Journal of the House - 1st Day - Friday, August 24, 2012 - Top of Page 3

STATE OF MINNESOTA

 

Journal of the House

 

SPECIAL SESSION - 2012

 

_____________________

 

FIRST DAY

 

Saint Paul, Minnesota, Friday, August 24, 2012

 

 

      In obedience to the Proclamation of the Honorable Mark Dayton, 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 Friday, the twenty-fourth day of August 2012 at 2:00 p.m.

 

 

PROCLAMATION FOR SPECIAL SESSION 2012

 

      Whereas, The Minnesota Constitution allows the Governor to call a special session of the Legislature on "extraordinary occasions"; and

 

      Whereas, From June 14 through June 21, 2012, severe storms and flooding occurred, causing historic damage to the Counties of Aitkin, Carlton, Cook, Crow Wing, Dakota, Goodhue, Kandiyohi, Lake, Meeker, Pine, Rice, Sibley, and Saint Louis, and to the Fond du Lac Band of Lake Superior Chippewa, Grand Portage Band of Lake Superior Chippewa, and the Mille Lacs Band of Ojibwe; and

 

      Whereas, The Honorable Barack Obama, President of the United States of America, declared that a major disaster exists in the State of Minnesota, and granted federal aid for public infrastructure, but denied my request for individual assistance for residents whose homes, business, and lives were devastated by the terrible flooding; and

 

      Whereas, I have exercised my emergency powers under existing law to direct agency resources to affected individuals and local governments; however, the immediate needs in the disaster areas far exceed available federal and state resources; and

 

      Whereas, I have consulted with legislative leaders and have reached an agreement that immediate action by the State Legislature is necessary to provide assistance and aid to impacted local governments, business, and individuals; and

 

      Whereas, The people of Minnesota are best served by a one-day special session with the limited agenda of passing a 2012 Disaster Relief Appropriations Bill; and

 

      Whereas, Elected leaders of the Legislature have agreed upon an agenda and procedure to complete a special session within one legislative day.

 

      Now, Therefore, I, Mark Dayton, Governor of Minnesota, do hereby summon you, members of the Legislature, to convene in Special Session on Friday, August 24, 2012 at 2:00 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 22nd day of August.

 

                                             Mark Ritchie                                              Mark Dayton

                                             Secretary of State                                            Governor


Journal of the House - 1st Day - Friday, August 24, 2012 - Top of Page 4

     At the hour of 2:00 p.m. and pursuant to the Proclamation of the Governor and pursuant to Minnesota Statutes 2010, Section 3.073, the Honorable Kurt Zellers, Speaker of the House, called the House of Representatives to order.

 

      Prayer was offered by the Reverend Dan Nordin, Our Saviour's Lutheran Church, East Bethel, 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

Clark

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gottwalt

Greene

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

McDonald

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, E.

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

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      A quorum was present.

 

      Champion, Cornish, Dill and Greiling were excused.

 

 

      Pursuant to Minnesota Statutes 2010, Section 3.073, the Speaker declared the House of Representatives organized for the 2012 Special Session.

 

 

      Dean 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.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Kelly; McElfatrick; Murphy, M.; Vogel; Huntley; Howes; Ward; Hansen; Thissen; Dill; Hilty; Fritz; Persell; Melin and Anzelc 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 and issuance of state bonds; providing flood loss aid and property tax relief; transferring and cancelling prior


Journal of the House - 1st Day - Friday, August 24, 2012 - Top of Page 5

appropriations; appropriating money for flood and windstorm relief; amending Minnesota Statutes 2010, sections 12A.07, by adding a subdivision; 12A.09, by adding a subdivision; 116J.8731, by adding subdivisions; Minnesota Statutes 2011 Supplement, section 12A.07, subdivision 2; Laws 2009, chapter 172, article 4, section 2, subdivision 5; Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 6.

 

The bill was read for the first time.

 

 

Kelly and Simon introduced:

 

H. F. No. 2, A bill for an act relating to disaster assistance; making miscellaneous corrections to the 2012 First Special Session flood relief legislation; amending Minnesota Statutes 2010, section 116J.8731, subdivision 9, as added if enacted; 2012 First Special Session H. F. 1, article 1, sections 5, if enacted; 10, subdivision 3, if enacted.

 

The bill was read for the first time.

 

 

Clark introduced:

 

H. F. No. 3, A bill for an act relating to food safety; regulating genetically engineered food; amending Minnesota Statutes 2010, section 34A.03, as added; proposing coding for new law in Minnesota Statutes, chapter 31.

 

The bill was read for the first time.

 

 

      H. F. No. 1 was reported to the House.

 

 

DECLARATION OF URGENCY

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Dean 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 H. F. No. 1 be given its second and third readings and be placed upon its final passage.

 

 

MOTION TO ADJOURN SINE DIE

 

      Buesgens moved that the House adjourn sine die for the 2012 Special Session.  The motion did not prevail.

 

 

      The question recurred on the Dean motion.  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 and issuance of state bonds; providing flood loss aid and property tax relief; transferring and cancelling prior appropriations; appropriating money for flood and windstorm relief; amending Minnesota Statutes 2010, sections


Journal of the House - 1st Day - Friday, August 24, 2012 - Top of Page 6

12A.07, by adding a subdivision; 12A.09, by adding a subdivision; 116J.8731, by adding subdivisions; Minnesota Statutes 2011 Supplement, section 12A.07, subdivision 2; Laws 2009, chapter 172, article 4, section 2, subdivision 5; Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 6.

 

 

      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 125 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Carlson

Clark

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gottwalt

Greene

Gruenhagen

Gunther

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

McDonald

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, E.

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

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Anderson, B.

Buesgens

Hackbarth


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2 was reported to the House.

 

 

DECLARATION OF URGENCY

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Dean 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 H. F. No. 2 be given its second and third readings and be placed upon its final passage.  The motion prevailed.

 

 

      H. F. No. 2 was read for the second time.


Journal of the House - 1st Day - Friday, August 24, 2012 - Top of Page 7

H. F. No. 2, A bill for an act relating to disaster assistance; making miscellaneous corrections to the 2012 First Special Session flood relief legislation; amending Minnesota Statutes 2010, section 116J.8731, subdivision 9, as added if enacted; 2012 First Special Session H. F. 1, article 1, sections 5, if enacted; 10, subdivision 3, if enacted.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 126 yeas and 2 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Carlson

Clark

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gottwalt

Greene

Gruenhagen

Gunther

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

McDonald

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, E.

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

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Buesgens

Hackbarth


 

 

      The bill was passed and its title agreed to.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

      This is to notify you that the Senate is now duly organized for the 2012 Special Session pursuant to the Minnesota Constitution and Minnesota Statutes.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 1st Day - Friday, August 24, 2012 - Top of Page 8

MOTIONS AND RESOLUTIONS

 

 

      Dean 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 the 2012 Special Session sine die.  The motion prevailed.

 

 

      Dean moved that the Chief Clerk be and he is hereby authorized to correct and approve the Journal of the House, 2012 Special Session, for today, Friday, August 24, 2012, and that he be authorized to include in the Journal for today any subsequent proceedings.  The motion prevailed.

 

 

ADJOURNMENT OF THE 2012 SPECIAL SESSION SINE DIE

 

      Dean moved that the House adjourn sine die for the 2012 Special Session.  The motion prevailed and the Speaker declared the House stands adjourned sine die for the 2012 Special Session.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives