Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 409

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2011

 

_____________________

 

SEVENTEENTH DAY

 

Saint Paul, Minnesota, Monday, February 21, 2011

 

 

      The House of Representatives convened at 4:00 p.m. and was called to order by Kurt Zellers, Speaker of the House.

 

      Prayer was offered by the Reverend Bob Battle, Berean Church of God in Christ, St. Paul, 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, 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

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Greiling

Gruenhagen

Gunther

Hackbarth

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

McElfatrick

McFarlane

McNamara

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

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      A quorum was present.

 

      Falk, Greene, Hamilton, Laine and Stensrud 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.


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 410

PETITIONS AND COMMUNICATIONS

 

 

      The following communication was received:

 

 

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 Act of the 2011 Session of the State Legislature has been received from the Office of the Governor and is 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

2011

 

Date Filed

2011

 

        139                                                    2                                     4:35 p.m. February 17                          February 17

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Davids from the Committee on Taxes to which was referred:

 

H. F. No. 66, A bill for an act relating to the state budget; budget priorities; repealing the political contribution refund; amending Minnesota Statutes 2010, sections 270A.03, subdivision 7; 289A.50, subdivision 1; 290.01, subdivision 6; repealing Minnesota Statutes 2010, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 290.06, subdivision 23.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Government Operations and Elections.

 

      The report was adopted.


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Holberg from the Committee on Ways and Means to which was referred:

 

H. F. No. 103, A bill for an act relating to unemployment insurance; modifying certain eligibility and extension provisions; amending Minnesota Statutes 2010, section 268.085, subdivision 9.

 

Reported the same back with the following amendments:

 

Page 2, line 9, after the period, insert "This section expires when federal law no longer allows a three-year lookback period."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Gottwalt from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 199, A bill for an act relating to health; providing a statement of public policy declaring that every resident of Minnesota has the freedom of choice in health care; amending Minnesota Statutes 2010, section 8.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 1; repealing Minnesota Statutes 2010, sections 256B.055, subdivision 15; 256B.0756; Laws 2010, First Special Session chapter 1, article 16, sections 6; 7; 18; 46; 47.

 

Reported the same back with the following amendments:

 

Page 3, delete section 3

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Government Operations and Elections.

 

      The report was adopted.

 

 

Westrom from the Committee on Civil Law to which was referred:

 

H. F. No. 211, A bill for an act relating to civil actions; modifying remedies related to certain unlawful or deceptive trade practice actions; permitting appeals of certain court orders related to class actions; amending Minnesota Statutes 2010, section 8.31, subdivision 3a, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 540.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2010, section 8.31, subdivision 3a, is amended to read:


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 412

Subd. 3a.  Private remedies.  In addition to the remedies otherwise provided by law and subject to subdivision 3d, any person injured by a violation of any of the laws referred to in subdivision 1 may bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court.  The court may, as appropriate, enter a consent judgment or decree without the finding of illegality.  In any action brought by the attorney general pursuant to this section, the court may award any of the remedies allowable under this subdivision.

 

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

 

Sec. 2.  Minnesota Statutes 2010, section 8.31, is amended by adding a subdivision to read:

 

Subd. 3d.  Private remedies for Unlawful Trade Practices Act, Prevention of Consumer Fraud Act, and False Statement in Advertisement Act.  To recover damages in a civil action pursuant to subdivision 3a for violations of the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), the False Statement in Advertisement Act (section 325F.67), or other laws against false or fraudulent advertising, detrimental reliance upon the alleged deceptive, false, or misleading act, practice, statement, or omission must be pleaded and proved.  No award of damages may be made in an action covered by this subdivision without proof that the person or persons seeking damages suffered an out-of-pocket loss.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to actions that accrue on or after that date.

 

Sec. 3.  [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL. 

 

A court order certifying a class action, refusing to certify a class action, or denying a motion to decertify a class action is appealable as a matter of right.  While an appeal under this subdivision is pending, all discovery and other proceedings in the district court are automatically stayed, except that upon the motion of a party the district court may lift the stay, in whole or in part, for good cause shown.

 

EFFECTIVE DATE.  This section is effective July 1, 2011, and applies to orders issued on or after that date."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.

 

      The report was adopted.

 

 

Urdahl from the Legacy Funding Division to which was referred:

 

H. F. No. 245, A bill for an act relating to arts; creating regional capital fund for arts organizations; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 129D.

 

Reported the same back with the following amendments:

 

Page 1, line 9, before "or" insert "refinancing,"

 

Page 1, line 12, delete "five" and insert "ten"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections without further recommendation.

 

      The report was adopted.


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SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 103 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Anderson, B., and Shimanski introduced:

 

      H. F. No. 608, A bill for an act relating to the city of Clearwater; modifying local sales tax provisions; amending Laws 2008, chapter 366, article 7, section 19, subdivision 3.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Smith, Gauthier, Hilty, Nornes and McDonald introduced:

 

      H. F. No. 609, A bill for an act relating to public safety; authorizing grants from fire safety account to local fire departments; amending Minnesota Statutes 2010, section 299F.012.

 

      The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

 

 

      Hilty; Rukavina; Anderson, P.; Tillberry; Hackbarth; Sanders and Koenen introduced:

 

      H. F. No. 610, A bill for an act relating to transportation; providing for funding of transportation through new regulations governing checkbook money created by state-chartered banks; providing a penalty; proposing coding for new law in Minnesota Statutes, chapter 161.

 

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

 

 

      Gunther, Howes, Lanning, Mahoney and Urdahl introduced:

 

      H. F. No. 611, A bill for an act relating to economic development; creating a small business loan guarantee program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

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

 

 

      Howes, Ward, Persell and LeMieur introduced:

 

      H. F. No. 612, A bill for an act relating to natural resources; appropriating money for the upper Mississippi comprehensive plan.

 

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


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 414

      Kelly introduced:

 

      H. F. No. 613, A bill for an act relating to local government; providing for terms for members of the Red Wing Port Authority; amending Minnesota Statutes 2010, section 469.081, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Government Operations and Elections.

 

 

      Kelly and Norton introduced:

 

      H. F. No. 614, A bill for an act relating to health; regulating dental laboratories; proposing coding for new law as Minnesota Statutes, chapter 150B.

 

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

 

 

      Buesgens, Simon, Beard, Leidiger and Hausman introduced:

 

      H. F. No. 615, A bill for an act relating to drivers' licenses; modifying driver education requirements for obtaining an instruction permit; amending Minnesota Statutes 2010, section 171.05, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.

 

 

      Gunther and Davids introduced:

 

      H. F. No. 616, A bill for an act relating to taxation; providing exemption from property taxation of personal property of an electric generation facility; amending Minnesota Statutes 2010, section 272.02, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Woodard, McFarlane and Mariani introduced:

 

      H. F. No. 617, A bill for an act relating to education; aligning AmeriCorps Innovation to federal law; amending Minnesota Statutes 2010, sections 124D.36; 124D.38, subdivision 3; 124D.39; 124D.40; 124D.42, subdivision 6; 124D.44; 124D.45, subdivision 2; repealing Minnesota Statutes 2010, section 124D.38, subdivisions 4, 5, 6.

 

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

 

 

      Beard, Dill and Fabian introduced:

 

      H. F. No. 618, A bill for an act relating to energy; modifying and clarifying provisions related to innovative energy projects; amending Minnesota Statutes 2010, section 216B.1694.

 

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


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 415

      Dill and Hackbarth introduced:

 

      H. F. No. 619, A bill for an act relating to game and fish; removing deer, moose, and elk stand height restrictions; amending Minnesota Statutes 2010, section 97B.325; repealing Minnesota Statutes 2010, sections 97B.511; 97B.515, subdivision 3.

 

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

 

 

      Dill and Hackbarth introduced:

 

      H. F. No. 620, A bill for an act relating to game and fish; allowing use of a drum while baiting bear; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

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

 

 

      Dill and Hackbarth introduced:

 

      H. F. No. 621, A bill for an act relating to counties; providing a coyote and beaver conflict management option; proposing coding for new law in Minnesota Statutes, chapter 348.

 

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

 

 

      Morrow introduced:

 

      H. F. No. 622, A bill for an act relating to agriculture; appropriating money for the veterinary diagnostic laboratory at the University of Minnesota.

 

      The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.

 

 

      Dill and Hackbarth introduced:

 

      H. F. No. 623, A bill for an act relating to game and fish; modifying bear hunting license drawing provisions; amending Minnesota Statutes 2010, section 97B.405.

 

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

 

 

      Dill introduced:

 

      H. F. No. 624, A bill for an act relating to capital improvements; appropriating money for the Clair A. Nelson Memorial Forest; 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.


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      Anderson, P., introduced:

 

      H. F. No. 625, A bill for an act relating to civil law; providing certain liability protections for those grazing livestock on state land; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

      The bill was read for the first time and referred to the Committee on Civil Law.

 

 

      Anderson, P., and Swedzinski introduced:

 

      H. F. No. 626, A bill for an act relating to agriculture; appropriating money for ethanol blender pump grants.

 

      The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Policy and Finance.

 

 

      Howes, Gunther, Anzelc, Zellers, Persell, Ward, LeMieur, Murdock, Hancock, Nornes, Garofalo and Gottwalt introduced:

 

      H. F. No. 627, A bill for an act relating to education; prohibiting pre-Labor Day start date for flexible learning year programs; amending Minnesota Statutes 2010, sections 120A.40; 124D.126, subdivision 2.

 

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

 

 

      Smith introduced:

 

      H. F. No. 628, A bill for an act relating to public safety; providing penalties for employers hiring illegal immigrants; adding documents that are included in the crime of aggravated forgery; increasing penalty for aggravated forgery; establishing sex trafficking as a separate crime from the promotion of prostitution; amending Minnesota Statutes 2010, sections 609.281, subdivision 4, by adding subdivisions; 609.282, subdivisions 1, 2; 609.321, subdivision 7a; 609.625, subdivision 1; 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.

 

 

      Dettmer introduced:

 

      H. F. No. 629, A bill for an act relating to property taxation; allowing certain expenditures by nonprofit community-service organizations to be considered charitable contributions to qualify for a reduced property tax classification; amending Minnesota Statutes 2010, section 273.13, subdivision 25.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Benson, M.; Lenczewski; Runbeck; Quam; Drazkowski and Lanning introduced:

 

      H. F. No. 630, A bill for an act relating to taxation; property; authorizing a valuation exclusion for certain improvements to homestead properties; amending Minnesota Statutes 2010, section 273.11, subdivision 16.

 

      The bill was read for the first time and referred to the Committee on Taxes.


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      Dill introduced:

 

      H. F. No. 631, A bill for an act relating to state lands; authorizing public and private sales of certain tax-forfeited land.

 

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

 

 

      Howes introduced:

 

      H. F. No. 632, A bill for an act relating to labor and industry; allowing limited transfer of restricted plumber licenses; amending Minnesota Statutes 2010, section 326B.475, subdivision 5.

 

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

 

 

      Benson, M.; Banaian; Lohmer; Scott and Sanders introduced:

 

      H. F. No. 633, A bill for an act relating to taxation; sales and use; allowing capital equipment exemption at time of purchase; amending Minnesota Statutes 2010, sections 297A.68, subdivision 5; 297A.75.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Tillberry introduced:

 

      H. F. No. 634, A bill for an act relating to transportation; appropriating money for trunk highway improvement; authorizing sale of trunk highway bonds.

 

      The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.

 

 

      Hackbarth introduced:

 

      H. F. No. 635, A bill for an act relating to natural resources; eliminating Department of Natural Resources programs that duplicate private market activities.

 

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

 

 

      Smith introduced:

 

      H. F. No. 636, A bill for an act relating to public safety; expanding the time period in which an offender is considered to be in a position of authority over a victim for purposes of the criminal sexual conduct laws; amending Minnesota Statutes 2010, sections 609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.


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      Drazkowski; Kelly; Downey; Urdahl; Benson, M.; Quam and Scott introduced:

 

      H. F. No. 637, A bill for an act relating to health; modifying an exemption to the food, beverage, and lodging establishments statutes; amending Minnesota Statutes 2010, section 157.22.

 

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

 

 

      Myhra, Erickson, Garofalo, Crawford, Loon, Barrett and Woodard introduced:

 

      H. F. No. 638, A bill for an act relating to education; creating a school grading system; creating a school recognition program; modifying school report cards; authorizing rulemaking; requiring a report; amending Minnesota Statutes 2010, section 120B.36, subdivision 1, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

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

 

 

      Kiel and Fabian introduced:

 

      H. F. No. 639, A bill for an act relating to capital investment; appropriating money for an aviation maintenance expansion project at Northland Community and Technical College; authorizing the sale and issuance of state bonds.

 

      The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.

 

 

      Slocum, Cornish, Smith, Johnson, Slawik and Gauthier introduced:

 

      H. F. No. 640, A bill for an act relating to public safety; requiring background checks for individuals appointed to coroner or medical examiner staff; amending Minnesota Statutes 2010, section 390.05.

 

      The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

 

 

      Slocum; Benson, J.; Slawik; Mariani; Greiling and Gauthier introduced:

 

      H. F. No. 641, A bill for an act relating to education; requiring cultural competency training for teachers and school administrators seeking to renew their professional license; amending Minnesota Statutes 2010, sections 122A.09, subdivision 4; 122A.14, subdivision 3.

 

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

 

 

      Slocum, Cornish, Smith, Johnson, Slawik, Gauthier and Fritz introduced:

 

      H. F. No. 642, A bill for an act relating to public safety; providing for a child certified as an adult to be detained in a juvenile facility prior to trial and verdict; amending Minnesota Statutes 2010, section 260B.125, subdivision 8.

 

      The bill was read for the first time and referred to the Committee on Judiciary Policy and Finance.


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      Slawik introduced:

 

      H. F. No. 643, A bill for an act relating to capital investment; appropriating money for Oak Park Heights pedestrian tunnel; 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.

 

 

      Simon, Slocum and Murphy, E., introduced:

 

      H. F. No. 644, A bill for an act relating to assisted reproduction; modifying certain provisions related to determinations of paternity and maternity; amending Minnesota Statutes 2010, sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Civil Law.

 

 

      Mullery introduced:

 

      H. F. No. 645, A bill for an act relating to economic development; establishing grant program for collaborative activities to reduce unemployment among minority populations; appropriating money.

 

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

 

 

      Davnie, Moran, Wagenius, Loeffler, Greiling and Hornstein introduced:

 

      H. F. No. 646, A bill for an act relating to health; establishing a right to reproductive privacy; proposing coding for new law as Minnesota Statutes, chapter 145D.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker: 

 

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

 

S. F. No. 4, A bill for an act relating to energy; regulating and monitoring decommissioning of nuclear power plants and disposal of used fuel; abolishing prohibition on issuing certificate of need for new nuclear power plant; amending Minnesota Statutes 2010, section 216B.243, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 216B.


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 420

The Senate respectfully requests that a Conference Committee be appointed thereon.  The Senate has appointed as such committee:

 

Senators Koch, Rosen and Scheid.

 

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Peppin moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 4.  The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Hortman moved that the name of Tillberry be added as an author on H. F. No. 95.  The motion prevailed.

 

      Mahoney moved that the name of McFarlane be added as an author on H. F. No. 102.  The motion prevailed.

 

      Murray moved that the name of Lanning be added as an author on H. F. No. 103.  The motion prevailed.

 

      Anderson, P., moved that the name of O'Driscoll be added as an author on H. F. No. 106.  The motion prevailed.

 

      Downey moved that the names of Anderson, B.; Stensrud and Murray be added as authors on H. F. No. 178.  The motion prevailed.

 

      Holberg moved that the name of Morrow be added as an author on H. F. No. 235.  The motion prevailed.

 

      Hansen moved that the name of Atkins be added as an author on H. F. No. 277.  The motion prevailed.

 

      Scott moved that the name of Cornish be added as an author on H. F. No. 322.  The motion prevailed.

 

      Holberg moved that the name of Bills be added as chief author on H. F. No. 329.  The motion prevailed.

 

      Kieffer moved that her name be stricken as an author on H. F. No. 333.  The motion prevailed.

 

      Kelly moved that the name of Leidiger be added as an author on H. F. No. 387.  The motion prevailed.

 

      Benson, J., moved that the name of Greiling be added as an author on H. F. No. 388.  The motion prevailed.

 

      Simon moved that the name of Tillberry be added as an author on H. F. No. 406.  The motion prevailed.

 

      Runbeck moved that the name of Lenczewski be added as an author on H. F. No. 481.  The motion prevailed.

 

      Kieffer moved that the name of Lohmer be added as an author on H. F. No. 532.  The motion prevailed.

 

      McFarlane moved that the names of Morrow and Kath be added as authors on H. F. No. 535.  The motion prevailed.


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      Urdahl moved that the names of Koenen, Eken and Anzelc be added as authors on H. F. No. 537.  The motion prevailed.

 

      Slawik moved that the name of Persell be added as an author on H. F. No. 541.  The motion prevailed.

 

      Buesgens moved that the name of Lohmer be added as an author on H. F. No. 543.  The motion prevailed.

 

      Cornish moved that the name of Morrow be added as an author on H. F. No. 549.  The motion prevailed.

 

      Greene moved that the name of Tillberry be added as an author on H. F. No. 552.  The motion prevailed.

 

      Smith moved that the name of Simon be added as an author on H. F. No. 556.  The motion prevailed.

 

      Beard moved that the name of Nelson be added as an author on H. F. No. 561.  The motion prevailed.

 

      Smith moved that the name of McElfatrick be added as an author on H. F. No. 565.  The motion prevailed.

 

      Kahn moved that the name of Nelson be added as an author on H. F. No. 568.  The motion prevailed.

 

      Eken moved that the name of Hancock be added as an author on H. F. No. 572.  The motion prevailed.

 

      Ward moved that the name of Morrow be added as an author on H. F. No. 580.  The motion prevailed.

 

      Beard moved that the name of Woodard be added as an author on H. F. No. 587.  The motion prevailed.

 

      Loon moved that the name of Downey be added as an author on H. F. No. 600.  The motion prevailed.

 

 

MOTION TO FIX TIME TO CONVENE

 

      Dean moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 24, 2011.  The motion prevailed.

 

 

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

 

 

      Dean moved that the House recess subject to the call of the Chair to meet with the Senate in Joint Convention to elect members of the Board of Regents of the University of Minnesota.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

      The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 422

JOINT CONVENTION

 

      The Speaker of the House, as President of the Joint Convention, called the Joint Convention to order.

 

      Prayer was offered by the Reverend Bob Battle, Berean Church of God in Christ, St. Paul, Minnesota.

 

      The roll being called, the following Senators answered to their names:  Anderson, Bakk and Benson.

 

      Senator Koch moved that further proceedings of the roll call be suspended.  The motion prevailed and a quorum was declared present.

 

 

RECOMMENDATIONS FROM THE JOINT LEGISLATIVE COMMITTEE FOR CANDIDATES

FOR VACANCIES ON THE BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA

 

February 17, 2011

 

      Dear Speaker Zellers, Majority Leader Koch, and Minority Leaders Thissen and Bakk:

 

      Pursuant to Minnesota Statutes 2010, section 137.0246, subdivision 2, the Joint Legislative Committee met on February 16, 2011 to consider candidates for vacancies on the University of Minnesota Board of Regents.

 

      The Joint Legislative Committee allowed all candidates who were recommended by the Regent Candidate Advisory Council an opportunity to address the Joint Committee and respond to questions.  A report was received from the Eighth Congressional Caucus that voted to select William Burns as their recommended nominee for the vacancy.

 

      After hearing from all 12 candidates, the Joint Legislative Committee voted.  Based on a majority vote of the House members and a majority vote of the Senate members of the Joint Legislative Committee, we respectfully forward the following names to the Joint Convention of the Senate and the House of Representatives:

 

      Steve Sviggum is recommended for the Second Congressional District vacancy;

      David Larson is recommended for the Third Congressional District vacancy;

      David McMillan is recommended for the Eighth Congressional District vacancy; and

      Laura Brod is recommended for the At-Large vacancy.

 

                                                                                                        Respectfully submitted,

 

 

                                                                                                        Representative Bud Nornes

                                                                                                        Co-Chair of the Joint Legislative Committee

 

                                                                                                        Senator Michelle L. Fischbach

                                                                                                        Co-Chair of the Joint Legislative Committee

 

 

      Thissen moved that the recommendations for candidates to the Board of Regents be returned to the Joint Legislative Committee.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 423

      The question was taken on the Thissen motion and the roll was called.  There were 87 yeas and 105 nays as follows:

 

SENATE ROLL CALL

 

      Those who voted in the affirmative were:

 


Anderson

Bakk

Berglin

Bonoff

Cohen

Dibble

Goodwin

Harrington

Higgins

Kelash

Kubly

Langseth

Latz

Lourey

Marty

Metzen

Pappas

Pogemiller

Reinert

Rest

Scheid

Sheran

Sieben

Skoe

Sparks

Stumpf

Tomassoni

Torres Ray

Wiger


 

      Those who voted in the negative were:

 


Benson

Brown

Carlson

Chamberlain

Dahms

Daley

DeKruif

Fischbach

Gazelka

Gerlach

Gimse

Hall

Hann

Hoffman

Howe

Ingebrigtsen

Jungbauer

Koch

Kruse

Lillie

Limmer

Magnus

Michel

Miller

Nelson

Newman

Nienow

Olson

Ortman

Parry

Pederson

Robling

Rosen

Senjem

Thompson

Vandeveer


 

 

HOUSE OF REPRESENTATIVES ROLL CALL

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

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

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Pres. Zellers


 

 

      The motion did not prevail.


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 424

      Senator Fischbach moved that the recommendations of the Joint Legislative Committee be now accepted.  The motion prevailed.

 

 

ELECTION OF MEMBERS TO THE BOARD

OF REGENTS OF THE UNIVERSITY OF MINNESOTA

 

      Pursuant to the Joint Rules of the Senate and House of Representatives the Joint Convention proceeded to elect Regents from the three Congressional Districts.

 

 

      Steve Sviggum was nominated by the Joint Legislative Committee for the Second Congressional District Regent for a term of six years.

 

      Thomas Devine was nominated by Senator Pappas for the Second Congressional District Regent for a term of six years.

 

      David Larson was nominated by the Joint Legislative Committee for the Third Congressional District Regent for a term of six years.

 

      David McMillan was nominated by the Joint Legislative Committee for the Eighth Congressional District Regent for a term of six years.

 

      William Burns was nominated by Representative Gauthier for the Eighth Congressional District Regent for a term of six years.

 

 

      There being no further nominations, the President declared the nominations closed.

 

 

      The Secretary called the roll.

 

 

SECOND CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for Steve Sviggum:

 


Benson

Brown

Carlson

Chamberlain

Dahms

Daley

DeKruif

Fischbach

Gazelka

Gerlach

Gimse

Hall

Hann

Hoffman

Howe

Ingebrigtsen

Jungbauer

Koch

Kruse

Lillie

Limmer

Magnus

Michel

Miller

Nelson

Newman

Nienow

Olson

Parry

Pederson

Robling

Rosen

Senjem

Thompson

Vandeveer


 

 

      The following member of the House of Representatives voted for Steve Sviggum:

 


Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hancock

Holberg

Howes

Kahn

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lillie

Lohmer

Loon

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 425

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Pres. Zellers


 

 

      Steve Sviggum received 104 votes.

 

 

      The following members of the Senate voted for Thomas Devine:

 


Anderson

Bakk

Berglin

Bonoff

Cohen

Dibble

Goodwin

Harrington

Higgins

Kelash

Kubly

Langseth

Latz

Lourey

Marty

Metzen

Ortman

Pappas

Pogemiller

Rest

Scheid

Sheran

Sieben

Skoe

Sparks

Stumpf

Tomassoni

Torres Ray

Wiger


 

 

      The following members of the House of Representatives voted for Thomas Devine:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Huntley

Johnson

Kath

Knuth

Koenen

Lenczewski

Lesch

Liebling

Loeffler

Mahoney

Mariani

Marquart

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

 

      Thomas Devine received 86 votes.

 

 

      Senator Reinert voted for Laura Brod.

 

 

      Steve Sviggum, having received 104 votes, a majority of the votes cast, was declared elected Second Congressional District Regent, for a term of six years.

 

 

THIRD CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for David Larson:

 


Anderson

Bakk

Benson

Berglin

Bonoff

Brown

Carlson

Chamberlain

Cohen

Dahms

Daley

DeKruif

Dibble

Fischbach

Gazelka

Gerlach

Gimse

Goodwin

Hall

Hann

Harrington

Higgins

Hoffman

Howe

Ingebrigtsen

Jungbauer

Kelash

Koch

Kruse

Kubly

Langseth

Latz

Lillie

Limmer

Lourey

Magnus

Marty

Metzen

Michel

Miller

Nelson

Newman

Nienow

Olson

Ortman

Pappas

Parry

Pederson

Pogemiller

Reinert

Rest

Robling

Rosen

Scheid

Senjem

Sheran

Sieben

Skoe

Sparks

Stumpf

Thompson

Tomassoni

Torres Ray

Vandeveer

Wiger



Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 426

      The following members of the House of Representatives voted for David Larson:

 


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

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Greiling

Gruenhagen

Gunther

Hackbarth

Hancock

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

McElfatrick

McFarlane

McNamara

Moran

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersen, B.

Peterson, S.

Quam

Rukavina

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Smith

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Pres. Zellers


 

 

      David Larson received 190 votes.

 

 

      Representatives Hansen and Poppe voted for Norman Rickeman.

 

 

      David Larson, having received 190 votes, a majority of the votes cast, was declared elected Third Congressional District Regent, for a term of six years.

 

 

EIGHTH CONGRESSIONAL DISTRICT REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for David McMillan:

 


Anderson

Bakk

Benson

Berglin

Bonoff

Brown

Carlson

Chamberlain

Cohen

Dahms

Daley

DeKruif

Dibble

Fischbach

Gazelka

Gerlach

Gimse

Goodwin

Hall

Hann

Harrington

Higgins

Hoffman

Howe

Ingebrigtsen

Jungbauer

Kelash

Koch

Kruse

Kubly

Langseth

Latz

Lillie

Limmer

Magnus

Metzen

Michel

Miller

Nelson

Newman

Nienow

Olson

Ortman

Pappas

Parry

Pederson

Reinert

Rest

Robling

Rosen

Scheid

Senjem

Sheran

Sieben

Skoe

Sparks

Stumpf

Thompson

Tomassoni

Torres Ray

Vandeveer

Wiger


 

 

      The following members of the House of Representatives voted for David McMillan:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Atkins

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 427

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hancock

Holberg

Hoppe

Huntley

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Kriesel

Lanning

Leidiger

LeMieur

Lillie

Lohmer

Loon

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Peterson, S.

Poppe

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Simon

Slawik

Smith

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Pres. Zellers


 

 

      David McMillan received 141 votes.

 

 

      Senators Lourey, Marty and Pogemiller voted for William Burns.

 

 

      The following members of the House of Representatives voted for William Burns:

 


Anzelc

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Eken

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Johnson

Kahn

Koenen

Lenczewski

Lesch

Liebling

Loeffler

Mahoney

Mariani

Marquart

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Persell

Rukavina

Scalze

Slocum

Thissen

Tillberry

Wagenius

Winkler


 

 

      William Burns received 49 votes.

 

 

      Representative Howes voted for Robert Ostlund.

 

      Representative Ward voted for Robert Kennedy.

 

 

      David McMillan, having received 141 votes, a majority of the votes cast, was declared elected Eighth Congressional District Regent, for a term of six years.

 

 

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

 

 

      Pursuant to the Joint Rules of the Senate and the House of Representatives the Joint Convention proceeded to elect the At-Large Regent.

 

 

      Laura Brod was nominated by the Joint Legislative Committee for the At-Large Regent for a term of six years.

 

      Steven Hunter was nominated by Representative Rukavina for the At-Large Regent for a term of six years.  The nomination was seconded by Senator Pappas.

 

 

      There being no further nominations, the President declared the nominations closed.


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 428

      The Secretary called the roll.

 

 

AT-LARGE REGENT JOINT ROLL CALL

 

      The following members of the Senate voted for Brod:

 


Benson

Brown

Carlson

Chamberlain

Dahms

Daley

DeKruif

Fischbach

Gazelka

Gerlach

Gimse

Hall

Hann

Hoffman

Howe

Ingebrigtsen

Jungbauer

Koch

Kruse

Lillie

Limmer

Magnus

Michel

Miller

Nelson

Newman

Nienow

Olson

Ortman

Parry

Pederson

Robling

Rosen

Senjem

Thompson

Vandeveer


 

 

      The following members of the House of Representatives voted for Brod:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hancock

Holberg

Hoppe

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Smith

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Pres. Zellers


 

 

      Laura Brod received 104 votes.

 

 

      The following members of the Senate voted for Hunter:

 


Anderson

Bakk

Berglin

Bonoff

Cohen

Dibble

Goodwin

Harrington

Higgins

Kelash

Kubly

Langseth

Latz

Lourey

Marty

Metzen

Pappas

Pogemiller

Reinert

Rest

Scheid

Sheran

Sieben

Skoe

Sparks

Stumpf

Tomassoni

Torres Ray

Wiger


 

 

      The following members of the House of Representatives voted for Hunter:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Koenen

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Marquart

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward

Winkler


 

 

      Steven Hunter received 86 votes.

 

 

      Laura Brod, having received 104 votes, a majority of the votes cast, was declared elected At-Large Regent, for a term of six years.


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 429

DECLARATION OF ELECTION

 

      Steve Sviggum, Second Congressional District Regent, Six Years; David Larson, Third Congressional District Regent, Six Years; David McMillan, Eighth Congressional District Regent, Six Years; Laura Brod, At-Large Regent, Six Years; each having received a majority of the votes cast at the Joint Convention were declared by the President of the Joint Convention to be elected to the Board of Regents of the University of Minnesota.

 

 

      Senator Koch moved that the Joint Convention adjourn.  The motion prevailed and the President declared the Joint Convention adjourned.

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

CERTIFICATION

 

February 21, 2011

To the Governor

State of Minnesota

 

To the Senate

State of Minnesota

 

To the House of Representatives

State of Minnesota

 

      This is to certify that the House of Representatives and the Senate in Joint Convention on Monday, February 21, 2011, have elected as members of the Board of Regents of the University of Minnesota the following members each to hold office for the term specified for each to begin upon election by the Joint Convention:

 

      Steve Sviggum, Second Congressional District, Six Years

      David Larson, Third Congressional District, Six Years

      David McMillan, Eighth Congressional District, Six Years

      Laura Brod, At-Large, Six Years.

 

 

                                                                                                        Michelle L. Fischbach

                                                                                                        President of the Senate

 

                                                                                                        Kurt Zellers

                                                                                                        Speaker of the House of Representatives

 

 

ADJOURNMENT

 

      Dean moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, February 24, 2011.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives


Journal of the House - 17th Day - Monday, February 21, 2011 - Top of Page 430