STATE OF
MINNESOTA
Journal of the House
EIGHTY-SEVENTH
SESSION - 2012
_____________________
ONE
HUNDRED SEVENTEENTH DAY
Saint Paul, Minnesota, Tuesday, May 8, 2012
The House of Representatives convened at
3:00 p.m. and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by Representative Mary
Murphy, District 6B, Hermantown, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Allen
Anderson, B.
Anderson,
D.
Anderson, P.
Anderson,
S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murphy,
E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
McDonald, Murdock and Peterson, S., were
excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 4,
2012
The
Honorable Kurt Zellers
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Zellers:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State,
H. F. Nos. 2555, 2795, 2647 and 2269.
Sincerely,
Mark
Dayton
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Kurt Zellers
Speaker of the House of
Representatives
The Honorable Michelle L.
Fischbach
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2012 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 2012 |
Date Filed 2012 |
2555 278 3:20 p.m. May 4 May 4
2795 279 3:27 p.m. May 4 May 4
2647 280 3:27 p.m. May 4 May 4
2269 282 3:29 p.m. May 4 May 4
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 4,
2012
The
Honorable Kurt Zellers
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Zellers:
I have vetoed and am returning H. F. No.
2337, Chapter No. 285, the Omnibus Tax Bill.
It has been my consistent position
throughout this session that any new spending increases or tax reductions had
to maintain the current Budget Reserve and avoid increasing future
deficits. I reiterated that position,
when I vetoed the bill that would have taken $425 million from the reserves to
accelerate repayment of the school shift.
This bill would not
pay for the business property tax levy freeze and other tax breaks. It would
reduce the Budget Reserve for the current biennium and add another $145 million
to the deficit projected for the next biennium, which is already projected to
be $1.1 billion. Freezing the state business levy would reduce state revenues
by a total of $2.3 billion between 2013 and 2026.
Other
business tax cuts in the bill: the Angel Investment Tax Credit, Research and Development
Tax Credit, and the Upfront Capital Equipment Sales Tax Exemption, are also
unfunded. While I support some versions of those tax breaks, and I included
variations in my earlier recommendations, my proposals were always funded by
adding the Affiliate-Nexus provision that would benefit many main street
Minnesota businesses and by closing tax preferences for foreign operations.
Furthermore,
while the bill would provide $45.4 million in tax relief (mostly property tax
relief) to businesses, it would give only $4.1 million in tax relief to
homeowners and virtually none to renters, seniors, and farmers. This imbalance
is unfair, especially since over the past decade business property taxes have
increased by an average 40 percent in Minnesota, while all other property taxes
have increased by 79 percent.
For
homeowners, renters, and farmers, the bill would not begin to undo the damage
from last year's elimination of the Homestead Credit and cuts in Local
Government Aids. I remain committed to broad-based, comprehensive property tax
relief for all property taxpayers, including-but not limited exclusively
to-businesses.
I am most willing to consider the
initiatives that assist local communities with economic development. Regarding the Mall of America project, I am
interested in exploring an alternative, which would not require the host
community to bear such a large share of the financial burden. It would be preferable to find an approach,
which recognizes the project's regional and even statewide benefits through
statewide, regional, or user-generated financial support.
Two
weeks ago, we began discussions about a bi-partisan, fiscally responsible tax
bill to encourage economic growth and job creation. That bi-partisan effort was
abandoned for this very partisan measure. In the short time left in this
session, I remain available to continue our development of a fair, financially
sound tax bill, which encourages job creation, but not at the expense of our
future.
Sincerely,
Mark
Dayton
Governor
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The
following House File was introduced:
Hornstein introduced:
H. F. No. 3048, A bill for an act
relating to taxation; income and franchise; establishing a live theater
production partnership credit; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
MESSAGES
FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2685, A bill for an act relating to transportation; modifying provisions governing transportation policy and finance, including trunk highway designation, work and contracting on trunk highways, motor vehicles, motor vehicle weight limit regulations, motor vehicle titles, electric-assisted bicycles and related regulations, bridge inspections, special veterans license plates, pupil transportation, municipal state-aid street fund eligibility and apportionment, small vehicle passenger service, driver and vehicle information system, deputy registrars of motor vehicles, civilian escort drivers, bicycle equipment, school buses, small business contracts, and legislative reports; making contingent appropriations; setting fees; renumbering statutes; making technical changes; amending Minnesota Statutes 2010, sections 160.27, by adding a subdivision; 160.2715; 161.14, by adding a subdivision; 161.20, subdivision 4; 161.321; 161.3212; 162.09, by adding a subdivision; 165.01; 165.03; 168.002, subdivisions 19, 20; 168.012, by adding a subdivision; 168.013, subdivision 3, by adding a subdivision; 168.185; 168A.03, subdivision 1; 168A.07, subdivision 1; 169.011, subdivisions 4, 27, 44, 45; 169.06, subdivision 4; 169.222, subdivisions 4, 6, 7, by adding subdivisions; 169.223, subdivisions 1, 5; 169.72, subdivision 1; 169.86, subdivision 3b; 169.872, subdivision 1a; 169.98, subdivisions 1, 3; 171.01, subdivision 41; 171.02, subdivision 2b; 174.03, subdivision 1b; 221.091, subdivision 2; 299D.085, subdivision 1, by adding a subdivision; 299D.09; 473.388, subdivisions 2, 4; 604A.21, subdivision 5; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5; 168.123, subdivision 1; 171.075, subdivision 1; 299A.705, subdivision 3; Laws 2009, chapter 158, section 10; Laws 2011, First Special Session chapter 3, article 1, section 4; proposing coding for new law in Minnesota Statutes, chapters 161; 171; 375; repealing Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700.
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.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1752, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and for other improvements of a capital nature with certain conditions; establishing programs; authorizing the sale and issuance of state bonds; modifying previous appropriations; authorizing Cook County to form a district for the construction of water facilities and provision of water service; authorizing the commissioner of natural resources to make certain acquisitions of land or interests in land; appropriating money; amending Minnesota Statutes 2010, sections 16A.633, by adding a subdivision; 16A.641, subdivision 9; 462A.21, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 16A.641, subdivision 7; 16A.96, by adding a subdivision; Laws 2006, chapter 258, sections 7, subdivision 23, as amended; 17, subdivision 3; Laws 2008, chapter 179, sections 7, subdivision 27, as amended; 17, subdivision 4; 18, subdivision 3, as amended; 19, subdivision 4, as amended; 21, subdivision 15, as amended; Laws 2009, chapter 93, article 1, section 12, subdivision 2; Laws 2010, chapter 189, sections 18, subdivision 5; 24, subdivision 3; Laws 2011, First Special Session chapter 12, sections 3, subdivisions 7, 8; 14, subdivision 2; 19; 22; proposing coding for new law in Minnesota Statutes, chapters 15B; 116J; 462A; repealing Laws 2011, chapter 107, section 101; Minnesota Rules, part 8895.0700, subpart 1.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Howes moved that the House concur in the
Senate amendments to H. F. No. 1752 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1752, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and for other improvements of a capital nature with certain conditions; establishing programs; authorizing the sale and issuance of state bonds; modifying previous appropriations; authorizing Cook County to form a district for the construction of water facilities and provision of water service; authorizing the commissioner of natural resources to make certain acquisitions of land or interests in land; appropriating money; amending Minnesota Statutes 2010, sections 16A.633, by adding a subdivision; 16A.641, subdivision 9; 462A.21, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 16A.641, subdivision 7; 16A.96, by adding a subdivision; Laws 2006, chapter 258, sections 7, subdivision 23, as amended; 17, subdivision 3; Laws 2008, chapter 179, sections 7, subdivision 27, as amended; 17, subdivision 4; 18, subdivision 3, as amended; 19, subdivision 4, as amended; 21, subdivision 15, as amended; Laws 2009, chapter 93, article 1, section 12, subdivision 2; Laws 2010, chapter 189, sections 18, subdivision 5; 24, subdivision 3; Laws 2011, First Special Session chapter 12, sections 3, subdivisions 7, 8; 14, subdivision 2; 19; 22; proposing coding for new law in Minnesota Statutes, chapters 15B; 16B; 116J; 462A; repealing Laws 2011, chapter 107, section 101; Minnesota Rules, part 8895.0700, subpart 1.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 97 yeas
and 33 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, P.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Brynaert
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Dill
Dittrich
Eken
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gunther
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kiel
Knuth
Kriesel
Laine
Lanning
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Mahoney
Mariani
Marquart
Mazorol
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murphy,
E.
Murphy, M.
Murray
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Poppe
Rukavina
Scalze
Schomacker
Shimanski
Simon
Slawik
Slocum
Smith
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Spk. Zellers
Those who voted in the negative were:
Anderson, B.
Anderson,
D.
Anderson,
S.
Benson, M.
Bills
Buesgens
Crawford
Daudt
Dettmer
Doepke
Downey
Drazkowski
Erickson
Gruenhagen
Hackbarth
Hancock
Holberg
Hoppe
Kieffer
Kiffmeyer
Leidiger
Loon
Mack
Myhra
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Scott
Stensrud
Wardlow
Woodard
The bill was repassed,
as amended by the Senate, and its title agreed to.
Dean moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 1:00 p.m., Wednesday, May 9, 2012. The motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 1:00 p.m., Wednesday, May 9, 2012.
Albin A. Mathiowetz, Chief Clerk, House of Representatives