STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED SIXTH DAY
Saint Paul, Minnesota, Wednesday, April 23,
2008
The House of Representatives convened at 9:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Robert Griggs, St. Louis
Park, 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
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Beard, Lesch and Walker were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Peppin moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 2795 and
H. F. No. 3134, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Thissen moved that the rules be so far suspended that
S. F. No. 2795 be substituted for H. F. No. 3134
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2942 and
H. F. No. 3349, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Rukavina moved that the rules be so far suspended that
S. F. No. 2942 be substituted for H. F. No. 3349
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2965 and
H. F. No. 3448, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Tingelstad moved that the rules be so far suspended that
S. F. No. 2965 be substituted for H. F. No. 3448
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3683 and
H. F. No. 3902, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Juhnke moved that the rules be so far suspended that
S. F. No. 3683 be substituted for H. F. No. 3902
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
17, 2008
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. 1314, relating to commerce; regulating
the advertising and conducting of certain live musical performances or
productions.
H. F. No. 2599, relating to local government;
increasing amount that counties may appropriate for Memorial Day observances.
H. F. No. 3138, relating to state government;
requiring the legislative auditor to establish a compensation plan for
employees of the auditor, subject to legislative review and approval; ratifying
state labor contracts.
H. F. No. 3357, relating to municipal boundary
adjustments; providing for changes in municipal boundaries; imposing powers and
duties on the chief administrative law judge.
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 2008 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:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
1218 190 8:42 a.m.
April 17 April
17
1314 191 8:15 a.m.
April 17 April
17
2599 192 3:40 p.m.
April 17 April
17
3138 194 8:17 a.m.
April 17 April
17
2402 195 3:55 p.m.
April 17 April
17
3357 196 8:19 a.m.
April 17 April
17
2806 197 8:22 a.m.
April 17 April
17
3084 198 8:22 a.m.
April 17 April
17
1018 199 8:25 a.m.
April 17 April
17
1436 200 8:27 a.m.
April 17 April
17
3070 201 8:30 a.m.
April 17 April
17
3135 202 8:32 a.m.
April 17 April
17
3397 203 8:34 a.m.
April 17 April
17
3202 204 8:35 a.m.
April 17 April
17
3362 205 8:36 a.m.
April 17 April
17
2755 206 8:36 a.m.
April 17 April
17
3622 207 8:40 a.m.
April 17 April
17
Sincerely,
Mark
Ritchie
Secretary
of State
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 2008 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:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
2822 208 2:20
p.m. April 18 April
18
1918 212 10:49
a.m. April 18 April
18
Sincerely,
Mark
Ritchie
Secretary
of State
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 2008 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:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3474 209 11:40
a.m. April 21 April
21
2930 210 11:41
a.m. April 21 April
21
1578 211 11:45
a.m. April 21 April
21
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3034, A bill for an act relating to construction professions; modifying
provisions relating to the electrical, plumbing, water conditioning, boiler,
and high-pressure piping professions; amending Minnesota Statutes 2006,
sections 299F.011, subdivision 3; 326.244, subdivision 1; 327.32, subdivision
1; 327.33, by adding subdivisions; 327A.04, subdivision 2; 327A.07; 327B.06,
subdivision 1; Minnesota Statutes 2007 Supplement, sections 16B.64, subdivision
8; 181.723, subdivision 2; 183.60, subdivision 2; 326.01, subdivisions 4b, 5;
326.2415, subdivisions 2, 6; 326.242, subdivisions 2, 3d, 5, 12, by adding
subdivisions; 326.244, subdivision 5; 326.37, subdivision 1a; 326.3705,
subdivision 1; 326.40, subdivisions 2, 3, by adding a subdivision; 326.47,
subdivision 2; 326.48, subdivisions 1, 2, 2a, 2b, 5; 326.50; 326.505, subdivisions
1, 2, 8; 326.62; 326.84, subdivision 1; 326.841; 326.86, subdivision 1; 326.87,
subdivision 5; 326.93, subdivision 4; 326.94, subdivision 2; 326.97,
subdivision 1a; 326B.082, subdivisions 8, 10, 11, 12, 13; 326B.083, subdivision
3; 326B.42, by adding a subdivision; 326B.89, subdivisions 5, 6, 12, 14;
327B.04, subdivision 4; Laws 2007, chapter 140, article 4, section 12;
repealing Minnesota Statutes 2006, section 16B.69; Minnesota Statutes 2007
Supplement, sections 326.2411; 326.372; 326.471; Laws 2007, chapter 9, section
1; Laws 2007, chapter 135, article 4, sections 2; 8; article 6, section 3; Laws
2007, chapter 140, article 12, section 9; Minnesota Rules, part 3800.3510.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3292, A bill for an act relating to education; managing school trust fund
lands; improving the returns for school trust fund lands; redefining the
mission of the Permanent School Fund Advisory Committee; providing a report;
amending Minnesota Statutes 2006, sections 16A.06, by adding a subdivision;
84.027, by adding a subdivision; 127A.30.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3380, A bill for an act relating to human services; revising requirements
for county-based purchasing for state health care programs; amending Minnesota
Statutes 2006, sections 13.461, by adding a subdivision; 256B.69, subdivision
5a, by adding subdivisions; 256B.692, subdivision 2, by adding a subdivision;
256L.12, subdivision 9; Minnesota Statutes 2007 Supplement, section 256B.69,
subdivision 4; Laws 2005, First Special Session chapter 4, article 8, section
84, as amended.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 256B.69, subdivision 4, is amended to read:
Subd.
4. Limitation
of choice. (a) The commissioner
shall develop criteria to determine when limitation of choice may be
implemented in the experimental counties.
The criteria shall ensure that all eligible individuals in the county have
continuing access to the full range of medical assistance services as specified
in subdivision 6.
(b)
The commissioner shall exempt the following persons from participation in the
project, in addition to those who do not meet the criteria for limitation of
choice:
(1)
persons eligible for medical assistance according to section 256B.055,
subdivision 1;
(2)
persons eligible for medical assistance due to blindness or disability as
determined by the Social Security Administration or the state medical review
team, unless:
(i)
they are 65 years of age or older; or
(ii)
they reside in Itasca County or they reside in a county in which the
commissioner conducts a pilot project under a waiver granted pursuant to
section 1115 of the Social Security Act;
(3) recipients
who currently have private coverage through a health maintenance organization;
(4)
recipients who are eligible for medical assistance by spending down excess
income for medical expenses other than the nursing facility per diem expense;
(5)
recipients who receive benefits under the Refugee Assistance Program,
established under United States Code, title 8, section 1522(e);
(6)
children who are both determined to be severely emotionally disturbed and
receiving case management services according to section 256B.0625, subdivision
20, except children who are eligible for and who decline enrollment in an
approved preferred integrated network under section 245.4682;
(7)
adults who are both determined to be seriously and persistently mentally ill
and received case management services according to section 256B.0625,
subdivision 20;
(8)
persons eligible for medical assistance according to section 256B.057,
subdivision 10; and
(9)
persons with access to cost-effective employer-sponsored private health insurance
or persons enrolled in a non-Medicare individual health plan determined to
be cost-effective according to section 256B.0625, subdivision 15.
Children under age 21 who
are in foster placement may enroll in the project on an elective basis. Individuals excluded under clauses (1), (6),
and (7) may choose to enroll on an elective basis. The commissioner may enroll recipients in the prepaid medical
assistance program for seniors who are (1) age 65 and over, and (2) eligible
for medical assistance by spending down excess income.
(c)
The commissioner may allow persons with a one-month spenddown who are otherwise
eligible to enroll to voluntarily enroll or remain enrolled, if they elect to
prepay their monthly spenddown to the state.
(d)
The commissioner may require those individuals to enroll in the prepaid medical
assistance program who otherwise would have been excluded under paragraph (b),
clauses (1), (3), and (8), and under Minnesota Rules, part 9500.1452, subpart
2, items H, K, and L.
(e)
Before limitation of choice is implemented, eligible individuals shall be
notified and after notification, shall be allowed to choose only among
demonstration providers. The
commissioner may assign an individual with private coverage through a health
maintenance organization, to the same health maintenance organization for
medical assistance coverage, if the health maintenance organization is under
contract for medical assistance in the individual's county of residence. After initially choosing a provider, the recipient
is allowed to change that choice only at specified times as allowed by the
commissioner. If a demonstration
provider ends participation in the project for any reason, a recipient enrolled
with that provider must select a new provider but may change providers without
cause once more within the first 60 days after enrollment with the second
provider.
(f) An
infant born to a woman who is eligible for and receiving medical assistance and
who is enrolled in the prepaid medical assistance program shall be
retroactively enrolled to the month of birth in the same managed care plan as
the mother once the child is enrolled in medical assistance unless the child is
determined to be excluded from enrollment in a prepaid plan under this section.
(g)
The commissioner shall assign an eligible individual, in the absence of a
specific managed care plan choice by the individual, to the county-based
purchasing health plan in Olmsted, Winona, Houston, Fillmore, and Mower
Counties.
EFFECTIVE DATE. This section is effective upon federal approval.
Sec.
2. Laws 2005, First Special Session
chapter 4, article 8, section 84, as amended by Laws 2006, chapter 264, section
15, is amended to read:
Sec.
84. SOLE-SOURCE OR SINGLE-PLAN MANAGED CARE CONTRACT.
(a)
Notwithstanding
Minnesota Statutes, section 256B.692, subdivision 6, clause (1), paragraph (c),
the commissioner of human services shall approve a county-based purchasing
health plan proposal, submitted on behalf of Cass, Crow Wing, Morrison, Todd,
and Wadena Counties, that requires county-based purchasing on a single-plan
basis contract if the implementation of the single-plan purchasing proposal
does not limit an enrollee's provider choice or access to services and all
other requirements applicable to health plan purchasing are satisfied. The commissioner shall continue, until
December 31, 2010, single health plan purchasing arrangements with
county-based purchasing entities in the service areas in existence on May 1,
2006, including arrangements for which a proposal was submitted by May 1, 2006,
on behalf of Cass, Crow Wing, Morrison, Todd, and Wadena Counties, in response
to a request for proposals issued by the commissioner.
(b)
Notwithstanding Minnesota Statutes, section 256B.692, subdivision 6, clause
(1)(c), the commissioner of human services shall approve a county-based
purchasing health plan proposal submitted on behalf of Winona, Houston,
Fillmore, and Mower Counties for medical assistance, MinnesotaCare, general
assistance medical care,
and
other prepaid health care programs administered by the commissioner of human
services if the implementation of the proposal does not limit an enrollee's
provider choice or access to services, and all other requirements applicable to
health plan purchasing are satisfied.
(c)
The commissioner shall develop a plan to reopen all counties for competitive
reprocurement every five years, beginning in 2011.
(d)
The
commissioner shall consider, and may approve, contracting on a single-health
plan basis with county-based purchasing plans, or with other qualified health
plans that have coordination arrangements with counties, to serve persons with
a disability who voluntarily enroll, in order to promote better coordination or
integration of health care services, social services and other community-based
services, provided that all requirements applicable to health plan purchasing,
including those in Minnesota Statutes, section 256B.69, subdivision 23, are
satisfied. By January 15, 2007, the
commissioner shall report to the chairs of the appropriate legislative
committees in the house and senate an analysis of the advantages and
disadvantages of using single-health plan purchasing to serve persons with a
disability who are eligible for health care programs. The report shall include consideration of the impact of federal
health care programs and policies for persons who are eligible for both federal
and state health care programs and shall consider strategies to improve
coordination between federal and state health care programs for those persons."
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3437, A bill for an act relating to natural resources; providing a process
for designating star lakes and rivers; allowing for placement of star lake and
river signs on highways; requiring a report; appropriating money; proposing
coding for new law in Minnesota Statutes, chapters 103B; 173.
Reported
the same back with the following amendments:
Page
3, line 32, after the period, insert "The Department of Transportation
must bill the cost of the signs erected under this section to the requester."
Page
4, delete section 4
Amend
the title as follows:
Page
1, line 4, delete "appropriating money;"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3498, A bill for an act relating to public safety; authorizing compensation
for members of Firefighter Training and Education Board; amending Minnesota
Statutes 2006, section 299N.02, subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3587, A bill for an act relating to state government; specifying the
development of budget recommendations and requiring state agencies to provide
information; amending Minnesota Statutes 2006, section 3.885, by adding a
subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
3.885, is amended by adding a subdivision to read:
Subd.
10. Budget
development. The commission
or appropriate committee of the house of representatives or senate may develop
budget recommendations to present to the legislature. If the commission or committees proceed with the development of
budget recommendations, state agencies must provide requested information. That information includes the base budget,
information on how the base budget is determined and how it is allocated,
recommendations from agency staff for changes in the base level appropriations
to improve agency operations and efficiency or to improve or increase
efficiency of programs operated by the agency, and responses to proposals for
reductions in agency budgets.
Sec.
2. Minnesota Statutes 2006, section
3.885, is amended by adding a subdivision to read:
Subd.
11. Subcommittee
on Government Accountability. The
commission must form a Subcommittee on Government Accountability under section
3.3056 to review recommendations from the commissioner of finance under section
16A.10, subdivision 1c, and to review recommendations from the commissioners of
finance and administration on how to improve the use of Minnesota Milestones
and other statewide goals and indicators in state planning and budget
documents. The subcommittee shall consider
testimony from representatives from the following organizations and agencies:
(1) nonprofit organizations involved in the preparation of Minnesota
Milestones; (2) the University of Minnesota and other higher education
institutions; (3) the Department of Finance and other state agencies; and (4)
other legislators. The subcommittee
shall report to the commission by February 1 of each odd-numbered year with
long-range recommendations for the further implementation and uses of Minnesota
Milestones and other government accountability improvements.
Sec.
3. Minnesota Statutes 2006, section
3.987, subdivision 1, is amended to read:
Subdivision
1. Local
impact notes. The commissioner of
finance shall coordinate the development of a local impact note for any
proposed legislation introduced after June 30, 1997, or any rule proposed after
December 31, 1999, upon request of the chair or the ranking minority member of
either legislative Tax or Finance Committee or the house Committee on
Ways and Means. Upon receipt of a
request to prepare a local impact note, the commissioner must notify the
authors of the proposed legislation or, for an administrative rule, the head of
the relevant executive agency or department, that the request has been made. The local impact note must be made
available
to the public upon request. If the
action is among the exceptions listed in section 3.988, a local impact note
need not be requested nor prepared. The
commissioner shall make a reasonable and timely estimate of the local fiscal
impact on each type of political subdivision that would result from the
proposed legislation. The commissioner
of finance may require any political subdivision or the commissioner of an
administrative agency of the state to supply in a timely manner any information
determined to be necessary to determine local fiscal impact. The political subdivision, its
representative association, or commissioner shall convey the requested
information to the commissioner of finance with a signed statement to the effect
that the information is accurate and complete to the best of its ability. The political subdivision, its
representative association, or commissioner, when requested, shall update its
determination of local fiscal impact based on actual cost or revenue figures,
improved estimates, or both. Upon
completion of the note, the commissioner must provide a copy to the authors of
the proposed legislation, as well as the chair and ranking minority member
of all committees to which a bill is referred, or, for an administrative
rule, to the head of the relevant executive agency or department.
Sec.
4. Minnesota Statutes 2006, section
16A.10, subdivision 1, is amended to read:
Subdivision
1. Budget
format. In each even-numbered
calendar year the commissioner shall prepare budget forms and instructions for
all agencies, including guidelines for reporting agency performance measures,
subject to the approval of the governor.
In addition to review required under subdivision 1c, the
commissioner shall request and receive advisory recommendations from the chairs
of the senate Finance Committee and house of representatives Ways and Means
Committee before adopting a format for the biennial budget document. By June 15, the commissioner shall send the
proposed budget forms to the appropriations and finance committees. The committees have until July 15 to give
the commissioner their advisory recommendations on possible improvements. To facilitate this consultation, the
commissioner shall establish a working group consisting of executive branch
staff and designees of the chairs of the senate Finance and house of
representatives Ways and Means Committees.
The commissioner must involve this group in all stages of development of
budget forms and instructions. The
budget format must show actual expenditures and receipts for the most recent
fiscal year, estimated expenditures and receipts for the current fiscal year,
and estimates for each fiscal year of the next biennium. Estimated expenditures must be classified by
funds and character of expenditures and may be subclassified by programs and
activities. Agency revenue estimates
must show how the estimates were made and what factors were used. Receipts must be classified by funds,
programs, and activities. Expenditure
and revenue estimates must be based on the law in existence at the time the
estimates are prepared.
Sec.
5. Minnesota Statutes 2006, section
16A.10, subdivision 1a, is amended to read:
Subd.
1a. Purpose of performance data.
Performance data shall be presented in the budget proposal to:
(1)
provide information so that the legislature can determine the extent to which
state programs are successful;
(2)
encourage agencies to develop clear goals and objectives for their programs; and
(3)
strengthen accountability to Minnesotans by providing a record of state
government's performance in providing effective and efficient services; and
(4)
provide information so that the legislature can determine the extent to which
agency resources are being used to achieve performance goals.
Sec.
6. Minnesota Statutes 2006, section
16A.10, subdivision 1c, is amended to read:
Subd.
1c. Performance measures for change items. For each change item in the budget proposal requesting new or
increased funding, the budget document must present proposed performance
measures that can be used to determine if the new or increased funding is
accomplishing its goals. To the
extent possible, each budget change
item
must identify relevant Minnesota Milestones and other statewide goals and
indicators related to the proposed initiative.
By June 15 of each even-numbered year, the commissioner must report to
the Subcommittee on Government Accountability established under section 3.885,
subdivision 10, regarding the format and process to be used for the
presentation and selection of Minnesota Milestones and other statewide goals
and indicators. By July 15 of each
even-numbered year, the subcommittee must approve the format and process for
use in the preparation of the budget documents.
Sec. 7. [16A.107]
CASH FLOW FORECAST.
Within
30 days after the November forecast of state revenue and expenditures under
section 16A.103, the commissioner shall deliver to the governor and the
legislature a forecast of cash flow for the general fund, showing the expected
maximum and minimum cash balance in the fund for each month of the forecast
period.
Sec.
8. Minnesota Statutes 2006, section
16A.11, is amended by adding a subdivision to read:
Subd.
8. Deficiency
requests. By January 15 of
each year, the commissioner of finance must notify the chair of the senate
Finance Committee and the chair of the house Ways and Means Committee of any
budget change requests requiring priority attention to eliminate budget
shortfalls likely to occur before the end of the legislative session, or for
which legislative inaction would result in the suspension of agency or program
operations.
Sec.
9. [43A.015]
DUTIES AND RIGHTS OF EXECUTIVE EMPLOYEES.
(a)
Except as provided in paragraph (b), executive branch state employees are
expected during their work hours to be nonpartisan resources to all decision
makers, and to provide timely, professional assistance to both executive and
legislative decision makers and their staff in understanding the current
service and finance system and the potential impact of changes on these
systems. Workload concerns related to
these requests shall be mediated, if necessary, by management staff in a manner
that does not advantage any particular set of decision makers, but allows for
balanced support and adequate attention to the ongoing responsibilities of the
agency. This section does not authorize
or require an employee to disclose data that is not public data under chapter
13.
(b)
If an executive branch employee's responsibilities include advocating for the
appointing authority's policy goals or political goals, these responsibilities
must be included in a position description that is available to the
public. A managerial employee must not
request an executive branch state employee to advocate policy or political
goals during hours of work, except according to the employee's position
description.
Sec.
10. Minnesota Statutes 2007 Supplement,
section 181.932, subdivision 1, is amended to read:
Subdivision
1. Prohibited
action. An employer shall not
discharge, discipline, threaten, otherwise discriminate against, or penalize an
employee regarding the employee's compensation, terms, conditions, location, or
privileges of employment because:
(a)
the employee, or a person acting on behalf of an employee, in good faith,
reports a violation or suspected violation of any federal or state law or rule
adopted pursuant to law to an employer or to any governmental body or law
enforcement official;
(b)
the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;
(c)
the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or
rule or regulation adopted pursuant to law, and the employee informs the
employer that the order is being refused for that reason;
(d)
the employee, in good faith, reports a situation in which the quality of health
care services provided by a health care facility, organization, or health care
provider violates a standard established by federal or state law or a
professionally recognized national clinical or ethical standard and potentially
places the public at risk of harm; or
(e) a
public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate,
including reports to a governmental body or law enforcement official; or
(f)
an employee in the executive branch of state government communicates information
that the employee, in good faith, believes to be truthful and accurate, and
that relates to improving services provided by the executive branch, to: (1) a
legislator or an employee in the legislative branch; or (2) an elected official
in the executive branch.
The disclosures protected
pursuant to this section do not authorize the disclosure of data otherwise
protected by law.
Sec.
11. Laws 2005, First Special Session
chapter 1, article 4, section 121, subdivision 4, as amended by Laws 2007,
chapter 29, section 1, subdivision 4, is amended to read:
Subd.
4. Duties. The commission
shall have the following duties:
(1) to
present to the governor and legislature a plan for grants to pay for capital
improvements on Minnesota's historic public and private buildings, to be known
as sesquicentennial grants;
(2) to
seek funding for activities to celebrate the 150th anniversary of statehood,
and to form partnerships with private parties to further this mission;
(3) to
present an annual report to the governor and legislature outlining progress
made towards the celebration of the sesquicentennial; and
(4) to
encourage all activities celebrating the sesquicentennial to be as energy
efficient as practicable; and
(5)
to solicit input and suggestions from communities throughout the state during
the sesquicentennial celebration regarding the selection and use of Minnesota
Milestones goals and indicators.
Sec.
12. WORKING GROUP FOR MINNESOTA MILESTONES PROCESS AND INDICATORS.
By
June 1, 2008, the commissioner of finance shall convene a working group of
state agency staff, legislative staff, and other interested parties to assist
in the preparation of recommendations for the Minnesota Milestones report
required under Minnesota Statutes, section 16A.10, subdivision 1c. The working group shall consider
collaborative opportunities with community organizations and higher education
institutions. The working group expires
30 days after the commissioner has submitted recommendations required under
Minnesota Statutes, section 16A.10, subdivision 1c."
Delete
the title and insert:
"A
bill for an act relating to state government; specifying budget development;
establishing a Subcommittee on Government Accountability; aligning performance
goals and agency resources; requiring a cash flow forecast; requiring certain
duties and establishing certain rights for executive employees; amending
Minnesota Statutes 2006, sections 3.885, by adding subdivisions; 3.987,
subdivision 1; 16A.10, subdivisions 1, 1a, 1c; 16A.11, by adding a subdivision;
Minnesota Statutes 2007 Supplement, section 181.932, subdivision 1; Laws 2005,
First Special Session chapter 1, article 4, section 121, subdivision 4, as
amended; proposing coding for new law in Minnesota Statutes, chapters 16A; 43A."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3685, A bill for an act relating to environment; modifying toxic chemical
release reporting requirements; amending Minnesota Statutes 2006, section
299K.08, by adding a subdivision.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Ways and Means.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3729, A bill for an act relating to energy; establishing Legislative Energy
Commission; abolishing Legislative Electric Energy Task Force; making
conforming correction; appropriating money; amending Minnesota Statutes 2006,
section 216B.2424, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 3; repealing Minnesota Statutes 2006, section 216C.051,
subdivisions 3, 4a, 6, 7, 8; Minnesota Statutes 2007 Supplement, section
216C.051, subdivisions 2, 8a, 9.
Reported
the same back with the following amendments:
Page
1, line 24, delete "task force" and insert "commission"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3955, A bill for an act relating to human services; modifying regulations
of certain home care service providers; promoting community-based care for
older adults through the establishment of community consortiums; requiring
reports; amending Minnesota Statutes 2006, section 144A.45, subdivision 1, by
adding a subdivision.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 4100, A bill for an act relating to transportation; establishing driver and
vehicle services technology account; imposing technology surcharge; adjusting
certain fees; amending Minnesota Statutes 2006, sections 168.013, by adding a
subdivision; 168A.29, as amended; 299A.705, by adding a subdivision; Minnesota
Statutes 2007 Supplement, section 171.06, subdivision 2.
Reported
the same back with the following amendments:
Page
1, line 19, delete "$7.25" and insert "$8"
Page 2,
line 4, delete "$6.50" and insert "$7.25"
Page
2, line 9, delete "$8.25" and insert "$9"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Taxes.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
S. F.
No. 2706, A bill for an act relating to energy; providing for development and
application of building energy usage performance standards; amending Minnesota
Statutes 2006, section 16B.325; Minnesota Statutes 2007 Supplement, section
216B.241, subdivision 1e, by adding a subdivision.
Reported
the same back with the recommendation that the first unofficial engrossment
pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
S. F.
No. 2786, A bill for an act relating to occupations; modifying effective dates
for restricted plumber licenses; amending Minnesota Statutes 2007 Supplement,
section 326.402, subdivisions 1, 3.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 3034, 3292, 3380, 3437, 3498, 3587, 3729 and 3955
were read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 2795, 2942, 2965, 3683, 2706 and 2786 were read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Zellers, Simpson, Emmer, Brod, Gottwalt, Finstad, Eastlund,
Gunther, Erickson, Drazkowski, Nornes, Wardlow, Severson, Kohls, Demmer and
McNamara introduced:
H. F. No. 4208, A bill for an act relating to taxation;
modifying the provisions of the international economic development zone;
repealing the corporate franchise tax; amending Minnesota Statutes 2006,
sections 272.02, subdivision 83; 290.06, subdivision 2c, as amended; 290.067,
subdivision 1; 290.0671, subdivision 1; 290.091,
subdivision 2, as amended;
297A.68, subdivision 41; 469.321, subdivision 6; 469.322; 469.324; 469.327,
subdivisions 1, 2; 469.328, subdivision 1; 469.329; Minnesota Statutes 2007
Supplement, section 290.01, subdivision 19b, as amended; repealing Minnesota
Statutes 2006, sections 289A.08, subdivision 3; 289A.26; 290.01, subdivisions
19c, 19d; 290.014, subdivision 5; 290.02; 290.06, subdivision 1; 290.0921;
290.0922; 290.093; 290.21; 290.34; 290.36; 290.371; 290.432; 469.321,
subdivisions 2, 3, 7, 8, 9; 469.3215; 469.323; 469.325; 469.326.
The bill was read for the first time and referred to the
Committee on Taxes.
Davnie, Greiling, Mariani, Morrow, Slawik and Anzelc
introduced:
H. F. No. 4209, A bill for an act relating to education
finance; expanding the tax levy for school district judgments; amending
Minnesota Statutes 2006, section 126C.43, subdivision 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Davnie introduced:
H. F. No. 4210, A bill for an act relating to taxation;
increasing area of homeless TIF district in Minneapolis; amending Laws 2006,
chapter 259, article 10, section 14, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Kahn, Greiling, Westrom and Davnie introduced:
H. F. No. 4211, A bill for an act relating to housing;
requiring heating facilities in rental property; providing penalties; proposing
coding for new law in Minnesota Statutes, chapter 504B.
The bill was read for the first time and referred to the
Housing Policy and Finance and Public Health Finance Division.
Sertich 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 Speaker pro
tempore Thissen.
Thao was excused between the hours of 10:35 a.m. and 12:05 p.m.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 3662
A bill for an act relating to local government; providing for a
public hearing and public testimony before making an appointment to fill a
vacancy on a county board; amending Minnesota Statutes 2006, section 375.101,
by adding a subdivision.
April
21, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3662 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
3662 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement, section
375.101, subdivision 4, is amended to read:
Subd.
4. Option
for filling vacancies; appointment.
Except as provided in subdivision 3, and as an alternative to the
procedure provided in subdivisions 1 and 2, any other vacancy in the office of
county commissioner may be filled by board appointment at a regular or special
meeting. The appointment shall be
evidenced by a resolution entered in the minutes and shall continue until an
election is held under this subdivision.
All elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the first
day to file affidavits of candidacy for the next county general election and
more than two years remain in the unexpired term, a special election shall be
held in conjunction with the county general election. The appointed person shall serve until the qualification of the
successor elected to fill the unexpired part of the term at that special
election. If the vacancy occurs on or
after the first day to file affidavits of candidacy for the county general
election, or when less than two years remain in the unexpired term, there shall
be no special election to fill the vacancy and the appointed person shall serve
the remainder of the unexpired term and until a successor is elected and
qualifies at the county general election. If one year or more remains in
the unexpired term, a special election must be held under subdivision 1. If less than one year remains in the
unexpired term, the county board may appoint a person to fill the vacancy for
the remainder of the unexpired term, unless the vacancy occurs within 90 days
of the next county general election, in which case an appointment shall not be
made and the vacancy must be filled at the general election. The person elected to fill a vacancy at the
general election takes office immediately in the same manner as for a special
election under subdivision 1, and serves the remainder of the unexpired term
and the new term for which the election was otherwise held.
Sec.
2. Minnesota Statutes 2006, section
375.101, is amended by adding a subdivision to read:
Subd.
5. County
boards. Before making an
appointment to fill a vacancy under subdivision 4, the county board must hold a
public hearing not more than 30 days after the vacancy occurs with public
notice given in the same manner as for a special meeting of the county
board. At the public hearing the board
must invite public testimony from persons residing in the district in which the
vacancy occurs relating to the qualifications of prospective appointees to fill
the vacancy. Before making an
appointment, the board also must notify public officials in the affected
district on the appointment, including town board and city council members, and
must enter into the record at the board meeting in which the appointment is
made the names and addresses of the public officials notified. If
after
the public hearing, the board is unable or decides not to make an appointment
under subdivision 4, it must hold a special election under subdivision 1, but
the time period in which the election must be held begins to run from the date
of the public hearing."
Delete
the title and insert:
"A
bill for an act relating to local government; providing for a public hearing
and public testimony before making an appointment to fill a vacancy on a county
board; changing the time period in which an appointment may be made; amending
Minnesota Statutes 2006, section 375.101, by adding a subdivision; Minnesota
Statutes 2007 Supplement, section 375.101, subdivision 4."
We
request the adoption of this report and repassage of the bill.
House Conferees: Bill Hilty, Will Morgan and Larry Howes.
Senate Conferees: Tony Lourey, Rick E. Olseen and Betsy L.
Wergin.
Hilty moved that the report of the Conference Committee on
H. F. No. 3662 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
H. F. No. 3662, A bill for an act relating to local government;
providing for a public hearing and public testimony before making an
appointment to fill a vacancy on a county board; amending Minnesota Statutes
2006, section 375.101, by adding a subdivision.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 130 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was repassed, as amended by Conference, and its title
agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested immediate
consideration of H. F. No. 3722.
H. F. No. 3722, A bill for an act relating to economic
development; providing military reservist economic injury loans; defining
terms; appropriating money; amending Minnesota Statutes 2007 Supplement,
section 116L.17, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 116J.
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 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested immediate
consideration of S. F. No. 3337.
S. F. No. 3337 was reported to the House.
Hilty moved to amend S. F.
No. 3337, the unofficial engrossment, as follows:
Page 1, delete section 1
Page 14, line 3, delete
"International" and insert "Intergovernmental"
Page 15, delete section 23
Page 15, line 26, delete
"sections 115.071 and" and insert "section"
Page 16, line 2, after the
period, insert "The options for reducing emissions must include phasing
out specific consumer products containing high global warming potential gases
where that is cost-effective."
Page 16, delete section 26
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Kohls moved that S. F. No. 3337, the unofficial engrossment, as
amended, be re-referred to the Committee on Public Safety and Civil
Justice. The motion did not prevail.
Nornes moved to amend S. F.
No. 3337, the unofficial engrossment, as amended, as follows:
Page 8, delete lines 3 to 14
A roll call was requested and properly seconded.
The question was taken on the Nornes amendment and the roll was
called. There were 46 yeas and 84 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Olin
Olson
Paulsen
Peppin
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Westrom; Peterson, A., and
Heidgerken moved to amend S. F. No. 3337, the unofficial engrossment, as
amended, as follows:
Page 12, after line 1,
insert:
"Sec. 17. [216F.012]
SIZE ELECTION.
(a) Owners of wind energy
conversion systems that consist of single ownership units with a nameplate
capacity less than five megawatts and a combined nameplate capacity of less
than 25 megawatts, as determined under section 216F.011, may elect to be
classified as a small wind energy conversion system or a large wind energy
conversion system under this chapter.
(b) This section expires
July 1, 2012."
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. 3337, the unofficial engrossment, as amended, as
follows:
Page
10, after line 16, insert:
"Sec.
14. Minnesota Statutes 2006, section
216B.243, subdivision 3b, is amended to read:
Subd.
3b. Nuclear power plant; new construction prohibited; relicensing. (a) The commission may not issue a
certificate of need for the construction of a new nuclear-powered electric
generating plant, unless the federal Price-Anderson Act is reviewed.
(b)
Any certificate of need for additional storage of spent nuclear fuel for a
facility seeking a license extension shall address the impacts of continued
operations over the period for which approval is sought."
Renumber
the sections in sequence and correct the internal references
Amend
the title accordingly
A roll call was requested and properly seconded.
The Speaker resumed the Chair.
Kahn moved to amend the Hackbarth amendment to S. F. No. 3337,
the unofficial engrossment, as amended, as follows:
Page 1, line 7, after "unless" and insert
"the limitation on the liability in"
Page 1, line 8, delete "reviewed" and insert
"repealed"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 43 yeas
and 87 nays as follows:
Those who voted in the affirmative were:
Atkins
Bigham
Bly
Brynaert
Clark
Davnie
Dominguez
Eken
Gardner
Greiling
Hackbarth
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Jaros
Johnson
Kahn
Kalin
Knuth
Laine
Lenczewski
Liebling
Lillie
Madore
Mariani
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Peterson, A.
Rukavina
Sailer
Sertich
Thao
Tillberry
Tschumper
Wagenius
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Benson
Berns
Brod
Brown
Buesgens
Bunn
Carlson
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Doty
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Huntley
Juhnke
Koenen
Kohls
Kranz
Lanning
Lieder
Loeffler
Magnus
Mahoney
Marquart
Masin
McNamara
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thissen
Tingelstad
Urdahl
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
The motion did not prevail and the amendment to the amendment
was not adopted.
The question recurred on the Hackbarth amendment and the roll
was called. There were 52 yeas and 79
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Koenen
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Emmer moved to amend S. F.
No. 3337, the unofficial engrossment, as amended, as follows:
Page 13, delete section 20
Page 14, delete sections 21
and 22
Page 15, line 26, delete
"Sections 216H.10 to" and insert "Section"
Page 15, delete section 25
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 Emmer amendment and the roll was
called. There were 45 yeas and 86 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Kohls moved to amend S. F.
No. 3337, the unofficial engrossment, as amended, as follows:
Page 5, lines 18 and 24,
reinstate the stricken "objectives" and insert "and standards"
and delete "obligations"
The motion prevailed and the amendment was adopted.
Erickson moved to amend S.
F. No. 3337, the unofficial engrossment, as amended, as follows:
Page 14, line 4, before the
period, insert "and other authoritative reports"
A roll call was requested and properly seconded.
The question was taken on the Erickson amendment and the roll
was called. There were 43 yeas and 87
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Hilty moved to amend S. F. No. 3337, the unofficial
engrossment, as amended, as follows:
Page 13, line 5, after "regular" delete the
comma
Page 13, line 6, delete "mandated"
The motion prevailed and the amendment was adopted.
Olson;
Anderson, B.; Shimanski and Erickson moved to amend S. F. No. 3337, the
unofficial engrossment, as amended, as follows:
Page
14, delete section 21 and insert:
"Sec.
21. [216H.13] GLOBAL WARMING CLIMATE CHANGE POLICY ISSUES; REQUIRED
PUBLIC HEARINGS.
(a)
By July 1, 2010, the Pollution Control Agency must hold at least three public
hearings in each Congressional district in this state, during which equal time
for expert testimony on the scientific evidence with respect to the global
warming climate change issues and related policy options is provided to both
proponents and opponents. Public
testimony must also be allowed. Each
meeting must last a minimum of two hours.
(b)
The hearings in paragraph (a) are contingent on private funding being
contributed equally from both proponents and opponents."
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 Olson et al amendment and the
roll was called. There were 37 yeas and
94 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Kohls
Lanning
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
The Speaker called Thissen to the Chair.
S. F. No. 3337, A bill for an act relating to energy; creating
coordinated process for reducing greenhouse gas emissions; proposing coding for
new law in Minnesota Statutes, chapter 216H.
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 109 yeas and 22
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Dean
DeLaForest
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Hackbarth
Holberg
Howes
Kohls
Olson
Peppin
Seifert
Shimanski
Wardlow
Zellers
The bill was passed, as amended, and its title agreed to.
REPORT
FROM THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Wednesday, April 23, 2008:
H. F. Nos. 3195, 2996, 3090, 3486 and 3800; and
S. F. Nos. 2942, 3331, 2967, 3564, 3069, 2996, 3360, 3455, 3672,
3098, 3756, 3755 and 3443.
Erhardt was excused between the hours of 1:15 p.m. and 4:20
p.m.
CALENDAR FOR THE DAY
H. F. No. 3195 was reported to the House.
Knuth
moved to amend H. F. No. 3195, the third engrossment, as follows:
Page
1, line 13, delete "December 1, 2008" and insert "January
15, 2009"
Page
2, delete line 23, and insert "The report must be submitted to the
chairs and ranking minority members of the
senate and house of representatives committees with primary jurisdiction over
energy policy and environmental policy by January 15, 2009."
Page
3, line 23, delete "job loss" and insert "jobs"
Page
4, line 1, delete "1" and insert "15"
Page
4, line 4, delete "(a)"
Page
4, line 15, delete the second "and"
Page
4, line 16, delete the period and insert "; and"
Page
4, line 17, delete everything before "directed" and insert
"(7) a scenario in which a majority of expenditures is" and
delete "paragraph (a),"
The motion prevailed and the amendment was adopted.
Erickson moved to amend H.
F. No. 3195, the third engrossment, as amended, as follows:
Page 3, after line 34,
insert:
"(d) The study must
include a summary of findings from credible scientists, researchers, and higher
educational institutions that attribute causes other than human activity as
causes of climate change."
Page 4, line 1, delete
"(d)" and insert "(e)"
A roll call was requested and properly seconded.
The question was taken on the Erickson amendment and the roll
was called. There were 46 yeas and 84
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Lanning
Magnus
McFarlane
Murphy, E.
Nornes
Olson
Paulsen
Peppin
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Brod moved to amend H. F.
No. 3195, the third engrossment, as amended, as follows:
Page 1, delete section 2
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 Brod amendment and the roll was
called. There were 41 yeas and 89 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
Nornes
Olin
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Howes moves to amend H. F.
No. 3195, the third engrossment, as amended, as follows:
Page 2, delete line 12 and
insert "approved by a majority vote of the Iron Range Resources and
Rehabilitation Board."
The motion did not prevail and the amendment was not adopted.
McNamara moved to amend H.
F. No. 3195, the third engrossment, as amended, as follows:
Page 2, line 12, after
"legislature" insert "and the legislatures of at least
two states bordering Minnesota"
A roll call was requested and properly seconded.
The question was taken on the McNamara amendment and the roll
was called. There were 48 yeas and 82
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Juhnke
Koenen
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olin
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Magnus, Hamilton and Lanning
moved to amend H. F. No. 3195, the third engrossment, as amended, as follows:
Page 2, after line 12,
insert:
"(d) Any cap and
trade agreements entered into may not limit greenhouse gas emissions from
municipal utilities or cooperative electric associations selling electricity in
Minnesota."
A roll call was requested and properly seconded.
The question was taken on the Magnus et al amendment and the
roll was called. There were 51 yeas and
78 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Bly
Brod
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Dill
Doty
Drazkowski
Eastlund
Emmer
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Juhnke
Koenen
Kohls
Lanning
Magnus
McFarlane
Nornes
Olin
Olson
Otremba
Peppin
Rukavina
Seifert
Severson
Shimanski
Simpson
Tschumper
Urdahl
Ward
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Atkins
Benson
Berns
Bigham
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dittrich
Dominguez
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Wagenius
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Hoppe
moved to amend H. F. No. 3195, the third engrossment, as amended, as follows:
Page
2, line 4, after "legislators" insert ", three
representatives from the business community, and three representatives from
organized labor"
Page
2, line 6, after "legislators" insert "and business
and labor representatives"
A roll call was requested and properly seconded.
Mahoney moved to amend the Hoppe amendment to H. F. No. 3195,
the third engrossment, as amended, as follows:
Page 1, line 2, delete ", three representatives from
the business"
Page 1, line 3, delete "community,"
Page 1, line 4, delete "and business"
The motion prevailed and the amendment to the amendment was
adopted.
Hoppe withdrew his amendment, as amended, to H. F. No. 3195,
the third engrossment, as amended.
Emmer
and Magnus moved to amend H. F. No. 3195, the third engrossment, as amended, as
follows:
Page
2, after line 12, insert:
"Sec.
4. [216H.13]
CAP AND TRADE PROGRAM; TERMINATION.
If
the Department of Commerce determines that implementing a cap and trade program
results in energy prices increasing to a level exceeding 30 percent of median
family income in Minnesota, the cap and trade program is terminated without
further action by the legislature."
A roll call was requested and properly seconded.
The question was taken on the Emmer and Magnus amendment and
the roll was called. There were 59 yeas
and 70 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Berns
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Juhnke
Koenen
Kohls
Kranz
Lanning
Liebling
Magnus
McFarlane
Nornes
Norton
Olin
Olson
Paulsen
Pelowski
Peppin
Poppe
Rukavina
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Clark
Davnie
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Laine
Lenczewski
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Otremba
Ozment
Peterson, A.
Peterson, N.
Peterson, S.
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Anderson,
S., and Bunn moved to amend H. F. No. 3195, the third engrossment, as amended,
as follows:
Page
4, line 9, after "emissions" insert ", including
telecommuting tax credits"
The motion prevailed and the amendment was adopted.
Olson and Erickson moved to
amend H. F. No. 3195, the third engrossment, as amended, as follows:
Page 3, after line 34,
insert:
"(d) The study must
consider greenhouse gas emissions in developing countries such as China and
India compared to emissions in the United States and Minnesota, to confirm
possible effects from expanded trade with those developing countries and
increased resulting emissions."
Page 4, line 1, delete
"(d)" and insert "(e)"
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 Olson and Erickson amendment and
the roll was called. There were 47 yeas
and 83 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Rukavina
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Mahoney, Hoppe and Knuth
moved to amend H. F. No. 3195, the third engrossment, as amended, as follows:
Page 2, line 4, after "legislators"
insert ", two representatives from the non-energy-related business
community, and three representatives from organized labor"
Page 2, line 6, after "legislators"
insert "and business and labor representatives"
The motion prevailed and the amendment was adopted.
Thissen was excused for the remainder of today's session.
Magnus moved to amend H. F.
No. 3195, the third engrossment, as amended, as follows:
Page 2, after line 12,
insert:
"Sec. 4. [216H.13]
CAP AND TRADE PROGRAM; TERMINATION.
If the cost to Minnesota
consumers and businesses of implementing a cap and trade program exceeds $5
billion annually, as estimated by the Department of Commerce, the cap and trade
program is terminated without further action by the legislature."
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 Magnus amendment and the roll was
called. There were 43 yeas and 86 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Lanning
Liebling
Magnus
McFarlane
Nornes
Olin
Olson
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Emmer moved to amend H. F.
No. 3195, the third engrossment, as amended, as follows:
Page 3, line 29, delete
"and"
Page 3, line 31, before the
period, insert "; and
(11) an estimate of
greenhouse gas emissions from publicly-owned buses containing fewer than six
fare-paying passengers"
The motion did not prevail and the amendment was not adopted.
DeLaForest moved to amend H.
F. No. 3195, the third engrossment, as amended, as follows:
Page 2, delete line 12 and
insert "the Minnesota corporate tax rate is lowered sufficiently to
offset producer cost increases estimated in the study conducted under section
4, subdivision 2, paragraph (b), clauses (1) and (2)."
A roll call was requested and properly seconded.
The question was taken on the DeLaForest amendment and the roll
was called. There were 46 yeas and 82
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Berns
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Paulsen
Peppin
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Kranz was excused for the remainder of today's session.
Gunther moved to amend H. F.
No. 3195, the third engrossment, as amended, as follows:
Page 2, after line 12,
insert:
"Sec. 4. [216H.13]
POST-IMPLEMENTATION COST STUDY.
Beginning one year after the
initial implementation of a statewide cap and trade program, and each year
thereafter, the Department of Commerce shall submit a study to the chairs and
ranking minority members of the senate and house of representatives committees
with primary jurisdiction over energy policy and environmental policy that
estimates the annual economic cost to Minnesota consumers and businesses
resulting from the implementation of the cap and trade program."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
Knuth moved to amend the Gunther amendment to H. F. No. 3195,
the third engrossment, as amended, as follows:
Page 1, line 8, after "cost" insert "and
benefit"
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Gunther amendment, as amended, to
H. F. No. 3195. The
motion prevailed and the amendment, as amended, was adopted.
Kohls moved to amend H. F.
No. 3195, the third engrossment, as amended, as follows:
Page 2, line 12, after
"by" insert "an affirmative vote of two-thirds of the
members of both houses of"
A roll call was requested and properly seconded.
The question was taken on the Kohls amendment and the roll was
called. There were 40 yeas and 88 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Magnus, Kohls and Brod moved
to amend H. F. No. 3195, the third engrossment, as amended, as follows:
Page 2, line 12, after
"legislature" insert "and by a statewide referendum"
The motion did not prevail and the amendment was not adopted.
Peppin moved to amend H. F.
No. 3195, the third engrossment, as amended, as follows:
Page 3, after line 34,
insert:
"(d) The study must
consider the public health impacts as well as greenhouse gas reductions
associated with the use of compact fluorescent light bulbs (CFL)."
A roll call was requested and properly seconded.
The question was taken on the Peppin amendment and the roll was
called. There were 42 yeas and 86 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
H. F. No. 3195, A bill for an act relating to environment;
establishing an intent to participate in a cap and trade program for greenhouse
gas emissions; requiring studies; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 216H.
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 91 yeas and 38
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Swails
Thao
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anzelc
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Magnus
Nornes
Olin
Olson
Peppin
Rukavina
Seifert
Severson
Shimanski
Simpson
Solberg
Urdahl
Wardlow
Westrom
Zellers
The bill was passed, as amended, and its title agreed to.
Paulsen was excused for the remainder of today's session.
H. F. No. 3486, A bill for an act relating to motor carriers;
reallocating proceeds of fees collected since 2005 under the International Fuel
Tax Agreement compact; amending Minnesota Statutes 2006, sections 168D.06;
168D.07; 299A.705, subdivision 1.
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 115 yeas and 13
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Dettmer
Drazkowski
Emmer
Erickson
Hackbarth
Olson
Peppin
Seifert
Shimanski
Simpson
Westrom
The bill was passed and its title agreed to.
Sertich moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 3662, A bill for an act relating to local government;
providing for a public hearing and public testimony before making an
appointment to fill a vacancy on a county board; amending Minnesota Statutes
2006, section 375.101, by adding a subdivision.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 3370 and 3363.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 3370, A bill for an act relating to elections;
providing for assessment and payment of certain costs; amending Minnesota
Statutes 2006, section 211B.37.
The bill was read for the first time.
Kalin moved that S. F. No. 3370 and H. F. No. 3702, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3363, A bill for
an act relating to state government; improving access to budget information by
members of the legislature; specifying the development of budget
recommendations and requiring state agencies to provide information;
establishing a subcommittee of the Legislative Commission on Planning and
Fiscal Policy; requiring disclosure of status of fiscal note requests;
providing for appeal of fiscal note conclusions; modifying state budget
requirements; incorporating
Minnesota Milestones goals and indicators in budget preparation; requiring
commissioner of finance to adjust for projected inflation in forecasting state
expenditures; requiring a forecast of cash flow for the general fund; providing
deadline for modifying budget after February forecast; specifying format for
detailed budget estimates of expenditures; imposing deadline for notice of
deficiency requests; providing a process to increase the budget reserve;
requiring state agencies with certain information and telecommunications
technology projects to register with the Office of Enterprise Technology and
requiring the office to monitor progress on the projects; requiring the Office
of Enterprise Technology to report to the legislature regarding its approval
process for state agency technology requests and assistance provided to state
agencies in developing agency information systems plans; providing additional
whistleblower protection to state employees; providing additional duties for
the Sesquicentennial Commission; establishing a working group; eliminating
obsolete requirements; amending Minnesota Statutes 2006, sections 3.885,
subdivisions 4, 5, by adding subdivisions; 3.98, subdivision 4, by adding a
subdivision; 3.987, subdivision 1, as amended; 13.605, subdivision 1; 16A.10,
subdivisions 1, 1c, 2, by adding a subdivision; 16A.103, subdivisions 1a, 1b;
16A.11, subdivisions 1, 3, by adding a subdivision; 16E.01, subdivision 3;
16E.03, subdivision 1; 16E.04, subdivision 2; Minnesota Statutes 2007
Supplement, sections 16A.152, subdivision 2; 181.932, subdivision 1; Laws 2005,
First Special Session chapter 1, article 4, section 121, subdivision 4, as
amended; proposing coding for new law in Minnesota Statutes, chapter 16A;
repealing Minnesota Statutes 2006, section 16A.152, subdivision 1b.
The bill was read for the first time.
Solberg moved that S. F. No. 3363 and H. F. No. 3587, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
MOTIONS AND RESOLUTIONS
Severson moved that the name of Holberg be added as an author
on H. F. No. 1261. The
motion prevailed.
Brod moved that the name of Ward be added as an author on
H. F. No. 2172. The
motion prevailed.
Paymar moved that the name of Loeffler be added as an author on
H. F. No. 2996. The motion
prevailed.
Walker moved that the name of Abeler be added as an author on
H. F. No. 3564. The
motion prevailed.
Moe moved that the names of Dettmer, Drazkowski and Olin be
added as authors on H. F. No. 3935. The motion prevailed.
Benson moved that the name of Laine be added as an author on
H. F. No. 4116. The
motion prevailed.
Morrow moved that the name of Laine be added as an author on
H. F. No. 4196. The
motion prevailed.
FISCAL
CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced his intention to place
S. F. No. 3683 and H. F. No. 3034 on the Fiscal Calendar for
Thursday, April 24, 2008.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 9:00 a.m., Thursday, April 24, 2008.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 9:00 a.m., Thursday, April 24, 2008.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives