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Freedom and Liberty
"A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government."
Thomas Jefferson
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| Freedom and Liberty |
Freedom and Liberty
Recall Vets Preference Bill from Kahn Committee
Body: House | Journal Page: 8164 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Severson
Acting on: HF2809 Date: 03/04/2010
Result: Motion failed 65 - 64
It's the persuasion of power versus the power of persuasion. The DFL power block in the House withheld the three votes needed to pull this critical bill out of Phyllis Kahn's committee, where it is doomed to remain until sine die. There is no fiscal or policy reason to deny all veteran-owned small businesses the same bid preference as service-disabled vets and minority and women-owned small businesses. The state doesn't even come close to maxing out on the preference and the total number of vet-owned small businesses in Minnesota is dwarfed by the number of minority and women-owned small businesses. Vote green.
(Updated: 08/02/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Health Care Freedom Act Death by Deadline
Body: House | Journal Page: 8432 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Emmer, T.
Acting on: HF171 Date: 03/09/2010
Result: Motion failed 52 - 80
The Emmer motion would move HF 171, the Freedom of Choice in Health Care constitutional amendment, out of the cold dead grasp of Rep. Thissen's Health Care Policy Committee and into Rep. Carlson's Finance Committee. The motion at least moves the bill that much closer to the House Floor for a final vote. Rep. Thissen stated on the floor that he would not give the bill a hearing before the first committee deadline, thereby rendering the bill all but dead. The bill would put the following question before the voters in the 2010 general election: "Shall the Minnesota Constitution be amended to state that because all people should have the right to make decisions about their health care, no law shall be passed that restricts a person's freedom of choice of private health care systems or private health plans of any type? No law shall interfere with a person's or entity's right to pay directly for lawful medical services, nor shall any law impose a penalty or fine, of any type, for choosing to obtain or decline health care coverage or for participation in any particular health care system or health plan." Members should vote Yea now so their constituents can vote Yea in November.
(Updated: 08/02/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Homeland Security Trojan Horse
Body: House | Journal Page: 9083 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Seifert
Acting on: HF3427 Date: 03/18/2010
Result: Motion prevailed 104 - 27
Rep. Seifert moved to re-refer the bill back to the Civil Justice Committee. Prior to third reading (which ends the opportunity to amend a bill) HF 3427 had been heard in only one committee. It did not stop in Civil Justice to vet the civil penalties included in the bill. Section 19 grants new authority to mayors and county sheriffs to "order the evacuation of all or part of the population from an emergency or disaster area if the mayor or county sheriff believes the action necessary for the preservation of life." Currently, only a governor has this authority. As Rep. Holberg pointed out, "This is very serious business when you're kicking people off of their property." Indeed. Rep. Smith said, "This bill is a Trojan Horse. It's filled with terrible ideas from faceless federal bureaucrats." Among the long list of bad provisions sited by Smith, the bill replaces the politically incorrect term "terrorist incident" with "homeland security incident." Vote green on the Seifert motion to re-refer (notwithstanding the post-vote commentary by the bill's author).
(Updated: 04/18/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Not Germane: State Lawsuit to Stop ObamaCare Mandate
Body: House | Journal Page: 9197 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Seifert
Acting on: HF1671 Date: 03/22/2010
Result: Ruling Upheld 86 - 48
On the morning after passage in Washington of ObamaCare, Rep. Seifert offered an amendment (LINK) to direct Minnesota Attorney General Lori Swanson to file a lawsuit in federal district court. The amendment directed Swanson to challenge "the federal government's authority under the United States Constitution to regulate interstate commerce to force individuals to buy health insurance." Seifert incorporated language in his amendment to use the Legislature's carry forward money to pay any costs associated with the filing. The amendment would have added Minnesota to the list of states to challenge ObamaCare. As of March 22, ten state AG's said they planned to challenge the legislation. Rep. Carlson challenged the germaness of the amendment and the Speaker found the point of order well taken. Seifert challenged the ruling and asked for a roll call. There are plausible arguments in both directions on the germaness of the amendment, but since germaness rulings are mostly about politics, not parliamentary procedure, vote N0 against the Speaker's ruling and in favor the of the Seifert amendment.
(Updated: 07/01/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Annual 35E Practice Highway Speed Trap Amendment
Body: House | Journal Page: 9491 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Garofalo
Acting on: HF3263 Date: 03/23/2010
Result: Amendment Defeated 52 - 78
The Garofalo amendment addresses the speed trap issue on I-35E as it meanders through St. Paul between I-94 to West Seventh Street, the so-called "Practice Freeway." The amendment does not change the 45 m.p.h. speed limit, but it stops officers from writing tickets "unless the speed of a driver is in excess of 55 miles per hour." The long and complex history behind this issue is not quite as involved as Middle East politics, but almost. Vote Green.
(Updated: 05/13/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
The Glorious People's Internet!
Body: House | Journal Page: 9546 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Johnson, S.
Acting on: HF2907 Date: 03/24/2010
Result: Bill Passed 118 - 15
Comrade Sheldon Johnson's HF 2907 is a Soviet-style five year plan for Internet access for all kolkhozy in the Minnesota Socialist Union. This courageous declaration of a bill establishes bold State goals: "It is the goal of this state that, no later than 2015, all state residents and businesses have access to broadband that provides download speeds of no less than ten megabits per second and upload speeds of no less than five megabits per second.... It is the goal of this state that by 2015, and continuing thereafter: (1) the proportion of Minnesota residents and businesses having access to broadband ranks among the five states in the United States and the 15 nations globally that have the highest proportion of that measure; and (2) Minnesota ranks among the five states in the United States with the highest broadband speed that is universally accessible to state residents and businesses." Here's a better approachski: "It is the goal of this state government to keep the hell out of the way and let competition work its magic to provide the fastest and cheapest Internet access to Minnesota consumers. No provider of Internet access will receive a regulatory advantage nor will the state or local units of government provide any taxpayer subsidies for this purpose." Vote Red. Ski.
(Updated: 05/11/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
County Veteran Service Officers
Body: Senate | Journal Page: 7581 (Click to view vote.)
Scored? No |
Author: Erickson Ropes
Acting on: SF2372 Date: 03/11/2010
Result: Bill Passed 66 - 0
Based on recommendations made in a report by the Legislative Auditor and on input from a long list of veterans organizations, including the County Veterans Service Officers (CVSOs). The bill includes training requirements in an effort to obtain uniform levels of service for veterans in all Minnesota counties.
(Updated: 04/16/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Recall from Committee Resolution Opposing ObamaCare
Body: Senate | Journal Page: 8016 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Ortman, J.
Acting on: SF3276 Date: 03/18/2010
Result: Motion failed 22 - 45
The resolution to urge Minnesota's congressional delegation to vote No on H.R. 3590, the Patient Protection and Affordable Care Act (ObamaCare), really sums up the key constitutional and fiscal problems with the bill including, (from the resolution), an unconstitutional individual mandate, an unconstitutional capitation tax, and definitions of health coverage by the members of a panel who are not accountable to voters and who are free to promote their own agendas. Click here for a Heritage Foundation summary of the top ten problems with the bill. Sen. Ortman's motion would have withdrawn the resolution from the Committee on Health, Housing and Family Security, given it a second reading, and placed it on General Orders. Since the federal health care legislation was to be acted on in Congress in a few days, passage in the Minnesota Legislature of the Ortman resolution was urgent. This vote would have simply brought the issue before the Senate to be considered for passage.
(Updated: 04/18/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
AG Lori Swanson Directed to Pursue ObamaCare Lawsuit
Body: Senate | Journal Page: 8835 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Ortman, J.
Acting on: SF3223 Date: 03/22/2010
Result: Amendment Defeated 21 - 43
The Ortman amendment to the Senjem DE amendment would compel Attorney General Lori Swanson to "file a lawsuit in federal district court challenging the federal government's authority under the Unites States Constitution to regulate interstate commerce to force individuals to buy health insurance." The amendment would also require AG Swanson to "explore all legal challenges to federal healthcare reform legislation." The Ortman amendment actually survived a germaness ruling, but was voted down by the DFL. Vote Green.
(Updated: 07/01/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Gradual and Silent Encroachments
Body: Senate | Journal Page: 9008 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Vandeveer
Acting on: SF2415 Date: 03/25/2010
Result: Amendment Defeated 17 - 38
The Vandeveer amendment repeals the "primary offence" status that authorizes the cops to pull you over if they happen to notice that you are not wearing your seat belt. The primary offence language has been a bone of contention for years, and like many causes championed by legislative do-gooders whose sole purpose in life is to pass laws that make it impossible for anyone to get hurt, opposition finally wore down and the law was passed in 2009. Whether or not you believe in seat belts (BillsandVotes.com endorses seat belt use), you may still have concerns about giving the police yet another reason to pull you over and collect revenue from you in the form of a fine. And then there's that freedom thing. Sen. Vandeveer used a quote from James Madison to help make his case for repeal of primary offence: "I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations." Sen. Limmer pointed out the irony that the bill being amended by Sen. Vandeveer provides an exemption from the use of seat belts for children. Touché. Vote Green.
(Updated: 05/14/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Final Senate Vote, Juneteenth on Third Saturday in June
Body: Senate | Journal Page: 9248 (Click to view vote.)
Scored? No |
Author: Higgins
Acting on: SF2580 Date: 03/29/2010
Result: Bill Passed 65 - 0
SF 2580 changes the state recognition of Juneteenth from June 19th to the third Saturday in June. The bill also adds news language to better define the event: "The announcement came 2-1/2 years after President Abraham Lincoln's Emancipation Proclamation and two months after General Lee's surrender in April 1865. Juneteenth and emancipation celebrations have been commonplace in Minnesota since 1889 as a result of community-based grassroots efforts. Not scored.
(Updated: 06/29/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Judges Subject to Minnesota Gift Ban Law
Body: House | Journal Page: 9820 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Severson
Acting on: SF80 Date: 04/07/2010
Result: Amendment Adopted 127 - 0
The first portion of the Severson amendment would add judges to the list of public officials who are subject to the gift ban under MS 10A.071, Subd. 1. If for no other reason than to assuage public opinion, the gift ban should apply to any official who has the authority to impose law or, in the case of judges, administer and interpret laws. Under current law the gift ban applies to public officials, employees of the legislature, or a local official of a metropolitan governmental unit. Vote Green.
(Updated: 06/19/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
First House Vote, Data Practises Administrative Remedy
Body: House | Journal Page: 9896 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Pelowski
Acting on: HF2899 Date: 04/08/2010
Result: Bill Passed 130 - 0
HF 2899 provides an alternative remedy for data practices law violations. The new administrative remedy allows the Office of Administrative Hearings (OAH) to hear cases for which orders to compel government units to comply with data practice laws are requested. The process will result in faster and less costly resolutions of data practices violations. No new data classifications are added to MS Chapter 13, which governs the use of private and public data in Minnesota, according to Rep. Holberg, who is a coauthor. From House Research: "This bill establishes an administrative remedy for certain types of complaints related to the Data Practices Act. All violations for which a person is requesting an order to compel compliance (a court order forcing a party to follow the requirements of law) may be subject to this new remedy." Any effort to speed up the process of making government comply with open meeting laws and data practice requests is probably a very good thing. Vote Green. 
(Updated: 06/25/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Gun and Concealed Carry Permit Data Collection Prohibited
Body: House | Journal Page: 9899 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Holberg
Acting on: SF2866 Date: 04/08/2010
Result: Amendment Adopted 92 - 38
The Holberg amendment would prohibit the collection of data related to firearms as part of the Statewide Trauma Registry being created in SF 2866. The amendment prohibits trauma hospitals and the Department of Health "from collecting data on individuals regarding lawful firearm ownership in the state or data related to an individual's right to carry a weapon under section 624.714." MS 624.714 governs the carrying of weapons in Minnesota and includes the "must issue" provision. When government collects a new set of data about private citizens, its a good idea to place strict limits on what can and what cannot be included in the database. Contrary to opposition from Reps. Hortman and Loeffler, the Holberg amendment would not stop trauma centers from recording the cause of an injury if the individual suffered a gun shot. It would, however, stop the Dept. of Health from investigating the circumstances surrounding the use of a firearm. That is the job of law enforcement., not government busybodies. Vote Green. 
(Updated: 06/25/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Statewide Trauma Registry Too Vague
Body: House | Journal Page: 9900 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Loeffler
Acting on: SF2866 Date: 04/08/2010
Result: Bill Passed 101 - 30
SF 2866 creates a Statewide Trauma Registry composed of the following data (from S.F. No. 2866, 2nd Engrossment): demographic information of the injured person; information about the date, location, and cause of the injury; information about the condition of the injured person; information about the treatment, comorbidities, and diagnosis of the injured person; information about the outcome and disposition of the injured person; and other information required by the commissioner. That last one is kinda vague, huh? Participation is mandatory and the injured person has no say in the matter. From the bill: "A trauma hospital must participate in the statewide trauma registry. The consent of the injured person is not required."
Not all government data collection requirements are bad. House author Loeffler indicated that no new data is being collected, but the bill does allow the collection of "other information required by the commissioner." Unless this other information is specified in detail in Minnesota Rules such provisions are too vague to be included in law. (See also HF1 (1st Special Session), Art. 20, Sec. 1, 8-13, 24. Section 12 includes a somewhat modified version of the registry data requirements. The Holberg language regarding data on weapons does not appear to be included.)
(Updated: 08/02/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Final House Vote, Health Care Transaction Clearinghouse
Body: | Journal Page: 10064 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Thissen
Acting on: SF2852 Date: 04/12/2010
Result: Bill Passed 86 - 39
SF 2852 creates a health care clearinghouse for health care provider transactions and uniform electronic transactions. Sounds great, but generally speaking, there are ongoing concerns about the handling of electronic medical records. Also, legislators don't have a great deal of trust regarding initiatives of the Dept. of Health. Vote Red.
(Updated: 06/30/2010 | Copyright © BillsandVotes.com)
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Freedom and Liberty
Final House Vote, Juneteenth on Third Saturday in June
Body: House | Journal Page: 10065 (Click to view vote.)
Scored? No |
Author: Champion
Acting on: SF2580 Date: 04/12/2010
Result: Bill Passed 112 - 13
SF 2580 changes the state recognition of Juneteenth from June 19th to the third Saturday in June. The bill also adds news language to better define the event: "The announcement came 2-1/2 years after President Abraham Lincoln's Emancipation Proclamation and two months after General Lee's surrender in April 1865. Juneteenth and emancipation celebrations have been commonplace in Minnesota since 1889 as a result of community-based grassroots efforts. Not a word was uttered in opposition to the bill, but the 13 no voters may have objected to moving Juneteenth to the third Saturday in June or possibly to passing a bill that didn't further the effort to balance the state budget. Maybe they were objecting to the new mandate which requires the governor "to issue a proclamation honoring this observance and recognizing the important contributions African-Americans have made to Minnesota's communities, culture, and economy." We're not pointing any fingers, but when legislators vote No they might want to add a few words to the public record. Just a suggestion. Not scored.
(Updated: 06/29/2010 | Copyright © BillsandVotes.com)
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