STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
THIRTY-SEVENTH DAY
Saint Paul, Minnesota, Thursday, April 7, 2005
The House of Representatives convened at 3:00 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Father Thomas Kummers, Catholic Church of
St. Joseph, Red Wing, 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
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailor
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Dempsey, Huntley and Thissen were excused.
Soderstrom was excused until 3:35 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Juhnke moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 370 and H. F. No. 936,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Johnson, J., moved that the rules be so far suspended that
S. F. No. 370 be substituted for H. F. No. 936
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Hackbarth from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 460, A bill for an act relating to natural resources;
modifying off-highway vehicle provisions; providing certain rulemaking
exemptions; modifying forest classification review; amending Minnesota Statutes
2004, sections 84.798, subdivision 1; 84.9256, subdivision 1; 84.926; 89.19,
subdivision 2; Laws 2003, chapter 128, article 1, section 167, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 84.033, is amended by adding a
subdivision to read:
Subd. 3. [COUNTY
APPROVAL.] The commissioner must follow the procedures under section
97A.145, subdivision 2, for scientific and natural areas acquired under this
section.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2004, section 84.798, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS.] Unless exempted under subdivision 2, after January 1, 1995, a
person may not operate and an owner may not give permission for another to
operate a vehicle off-road, nor may a person have an off-road vehicle not
registered under chapter 168 in possession at an off-road vehicle staging area,
or designated trail on lands administered by the commissioner, on trails
oder area areas designated for off-road vehicle use, or on off-road
vehicle grant-in-aid trails and areas funded under section 84.803, unless
the vehicle has been registered under this section.
Sec. 3. Minnesota
Statutes 2004, section 84.926, is amended to read:
84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
COMMISSIONER; EXCEPTIONS.]
Subdivision 1.
[EXCEPTION BY PERMIT.] Notwithstanding section sections
84.773, subdivision 1, and 84.777, on a case by case basis, the
commissioner may issue a permit authorizing a person to operate an off-highway
vehicle on individual public trails under the commissioner's jurisdiction
during specified times and for specified purposes.
Subd. 2. [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED
FORESTS; OFF TRAIL.] Notwithstanding section 84.777, on state forest lands
classified as managed or limited, other than the Richard J. Dorer Memorial
Hardwood Forest, a person may use an all-terrain vehicle off forest trails or
forest roads when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game hunting license;
(2) retrieving big game in September, when in possession of
a valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Subd. 3.
[ALL-TERRAIN VEHICLES; CLOSED FORESTS; HUNTING.] Notwithstanding
section 84.777, the commissioner may determine whether all-terrain vehicles are
allowed on specific forest roads, on state forest lands classified as closed,
for the purpose of hunting big game during an open big game season. The determination shall be by written order
as published in the State Register and is exempt from chapter 14. Section 14.386 does not apply.
Subd. 4.
[OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR MANAGED FORESTS; TRAILS.]
Notwithstanding section 84.777, on state forest lands classified as limited
or managed, other than the Richard J. Dorer Memorial Hardwood Forest, a person
may use vehicles registered under chapter 168 or section 84.798 or 84.922 on
forest trails that are not designated for a specific use when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game hunting license;
(2) retrieving big game in September, when in possession of
a valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Sec. 4. Minnesota
Statutes 2004, section 97A.093, is amended to read:
97A.093 [HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND
NATURAL AREAS.]
Except as otherwise provided by law, scientific and natural
areas are closed to hunting, trapping, and fishing unless:
(1) for scientific and natural areas designated before May
15, 1992, the designating document allows hunting, trapping, or fishing; or
(2) for other scientific and natural areas, the
commissioner allows hunting, trapping, or fishing in accordance with the
procedure in section 86A.05, subdivision 5, paragraph (d).
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2004, section 97A.465, is amended by adding a subdivision to read:
Subd. 5.
[PREFERENCE TO SERVICE MEMBERS.] (a) For purposes of this subdivision:
(1) "qualified service member or veteran" means a
Minnesota resident who is currently serving, or has served at any time during
the past 24 months, in active service as a member of the United States armed
forces, including the National Guard or other military reserves; and
(2) "active service" means service defined under
section 190.05, subdivision 5b or 5c.
(b) Notwithstanding any other provision of this chapter,
chapter 97B or 97C, or administrative rules, the commissioner may give first preference
to qualified service members or veterans in any drawing or lottery involving
the selection of applicants for hunting or fishing licenses and permits. This subdivision does not apply to licenses
or permits for taking moose, elk, or prairie chickens. Actions of the commissioner under this
subdivision are not rules under the Administrative Procedures Act and section
14.386 does not apply.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2004, section 103G.271, subdivision 5, is amended to read:
Subd. 5. [PROHIBITION
ON ONCE-THROUGH WATER USE PERMITS.] (a) The commissioner may not, after
December 31, 1990, issue a water use permit to increase the volume of
appropriation from a groundwater source for a once-through cooling system using
in excess of 5,000,000 gallons annually.
(b) Once-through system water use permits using in excess of
5,000,000 gallons annually, must be terminated by the commissioner by the end
of their design life but not later than December 31, 2010, unless the discharge
is into a public water basin within a nature preserve approved by the
commissioner and established prior to January 1, 2001. Existing once-through systems must not be
expanded and are required to convert to water efficient alternatives within the
design life of existing equipment.
(c) Notwithstanding paragraphs (a) and (b), the
commissioner, with the approval of the commissioners of health and the
Pollution Control Agency, may issue once-through system water use permits on an
annual basis for aquifer storage and recovery systems that return all
once-through system water to the source aquifer. Water use permit processing fees in subdivision 6, paragraph (a),
apply to all water withdrawals under this paragraph, including any reuse of
water returned to the source aquifer.
Sec. 7. Minnesota
Statutes 2004, section 115A.072, subdivision 1, is amended to read:
Subdivision 1.
[ENVIRONMENTAL EDUCATION ADVISORY BOARD.] (a) The director shall provide
for the development and implementation of environmental education programs that
are designed to meet the goals listed in section 115A.073.
(b) The Environmental Education Advisory Board shall advise the
director in carrying out the director's responsibilities under this
section. The board consists of 20
members as follows:
(1) a representative of the Pollution Control Agency, appointed
by the commissioner of the agency;
(2) a representative of the Department of Education, appointed
by the commissioner of education;
(3) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;
(4) a representative of the Department of Health, appointed
by the commissioner of health;
(5) a representative of the Department of Natural Resources,
appointed by the commissioner of natural resources;
(6) a representative of the Board of Water and Soil Resources,
appointed by that board;
(7) a representative of the Environmental Quality Board,
appointed by that board;
(8) a representative of the Board of Teaching, appointed by
that board;
(9) a representative of the University of Minnesota Extension
Service, appointed by the director of the service;
(10) a citizen member from each congressional district, of
which two must be licensed teachers currently teaching in the K-12 system,
appointed by the director; and
(11) three at-large citizen members, appointed by the director.
The citizen members shall
serve two-year terms. Compensation of
board members is governed by section 15.059, subdivision 6. The board expires on June 30, 2003 2008.
Sec. 8. Minnesota
Statutes 2004, section 115A.12, is amended to read:
115A.12 [ADVISORY COUNCILS.]
(a) The director shall establish a Solid Waste Management
Advisory Council and a Prevention, Reduction, and Recycling an
Environmental Innovations Advisory Council that are is
broadly representative of the geographic areas and interests of the state.
(b) The solid waste council shall have not less than nine
nor more than 21 members. The
membership of the solid waste council shall consist of one-third citizen
representatives, one-third representatives from local government units, and
one-third representatives from private solid waste management firms. The solid waste council shall contain at
least three members experienced in the private recycling industry and at least
one member experienced in each of the following areas: state and municipal
finance; solid waste collection, processing, and disposal; and solid waste reduction
and resource recovery.
(c) (b) The Prevention, Reduction, and
Recycling Environmental Innovations Advisory Council shall have not
less than nine nor oder more than 24 members. The membership shall consist of one-third
citizen representatives, one-third representatives of government,
institutional, and one-third representatives of Geschäft and
industry representatives. The
director may appoint nonvoting members from other environmental and business
assistance providers in the state.
government, citizens,
institutions, and business to develop and implement these programs.(d) (c) The chairs chair of the
advisory councils council shall be appointed by the
director. The director shall provide
administrative and staff services for the advisory councils council. The advisory councils council
shall have such duties as are assigned by law or the director. The Solid Waste Advisory Council shall
make recommendations to the office on its solid waste management
activities. The Prevention, Reduction,
and Recycling Environmental Innovations Advisory Council shall make
recommendations to the office on policy, programs, and legislation in pollution
prevention, waste reduction, reuse and, recycling, and
resource conservation, and the management of hazardous waste. The Environmental Innovations Advisory
Council shall focus on developing and implementing innovative programs that
improve Minnesota's environment by emphasizing front-end preventative, and
resource conservation approaches to preventing waste and pollution. The council shall emphasize partnerships of councils council
shall serve without compensation but shall be reimbursed for their reasonable
expenses as determined by the director.
Notwithstanding section 15.059, subdivision 5, the Solid Waste
Management Advisory Council and the Prevention, Reduction, and Recycling Environmental
Innovations Advisory Council expire expires June 30, 2003
2009.
Sec. 9. Minnesota
Statutes 2004, section 115A.929, is amended to read:
115A.929 [FEES; ACCOUNTING.]
Each political subdivision that provides for solid waste
management shall account for all revenue collected from waste management fees,
together with interest earned on revenue from the fees, separately from other
revenue collected by the political subdivision and shall report revenue
collected from the fees and use of the revenue separately from other revenue
and use of revenue in any required financial report or audit. Each political subdivision must file with
the director, on or before June 30 annually, the separate report of all revenue
collected from waste management fees, together with interest on revenue from
the fees, for the previous year.
For the purposes of this section, "waste management fees"
means:
(1) all fees, charges, and surcharges collected under sections
115A.919, 115A.921, and 115A.923;
(2) all tipping fees collected at waste management facilities
owned or operated by the political subdivision;
(3) all charges imposed by the political subdivision for waste
collection and management services; and
(4) any other fees, charges, or surcharges imposed on waste or
for the purpose of waste management, whether collected directly from generators
or indirectly through property taxes or as part of utility or other charges for
services provided by the political subdivision.
Sec. 10. Minnesota
Statutes 2004, section 609.66, subdivision 1h, is amended to read:
Subd. 1h. [SILENCERS;
AUTHORIZED FOR LAW ENFORCEMENT AND NATURAL RESOURCE WILDLIFE CONTROL
PURPOSES.] Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed
peace officers may use devices designed to silence or muffle the discharge of a
firearm for wildlife control operations under subdivision 2 or for
tactical emergency response operations.
Tactical emergency response operations include execution of high risk
search and arrest warrants, incidents of terrorism, hostage rescue, and any
other tactical deployments involving high risk circumstances. The chief law enforcement officer of a law enforcement
agency that has the need to use silencing devices must establish and enforce a
written policy governing the use of the devices.
Sec. 11. Minnesota
Statutes 2004, section 609.66, subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] Nothing
in this section prohibits:
(1) the possession of the articles mentioned by museums
or collectors of art or for other lawful purposes of public exhibition; and
(2) the possession, use, and transportation of a silencer by
a federal, state, local, or tribal government agency for the purpose of
wildlife control. The chief enforcement
officer of each government agency that has a need to use silencing devices must
establish and enforce a written policy governing the use of the devices.
Sec. 12. Laws 2003,
chapter 128, article 1, section 167, subdivision 1, is amended to read:
Subdivision 1. [FOREST
CLASSIFICATION STATUS REVIEW.] (a) By December 31, 2006, the commissioner of
natural resources shall complete a review of the forest classification status
of all state forests classified as managed, all forest lands under the
authority of the commissioner as defined in Minnesota Statutes, section 89.001,
subdivision 13, and lands managed by the commissioner under Minnesota Statutes,
section 282.011. The review must be
conducted on a forest-by-forest and area-by-area basis in accordance with the
process and criteria under Minnesota Rules, part 6100.1950. After each forest is reviewed, the
commissioner must change its status to limited or closed, and must provide a
similar status for each of the other areas subject to review under this section
after each individual review is completed.
(b) If the commissioner determines on January 1, 2005, that the
review required under this section cannot be completed by December 31, 2006,
the completion date for the review shall be extended to December 31, 2008. By January 15, 2005, the commissioner shall
report to the chairs of the legislative committees with jurisdiction over
natural resources policy and finance regarding the status of the process
required by this section.
(c) Until December 31, 2010, the state forests and areas
subject to review under this section are exempt from Minnesota Statutes,
section 84.777, unless an individual forest or area has been classified as
limited or closed.
(d) This subdivision does not apply to forest lands north of
U.S. Highway 2. All forest lands under
the authority of the commissioner as defined in Minnesota Statutes, section
89.001, subdivision 13, and lands managed by the commissioner under Minnesota
Statutes, section 282.011, that are north of U.S. Highway 2 shall be classified
as managed for the purpose of off-highway vehicle use.
Sec. 13. Laws 2004,
chapter 220, section 1, is amended to read:
Section 1. [ENVIRONMENTAL
REVIEW; IRON NUGGET PRODUCTION SCALE DEMONSTRATION FACILITY EXEMPTION.]
(a) The first iron nugget production scale demonstration
facility that meets all of the criteria in this section shall be exempt from
environmental review under Minnesota Statutes, chapter 116D and Minnesota
Rules, chapter 4410. The qualifying
project must:
(1) be the first iron nugget production scale demonstration
facility in Minnesota;
(2) involve a single rotary hearth furnace of maximum outside
pitch circle diameter, as measured from the midpoint of hearth to the
midpoint of hearth, of 60 meters;
(3) be located outside the area adjacent to the north shore of
Lake Superior classified as the lake orientation zone in the Department of
Natural Resources report entitled "North Shore Characterization
Study"; and
(4) have complete permit applications submitted to the
appropriate state agencies in calendar year 2004 by June 30,
2005, for all permits required to construct and operate the facility.
(b) The Department of Natural Resources, the Environmental
Quality Board, the Pollution Control Agency, and any other state agency with
applicable permit-granting authority shall provide public notice for any
necessary permits for the iron nugget production scale demonstration facility
within four months of receiving complete applications.
(c) If the first iron nugget production scale demonstration
facility to qualify for this exemption is proposed at a stationary source that
has permitted taconite pellet furnaces, permanent shutdown of those pellet
furnaces, prior to start-up of the iron nugget production scale demonstration
facility, shall be a requirement in the iron nugget production scale demonstration
facility air quality permit. The
shutdown of these furnaces shall not be creditable in calculating the "net
emissions increase," as defined in Code of Federal Regulations, title 40,
section 52.21, for this project.
(d) The Pollution Control Agency shall strive in the permitting
process to assure the lowest mercury emissions reasonably possible.
(e) Permit applications must comply with applicable law, except
that an iron nugget production scale demonstration facility that meets the
criteria in this section is exempt from environmental review under Minnesota Statutes,
chapter 116D and Minnesota Rules, chapter 4410, and the company is not required
to perform an environmental review before permits are issued for the iron
nugget production scale demonstration facility.
(f) The construction and operation of the iron nugget
production scale demonstration facility will demonstrate whether the technology
is technically and economically feasible at this larger scale. Environmental data from the operation of the
iron nugget production scale demonstration facility may be used in the
environmental review and permitting of commercial scale facilities built
elsewhere in Minnesota.
(g) The exemption does not affect any existing permit
requirement that may require environmental review for a commercial scale iron
nugget facility at an existing taconite facility located within the area
adjacent to the north shore of Lake Superior classified as the lake orientation
zone in the Department of Natural Resources report entitled "North Shore
Characterization Study."
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 14. [CONSUMPTIVE
USE OF GROUNDWATER.]
Pursuant to Minnesota Statutes, section 103G.265,
subdivision 3, the legislature approves the consumptive use of groundwater
under a permit of more than 2,000,000 gallons per day average in a 30-day
period in the St. Paul Regional Water Services service area in connection with
a municipal water supply system operated by the St. Paul Board of Water
Commissioners, subject to a determination by the commissioner of natural
resources that the water remaining in the basin of origin will be adequate to
meet the basin's need for water and subject to subsequent approval by the
commissioner.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 15. [REPEALER.]
Minnesota Statutes 2004, section 84.033, subdivision 2, is
repealed.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to natural resources;
modifying acquisition, designation, and use provisions for scientific and
natural areas; modifying off-highway vehicle provisions; authorizing the
commissioner to give preference in certain hunting and fishing license and permit
lotteries to military service members and veterans; modifying water use permit
provisions; modifying environmental advisory boards; modifying reporting
requirements for certain waste management revenue; authorizing the use of
silencers for certain wildlife control; modifying requirements for forest
classification status review; modifying requirements for exempt iron nugget
production scale demonstration facility; providing for the consumptive use of
groundwater; amending Minnesota Statutes
2004, sections 84.033, by adding a subdivision; 84.798, subdivision 1; 84.926;
97A.093; 97A.465, by adding a subdivision; 103G.271, subdivision 5; 115A.072,
subdivision 1; 115A.12; 115A.929; 609.66, subdivisions 1h, 2; Laws 2003,
chapter 128, article 1, section 167, subdivision 1; Laws 2004, chapter 220,
section 1; repealing Minnesota Statutes 2004, section 84.033, subdivision
2."
With the recommendation that when so amended the bill pass.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 806, A bill for an act relating to education;
providing for immunity from liability for school district and district employee
notification of students with a history of violent behavior; amending Minnesota
Statutes 2004, sections 121A.64; 121A.75, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 815, A bill for an act relating to local government;
requiring a city council to vote on charter commission recommendations for
charter amendments by ordinance; amending Minnesota Statutes 2004, section
410.12, subdivision 7.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 827, A bill for an act relating to education;
providing for a state coordinator for school world languages programs;
providing for grants to model extended world languages programs; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 127A.
Reported the same back with the following amendments:
Page 1, line 13, delete "the Quality Teaching Network"
and insert "within the department"
Page 3, line 2, before "with" insert ": (1)"
Page 3, line 5, before the period insert "; and (2)
based on professionally recognized proficiency guidelines that incorporate the
current best practices for world language programs"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Buesgens from the Committee on
Education Policy and Reform to which was referred:
H. F. No. 832, A bill for an act relating to education;
providing for a school site governance program; proposing coding for new law in
Minnesota Statutes, chapter 123B.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[123B.042] [SCHOOL SITE GOVERNANCE PROGRAM.]
Subdivision 1.
[ESTABLISHMENT.] A school site governance program is established to
provide schools with more authority and flexibility to teach and provide
services to students at the school site.
Subd. 2. [SITE
DECISION-MAKING TEAM.] (a) To participate in the program, a school must form
a site decision-making team that includes a school principal or other persons
having general control and supervision of the school, at least one teacher in
the school, one noninstructional staff person in the school, and at least one
parent of a student enrolled in the school or other community member. By October 1 of the school year before participating
in the program, the school site decision-making team must:
(1) be approved by a 60 percent vote of employees in the
school;
(2) adopt a policy describing how it will delegate authority
and responsibilities among its members; and
(3) notify the school board of its intent to participate in
the program.
(b) After notifying the school board under paragraph (a),
clause (3), the school site decision-making team shall publish a notice in a
newspaper of general circulation in the district of its intent to participate
in the program and the date it will hold a public hearing about its intended
participation. In addition to holding
the public hearing, the decision-making team, for a period of 30 days, must
also solicit parent and community input regarding its intended participation.
(c) By January 15, the decision-making team shall
demonstrate to the school board how the team's plan responds to public comment.
Subd. 3.
[RESPONSIBILITIES; REVENUE.] (a) A school site decision-making team
participating in this program:
(1) has the control and responsibilities of the school
board, including such responsibilities as instructional practices, personnel
selection from within the district, and staffing assignments for the school;
and
(2) retains control of the revenue and determines its use as
necessary to operate the school for the school years it participates in the
program under this section.
(b) By January 15 of the school year before participating in
the program, the school site decision-making team must enter into a written
agreement with the local school board describing the control and
responsibilities of the decision-making team and of the school board. Revenue for a fiscal year received or receivable
by the district and that the district would expend for the particular school
site participating in the program is allocated to that school site. All other district revenue not reserved for
other purposes must be proportionately allocated to the site based on the
site's pupil count. The agreement must
include provisions describing how the decision-making team and school board
will resolve disputes over assigned authority and responsibilities. The school board members must vote whether
to authorize the agreement under this paragraph according to section 123B.09,
subdivision 6. The decision of the
school board is final. If the school
board does not authorize the agreement, the school board must publish its decision
and reasons in a newspaper of general circulation in the district.
(c) The district must maintain an account for each school
site participating in the program.
(d) The school site decision-making team must comply with
section 13D.04, subdivision 1.
Subd. 4.
[EMPLOYEES.] The employees of the school site remain employees of the
school district for salary, benefits, seniority, retirement, and other
personnel issues, consistent with current law and the collective bargaining
agreement in effect, the school site decision-making team selects employees
from within the district into licensed and nonlicensed positions at the school
site, including the position of principal or other person having general
control and supervision of the school.
When negotiating a new contract under chapter 179A, an exclusive
representative and school board must provide for the employees of a school site
participating in the program under this section.
Subd. 5.
[PERFORMANCE AGREEMENTS.] By March 15 of the school year before
participating in the program, the school site decision-making team shall enter
into a performance agreement with the school board. The agreement shall include:
(1) the previous year's baseline information at the site
regarding student achievement based on:
(i) aggregated and disaggregated statewide testing data;
(ii) other nationally normed standardized tests;
(iii) student attendance; and
(iv) dropout rates and graduation rates, where applicable;
(2) the expected levels of improvement in selected areas of
student performance during the next year;
(3) how student performance will be measured, including
assessment procedures required by law and rule;
(4) status of the school's revenues and expenditures;
(5) other performance expectations and measures agreed upon
by the school site and school board;
(6) the frequency of reporting by the school site to the
school board; and
(7) how the performance results will be made available to
parents and the public.
The term of an agreement shall be for no more than two
years.
The performance agreement must include provisions describing
how the school board and school site decision-making team will resolve disputes
over the school's compliance with provisions of the agreement.
If the school site decision-making team and school board
cannot agree on the provisions of a performance agreement as required under
this subdivision, either party may request assistance from the commissioner of
education. The commissioner shall
provide assistance to the parties to ensure they reach an agreement.
Subd. 6. [TERMINATION OF SITE-BASED PROGRAM
AUTHORITY.] If a school site fails to meet the agreed upon expectations as
specified in the performance agreement with the school board for two
consecutive school years, its authority to participate in the program is
terminated.
School sites that have had their authority to participate in
this program terminated under this subdivision may not participate in this
program for three years after termination.
Subd. 7.
[REPORTS.] A school site decision-making team shall, and its
respective school board may, make an annual report to the commissioner of
education by September 1. The reports
shall be consistent with the requirements of section 120B.11, subdivision 5,
paragraph (a).
Subd. 8.
[COMMISSIONER'S DUTY.] The commissioner of education shall evaluate
the effectiveness of the program by January 1, 2010.
Sec. 2. [SCHOOL SITE
GOVERNANCE PROGRAM GRANTS; APPROPRIATION.]
The sums indicated in this section are appropriated from the
general fund for the fiscal years designated to the commissioner of education
for grants to schools that have entered into an agreement with their school
boards for participation in the school site governance program under Minnesota
Statutes, section 123B.042:
$.,...,... . . .
. . 2006
$.,...,... . . .
. . 2007
These appropriations must be used for the planning and
implementation of school site governance.
The commissioner shall establish the form and manner of school site
application for a grant."
Delete the title and insert:
"A bill for an act relating to education; providing for a
school site governance program; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 123B."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 867, A bill for an act relating to education;
enacting the American Heritage Education in Minnesota Public Schools Act;
proposing coding for new law in Minnesota Statutes, chapter 120B.
Reported the same back with the following amendments:
Page 1, line 7, delete "develop and establish a policy"
Page 1, line 8, delete "for" and insert "permit"
and delete "assure that all" and insert "ensure"
and delete "are"
Page 1, line 9, delete "encouraged, and" and
delete the second comma
Page 1, line 10, delete "are pertinent to"
and insert "provide an" and after "understanding"
insert "of"
Page 1, line 16, after "to" insert "appropriately"
Page 1, line 18, after "the" insert "original
source"
Page 2, line 9, delete "limit" and insert
"censor"
Page 2, line 11, after "in" insert "original
source"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 1016, A bill for an act relating to education;
allowing a school district to apply general provisions of the Pupil Fair
Dismissal Act to a child whose parent refuses to consent to an initial
evaluation; amending Minnesota Statutes 2004, section 125A.091, subdivision 5.
Reported the same back with the following amendments:
Page 1, line 18, after the second "child"
insert "in any subsequent disciplinary action"
Page 1, line 20, after the period, insert "A parent's
refusal to consent to an initial evaluation or reevaluation under this paragraph
is not a ground for disciplinary action under sections 121A.40 to 121A.56."
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Transportation Finance to which
was referred:
H. F. No. 1189, A bill for an act relating to traffic
regulations; removing an expiration date on an exception to seasonal weight
limits for certain recycling and garbage trucks; amending Minnesota Statutes
2004, section 169.87, subdivision 6.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform
to which was referred:
H. F. No. 1229, A bill for an act relating to education;
providing for an election to determine whether to detach land from an existing
school district for a new independent school district; proposing coding for new
law in Minnesota Statutes, chapter 123A.
Reported the same back with the following amendments:
Page 1, line 16, after "whether" insert ",
as of the date when a new board can be elected and qualified under subdivision
2,"
Page 2, delete lines 1 to 16 and insert:
"Subd. 2.
[SCHOOL BOARD ELECTIONS.] (a) The county auditor of the county that
contains the greatest land area for the newly constituted school district and
the county auditor of the county that contains the greatest land area for the
newly reconstituted school district must determine a date, not less than 30 nor
more than 60 days after the voters approve the detachment ballot question under
subdivision 1, to hold a special election in the district for the purpose of
electing a board of six members for terms of four years and until successors
are elected and qualified under the applicable provisions in chapter 205A. The provisions of section 123A.48,
subdivision 20, paragraphs (a) to (e), governing school board elections in
consolidating districts shall apply to the newly constituted and newly
reconstituted districts under this section.
(b) Notwithstanding any law to the contrary, the terms of
the board members of the school district from which land is being detached
continue until the first school board members are elected and qualified under
this subdivision.
(c) Notwithstanding any law to the contrary, an individual
may serve on the school board of the school district from which land is being
detached and subsequently, if a resident of the district, on a school board
elected and qualified under this subdivision."
Page 2, line 22, delete "each of the two" and
insert "a"
Page 2, line 23, delete "districts" and insert
"district"
Page 2, line 25, after "board" insert "or
the voters" and delete "the newly classified" and
insert "that"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1230, A bill for an act relating to consumer
protection; regulating wireless telephone directories; protecting consumer
privacy; proposing coding for new law in Minnesota Statutes, chapter 325F.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[325E.317] [DEFINITIONS.]
Subdivision 1.
[SCOPE.] For the purposes of sections 325E.317 and 325E.318, the
terms defined in this section have the meanings given them.
Subd. 2.
[PROVIDER.] "Provider" means a provider of wireless
telecommunications services.
Subd. 3.
[TELECOMMUNICATIONS SERVICES.] "Telecommunications
services" has the meaning given in section 297A.61, subdivision 24,
paragraph (a).
Subd. 4.
[WIRELESS DIRECTORY ASSISTANCE SERVICE.] "Wireless directory assistance
service" means any service for connecting calling parties to a wireless
telecommunications services customer when the calling parties themselves do not
possess the customer's wireless telephone number information.
Subd. 5.
[WIRELESS TELECOMMUNICATIONS SERVICES.] "Wireless
telecommunications services" has the meaning given in section 325F.695.
Subd. 6.
[WIRELESS TELEPHONE DIRECTORY.] "Wireless telephone
directory" means a directory or database containing wireless telephone
number information or any other identifying information by which a calling
party may reach a wireless telecommunications services customer.
Subd. 7.
[WIRELESS TELEPHONE NUMBER INFORMATION.] "Wireless telephone
number information" means the telephone number, electronic address, and
any other identifying information by which a calling party may reach a wireless
telecommunications services customer, which is assigned by a provider to the
customer and includes the customer's name and address.
Sec. 2. [325E.318]
[WIRELESS DIRECTORIES.]
Subdivision 1.
[NOTICE.] No provider of wireless telecommunications service, or any
direct or indirect affiliate or agent of a provider, may include the wireless
telephone number information of a customer in a wireless telephone directory
assistance service database or publish, sell, or otherwise disseminate the
contents of a wireless telephone directory assistance service database unless
the provider provides a conspicuous notice to the subscriber informing the
subscriber that the subscriber will not be listed in a wireless directory
assistance service database without the subscriber's prior express
authorization.
Subd. 2.
[AUTHORIZATION.] (a) A provider, or any direct or indirect affiliate
or agent of a provider, may not disclose, provide, or sell a customer's
wireless telephone number information, or any part thereof, for inclusion in a
wireless telephone directory of any form, and may not sell a wireless telephone
directory containing a customer's wireless telephone number information without
first receiving prior express authorization from the customer. The customer's authorization must meet the
following requirements:
(1) consent shall be affirmatively obtained separately from
the execution of the service contract via verifiable means; and
(2) consent shall be unambiguous and conspicuously disclose
that the subscriber is consenting to have the customer's dialing number sold or
licensed as part of a publicly available directory assistance database.
(b) A record of the authorization shall be maintained for
the duration of the service contract or any extension of the contract.
(c) A subscriber who provides express consent pursuant
to paragraph (a) may revoke that consent at any time. A provider must comply with the customer's request to be removed
from the directory and remove such listing from directory assistance within 60
days.
Subd. 3. [NO FEE
TO RETAIN PRIVACY.] A customer shall not be charged for opting not to be
listed in a wireless telephone directory.
Subd. 4.
[REMEDIES.] Every knowing violation of this section is punishable by
a fine of up to $500 for each violation with a maximum aggregated amount of
$10,000 for a provider, of which $100 per violation shall be paid to each
victim of the violation. The attorney
general may bring actions to enforce compliance with this section. For the first violation by any company or
organization of this section, the attorney general shall notify the company
with a letter of warning that the section has been violated. No telephone corporation, nor any official
or employee of a telephone corporation, shall be subject to criminal or civil
liability for the release of customer information as authorized by this
section.
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective the day following final
enactment."
Amend the title as follows:
Page 1, line 5, delete "325F" and insert
"325E"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Regulated Industries.
The report was adopted.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 1265, A bill for an act relating to human services;
clarifying payment from the county of responsibility for temporary confinement
under the Civil Commitment Act; amending Minnesota Statutes 2004, section
253B.045, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 15, before the period, insert ", except
that the facility shall bill the responsible health plan first"
With the recommendation that when so amended the bill pass.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform
to which was referred:
H. F. No. 1312, A bill for an act relating to education;
authorizing locally developed school district programs for gifted and talented
students; making permanent funding for gifted and talented programs a component
of general education revenue; amending Minnesota Statutes 2004, section
126C.10, subdivision 1, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 120B.
Reported the same back with the following amendments:
Page 1, line 15, delete "appropriate" and
insert "challenging"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1318, A bill for an act relating to commerce;
regulating false and deceptive commercial electronic mail messages; prescribing
criminal penalties; providing remedies; proposing coding for new law in
Minnesota Statutes, chapter 325F.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Public Safety Policy and Finance.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 1338, A bill for an act relating to commerce;
regulating tobacco products delivery sales; providing enforcement; amending
Minnesota Statutes 2004, sections 297F.01, by adding a subdivision; 297F.09, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapters 297F; 325F.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Jobs and Economic Opportunity
Policy and Finance.
The report was adopted.
Westrom from the Committee on Regulated Industries to which was
referred:
H. F. No. 1344, A bill for an act relating to utilities;
requiring establishment and adoption of community-based energy development
tariffs; modifying provisions relating to renewable energy resources and
objectives; making clarifying changes; amending Minnesota Statutes 2004,
sections 216B.1645, subdivision 1, by adding a subdivision; 216B.2425, subdivision 7; 216B.243, subdivision 8;
proposing coding for new law in Minnesota Statutes, chapter 216B.
Reported the same back with the following amendments:
Delete everything after the enacting
clause and insert:
"ARTICLE
1
TRANSMISSION
COMPANIES
Section 1. Minnesota
Statutes 2004, section 216B.02, is amended by adding a subdivision to read:
Subd. 10.
[TRANSMISSION COMPANY.] "Transmission company" means
persons, corporations, or other legal entities and their lessees, trustees, and
receivers, now or hereafter engaged in the business of owning, operating,
maintaining, or controlling in this state equipment or facilities for
furnishing electric transmission service in Minnesota, but does not include
public utilities, municipal electric utilities, municipal power agencies,
cooperative electric associations, or generation and transmission cooperative
power associations.
Sec. 2. Minnesota
Statutes 2004, section 216B.16, is amended by adding a subdivision to read:
Subd. 7b.
[TRANSMISSION COST ADJUSTMENT.] (a) Notwithstanding any other
provision of this chapter, the commission may approve a tariff mechanism for
the automatic annual adjustment of charges for the Minnesota jurisdictional
costs of new transmission facilities that have been separately filed and
reviewed and approved by the commission under sections 216B.2425 and 216B.243
or are deemed to be a priority transmission project under section 216B.2425.
(b) Upon filing by a public utility or utilities providing
transmission service, the commission may approve, reject, or modify, after
notice and comment, a tariff that:
(1) allows the utility to recover on a timely basis the
costs net of revenues of facilities approved under sections 216B.2425 and
216B.243;
(2) allows a return on investment at the level approved in
the utility's last general rate case, unless a different return is found to be
consistent with the public interest;
(3) provides a current return on construction work in
progress, provided that recovery from Minnesota retail customers for the
allowance for funds used during construction is not sought through any other
mechanism;
(4) allows for recovery of other expenses if shown to
promote a least-cost project option or is otherwise in the public interest;
(5) allocates project costs appropriately between wholesale
and retail customers;
(6) provides a mechanism for recovery above cost, if
necessary to improve the overall economics of the project or projects or is
otherwise in the public interest; and
(7) terminates recovery once costs have been fully recovered
or have otherwise been reflected in the utility's general rates.
(c) A public utility may file annual rate adjustments to be
applied to customer bills paid under the tariff approved in paragraph (b). In its filing, the public utility shall
provide:
(1) a description of and context for the facilities included
for recovery;
(2) a schedule for implementation of applicable projects;
(3) the utility's costs for these
projects;
(4) a description of the utility's efforts to ensure the
lowest costs to ratepayers for the project; and
(5) calculations to establish that the rate adjustment is
consistent with the terms of the tariff established in paragraph (b).
(d) Upon receiving a filing for a rate adjustment pursuant
to the tariff established in paragraph (b), the commission shall approve the
annual rate adjustments provided that, after notice and comment, the costs included
for recovery through the tariff were or are expected to be prudently incurred
and achieve transmission system improvements at the lowest feasible and prudent
cost to ratepayers.
Sec. 3. Minnesota
Statutes 2004, section 216B.16, is amended by adding a subdivision to read:
Subd. 7c.
[TRANSMISSION ASSETS TRANSFER.] (a) Owners of transmission facilities
may transfer operational control or ownership of those assets to a transmission
company subject to Federal Energy Regulatory Commission jurisdiction. For asset transfers by a public utility, the
Public Utilities Commission may review the request to transfer in the context
of a general rate case under this section or may initiate other proceedings it
determines provide adequate review of the effect on retail rates of an asset
transfer approved under this section sufficient to protect ratepayers. The commission may only approve a transfer
sought after the effective date of this section if it finds that the transfer:
(1) is consistent with the public interest;
(2) facilitates the development of transmission
infrastructure necessary to ensure reliability, encourages the development of
renewable resources, and accommodates energy transfers within and between
states;
(3) protects Minnesota ratepayers against the subsidization
of wholesale transactions through retail rates; and
(4) ensures, in the case of operational control of
transmission assets, that the state retains jurisdiction over the transferring
utility for all aspects of service under this chapter.
(b) A transfer of operational control or ownership of assets
by a public utility under this subdivision is subject to section 216B.50. The relationship between a public utility
transferring operational control of assets to another entity under this
subdivision is subject to the provisions of section 216B.48. If a public utility transfers ownership of
its transmission assets to a transmission provider subject to the jurisdiction
of the Federal Energy Regulatory Commission, the Public Utilities Commission
may permit the utility to file a rate schedule providing for the automatic
adjustment of charges to recover the cost of transmission services purchased
under tariff rates approved by the Federal Energy Regulatory Commission.
Sec. 4. Minnesota
Statutes 2004, section 216B.2421, subdivision 2, is amended to read:
Subd. 2. [LARGE ENERGY
FACILITY.] "Large energy facility" means:
(1) any electric power generating plant or combination of
plants at a single site with a combined capacity of 50,000 kilowatts or more
and transmission lines directly associated with the plant that are necessary to
interconnect the plant to the transmission system;
(2) any high-voltage transmission line with a capacity of 200
kilovolts or more and greater than 1,500 feet in length;
(3) any high-voltage transmission line
with a capacity of 100 kilovolts or more with more than ten miles of its length
in Minnesota or that crosses a state line;
(4) any pipeline greater than six inches in diameter and having
more than 50 miles of its length in Minnesota used for the transportation of
coal, crude petroleum or petroleum fuels or oil, or their derivatives;
(5) any pipeline for transporting natural or synthetic gas at
pressures in excess of 200 pounds per square inch with more than 50 miles of
its length in Minnesota;
(6) any facility designed for or capable of storing on a single
site more than 100,000 gallons of liquefied natural gas or synthetic gas;
(7) any underground gas storage facility requiring a permit
pursuant to section 103I.681;
(8) any nuclear fuel processing or nuclear waste storage or
disposal facility; and
(9) any facility intended to convert any material into any
other combustible fuel and having the capacity to process in excess of 75 tons
of the material per hour.
Sec. 5. Minnesota
Statutes 2004, section 216B.2425, subdivision 2, is amended to read:
Subd. 2. [LIST
DEVELOPMENT; TRANSMISSION PROJECTS REPORT.] (a) By November 1 of each
odd-numbered year, each a transmission projects report must be
submitted to the commission by each utility, organization, or company that:
(1) is a public utility, a municipal utility, and
a cooperative electric association, oder the generation and
transmission organization that serves each utility or association, that or
a transmission company; and
(2) owns or operates electric transmission lines in
Minnesota shall.
(b) The report may be submitted jointly or individually submit
a transmission projects report to the commission.
(c) The report must:
(1) list specific present and reasonably foreseeable future
inadequacies in the transmission system in Minnesota;
(2) identify alternative means of addressing each inadequacy
listed;
(3) identify general economic, environmental, and social issues
associated with each alternative; and
(4) provide a summary of public input the utilities and
associations have gathered related to the list of inadequacies and the role
of local government officials and other interested persons in assisting to
develop the list and analyze alternatives.
(b) (d) To meet the requirements of this
subdivision, entities reporting parties may rely on available
information and analysis developed by a regional transmission organization or
any subgroup of a regional transmission organization and may develop and
include additional information as necessary.
Sec. 6. [216B.2426] [OPPORTUNITIES FOR DISTRIBUTED GENERATION.]
The commission shall ensure that opportunities for the
installation of distributed generation, as that term is defined in section
216B.169, subdivision 1, paragraph (c), are considered in any proceeding under
section 216B.2422, 216B.2425, or 216B.243.
Sec. 7. Minnesota
Statutes 2004, section 216B.243, subdivision 3, is amended to read:
Subd. 3. [SHOWING
REQUIRED FOR CONSTRUCTION.] No proposed large energy facility shall be
certified for construction unless the applicant can show that demand for
electricity cannot be met more cost effectively through energy conservation and
load-management measures and unless the applicant has otherwise justified its
need. In assessing need, the commission
shall evaluate:
(1) the accuracy of the long-range energy demand forecasts on
which the necessity for the facility is based;
(2) the effect of existing or possible energy conservation
programs under sections 216C.05 to 216C.30 and this section or other federal or
state legislation on long-term energy demand;
(3) the relationship of the proposed facility to overall state
energy needs, as described in the most recent state energy policy and
conservation report prepared under section 216C.18, or, in the case of a
high-voltage transmission line, the relationship of the proposed line to
regional energy needs, as presented in the transmission plan submitted under
section 216B.2425;
(4) promotional activities that may have given rise to the
demand for this facility;
(5) benefits of this facility, including its uses to protect or
enhance environmental quality, and to increase reliability of energy supply in
Minnesota and the region;
(6) possible alternatives for satisfying the energy demand or
transmission needs including but not limited to potential for increased
efficiency and upgrading of existing energy generation and transmission
facilities, load-management programs, and distributed generation;
(7) the policies, rules, and regulations of other state and
federal agencies and local governments; and
(8) any feasible combination of energy conservation
improvements, required under section 216B.241, that can (i) replace part or all
of the energy to be provided by the proposed facility, and (ii) compete with it
economically.;
(9) with respect to a high-voltage transmission line, the
benefits of enhanced regional reliability, access, or deliverability to improve
the robustness of the transmission system or to lower costs to electric
consumers;
(10) whether the applicant or applicants are in compliance
with applicable provisions of sections 216B.1691 and 216B.2425, subdivision 8,
and have filed or will file by a date certain an application for certificate of
need under this section or for certification as a priority electric
transmission project under section 216B.2425 for any transmission facilities or
upgrades identified under section 216B.2425, subdivision 8;
(11) whether the applicant has made the demonstrations
required under subdivision 3a; and
(12) if the applicant is proposing a nonrenewable generating
plan, the applicant's assessment of the risk of environmental costs and
regulation on that proposed facility over the expected useful life of the
plant, including a proposed means of allocating costs associated with that
risk.
Sec. 8. Minnesota Statutes 2004, section 216B.50, subdivision 1, is
amended to read:
Subdivision 1. [COMMISSION
APPROVAL REQUIRED.] No public utility shall sell, acquire, lease, or rent any
plant as an operating unit or system in this state for a total consideration in
excess of $100,000, or merge or consolidate with another public utility or
transmission company operating in this state, without first being
authorized so to do by the commission.
Upon the filing of an application for the approval and consent of the
commission thereto, the commission shall investigate, with
or without public hearing, and in case of. The commission shall hold a public hearing, upon such notice
as the commission may require, and if it shall find. If the commission finds that the
proposed action is consistent with the public interest, it shall give
its consent and approval by order in writing.
In reaching its determination, the commission shall take into
consideration the reasonable value of the property, plant, or securities to be
acquired or disposed of, or merged and consolidated. The provisions of
This section shall does not be construed as
applicable apply to the purchase of units of property for
replacement or to the addition to replace or add to the plant of the
public utility by construction.
Sec. 9. Minnesota
Statutes 2004, section 216B.62, is amended by adding a subdivision to read:
Subd. 5a.
[ASSESSING TRANSMISSION COMPANIES.] The commission and department may
charge transmission companies their proportionate share of the expenses
incurred in the review and disposition of proceedings under sections 216B.2425,
216B.243, 216B.48, 216B.50, and 216B.79.
A transmission company is not liable for costs and expenses in a
calendar year in excess of the limitation on costs that may be assessed against
public utilities under subdivision 2. A
transmission company may object to and appeal bills of the commission and
department as provided in subdivision 4.
Sec. 10. Minnesota
Statutes 2004, section 216B.79, is amended to read:
216B.79 [PREVENTATIVE MAINTENANCE.]
The commission may order public utilities to make adequate
infrastructure investments and undertake sufficient preventative maintenance
with regard to generation, transmission, and distribution facilities. The commission's authority under this
section also applies to any transmission company that owns or operates electric
transmission lines in Minnesota.
Sec. 11. [216B.82]
[LOCAL POWER QUALITY ZONES.]
(a) Upon joint petition of a public utility as defined in
section 216B.02, subdivision 4, and any customer located within the utility's
service territory, the commission may establish a zone within that utility's
service territory where the utility will install additional, redundant, or
upgraded components of the electric distribution infrastructure that are
designed to decrease the risk of power outages; provided, the utility and all
of its customers located within the proposed zone have approved the
installation of the components and the financial recovery plan prior to the
creation of the zone, and the proposed zone contains at least two utility customers.
(b) The commission shall authorize the utility to collect
all costs of the installation of any components under this section, including
initial investment, operation, and maintenance costs and taxes from all
customers within the zone, through tariffs and surcharges for service in a zone
that appropriately reflect the cost of service to those customers, provided the
customers agree to pay all costs for a predetermined period, including costs of
component removal, if appropriate.
Sec. 12. [STAKEHOLDER
PROCESS AND REPORT.]
Subdivision 1.
[MEMBERSHIP.] By June 15, 2005, the Legislative Electric Energy Task
Force shall convene a stakeholder group consisting of one representative from
each of the following groups:
transmission-owning investor-owned utilities, electric cooperatives,
municipal power agencies, energy consumer advocates, business energy consumer
advocates, residential energy consumer advocates, environmental organizations,
the Minnesota Department of Commerce, the Minnesota Environmental Quality
Board, and the Minnesota Public Utilities Commission.
Subd. 2.
[CHARGE.] (a) The stakeholder group shall explore whether increased
efficiencies and effectiveness can be obtained through modifying current state
statutes and administrative processes to certify and route high-voltage
transmission lines, including modifications to Minnesota Statutes, section
216B.243.
(b) In developing its recommendations, the stakeholder group
shall consider:
(1) whether the certification process established under
Minnesota Statutes, section 216B.2425, subdivision 3, can be modified to
encourage utilities to apply for certification under that section;
(2) whether alternative certification processes are feasible
for different types of transmission facilities; and
(3) whether additional cooperation between state agencies is
needed to enhance the efficiency of the certification and routing processes,
and whether modifications to those processes are appropriate.
(c) The stakeholder group shall also consider and make
recommendations regarding whether and how to provide compensation above
traditional eminent domain payments to landowners over whose property a new
transmission facility is constructed.
Subd. 3.
[REPORT.] By January 15, 2006, the task force shall submit a report
to the legislature summarizing the stakeholder group findings and any
recommended changes to the certification and routing processes for high-voltage
transmission lines.
ARTICLE
2
COMMUNITY-BASED
ENERGY TARIFF
Section 1. [216B.1612]
[COMMUNITY-BASED ENERGY DEVELOPMENT; TARIFF.]
Subdivision 1.
[TARIFF ESTABLISHMENT.] A tariff shall be established to optimize
local, regional, and state benefits from wind energy development, and to
facilitate development of community-based wind energy projects throughout
Minnesota.
Subd. 2.
[DEFINITIONS.] (a) The terms used in this section have the meanings
given them in this subdivision.
(b) "C-BED tariff" or "tariff" means a
community-based energy development tariff.
(c) "Qualifying owner" means:
(1) a Minnesota resident;
(2) a limited liability corporation that is organized under
the laws of this state and that is made up of members who are Minnesota
residents;
(3) a Minnesota nonprofit organization organized under
chapter 317A;
(4) a Minnesota cooperative association organized under
chapter 308A or 308B, other than a rural electric cooperative association or a
generation and transmission cooperative;
(5) a Minnesota political subdivision or local government
other than a municipal electric utility or municipal power agency, including,
but not limited to, a county, statutory or home rule charter city, town, school
district, or public or private higher education institution or any other local
or regional governmental organization such as a board, commission, or
association; or
(6) a tribal council.
No single qualifying owner may own more than 15 percent of a
C-BED project.
(d) "Net present value rate" means a rate equal to
the net present value of the nominal payments to a project divided by the total
expected energy production of the project over the life of its power purchase
agreement and for which the net present value of all payments made by the
utility to the owners of a community-based energy development (C-BED) project
under the tariff over the life of the power purchase agreement is equal to the
net present value of all payments that would have been made under a flat rate
schedule.
(e) "Standard reliability criteria" means:
(1) can be safely integrated into and operated within the
utility's grid without causing any adverse or unsafe consequences; and
(2) is consistent with the utility's resource needs as
identified in its most recent resource plan submitted under section 216B.2422.
(f) "Community-based energy project" or
"C-BED project" means a new wind energy project that:
(1) is owned entirely by one or more qualifying owners, with
at least 50 percent of the equity invested in the project from individuals
residing in a single county or in a contiguous county, regardless of ownership
structure; and
(2) has a resolution of support adopted by the county board
of each county in which the project is to be located, or in the case of a
project located within the boundaries of a reservation, the tribal council for
that reservation.
Subd. 3. [TARIFF
RATE.] (a) By September 1, 2005, the commission shall establish, by order, a
model C-BED tariff.
(b) The tariff must have a rate schedule less than or equal
to a 2.7 cents per kilowatt hour net present value rate over the 20-year life
of the power purchase agreement. The
tariff must provide for a rate that is higher in the first ten years of the
power purchase agreement than in the last ten years. The discount rate required to calculate the net present value
must be the utility's normal discount rate used for its other business
purposes.
(c) In developing the model tariff, the commission shall
consider mechanisms to encourage the aggregation of C‑BED projects.
(d) The model C-BED tariff developed by the commission shall
require that qualifying owners provide sufficient security to secure
performance under the power purchase agreement, and shall prohibit the transfer
of the C-BED project to a nonqualifying owner during the initial 20 years of
the contract.
(e) The model C-BED tariff developed by the commission
shall include the utility's cost and reliability requirements to determine
tariff applicability.
Subd. 4.
[UTILITIES TO OFFER TARIFF.] Within 90 days after the commission
issues an order under subdivision 3, each public utility providing electric
service at retail shall file for commission approval a community-based energy
development tariff consistent with the model tariff established under
subdivision 3. Within 150 days of an
order under subdivision 2, each municipal power agency and generation and
transmission cooperative electric association shall adopt a community-based
energy development tariff as consistent as possible with the model tariff
issued under subdivision 3.
Subd. 5.
[PRIORITY FOR C-BED PROJECTS.] (a) A utility subject to section
216B.1691 that needs to construct new generation, or purchase the output from
new generation, as part of its plan to satisfy its good faith objective under
that section shall take reasonable steps to determine if one or more C-BED
projects are available that meet the utility's cost and reliability
requirements, applying standard reliability criteria, to fulfill some or all of
the identified need at minimal impact to customer rates.
Nothing in this section shall be construed to obligate a
utility to enter into a power purchase agreement under a C-BED tariff developed
under this section.
(b) Each utility shall include in its resource plan
submitted under section 216B.2422 a description of its efforts to purchase
energy from C-BED projects, including a list of the projects under contract and
the amount of C-BED energy purchased.
(c) The commission shall consider the efforts and activities
of a utility to purchase energy from C-BED projects when evaluating its good
faith effort towards meeting the renewable energy objective under section
216B.1691.
Subd. 6.
[PROPERTY OWNER PARTICIPATION.] To the extent feasible, a developer
of a C-BED project must provide, in writing, an opportunity to invest in the
C-BED project to each property owner on whose property a high voltage
transmission line transmitting the energy generated by the C-BED project to
market currently exists or is to be constructed and who resides in the county
where the C-BED project is located or in an adjacent Minnesota county.
Subd. 7. [OTHER
C-BED TARIFF ISSUES.] (a) A community-based project developer and a utility
shall negotiate the rate and power purchase agreement terms consistent with the
tariff established under subdivision 4.
(b) At the discretion of the developer, a community-based
project developer and a utility may negotiate a power purchase agreement with
terms different from the tariff established under subdivision 4.
(c) A qualifying owner, or any combination of qualifying
owners, may develop a joint venture project with a nonqualifying wind energy
project developer. However, the terms
of the C-BED tariff may only apply to the portion of the energy production of
the total project that is directly proportional to the equity share of the
project owned by the qualifying owners.
(d) A project that is operating under a power purchase
agreement under a C-BED tariff is not eligible for net energy billing under
section 216B.164, subdivision 3, or for production incentives under section
216C.41.
(e) A public utility must receive commission approval of a
power purchase agreement for a C-BED project that is operating under a rate
that is higher in the first ten years of the agreement than in the last ten years. The commission shall provide the utility's
ratepayers an opportunity to address the reasonableness of the proposed power
purchase agreement.
Sec. 2. Minnesota
Statutes 2004, section 216B.1645, subdivision 1, is amended to read:
Subdivision 1. [COMMISSION AUTHORITY.] Upon the petition of a public utility, the
Public Utilities Commission shall approve or disapprove power purchase
contracts, investments, or expenditures entered into or made by the utility to
satisfy the wind and biomass mandates contained in sections 216B.169,
216B.2423, and 216B.2424, and to satisfy the renewable energy objectives set
forth in section 216B.1691, including reasonable investments and
expenditures made to:
(1) transmit the electricity generated from sources
developed under those sections that is ultimately used to provide service to
the utility's retail customers, or to including studies necessary to
identify new transmission facilities needed to transmit electricity to
Minnesota retail customers from generating facilities constructed to satisfy
the renewable energy objectives, provided that the costs of the studies have
not been recovered previously under existing tariffs and the utility has filed
an application for a certificate of need for the new transmission facilities
identified in the studies; or
(2) develop renewable energy sources from the account
required in section 116C.779.
Sec. 3. Minnesota
Statutes 2004, section 216B.2425, is amended by adding a subdivision to read:
Subd. 8.
[PRIORITY TRANSMISSION PROJECTS.] (a) Until January 1, 2010,
transmission projects determined by the commission to be necessary to support a
utility's plan under section 216B.1691 to meet its obligations under that
section must be certified as a priority electric transmission project,
satisfying the requirements of section 216B.243. In determining that a proposed transmission project is necessary
to support a utility's plan under section 216B.1691, the commission must find
that the applicant has met the following factors:
(1) that the transmission facility is necessary to allow the
delivery of power from renewable sources of energy to retail customers in
Minnesota;
(2) that the applicant has signed or will sign power
purchase agreements, subject to commission approval, for resources to meet the
renewable energy objective that are dependent upon or will use the capacity of
the transmission facility to serve retail customers in Minnesota;
(3) that the installation and commercial operation date of
the renewable resources to satisfy the renewable energy objective will match
the planned in-service date of the transmission facility; and
(4) that the proposed transmission facility is consistent
with a least-cost solution to the utility's need for additional electricity.
(b) This subdivision expires January 1, 2010.
Sec. 4. Minnesota
Statutes 2004, section 216B.243, subdivision 8, is amended to read:
Subd. 8. [EXEMPTIONS.]
This section does not apply to:
(1) cogeneration or small power production facilities as
defined in the Federal Power Act, United States Code, title 16, section 796,
paragraph (17), subparagraph (A), and paragraph (18), subparagraph (A), and
having a combined capacity at a single site of less than 80,000 kilowatts or
to; plants or facilities for the production of ethanol or fuel
alcohol nor in; or any case where the commission shall
determine has determined after being advised by the attorney general
that its application has been preempted by federal law;
(2) a high-voltage transmission line
proposed primarily to distribute electricity to serve the demand of a single
customer at a single location, unless the applicant opts to request that the
commission determine need under this section or section 216B.2425;
(3) the upgrade to a higher voltage of an existing transmission
line that serves the demand of a single customer that primarily uses existing
rights-of-way, unless the applicant opts to request that the commission
determine need under this section or section 216B.2425;
(4) a high-voltage transmission line of one mile or less
required to connect a new or upgraded substation to an existing, new, or
upgraded high-voltage transmission line;
(5) conversion of the fuel source of an existing electric
generating plant to using natural gas; oder
(6) the modification of an existing electric generating
plant to increase efficiency, as long as the capacity of the plant is not
increased more than ten percent or more than 100 megawatts, whichever is
greater.; or
(7) a large energy facility that (i) generates electricity
from wind energy conversion systems, (ii) will serve retail customers in
Minnesota, (iii) is specifically intended to be used to meet the renewable
energy objective under section 216B.1691 or addresses a resource need identified
in a current commission-approved or commission-reviewed resource plan under
section 216B.2422, and (iv) derives at least ten percent of the total nameplate
capacity of the proposed project from one or more C-BED projects, as defined
under section 216B.1612, subdivision 2, paragraph (f).
Sec. 5. [216C.053]
[RENEWABLE ENERGY DEVELOPMENT.]
The Department of Commerce shall assist utilities, renewable
energy developers, regulators, regional transmission grid managers, and the
public on issues related to renewable energy development. The department shall work to ensure
cost-effective renewable energy development throughout the state.
Sec. 6. [WIND
INTEGRATION STUDY.]
The Public Utilities Commission shall order all electric
utilities, as defined in Minnesota Statutes, section 216B.1691, subdivision 1,
paragraph (b), to participate in a statewide wind integration study. Utilities subject to Minnesota Statutes,
section 216B.1691, shall jointly contract with an independent firm selected by
the reliability administrator to conduct an engineering study of the impacts on
reliability and costs associated with increasing wind capacity to 20 percent of
Minnesota retail electric energy sales by the year 2020, and to identify and
develop options for utilities to use to manage the intermittent nature of wind
resources. The contracting utilities
shall cooperate with the firm conducting the study by providing data
requested. The reliability
administrator shall manage the study process and shall appoint a group of
stakeholders with experience in engineering and expertise in power systems or
wind energy to review the study's proposed methods and assumptions and
preliminary data. The study must be
completed by November 30, 2006. Using
the study results, the contracting utilities shall provide the commissioner of
commerce with estimates of the impact on their electric rates of increasing
wind capacity to 20 percent, assuming no reduction in reliability. Electric utilities shall incorporate the
study's findings into their utility integrated resource plans prepared under
Minnesota Statutes, section 216B.2422.
The costs of the study are recoverable under Minnesota Statutes, section
216C.052, subdivision 2, paragraph (c), clause (2).
Sec. 7. [LANDOWNER
PAYMENTS WORKING GROUP.]
Subdivision 1.
[MEMBERSHIP.] By June 15, 2005, the Legislative Electric Energy Task
Force shall convene a Landowner Payments Working Group consisting of up to 12
members, including representatives from each of the following groups: transmission-owning
investor-owned utilities, electric cooperatives, municipal power agencies, Farm
Bureau, Farmers Union, county commissioners, real estate appraisers, and others
with an interest and expertise in landowner rights and the market value of rural
property.
Subd. 2. [APPOINTMENT.] The chairs of the
Legislative Electric Energy Task Force and the chairs of the senate and house
committees with primary jurisdiction over energy policy shall jointly appoint
the working group members.
Subd. 3. [CHARGE.]
(a) The Landowner Payments Working Group shall research alternative methods
of remunerating landowners on whose land high-voltage transmission lines have
been constructed.
(b) In developing its recommendations, the working group
shall:
(1) examine different methods of landowner payments that
operate in other states and countries;
(2) consider innovative alternatives to lump-sum payments
that extend payments over the life of the transmission line and that run with
the land if the land is conveyed to another owner; and
(3) consider alternative ways of structuring payments that
are equitable to landowners and utilities.
Subd. 4.
[EXPENSES.] Members of the working group must be reimbursed for
expenses as provided in Minnesota Statutes, section 15.059, subdivision 6. Expenses of the Landowner Payments Working
Group must not exceed $10,000 without the approval of the chairs of the
Legislative Electric Energy Task Force.
Subd. 5.
[REPORT.] The Landowner Payments Working Group shall present its
findings and recommendations, including legislative recommendations and model
legislation, if any, in a report to the Legislative Electric Energy Task Force
by January 15, 2006.
ARTICLE
3
TRANSFER
OF SITING AND ROUTING AUTHORITY FOR LARGE ENERGY FACILITIES
Section 1. Minnesota
Statutes 2004, section 116C.52, subdivision 2, is amended to read:
Subd. 2. [BOARD COMMISSION.]
"Board" shall mean the Minnesota Environmental Quality Board "Commission"
means the Public Utilities Commission.
Sec. 2. Minnesota
Statutes 2004, section 116C.52, subdivision 4, is amended to read:
Subd. 4. [HIGH VOLTAGE
TRANSMISSION LINE.] "High voltage transmission line" means a
conductor of electric energy and associated facilities designed for and capable
of operation at a nominal voltage of 100 kilovolts or more and is greater
than 1,500 feet in length.
Sec. 3. Minnesota
Statutes 2004, section 116C.53, subdivision 2, is amended to read:
Subd. 2.
[JURISDICTION.] The board commission is hereby
given the authority to provide for site and route selection for large electric
power facilities. The board commission
shall issue permits for large electric power facilities in a timely fashion. When the Public Utilities Commission has
determined the and in a manner consistent with the overall determination
of need for the project under section 216B.243 or 216B.2425,.
Questions of need, including size, type, and timing; alternative system
configurations; and voltage are not within the board's siting and routing
authority and must not be included in the scope of environmental review
conducted under sections 116C.51 to 116C.69.
Sec. 4. Minnesota Statutes 2004, section 116C.57, subdivision 1, is
amended to read:
Subdivision 1. [SITE
PERMIT.] No person may construct a large electric generating plant without a
site permit from the board commission. A large electric generating plant may be constructed only on a
site approved by the board commission. The board commission must incorporate into one
proceeding the route selection for a high voltage transmission line that is
directly associated with and necessary to interconnect the large electric
generating plant to the transmission system and whose need is certified as
part of the generating plant project by the Public Utilities Commission under
section 216B.243.
Sec. 5. Minnesota
Statutes 2004, section 116C.57, subdivision 2c, is amended to read:
Subd. 2c.
[ENVIRONMENTAL REVIEW.] The board commissioner of the
Department of Commerce shall prepare for the commission an
environmental impact statement on each proposed large electric generating plant
or high voltage transmission line for which a complete application has been
submitted. For any project that has
obtained a certificate of need from the Public Utilities Commission, the board
The commissioner shall not consider whether or not the project is
needed. No other state environmental
review documents shall be are required. The board commissioner shall study and evaluate any
site or route proposed by an applicant and any other site or route the board
commission deems necessary that was proposed in a manner consistent with
rules adopted by the board concerning the form, content, and timeliness
of proposals for alternate sites or routes.
Sec. 6. Minnesota
Statutes 2004, section 116C.57, is amended by adding a subdivision to read:
Subd. 9.
[DEPARTMENT OF COMMERCE TO PROVIDE TECHNICAL EXPERTISE AND OTHER
ASSISTANCE.] The commissioner of the Department of Commerce shall provide
technical expertise and other assistance to the commission for activities and
proceedings under this section, sections 116C.51 to 116C.697, and chapter
116I. The commissioner shall
periodically report to the commission concerning the Department of Commerce's
costs of providing assistance. The
report must conform to the schedule and include the required contents specified
by the commission. The commission shall
include the costs of the assistance in assessments for activities and
proceedings under those sections and reimburse the special revenue fund for
those costs.
Sec. 7. Minnesota
Statutes 2004, section 116C.575, subdivision 5, is amended to read:
Subd. 5. [ENVIRONMENTAL
REVIEW.] For the projects identified in subdivision 2 and following these
procedures, the board commissioner of the Department of Commerce
shall prepare for the commission an environmental assessment. The environmental assessment shall contain
information on the human and environmental impacts of the proposed project and
other sites or routes identified by the board commission and
shall address mitigating measures for all of the sites or routes
considered. The environmental
assessment shall be the only state environmental review document required to be
prepared on the project.
Sec. 8. Minnesota
Statutes 2004, section 116C.577, is amended to read:
116C.577 [EMERGENCY PERMIT.]
(a) Any utility whose electric power system requires the
immediate construction of a large electric power generating plant or high
voltage transmission line due to a major unforeseen event may apply to the upon
a finding by the board
commission for an emergency permit after providing. The application must provide notice in
writing to the Public Utilities Commission of the major unforeseen event
and the need for immediate construction.
The permit must be issued in a timely manner, no later than 195 days
after the board's commission's acceptance of the application and board commission that (1) a demonstrable
emergency exists, (2) the emergency requires immediate construction, and (3) adherence
to the procedures and time schedules specified in section 116C.57 would
jeopardize the utility's electric power system or would jeopardize the
utility's ability to meet the electric needs of its customers in an orderly and
timely manner.
(b) A public hearing to determine if an emergency exists must
be held within 90 days of the application.
The board commission, after notice and hearing, shall
adopt rules specifying the criteria for emergency certification.
Sec. 9. Minnesota
Statutes 2004, section 116C.58, is amended to read:
116C.58 [ANNUAL HEARING.]
The board commission shall hold an annual public
hearing at a time and place prescribed by rule in order to afford interested
persons an opportunity to be heard regarding any matters relating to the siting
of large electric generating power plants and routing of high voltage
transmission lines. At the meeting, the
board commission shall advise the public of the permits issued by
the board commission in the past year. The board commission shall provide at least ten
days but no more than 45 days' notice of the annual meeting by mailing notice
to those persons who have requested notice and by publication in the EQB
Monitor and the commission's weekly calendar.
Sec. 10. Minnesota
Statutes 2004, section 116C.69, subdivision 2, is amended to read:
Subd. 2. [SITE
APPLICATION FEE.] Every applicant for a site permit shall pay to the board
commission a fee in an amount equal to $500 for each $1,000,000 of
production plant investment in the proposed installation as defined in the
Federal Power Commission Uniform System of Accounts. The board shall specify the time and manner of payment of the
fee. If any single payment requested by
the board is in excess of 25 percent of the total estimated fee, the board
shall show that the excess is reasonably necessary. The applicant shall pay within 30 days of notification any
additional fees reasonably necessary for completion of the site evaluation and
designation process by the board. In no
event shall the total fees required of the applicant under this subdivision
exceed an amount equal to 0.001 of said production plant investment ($1,000 for
each $1,000,000) to cover the necessary and reasonable costs incurred by
the commission in acting on the permit application and carrying out the
requirements of sections 116C.51 to 116C.69.
The commission may adopt rules providing for the payment of the
fee. Section 16A.1283 does not apply to
establishment of this fee. All
money received pursuant to this subdivision shall be deposited in a special
account. Money in the account is
appropriated to the board commission to pay expenses incurred in
processing applications for site permits in accordance with sections 116C.51 to
116C.69 and in the event the expenses are less than the fee paid, to refund the
excess to the applicant.
Sec. 11. Minnesota
Statutes 2004, section 116C.69, subdivision 2a, is amended to read:
Subd. 2a. [ROUTE
APPLICATION FEE.] Every applicant for a transmission line route permit shall
pay to the board commission a base fee of $35,000 plus a fee
in an amount equal to $1,000 per mile length of the longest proposed
route. The board shall specify the time
and manner of payment of the fee. If
any single payment requested by the board is in excess of 25 percent of the
total estimated fee, the board shall show that the excess is reasonably
necessary. In the event the actual cost
of processing an application up to the board's final decision to designate a
route exceeds the above fee schedule, the board may assess the applicant any
additional fees necessary to cover the actual costs, not to exceed an amount
equal to $500 per mile length of the longest proposed route fee to cover
the necessary and reasonable costs incurred by the commission in acting on the
permit application and carrying out the requirements of sections 116C.51 to
116C.69. The commission may adopt rules
providing for the payment of the fee.
Section 16A.1283 does not apply to the establishment of this fee. All money received pursuant to this
subdivision shall be deposited in a special account. Money in the account is appropriated to the board commission
to pay expenses incurred in processing applications for route permits in
accordance with sections 116C.51 to 116C.69 and in the event the expenses are
less than the fee paid, to refund the excess to the applicant.
Sec. 12. Minnesota Statutes 2004, section 216B.243, subdivision 4, is
amended to read:
Subd. 4. [APPLICATION
FOR CERTIFICATE; HEARING.] Any person proposing to construct a large energy
facility shall apply for a certificate of need prior to applying and
for a site or route permit under sections 116C.51 to 116C.69 or construction of
the facility. The application shall be
on forms and in a manner established by the commission. In reviewing each application the commission
shall hold at least one public hearing pursuant to chapter 14. The public hearing shall be held at a
location and hour reasonably calculated to be convenient for the public. An objective of the public hearing shall be
to obtain public opinion on the necessity of granting a certificate of need and,
if a joint hearing is held, a site or route permit. The commission shall designate a commission
employee whose duty shall be to facilitate citizen participation in the hearing
process. If Unless the
commission and the Environmental Quality Board determine determines
that a joint hearing on siting and need under this subdivision and section
116C.57, subdivision 2d, is not feasible, oder more
efficient, and may further or otherwise not in the public
interest, a joint hearing under those subdivisions may shall be
held.
Sec. 13. Minnesota
Statutes 2004, section 216B.243, subdivision 5, is amended to read:
Subd. 5. [APPROVAL,
DENIAL, OR MODIFICATION.] Within six 12 months of the submission
of an application, the commission shall approve or deny a certificate of need
for the facility. Approval or denial of
the certificate shall be accompanied by a statement of the reasons for the
decision. Issuance of the certificate
may be made contingent upon modifications required by the commission. If the commissioner has not issued an
order on the application within the 12 months provided, the commission may
extent the time period upon receiving the consent of the parties or on its own
motion, for good cause, by issuing an order explaining the good cause
justification for extension.
Sec. 14. Minnesota
Statutes 2004, section 216C.052, is amended to read:
216C.052 [RELIABILITY ADMINISTRATOR.]
Subdivision 1.
[RESPONSIBILITIES.] (a) There is established the position of reliability
administrator in the Department of Commerce Public Utilities
Commission. The administrator shall
act as a source of independent expertise and a technical advisor to the
commissioner, the commission, and the public, and the
Legislative Electric Energy Task Force on issues related to the reliability
of the electric system. In conducting
its work, the administrator shall provide assistance to the commission in
administering and implementing the commission's duties under sections 116C.51
to 116C.69; sections 116C.691 to 116C.697; chapter 116I; and rules associated
with those sections. Subject to
resource constraints, the reliability administrator may also:
(1) model and monitor the use and operation of the energy
infrastructure in the state, including generation facilities, transmission
lines, natural gas pipelines, and other energy infrastructure;
(2) develop and present to the commission and parties technical
analyses of proposed infrastructure projects, and provide technical advice to
the commission;
(3) present independent, factual, expert, and technical
information on infrastructure proposals and reliability issues at public
meetings hosted by the task force, the Environmental Quality Board, the
department, or the commission.
(b) Upon request and subject to resource constraints, the
administrator shall provide technical assistance regarding matters unrelated to
applications for infrastructure improvements to the task force, the department,
or the commission.
(c) The administrator may not advocate for any particular
outcome in a commission proceeding, but may give technical advice to the
commission as to the impact on the reliability of the energy system of a
particular project or projects. The
administrator must not be considered a party or a participant in any proceeding
before the commission.
Subd. 2.
[ADMINISTRATIVE ISSUES.] (a) The commissioner commission
may select the administrator who shall serve for a four-year term. The administrator may not have been a party
or a participant in a commission energy proceeding for at least one year prior
to selection by the commissioner commission. The commissioner commission
shall oversee and direct the work of the administrator, annually review the
expenses of the administrator, and annually approve the budget of the
administrator. The administrator may
hire staff and may contract for technical expertise in performing duties when existing
state resources are required for other state responsibilities or when special
expertise is required. The salary of
the administrator is governed by section 15A.0815, subdivision 2.
(b) Costs relating to a specific proceeding, analysis, or
project are not general administrative costs. For purposes of this section, "energy utility" means
public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric
service in the state.
(c) The Department of Commerce commission shall
pay:
(1) the general administrative costs of the administrator, not
to exceed $1,000,000 in a fiscal year, and shall assess energy utilities for
those administrative costs. These costs
must be consistent with the budget approved by the commissioner commission
under paragraph (a). The department
commission shall apportion the costs among all energy utilities in
proportion to their respective gross operating revenues from sales of gas or
electric service within the state during the last calendar year, and shall then
render a bill to each utility on a regular basis; and
(2) costs relating to a specific proceeding analysis or project
and shall render a bill to the specific energy utility or utilities
participating in the proceeding, analysis, or project directly, either at the
conclusion of a particular proceeding, analysis, or project, or from time to
time during the course of the proceeding, analysis, or project.
(d) For purposes of administrative efficiency, the department
commission shall assess energy utilities and issue bills in accordance
with the billing and assessment procedures provided in section 216B.62, to the
extent that these procedures do not conflict with this subdivision. The amount of the bills rendered by the department
commission under paragraph (c) must be paid by the energy utility into
an account in the special revenue fund in the state treasury within 30 days
from the date of billing and is appropriated to the commissioner commission
for the purposes provided in this section.
The commission shall approve or approve as modified a rate schedule
providing for the automatic adjustment of charges to recover amounts paid by
utilities under this section. All
amounts assessed under this section are in addition to amounts appropriated to
the commission and the department by other law.
Subd. 3. [ASSESSMENT
AND APPROPRIATION.] In addition to the amount noted in subdivision 2, the commissioner
commission may assess utilities, using the mechanism specified in that
subdivision, up to an additional $500,000 annually through June 30, 2006. The amounts assessed under this subdivision
are appropriated to the commissioner commission, and some or all
of the amounts assessed may be transferred to the commissioner of
administration, for the purposes specified in section 16B.325 and Laws 2001,
chapter 212, article 1, section 3, as needed to implement those sections.
Subd. 4. [EXPIRATION.]
This section expires June 30, 2006 2007.
Sec. 15.
[TRANSFERRING POWER PLANT SITING RESPONSIBILITIES.]
All responsibilities, as defined in Minnesota Statutes,
section 15.039, subdivision 1, held by the Environmental Quality Board relating
to power plant siting and routing under Minnesota Statutes, sections 116C.51 to
116C.69; wind energy conversion systems under Minnesota Statutes, sections
116C.691 to 116C.697; pipelines under Minnesota Statutes, chapter 116I; and
rules associated with those sections are transferred to the Public Utilities
Commission under Minnesota Statutes, section 15.039, except that the
responsibilities of the Environmental Quality Board under Minnesota Statutes,
section 116C.83, subdivision 6, and Minnesota Rules, parts 4400.1700,
4400.2750, and 4410.7010 to 4410.7070, are transferred to the commissioner of
the Department of Commerce. The power
plan siting staff of the Environmental Quality Board are transferred to the
Department of Commerce. The
department's budget shall be adjusted to reflect the transfer.
Sec. 16. [TRANSFERRING
RELIABILITY ADMINISTRATOR RESPONSIBILITIES.]
All responsibilities, as defined in Minnesota Statutes 2004,
section 15.039, subdivision 1, held by the Minnesota Department of Commerce
relating to the reliability administrator under Minnesota Statutes, section
216C.052, are transferred to the Minnesota Public Utilities Commission under
Minnesota Statutes, section 15.039.
Sec. 17. [REVISOR'S
INSTRUCTION.]
(a) The revisor of statutes shall change the words
"Environmental Quality Board," "board," "chair of the
board," "chair," "board's," and similar terms, when
they refer to the Environmental Quality Board or chair of the Environmental
Quality Board, to the term "Public Utilities Commission,"
"commission," or "commission's," as appropriate, where they
appear in Minnesota Statutes, sections 13.741, subdivision 3, 116C.51 to
116C.697, and chapter 116I. The revisor
shall also make those changes in Minnesota Rules, chapters 4400, 4401, and
4415, except as specified in paragraph (b).
(b) The revisor of statutes shall change the words
"Environmental Quality Board," "board," "chair of the
board," "chair," "board's," and similar terms, when
they refer to the Environmental Quality Board or chair of the Environmental
Quality Board, to the term "commissioner of the Department of
Commerce," "commissioner," or "commissioner's," as
appropriate, where they appear in Minnesota Statutes, section 116C.83,
subdivision 6; and Minnesota Rules, parts 4400.1700, subparts 1 to 9, 11, and
12; 4400.2750; and 4410.7010 to 4410.7070.
Sec. 18. [EFFECTIVE
DATE.]
Sections 1 to 16 are effective July 1, 2005.
ARTICLE
4
MISCELLANEOUS
Section 1. Minnesota
Statutes 2004, section 216B.16, subdivision 6d, is amended to read:
Subd. 6d. [WIND ENERGY;
PROPERTY TAX.] An owner of a wind energy conversion facility which is required
to pay property taxes under section 272.02, subdivision 22, or production
taxes under section 272.029, and any related or successor provisions, or a
public utility regulated by the Public Utilities Commission which purchases the
wind-generated electricity may petition the commission to include in any
power purchase agreement between the owner of the facility and the public
utility the amount of property taxes and production taxes paid by the
owner of the facility. The Public
Utilities Commission shall require the public utility to amend the power
purchase agreement to include the property taxes and production taxes
paid by the owner of the facility in the price paid by the utility for wind-generated
electricity if the commission finds:
(1) the owner of the facility has paid the property taxes or
production taxes required by this subdivision;
(2) the power purchase agreement between the public utility and
the owner does not already require the utility to pay the amount of property
taxes or production taxes the owner has paid under this subdivision,
or, in the case of a power purchase agreement entered into prior to 1997, the
amount of property or production taxes paid by the owner in any year of the
power purchase agreement exceeds the amount of such property or production
taxes included in the price paid by the utility to the owner, as reflected in
the owner's bid documents; and
(3) the commission has approved a rate schedule containing
provisions for the automatic adjustment of charges for utility service in
direct relation to the charges ordered by the commission under section 272.02,
subdivision 22, or 272.029.
Sec. 2. Minnesota
Statutes 2004, section 216B.241, subdivision 1b, is amended to read:
Subd. 1b. [CONSERVATION
IMPROVEMENT BY COOPERATIVE ASSOCIATION OR MUNICIPALITY.] (a) This subdivision
applies to:
(1) a cooperative electric association that provides retail
service to its members;
(2) a municipality that provides electric service to retail
customers; and
(3) a municipality with gross operating revenues in excess of
$5,000,000 from sales of natural gas to retail customers.
(b) Each cooperative electric association and municipality
subject to this subdivision shall spend and invest for energy conservation
improvements under this subdivision the following amounts:
(1) for a municipality, 0.5 percent of its gross operating
revenues from the sale of gas and 1.5 percent of its gross operating revenues
from the sale of electricity, excluding gross operating revenues from electric
and gas service provided in the state to large electric customer facilities;
and
(2) for a cooperative electric association, 1.5 percent of its
gross operating revenues from service provided in the state, excluding gross
operating revenues from service provided in the state to large electric
customer facilities indirectly through a distribution cooperative electric
association.
(c) Each municipality and cooperative electric association
subject to this subdivision shall identify and implement energy conservation
improvement spending and investments that are appropriate for the municipality
or association, except that a municipality or association may not spend or
invest for energy conservation improvements that directly benefit a large
electric customer facility for which the commissioner has issued an exemption
under subdivision 1a, paragraph (b).
(d) Each municipality and cooperative electric association
subject to this subdivision may spend and invest annually up to ten percent of
the total amount required to be spent and invested on energy conservation
improvements under this subdivision on research and development projects that
meet the definition of energy conservation improvement in subdivision 1 and
that are funded directly by the municipality or cooperative electric
association.
(e) Load-management activities that do not reduce energy use
but that increase the efficiency of the electric system may be used to meet the
following percentage 50 percent of the conservation investment and
spending requirements of this subdivision:
(1) 2002 - 90 percent;
(2) 2003 - 80 percent;
(3) 2004 - 65 percent; and
(4) 2005 and thereafter - 50 percent.
(f) A generation and transmission cooperative electric
association that provides energy services to cooperative electric associations
that provide electric service at retail to consumers may invest in energy
conservation improvements on behalf of the associations it serves and may
fulfill the conservation, spending, reporting, and energy savings goals on an
aggregate basis. A municipal power
agency or other not-for-profit entity that provides energy service to municipal
utilities that provide electric service at retail may invest in energy
conservation improvements on behalf of the municipal utilities it serves and
may fulfill the conservation, spending, reporting, and energy savings goals on
an aggregate basis, under an agreement between the municipal power agency or
not-for-profit entity and each municipal utility for funding the investments.
(g) At least every two four years, on a
schedule determined by the commissioner, each municipality or cooperative shall
file an overview of its conservation improvement plan with the
commissioner. With this overview, the
municipality or cooperative shall also provide an evaluation to the
commissioner detailing its energy conservation improvement spending and
investments for the previous period.
The evaluation must briefly describe each conservation program and must
specify the energy savings or increased efficiency in the use of energy within
the service territory of the utility or association that is the result of the
spending and investments. The
evaluation must analyze the cost-effectiveness of the utility's or
association's conservation programs, using a list of baseline energy and
capacity savings assumptions developed in consultation with the
department. The commissioner shall
review each evaluation and make recommendations, where appropriate, to the
municipality or association to increase the effectiveness of conservation
improvement activities. Up to three
percent of a utility's conservation spending obligation under this section may
be used for program pre-evaluation, testing, and monitoring and program
evaluation. The overview and evaluation
filed by a municipality with less than 60,000,000 kilowatt hours in annual
retail sales of electric service may consist of a letter from the governing
board of the municipal utility to the department providing the amount of annual
conservation spending required of that municipality and certifying that the
required amount has been spent on conservation programs pursuant to this
subdivision.
(h) The commissioner shall also review each evaluation for
whether a portion of the money spent on residential conservation improvement
programs is devoted to programs that directly address the needs of renters and
low-income persons unless an insufficient number of appropriate programs are
available. For the purposes of this
subdivision and subdivision 2, "low-income" means an income at or
below 50 percent of the state median income.
(i) As part of its spending for conservation improvement, a
municipality or association may contribute to the energy and conservation
account. A municipality or association
may propose to the commissioner to designate that all or a portion of funds
contributed to the account be used for research and development projects that
can best be implemented on a statewide basis.
Any amount contributed must be remitted to the commissioner by February
1 of each year.
(j) A municipality may spend up to 50 percent of its required
spending under this section to refurbish an existing district heating or
cooling system. This paragraph expires
July 1, 2007.
Sec. 3. Minnesota Statutes
2004, section 216B.241, subdivision 2, is amended to read:
Subd. 2. [PROGRAMS.]
(a) The commissioner may require public utilities to make investments and
expenditures in energy conservation improvements, explicitly setting forth the
interest rates, prices, and terms under which the improvements must be offered
to the customers. The required programs
must cover no more than a determined by order of the
commissioner, but at least every four years. Plans received by a public utility by June 1 must be approved or
approved as modified by the commissioner by December 1 of that same year. The commissioner shall give special
consideration and encouragement to programs that bring about significant net
savings through the use of energy-efficient lighting. The commissioner shall evaluate the program on the basis of
cost-effectiveness and the reliability of technologies employed. The commissioner's order must provide to the
extent practicable for a free choice, by consumers participating in the
program, of the device, method, material, or project constituting the energy
conservation improvement and for a free choice of the seller, installer, or contractor
of the energy conservation improvement, provided that the device, method,
material, or project seller, installer, or contractor is duly licensed,
certified, approved, or qualified, including under the residential conservation
services program, where applicable. two-year four-year period. Public utilities shall file conservation
improvement plans by June 1, on a schedule
(b) The commissioner may require a utility to make an energy
conservation improvement investment or expenditure whenever the commissioner
finds that the improvement will result in energy savings at a total cost to the
utility less than the cost to the utility to produce or purchase an equivalent
amount of new supply of energy. The
commissioner shall nevertheless ensure that every public utility operate one or
more programs under periodic review by the department.
(c) Each public utility subject to subdivision 1a may spend and
invest annually up to ten percent of the total amount required to be spent and
invested on energy conservation improvements under this section by the utility
on research and development projects that meet the definition of energy
conservation improvement in subdivision 1 and that are funded directly by the
public utility.
(d) A public utility may not spend for or invest in energy
conservation improvements that directly benefit a large electric customer
facility for which the commissioner has issued an exemption pursuant to
subdivision 1a, paragraph (b). The
commissioner shall consider and may require a utility to undertake a program
suggested by an outside source, including a political subdivision or a
nonprofit or community organization.
(e) The commissioner may, by order, establish a list of
programs that may be offered as energy conservation improvements by a public
utility, municipal utility, cooperative electric association, or other entity
providing conservation services pursuant to this section. The list of programs may include rebates for
high-efficiency appliances, rebates or subsidies for high-efficiency lamps,
small business energy audits, and building recommissioning. The commissioner may, by order, change this
list to add or subtract programs as the commissioner determines is necessary to
promote efficient and effective conservation programs.
(f) The commissioner shall ensure that a portion of the money
spent on residential conservation improvement programs is devoted to programs
that directly address the needs of renters and low-income persons, in
proportion to the amount the utility has historically spent on such programs
based on the most recent three-year average relative to the utility's total
conservation spending under this section,. The utility shall make a good faith effort to ensure that its
conservation spending for the needs of renters and low-income persons increases
and decreases in approximately the same proportion as the total increase or
decrease in the utility's overall conservation spending, unless an
insufficient number of appropriate programs are available.
(g) A utility, a political subdivision, or a nonprofit or
community organization that has suggested a program, the attorney general
acting on behalf of consumers and small business interests, or a utility
customer that has suggested a program and is not represented by the attorney
general under section 8.33 may petition the commission to modify or revoke a
department decision under this section, and the commission may do so if it
determines that the program is not cost-effective, does not adequately address
the residential conservation improvement needs of low-income persons, has a
long-range negative effect on one or more classes of customers, or is otherwise
not in the public interest. The
commission shall reject a petition that, on its face, fails to make a
reasonable argument that a program is not in the public interest.
(h) The commissioner may order a
public utility to include, with the filing of the utility's proposed
conservation improvement plan under paragraph (a), the results of an
independent audit of the utility's conservation improvement programs and
expenditures performed by the department or an auditor with experience in the
provision of energy conservation and energy efficiency services approved by the
commissioner and chosen by the utility.
The audit must specify the energy savings or increased efficiency in the
use of energy within the service territory of the utility that is the result of
the spending and investments. The audit
must evaluate the cost-effectiveness of the utility's conservation programs.
(i) Up to three percent of a utility's conservation spending
obligation under this section may be used for program pre-evaluation, testing,
and monitoring and program audit and evaluation.
Sec. 4. Minnesota
Statutes 2004, section 216B.243, subdivision 6, is amended to read:
Subd. 6. [APPLICATION
FEES; RULES.] Any application for a certificate of need shall be accompanied by
the application fee required pursuant to this subdivision. The application fee is to be applied
toward the total costs reasonably necessary to complete the evaluation of need
for the proposed facility. The
maximum application fee shall be $50,000, except for an application for
an electric power generating plant as defined in section 216B.2421, subdivision
2, clause (1), or a high-voltage transmission line as defined in section
216B.2421, subdivision 2, clause (2), for which the maximum application
fee shall be $100,000. The
commission may require an additional fee to recover the costs of any
rehearing. The fee for a rehearing
shall not be greater than the actual cost of the rehearing or the maximum fee
specified above, whichever is less. Costs exceeding the application fee
and reasonably necessary to complete the evaluation of need for the proposed
facility shall be recovered from the applicant. If the applicant is a public utility, a cooperative electric
association, a generation and transmission cooperative electric association, a
municipal power agency, a municipal electric utility, or a transmission
company, the recovery shall be made as provided under section 216B.62. The
commission shall establish by rule pursuant to chapter 14 and sections 216C.05
to 216C.30 and this section, a schedule of fees based on the output or capacity
of the facility and the difficulty of assessment of need. Money collected in this manner shall be credited
to the general fund of the state treasury.
Sec. 5. Minnesota
Statutes 2004, section 216B.62, subdivision 5, is amended to read:
Subd. 5. [ASSESSING
COOPERATIVES AND MUNICIPALS.] The commission and department may charge
cooperative electric associations, generation and transmission cooperative
electric associations, municipal power agencies, and municipal electric
utilities their proportionate share of the expenses incurred in the review and
disposition of resource plans, adjudication of service area disputes,
proceedings under section 216B.1691, 216B.2425, or 216B.243, and
the costs incurred in the adjudication of complaints over service standards,
practices, and rates. Cooperative
electric associations electing to become subject to rate regulation by the
commission pursuant to section 216B.026, subdivision 4, are also subject to
this section. Neither a cooperative
electric association nor a municipal electric utility is liable for costs and
expenses in a calendar year in excess of the limitation on costs that may be
assessed against public utilities under subdivision 2. A cooperative electric association,
generation and transmission cooperative electric association, municipal power
agency, or municipal electric utility may object to and appeal bills of the
commission and department as provided in subdivision 4.
The department shall assess cooperatives and municipalities for
the costs of alternative energy engineering activities under section
216C.261. Each cooperative and
municipality shall be assessed in proportion that its gross operating revenues
for the sale of gas and electric service within the state for the last calendar
year bears to the total of those revenues for all public utilities,
cooperatives, and municipalities.
Sec. 6. Minnesota Statutes 2004, section 216C.41, subdivision 1, is
amended to read:
Subdivision 1.
[DEFINITIONS.] (a) The definitions in this subdivision apply to this
section.
(b) "Qualified hydroelectric facility" means a
hydroelectric generating facility in this state that:
(1) is located at the site of a dam, if the dam was in
existence as of March 31, 1994; and
(2) begins generating electricity after July 1, 1994, or
generates electricity after substantial refurbishing of a facility that begins
after July 1, 2001.
(c) "Qualified wind energy conversion facility" means
a wind energy conversion system in this state that:
(1) produces two megawatts or less of electricity as measured
by nameplate rating and begins generating electricity after December 31, 1996,
and before July 1, 1999;
(2) begins generating electricity after June 30, 1999, produces
two megawatts or less of electricity as measured by nameplate rating, and is:
(i) owned by a resident of Minnesota or an entity that is
organized under the laws of this state, is not prohibited from owning
agricultural land under section 500.24, and owns the land where the facility is
sited;
(ii) owned by a Minnesota small business as defined in section
645.445;
(iii) owned by a Minnesota nonprofit organization;
(iv) owned by a tribal council if the facility is located
within the boundaries of the reservation;
(v) owned by a Minnesota municipal utility or a Minnesota
cooperative electric association; or
(vi) owned by a Minnesota political subdivision or local
government, including, but not limited to, a county, statutory or home rule
charter city, town, school district, or any other local or regional
governmental organization such as a board, commission, or association; or
(3) begins generating electricity after June 30, 1999, produces
seven megawatts or less of electricity as measured by nameplate rating, and:
(i) is owned by a cooperative organized under chapter 308A
other than a Minnesota cooperative electric association; and
(ii) all shares and membership in the cooperative are held by
an entity that is not prohibited from owning agricultural land under section
500.24.
(d) "Qualified on-farm biogas recovery facility"
means an anaerobic digester system that:
(1) is located at the site of an agricultural operation; and
(2) is owned by an entity that is not prohibited from owning
agricultural land under section 500.24 and that owns or rents the land where
the facility is located; and
(3) begins generating electricity
after July 1, 2001.
(e) "Anaerobic digester system" means a system of
components that processes animal waste based on the absence of oxygen and
produces gas used to generate electricity.
Sec. 7. [LEGISLATIVE
FINDINGS.]
The legislature finds that broad participation by the public
and other interested and affected parties in proceedings of the Minnesota
Public Utilities Commission serves the public interest. The utilization of the Internet by the
commission and the Minnesota Department of Commerce, which maintains the
commission's records, to allow electronic access to commission documents has
expanded access to the commission's proceedings. E-filing, which will enable individuals to electronically file
documents in ongoing proceedings via the Internet and permit the electronic
retrieval of all documents filed, is an effective way to lower the costs and
increase the ease and efficiency of participation.
Sec. 8. [ESTABLISHMENT
OF E-FILING SYSTEM; ACCOUNT; APPROPRIATION.]
(a) The Public Utilities Commission's e-filing account is
established. The commission shall make
a onetime assessment to regulated utilities of $315,000, which must be
deposited in the account. Each public
utility, municipal utility, electric cooperative association, and
telecommunications carrier must be assessed in proportion to its respective
gross operating revenues for retail sales of gas, electric, or
telecommunications service in the state in the last calendar year.
(b) Revenue in the account is appropriated to the commission
for the costs associated with establishing an e‑filing system that allows
documents to be filed and retrieved via the Internet. Revenue in the account remains available until expended.
(c) The e-filing system must be operational by September 30,
2005.
Sec. 9. [STUDY;
BIODIESEL FUEL FOR HOME HEATING.]
(a) From the money available to the commissioner of commerce
for purposes of studies and technical assistance by the reliability
administrator under Minnesota Statutes, section 216C.052, and in conformity
with the goals and directives of Minnesota Statutes, section 16B.325, the
reliability administrator shall perform a comprehensive technical and economic
analysis of the benefits to be derived from using biodiesel fuel as defined in
Minnesota Statutes, section 239.77, subdivision 1, or biodiesel fuel blends, as
a home heating fuel. The analysis must
consider blends ranging from B2 to B100.
(b) Not later than March 15, 2007, the reliability
administrator shall report the results of the study and analysis to the
appropriate standing committees of the Minnesota senate and house of
representatives."
Delete the title and insert:
"A bill for an act relating to utilities; modifying and
adding provisions relating to alternative, clean, or renewable energy resource
development; regulating public utilities, power transmission companies and
facilities, and energy facilities; authorizing local power quality zones;
authorizing community-based energy development tariff; transferring various
siting authorities from Environmental Quality Board to Public Utilities
Commission; providing for commission oversight of reliability administrator;
modifying provisions relating to energy conservation; requiring commission to
establish e-filing system; requiring creation of stakeholder and working groups;
requiring studies and reports; making clarifying and technical changes;
appropriating money; amending Minnesota Statutes 2004,
sections 116C.52, subdivisions 2, 4; 116C.53, subdivision 2; 116C.57,
subdivisions 1, 2c, by adding a subdivision; 116C.575, subdivision 5; 116C.577;
116C.58; 116C.69, subdivisions 2, 2a; 216B.02, by adding a subdivision;
216B.16, subdivision 6d, by adding subdivisions; 216B.1645, subdivision 1;
216B.241, subdivisions 1b, 2; 216B.2421, subdivision 2; 216B.2425, subdivision
2, by adding a subdivision; 216B.243, subdivisions 3, 4, 5, 6, 8; 216B.50,
subdivision 1; 216B.62, subdivision 5, by adding a subdivision; 216B.79;
216C.052; 216C.41, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapters 216B; 216C."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Jobs and Economic Opportunity Policy and
Finance.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1418, A bill for an act relating to children;
requiring notification of noncustodial parents and the court of residence by
custodial parent with certain convicted persons; proposing coding for new law
in Minnesota Statutes, chapter 257.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 1529, A bill for an act relating to motor vehicles;
excluding cost of air bag repair or replacement and related repair costs from
motor vehicle damage calculations for salvage title and consumer disclosure
purposes; amending Minnesota Statutes 2004, sections 168A.04, subdivision 4;
168A.151, subdivision 1; 325F.6641, subdivisions 1, 2.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 1661, A bill for an act relating to education;
promoting character development education; amending Minnesota Statutes 2004,
sections 120B.23; 121A.03, subdivision 1; 121A.47, subdivision 14; 121A.55;
123A.06, subdivision 1; 126C.44; proposing coding for new law in Minnesota
Statutes, chapter 120B.
Reported the same back with the following amendments:
Page 1, line 15, after the second comma, insert "respect
for others, peacemaking," and after "are" insert
"not limited to, but may"
Page 1, line 16, delete "encouraged to"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 1856, A bill for an act relating to education;
requiring a secondary school law enforcement teacher to be licensed as a peace
officer; proposing coding for new law in Minnesota Statutes, chapter 122A.
Reported the same back with the following amendments:
Page 1, line 19, delete "but does not"
Page 1, line 20, delete "hold a secondary vocational
teacher license,"
Page 1, line 22, delete "this" and insert
"the"
Page 1, after line 24, insert:
"Subd. 3.
[EXCLUSIONS.] Teachers of law enforcement in community education programs
and adult and continuing education programs are excluded from the requirements
of this section."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1872, A bill for an act relating to government data
practices; clarifying the term preliminary draft; amending Minnesota Statutes
2004, section 13.605, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 1909, A bill for an act relating to natural
resources; proposing an amendment to the Minnesota Constitution by adding a
section to article XI; dedicating the sales and use tax receipts equal to a
sales and use tax of one-fourth of one percent on taxable sales and uses for
natural resource purposes; creating a game and fish heritage fund; creating a
clean water fund; establishing a Clean Waters Council; amending Minnesota
Statutes 2004, section 297A.94; proposing coding for new law in Minnesota
Statutes, chapters 84; 103F.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Taxes.
The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 1925, A bill for an act relating to human services;
making changes to licensing provisions and background studies; amending
Minnesota Statutes 2004, sections 13.46, subdivision 4; 245A.02, subdivision
17; 245A.03, subdivisions 2, 3; 245A.04, subdivisions 7, 13; 245A.07,
subdivisions 1, 3; 245A.08, subdivisions 2a, 5; 245A.14, by adding
subdivisions; 245A.144; 245A.16, subdivision 4; 245A.18; 245B.02, subdivision
10; 245B.055, subdivision 7; 245B.07, subdivision 8; 245C.03, subdivision 1;
245C.07; 245C.08, subdivisions 1, 2; 245C.15, subdivisions 1, 2, 3, 4; 245C.17,
subdivision 2; 245C.21, subdivision 2; 245C.22, subdivisions 3, 4; 245C.24,
subdivisions 2, 3; 245C.27, subdivision 1; 245C.28, subdivision 3; 245C.30,
subdivision 2; 260B.163, subdivision 6; 260C.163, subdivision 5; 518.165, by
adding subdivisions; 609A.03, subdivision 7; 626.556, subdivision 10i; 626.557,
subdivision 9d.
Reported the same back with the following amendments:
Page 5, after line 20, insert:
"Sec. 2. Minnesota
Statutes 2004, section 243.166, subdivision 7, is amended to read:
Subd. 7. [USE OF INFORMATION
DATA.] Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the information data provided under this
section is private data on individuals under section 13.02, subdivision
12. The information data
may be used only for law enforcement and corrections purposes. State-operated services, as defined in
section 246.014, is also authorized to have access to the data for the purposes
described in section 246.13, subdivision 2, paragraph (b)."
Page 44, after line 27, insert:
"Sec. 37.
Minnesota Statutes 2004, section 246.13, is amended to read:
246.13 [RECORD RECORDS OF PATIENTS AND RESIDENTS IN
RECEIVING STATE-OPERATED SERVICES.]
Subdivision 1.
[POWERS, DUTIES, AND AUTHORITY OF COMMISSIONER.] (a) The
commissioner of human services' office shall have, accessible only by consent
of the commissioner or on the order of a judge or court of record, a record
showing the residence, sex, age, nativity, occupation, civil condition, and
date of entrance or commitment of every person, in the state-operated services
facilities as defined under section 246.014 under exclusive control of the
commissioner; the date of discharge and whether such discharge was final; the
condition of the person when the person left the state-operated services
facility; the vulnerable adult abuse prevention associated with the person;
(b) The commissioner of human services shall cause to be
devised, installed, and operated an adequate system of records and statistics
which shall consist of all basic record forms, including patient personal
records and medical record forms, and the manner of their use shall be
precisely uniform throughout all state-operated services facilities.
Subd. 2.
[DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a) As used in this
section:
(1) "appropriate and necessary medical and other
records" includes patient medical records and other protected health
information as defined by Code of Federal Regulations, title 45, section
164.501, relating to a patient in a state-operated services facility, including
but not limited to the patient's treatment plan and abuse prevention plan that
is pertinent to the patient's ongoing care, treatment, or placement in a
community-based treatment facility or a health care facility that is not
operated by state-operated services, and includes information describing the
level of risk posed by a patient when the patient enters the facility;
(2) "community-based
treatment" means the community support services listed in section 245.462,
subdivision 6;
(3) "criminal history data" means those data
maintained or used by the Departments of Corrections and Public Safety and by
the supervisory authorities listed in section 13.84, subdivision 1, that relate
to an individual's criminal history or propensity for violence; including data
in the Corrections Offender Management System (COMS) and Statewide Supervision
System (S3) maintained by the Department of Corrections and the Criminal
Justice Information System (CJIS); the Predatory Offender Registration (POR)
system maintained by the Department of Public Safety; and the CriMNet system;
(4) "designated agency" means the agency defined
in section 253B.02, subdivision 5;
(5) "law enforcement agency" means the law
enforcement agency having primary jurisdiction over the location where the
offender expects to reside upon release;
(6) "predatory offender" and "offender"
mean a person who is required to register as a predatory offender under section
243.166; and
(7) "treatment facility" means a facility as
defined in section 253B.02, subdivision 19.
(b) To promote public safety and for the purposes and
subject to the requirements below, the commissioner or the commissioner's
designee shall have access to and review medical and criminal history data
provided by this section, as necessary to comply with Minnesota Rules, part
1205.0400:
(1) to determine whether a patient is required under state
law to register as a predatory offender according to section 243.166;
(2) to facilitate and expedite the responsibilities of the
special review board and end-of-confinement review committees by corrections
institutions and state treatment facilities;
(3) to prepare, amend, or revise the abuse prevention plans
required under section 626.557, subdivision 14, and individual patient
treatment plans required under section 253B.03, subdivision 7;
(4) to facilitate the custody, supervision, and
transport of individuals transferred between the Department of Corrections and
the Department of Human Services; or
(5) to facilitate the exchange of data between the
Department of Corrections, the Department of Human Services, and the
supervisory authorities listed in section 13.84, subdivision 1, regarding
individuals under the authority of one or more of these entities.
(c) The commissioner may have access to the National Crime
Information Center (NCIC) database, through the Department of Public Safety, in
support of the law enforcement functions described in paragraph (b).
Subd. 3.
[COMMUNITY-BASED TREATMENT AND MEDICAL TREATMENT.] (a) When a patient
under the care and supervision of state-operated services is released to a
community-based treatment facility or facility that provides health care
services, state-operated services may disclose all appropriate and necessary
health and other information relating to the patient.
(b) The information that must be provided to the designated
agency, community-based treatment facility, or facility that provides health
care services includes, but is not limited to, the patient's abuse prevention
plan required under section 626.557, subdivision 14, paragraph (b).
Subd. 4.
[PREDATORY OFFENDER REGISTRATION NOTIFICATION.] (a) When a
state-operated facility determines that a patient is required under section
243.166, subdivision 1, to register as a predatory offender or, under section
243.166, subdivision 4a, to provide notice of a change in status, the facility
shall provide written notice to the patient of the requirement.
(b) If the patient refuses, is unable, or lacks capacity to
comply with the requirement described in paragraph (a) within five days after
receiving the notification of the duty to comply, state-operated services staff
shall obtain and disclose the necessary data to complete the registration form
or change of status notification for the patient. The treatment facility shall also forward the registration or
change of status data that it completes to the Bureau of Criminal Apprehension
and, as applicable, the patient's corrections agent and the law enforcement
agency in the community in which the patient currently resides. If, after providing notification, the
patient refuses to comply with the requirements described in paragraph (a), the
treatment facility shall also notify the county attorney in the county in which
the patient is currently residing of the refusal.
(c) The duties of state-operated services described in this
subdivision do not relieve the patient of the ongoing individual duty to comply
with the requirements of section 243.166.
Subd. 5.
[PROCEDURE FOR BLOODBORNE PATHOGENS.] Sections 246.71 to 246.722
apply to state-operated services facilities.
Sec. 38. Minnesota
Statutes 2004, section 253B.18, subdivision 4a, is amended to read:
Subd. 4a. [RELEASE ON
PASS; NOTIFICATION.] A patient who has been committed as a person who is
mentally ill and dangerous and who is confined at a secure treatment facility or
has been transferred out of a state-operated services facility according to
section 253B.18, subdivision 6, shall not be released on a pass unless the
pass is part of a pass plan that has been approved by the medical director of
the secure treatment facility. The pass
plan must have a specific therapeutic purpose consistent with the treatment
plan, must be established for a specific period of time, and must have specific
levels of liberty delineated. The
county case manager must be invited to participate in the development of the
pass plan. At least ten days prior to a
determination on the plan, the medical director shall notify the designated
agency, the committing court, the county attorney of the county of commitment,
an interested person, the local law enforcement agency where the facility is
located, the local law enforcement agency in the location where the pass is
to occur, the petitioner, and the petitioner's counsel of the plan, the nature
of the passes proposed, and their right to
object to the plan. If any notified
person objects prior to the proposed date of implementation, the person shall
have an opportunity to appear, personally or in writing, before the medical
director, within ten days of the objection, to present grounds for opposing the
plan. The pass plan shall not be
implemented until the objecting person has been furnished that
opportunity. Nothing in this
subdivision shall be construed to give a patient an affirmative right to a pass
plan."
Page 47, after line 34, insert:
"Sec. 41.
Minnesota Statutes 2004, section 299C.093, is amended to read:
299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.]
The superintendent of the bureau of criminal apprehension shall
maintain a computerized data system relating to individuals required to
register as predatory offenders under section 243.166. To the degree feasible, the system must
include the information data required to be provided under
section 243.166, subdivisions 4 and 4a, and indicate the time period that the
person is required to register. The
superintendent shall maintain this information data in a manner
that ensures that it is readily available to law enforcement agencies. This information data is
private data on individuals under section 13.02, subdivision 12, but may be
used for law enforcement and corrections purposes. State-operated services, as defined in section 246.014, is
also authorized to have access to the data for the purposes described in section
246.13, subdivision 2, paragraph (b)."
Page 58, after line 12, insert:
"Sec. 48.
Minnesota Statutes 2004, section 626.557, subdivision 14, is amended to
read:
Subd. 14. [ABUSE
PREVENTION PLANS.] (a) Each facility, except home health agencies and personal
care attendant services providers, shall establish and enforce an ongoing
written abuse prevention plan. The plan
shall contain an assessment of the physical plant, its environment, and its
population identifying factors which may encourage or permit abuse, and a
statement of specific measures to be taken to minimize the risk of abuse. The plan shall comply with any rules
governing the plan promulgated by the licensing agency.
(b) Each facility, including a home health care agency and personal
care attendant services providers, shall develop an individual abuse prevention
plan for each vulnerable adult residing there or receiving services from
them. The plan shall contain an
individualized assessment of both the person's susceptibility to abuse
by other individuals, including other vulnerable adults, and the potential
risks posed by the person to the other patients, to facility staff, and to
others; and a statement of the specific measures to be taken to minimize
the risk of abuse to that person and others. For the purposes of this clause, the term "abuse"
includes self-abuse.
Sec. 49. [REPEALER.]
Minnesota Statutes 2004, section 246.017, subdivision 1, is
repealed."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "changing
provisions for state-operated services in access to data, records retention,
sharing information, and assisting patients required to register as a predatory
offender in completing registration forms; adding a notification provision for
certain patients released on pass; adding a provision to abuse prevention
plans;"
Page 1, line 5, after the first
semicolon, insert "243.166, subdivision 7;"
Page 1, line 15, after the second semicolon, insert "246.13;
253B.18, subdivision 4a;"
Page 1, line 16, after the second semicolon, insert
"299C.093;"
Page 1, line 18, delete "subdivision 9d" and insert
"subdivisions 9d, 14; repealing Minnesota Statutes 2004, section 246.017,
subdivision 1"
With the recommendation that when so amended the bill pass.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 1939, A bill for an act relating to local government;
permitting a group health insurance arrangement of local governments to provide
the same coverage to each participating governmental unit; amending Laws 1985,
chapter 85, section 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 2019, A bill for an act relating to human services;
allowing recovery of medical assistance from trusts and annuities; proposing
coding for new law in Minnesota Statutes, chapter 501B.
Reported the same back with the following amendments:
Page 4, line 13, delete "and annuities"
Page 4, line 14, after "spouse," insert "to
all annuities the recipient or a recipient's spouse own or have a beneficial
interest in,"
Page 4, delete line 36 and insert:
"(1) the unpaid principal and income of an annuity the
recipient owns or has an interest in, whether annuitized or equal to the
maximum amount payable to the recipient under the terms of the annuity
determined as though the recipient had lived long enough to be entitled to
receive them;"
Page 5, delete lines 1 to 5
Page 5, delete lines 20 to 27 and insert:
"(1) the unpaid principal and income of the annuity the
surviving spouse owns or has an interest in, whether annuitized or not, equal
to the maximum amount payable to the surviving spouse under the terms of the
annuity determined as though the surviving spouse had lived long enough to be
entitled to receive them; and"
Page 6, after line 28, insert:
"(b) As soon as practical after receiving notice of the
death of any person who owned or had any beneficial interest in an annuity and
who resided in this state at the time of the person's death, the administrator
of the annuity shall apply for a clearance of medical assistance claims under
this section. If the clearance states a
claim for medical assistance for anyone named in the application, the
administrator of the annuity shall pay the department or a county agency with
an allowed claim under section 256B.15 the lesser of the amount of medical
assistance stated in the clearance or the decedent's interest in the annuity as
determined under this section. The
administrator of the annuity shall pay the portion of the annuity due according
to the terms of the annuity and as though the decedent or surviving spouse were
still alive and entitled to receive payments under the annuity. The administrator may also settle the
administrator's obligations under this section and section 256B.15 with the
department or county agency upon mutually agreeable terms and conditions."
Page 6, line 29, delete "(b)" and insert
"(c)"
Page 6, line 36, delete "(c)" and insert
"(d)"
Page 13, after line 10, insert:
"Subd. 14.
[DISCLOSURE.] (a) An annuity contract or trust instrument must
contain a conspicuous disclosure on the front page of the existence and effects
of this section, including subdivision 1, paragraph (c).
(b) An application for medical assistance or general
assistance medical care must contain a conspicuous disclosure on the front page
of the existence and effects of this section."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health Policy and Finance.
The report was adopted.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 2023, A bill for an act relating to health; assessing
health maintenance organizations for purposes of the insurance fraud prevention
account; regulating certain rates, claims, filing, reporting, and information
disclosure practices; eliminating expanded provider network requirements;
amending Minnesota Statutes 2004, sections 45.0135, subdivision 7; 62D.145,
subdivision 2; 62E.05, subdivision 2; 62L.08, subdivision 8; 62Q.75; 72A.201,
subdivision 4; 72A.502, by adding a subdivision; 144.335, subdivision 3a;
256B.692, subdivision 2; 295.582; repealing Minnesota Statutes 2004, sections
62E.035; 62Q.095; 62Q.64.
Reported the same back with the following amendments:
Page 4, after line 29, insert:
"Sec. 5. Minnesota
Statutes 2004, section 62Q.64, is amended to read:
62Q.64 [DISCLOSURE OF EXECUTIVE COMPENSATION.]
(a) Each health plan company doing business in this state shall
annually file with the Consumer Advisory Board created in section 62J.75:
(1) a copy of the health plan
company's form 990 filed with the federal Internal Revenue Service; or
(2) if the health plan company did not file a form 990 with
the federal Internal Revenue Service, commissioner of commerce a
list of the amount and recipients of the health plan company's five highest
salaries, including all types of compensation, in excess of $50,000.
(b) A filing under this section is public data under section
13.03."
Page 5, line 1, delete "but not limited to,"
Page 7, line 3, reinstate the stricken language
Page 7, line 4, delete the new language
Page 8, line 5, reinstate the stricken language and delete the
new language
Page 8, line 6, delete the new language
Page 8, line 7, after "a" insert "health"
and delete "of accident and"
Page 8, line 8, delete "sickness insurance"
Page 8, line 9, delete everything after "62Q.75"
Page 8, delete line 10
Page 8, line 11, delete everything before the semicolon
Page 8, line 12, after "a" insert "health"
and delete "of accident and"
Page 8, line 13, delete "sickness insurance"
Page 16, line 25, after the first semicolon, insert "and"
and delete everything after "62Q.095"
Page 16, line 26, delete "62Q.64"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 9, after the third semicolon, insert
"62Q.64;"
Page 1, line 13, delete "; 62Q.64"
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on
Transportation to which was referred:
H. F. No. 2063, A bill for an act relating to public safety;
modifying motor vehicle, traffic regulation, and driver's license provisions
relating to commercial motor vehicles; making technical and clarifying changes;
modifying definitions of recreational vehicle, motor home, state, and tank
vehicle; prohibiting issuance of identification card to holder of driving
instruction permit; modifying driver's license classifications, restrictions,
exceptions, and exemptions; modifying driver records provisions; incorporating
federal regulations; amending Minnesota Statutes 2004, sections 168.011,
subdivision 25; 169.01, subdivision 75; 169A.52, subdivision 3; 171.01,
subdivisions 22, 47, by adding a subdivision; 171.02; 171.03; 171.04,
subdivision 2; 171.09; 171.12, subdivision 3; 171.165, subdivisions 1, 2, 6;
proposing coding for new law in Minnesota Statutes, chapter 171; repealing
Minnesota Statutes 2004, sections 169.99, subdivision 1b; 171.12, subdivision
6; 171.165, subdivisions 3, 4, 4a, 4b; Minnesota Rules, part 7503.2400.
Reported the same back with the following amendments:
Page 4, after line 11, insert:
"Sec. 3. Minnesota
Statutes 2004, section 169.01, subdivision 76, is amended to read:
Subd. 76. [HAZARDOUS
MATERIALS.] "Hazardous materials" means those materials found to be
hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, part 172, subpart F parts 100-185."
Page 5, after line 16, insert:
"Sec. 6. Minnesota
Statutes 2004, section 171.01, subdivision 35, is amended to read:
Subd. 35. [HAZARDOUS
MATERIALS.] "Hazardous materials" means those materials found to be
hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, part 172, subpart F parts 100-185."
Page 5, line 29, after "tank" insert ",
as defined in Code of Federal Regulations, title 49, section 178.320, including
a cargo tank or a portable tank as defined in Code of Federal Regulations,
title 49, section 171.8,"
Page 7, delete lines 29 and 30 and insert:
"(6) towing vehicles if:
(i) the towed vehicles have a gross vehicle weight of 10,000
pounds or less; or
(ii) the towed vehicles have a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a gross vehicle
weight of 26,000 pounds or less."
Page 16, delete lines 11 to 15 and insert:
"(2) the driver's record pertaining to violations of a
driver or vehicle out-of-service order must be kept for a period of at least
ten years; and
(3) the driver's record pertaining to felony convictions
in the commission of which a motor vehicle was used, to the alcohol-related
offenses and licensing actions listed in section 169A.03, subdivisions 20 and
21, and to violations of sections section 169.09, to
violations of section 169A.31, and to violations of section
171.24, subdivision 5, shall must"
Page 18, delete lines 4 to 8 and insert:
"Subd. 6.
[EXEMPTIONS.] (a) A disqualification shall not be imposed under
this section on a recreational equipment vehicle operator,
farmer, or firefighter authorized emergency vehicle operator
operating a commercial motor vehicle within the scope of section 171.02,
subdivision 2, paragraph (b).
(b) A conviction for a violation that occurred before August
1, 2005, while operating a vehicle that is not a commercial motor vehicle shall
not be counted as a first or subsequent violation for purposes of determining
the period for which a driver must be disqualified under this section."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 13, delete the second "subdivision" and
insert "subdivisions"
Page 1, line 14, after "75" insert ", 76"
and after "22," insert "35;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Public Safety Policy and Finance.
The report was adopted.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 2075, A bill for an act relating to human services;
limiting a contracting agreement between health plans or pharmacy benefits
manager and pharmacies; amending Minnesota Statutes 2004, section 295.582.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Taxes.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 2099, A bill for an act relating to elections;
limiting vouching by an individual as part of election day registration;
amending Minnesota Statutes 2004, section 201.061, subdivision 3.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 2121, A bill for an act relating to commerce;
requiring businesses that possess personal data to notify persons whose
personal information has been disclosed to unauthorized persons; proposing
coding for new law in Minnesota Statutes, chapter 325E.
Reported the same back with the following amendments:
Page 1, line 22, after "breach" insert ",
identify the individuals affected,"
Page 2, line 15, after the period, insert "Good faith
acquisition of personal information by an employee or agent of the person or
business for the purposes of the person or business is not a breach of the
security system, provided that the personal information is not used or subject
to further unauthorized disclosure."
Page 2, line 23, after "when" insert "either"
and delete "and" and insert "oder" and delete
"are" and insert "is"
Page 3, line 1, after "notice" insert "to
the most recent available address the person or business has in its records"
Page 3, after line 25, insert:
"Subd. 2.
[COORDINATION WITH CONSUMER REPORTING AGENCIES.] If a person discovers
circumstances requiring notification under this section of more than 1,000
persons at one time, the person shall also notify, without unreasonable delay,
all consumer reporting agencies that compile and maintain files on consumers on
a nationwide basis, as defined by United States Code, title 15, section 1681a,
of the timing, distribution, and content of the notices."
Page 3, line 26, delete "2" and insert "3"
Page 3, after line 28, insert:
"Subd. 4.
[EXEMPTION.] This section does not apply to any "financial
institution" as defined by United States Code, title 15, section 6809(3),
and to entities subject to the federal privacy and security regulations adopted
under the federal Health Insurance Portability and Accountability Act of 1996,
Public Law 104-191."
Page 3, line 29, delete "3" and insert "5"
and delete "(a) Any person" and insert "The attorney
general may enforce this section under section 8.31."
Page 3, delete lines 30 to 36
With the recommendation that when so amended the bill pass.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 2132, A bill for an act relating to education;
allowing students participating in Minnesota State High School League activities
in another district during a teachers' strike to maintain their eligibility to
play after the strike; amending Minnesota Statutes 2004, section 128C.02, by
adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 21, after the period, insert "Any
student who transfers to another district under this subdivision continues to
be fully eligible for all league activities."
With the recommendation that when so amended the bill pass.
The report was adopted.
Davids from the Committee on Agriculture and Rural Development
to which was referred:
H. F. No. 2146, A bill for an act relating to public safety;
requiring the commissioner of health to study and make recommendations
regarding use of an additive to anhydrous ammonia to prevent illicit use of
amphetamine.
Reported the same back with the following amendments:
Page 1, line 16, delete the semicolon and insert a comma
Page 1, line 17, delete everything after "additives"
and insert a comma
Page 1, delete lines 18 and 19
Page 1, line 20, delete everything before "and"
Page 1, line 23, after "2006," insert "or
as soon as the study is complete, if earlier,"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Agriculture, Environment and Natural
Resources Finance.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 2153, A bill for an act relating to children;
providing that husband of mother by assisted reproduction or artificial
insemination is treated as biological father of resulting child in certain
instances; amending Minnesota Statutes 2004, section 257.56, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 460, 806, 815, 1016, 1189, 1265, 1418, 1529, 1872,
1925, 1939, 2023, 2099, 2121, 2132 and 2153 were read for the second time.
SECOND READING OF SENATE BILLS
S. F. No. 370 was read for the second time.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The following House Files were introduced:
Bernardy, Goodwin and Moe introduced:
H. F. No. 2364, A bill for an act relating to education
finance; modifying the calculation of revenue for transition revenue; amending
Minnesota Statutes 2004, section 126C.10, subdivision 31.
The bill was read for the first time and referred to the
Committee on Education Finance.
Latz and Simon introduced:
H. F. No. 2365, A bill for an act relating to retirement;
Public Employees Retirement Association; providing survivor benefits to the
spouse of a police officer killed while on active duty in Iraq.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs.
Sykora introduced:
H. F. No. 2366, A bill for an act relating to education;
providing tax credit for scholarship granting organizations; amending Minnesota
Statutes 2004, section 290.01, subdivision 19c; proposing coding for new law in
Minnesota Statutes, chapters 124D; 290.
The bill was read for the first time and referred to the
Committee on Taxes.
Smith introduced:
H. F. No. 2367, A bill for an act relating to retirement;
correctional state employees retirement plan of the Minnesota State Retirement
System; establishing a process within the Department of Corrections for the
evaluation and recommendation of potential additional inclusions in plan
coverage; amending Minnesota Statutes 2004, section 352.91, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs.
Mariani and Greiling introduced:
H. F. No. 2368, A bill for an act relating to education;
providing funding for college in the schools; appropriating money; amending
Minnesota Statutes 2004, section 136A.101, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 124D.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Vandeveer introduced:
H. F. No. 2369, A bill for an act relating to health; creating
a presumption directing nutrition and hydration sufficient to sustain life;
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 Policy and Finance.
Lenczewski and Greiling introduced:
H. F. No. 2370, A bill for an act relating
to tax increment financing; prohibiting new tax increment financing districts or
certain modifications of existing districts; proposing coding for new law in
Minnesota Statutes, chapter 469.
The bill was read for the first time and referred to the
Committee on Taxes.
Anderson, B.; Gazelka; Simon and Nelson, P., introduced:
H. F. No. 2371, A bill for an act relating to claims against
the state; providing for settlement of various claims; increasing amount of
allowable reimbursement for certain damage by inmates; appropriating money;
amending Minnesota Statutes 2004, section 3.755.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Ruth introduced:
H. F. No. 2372, A bill for an act relating to taxation;
property; providing that certain personal property of an electric generation
facility is exempt; amending Minnesota Statutes 2004, section 272.02, by adding
a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Zellers; Peppin; Carlson; Finstad; Abrams; Peterson, S.;
Anderson, B.; Dean; Ellison; Hortman; Hilstrom; Hackbarth; Hausman; Nelson, M.;
Powell; Johnson, J.; Dittrich; Thao; Loeffler; Hornstein; Samuelson; Wilkin and
Sviggum introduced:
H. F. No. 2373, A bill for an act relating to health; providing
an exception to the hospital construction moratorium; amending Minnesota
Statutes 2004, section 144.551, subdivision 1.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
Clark introduced:
H. F. No. 2374, A bill for an act relating to the environment;
requiring the commissioner of the Pollution Control Agency to seek funding for
environmental justice mapping.
The bill was read for the first time and referred to the
Committee on Agriculture, Environment and Natural Resources Finance.
Otremba, Marquart, Eken, Moe, Davids,
Koenen, Lenczewski and Heidgerken introduced:
H. F. No. 2375, A bill for an act relating to taxation;
property; requiring the county auditor to notify certain property owners of
delinquent taxes; proposing coding for new law in Minnesota Statutes, chapter
280.
The bill was read for the first time and referred to the
Committee on Taxes.
Hausman introduced:
H. F. No. 2376, A bill for an act relating to taxation;
providing for a Metropolitan Council levy for transit and paratransit operating
costs; transferring certain motor vehicle sales tax proceeds to greater
Minnesota transit fund; amending Minnesota Statutes 2004, sections 297B.09,
subdivision 1; 473.388, subdivision 4; 473.446, subdivision 1, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Larson, Erhardt and Hausman introduced:
H. F. No. 2377, A bill for an act relating to highways;
reallocating proceeds from motor vehicle sales tax; amending Minnesota Statutes
2004, section 297B.09, subdivision 1.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Dorn, Ruth, Lieder and Hausman introduced:
H. F. No. 2378, A bill for an act relating to transportation;
authorizing issuance of trunk highway bonds for Mankato district headquarters
building; appropriating money.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Abeler, Thao and Gunther introduced:
H. F. No. 2379, A bill for an act relating to human services;
excluding certain participants in measuring MFIP work participation and the
self-support index; amending Minnesota Statutes 2004, section 256J.751,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Opportunity Policy and Finance.
Simon; Erhardt; Ruud; Peterson, S.; Scalze; Latz; Bernardy;
Lillie; Carlson; Lenczewski; Newman; Cox and Olson introduced:
H. F. No. 2380, A bill for an act relating to highways;
requiring reports by commissioner of transportation on major highway projects;
proposing coding for new law in Minnesota Statutes, chapter 174.
The bill was read for the first time and referred to the
Committee on Transportation.
CONSENT
CALENDAR
H. F. No. 1951, A bill for an act relating to human services;
changing long-term care provisions; amending Minnesota Statutes 2004, sections
144A.071, subdivision 1a; 256B.0913, subdivision 8; 256B.0915, subdivisions 1a,
6, 9.
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
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 692 was reported to the House.
Emmer moved that S. F. No. 692 be removed from the Consent
Calendar and be placed on the General Register. The motion prevailed.
S. F. No. 1466, A bill for an act relating to transportation;
clarifying seasonal load restrictions for utility vehicles; amending Minnesota
Statutes 2004, section 169.87, 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 1 nay as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Vandeveer
The bill was passed and its title agreed to.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen 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 7, 2005:
S. F. No. 1254; H. F. Nos. 563,
588 and 1458; S. F. No. 171; H. F. No. 128;
S. F. No. 451; H. F. Nos. 820 and 369; and
S. F. No. 392.
CALENDAR FOR THE DAY
S. F. No. 1254, A bill for an act relating to veterans;
designating the month of May each year as "Hire a Veteran Month" in
Minnesota; proposing coding for new law in Minnesota Statutes, chapter 10.
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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 563, A bill for an act relating to insurance;
permitting service cooperatives to provide group health coverage to private
employers; proposing coding for new law in Minnesota Statutes, chapter 123A.
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 2
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Davids
Hoppe
The bill was passed and its title agreed to.
H. F. No. 588 was reported to the House.
Wilkin and Goodwin moved to amend H. F. No. 588, the first
engrossment, as follows:
Page 2, line 20, after the period insert "The insurer
must require that a copy of this written list be provided, prior to the
effective date of the health benefit plan, to each employee who is eligible for
health coverage under the employer's plan."
The motion prevailed and the amendment was adopted.
H. F. No. 588, A bill for an act relating to insurance;
permitting flexible benefits plans for small employer group health coverage;
proposing coding for new law in Minnesota Statutes, chapter 62L.
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 90 yeas and 41
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eastlund
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Johnson, R.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Opatz
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Poppe
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simon
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Bernardy
Carlson
Clark
Davnie
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilty
Hornstein
Jaros
Johnson, S.
Kahn
Kelliher
Koenen
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Otremba
Paymar
Peterson, A.
Peterson, S.
Rukavina
Sailer
Scalze
Sertich
Sieben
Slawik
Solberg
Thao
Wagenius
Walker
The bill was passed, as amended, and its title agreed to.
H. F. No. 1458, A bill for an act relating to state government;
requiring the Minnesota Historical Society to request the continued display of specified
portraits in the Capitol building.
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 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
Paulsen moved that the remaining bills on the Calendar for
the Day be continued. The motion
prevailed.
MOTIONS AND RESOLUTIONS
Lenczewski moved that the name of Liebling be added as an
author on H. F. No. 10.
The motion prevailed.
Rukavina moved that the name of Loeffler be added as an author
on H. F. No. 48. The
motion prevailed.
Abeler moved that the name of Davids be added as an author on
H. F. No. 586. The
motion prevailed.
Paymar moved that his name be stricken as an author on
H. F. No. 655. The
motion prevailed.
Abeler moved that the name of Dorn be added as an author on
H. F. No. 670. The
motion prevailed.
Zellers moved that the name of Hortman be added as an author on
H. F. No. 852. The
motion prevailed.
Buesgens moved that the name of Klinzing be added as an author
on H. F. No. 1229. The
motion prevailed.
Bradley moved that the name of Klinzing be added as an author
on H. F. No. 1312. The
motion prevailed.
Slawik moved that the name of Bernardy be added as an author on
H. F. No. 1329. The
motion prevailed.
Westrom moved that the names of Dorn, Heidgerken and Ruth be
added as authors on H. F. No. 1344. The motion prevailed.
Gunther moved that the name of Ruth be added as an author on
H. F. No. 1389. The
motion prevailed.
Nelson, P., moved that the name of Solberg be added as an
author on H. F. No. 1400.
The motion prevailed.
Krinkie moved that the name of Hausman be added as an author on
H. F. No. 1713. The
motion prevailed.
Davnie moved that the name of Bernardy be added as an author on
H. F. No. 1943. The
motion prevailed.
Charron moved that the names of Dean and Bernardy be added as
authors on H. F. No. 2078.
The motion prevailed.
Emmer moved that the name of Greiling be added as an author on
H. F. No. 2116. The
motion prevailed.
Tingelstad moved that the name of Nelson, M., be added as an
author on H. F. No. 2143.
The motion prevailed.
Krinkie moved that the name of Liebling be added as an author
on H. F. No. 2178. The
motion prevailed.
Nelson, P., moved that the name of Charron be added as an
author on H. F. No. 2286.
The motion prevailed.
Mullery moved that the name of Nelson, M., be added as an author
on H. F. No. 2328. The
motion prevailed.
Sailer moved that the name of Kahn be added as an author on
H. F. No. 2332. The
motion prevailed.
Lenczewski moved that the name of Moe be added as an author on
H. F. No. 2339. The
motion prevailed.
Eken moved that the name of Moe be added as an author on
H. F. No. 2345. The
motion prevailed.
Wagenius moved that the name of Kahn be added as an author on
H. F. No. 2346. The
motion prevailed.
Lanning moved that the name of Moe be added as an author on
H. F. No. 2357. The
motion prevailed.
Vandeveer moved that H. F. No. 1008 be recalled
from the Committee on Jobs and Economic Opportunity Policy and Finance and be
re-referred to the Committee on Public Safety Policy and Finance. The motion prevailed.
Ruud moved that H. F. No. 1210 be recalled from
the Committee on Education Finance and be re-referred to the Committee on
Governmental Operations and Veterans Affairs.
The motion prevailed.
Brod moved that H. F. No. 1220 be recalled from
the Committee on Civil Law and Elections and be re-referred to the Committee on
Jobs and Economic Opportunity Policy and Finance. The motion prevailed.
Ruth moved that H. F. No. 1907 be recalled from
the Committee on Taxes and be re-referred to the Committee on Transportation
Finance. The motion prevailed.
Sykora moved that H. F. No. 2334 be recalled
from the Committee on Education Policy and Reform and be re‑referred to
the Committee on Education Finance. The
motion prevailed.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 3:30 p.m., Monday, April 11, 2005.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 3:30 p.m., Monday, April 11, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives