Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3547

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2011

 

_____________________

 

FIFTY-THIRD DAY

 

Saint Paul, Minnesota, Wednesday, May 11, 2011

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Greg Davids, Speaker pro tempore.

 

      Prayer was offered by the Reverend Grady St. Dennis, 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, 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

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Mazorol

McDonald

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Rukavina

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Woodard

Spk. Zellers


 

      A quorum was present.

 

      Laine and McElfatrick were excused.

 

      Murphy, E., was excused until 10:40 a.m.  Winkler was excused until 11:55 a.m.  Smith was excused until 12:40 p.m.  Greiling was excused until 1:20 p.m. 

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3548

REPORTS OF CHIEF CLERK

 

      S. F. No. 712 and H. F. No. 1230, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Fabian moved that the rules be so far suspended that S. F. No. 712 be substituted for H. F. No. 1230 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 779 and H. F. No. 1017, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Kelly moved that the rules be so far suspended that S. F. No. 779 be substituted for H. F. No. 1017 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1115 and H. F. No. 1097, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      McNamara moved that the rules be so far suspended that S. F. No. 1115 be substituted for H. F. No. 1097 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Davids from the Committee on Taxes to which was referred: 

 

H. F. No. 1061, A bill for an act relating to state government; appropriating money from the outdoor heritage fund, clean water fund, parks and trails fund, and arts and cultural heritage fund; modifying certain outdoor heritage provisions; establishing accounts; modifying the Clean Water Legacy Act; revising membership and duties of the Clean Water Council; establishing State Capitol Preservation Commission; providing appointments; establishing reporting and other requirements for legacy fund recipients; amending Minnesota Statutes 2010, sections 3.303, subdivision 10; 85.013, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivision 2, by adding subdivisions; 114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; 114D.50, subdivision 4; 116.195; 129D.17, subdivision 2; 129D.18, subdivisions 3, 4; 129D.19, subdivision 5; Laws 2009, chapter 172, article 1, section 2, subdivisions 3, 15; article 2, section 4, as amended; article 4, section 9, subdivision 5; Laws 2010, chapter 361, article 1, section 2, subdivision 14; proposing coding for new law in Minnesota Statutes, chapters 15B; 16B; 84; 138; repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, 8; 114D.45.

 

Reported the same back with the following amendments: 

 

Page 30, line 6, delete "and to reimburse the general fund for"


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3549

Page 30, delete line 7

 

Page 30, line 8, delete everything before the period

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on Redistricting to which was referred: 

 

H. F. No. 1426, A bill for an act relating to redistricting; adopting a congressional districting plan for use in 2012 and thereafter; amending Minnesota Statutes 2010, sections 2.731; 2.91, subdivision 1; repealing Minnesota Statutes 2010, section 2.031, subdivision 2.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 2.731, is amended to read: 

 

2.731 NUMBER OF DISTRICTS.

 

(a) The state of Minnesota is divided into eight congressional districts, each of which is entitled to elect one representative to the Congress of the United States of America.

 

(b) Congressional redistricting plan C1101-0, on file with the Geographic Information Services Office of the Legislative Coordinating Commission and published on its Web site on May 9, 2011, is adopted and describes the congressional districts within this state.

 

Sec. 2.  Minnesota Statutes 2010, section 2.91, subdivision 1, is amended to read: 

 

Subdivision 1.  Distribution.  Upon enactment of a redistricting plan for the legislature or for Congress, the Legislative Coordinating Commission shall deposit the plan with the secretary of state.  The secretary of state shall provide copies of the relevant portions of the redistricting plan to each county auditor, who shall provide a copy of the relevant portions of the plan to each municipal clerk within the county.  The secretary of state, with the cooperation of the commissioner of administration, shall make copies of the plan file, maps, and tables available to the public for the cost of publication.  The revisor of statutes shall code a metes and bounds description of the districts, as established pursuant to legislative enactment or court order, in Minnesota Statutes no later than the date of the state primary in the year ending in two.

 

Sec. 3.  DISTRICTING PRINCIPLES.

 

Subdivision 1.  Applicability.  The principles in this section apply to legislative and congressional districts.

 

Subd. 2.  Nesting.  A representative district may not be divided in the formation of a senate district.

 

Subd. 3.  Equal population.  (a) Legislative districts must be substantially equal in population.  The population of a legislative district must not deviate from the ideal by more than one percent, plus or minus.

 

(b) Congressional districts must be as nearly equal in population as practicable. 


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3550

Subd. 4.  Contiguity; compactness.  The districts must be composed of convenient contiguous territory.  To the extent consistent with the other principles in this section, districts should be compact.  Contiguity by water is sufficient if the water is not a serious obstacle to travel within the district.  Point contiguity is not sufficient.

 

Subd. 5.  Numbering.  (a) Legislative districts must be numbered in a regular series, beginning with house district 1A in the northwest corner of the state and proceeding across the state from west to east, north to south, but bypassing the 11-county metropolitan area until the southeast corner has been reached; then to the 11-county metropolitan area outside the cities of Minneapolis and St. Paul; then in Minneapolis and St. Paul.

 

(b) Congressional district numbers must begin with district one in the southeast corner of the state and end with district eight in the northeast corner of the state.

 

Subd. 6.  Minority representation.  (a) The dilution of racial or ethnic minority voting strength is contrary to the laws of the United States and the state of Minnesota.  These principles must not be construed to supersede any provision of the Voting Rights Act of 1965, as amended.

 

(b) A redistricting plan must not have the intent or effect of dispersing or concentrating minority population in a manner that prevents minority communities from electing their candidates of choice.

 

Subd. 7.  Minor civil divisions.  (a) A county, city, or town must not be unduly divided unless required to meet equal population requirements or to form districts composed of convenient, contiguous territory.

 

(b) A county, city, or town is not unduly divided in the formation of a legislative or congressional district if: 

 

(1) the division occurs because a portion of a city or town is noncontiguous with another portion of the same city or town; or

 

(2) despite the division, the known population of any affected county, city, or town remains wholly located within a single district.

 

Subd. 8.  Preserving communities of interest.  (a) Districts should attempt to preserve identifiable communities of interest where that can be done in compliance with the preceding principles.

 

(b) For purposes of this subdivision, "communities of interest" means recognizable areas with similarities of interests, including but not limited to racial, ethnic, geographic, social, or cultural interests.

 

Subd. 9.  Data to be used.  The geographic areas and population counts used in maps, tables, and legal descriptions of the districts must be those used by the Geographic Information Services Office of the Legislative Coordinating Commission.  The population counts will be the 2010 block population counts provided to the state under Public Law 94-171, subject to correction of any errors acknowledged by the United States Census Bureau.

 

Subd. 10.  Consideration of plans.  A redistricting plan must not be considered for adoption by the senate or house of representatives until a block equivalency file showing the district to which each census block has been assigned, in a form prescribed by the director of the Geographic Information Services Office, has been filed with the director.

 

Subd. 11.  Priority of principles.  Where it is not possible to fully comply with the principles contained in subdivisions 1 to 8, a redistricting plan must give priority to those principles in the order in which they are listed in this section, except to the extent that doing so would violate federal or state law.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3551

EFFECTIVE DATE; EXPIRATION.  This section is effective the day following final enactment and applies to any plan for districts enacted or established for use at the state primary in 2012 and thereafter.  This section expires June 1, 2012.

 

Sec. 4.  REPEALER.

 

Minnesota Statutes 2010, section 2.031, subdivision 2, is repealed.

 

Sec. 5.  EFFECTIVE DATE.

 

Except where otherwise provided, this act is effective for the state primary election in 2012 and thereafter."

 

Amend the title as follows: 

 

Page 1, line 3, after "thereafter;" insert "adopting districting principles for legislative and congressional districts;"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

 

      The report was adopted.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 712, 779 and 1115 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Franson introduced:

 

H. F. No. 1697, A bill for an act relating to human services; implementing health care reform; creating interstate health insurance choice; creating a flexible benefit plan; creating primary provider care tiering for Minnesota health care programs; creating a MinnesotaCare modern benefit plan; authorizing rulemaking; amending Minnesota Statutes 2010, sections 256B.0754, by adding subdivisions; 256L.12, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 62L; 256L; proposing coding for new law as Minnesota Statutes, chapter 62V.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

 

Anzelc, Melin and Rukavina introduced:

 

H. F. No. 1698, A bill for an act relating to capital investment; appropriating money to acquire land for a regional fire station in Itasca County; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3552

Murray, Howes, Torkelson, Hansen and Gunther introduced:

 

H. F. No. 1699, A bill for an act relating to capital investment; appropriating money for the Shell Rock River watershed; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

 

 

Atkins, Holberg, Johnson, Hoppe and Dean introduced:

 

H. F. No. 1700, A bill for an act relating to privacy; requiring owner's permission before a portable wireless device can collect location information in Minnesota; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Benson, J., introduced:

 

H. F. No. 1701, A bill for an act relating to employment; prohibiting abusive work environment practices and establishing remedies; proposing coding for new law in Minnesota Statutes, chapter 181.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker: 

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested: 

 

H. F. No. 8, A bill for an act relating to human services; establishing the healthy Minnesota contribution program; requiring plan to redesign service delivery for lower-income MinnesotaCare enrollees; requiring the Minnesota Comprehensive Health Association to offer a high-deductible, basic plan; requiring the commissioner of human services to seek federal waivers; amending Minnesota Statutes 2010, sections 62E.08, subdivision 1; 62E.14, by adding a subdivision; 256B.04, subdivision 18; 256L.05, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 62E; 256L.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Gottwalt moved that the House refuse to concur in the Senate amendments to H. F. No. 8, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3553

      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.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 86 was reported to the House.

 

 

Beard, Pelowski and Koenen moved to amend S. F. No. 86 as follows: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 216H.03, subdivision 7, is amended to read: 

 

Subd. 7.  Other exemptions.  The prohibitions in subdivision 3 do not apply to: 

 

(1) a new large energy facility under consideration by the Public Utilities Commission pursuant to proposals or applications filed with the Public Utilities Commission before April 1, 2007, or to any power purchase agreement related to a facility described in this clause.  The exclusion of pending proposals and applications from the prohibitions in subdivision 3 does not limit the applicability of any other law and is not an expression of legislative intent regarding whether any pending proposal or application should be approved or denied;

 

(2) a contract not subject to commission approval that was entered into prior to April 1, 2007, to purchase power from a new large energy facility that was approved by a comparable authority in another state prior to that date, for which municipal or public power district bonds have been issued, and on which construction has begun; or

 

(3) a new large energy facility or a power purchase agreement between a Minnesota utility and a new large energy facility located outside Minnesota that the Public Utilities Commission has determined is essential to ensure the long-term reliability of Minnesota's electric system, to allow electric service for increased industrial demand, or to avoid placing a substantial financial burden on Minnesota ratepayers.  An order of the commission granting an exemption under this clause is stayed until the June 1 following the next regular or annual session of the legislature that begins after the date of the commission's final order; or

 

(4) 2,500 megawatts of electric generating capacity, in aggregate, from new large energy facilities or power purchase agreements with new large energy facilities that: 

 

(i) are fueled by feedstock coal that on a moist, mineral-matter-free basis has a calorific value averaging less than 8,500 Btus per pound, or beneficiated coal derived from such coal; and

 

(ii) began construction after April 1, 2007.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3554

Projects will receive priority for exemption under this clause based on the shortest amount of time after April 1, 2007 and the date construction of a new large energy facility begins or a power purchase agreement with a new large energy facility is signed, as applicable, until the 2,500 megawatt aggregate capacity limit is reached.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The Speaker called Lanning to the Chair.

 

 

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

 

 

      Murphy, E., was excused between the hours of 11:10 a.m. and 1:20 p.m.

 

 

      The question was taken on the Beard et al amendment and the roll was called.  There were 77 yeas and 49 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Fritz

Garofalo

Gottwalt

Gruenhagen

Gunther

Hamilton

Hancock

Holberg

Hoppe

Howes

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Marquart

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Poppe

Quam

Rukavina

Runbeck

Sanders

Schomacker

Scott

Shimanski

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Ward

Wardlow

Westrom

Woodard


 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Buesgens

Carlson

Champion

Clark

Davnie

Dittrich

Falk

Gauthier

Greene

Hackbarth

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Knuth

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Melin

Moran

Morrow

Mullery

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius


 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3555

FISCAL CALENDAR ANNOUNCEMENT

 

      Pursuant to rule 1.22, Downey announced his intention to place S. F. No. 1115 on the Fiscal Calendar for Thursday, May 12, 2011.

 

 

CALENDAR FOR THE DAY, Continued

 

 

Falk moved to amend S. F. No. 86, as amended, as follows: 

 

Page 1, after line 2, insert: 

 

"Section 1.  Minnesota Statutes 2010, section 216H.02, subdivision 1, is amended to read: 

 

Subdivision 1.  Greenhouse gas emissions-reduction goal.  Because human-caused greenhouse gas emissions contribute significantly to global climate change and pose serious challenges for the future of Minnesota's economy, including, its agricultural, forestry, and tourism industries, it is the goal of the state to reduce statewide greenhouse gas emissions across all sectors producing those emissions to a level at least 15 percent below 2005 levels by 2015, to a level at least 30 percent below 2005 levels by 2025, and to a level at least 80 percent below 2005 levels by 2050.  The levels shall be reviewed based on the climate change action plan study.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      Hackbarth moved to amend the Falk amendment to S. F. No. 86, as amended, as follows: 

 

      Page 1, line 10, strike everything after "gas emissions" and insert a period

 

      Page 1, strike lines 11 to 13

 

 

      A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

      Kahn raised a point of order pursuant to section 401, paragraph 2, of "Mason's Manual of Legislative Procedure," relating to Frivolous and Improper Amendments, that the Hackbarth amendment to the Falk amendment was not in order.  Speaker pro tempore Lanning ruled the Kahn point of order not well taken and the Hackbarth amendment to the Falk amendment in order.

 

 

      Falk appealed the decision of Speaker pro tempore Lanning.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3556

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of Speaker pro tempore Lanning stand as the judgment of the House?" and the roll was called.  There were 75 yeas and 51 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Atkins

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Holberg

Hoppe

Hortman

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Liebling

Lillie

Lohmer

Loon

Mack

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Anzelc

Benson, J.

Brynaert

Carlson

Champion

Davnie

Dill

Dittrich

Eken

Falk

Fritz

Gauthier

Greene

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Lenczewski

Lesch

Loeffler

Mahoney

Marquart

Melin

Morrow

Mullery

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

 

      So it was the judgment of the House that the decision of Speaker pro tempore Lanning should stand.

 

 

      The Speaker resumed the Chair.

 

 

      The question recurred on the Hackbarth amendment to the Falk amendment and the roll was called.  There were 67 yeas and 60 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Mack

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers



Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3557

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Fritz

Gauthier

Greene

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Loon

Mahoney

Marquart

Melin

Moran

Morrow

Mullery

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      Falk withdrew his amendment, as amended, to S. F. No. 86, as amended.

 

 

Knuth moved to amend S. F. No. 86, as amended, as follows: 

 

Page 2, line 9, delete everything after "effective" and insert "when the United States Department of Defense reverses the assessment made in its Quadrennial Defense Review Report published in February 2010 that "climate change ........ will play a significant role in shaping the future security environment [and the Department] will need to adjust to the impacts of climate change on our facilities and military capabilities [by developing] policies and plans to manage the effects of climate change.""

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Knuth amendment and the roll was called.  There were 53 yeas and 75 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Clark

Davnie

Dittrich

Falk

Fritz

Gauthier

Greene

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Marquart

Melin

Moran

Morrow

Mullery

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3558

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

Persell moved to amend S. F. No. 86, as amended, as follows: 

 

Page 2, line 9, delete "the day following final enactment" and insert "when no more than ten percent of Minnesota lakes, rivers, and streams whose fish have been assessed by the Department of Health have been found to contain mercury at levels of concern for consumption by women of child bearing age and children up to 15 years"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

Falk moved to amend the Persell amendment to S. F. No. 86, as amended, as follows: 

 

Page 1, after line 2, insert: 

 

"Section 1.  Minnesota Statutes 2010, section 216H.02, subdivision 1, is amended to read: 

 

Subdivision 1.  Greenhouse gas emissions-reduction goal.  Because human-caused greenhouse gas emissions contribute significantly to global climate change and pose serious challenges for the future of Minnesota's economy, including, its agricultural, forestry, and tourism industries, it is the goal of the state to reduce statewide greenhouse gas emissions across all sectors producing those emissions to a level at least 15 percent below 2005 levels by 2015, to a level at least 30 percent below 2005 levels by 2025, and to a level at least 80 percent below 2005 levels by 2050.  The levels shall be reviewed based on the climate change action plan study.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3559

      The question was taken on the amendment to the amendment and the roll was called.               There were 55 yeas and 74 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Eken

Falk

Fritz

Gauthier

Greene

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Marquart

Melin

Moran

Morrow

Mullery

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Poppe

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Quam

Rukavina

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

      The question recurred on the Persell amendment and the roll was called.  There were 54 yeas and 75 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Falk

Fritz

Gauthier

Greene

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Marquart

Melin

Moran

Morrow

Mullery

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Poppe

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3560

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Quam

Rukavina

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

Huntley moved to amend S. F. No. 86, as amended, as follows:

 

Page 1, after line 2, insert: 

 

"Section 1.  Minnesota Statutes 2010, section 216B.243, is amended by adding a subdivision to read: 

 

Subd. 3c.  Environmental data; coal plant.  The environmental information prepared as part of a certificate of need application for a coal-burning electric generating plant must include an analysis of health impacts associated with the projected air emissions from the plant, including, but not limited to, estimated increases in rates of asthma, reduced lung function, and premature death."

 

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 Huntley amendment and the roll was called.  There were 59 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Falk

Fritz

Gauthier

Greene

Hamilton

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Kieffer

Knuth

Kriesel

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Loon

Mahoney

Marquart

McNamara

Melin

Moran

Morrow

Mullery

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Poppe

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3561

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hancock

Holberg

Hoppe

Howes

Kelly

Kiel

Kiffmeyer

Koenen

Lanning

Leidiger

LeMieur

Lohmer

Mack

Mazorol

McDonald

McFarlane

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Quam

Rukavina

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

      S. F. No. 86, A bill for an act relating to energy; removing ban on increased carbon dioxide emissions by utilities; amending Minnesota Statutes 2010, section 216H.02, subdivision 4; repealing Minnesota Statutes 2010, section 216H.03.

 

 

      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 76 yeas and 54 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Marquart

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Quam

Rukavina

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Clark

Davnie

Dittrich

Falk

Fritz

Gauthier

Greene

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Poppe

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

 

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


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3562

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Garofalo moved that the name of Persell be added as an author on H. F. No. 495.  The motion prevailed.

 

      Hamilton moved that the name of Dettmer be added as an author on H. F. No. 905.  The motion prevailed.

 

      Davids moved that the name of Hamilton be added as an author on H. F. No. 1689.  The motion prevailed.

 

      Hayden moved that the name of Champion be added as an author on H. F. No. 1690.  The motion prevailed.

 

      Simon moved that the names of Hornstein and Hausman be added as authors on H. F. No. 1696.  The motion prevailed.

 

 

MOTION TO DECLARE URGENCY

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Ward moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that S. F. No. 1115, now on the General Register, be given its third reading and be placed upon its final passage.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Ward motion and the roll was called.  There were 64 yeas and 66 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Doepke

Eken

Falk

Fritz

Gauthier

Greene

Greiling

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Marquart

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Urdahl

Vogel

Wagenius

Ward

Winkler


 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

Lohmer

Loon

Mack

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3563

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

      Not having received the constitutionally required two-thirds vote, the motion did not prevail.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 8:

 

      Gottwalt, Abeler and Mack.

 

 

ADJOURNMENT

 

      Dean moved that when the House adjourns today it adjourn until 9:00 a.m., Thursday, May 12, 2011.  The motion prevailed.

 

      Dean moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Thursday, May 12, 2011.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives


 


Journal of the House - 53rd Day - Wednesday, May 11, 2011 - Top of Page 3564