker introduced:
H. F. No. 2181, A bill for an act relating to human services; modifying provisions governing psychiatric contract beds; amending Minnesota Statutes 2014, section 256.9693.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Davids introduced:
H. F. No. 2182, A bill for an act relating to taxation; tobacco; changing the tax rate for nicotine solution used in electronic cigarettes; amending Minnesota Statutes 2014, sections 297F.01, subdivision 19, by adding subdivisions; 297F.05, subdivision 3, by adding subdivisions; 297F.06, subdivisions 1, 4; 325F.77, subdivision 4.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Fenton, Ward and Lohmer introduced:
H. F. No. 2183, A bill for an act relating to capital investment; appropriating money for a fully accessible and inclusive playground in Woodbury; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Moran introduced:
H. F. No. 2184, A bill for an act relating to health; appropriating money for grants to support healthy children, families, and communities; requiring a report.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Moran introduced:
H. F. No. 2185, A bill for an act relating to employment; appropriating money for a grant to Ujamaa Place.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Davids introduced:
H. F. No. 2186, A bill for an act relating to taxation; individual income; modifying the dependent care credit; amending Minnesota Statutes 2014, section 290.067, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Davids introduced:
H. F. No. 2187, A bill for an act relating to parks and trails; appropriating money for the Wagon Wheel Trail.
The bill was read for the first time and referred to the Committee on Legacy Funding Finance.
Davids introduced:
H. F. No. 2188, A bill for an act relating to parks and trails; appropriating money for the Wagon Wheel Trail.
The bill was read for the first time and referred to the Committee on Legacy Funding Finance.
Mahoney, Hausman and Gunther introduced:
H. F. No. 2189, A bill for an act relating to capital investment; appropriating money for expansion of the University Enterprise Laboratories building; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Erhardt introduced:
H. F. No. 2190, A bill for an act relating to state government; increasing the budget reserve.
The bill was read for the first time and referred to the Committee on State Government Finance.
Marquart and Lien introduced:
H. F. No. 2191, A bill for an act relating to taxation; property; excluding agricultural property from school capital levies; providing tax base replacement aid; creating a new equalization aid formula for school bonds approved on or after July 1, 2015; appropriating money; amending Minnesota Statutes 2014, sections 123B.53, subdivision 1; 123B.54; 123B.55; 126C.01, by adding subdivisions; 275.08, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 123B.
The bill was read for the first time and referred to the Committee on Education Finance.
Marquart, Lien and Johnson, C., introduced:
H. F. No. 2192, A bill for an act relating to taxation; property; increasing the agricultural market value credit and extending it to nonhomestead agricultural properties; amending Minnesota Statutes 2014, sections 273.1384, subdivision 2; 273.1392; 275.065, subdivision 3; 276.04, subdivision 2; 469.175, subdivision 6.
The bill was read for the first time and referred to the Committee on Taxes.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker:
I have the honor to announce that the Senate has appointed a committee of five members of the Senate to act with a like committee on the part of the House of Representatives to escort the Honorable Mark Dayton, Governor of the State of Minnesota, to the House Chamber on the occasion of the Joint Convention on Thursday, April 9, 2015, at 6:45 p.m.
Senators Benson, Dibble, Franzen, Westrom and Wiger have been appointed as members of such committee on the part of the Senate.
JoAnne M. Zoff, Secretary of the Senate
CALENDAR FOR THE DAY
H. F. No. 283, A bill for an act relating to the military; designating certain lands around Camp Ripley as sentinel landscape; creating a coordinating committee; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 190.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
H. F. No. 307, A bill for an act relating to transportation; commerce; providing for proof of insurance in electronic format; amending Minnesota Statutes 2014, section 169.791, subdivisions 1, 2.
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 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, April 13, 2015 and established a prefiling requirement for amendments offered to the following bills:
S. F. No. 1563; and H. F. No. 1725.
MOTIONS AND RESOLUTIONS
Zerwas moved that the name of Dill be added as an author on H. F. No. 425. The motion prevailed.
Kresha moved that the name of Erhardt be added as an author on H. F. No. 438. The motion prevailed.
Howe moved that the name of Anderson, S., be added as an author on H. F. No. 495. The motion prevailed.
Gunther moved that the name of Erhardt be added as an author on H. F. No. 519. The motion prevailed.
Kresha moved that the name of Dill be added as an author on H. F. No. 583. The motion prevailed.
Isaacson moved that his name be stricken as an author on H. F. No. 647. The motion prevailed.
Franson moved that the names of Hertaus, Scott, Wills, Albright, Heintzeman, Rarick, Garofalo, Sanders, Hoppe, Newberger, Gunther and Rosenthal be added as authors on H. F. No. 683. The motion prevailed.
Loonan moved that the name of Allen be added as an author on H. F. No. 713. The motion prevailed.
Hilstrom moved that the name of Gruenhagen be added as an author on H. F. No. 889. The motion prevailed.
Considine moved that the name of Lien be added as an author on H. F. No. 1083. The motion prevailed.
Garofalo moved that the name of Isaacson be added as an author on H. F. No. 1085. The motion prevailed.
Hertaus moved that the name of Lucero be added as an author on H. F. No. 1119. The motion prevailed.
Davnie moved that the name of Wills be added as an author on H. F. No. 1217. The motion prevailed.
Sanders moved that the name of Isaacson be added as an author on H. F. No. 1280. The motion prevailed.
McNamara moved that the name of Schomacker be added as an author on H. F. No. 1298. The motion prevailed.
Schoen moved that the name of Rosenthal be added as an author on H. F. No. 1500. The motion prevailed.
Metsa moved that the name of Lueck be added as an author on H. F. No. 1516. The motion prevailed.
Fischer moved that the name of Hausman be added as an author on H. F. No. 1655. The motion prevailed.
Pinto moved that the names of Dill and Drazkowski be added as authors on H. F. No. 1776. The motion prevailed.
Pinto moved that the name of Johnson, S., be added as an author on H. F. No. 1789. The motion prevailed.
Bly moved that the name of Hausman be added as an author on H. F. No. 1819. The motion prevailed.
Schoen moved that the names of Allen and Fischer be added as authors on H. F. No. 1907. The motion prevailed.
Fenton moved that the name of Dettmer be added as an author on H. F. No. 1981. The motion prevailed.
Vogel moved that the names of Hertaus, Lucero and Lohmer be added as authors on H. F. No. 2142. The motion prevailed.
Erickson moved that the name of Lucero be added as an author on H. F. No. 2158. The motion prevailed.
Erickson moved that the name of Lucero be added as an author on H. F. No. 2159. The motion prevailed.
Kahn moved that the name of Lucero be added as an author on H. F. No. 2166. The motion prevailed.
Winkler moved that H. F. No. 43 be recalled from the Committee on Government Operations and Elections Policy and be re-referred to the Committee on State Government Finance.
A roll call was requested and properly seconded.
The question was taken on the Winkler motion and the roll was called. There were 58 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail.
Sanders moved that H. F. No. 177, now on the General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.
Mack moved that H. F. No. 321, now on the General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.
Hortman moved that H. F. No. 385, now on the General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.
Rosenthal moved that H. F. No. 1530 be recalled from the Committee on Job Growth and Energy Affordability Policy and Finance and be re-referred to the Committee on Taxes. The motion prevailed.
MOTION TO FIX TIME TO CONVENE
Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, April 13, 2015. The motion prevailed.
Peppin moved that the House recess subject to the call of the Chair for the purpose of meeting with the Senate in Joint Convention to hear the address by the Governor. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
Anzelc, Erhardt and Hansen 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 Dr. Charles L. Gill, Pilgrim Baptist Church, St. Paul, Minnesota.
The roll being called the following Senators answered to their names: Anderson, Bakk and Benson.
Senator Bakk moved that further proceedings of the roll call be dispensed with. The motion prevailed and a quorum was declared present.
The Sergeant at Arms announced the arrival of the
Honorable Lorie Skjerven Gildea, Chief Justice of the Supreme Court, and the Honorable Associate Justices of
the Supreme Court, plus the Honorable Edward J. Cleary, Chief Judge of
the Court of Appeals of the State of Minnesota.
They were escorted to the seats reserved for them near the rostrum.
The Sergeant at Arms announced the arrival of the
Constitutional Officers of the State of Minnesota: Steve Simon, Secretary of State;
Rebecca Otto, State Auditor; and Lori Swanson, Attorney General. The Constitutional Officers were escorted to
the seats reserved for them.
The
Sergeant at Arms announced the arrival of the Honorable Wendell R. Anderson, former Governor of
the State of Minnesota. The former
Governor was escorted to the seat reserved for him.
The Sergeant at
Arms announced the arrival of the 42nd Vice President of the United States,
Walter F. Mondale. The former Vice
President was escorted to the seat reserved for him.
The Sergeant at
Arms announced the arrival of the Honorable Tina Smith, Lieutenant Governor of
the State of Minnesota. The Lieutenant
Governor was escorted to the seat reserved for her at the rostrum.
The Sergeant at
Arms announced the arrival of the Honorable Mark Dayton, Governor of the State
of Minnesota, and his official party.
The Governor was escorted to the rostrum by the appointed committees.
ADDRESS BY THE GOVERNOR
As President of the Joint Convention, the Honorable Kurt Daudt presented the Honorable Mark Dayton, Governor of the State of Minnesota, to deliver his "State of the State Address" to the members of the Joint Convention and their guests.
Following the address, Senator Bakk 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.
ADJOURNMENT
Peppin moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Monday, April 13, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives