Journal of the House - 1st Day - Monday, September 9, 2013 - Top of Page 3

 

STATE OF MINNESOTA

 

 

SPECIAL SESSION - 2013

 

_____________________

 

FIRST DAY

 

Saint Paul, Minnesota, Monday, September 9, 2013

 

 

      In obedience to the Proclamation of the Honorable Mark Dayton, Governor of the State of Minnesota, summoning the two houses of the Legislature to meet in Special Session, the members of the House of Representatives assembled in the Chamber of the House of Representatives at the Capitol in Saint Paul on Monday, the ninth day of September 2013 at 10:00 a.m.

 

 

PROCLAMATION FOR SPECIAL SESSION 2013

 

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

 

      Whereas, From June 20, 2013 through June 26, 2013, severe storms and flooding occurred, causing historic damage to the Counties of Benton, Big Stone, Douglas, Faribault, Fillmore, Freeborn, Grant, Houston, McLeod, Hennepin, Morrison, Pope, Sibley, Stearns, Stevens, Swift, Traverse, Wilken; and

 

      Whereas, The Honorable Barack Obama, President of the United States of America, declared that a major disaster exists in the State of Minnesota, and granted federal aid for public infrastructure; and

 

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

 

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

 

      Whereas, The people of Minnesota are best served by a one-day special session with the limited agenda of passing a 2013 Disaster Relief Appropriations Bill; and

 

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

 

      Now, Therefore, I, Mark Dayton, Governor of Minnesota, do hereby summon you, members of the Legislature, to convene in Special Session on Monday, September 9, 2013, at 10:00 a.m. at the State Capitol in Saint Paul, Minnesota.

 

      In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this 6th day of September.

 

 

                                                Mark Ritchie                                                Mark Dayton

                                                Secretary of State                                                Governor


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      At the hour of 10:00 a.m. and pursuant to the Proclamation of the Governor and pursuant to Minnesota Statutes 2012, Section 3.073, the Honorable Paul Thissen, Speaker of the House, called the House of Representatives to order.

 

      Prayer was offered by the Reverend Kevin Schill, Grace United Methodist Church, Burnsville, 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

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dorholt

Drazkowski

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      Anderson, M.; Beard; Dill; Erhardt; Kieffer and Morgan were excused.

 

 

      Garofalo was excused until 1:00 p.m.

 

 

      Fritz was excused until 1:50 p.m.

 

 

      Pursuant to Minnesota Statutes 2012, Section 3.073, the Speaker declared the House of Representatives organized for the 2013 Special Session.

 

 

      Murphy, E., moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is now duly organized pursuant to law for this Special Session.  The motion prevailed.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:


Journal of the House - 1st Day - Monday, September 9, 2013 - Top of Page 5

Poppe; Carlson; Davids; McNamar; Falk; Savick; Hilstrom; Ward, J.E.; Freiberg; Barrett and Anderson, P., introduced:

 

H. F. No. 1, A bill for an act relating to disaster assistance; appropriating money to match federal disaster aid for the June 2013 severe storms and flooding; appropriating money for the April 2013 winter storms; reducing prior appropriations.

 

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

 

 

McNamar; Faust; Ward, J.E.; Sawatzky; Radinovich; Johnson, C.; Anzelc; Persell and Savick introduced:

 

H. F. No. 2, A bill for an act relating to sales and use tax; repealing the tax on labor for farm equipment repair services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Dettmer introduced:

 

H. F. No. 3, A bill for an act relating to the military; appropriating money for a grant to support activities related to the commissioning of the USS Minnesota.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Hansen, Metsa, Hausman, Atkins and Beard introduced:

 

H. F. No. 4, A bill for an act relating to natural disasters; creating a disaster response contingency account to partially match federal disaster assistance when the legislature is not in session; appropriating money; amending Minnesota Statutes 2012, section 12A.02, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 12A.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Kelly; Zellers; Hoppe; Sanders; Zerwas; Nornes; Anderson, S.; Fabian; Anderson, M.; Albright; McNamara; Uglem; Wills; Franson; Gruenhagen; Torkelson; Gunther; Abeler; Dettmer; Peppin; Anderson, P., and Mack introduced:

 

H. F. No. 5, A bill for an act relating to sales and use tax; repealing the tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Halverson, Atkins and Savick introduced:

 

H. F. No. 6, A bill for an act relating to sales and use tax; delaying and repealing the sales tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended; Laws 2013, chapter 143, article 8, section 2.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.


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Franson, Wills and Anderson, P., introduced:

 

H. F. No. 7, A bill for an act relating to tobacco taxation; rates of taxation; repealing changes to the cigarette and tobacco products excise tax enacted in the 2013 regular session.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Franson, Wills, Scott, Mack and O'Neill introduced:

 

H. F. No. 8, A bill for an act relating to collective bargaining; repealing the authorization for collective bargaining among family child care providers; repealing Laws 2013, chapter 128, article 1, sections 1; 2; 3; 4; 5; 6; 7.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Davnie introduced:

 

H. F. No. 9, A bill for an act relating to education; providing for safe and supportive schools by prohibiting bullying; authorizing rulemaking; amending Minnesota Statutes 2012, sections 120B.36, subdivision 1, as amended; 121A.55; 122A.60, subdivisions 1a, 3; 124D.10, subdivision 8, as amended; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Hamilton and Schomacker introduced:

 

H. F. No. 10, A bill for an act relating to taxation; sales and use; repealing the tax on repairing and maintaining commercial and industrial machinery and equipment; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Falk introduced:

 

H. F. No. 11, A bill for an act relating to taxation; sales and use; repealing the tax on labor for farm equipment repair services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Barrett introduced:

 

H. F. No. 12, A bill for an act relating to stadiums; requiring private stadium revenues to be paid into the state treasury; requiring stand-alone owner payment; amending elements of the stadium financing package; amending Minnesota Statutes 2012, section 473J.15, by adding subdivisions.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.


Journal of the House - 1st Day - Monday, September 9, 2013 - Top of Page 7

Holberg introduced:

 

H. F. No. 13, A bill for an act relating to stadiums; eliminating certain not public data classifications related to the Minnesota Sports Facilities Authority; amending Minnesota Statutes 2012, sections 473J.09, subdivision 4; 473J.11, subdivision 1; 473J.15, subdivisions 6, 9.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Zellers; Kelly; Hoppe; Zerwas; Nornes; Anderson, S.; Fabian; Albright; Myhra; Anderson, M.; McNamara; Benson, M.; Dettmer; Wills; Garofalo; Torkelson; Franson; O'Driscoll; Gunther; Mack; Abeler; Peppin; Anderson, P., and Woodard introduced:

 

H. F. No. 14, A bill for an act relating to taxation; sales and use; repealing the tax on certain business transactions; amending Minnesota Statutes 2012, sections 297A.61, subdivision 3, as amended; 297A.68, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Scott introduced:

 

H. F. No. 15, A bill for an act relating to taxation; sales and use; repealing the tax on certain business transactions; amending Minnesota Statutes 2012, sections 297A.61, subdivision 3, as amended; 297A.68, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Quam introduced:

 

H. F. No. 16, A bill for an act relating to taxation; sales and use; repealing the tax on repairing and maintaining commercial and industrial machinery and equipment; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Quam introduced:

 

H. F. No. 17, A bill for an act relating to sales and use tax; repealing the tax on repairing and maintaining electronic and precision equipment; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Quam introduced:

 

H. F. No. 18, A bill for an act relating to taxation; corporate franchise; modifying rules for foreign operating corporations and exclusion of foreign royalties; amending Minnesota Statutes 2012, sections 289A.08, subdivision 3, as amended; 290.01, subdivisions 19c, as amended, 19d, as amended, by adding a subdivision; 290.0921, subdivision 3, as amended, by adding a subdivision; 290.095, subdivision 2, as amended; 290.10, subdivision 1, as amended; 290.17, subdivision 4, as amended; 290.191, subdivision 5, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.


Journal of the House - 1st Day - Monday, September 9, 2013 - Top of Page 8

Quam introduced:

 

H. F. No. 19, A bill for an act relating to sales and use tax; repealing the tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

O'Neill; Anderson, M.; Franson; Wills; Runbeck and Torkelson introduced:

 

H. F. No. 20, A bill for an act relating to taxation; sales and use; repealing the tax on storage and warehousing services; amending Minnesota Statutes 2012, section 297A.61, subdivision 3, as amended.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

      Murphy, E., moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

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

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 1, A bill for an act relating to disaster assistance; appropriating money to match federal disaster aid for the June 2013 severe storms and flooding; appropriating money for the April 2013 winter storms; reducing prior appropriations.

 

Reported the same back with the recommendation that the bill pass.

 

 

      The report was adopted.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

This is to notify you that the Senate is now duly organized for the 2013 Special Session pursuant to the Minnesota Constitution and Minnesota Statutes.

 

JoAnne M. Zoff, Secretary of the Senate


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Mr. Speaker:

 

This is to notify you that the Senate is about to adjourn the Special Session sine die.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:

 

S. F. No. 1.

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 1, A bill for an act relating to disaster assistance; appropriating money to match federal disaster aid for the June 2013 severe storms and flooding; appropriating money for the April 2013 winter storms; reducing prior appropriations.

 

The bill was read for the first time. 

 

DECLARATION OF URGENCY

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Murphy, E., moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that S. F. No. 1 be given its second and third readings and be placed upon its final passage.  The motion prevailed. 

 

S. F. No. 1 was read for the second time.

 

 

S. F. No. 1, A bill for an act relating to disaster assistance; appropriating money to match federal disaster aid for the June 2013 severe storms and flooding; appropriating money for the April 2013 winter storms; reducing prior appropriations.

 

 

      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 127 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dorholt

Drazkowski

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen


Journal of the House - 1st Day - Monday, September 9, 2013 - Top of Page 10

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Hausman


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Poppe moved that the names of Loeffler and Pelowski be added as authors on H. F. No. 1.  The motion prevailed.

 

      McNamar moved that the name of Lien be added as an author on H. F. No. 2.  The motion prevailed.

 

      Dettmer moved that the names of Leidiger; Myhra; Johnson, B.; Scott; Wills; Erickson, S.; Gruenhagen; Woodard; Pugh; Benson, M.; Franson and Drazkowski be added as authors on H. F. No. 3.  The motion prevailed.

 

      Hansen moved that the names of Gunther, Bly, Savick, Winkler, Radinovich, Fischer, Bernardy, Falk, Masin, Persell, Loeffler, Kahn and Gruenhagen be added as authors on H. F. No. 4.  The motion prevailed.

 

      Kelly moved that the names of Myhra, Rosenthal, Pugh, Loon and Leidiger be added as authors on H. F. No. 5.  The motion prevailed.

 

      Halverson moved that the names of Rosenthal, Dorholt and Sawatzky be added as authors on H. F. No. 6.  The motion prevailed.

 

      Franson moved that the names of Scott, Pugh and Drazkowski be added as authors on H. F. No. 7.  The motion prevailed.

 

      Franson moved that the names of Johnson, B.; Erickson, S.; Pugh; Drazkowski and Leidiger be added as authors on H. F. No. 8.  The motion prevailed.

 

      Hamilton moved that the names of Wills, Franson and Leidiger be added as authors on H. F. No. 10.  The motion prevailed.


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                Barrett moved that the names of Zellers; Erickson, S.; Pugh; O'Neill and Leidiger be added as authors on H. F. No. 12.  The motion prevailed.

 

      Holberg moved that the names of Hansen; Scott; Fabian; Loon; Myhra; Zellers; Erickson, S.; Pugh; Gruenhagen and Drazkowski be added as authors on H. F. No. 13.  The motion prevailed.

 

      Zellers moved that the names of Johnson, B.; Loon; Pugh; Gruenhagen and Barrett be added as authors on H. F. No. 14.  The motion prevailed.

 

      Scott moved that the names of Loon; Runbeck; Erickson, S., and Franson be added as authors on H. F. No. 15.  The motion prevailed.

 

      Quam moved that the names of Wills and Drazkowski be added as authors on H. F. No. 16.  The motion prevailed.

 

      O'Neill moved that the names of Loon, Barrett and Drazkowski be added as authors on H. F. No. 20.  The motion prevailed.

 

 

      Murphy, E., moved that the Chief Clerk be and he is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is about to adjourn this 2013 Special Session sine die.  The motion prevailed.

 

 

      Murphy, E., moved that the Chief Clerk be and is hereby authorized to correct and approve the Journal of the House, 2013 Special Session, for today, Monday, September 9, 2013, and that he be authorized to include in the Journal for today any subsequent proceedings.  The motion prevailed.

 

 

ADJOURNMENT OF THE 2013 SPECIAL SESSION SINE DIE

 

      Murphy, E., moved that the House adjourn sine die for the 2013 Special Session.  The motion prevailed and the Speaker declared the House stands adjourned sine die for the 2013 Special Session.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives



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