Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9799

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2010

 

_____________________

 

EIGHTY-FOURTH DAY

 

Saint Paul, Minnesota, Wednesday, April 7, 2010

 

 

      The House of Representatives convened at 12:30 p.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by the Reverend Megan Torgerson, Augustana Lutheran Church, West 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, P.

Anderson, S.

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      Champion, Gottwalt, Scott and Thao were excused.

 

      Anzelc was excused until 1:05 p.m.  Davnie was excused until 2:25 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Bunn moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk.  The motion prevailed.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9800

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 6, 2010

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Kelliher:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files: 

 

      H. F. No. 1780, relating to state government; requiring revisor of statutes to survey recipients of free state publications. 

 

      H. F. No. 3067, relating to waters; modifying watershed plan provisions.

 

      H. F. No. 3336, relating to eminent domain; modifying right of first refusal offers for property obtained with federal transit funding.

 

      H. F. No. 3187, relating to civil commitments; providing for oaths or affirmations without notarization and the acceptability of electronic signatures and documents.

 

      H. F. No. 3172, relating to education; permitting advertisements within a baseball field.

 

      H. F. No. 2988, relating to state government; adding a provision to the Minnesota Data Practices Act on computer data; clarifying state agency use of temporary session cookies on government Web sites.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Pawlenty

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2010 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9801

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2010

 

Date Filed

2010

 

                                1780                     217                                            4:16 p.m. April 6                                 April 6

                                3067                     218                                            4:18 p.m. April 6                                 April 6

                                3336                     219                                            4:20 p.m. April 6                                 April 6

                                3187                     220                                            4:21 p.m. April 6                                 April 6

                                3172                     221                                            4:22 p.m. April 6                                 April 6

                                2988                     222                                            4:24 p.m. April 6                                 April 6

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Ruud introduced:

 

      H. F. No. 3758, A bill for an act relating to drivers' licenses; allowing driver's license applicant to donate $2 for public information and education on anatomical gifts; appropriating money; amending Minnesota Statutes 2008, section 171.06, subdivision 2.

 

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

 

 

      Hansen introduced:

 

      H. F. No. 3759, A bill for an act relating to capital investment; appropriating money for grants to make air handling system improvements to improve air quality in indoor ice arenas; authorizing the sale and issuance of state bonds.

 

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

 

 

      Marquart and Gardner introduced:

 

      H. F. No. 3760, A bill for an act relating to taxation; property; modifying homestead treatment of manufactured home park cooperatives; amending Minnesota Statutes 2009 Supplement, sections 273.124, subdivision 3a; 273.13, subdivision 25.

 

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


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9802

      Atkins, Johnson and Hoppe introduced:

 

      H. F. No. 3761, A bill for an act relating to telecommunications; prohibiting certain fees for equipment; proposing coding for new law in Minnesota Statutes, chapter 238.

 

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

 

 

      Abeler introduced:

 

      H. F. No. 3762, A bill for an act relating to taxation; authorizing the city of Ramsey to create a tax increment financing district subject to certain rules.

 

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

 

 

      Dill introduced:

 

      H. F. No. 3763, A bill for an act relating to taxation; extending the application of the homestead resort classification; amending Minnesota Statutes 2008, section 273.13, subdivision 22.

 

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

 

 

      Hosch introduced:

 

      H. F. No. 3764, A bill for an act relating to taxation; job opportunity building zones; allowing amendments to agreements under certain circumstances; amending Minnesota Statutes 2008, section 469.3192.

 

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

 

 

      Marquart introduced:

 

      H. F. No. 3765, A bill for an act relating to taxation; authorizing the city of Detroit Lakes to impose food, beverage, and entertainment taxes.

 

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

 

 

      Brod; Peppin; Kiffmeyer; Murdock; Severson; Shimanski; Scott; Mack; Torkelson; Hamilton; Sanders; Drazkowski; Davids; Abeler; Nornes; Eastlund; Anderson, P.; Kelly; Lanning; Dettmer; Anderson, B.; Fritz; Emmer and Otremba introduced:

 

      H. F. No. 3766, A bill for an act relating to public health; requiring labeling of certain human DNA vaccines and informed consent for administration of those vaccines; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9803

      Dill introduced:

 

      H. F. No. 3767, A bill for an act relating to taxation; authorizing the city of Ely to impose a sales and use tax.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker: 

 

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

 

      H. F. No. 3318, A bill for an act relating to judiciary; enacting the Uniform Unsworn Foreign Declarations Act proposed for adoption by the National Conference of Commissioners on Uniform State Laws; providing for penalties; amending Minnesota Statutes 2008, section 609.48, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 358.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate

 

 

      Hortman moved that the House refuse to concur in the Senate amendments to H. F. No. 3318, 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.

 

 

Madam 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. 3327, A bill for an act relating to city and county employees; exempting employees of a city-owned or county-owned hospital from certain reporting requirements; amending Minnesota Statutes 2008, section 471.701.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate

 

 

      Koenen moved that the House refuse to concur in the Senate amendments to H. F. No. 3327, 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.

 

 

Madam 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. 3048, A bill for an act relating to labor and industry; modifying construction codes and licensing provisions; modifying certain notice provisions; amending Minnesota Statutes 2008, sections 178.01; 178.03, subdivisions 3, 4; 178.06; 178.08; 178.11; 326.02, subdivision 5; 326B.04, subdivision 2; 326B.127, subdivision 3;


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9804

326B.13, subdivisions 3, 4, 5, 6; 326B.133, subdivision 5; 326B.139; 326B.142; 326B.148, subdivisions 2, 3; 326B.191; 326B.31, subdivision 28; 326B.33, subdivision 17; 326B.42, subdivisions 2, 6; 326B.435, subdivision 2; 326B.47; 326B.84; 326B.89, subdivisions 1, 5, 6, 7, 8, 10, 13, by adding subdivisions; 326B.921, subdivision 3; Minnesota Statutes 2009 Supplement, sections 14.14, subdivision 1a; 326B.145; Laws 2010, chapter 183, section 8; repealing Minnesota Statutes 2008, sections 299G.11; 299G.13, subdivisions 1, 6, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28; 299G.14; 299G.15; 299G.16; 299G.17; 299G.18; 326B.115; 326B.37, subdivision 13; Minnesota Rules, parts 5200.0020; 5200.0050; 5200.0080, subparts 2, 3, 4, 4a, 4b, 6, 7, 8.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate

 

 

      Norton moved that the House refuse to concur in the Senate amendments to H. F. No. 3048, 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.

 

 

Madam 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. 3391, A bill for an act relating to children; modifying certain provisions relating to children in need of protection and services; amending Minnesota Statutes 2008, sections 260C.007, subdivision 6; 260C.163, subdivision 2; Minnesota Statutes 2009 Supplement, section 260C.175, subdivision 1.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate

 

 

      Olin moved that the House refuse to concur in the Senate amendments to H. F. No. 3391, 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.

 

 

Madam 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. 1217, A bill for an act relating to health; expanding categories of persons allowed to possess legend and nonprescription drugs to include those disposing of them; modifying definitions; amending Minnesota Statutes 2008, sections 151.37, subdivisions 6, 7; 151.44.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Gardner moved that the House concur in the Senate amendments to H. F. No. 1217 and that the bill be repassed as amended by the Senate.  The motion prevailed.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9805

      H. F. No. 1217, A bill for an act relating to health; expanding categories of persons allowed to possess legend and nonprescription drugs to include those disposing of them; modifying definitions; amending Minnesota Statutes 2008, sections 151.37, subdivisions 6, 7; 151.44.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 106 yeas and 22 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, P.

Anderson, S.

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davids

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Seifert

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Buesgens

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Hackbarth

Holberg

Hoppe

Kelly

Kiffmeyer

Kohls

Mack

Peppin

Sanders

Severson

Shimanski

Thissen


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Madam 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. 2709, A bill for an act relating to civil actions; specifying immunity for certain entities in the event of an emergency or disaster; amending Minnesota Statutes 2008, sections 12.03, by adding a subdivision; 12.22, by adding a subdivision.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9806

CONCURRENCE AND REPASSAGE

 

      Norton moved that the House concur in the Senate amendments to H. F. No. 2709 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

      H. F. No. 2709, A bill for an act relating to civil actions; modifying volunteer protections during an emergency or disaster; specifying immunity for certain entities; amending Minnesota Statutes 2008, sections 12.03, by adding a subdivision; 12.22, by adding a subdivision.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

      The Speaker called Hortman to the Chair.

 

 

Madam 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. 2881, A bill for an act relating to public safety; authorizing certain qualified persons with medical training or supervision to take blood samples from DWI offenders; providing legal immunity; amending Minnesota Statutes 2008, section 169A.51, subdivision 7.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9807

CONCURRENCE AND REPASSAGE

 

      Kath moved that the House concur in the Senate amendments to H. F. No. 2881 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

      H. F. No. 2881, A bill for an act relating to public safety; authorizing certain qualified persons with medical training or supervision to take blood samples from DWI offenders; providing legal immunity; amending Minnesota Statutes 2008, section 169A.51, subdivision 7.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 96 yeas and 32 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davids

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Hackbarth

Holberg

Hoppe

Kelly

Kiffmeyer

Kohls

Mack

Nornes

Peppin

Sanders

Seifert

Severson

Shimanski

Smith

Urdahl

Westrom

Zellers


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Madam 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. 2956, A bill for an act relating to transportation; authorizing conveyance by commissioner of transportation to Indian tribal government of land no longer needed for trunk highway purposes; amending Minnesota Statutes 2008, section 161.44, subdivision 1.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9808

CONCURRENCE AND REPASSAGE

 

      Koenen moved that the House concur in the Senate amendments to H. F. No. 2956 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

      H. F. No. 2956, A bill for an act relating to transportation; authorizing conveyance by commissioner of transportation to Indian tribal government of land no longer needed for trunk highway purposes; amending Minnesota Statutes 2008, section 161.44, subdivision 1.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 91 yeas and 37 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davids

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thissen

Tillberry

Urdahl

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Brod

Buesgens

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gunther

Hackbarth

Hamilton

Holberg

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Peppin

Sanders

Seifert

Severson

Shimanski

Smith

Torkelson

Westrom

Zellers


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Madam 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. 3017, A bill for an act relating to local government; authorizing municipalities to permit certain solicitations; proposing coding for new law in Minnesota Statutes, chapter 465.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9809

CONCURRENCE AND REPASSAGE

 

      Atkins moved that the House concur in the Senate amendments to H. F. No. 3017 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

      H. F. No. 3017, A bill for an act relating to local government; authorizing municipalities to permit certain solicitations; proposing coding for new law in Minnesota Statutes, chapter 465.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Madam 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. 3164, A bill for an act relating to higher education; regulating the transfer of credits within institutions belonging to the Minnesota State Colleges and Universities system; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 136F.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9810

      Haws moved that the House refuse to concur in the Senate amendments to H. F. No. 3164, 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.

 

 

Madam 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. 2668, A bill for an act relating to landlord and tenant; modifying certain procedures relating to expungement; providing procedures relating to the charging and recovery of various fees; providing certain rights to tenants of foreclosed properties; amending Minnesota Statutes 2008, sections 484.014, subdivision 3; 504B.111; 504B.173; 504B.178, subdivision 7; 504B.215, subdivision 4; 504B.271, subdivisions 1, 2; 504B.285, by adding subdivisions; 504B.291, subdivision 1; 504B.365, subdivision 4; Minnesota Statutes 2009 Supplement, section 504B.285, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 504B.

 

Colleen J.  Pacheco, First Assistant Secretary of the Senate

 

 

      Mullery moved that the House refuse to concur in the Senate amendments to H. F. No. 2668, 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.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 2370 was reported to the House.

 

 

      Mariani moved to amend S. F. No. 2370, the second engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 2914, the first engrossment:

 

"Section 1.  Minnesota Statutes 2008, section 169.71, is amended by adding a subdivision to read:

 

Subd. 5.  Glazing material; prohibitions on sale.  (a) No person shall sell or offer for sale or use on any motor vehicle, windows or windshields that are composed of, covered by, or treated with material that fails to comply with the provisions of subdivision 4.  No person shall apply or offer to apply, as part of a business transaction, material to motor vehicle windows or windshields that fails to comply with the provisions of subdivision 4.

 

(b) Violation of this subdivision is a misdemeanor.

 

(c) This subdivision does not apply to sale or offers for sale of a motor vehicle containing windows or windshields composed of, covered by, or treated with material that fails to comply with the provisions of subdivision 4."


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9811

Delete the title and insert:

 

      "A bill for an act relating to motor vehicles; prohibiting sale of illegally tinted motor vehicle windows; amending Minnesota Statutes 2008, section 169.71, by adding a subdivision."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 2370, A bill for an act relating to motor vehicles; prohibiting vehicle dealers from selling vehicles that do not comply with vehicle equipment and material requirements; prohibiting sale of illegally tinted motor vehicle windows; amending Minnesota Statutes 2008, sections 168.27, by adding a subdivision; 169.71, by adding a subdivision; repealing Minnesota Statutes 2008, section 168.27, subdivision 30.

 

 

      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 112 yeas and 17 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davids

Demmer

Dill

Dittrich

Doepke

Doty

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Winkler

Zellers

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Buesgens

Dean

Dettmer

Downey

Drazkowski

Emmer

Garofalo

Hackbarth

Kohls

Lanning

Peppin

Rukavina

Sanders

Shimanski

Smith

Westrom


 

 

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

 

 

      S. F. No. 2840, A bill for an act relating to weights and measures; modifying requirements for petroleum storage tanks; extending an order exempting number 1 diesel fuel from biodiesel requirements; regulating sale of biodiesel on a net volume basis; amending Minnesota Statutes 2008, sections 239.752; 239.79, subdivision 4, by adding a subdivision.

 

 

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


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9812

      The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 2267, A bill for an act relating to occupations and professions; modifying terms relating to firefighters; amending Minnesota Statutes 2009 Supplement, section 299N.03, subdivision 5.

 

 

      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 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9813

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was passed and its title agreed to.

 

 

      Zellers was excused between the hours of 1:30 p.m. and 3:00 p.m.

 

 

      S. F. No. 2425, A bill for an act relating to higher education; clarifying disclosure of educational data; amending Minnesota Statutes 2008, section 13.32, subdivision 3.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      The bill was passed and its title agreed to.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9814

      H. F. No. 655, A bill for an act relating to elections; requiring an affidavit of candidacy to state the candidate's residence address and telephone number; prohibiting placement of a candidate on the ballot if residency requirements are not met; amending Minnesota Statutes 2008, section 204B.06, subdivision 1.

 

 

      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 121 yeas and 7 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Drazkowski

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Davids

Downey

Eastlund

Holberg

Hoppe

Kohls

Severson


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 80 was reported to the House.

 

 

Brod and Garofalo moved to amend S. F. No. 80, the unofficial engrossment, as follows:

 

Page 6, after line 4, insert:

 

"Sec. 10.  [10A.165] DECEPTIVE SOLICITATIONS PROHIBITED; PENALTY. 

 

(a) A political committee, political fund, principal campaign committee, or party unit may not solicit a contribution in a manner that deceptively or falsely states or implies the intended use of the contribution to support a candidate for office or to support or oppose a ballot question.  For purposes of this section, a deceptive solicitation includes an offer to sell goods or services that fails to disclose prior to the sale that the proceeds will be considered a contribution and used in whole or in part to support a political campaign.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9815

(b) A political committee, political fund, principal campaign committee, or party unit that knowingly violates this section is guilty of a gross misdemeanor and subject to a civil penalty imposed by the board of up to $3,000."

 

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 Brod and Garofalo amendment and the roll was called.  There were 64 yeas and 64 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Brown

Buesgens

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Eken

Emmer

Fritz

Garofalo

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Hosch

Howes

Kath

Kelly

Kiffmeyer

Koenen

Kohls

Lanning

Lenczewski

Loon

Mack

Magnus

McFarlane

McNamara

Morgan

Morrow

Murdock

Nornes

Norton

Obermueller

Olin

Otremba

Peppin

Rosenthal

Ruud

Sanders

Seifert

Severson

Shimanski

Smith

Sterner

Swails

Torkelson

Urdahl

Welti

Westrom


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brynaert

Carlson

Clark

Dill

Doty

Falk

Faust

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Knuth

Laine

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rukavina

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Thissen

Tillberry

Wagenius

Ward

Winkler

Spk. Kelliher


 

 

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

 

 

      Buesgens offered an amendment to S. F. No. 80, the unofficial engrossment.

 

 

POINT OF ORDER

 

      Simon raised a point of order pursuant to rule 3.21 that the Buesgens amendment was not in order.  Speaker pro tempore Hortman ruled the point of order well taken and the Buesgens amendment out of order.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9816

      Buesgens appealed the decision of Speaker pro tempore Hortman.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of Speaker pro tempore Hortman stand as the judgment of the House?" and the roll was called.  There were 86 yeas and 42 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Peppin

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom


 

 

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

 

 

McNamara moved to amend S. F. No. 80, the unofficial engrossment, as follows:

 

Page 6, line 12, after the period, insert "The board shall release reports for a specific office to be elected only when all candidate reports for that office are able to be released."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Buesgens moved to amend S. F. No. 80, the unofficial engrossment, as amended, as follows:

 

Page 8, line 7, strike "$500" and insert "$250"

 

Page 8, line 8, strike "$100" and insert "$50"

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9817

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

 

 

Westrom moved to amend S. F. No. 80, the unofficial engrossment, as amended, as follows:

 

Page 5, after line 9, insert:

 

"Sec. 7.  Minnesota Statutes 2008, section 10A.14, subdivision 1, is amended to read:

 

Subdivision 1.  First registration.  The treasurer of a political committee, political fund, principal campaign committee, or party unit must register with the board by filing a statement of organization no later than 14 days after the committee, fund, or party unit has made a contribution, received contributions, or made expenditures in excess of $100 $200, or by the end of the next business day after it has received a loan or contribution that must be reported under section 10A.20, subdivision 5, whichever is earlier."

 

Page 6, after line 4, insert:

 

"Sec. 10.  Minnesota Statutes 2008, section 10A.15, subdivision 3, is amended to read:

 

Subd. 3.  Deposit.  All contributions received by or on behalf of a candidate, principal campaign committee, political committee, political fund, or party unit must be deposited in an account designated "Campaign Fund of .....  (name of candidate, committee, fund, or party unit)." All contributions must be deposited promptly upon receipt and, except for contributions received during the last three days of a reporting period as described in section 10A.20, must be deposited during the reporting period in which they were received.  A contribution received during the last three days of a reporting period must be deposited within 72 hours after receipt and must be reported as received during the reporting period whether or not deposited within that period.  A candidate, principal campaign committee, political committee, political fund, or party unit may refuse to accept a contribution.  A deposited contribution may be returned to the contributor within 60 days after deposit by February 1 of the year after the year in which it was received.  A contribution deposited and not intended to be returned within 60 days after that deposit by February 1 of the year after the year in which it was received must be reported as accepted."

 

Page 6, line 9, strike "$100" and insert "$200"

 

Page 7, after line 12, insert:

 

"Sec. 13.  Minnesota Statutes 2008, section 10A.20, subdivision 3, is amended to read:

 

Subd. 3.  Contents of report.  (a) The report must disclose the amount of liquid assets on hand at the beginning of the reporting period.

 

(b) The report must disclose the name, address, and employer, or occupation if self-employed, of each individual or association that has made one or more contributions to the reporting entity, including the purchase of tickets for a fund-raising effort, that in aggregate within the year exceed $100 $200 for legislative or statewide candidates or ballot questions, together with the amount and date of each contribution, and the aggregate amount of contributions within the year from each source so disclosed.  A donation in kind must be disclosed at its fair market value.  An approved expenditure must be listed as a donation in kind.  A donation in kind is considered consumed in the reporting period in which it is received.  The names of contributors must be listed in alphabetical order.  Contributions from the same contributor must be listed under the same name.  When a contribution received from a contributor in a reporting period is added to previously reported unitemized contributions from the same contributor and the aggregate exceeds the disclosure threshold of this paragraph, the name, address, and employer, or occupation if self-employed, of the contributor must then be listed on the report.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9818

(c) The report must disclose the sum of contributions to the reporting entity during the reporting period.

 

(d) The report must disclose each loan made or received by the reporting entity within the year in aggregate in excess of $100 $200, continuously reported until repaid or forgiven, together with the name, address, occupation, and principal place of business, if any, of the lender and any endorser and the date and amount of the loan.  If a loan made to the principal campaign committee of a candidate is forgiven or is repaid by an entity other than that principal campaign committee, it must be reported as a contribution for the year in which the loan was made.

 

(e) The report must disclose each receipt over $100 $200 during the reporting period not otherwise listed under paragraphs (b) to (d).

 

(f) The report must disclose the sum of all receipts of the reporting entity during the reporting period.

 

(g) The report must disclose the name and address of each individual or association to whom aggregate expenditures, including approved expenditures, have been made by or on behalf of the reporting entity within the year in excess of $100 $200, together with the amount, date, and purpose of each expenditure and the name and address of, and office sought by, each candidate on whose behalf the expenditure was made, identification of the ballot question that the expenditure was intended to promote or defeat, and in the case of independent expenditures made in opposition to a candidate, the candidate's name, address, and office sought.  A reporting entity making an expenditure on behalf of more than one candidate for state or legislative office must allocate the expenditure among the candidates on a reasonable cost basis and report the allocation for each candidate.

 

(h) The report must disclose the sum of all expenditures made by or on behalf of the reporting entity during the reporting period.

 

(i) The report must disclose the amount and nature of an advance of credit incurred by the reporting entity, continuously reported until paid or forgiven.  If an advance of credit incurred by the principal campaign committee of a candidate is forgiven by the creditor or paid by an entity other than that principal campaign committee, it must be reported as a donation in kind for the year in which the advance of credit was made.

 

(j) The report must disclose the name and address of each political committee, political fund, principal campaign committee, or party unit to which contributions have been made that aggregate in excess of $100 $200 within the year and the amount and date of each contribution.

 

(k) The report must disclose the sum of all contributions made by the reporting entity during the reporting period.

 

(l) The report must disclose the name and address of each individual or association to whom noncampaign disbursements have been made that aggregate in excess of $100 $200 within the year by or on behalf of the reporting entity and the amount, date, and purpose of each noncampaign disbursement.

 

(m) The report must disclose the sum of all noncampaign disbursements made within the year by or on behalf of the reporting entity.

 

(n) The report must disclose the name and address of a nonprofit corporation that provides administrative assistance to a political committee or political fund as authorized by section 211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate fair market value of each type of assistance provided to the political committee or political fund during the reporting period. 


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9819

Sec. 14.  Minnesota Statutes 2008, section 10A.20, subdivision 6, is amended to read:

 

Subd. 6.  Report when no committee.  A candidate who does not designate and cause to be formed a principal campaign committee and an individual who makes independent expenditures or expenditures expressly advocating the approval or defeat of a ballot question in aggregate in excess of $100 $200 in a year must file with the board a report containing the information required by subdivision 3.  Reports required by this subdivision must be filed on the dates on which reports by committees, funds, and party units are filed."

 

Page 7, after line 29, insert:

 

"Sec. 15.  Minnesota Statutes 2008, section 10A.20, subdivision 14, is amended to read:

 

Subd. 14.  Reports by solicitors.  An individual or association, other than a candidate or the members of a candidate's principal campaign committee, that directly solicits and causes others to make contributions to candidates or a party unit in a house of the legislature, that aggregate more than $5,000 $7,500 between January 1 of a general election year and the end of the reporting period must file with the board a report disclosing the amount of each contribution, the names of the contributors, and to whom the contributions were given.  The report must be filed 15 days before a primary and ten days before a general election.  The report for each calendar year must be filed with the board by January 31 of the following year."

 

Page 8, line 7, strike "$500" and insert "$1,000"

 

Page 8, line 8, strike "$100" and insert "$250"

 

Page 8, line 9, strike "$500" and insert "$1,000"

 

Page 8, line 10, strike "$100" and insert "$250"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

Severson; Anderson, B.; Eastlund and Shimanski moved to amend S. F. No. 80, the unofficial engrossment, as amended.

 

 

Simon requested a division of the Severson et al amendment to S. F. No. 80, the unofficial engrossment, as amended.

 

 

The first portion of the Severson et al amendment to S. F. No. 80, the unofficial engrossment, as amended, reads as follows:

 

Page 3, after line 31, insert:

 

"Sec. 4.  Minnesota Statutes 2008, section 10A.071, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The definitions in this subdivision apply to this section.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9820

(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return.

 

(c) "Official" means a public official, an employee of the legislature, a judge, or a local official of a metropolitan governmental unit."

 

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 first portion of the Severson et al amendment and the roll was called.  There were 127 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      The motion prevailed and the first portion of the Severson et al amendment was adopted.

 

 

The second portion of the Severson et al amendment to S. F. No. 80, the unofficial engrossment, as amended, reads as follows:

 

Page 8, line 11, delete "$2,000" and insert "$500"

 

Page 8, line 12, delete "$500" and insert "$100"

 

 

      A roll call was requested and properly seconded.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9821

      The question was taken on the second portion of the Severson et al amendment and the roll was called.  There were 37 yeas and 91 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Eken

Emmer

Gunther

Hackbarth

Hamilton

Kiffmeyer

Laine

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Newton

Peppin

Rukavina

Seifert

Severson

Shimanski

Torkelson

Urdahl

Zellers


 

 

      Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Doty

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Knuth

Koenen

Kohls

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Ruud

Sailer

Sanders

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Tillberry

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      The motion did not prevail and the second portion of the Severson et al amendment was not adopted.

 

 

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

 

 

Davnie, Holberg, Brod and Simon moved to amend S. F. No. 80, the unofficial engrossment, as amended, as follows:

 

Page 3, after line 18, insert:

 

"Section 3.  Minnesota Statutes 2008, section 10A.03, is amended to read:

 

10A.03 LOBBYIST REGISTRATION. 

 

Subdivision 1.  First registration.  A lobbyist must file a registration form with the board within five days after becoming a lobbyist or being engaged by a new individual, association, political subdivision, or public higher education system.

 

Subd. 2.  Form.  The board must prescribe a registration form, which must include:

 

(1) the name, and address, and email address of the lobbyist;


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9822

(2) the principal place of business of the lobbyist;

 

(3) the name and address of each individual, association, political subdivision, or public higher education system, if any, by whom the lobbyist is retained or employed or on whose behalf the lobbyist appears; and

 

(4) the web site address of each association, political subdivision, or public higher education system identified under part 3 of this subdivision, if the entity maintains a web site; and

 

(4) (5) a general description of the subject or subjects on which the lobbyist expects to lobby.

 

If the lobbyist lobbies on behalf of an association, the registration form must include the name and address of the officers and directors of the association.

 

Subd. 3.  Failure to file.  The board must send a notice by certified mail to any lobbyist who fails to file a registration form within five days after becoming a lobbyist.  If a lobbyist fails to file a form within ten business days after the notice was sent, the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the 11th day after the notice was sent.  The board must send an additional notice by certified mail to a lobbyist who fails to file a form within 14 days after the first notice was sent by the board that the lobbyist may be subject to a civil penalty for failure to file the form.  A lobbyist who fails to file a form within seven days after the second notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.

 

Subd. 4.  Publication.  The restrictions of section 10.60 notwithstanding, the board may publish the information required in subdivision 2 on its web site.

 

Subd. 5.  Exemptions.  For good cause shown, the board must grant exemptions to the requirement that e-mail addresses be provided."

 

Page 5, line 12, strike "and" and insert "," and after "address" insert ", and web site address if the registrant maintains a web site,"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 80, A bill for an act relating to elections; campaign finance; removing certain unconstitutional provisions governing independent expenditures in political campaigns; changing certain campaign expenditure and contribution limits and certain reporting requirements; authorizing electronic filing of certain items with the Campaign Finance and Public Disclosure Board; providing contribution limits for judicial candidates; increasing contribution limits for candidates for secretary of state, state auditor and the legislature; making certain reports filed with the Campaign Finance and Public Disclosure Board nonpublic data until certain conditions have been met; requiring the public subsidy for an eligible candidate be withheld until a required report has been filed; amending Minnesota Statutes 2008, sections 10A.01, subdivisions 9, 11, 18, 26; 10A.04, subdivision 5; 10A.071, subdivision 3; 10A.08; 10A.09, subdivision 7; 10A.14, subdivisions 2, 4, by adding a subdivision; 10A.20, subdivisions 1, 12, 13, by adding subdivisions; 10A.27, subdivision 1; 10A.31, subdivision 6, by adding a subdivision; 10A.322, subdivision 1; 10A.323; 10A.35; 13.607, by adding a subdivision; 211A.02, subdivision 2; 211A.05, subdivision 2; 211B.12; repealing Minnesota Statutes 2008, section 10A.20, subdivision 6b.

 

 

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


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9823

      The question was taken on the passage of the bill and the roll was called.  There were 127 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Holberg


 

 

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

 

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

      Sertich from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Thursday, April 8, 2010:

 

      H. F. No. 2899; S. F. Nos. 2322, 863 and 2866; H. F. No. 3405; and S. F. Nos. 2912 and 2852.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2668:

 

      Mullery, Hayden and Gunther.


Journal of the House - 84th Day - Wednesday, April 7, 2010 - Top of Page 9824

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3048:

 

      Norton, Mahoney and Magnus.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3164:

 

      Haws, Poppe and McFarlane.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3318:

 

      Hortman, Jackson and Urdahl.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3391:

 

      Olin, Jackson and Kelly.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Fritz moved that the name of Olin be added as an author on H. F. No. 1847.  The motion prevailed.

 

      Hausman moved that the name of Ruud be added as an author on H. F. No. 2560.  The motion prevailed.

 

      Mullery moved that the name of Smith be added as an author on H. F. No. 2610.  The motion prevailed.

 

      Smith moved that his name be stricken as an author on H. F. No. 2989.  The motion prevailed.

 

      Mahoney moved that the name of Sterner be added as an author on H. F. No. 3157.  The motion prevailed.

 

      Jackson moved that the name of Sterner be added as an author on H. F. No. 3634.  The motion prevailed.

 

      Haws moved that the name of Hosch be added as an author on H. F. No. 3658.  The motion prevailed.

 

 

ADJOURNMENT

 

      Sertich moved that when the House adjourns today it adjourn until 1:00 p.m., Thursday, April 8, 2010.  The motion prevailed.

 

      Sertich moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Hortman declared the House stands adjourned until 1:00 p.m., Thursday, April 8, 2010.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives