STATE OF MINNESOTA
Journal of the
House
SECOND SPECIAL SESSION - 2010
_____________________
FIRST DAY
Saint Paul, Minnesota, Monday, October 18,
2010
In obedience to the Proclamation of the
Honorable Tim Pawlenty, Governor of the State of
Minnesota, summoning the two houses of the Legislature to meet in Special
Session, the members of the House of Representatives assembled in the Chamber
of the House of Representatives at the Capitol in Saint Paul on Monday, the
eighteenth day of October 2010 at 1:00 p.m.
PROCLAMATION FOR SECOND SPECIAL SESSION 2010
Whereas,
The Minnesota Constitution allows the Governor to call a special session of the
legislature on "extraordinary occasions;" and
Whereas,
On September 22, 2010, and continuing thereafter, extremely heavy rains caused
severe flooding throughout southern Minnesota, and Blue Earth, Cottonwood,
Dodge, Faribault, Freeborn, Goodhue, Jackson, Lincoln, Lyon, Martin, Mower,
Murray, Olmsted, Pipestone, Rice, Rock, Steele, Wabasha, Waseca, Watonwan, and
Winona
counties have been declared a federal disaster area by the President of the
United States; and
Whereas,
The flooding has caused extensive damage and loss of
property to individuals, businesses, and local governments; and
Whereas,
The Governor has exercised his emergency powers under existing law to direct
available agency resources to assist individuals and local governments;
however, the immediate needs in the disaster areas exceed the resources
available through the federal government and existing state resources; and
Whereas,
I have consulted with legislative leaders and have reached agreement that
immediate action by the state legislature to provide the necessary relief and
the people of Minnesota will be best served by a one-day special session with
the limited agenda of providing disaster relief for southern Minnesota, as well
as areas affected by the June 17-26, 2010, severe storms, tornadoes, and
flooding that were the subject of a separate disaster area declared by the
President of the United States.
Now
Therefore, I, Tim Pawlenty, Governor of
Minnesota, do hereby summon you, members of the Legislature, to convene in
Special Session on Monday, October 18, 2010, at 1:00 p.m. at the State Capitol
in Saint Paul, Minnesota.
In
Witness Whereof, I have hereunto set my hand and caused the Great Seal of
the State of Minnesota to be affixed at the State Capitol this 14th day of
October in the year of our Lord two thousand and ten, and of the State the one
hundred fifty-second.
Mark Ritchie Tim
Pawlenty
Secretary
of State Governor
At
the hour of 1:00 p.m. and pursuant to the Proclamation of the Governor and
pursuant to Minnesota Statutes 2008, Section 3.073, the Honorable Margaret
Anderson Kelliher, Speaker of the House, called the House of Representatives to
order.
Prayer was offered by the Reverend Dennis
J. Johnson, House Chaplain.
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, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Kalin, Mahoney and Smith were excused.
Pursuant to Minnesota Statutes 2008,
Section 3.073, the Speaker declared the House of Representatives organized for
the 2010 Second Special Session.
Sertich moved that the Chief Clerk be and
is hereby instructed to inform the Senate and the Governor by message that the
House of Representatives is now duly organized pursuant to law for this Special
Session. The motion prevailed.
MESSAGES FROM THE SENATE
The following message was received from
the Senate:
Madam
Speaker:
This is to notify you that the Senate is
now duly organized for the 2010 Second Special Session pursuant to the
Minnesota Constitution and Minnesota Statutes.
Peter S. Wattson, Secretary
of the Senate (Legislative)
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
The following House File was introduced:
Kath, Fritz, Drazkowski, Carlson,
Kelliher, Cornish, Murdock, Hamilton, Sertich, Davids, Demmer, Solberg,
Zellers, Morrow, Welti, Marquart, Falk, Brown, Liebling, Norton, Bly and
Gunther introduced:
H. F. No. 1, A bill for an act relating to
disaster assistance; authorizing spending to acquire and better public land and
buildings and other improvements of a capital nature with certain conditions;
authorizing the sale of state bonds; providing flood loss aid and property tax
relief; making cash flow and other budgetary adjustments; appropriating money
for flood and tornado relief; amending Laws 2008, chapter 152, article 2,
section 3, subdivision 2, as amended; repealing Laws 2010, First Special Session
chapter 1, article 24, sections 1; 2; 3.
The bill was read for the first time.
DECLARATION OF URGENCY
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Kath moved that the rule therein be
suspended and an urgency be declared so that H. F. No. 1 be given its second
and third readings and be placed upon its final passage. The motion prevailed.
SUSPENSION OF RULES
Kath moved that the rules of the House be
so far suspended that H. F. No. 1 be given its second and third readings and be
placed upon its final passage. The
motion prevailed.
H. F. No. 1 was read for the second time.
H. F. No. 1, A bill for an act relating to
disaster assistance; authorizing spending to acquire and better public land and
buildings and other improvements of a capital nature with certain conditions;
authorizing the sale of state bonds; providing flood loss aid and property tax
relief; making cash flow and other budgetary adjustments; appropriating money
for flood and tornado relief; amending Laws 2008, chapter 152, article 2,
section 3, subdivision 2, as amended; repealing Laws 2010, First Special
Session chapter 1, article 24, sections 1; 2; 3.
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 131 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed and its title agreed
to.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS, Continued
The following House Files were introduced:
Huntley introduced:
H. F. No. 2, A
bill for an act relating to insurance coverage; requiring the commissioner of
commerce to establish an open enrollment period for child-only health plans.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
Drazkowski introduced:
H. F. No. 3, A
bill for an act relating to disaster relief; amending Minnesota Statutes 2010,
section 12A.07, subdivision 2.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
Davnie
and Clark introduced:
H. F. No. 4, A
bill for an act relating to education; creating the Minnesota Safe Schools for
All Act; providing for harassment, bullying, intimidation, and violence
policies; amending Minnesota Statutes 2010, sections 121A.03; 124D.10,
subdivision 8; repealing Minnesota Statutes 2010, section 121A.0695.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
Clark introduced:
H. F. No. 5, A
bill for an act relating to public health; requiring the commissioner of health
to research and report on autism; requiring the Department of Human Services to
train autism service providers; requiring notification of autism service
options for medical assistance and MinnesotaCare recipients.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
Clark, Davnie, Hayden, Kahn and Hausman
introduced:
H. F. No. 6, A
resolution memorializing the President of the United States and Congress to
review the FBI raids on Minnesota activists.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
Rukavina introduced:
H. F. No. 7, A bill for an act relating to
taxation; individual income; conforming to the federal exclusion of health care
coverage for dependents through age 26; amending Minnesota Statutes 2010,
section 290.01, subdivision 19.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
IN MEMORIAM
The members of the House paused for a
moment of silence in memory of former Representative Jack Fena
of Hibbing, Minnesota, who served from 1959-1972, and former Representative Michael
J. George of Mahtomedi, Minnesota, who served from 1975-1978, both of whom
recently passed away.
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 the Speaker.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Madam Speaker:
I
hereby announce the passage by the Senate of the following House File, herewith
returned:
H. F. No. 1, A bill
for an act relating to disaster assistance; authorizing spending to acquire and
better public land and buildings and other improvements of a capital nature
with certain conditions; authorizing the sale of state bonds; providing flood
loss aid and property tax relief; making cash flow and other budgetary
adjustments; appropriating money for flood and tornado relief; amending Laws
2008, chapter 152, article 2, section 3, subdivision 2, as amended; repealing
Laws 2010, First Special Session chapter 1, article 24, sections 1; 2; 3.
Peter S. Wattson, Secretary
of the Senate (Legislative)
Madam Speaker:
This
is to notify you that the Senate is about to adjourn the 2010 Second Special
Session sine die.
Peter S. Wattson, Secretary
of the Senate (Legislative)
MOTIONS AND RESOLUTIONS
Kath
moved that the names of Kelly and Severson be added as authors on
H. F. No. 1. The motion
prevailed.
Huntley
moved that the name of Kahn be added as an author on
H. F. No. 2. The motion
prevailed.
Davnie
moved that the names of Kahn; Murphy, E.; Hornstein and Hayden be added as
authors on H. F. No. 4.
The motion prevailed.
Rukavina
moved that the name of Kahn be added as an author on
H. F. No. 7. The motion
prevailed.
Sertich
moved that the Chief Clerk be and he is hereby authorized to correct and
approve the Journal of the House, 2010 Second Special Session, for today,
October 18, 2010, and that he be authorized to include in the Journal for today
any subsequent proceedings. The motion
prevailed.
Sertich
moved that the Chief Clerk be and he is hereby instructed to inform the Senate
and the Governor by message that the House of Representatives is about to
adjourn this 2010 Second Special Session sine die. The motion prevailed.
ADJOURNMENT OF
THE 2010 SECOND SPECIAL SESSION SINE DIE
Sertich
moved that the House adjourn sine die for the 2010 Second Special Session. The motion prevailed and the Speaker declared
the House stands adjourned sine die for the 2010 Second Special Session.
Albin A. Mathiowetz, Chief Clerk, House of
Representatives