STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2009
_____________________
FORTY-NINTH DAY
Saint Paul, Minnesota, Thursday, May 7, 2009
����� The House of Representatives convened at
9:30 a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the
House.
����� Prayer was offered by Dr. W. Edward
Glenny, Chisago Lakes Baptist Church, Chisago Lakes, Minnesota.
����� The members of the House gave the pledge
of allegiance to the flag of the United States of America.
����� The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� A quorum was present.
����� Magnus was excused.
����� Hoppe was excused until 11:25 a.m.� Davids was excused until 1:35 p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� Brown
moved that further reading of the Journal be dispensed with and that the
Journal be approved as corrected by the Chief Clerk.� The motion prevailed.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Solberg
from the Committee on Ways and Means to which was referred:
H. F. No.
108, A bill for an act relating to traffic regulations; making seat belt
violation a primary offense in all seating positions regardless of age; making
technical changes; amending Minnesota Statutes 2008, sections 169.686,
subdivisions 1, 2, by adding a subdivision; 171.05, subdivision 2b; 171.055,
subdivision 2.
Reported
the same back with the recommendation that the bill pass.
����� The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 696, A bill for an act relating to state lands; providing for
certain private sales to resolve trespass issues; authorizing acquisition of
certain easements; modifying management authority for tax-forfeited lands;
adding to and deleting from certain state parks; removing land from the
Minnesota wild and scenic rivers program; authorizing public and private sales
of surplus state land; providing for certain leases; modifying previous sales
authorization and land description; requiring location of sites for veterans
cemetery; amending Minnesota Statutes 2008, sections 84.0273; 282.04,
subdivision 1; Laws 2007, chapter 131, article 2, section 38; Laws 2008,
chapter 368, article 1, sections 21, subdivisions 4, 5; 34; proposing coding
for new law in Minnesota Statutes, chapter 84.
Reported the same back with the recommendation that the bill pass.
����� The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 927, A bill for an act relating to labor and industry; modifying
construction codes and licensing; requiring rulemaking; amending Minnesota
Statutes 2008, sections 326B.082, subdivision 12; 326B.084; 326B.121, by adding
a subdivision; 326B.43, subdivision 1, by adding a subdivision; 326B.435,
subdivisions 2, 6; 326B.475, subdivisions 1, 6; 326B.50, subdivision 3, by
adding a subdivision; 326B.52; 326B.53; 326B.55; 326B.57; 326B.58; 326B.59;
326B.801; 326B.84; 326B.921, subdivision 1; 326B.974; proposing coding for new
law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2008,
section 326B.43, subdivision 5.
Reported the same back with the following amendments:
Page 7, delete section 11
Page 8, delete section 12
Page 14, line 6, delete "provide" and insert "allow
to occur"
Renumber the sections in sequence and correct the internal references
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 1193, A bill for an act relating to claims against the state;
providing for settlement of various claims; appropriating money.
Reported the same back with the recommendation that the bill pass.
����� The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 1218, A bill for an act relating to state government; ratifying
state labor contracts.
Reported the same back with the recommendation that the bill pass.
����� The report was adopted.
Carlson from the Committee on Finance to which was referred:
H. F. No. 1231, A bill for an act relating to state government;
appropriating money from dedicated funds for natural resource and cultural
heritage purposes.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
OUTDOOR HERITAGE FUND
����� Section 1.�
OUTDOOR HERITAGE FUND
APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article.� The
appropriations are from the outdoor heritage fund and are available for the
fiscal years indicated for each purpose.�
The figures "2010" and "2011" used in this article
mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2010, or June 30, 2011, respectively. "The first
year" is fiscal year 2010. "The second year" is fiscal year
2011. "The biennium" is fiscal years 2010 and 2011.
������������������������������������������������������������������������������������������������������������������������������������������������������������ APPROPRIATIONS
���������������������������������������������������������������������������������������������������������������������������������������������������������� Available for the Year
���������������������������������������������������������������������������������������������������������������������������������������������������������������� Ending June 30
�������������������������������������������������������������������������������������������������������������������������������������������������� 2010������������������������������������� 2011
����� Sec.
2.� OUTDOOR
HERITAGE ��������������������������������������������������������������������������������������������������������������������������������������������
����� Subdivision
1.� Total Appropriation ��������� ���������������������������� �������������������������������� $69,230,000�������������������������������� $-0-
This appropriation is from the outdoor
heritage fund.
The amounts that may be spent for each
purpose are specified in the following subdivisions.
����� Subd.
2.� Prairies ������������������������������������������������������������������������ ���������������������������������� 14,213,000���������������������������������� -0-
(a) Accelerated
Prairie and Grassland Management
$1,700,000 in fiscal year 2010 is to
the commissioner of natural resources to accelerate the restoration and
enhancement of native prairie vegetation on public lands, including
roadsides.� A list of proposed projects, describing
the types and locations of restorations and enhancements, must be provided as
part of the required accomplishment plan.�
To the extent possible, prairie restorations conducted with money
appropriated in this section must plant vegetation or sow seed only of ecotypes
native to Minnesota, and preferably of the local ecotype, using a high
diversity of species originating from as close to the restoration site as
possible, and protect existing native prairies from genetic contamination.
(b) Green Corridor
Legacy Program
$1,617,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with the Southwest
Initiative Foundation or successor to acquire land for purposes allowed under
the Minnesota Constitution, article XI, section 15, in Redwood County to be
added to the state outdoor recreation system as defined in Minnesota Statutes,
chapter 86A.� A list of proposed fee
title acquisitions must be provided as part of the required accomplishment
plan.� The commissioner of natural
resources must agree to each proposed acquisition.� No more than five percent of this
appropriation may be spent on professional services directly related to this
appropriation's purposes.
(c) Prairie
Heritage Fund ─ Acquisition and Restoration
$3,000,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with Pheasants Forever
or successor to acquire and restore land to be added to the state wildlife
management area system.� A list of
proposed fee title acquisitions and a list of proposed restoration projects,
describing the types and locations of restorations, must be provided as part of
the required accomplishment plan.� The
commissioner of natural resources must agree to each proposed acquisition.� To the extent possible, prairie restorations
conducted with money appropriated in this section must plant vegetation or sow
seed only of ecotypes native to Minnesota, and preferably of the local ecotype,
using a high diversity of species originating from as close to the restoration
site as possible, and protect existing native prairies from genetic
contamination.
(d) Accelerated
Prairie Grassland Wildlife Management Area Acquisition
$3,913,000 in fiscal year 2010 is to
the commissioner of natural resources to acquire land for wildlife management
areas with native prairie or grassland habitats.� A list of proposed fee title acquisitions
must be provided as part of the required accomplishment plan.
(e) Northern
Tall Grass Prairie National Wildlife Refuge Protection
$1,583,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with the United States
Fish and Wildlife Service to acquire land or permanent easements within the
Northern Tall Grass Prairie Habitat Preservation Area in western Minnesota.� The commissioner may advance funds to the
United States Fish and Wildlife Service.�
A list of proposed fee title and permanent easement acquisitions must be
provided as part of the required accomplishment plan.� Land acquired for these purposes must remain
in the possession of a state or local government or private party based in
Minnesota; a permanent easement may be granted.
(f) Bluffland
Prairie Protection Initiative
$500,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with the Minnesota Land
Trust or successor to acquire permanent easements protecting critical prairie
and grassland habitats in the blufflands in southeastern Minnesota.� A list of proposed fee title and permanent
easement acquisitions must be provided as part of the required accomplishment
plan.
(g) Rum River ─
Cedar Creek Initiative
$1,900,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with Anoka County to
acquire land at the confluence of the Rum River and Cedar Creek in Anoka
County.� Acquired land must remain open
to hunting and fishing, consistent with the capacity of the land, during the
open season, as determined by the commissioner of natural resources.� This is the first of two planned
appropriations for this acquisition.
����� Subd.
3.� Forests ������������������������������������������������������������������������� ���������������������������������� 20,000,000���������������������������������� -0-
$20,000,000 in fiscal year 2010 is to
the commissioner of natural resources to acquire land or permanent working
forest easements on private forests in areas identified through the state forest
for the future program.� Priority must be
given to acquiring land or interests in private lands within existing Minnesota
state forest
boundaries.� Any easements acquired must have a forest
management plan as described in Minnesota Statutes, section 290C.02,
subdivision 7.� A list of proposed fee
title and easement acquisitions must be provided as part of the required
accomplishment plan.� The appropriation
is available for closings taking place after April 30, 2010.� This is the first of two planned appropriations
for this program.� The commissioner
shall, prior to acquiring land or interests under this provision, certify in
writing that sound management of such land is assured, and sufficient assurance
is contained in the legally binding language of any agreement.� This written determination by the
commissioner shall be published in the State Register.
����� Subd.
4.� Wetlands ��������������������������������������������������������������������� ���������������������������������� 20,536,000���������������������������������� -0-
(a) Accelerated
Wildlife Management Area Acquisition
$2,900,000 in fiscal year 2010 is to
the commissioner of natural resources to acquire land for wildlife management
areas.� A list of proposed fee title
acquisitions must be provided as part of the required accomplishment plan.
(b) Accelerated
Shallow Lake Restorations and Enhancements
$2,528,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with Ducks Unlimited,
Inc. or successor to restore and enhance shallow lake habitats.� Up to $400,000 of this appropriation may be
used for permanent easements related to shallow lake restorations and
enhancements.� A list of proposed
easements and projects, describing the types and locations of easements,
restorations, and enhancements, must be provided as part of the required
accomplishment plan.� The commissioner of
natural resources must agree to each easement, restoration, and enhancement.
(c) Accelerate
the Waterfowl Production Area Program in Minnesota
$5,600,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with Pheasants Forever
or successor to acquire and restore wetland and related upland habitats, in
cooperation with the United States Fish and Wildlife Service and Ducks
Unlimited, Inc. or successor to be managed as waterfowl production areas.� A list of proposed acquisitions and a list of
proposed projects, describing the types and locations of restorations, must be
provided as part of the required accomplishment plan.
(d) Shallow Lake
Critical Shoreland
$450,000 in fiscal year 2010 is to the
commissioner of natural resources for an agreement with Ducks Unlimited, Inc.
or successor to protect habitat by acquiring land associated with
shallow lakes.� A list of proposed acquisitions must be
provided as part of the required accomplishment plan.� The commissioner of natural resources must
agree to each proposed acquisition.
(e) Reinvest in
Minnesota Wetlands Reserve Program Acquisition and Restoration
$9,058,000 in fiscal year 2010 is to
the Board of Water and Soil Resources to acquire permanent easements and
restore wetlands and associated uplands in cooperation with the United States
Department of Agriculture Wetlands Reserve Program.� A list of proposed acquisitions and a list of
proposed projects, describing the types and locations of restorations, must be
provided as part of the required accomplishment plan.
����� Subd.
5.� Fish, Game, and Wildlife Habitat ������������������������������������������������������������ 13,903,000���������������������������������� -0-
(a) Outdoor
Heritage Conservation Partners Grant Program
4,000,000 in fiscal year 2010 is to
the commissioner of natural resources to provide competitive, matching grants
of up to $400,000 to local, regional, state, and national organizations,
including government, for enhancement, restoration, or protection of forests,
wetlands, prairies, and habitat for fish, game, or wildlife in Minnesota.� Up to 2-1/2 percent of this appropriation may
be used for administering the grant.� The
funds may be advanced in three equal sums, on or after November 1, 2009,
February 1, 2010, and April 1, 2010.�
Grantees may protect land through acquisition of land or interests in
land.� Easements must be permanent.� Land acquired in fee must be open to hunting
and fishing during the open season unless otherwise provided by state law.� The commissioner of natural resources must agree
to each proposed acquisition of land or interest in land.� The program shall require a match of at least
$1 nonstate funds to $10 state funds.�
The nonstate dollars match may be in-kind.� The criteria for evaluating grant
applications must include amount of habitat restored, enhanced, or protected;
local support; degree of collaboration; urgency; multiple benefits; habitat
benefits provided; consistency with sound conservation science; adjacency to
protected lands; full funding of the project; supplementing existing funding;
public access for hunting and fishing during the open season; sustainability;
and use of native plant materials.� All
projects must conform to the Minnesota statewide conservation and preservation
plan.� Wildlife habitat projects must
also conform to the state wildlife action plan.�
Priority shall be given to projects acquiring land or easements
associated with existing wildlife management areas.� All restoration or enhancement projects must
be on land permanently protected by conservation easement or public ownership.� To the extent possible, prairie restorations
conducted with money appropriated in this section must plant vegetation or sow
seed only of ecotypes native to Minnesota, and preferably of
the local ecotype, using a high
diversity of species originating from as close to the restoration site as possible,
and protect existing native prairies from genetic contamination.� Subdivision 10 applies to grants awarded
under this paragraph.� This appropriation
is available until June 30, 2013, at which time all grant projects must be
completed and final products delivered, unless an earlier date is specified in
the grant agreement.� No less than 15
percent of the amount of each grant must be held back from reimbursement until
the grant recipient has completed a grant accomplishment report in the form
prescribed by and satisfactory to the Outdoor Heritage Council.
(b) Aquatic
Management Area Acquisition
$5,748,000 in fiscal year 2010 is to
the commissioner of natural resources to acquire land in fee title and easement
to be added to the state aquatic management area system.� Acquired land must remain open to hunting and
fishing, consistent with the capacity of the land, during the open season, as
determined by the commissioner of natural resources.� A list of proposed fee title and easement
acquisitions must be provided as part of the required accomplishment plan.
(c) Cold Water
River and Stream Restoration, Protection, and Enhancement
$2,050,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with Trout Unlimited or
successor to restore, enhance, and protect cold water river and stream habitats
in Minnesota.� A list of proposed
acquisitions and a list of proposed projects, describing the types and
locations of restorations and enhancements, must be provided as part of the
required accomplishment plan.� The
commissioner of natural resources must agree to each proposed acquisition,
restoration, and enhancement.
(d) Dakota
County Habitat Protection
$1,000,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with Dakota County for
acquisition of permanent easements.� A
list of proposed acquisitions must be provided as part of the required
accomplishment plan.
(e) Lake
Rebecca Water Quality Improvement Project
$450,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with the Three Rivers
Park District to improve the water quality in Lake Rebecca in Lake Rebecca Park
Reserve in Hennepin County.� A
description of the activities to enhance fish habitat in Lake Rebecca must be
provided as part of the required accomplishment plan.
(f) Fountain
Lake Fish Barriers
$655,000 in fiscal year 2010 is to
the commissioner of natural resources for an agreement with the Shell Rock
River Watershed District to construct fish barriers at three locations on
Fountain Lake.� Land acquisition
necessary for fish barrier construction is permitted.� A list of proposed projects, describing the
types and locations of barriers, must be provided as part of the required
accomplishment plan.� The commissioner of
natural resources must agree to each proposed barrier.
����� Subd.
6.� Administration and Other ���������� ���������������������������� ���������������������������������������� 578,000���������������������������������� -0-
(a) Contract
Management
$175,000 in fiscal year 2010 is to
the commissioner of natural resources for contract management in fiscal years
2010 and 2011 for duties assigned in this section.
(b) Legislative
Coordinating Commission
$403,000 in fiscal year 2010 is to
the Legislative Coordinating Commission for administrative expenses of the
Outdoor Heritage Council and for compensation and expense reimbursement of
council members.� Up to $100,000 may be
transferred to the water recreation account as reimbursement for advances to
the Outdoor Heritage Council made in fiscal year 2009.� No more than 1.25 full-time equivalent staff
positions may be created with these funds.�
Excess funds not required for the purposes of this section shall be
returned by the Legislative Coordinating Commission.
����� Subd.
7.� Availability of Appropriation
Unless otherwise provided, the
amounts in this section are available until June 30, 2011, when projects must
be completed and final accomplishments reported.� For acquisition of an interest in real
property, the amounts in this section are available until June 30, 2012.� If a project receives federal funds, the time
period of the appropriation is extended to equal the availability of federal
funding.
����� Subd.
8.� Cash Advances
When the project authorized under
subdivision 3 would be impeded by projected cash deficiencies resulting from
delays in the receipt of dedicated income, and when the deficiencies would be
corrected within fiscal year 2010, the commissioner of finance may use
fund-level cash reserves to meet cash demands of the project.� If funds are transferred from the general
fund to meet cash flow needs, the cash flow transfers must be returned to the
general fund as soon as sufficient cash balances are available in the outdoor
heritage fund.� Any interest earned on general fund cash flow
transfers accrues to the general fund and not to the outdoor heritage fund.
����� Subd.
9.� Accomplishment Plans
It is a condition of acceptance of
the appropriations made by this section that the agency or entity using the
appropriation shall submit to the council an accomplishment plan and periodic
accomplishment reports in the form determined by the Outdoor Heritage
Council.� The accomplishment plan must
account for the use of the appropriation and outcomes of the expenditure in
measures of wetlands, prairies, forests, and fish, game, and wildlife habitat
restored, protected, and enhanced.� The
plan must include evaluation of results.�
None of the money provided in this section may be expended unless the
council has approved the pertinent accomplishment plan.
����� Subd.
10.� Project Requirements
(a) As a condition of accepting an
appropriation in this section, any agency or entity receiving an appropriation
must, for any project funded in whole or in part with funds from the
appropriation:
(1) plant vegetation or sow seed only
of ecotypes native to Minnesota, and preferably of the local ecotype, using a
high diversity of species originating from as close to the restoration site as possible,
and protect existing native prairies from genetic contamination, to the extent
possible if conducting prairie restorations is a component of the
accomplishment plan;
(2) provide that all easements:
(i) are permanent;
(ii) specify the parties to an
easement in the easement;
(iii) specify all of the provisions
of an agreement that are permanent;
(iv) are sent to the office of the
Outdoor Heritage Council; and
(v) include a long-term stewardship
plan and funding for monitoring and enforcing the easement agreement;
(3) for all restorations, prepare an
ecological restoration and management plan that, to the degree practicable, is
consistent with the highest quality conservation and ecological goals for the
restoration site.� Consideration should be
given to soil, geology, topography, and other relevant factors that would
provide the best chance for long-term success of the restoration projects.� The plan
shall include the proposed timetable
for implementing the restoration, including, but not limited to, site
preparation, establishment of diverse plant species, maintenance, and
additional enhancement to establish the restoration; identify long-term
maintenance and management needs of the restoration and how the maintenance,
management, and enhancement will be financed; and use the best available
science to achieve the best restoration;
(4) for new lands acquired, prepare a
restoration and management plan in compliance with clause (3), including
identification of sufficient funding for implementation;
(5) to ensure public accountability
for the use of public funds, provide to the Outdoor Heritage Council
documentation of the selection process used to identify parcels acquired and
provide documentation of all related transaction costs, including, but not
limited to, appraisals, legal fees, recording fees, commissions, other similar
costs, and donations.� This information
must be provided for all parties involved in the transaction.� The recipient shall also report to the
Outdoor Heritage Council any difference between the acquisition amount paid to
the seller and the state-certified or state-reviewed appraisal.� Acquisition data such as appraisals may
remain private during negotiations but must ultimately be made public according
to Minnesota Statutes, chapter 13;
(6) provide that all restoration and
enhancement projects are on land permanently protected by conservation easement
or public ownership;
(7) to the extent the appropriation
is used to acquire an interest in real property, provide to the Outdoor
Heritage Council and the commissioner of finance an analysis of increased
operations and maintenance costs likely to be incurred by public entities as a
result of the acquisition and of how these costs may be paid for; and
(8) give consideration to and make
timely written contact with the Minnesota Conservation Corps for consideration
of possible use of their services to contract for restoration and enhancement
services.
����� Subd.
11.� Payment Conditions and Capital Equipment Expenditures
All agreements, grants, or contracts
referred to in this section must be administered on a reimbursement basis
unless otherwise provided in this section.�
Payments for reimbursement may not be made before November 1, 2009.� Notwithstanding Minnesota Statutes, section
16A.41, expenditures directly related to each appropriation's purpose made on
or after July 1, 2009, are eligible for reimbursement unless otherwise provided
in this section.�
Periodic payment must be made upon
receiving documentation that the deliverable items articulated in the approved
accomplishment plan have been achieved, including partial achievements as
evidenced by approved progress reports.�
Reasonable amounts may be advanced to projects to accommodate cash flow
needs or to match federal share.� The
advances must be approved as part of the accomplishment plan.� Capital equipment expenditures in excess of
$10,000 must be approved as part of the accomplishment plan.
����� Subd.
12.� Purchase of Recycled and Recyclable Materials
A political subdivision, public or
private corporation, or other entity that receives an appropriation in this
section must use the appropriation in compliance with Minnesota Statutes,
sections 16B.121, regarding purchase of recycled, repairable, and durable
materials, and 16B.122, regarding purchase and use of paper stock and printing.
����� Subd.
13.� Zugänglichkeit
Structural and nonstructural
facilities must meet the design standards in the Americans with Disabilities
Act (ADA) accessibility guidelines.
����� Subd.
14.� Land Acquisition Restrictions
(a) An interest in real property,
including but not limited to an easement or fee title, that is acquired with
money appropriated under this section must be used in perpetuity or for the
specific term of an easement interest for the purpose for which the
appropriation was made.
(b) A recipient of funding who
acquires an interest in real property subject to this subdivision may not alter
the intended use of the interest in real property or convey any interest in the
real property acquired with the appropriation without the prior review and
approval of the Outdoor Heritage Council or its successor.� The council shall establish procedures to
review requests from recipients to alter the use of or convey an interest in
real property.� These procedures shall
allow for the replacement of the interest in real property with another
interest in real property meeting the following criteria:
(1) the interest is at least equal in
fair market value, as certified by the commissioner of natural resources, to
the interest being replaced; and
(2) the interest is in a reasonably
equivalent location and has a reasonably equivalent useful conservation purpose
compared to the interest being replaced.
(c) A recipient of funding who
acquires an interest in real property under paragraph (a) must separately
record a notice of funding restrictions in the appropriate local government
office where the conveyance of the interest in real property is filed.� The notice of funding agreement must contain:
(1) a legal description of the
interest in real property covered by the funding agreement;
(2) a reference to the underlying
funding agreement;
(3) a reference to this section; and
(4) the following statement:
"This interest in real property shall be administered in accordance with
the terms, conditions, and purposes of the grant agreement controlling the
acquisition of the property.� The
interest in real property, or any portion of the interest in real property,
shall not be sold, transferred, pledged, or otherwise disposed of or further
encumbered without obtaining the prior written approval of the Outdoor Heritage
Council or its successor.� If the holder
of the interest in real property fails to comply with the terms and conditions
of the grant agreement or work program, ownership of the interest in real
property shall transfer to the state."
����� Subd.
15.� Real Property Interest Report
By December 1 each year, a recipient
of money appropriated under this section that is used for the acquisition of an
interest in real property, including but not limited to an easement or fee
title, must submit annual reports on the status of the real property to the
Outdoor Heritage Council or its successor in a form determined by the council.� The responsibility for reporting under this
section may be transferred by the recipient of the appropriation to another
person or entity that holds the interest in the real property.� To complete the transfer of reporting
responsibility, the recipient of the appropriation must:
(1) inform the person to whom the
responsibility is transferred of that person's reporting responsibility;
(2) inform the person to whom the
responsibility is transferred of the property restrictions under subdivision
14; and
(3) provide written notice to the
council of the transfer of reporting responsibility, including contact
information for the person to whom the responsibility is transferred.� Before the transfer, the entity receiving the
transfer of property must certify to the Outdoor Heritage Council, or its
successor, acceptance of all obligations and responsibilities held by the prior
owner.
After the transfer, the person or entity that holds
the interest in the real property is responsible for reporting requirements
under this section.
����� Subd.
16.� Reports to Finance
All reports submitted to the Outdoor
Heritage Council by recipients of money appropriated under this section must
also submit the reports to the commissioner of finance.� The commissioner must maintain a Web site with
a searchable data base providing the public with information on expenditures
from the outdoor heritage fund.� To the
extent practical the commissioner must use systems developed to track
expenditure of federal money under the American Recovery and Reinvestment Act
to track expenditures from the outdoor heritage fund.
����� Sec.
3.� LEGISLATURE.
���������� ����������������������������������������������� �������������������������������������� $117,000���������������������� $165,000
$54,000 the first year and $36,000 the
second year are for the Legislative Coordinating Commission to fulfill the
duties required under Minnesota Statutes, section 3.303, subdivision 10.
$63,000 the first year and $63,000 the
second year are for the legislative auditor to conduct restoration audits under
Minnesota Statutes, section 3.971, subdivision 9, and $66,000 the second year
is for program and financial audits.
Sec. 4.� REVISOR'S
INSTRUCTION.
The revisor shall remove all
references to the "Lessard Outdoor Heritage Council" in Minnesota
Statutes, and replace those references with "Outdoor Heritage
Council."
ARTICLE 2
CLEAN WATER FUND
����� Section 1.�
CLEAN WATER FUND
APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article.� The
appropriations are from the clean water fund, or another named fund, and are
available for the fiscal years indicated for each purpose.� The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011.� Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final
enactment.� All appropriations in this article
are onetime only.
������������������������������������������������������������������������������������������������������������������������������������������������������������ APPROPRIATIONS
���������������������������������������������������������������������������������������������������������������������������������������������������������� Available for the Year
���������������������������������������������������������������������������������������������������������������������������������������������������������������� Ending June 30
�������������������������������������������������������������������������������������������������������������������������������������������������� 2010������������������������������������� 2011
����� Sec.
2.� DEPARTMENT
OF AGRICULTURE ������������������������������������������������������� $3,414,000������������������ $5,850,000
(a) $339,000 the first year is to
intensively monitor and analyze three sub-watersheds for changes in
agricultural runoff related to land management practices and evaluate best
management practices in sub-watersheds within the Root River Watershed in southeastern
Minnesota.� The commissioner shall submit
a report on the use of this appropriation to the chairs of the house of
representatives and senate committees with jurisdiction over agriculture,
agriculture finance, environment and natural resources, and environment
and natural resources finance by January 15, 2012.� This appropriation is available until spent.
(b) $325,000 the first year and
$350,000 the second year are to increase monitoring for pesticides and
pesticide degradates in surface water and groundwater and to use data collected
to assess pesticide use practices.
(c) $375,000 the first year and
$750,000 the second year are to increase drinking water protection from
agricultural chemicals, primarily nitrates.
(d) $875,000 the first year and $1,750,000
the second year are for research, pilot projects, and technical assistance
related to ways agricultural practices can contribute to restoring impaired
waters.� Of this amount, $330,000 the
first year and $330,000 the second year may be used for technical assistance
and grants to establish a conservation drainage program in consultation with
the Board of Water and Soil Resources and the drainage workgroup that consists
of pilot projects to retrofit existing drainage systems with water quality improvement
practices, evaluate outcomes, and provide outreach to landowners, public
drainage authorities, drainage engineers and contractors, and others.
(e) $1,000,000 the first year and
$2,500,000 the second year are for the agricultural best management practices
loan program.� At least $965,000 the
first year and at least $2,400,000 the second year are for transfer to the
agricultural best management practices loan account created pursuant to
Minnesota Statutes, section 17.117, subdivision 5a, and are available for
pass-through to local governments and lenders for low-interest loans.� Loans under this paragraph are to be repaid
to the clean water fund established under the Minnesota Constitution, article
XI, section 15.
(f) $500,000 the first year and
$500,000 the second year are for a transfer to the Board of Water and Soil
Resources for feedlot water quality improvement grants to operations with 300
or fewer animal units and prioritized by pollution prevention potential.� The board shall give priority consideration
to projects that leverage federal or other nonstate funds or contributions and
to projects that address high-priority needs identified in local water
management plans.� These amounts are in
addition to any amount recommended by another committee for feedlot water
quality improvement grants.
����� Sec.
3.� PUBLIC
FACILITIES AUTHORITY �������������������������������������������������������� $8,125,000���������������� $17,250,000
(a) $5,000,000 the first year and
$10,000,000 the second year are for the total maximum daily load grant program
under Minnesota Statutes, section 446A.073.�
This appropriation is available until spent.
(b) $2,500,000 the first year and
$5,000,000 the second year are for the clean water legacy phosphorus reduction
grant program under Minnesota Statutes, section 446A.074.� This appropriation is available until spent.
(c) $125,000 the first year and
$250,000 the second year are for the small community wastewater treatment
program for technical assistance grants under Minnesota Statutes, section
446A.075.� This appropriation is available
until spent.
(d) $500,000 the first year and
$2,000,000 the second year are for the small community wastewater treatment
program for reconstruction loans and grants under Minnesota Statutes, section
446A.075.� This appropriation is
available until spent.
����� Sec.
4.� POLLUTION
CONTROL AGENCY ������������������������������������������������������� $16,503,000���������������� $23,688,000
(a) $9,000,000 the first year and
$9,000,000 the second year are to develop total maximum daily load (TMDL)
studies and TMDL implementation plans for waters listed on the United States
Environmental Protection Agency approved impaired waters list in accordance
with Minnesota Statutes, chapter 114D.�
The agency shall complete an average of ten percent of the TMDLs each
year over the biennium.
(b) $500,000 the first year and
$1,188,000 the second year are for development of an enhanced TMDL database to
manage and track progress.� Of this
amount, $63,000 the first year is to promulgate rules.
(c) $1,500,000 the first year and
$3,500,000 the second year are for grants under Minnesota Statutes, section
116.195, to political subdivisions for up to 50 percent of the costs to
predesign, design, and implement capital projects that use treated municipal
wastewater instead of groundwater from drinking water aquifers, in order to
demonstrate the beneficial use of wastewater, including the conservation and
protection of water resources.
(d) $750,000 the first year and
$1,500,000 the second year are for groundwater assessment and drinking water
protection to include:
(1) the installation and sampling of
at least 30 new monitoring wells;
(2) the analysis of samples from at
least 40 shallow monitoring wells each year for the presence of endocrine
disrupting compounds; and
(3) the completion of at least four
to five groundwater models for TMDL and watershed plans.
(e) $348,000 the first year is to
retest the comprehensive assessment of the biological conditions of the lower
Minnesota River and its tributaries within the Lower Minnesota River Major
Watershed, as previously assessed from 1976 to 1992 under the Minnesota River
Assessment Project (MRAP).� The
assessment must include the same fish species sampling at the same 116
locations and the same macroinvertebrate sampling at the same 41 locations as
the MRAP assessment.� The assessment
must:
(1) include an analysis of the
findings; and
(2) identify factors that limit
aquatic life in the Minnesota River.
(f) $2,500,000 the first year and
$7,500,000 the second year are for the clean water partnership program.� Priority shall be given to projects
preventing impairments and degradation of lakes, rivers, streams, and
groundwater in accordance with Minnesota Statutes, section 114D.20, subdivision
2, clause (4).� Any balance remaining in
the first year does not cancel and is available for the second year.
(g) $1,000,000 the first year is to
establish a network of water monitoring sites in public waters adjacent to
wastewater treatment facilities across the state to assess levels of endocrine-disrupting
compounds, antibiotic compounds, and pharmaceuticals as required in this
article.
(h) $155,000 the first year is to
provide notification of the potential for coal tar contamination, establish a
storm water pond inventory schedule, and develop best management practices for
treating and cleaning up contaminated sediments as required in this article.
$1,000,000 the second year is to develop a model ordinance for the restricted
use of undiluted coal tar sealants and to provide grants to local units of
government for up to 50 percent of the costs to implement best management
practices to treat or clean up contaminated sediments in storm water ponds and
other waters as defined under this article.�
Local governments must have adopted an ordinance for the restricted use
of undiluted coal tar sealants in order to be eligible for a grant, unless a
statewide restriction has been implemented.�
A grant awarded under this paragraph must not exceed $100,000.
(i) $750,000 in fiscal year 2010 is
for a restoration project in the lower St. Louis River and Duluth harbor.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations encumbered on or before June 30, 2011, as
grants or contracts in this subdivision are available until June 30, 2013.
����� Sec.
5.� DEPARTMENT
OF NATURAL RESOURCES ��������������������������������������� $5,208,000������������������ $9,566,000
(a) $1,050,000 the first year and
$1,665,000 the second year are for work assisting in water quality assessment,
total maximum daily load study and implementation, and watershed restoration and
protection.
(b) $375,000 the first year and
$750,000 the second year are for drinking water planning and protection
activities.
(c) $950,000 the second year is for
work assisting in water quality assessment, total maximum daily load study and implementation,
and watershed restoration and protection in accordance with Minnesota Statutes,
chapter 114D.
(d) $1,058,000 the first year and
$1,601,000 the second year are for work assisting in water quality assessment,
total maximum daily load study and implementation, and watershed restoration
and protection in accordance with Minnesota Statutes, chapter 114D.
(e) $2,500,000 the first year and
$2,500,000 the second year are to acquire and distribute high-resolution
digital elevation data to be used to predict water and sediment flows, and for
planning and installation measures to clean up impaired waters.� The data will be collected for areas of the
state that have not acquired such data prior to January 1, 2007, or to complete
acquisition and distribution of the data for those areas of the state that have
not previously received state funds for acquiring and distributing the
data.� The distribution of data acquired
under this paragraph must be conducted under the auspices of the Land
Management Information Center or its successor, which shall receive 2.5 percent
of the appropriation in this paragraph to support coordination of data
acquisition and distribution.� Mapping
and data set distribution under this paragraph must be completed within three
years of funds availability.� The
commissioner shall utilize department staff whenever possible.� The commissioner may contract for services
only if they cannot otherwise be provided by the department.� If the commissioner contracts for services
with this appropriation and any of the work done under the contract will be
done outside of the United States, the commissioner must report to the chairs
of the house of representatives and senate finance committees on the proposed
contract at least 30 days before entering into the contract.� The report must include an analysis of why
the contract with the selected contractor provides the state with "best
value," as defined in Minnesota Statutes, section 16C.02; any alternatives
to the selected contractor that were
considered; what data will be
provided to the contractor, including the data that will be transmitted outside
of the United States; what security measures will be taken to ensure that the
data is treated in accordance with the Minnesota Government Data Practices Act;
and what remedies will be available to the state if the data is not treated in
accordance with the Minnesota Government Data Practices Act.
(f) $225,000 the first year and
$225,000 the second year are to adopt rules for the Mississippi River corridor
critical area under Minnesota Statutes, section 116G.15.� The commissioner shall begin rulemaking under
chapter 14 no later than January 15, 2010.�
At least 30 days prior to beginning the rulemaking, the commissioner
shall notify local units of government within the Mississippi River corridor
critical area of the intent to adopt rules.�
The local units of government shall make reasonable efforts to notify
the public of the contact information for the appropriate department
staff.� The commissioner shall maintain
an e-mail list of interested parties to provide timely information about the
proposed schedule for rulemaking, opportunities for public comment, and contact
information for the appropriate department staff.
(g) $1,875,000 the second year is to
investigate physical and recharge characteristics as part of the collection and
interpretation of subsurface geological information and acceleration of the
county geologic atlas program.� This
appropriation represents a continuing effort to complete the county geologic
atlases throughout the state in order to provide information and assist in
planning for the sustainable use of ground and surface water that does not harm
ecosystems, degrade water quality, or compromise the ability of future
generations to meet their own needs.�
This appropriation is available until December 31, 2014.
����� Sec.
6.� BOARD
OF WATER AND SOIL RESOURCES $7,000,000�������������� $18,424,000
(a) $1,500,000 the first year and
$5,000,000 the second year are to purchase and restore permanent conservation
easements on riparian buffers of up to 100 feet adjacent to public waters,
excluding wetlands, to keep water on the land in order to decrease sediment,
pollutant and nutrient transport, reduce hydrologic impacts to surface waters,
and increase infiltration for groundwater recharge.� The riparian buffers must be at least 50 feet
unless there is a natural impediment, a road, or other impediment beyond the
control of the landowner.� This
appropriation may be used for restoration of riparian buffers protected by
easements purchased with this appropriation and for stream bank restorations
when the riparian buffers have been restored.�
Up to five percent may be used for administration of this program.
(b) $1,500,000 the first year and $4,424,000 the
second year are for grants to watershed districts and watershed management
organizations for: (i) structural or vegetative management practices that
reduce storm water runoff from developed or disturbed lands to reduce the
movement of sediment, nutrients, and pollutants or to leverage federal funds
for restoration, protection, or enhancement of water quality in lakes, rivers,
and streams and to protect groundwater and drinking water; and (ii) the
installation of proven and effective water retention practices including, but
not limited to, rain gardens and other vegetated infiltration basins and
sediment control basins in order to keep water on the land.� The projects must be of long-lasting public
benefit, include a local match, and be consistent with TMDL implementation
plans or local water management plans.�
Watershed district and watershed management organization staff and
administration may be used for local match.�
Priority may be given to school projects that can be used to demonstrate
water retention practices.� Up to five
percent may be used for administering the grants.
(c) $1,500,000 the first year and
$4,500,000 the second year are for nonpoint source pollution reduction and
restoration grants to watershed districts, watershed management organizations,
and soil and water conservation districts for grants in addition to grants
available under paragraphs (a) and (b) to keep water on the land and to
protect, enhance, and restore water quality in lakes, rivers, and streams, and
to protect groundwater and drinking water.�
The projects must be of long-lasting public benefit, include a local
match, and be consistent with TMDL implementation plans or local water
management plans.� Up to five percent may
be used for administering the grants.
(d) $500,000 the first year and
$1,500,000 the second year are for permanent conservation easements on wellhead
protection areas under Minnesota Statutes, section 103F.515, subdivision 2,
paragraph (d).� Priority must be placed
on land that is located where the vulnerability of the drinking water supply
management area, as defined under Minnesota Rules, part 4720.5100, subpart 13,
is designated as high or very high by the commissioner of health.
(e) $1,000,000 the first year and
$2,000,000 the second year are for feedlot water quality improvement grants for
feedlots under 300 animal units on riparian land, to include water quality
assessment to determine the effectiveness of the grants in protecting,
enhancing, and restoring water quality in lakes, rivers, and streams, and in protecting
groundwater from degradation.
(f) $1,000,000 the first year and
$1,000,000 the second year are for grants to implement stream bank, stream
channel, and lakeshore, line protection, and restoration projects to protect
water quality.
The board shall contract for services
with the Minnesota Conservation Corps for restoration, maintenance, and other
activities under this section for at least $500,000 the first year and $500,000
the second year.
The board may shift grant or
cost-share funds in this section and may adjust the technical and
administrative assistance portion of the funds to leverage federal or other
nonstate funds or to address oversight responsibilities or high-priority needs
identified in local water management plans.
The board shall give priority
consideration to projects and practices that complement, supplement, or exceed
current state standards for protection, enhancement, and restoration of water
quality in lakes, rivers, and streams or that protect groundwater from
degradation.
To the extent possible, any
restoration conducted with money appropriated in this section must plant
vegetation or sow seed only of ecotypes native to Minnesota, and preferably of
the local ecotype, using a high diversity of species originating from as close
to the restoration site as possible, and protect existing native prairies from
genetic contamination.
The board shall submit a report on
the expenditure and use of money appropriated under this section to the chairs
of the house of representatives and senate committees with jurisdiction over
environment and natural resources and environment and natural resources finance
by March 1 of each year.� The report must
provide detail on: �the expenditure of
funds, including maps; the effectiveness of the expenditures in protecting,
enhancing, and restoring water quality in lakes, rivers, and streams and
protecting groundwater from degradation; and the effectiveness of the
expenditures in keeping water on the land.
����� Sec.
7.� DEPARTMENT
OF HEALTH ���� ���������������������������� ���������������������������������� $1,250,000������������������ $2,500,000
(a) $805,000 the first year and
$1,610,000 the second year are for protection of drinking water sources,
including assisting 30 or more communities in fiscal year 2010 and 60 or more
communities in fiscal year 2011 with the development and implementation of
community source water protection plans before new community wells are
installed, and awarding ten or more communities in fiscal year 2010 and 20 or
more communities in fiscal year 2011 with source water protection
implementation grants.
(b) $445,000 the first year and
$890,000 the second year are for addressing public health concerns related to
contaminants found in Minnesota drinking water for which no health-based
drinking water standard exists.� The
commissioner shall characterize and issue health-based guidance for three or
more additional
unregulated drinking water
contaminants in fiscal year 2010, and seven or more additional unregulated
drinking water contaminants in fiscal year 2011.
����� Sec.
8.� UNIVERSITY
OF MINNESOTA ������������ $750,000�������������������������������������� $820,000
(a) $820,000 the second year is for
the geological survey to continue and to initiate the production of county
geologic atlases.� This appropriation
represents a continuing effort to complete the county geologic atlases
throughout the state in order to provide information and assist in planning for
the sustainable use of ground and surface water that does not harm ecosystems,
degrade water quality, or compromise the ability of future generations to meet
their own needs.� This appropriation is
available until December 31, 2014.
(b) $750,000 the first year is to
develop the comprehensive statewide sustainable water resources ten-year plan
and 25-year detailed framework in article 5.
����� Sec.
9.� LEGISLATURE
����������� ����������������������������������������������� �������������������������������������� $117,000���������������������� $165,000
(a) $54,000 the first year and
$36,000 the second year are for the Legislative Coordinating Commission to
fulfill the duties as required under Minnesota Statutes, section 3.303,
subdivision 10.
(b) $63,000 the first year and
$63,000 the second year are for the legislative auditor to conduct restoration
audits under Minnesota Statutes, section 3.971, subdivision 9, and $66,000 the
second year is for program and financial audits.
Sec. 10.� Minnesota Statutes 2008, section 17.117,
subdivision 11a, is amended to read:
Subd. 11a.� Eligible
projects.� All projects that
remediate or mitigate adverse environmental impacts are eligible if:
(1) the project is eligible under the
allocation agreement and funding sources designated by the local government
unit to finance the project; and
(2) manure management projects
remediate or mitigate impacts from facilities with less than 1,000 animal units
as defined in Minnesota Rules, chapter 7020.
The purchase of variable rate
fertilizer application machinery or equipment is an eligible project if the
machinery or equipment is capable of precision-applying three or more products
simultaneously and the person commits to using the machinery or equipment in
this state for at least five years.� The
maximum loan amount for this purpose is $100,000.
Sec. 11.� Minnesota Statutes 2008, section 103F.515,
subdivision 2, is amended to read:
Subd. 2.� Eligible
land.� (a) Land may be placed in the conservation
reinvest in Minnesota reserve program if the land meets the requirements of
paragraphs (b) and (c) or paragraph (d).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal
agricultural land and is either beneficial to resource protection or necessary
for efficient recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreak or
water quality improvement practice would be beneficial to resource
protection;
(5) is land in a sensitive groundwater
area;
(6) is riparian land;
(7) is cropland or noncropland
adjacent to restored wetlands to the extent of up to four acres of cropland or
one acre of noncropland for each acre of wetland restored;
(8) is a woodlot on agricultural
land;
(9) is abandoned building site on
agricultural land, provided that funds are not used for compensation of the
value of the buildings; or
(10) is land on a hillside
used for pasture that is marginal in nature.
(c) Eligible land under paragraph (a)
must:
(1) be owned by the landowner, or a
parent or other blood relative of the landowner, for at least one year before
the date of application;
(2) be at least five acres in size,
except for a drained wetland area, riparian area, windbreak, woodlot, wellhead
protection area, or abandoned building site, or be a whole field as
defined by the United States Agricultural Stabilization and Conservation
Services;
(3) not be set aside, enrolled or
diverted under another federal or state government program unless enrollment in
the conservation reinvest in Minnesota reserve program would
provide additional conservation benefits or a longer term of enrollment than
under the current federal or state program; and
(4) have been in agricultural crop
production for at least two of the last five years before the date of
application except drained wetlands, riparian lands, woodlots, abandoned
building sites, environmentally sensitive areas, wellhead protection areas,
or land on a hillside used for pasture.
(d) In selecting drained wetlands
for enrollment in the program, the highest priority must be given to wetlands
with a cropping history during the period 1976 to 1985. Land is eligible
if the land is a wellhead protection area as defined under section 103I.005,
subdivision 24, and has a wellhead protection plan approved by the commissioner
of health.
(e) In selecting land for enrollment
in the program, highest priority must be given to permanent easements that are
consistent with the purposes stated in section 103F.505.
Sec. 12.� Minnesota Statutes 2008, section 103F.515,
subdivision 4, is amended to read:
Subd. 4.� Nature
of property rights acquired.� (a) A
conservation easement must prohibit:
(1) alteration of wildlife habitat and
other natural features, unless specifically approved by the board;
(2) agricultural crop production
and livestock grazing, unless specifically approved by the board for wildlife
conservation management purposes; and
(3) grazing of livestock except, for
agreements entered before the effective date of Laws 1990, chapter 391, grazing
of livestock may be allowed only if approved by the board after consultation
with the commissioner of natural resources, in the case of severe drought, or a
local emergency declared under section 12.29; and
(4) (3) spraying with chemicals or mowing, except:
(i) as necessary to comply with noxious weed control laws oder;
(ii) for emergency control of pests necessary
to protect public health; or
(iii) as approved by the board for
conservation management purposes.
(b) A conservation easement is subject
to the terms of the agreement provided in subdivision 5.
(c) A conservation easement must allow
repairs, improvements, and inspections necessary to maintain public drainage
systems provided the easement area is restored to the condition required by the
terms of the conservation easement.
(d) Notwithstanding paragraph (a), the
board must permit the harvest of native grasses for use in seed production or
bioenergy on wellhead protection lands eligible under subdivision 2, paragraph
(d).
Sec. 13.� [116.201]
COAL TAR.�
A state agency may not purchase
undiluted coal tar sealant.� For the
purposes of this section, "undiluted coal tar sealant" means a
sealant material containing coal tar that has not been mixed with asphalt and is
for use on asphalt surfaces, including driveways and parking lots.
EFFECTIVE DATE.� This section is
effective July 1, 2010.
Sec. 14.� Minnesota Statutes 2008, section 116G.15, is
amended to read:
116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.�
Subdivision 1.�
Establishment; purpose.� (a) The federal Mississippi National
River and Recreation Area established pursuant to United States Code, title 16,
section 460zz-2(k), is designated an area of critical concern in accordance
with this chapter.� The governor shall
review the existing Mississippi River critical area plan and specify any
additional standards and guidelines to affected communities in accordance with
section 116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to
insure preservation of the area pending the completion of the federal
plan.� The purpose of the
designation is to:
(1) protect and preserve the
Mississippi River and adjacent lands that the legislature finds to be unique,
valuable, and dynamic and environmental state and regional resources for the
benefit of the health, safety, and welfare of the citizens of the state,
region, and nation;
(2) prevent and mitigate irreversible
damages to the natural resources listed under clause (1);
(3) preserve and enhance the natural,
aesthetic, cultural, recreational, and historical values of the Mississippi
River and its corridor for public use and benefit;
(4) protect and preserve the
Mississippi River and its corridor as an essential element in the national,
state, and regional transportation, sewer and water, and recreational systems;
and
(5) protect and preserve the
biological and ecological functions of the Mississippi River and its corridor.
The results of an environmental
impact statement prepared under chapter 116D begun before and completed after
July 1, 1994, for a proposed project that is located in the Mississippi River
critical area north of the United States Army Corps of Engineers Lock and Dam
Number One must be submitted in a report to the chairs of the environment and
natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the
authorization for an issuance of any bonds for the project.� A report made under this paragraph shall be
submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined
by the environmental impact statement to be economically less expensive and
environmentally superior to the proposed project and identify any legislative
actions that may assist in the implementation of environmentally superior
alternatives.� This paragraph does not
apply to a proposed project to be carried out by the Metropolitan Council or a
metropolitan agency as defined in section 473.121.
(b) If the results of an
environmental impact statement required to be submitted by paragraph (a)
indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board
shall issue a permit for the facility that is the subject of the environmental
impact statement, other than an economically less expensive and environmentally
superior alternative, nor shall any government bonds be issued for the
facility, other than an economically less expensive and environmentally
superior alternative, until after the legislature has adjourned its regular
session sine die in 1996.
Subd. 2.�
Administration; rules.� (a) The commissioner of natural resources
may adopt rules under chapter 14 as necessary for the administration of the
Mississippi River corridor critical area program.� Duties of the Environmental Quality Council
or the Environmental Quality Board referenced in this chapter and related rules
and in the governor's executive order number 79-19, published in the State
Register on March 12, 1979, related to the Mississippi River corridor critical
area shall be the duties of the commissioner.�
All rules adopted by the board pursuant to these duties remain in effect
and shall be enforced until amended or repealed by the commissioner in
accordance with law.� The commissioner
shall work in consultation with the United States Army Corps of Engineers, the
National Park Service, the Metropolitan Council, other agencies, local units of
government, and other interested parties to ensure that the Mississippi River
corridor critical area is managed in a way that:
(1) conserves the scenic,
environmental, recreational, mineral, economic, cultural, and historic
resources and functions of the river corridor;
(2) maintains the river channel for
transportation by providing and maintaining barging and fleeting areas in
appropriate locations consistent with the character of the Mississippi River
and riverfront;
(3) provides for the continuation and
development of a variety of urban uses, including industrial and commercial
uses, and residential uses, where appropriate, within the Mississippi River and
its corridor;
(4) utilizes certain reaches of the
river as a source of water supply and for receiving wastewater effluents and
discharges that meet all applicable standards; and
(5) protects and preserves the
biological and ecological functions of the Mississippi River and its corridor.
(b) The Metropolitan Council shall
incorporate the standards developed under this section into its planning and
shall work with local units of government and the commissioner to ensure the
standards are being adopted and implemented appropriately.
Subd. 3.�
Districts.� The commissioner shall establish districts
within the Mississippi River corridor critical area.� The commissioner must seek to minimize the
number of districts within any one municipality and take into account existing
ordinances.� The commissioner shall
consider the following when establishing the districts:
(1) the protection of the major
features of the river in existence as of March 12, 1979;
(2) the protection of improvements
such as parks, trails, natural areas, recreational areas, and interpretive
centers;
(3) the use of the Mississippi River
as a source of drinking water;
(4) the protection of resources
identified in the Mississippi National River and Recreation Area Comprehensive
Management Plan;
(5) the protection of resources
identified in comprehensive plans developed by counties, cities, and towns
within the Mississippi River corridor critical area;
(6) the intent of the Mississippi
River corridor critical area land use districts from the governor's executive
order number 79-19, published in the State Register on March 12, 1979; and
(7) identified scenic, geologic, and
ecological resources.
Subd. 4.�
Standards.� (a) The commissioner shall establish
minimum guidelines and standards for the districts established in subdivision
3.� The guidelines and standards for each
district shall include the intent of each district, key resources, and features
to be protected or enhanced based upon paragraph (b), permitted uses, and
dimensional and performance standards for development.� The commissioner must take into account
existing ordinances when developing the guidelines and standards under this
section.� The commissioner may provide
certain exceptions and criteria for standards, including, but not limited to,
exceptions for river access facilities, water supply facilities, storm water
facilities, wastewater treatment facilities, and hydropower facilities.
(b) The guidelines and standards must
protect or enhance the following key resources and features:
(1) floodplains;
(2) wetlands;
(3) gorges;
(4) areas of confluence with key
tributaries;
(5) natural drainage routes;
(6) shorelines and riverbanks;
(7) bluffs;
(8) steep slopes and very steep
slopes;
(9) unstable soils and bedrock;
(10) significant existing vegetative
stands, tree canopies, and native plant communities;
(11) scenic views and vistas;
(12) publicly owned parks, trails,
and open spaces;
(13) cultural and historic sites and
structures; and
(14) water quality.
(c) The commissioner shall establish
a map to define bluffs and bluff-related features within the Mississippi River
corridor critical area.� At the outset of
the rulemaking process, the commissioner shall create a preliminary map of all
the bluffs and bluff lines within the Mississippi River corridor critical area,
based on the guidelines in paragraph (d).�
The rulemaking process shall provide an opportunity to refine the
preliminary bluff map.� The commissioner
may add to or remove areas of demonstrably unique or atypical conditions that
warrant special protection or exemption.�
At the end of the rulemaking process, the commissioner shall adopt a
final bluff map that contains associated features, including bluff lines, bases
of bluffs, steep slopes, and very steep slopes.
(d) The following guidelines shall be
used by the commissioner to create a preliminary bluff map as part of the
rulemaking process:
(1) "bluff face" or
"bluff" means the area between the bluff line and the bluff
base.� A bluff is a high, steep, natural
topographic feature such as a broad hill, cliff, or embankment with a slope of
18 percent or greater and a vertical rise of at least ten feet between the
bluff base and the bluff line;
(2) "bluff line" means a
line delineating the top of a slope connecting the points at which the slope
becomes less than 18 percent.� More than
one bluff line may be encountered proceeding upslope from the river valley;
(3) "bluff base" means a
line delineating the bottom of a slope connecting the points at which the slope
becomes 18 percent or greater.� More than
one bluff base may be encountered proceeding landward from the water;
(4) "steep slopes" means 12
percent to 18 percent slopes.� Steep
slopes are natural topographic features with an average slope of 12 to 18
percent measured over a horizontal distance of 50 feet or more; and
(5) "very steep slopes"
means slopes 18 percent or greater.� Very
steep slopes are natural topographic features with an average slope of 18
percent or greater, measured over a horizontal distance of 50 feet or more.
Subd. 5.�
Application.� The standards established under this
section shall be used:
(1) by local units of government when
preparing or updating plans or modifying regulations;
(2) by state and regional agencies
for permit regulation and in developing plans within their jurisdiction;
(3) by the Metropolitan Council for
reviewing plans and regulations; and
(4) by the commissioner when
approving plans and regulations, and reviewing development permit applications.
Subd. 6.�
Notification; fees.� (a) A local unit of government or a
regional or state agency shall notify the commissioner of natural resources of
all developments in the corridor that require discretionary actions under their
rules at least ten days before taking final action on the application.� The commissioner may establish exemptions
from the notification requirement for certain types of applications.� For purposes of this section, a discretionary
action includes all actions that require a public hearing, including variances,
conditional use permits, and zoning amendments.
(b) The commissioner shall recover
costs of reviewing information submitted under paragraph (a).� Amounts collected under this paragraph must
be credited to an account in the natural resources fund and are appropriated to
the commissioner.
Subd. 7.�
Rules.� The commissioner shall adopt rules to
ensure compliance with this section.� By
January 15, 2010, the commissioner shall begin the rulemaking required by this
section under chapter 14.� Until the
rules required under this section take effect, the commissioner shall
administer the Mississippi River corridor critical area program in accordance
with the governor's executive order number 79-19, published in the State
Register on March 12, 1979.
Sec. 15.� COAL
TAR; NOTIFICATION, INVENTORY, AND BEST MANAGEMENT PRACTICES.�
(a) By January 15, 2010, the
commissioner of the Pollution Control Agency shall notify state agencies and
local units of government of the potential for contamination of constructed
storm water ponds and wetlands or natural ponds used for the collection of
storm water via constructed conveyances with polycyclic aromatic hydrocarbons
from the use of coal tar sealant products.�
For the purpose of this section, a storm water pond is a treatment pond
constructed and operated for water quality treatment, storm water detention,
and flood control.� Storm water ponds do
not include areas of temporary ponding, such as ponds that exist only during a
construction project or short-term accumulations of water in road ditches.
(b) By January 15, 2010, the
commissioner of the Pollution Control Agency shall establish a schedule and
information requirements for state agencies and local units of government regulated
under a national pollutant discharge elimination system or state disposal
system permit for municipal separate storm sewer systems to report to the
commissioner of the Pollution Control Agency on all storm water ponds and other
waters defined in paragraph (a) located within their jurisdiction.
(c) The commissioner of the Pollution
Control Agency shall develop best management practices for state agencies and
local units of government regulated under a national pollutant discharge
elimination system or state disposal system permit for municipal separate storm
sewer systems treating or cleaning up contaminated sediments in storm water
ponds and other waters defined under paragraph (a) and make the best management
practices available on the agency's Web site.�
As part of the development of the best management practices, the
commissioner shall:
(1) sample a set of storm water pond
sediments in residential, commercial, and industrial areas for polycyclic
aromatic hydrocarbons and other contaminants of potential concern;
(2) investigate the feasibility of
screening methods to provide more cost-effective analytical results and to
identify which kinds of ponds are likely to have the highest concentrations of
polycyclic aromatic hydrocarbons; and
(3) develop guidance on testing,
treatment, removal, and disposal of polycyclic aromatic hydrocarbon
contaminated sediments.
(d) The commissioner of the Pollution
Control Agency shall incorporate the requirements for inventory and best
management practices specified in paragraphs (b) and (c) into the next
permitting cycle for the national pollutant discharge elimination system or
state disposal system permit for municipal separate storm sewer systems.
Sec. 16.� ENDOCRINE-DISRUPTOR
MONITORING.�
(a) The commissioner of the Pollution
Control Agency shall establish a network of water monitoring sites in public
waters adjacent to wastewater treatment facilities across the state to assess
levels of endocrine disrupting compounds, antibiotic compounds, and
pharmaceuticals.
(b) Each of the monitoring sites must
provide enhanced monitoring of the effluent at the discharge point of the
wastewater treatment facility and monitoring of the public waters above and
below the discharge point.
(c) The monitoring sites must be
located throughout the state, represent a variety of wastewater treatment
facility sizes based on the number of gallons of water discharged per day, and
represent a variety of waste treatment systems used for primary, secondary, and
tertiary disinfecting treatment and management of biosolids.
(d) In establishing the monitoring
network, the commissioner of the Pollution Control Agency must consult with the
commissioners of health and natural resources, the United States Geological
Survey, the Metropolitan Council, local wastewater treatment facility
operators, and the Water Resources Center at the University of Minnesota.� Consideration may be given to monitoring
sites at facilities identified as part of a total maximum daily load study and
facilities located on a water body identified for enhanced protection.� The initial monitoring network must include
at least ten sites.
(e) Monitoring must include, but is
not limited to, endocrine-disrupting compounds from natural and synthetic
hormones, pharmaceuticals, personal care products, and a range of industrial
products and by-products.� At a minimum,
concentrations of estrone, nonylphenol, bisphenol-A, 17-beta-estradiol,
17-alpha-ethynylestradiol, estriol, and antibacterial triclosan must be
monitored.� Additional compounds,
antibacterial compounds, and pharmaceuticals potentially impacting human health
and aquatic communities may be considered for identification and monitoring
including, but not limited to, nonylphenol ethoxylates, octylphenol, and
octylphenol ethoxylates; the hormones androstenedione, trenbelone, and
diethylphthalate; antidepressant medications, including fluoxetine and
fluvoxamine; carbamazepine; and triclocarban.
(f) The commissioner of the Pollution
Control Agency shall begin the monitoring and testing required under this
section no later than November 1, 2009.�
Information about requirements under this section and the results from
the monitoring and testing must be available on the agency's Web site by June
1, 2010.� The commissioner shall submit a
preliminary report on the results of the monitoring and testing to the chairs
of the legislative committees with jurisdiction over environment and natural
resources policy and finance by April 15, 2010, and a final report no later
than January 15, 2011.
ARTICLE 3
PARKS AND TRAILS FUND
����� Section 1.�
PARKS AND TRAILS FUND
APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article.� The
appropriations are from the parks and trails fund, or another named fund, and
are available for the fiscal years indicated for each purpose.� The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011.� Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.� All appropriations in this article are
onetime only.
������������������������������������������������������������������������������������������������������������������������������������������������������������ APPROPRIATIONS
���������������������������������������������������������������������������������������������������������������������������������������������������������� Available for the Year
���������������������������������������������������������������������������������������������������������������������������������������������������������������� Ending June 30
�������������������������������������������������������������������������������������������������������������������������������������������������� 2010������������������������������������� 2011
����� Sec.
2.� NATURAL
RESOURCES ������������� ���������������������������� �������������������������������� $10,399,000���������������� $21,257,000
(a) $6,749,000 the first year and
$14,807,000 the second year are to:
(1) connect people to the outdoors by
providing access, conservation education, and interpretative services with a
goal of attracting 350,000 additional visitors to state parks, recreation
areas, forest campgrounds, and trails by the end of the biennium, reaching 25
percent of all state parks and trails visitors through education programming,
including conducting at least 500 conservation education programs, by:
(i) enhancing marketing and technology
to target new audiences and provide new opportunities to engage citizens,
including enhancements to the department's Web site, community assistance, and
volunteer coordination and enhancement;
(ii) increasing the number of
naturalist interns from 18 to 30 each year under the new Minnesota Naturalist
Corps established under Minnesota Statutes, section 84.992;
(iii) adding eight new full-time
equivalent naturalists to provide expanded programming, with a focus on
families and children;
(iv) opening or reopening visitor
centers at Lake Bronson, Blue Mounds, St. Croix, and Grand Portage State Parks
and expanding visitor center hours at additional high profile parks;
(v) advancing new conservation
education delivery methods reaching new and younger audiences with 50 new MP3
audio trail guides, educational touch screen computers, podcasts, and
videocasts;
(vi) constructing information centers
and kiosks in state parks, including: �a
pilot project to construct information centers that include self-registration
equipment and touch screen displays; electronic information kiosks that include
touch screen displays; and information kiosks near campgrounds and day use
areas used to display maps, policies, and other information;
(vii) providing interpretive services
for state trails, including at least five new kiosks, signage, updating five
trail maps, and developing three new resource-oriented brochures;
(viii) producing a new state map
integrating state parks, recreation areas, forest campgrounds, trails, and
regional park and trail facilities; and
(ix) enhancing cross-country skiing
in at least ten state parks, recreation areas, forest campgrounds, or trails;
(2) accelerate natural resource
management, restoration, and protection activities at state parks, including:
(i) restoring at least 700 additional
acres of state park land;
(ii) conducting invasive species
detection, prevention, and response activities on at least 4,000 acres of state
park lands and waters and reestablishing native plants, shrubs, and trees after
invasive species removal;
(iii) providing rapid response to
terrestrial and aquatic new invasive species detections and infestations on
state park lands and waters and state trails;
(iv) conducting prescribed burns on
an additional 6,000 acres; and
(v) restoring and managing native
prairies and woodlands along at least six percent of the developed miles of
state trails, including removing invasive species;
(3) accelerate facility maintenance
and rehabilitation by:
(i) upgrading at least three percent
of facilities in overnight and day use areas;
(ii) improving access to parks and
trails systems for visitors of all ability levels at no fewer than 15 sites
each year;
(iii) enhancing the trail surface of
at least 100 miles of state trails, resurfacing 20 to 40 miles of state trails,
repairing six to ten trail bridges, and replacing two to four bridges; and
(iv) rehabilitating and renewing
trails in state parks, recreation areas, or forest campgrounds for hiking,
biking, and horseback riding at the rate of at least four percent per year; and
(4) accelerate facility energy
conservation by increasing energy conservation and operations, promoting new
conservation-based energy sources, reducing energy costs and installing solar
energy equipment, including solar thermal energy equipment, as part of the
following projects:
(i) the design and installation of
sustainable energy features, including the use of solar energy, at a new
campground in Split Rock Lighthouse State Park;
(ii) the installation of solar energy
equipment to power a new sanitation building and campsites in St. Croix State
Park;
(iii) the installation of solar
energy equipment to power sanitation buildings and campsites at the Pine Ridge
Campground in Itasca State Park;
(iv) the installation of solar power
equipment for educational demonstration projects and to offset the use of
electricity at Jay Cooke, Bear Head Lake, Afton, Sibley, Lake Carlos, Glacial
Lakes, Maplewood, William O'Brien, Wild River, and Lac Qui Parle State Parks;
(v) the installation of solar energy
equipment at the Iron Range Off-Highway Vehicle Recreation Area in Gilbert;
(vi) the installation of solar energy
equipment to power a sanitation building and lighting at the Silver Bay Marina;
(vii) the installation of solar
energy equipment to power the rest area and visitor center at Grand Portage
State Park; and
(viii) the installation of solar
energy equipment to power sanitation buildings and campsites at the Lake Shetek
State Park and additional solar energy projects if funding is available.
The commissioner shall contract for
services with the Minnesota Conservation Corps for restoration, maintenance,
and other activities under this paragraph for at least $600,000 the first year
and $1,000,000 the second year.
The commissioner shall leverage
federal stimulus funding for these purposes to the extent possible.
To the extent possible, any prairie
restoration conducted with money appropriated in this section must plant
vegetation or sow seed only of ecotypes native to Minnesota, and preferably of
the local ecotype, using a high diversity of species originating from as close
to the restoration site as possible, and protect existing native prairies from
genetic contamination.
(b) $1,000,000 the first year and
$2,000,000 the second year are for grants for solar energy projects in
metropolitan regional parks and trails that meet the requirements of Minnesota
Statutes, section 473.147, or that is currently recognized as meeting the
constitutional requirement of being a park or trail of regional or statewide
significance, and parks and trails outside the metropolitan area that are
currently recognized as meeting the constitutional requirement of being a park
or trail of regional or statewide significance. �Up to 2-1/2 percent of this appropriation may
be used for administering the grants.� Of
this appropriation, at least $1,000,000 shall be designated for projects
utilizing solar thermal technology and equipment.� The commissioner shall give priority to projects
that:
(1) would be visible to park or trail
visitors and that demonstrate the use of solar energy;
(2) would provide on-site information
explaining the installation, its benefits, and the benefits of renewable
energy;
(3) would reduce the use of energy
from fossil fuels;
(4) incorporate designs that reflect
the aesthetics of the installation site; or
(5) provide education to visitors on
energy conservation or climate change.
(c) $2,650,000 the first year and
$4,450,000 the second year are for grants under Minnesota Statutes, section
85.535, to metropolitan regional parks and trails that meet the requirements of
Minnesota Statutes, section 473.147, or that is currently recognized as meeting
the constitutional requirement of being a park or trail of regional or
statewide significance, and parks and trails outside the metropolitan area that
are currently recognized as meeting the constitutional requirement of being a
park or trail of regional or statewide significance.� Grants under this section must only be used
for acquisition, restoration, maintenance, and development.� Up to 2-1/2 percent of this appropriation may
be used for administering the grants.
(d) The commissioner shall develop a
ten-year strategic state parks and trails plan considering traditional funding
and the funding available under the Minnesota Constitution, article XI, section
15.
(e) The commissioner, in consultation
with the commissioner of the Pollution Control Agency, the Board of Water and
Soil Resources, the Outdoor Heritage Council, the Minnesota Board of the Arts,
and the Minnesota Historical Society, shall develop a logo to be used in
signage required of projects and programs receiving funds from the outdoor
heritage fund, clean water fund, parks and trails fund, and arts and cultural
heritage fund.
(f) The commissioner shall submit a
report on the expenditure and use of money appropriated under this section to
the legislature by March 1 of each year.�
The report must relate the expenditure of funds by the categories
established and detail the outcomes in terms of additional use of parks and
trails resources, user satisfaction surveys, and other appropriate outcomes.
(g) Grant agreements entered into by
the commissioner of natural resources and recipients of money appropriated
under this section shall ensure that the funds are used to supplement and not
substitute for traditional sources of funding.
����� Sec.
3.� METROPOLITAN
COUNCIL ���� ���������������������������� ���������������������������������� $7,500,000���������������� $14,600,000
(a) $7,500,000 the first year and
$14,600,000 the second year are from the parks and trails fund to be
distributed as required under Minnesota Statutes, section 85.53, subdivision 3,
except that of this amount, $40,000 the first year is for a grant to Hennepin
County to plant trees along the Victory Memorial Parkway.
(b) The Metropolitan Council shall
submit a report on the expenditure and use of money appropriated under this
section to the legislature by March 10 of each year.� The report must detail the outcomes in terms
of additional use of parks and trails resources, user satisfaction surveys, and
other appropriate outcomes.
(c) Grant agreements entered into by
the Metropolitan Council and recipients of money appropriated under this
section shall ensure that the funds are used to supplement and not substitute
for traditional sources of funding.
����� Sec.
4.� LEGISLATURE
����������� ����������������������������������������������� ���������������������������������������� $51,000������������������������ $68,000
(a) $23,000 the first year and $15,000
the second year are for the Legislative Coordinating Commission to fulfill the
duties as required under Minnesota Statutes, section 3.303, subdivision 10.
(b) $28,000 the first year and $28,000
the second year are for the legislative auditor to conduct restoration audits
under Minnesota Statutes, section 3.971, subdivision 9, and $25,000 the second
year is for program and financial audits.
Sec. 5.� AVAILABILITY
OF APPROPRIATIONS.�
Unless otherwise provided, the amounts
in this article are available until June 30, 2011, when projects must be
completed and final accomplishments reported.�
Appropriations for 2011 are available for use until June 30, 2012.� For acquisition of an interest in real
property, the amounts in this section appropriated in fiscal year 2010 are
available until June 30, 2012, and the amounts in this section appropriated in
fiscal year 2011 are available until June 30, 2013.� If a project receives federal funds, the time
period of the appropriation is extended to equal the availability of federal
funding.
Sec. 6.� [84.992]
MINNESOTA NATURALIST CORPS.�
Subdivision 1.�
Establishment.� The Minnesota Naturalist Corps is
established under the direct control and supervision of the commissioner of
natural resources.
Subd. 2.�
Program.� The commissioner of natural resources
shall develop a program for the Minnesota Naturalist Corps that supports state
parks in providing interpretation of the natural and cultural features of state
parks in order to enhance visitors' awareness, understanding, and appreciation
of those features and encourages the wise and sustainable use of the
environment.
Subd. 3.�
Training and mentoring.� The commissioner must develop and
implement a training program that adequately prepares Minnesota Naturalist
Corps members for the tasks assigned.�
Each corps member shall be assigned a state park naturalist as a mentor.
Subd. 4.�
Uniform patch.� Uniforms worn by members of the Minnesota
Naturalist Corps must have a patch that includes the name of the Minnesota
Naturalist Corps and information that the program is funded by the clean water,
land, and legacy amendment to the Minnesota Constitution adopted by the voters
in November 2008.
Subd. 5.�
Eligibility.� A person is eligible to enroll in the
Minnesota Naturalist Corps if the person:
(1) is a permanent resident of the
state;
(2) is a participant in an approved
college internship program or has a postsecondary degree in a natural resource
or conservation related field; and
(3) has completed at least one year of
postsecondary education.
Subd. 6.�
Corps member status.� Minnesota Naturalist Corps members are not
eligible for unemployment benefits if their services are excluded under section
268.035, subdivision 20, and are not eligible for other benefits except
workers' compensation.� The corps members
are not employees of the state within the meaning of section 43A.02,
subdivision 21.
Subd. 7.�
Employee displacement.� The commissioner must certify that the
assignment of Minnesota Naturalist Corps members will not result in the
displacement of currently employed workers or workers on seasonal layoff or
layoff from a substantially equivalent position, including partial displacement
such as reduction in hours of nonovertime work, wages, or other employment
benefits.� The department may not
terminate, lay off, reduce the seasonal hours of, or reduce the working hours
of any employee for the purpose of using a corps member with available funds.
Sec. 7.� [85.535]
PARKS AND TRAILS GRANT PROGRAM.�
Subdivision 1.�
Establishment.� The commissioner of natural resources
shall administer a program to provide grants from the parks and trails fund to
support parks and trails of regional or statewide significance.
Subd. 2.�
Eligibility.� To be eligible for grants under this
section, a park or trail must:
(1) be a metropolitan regional park or
trail that meets the requirements of section 473.147 or that is currently
recognized as meeting the constitutional requirement of being a park or trail
of regional or statewide significance; or
(2) be a park or trail outside the
metropolitan area, as defined in section 473.121, subdivision 2, that is
currently recognized as meeting the constitutional requirement of being a park
or trail of regional or statewide significance.
Subd. 3.�
Priorities.� In awarding trails grants under this
section, the commissioner shall give priority to trail projects that provide:
(1) connectivity;
(2) enhanced opportunities for
commuters; and
(3) enhanced safety.
Subd. 4.�
Match.� Recipients must provide a nonstate cash
match of at least 25 percent of the total eligible project costs.
Subd. 5.�
Rule exemption.� The commissioner is not subject to the
rulemaking provisions of chapter 14 in implementing this section, and section
14.386 does not apply.
ARTICLE 4
ARTS AND CULTURAL HERITAGE FUND
����� Section 1.�
ARTS AND CULTURAL HERITAGE
FUND APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article.� The
appropriations are from the arts and cultural heritage fund and are available
for the fiscal years indicated for each purpose.� The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011.
������������������������������������������������������������������������������������������������������������������������������������������������������������ APPROPRIATIONS
���������������������������������������������������������������������������������������������������������������������������������������������������������� Available for the Year
���������������������������������������������������������������������������������������������������������������������������������������������������������������� Ending June 30
�������������������������������������������������������������������������������������������������������������������������������������������������� 2010������������������������������������� 2011
����� Sec.
2.� ARTS
AND CULTURAL HERITAGE
����� Subdivision
1.� Total Appropriation ��������� ���������������������������� �������������������������������� $44,633,000���������������� $44,556,000
The amounts that may be spent for
each purpose are specified in the following subdivisions.
����� Subd.
2.� Minnesota Board of the Arts
(a) The appropriations in this
subdivision are to the Minnesota Board of the Arts from the arts and cultural
heritage fund.� Grants agreements entered
into by the Board of the Arts and other recipients of appropriations in this
section shall ensure that these funds are used to supplement and not supplant
traditional sources of funding.�
Appropriations made directly to the Board of the Arts shall supplement,
and shall not substitute for traditional sources of funding.� Funds appropriated in the first year may be
carried over to the second.� These are
onetime appropriations.� No more than 2.5
percent of each appropriation may be used for administration by the Board of
the Arts.� The Board of the Arts with the
assistance of recipients funded under this section shall report on all
expenditures made from these funds to the legislature and governor by January
15 of each year.� Each grant program
established within this appropriation shall be separately administered from
other state appropriations for program planning and outcome measurements, but
may take into consideration other state resources awarded in the selection of
applicants and grant award size.�
Distinctive goals and measurable outcomes shall be established and
reported on.
(b) Regional
Arts Boards. �$6,000,000 is
appropriated on January 1, 2010, and $6,000,000 in 2011 for grants
programs to artists, arts programs, programs for the literary arts, and
programs for arts education and access; such grants are to be made by
regional arts boards.� Each regional arts council must ensure that a
portion of the funds available under this paragraph is used for grants to
artists using nontraditional or innovative materials or methods, or for grants
to artists dealing with nontraditional subjects.
(c) Statewide
Arts Access. �$1,000,000 on
January 1, 2010, and $1,000,000 in 2011 is appropriated for organizations and
programs that provide access to the arts on a statewide basis.
(d) Artists
Economic Development Fund. �$500,000
in 2010 and $500,000 in 2011 are appropriated to provide individual grants to
artists for the purposes of economic subvention or artistic development.
(e) $150,000 in 2010 is appropriated
to the Board of the Arts for the creation and conduct of a census of Minnesota
artists and artistic organizations; this census must be conducted through a
competitive grant to be administered by the arts board and conducted in
partnership with the regional arts councils.
����� Subd.
3.� Minnesota Historical Society
(a) The appropriations in this
subdivision are to the Minnesota Historical Society from the arts and cultural
heritage fund to preserve and enhance access to Minnesota's history and its
cultural and historical resources.�
Grants agreements entered into by the Minnesota Historical Society and
other recipients of appropriations in this section shall ensure that these
funds are used to supplement and not substitute for traditional sources of
funding.� Funds directly appropriated to
the Minnesota Historical Society shall be used to supplement, and not
substitute for, traditional sources of funding.�
Funds appropriated in the first year may be carried over to the second.� These are onetime appropriations.� No more than 2.5 percent of each
appropriation may be used for administration by the Minnesota Historical
Society.� The Minnesota Historical
Society, with the assistance of recipients funded under this section, shall
report on all expenditures made from these funds to the legislature and
governor by January 15 of each year.
(b) Minnesota History Educational
Network. $2,000,000 in 2010 and $1,000,000 in 2011 are appropriated for
programs and projects of service to historical and cultural programs across the
state.� Among these may be funds for the
operation of a Minnesota History Educational Network, to provide educational
and programmatic content to schools, teachers, museums, historic sites, and
libraries; funds for a history at home project, to provide historical content
and materials to persons in their homes, places of work, schools, libraries,
and on the Internet; and programs to provide hands on support to historical and
cultural organizations, including the purveyance of information and expertise
regarding
collections, preservation, and
operation of local historic sites and societies.� These programs and projects may be conducted
in partnership with either local historical societies, schools, or libraries,
as selected by the Minnesota Historical Society.
(c) Statewide
Historic and Cultural Grants. �(i)
$6,000,000 on January 1, 2010, and $6,000,000 in 2011 are appropriated for
history programs and projects operated or conducted by or through local,
county, regional or other historical or cultural organizations; or for
activities to preserve significant historic and cultural resources.� Funds are to be distributed through a
competitive grants process.� The
Minnesota Historical Society shall administer these funds using established
grants mechanisms, and with assistance from the advisory committee created
herein.� The Preston grain elevator
restoration and recreation project shall be eligible for grants under this
program.
Also eligible for a grant under this
section are projects previously approved by the Minnesota Historical Society
that have had this approved funding refused by a public board or governing
body, provided that these projects are now administered by a nonprofit
organization.
(ii) The Minnesota Historical Society
shall appoint a historic resources advisory committee, with members from each
of the eight congressional districts, and representatives of local, county, and
statewide historical and cultural organizations and programs, to provide policy
and grant making guidance on expenditures of funds from this paragraph.� This membership shall include, but is not
limited to, members representing the interests of historic preservation, local
history, archaeology, archival programs, and other cultural programs related to
the history of Minnesota.� A significant
number of members on this advisory committee should represent local
interests.� This committee shall seek
input from all interested parties, and shall make recommendations for
expenditures from these funds to the executive council of the Minnesota Historical
Society; all expenditures must meet the requirements of Minnesota Statutes,
section 138.01.
(iii) $500,000 in 2010 and $500,000
in 2011 are appropriated to the Minnesota Historical Society for the creation
of materials, training, and assistance to local historical societies and others
receiving grants under this paragraph.�
These funds may not be used to hire permanent staff.
(d) Collections.
�$250,000 in 2010 is appropriated
to the Minnesota Historical Society for the purchase, acquisition, storage, and
restoration of Minnesota's historical and cultural artifacts.� These funds may be carried over until
expended.� None of these funds may be
used for administration.
(e) $2,000,000 in 2010 is
appropriated from the arts and cultural heritage fund to the Minnesota
Historical Society for HELP projects under Minnesota Statutes, section
138.0375, subdivision 3.
(f) $150,000 in 2010 is appropriated
to the Minnesota Historical Society for a competitive grant to be issued by the
society for analysis of historical programs in the state.� The analysis shall determine where public
collections, museums, programs, and services relating to historical and
cultural heritage exist; the depth of the collection or program as it relates
to the geographic, topic focus, and time frames covered; and where such
services do not exist.� The analysis
shall advise the state as to the best strategies to use existing financial
resources to improve the delivery of history education and historical resources
throughout Minnesota.� The Minnesota
Historical Society shall cooperate with the grant recipient, and shall provide
full access to data and materials needed to complete this study.� The study shall be reported to the
Legislative Coordinating Commission by December 1, 2009.
(g) $2,000,000 on January 1, 2010, and $500,000 on January 1, 2011,
are appropriated to the Minnesota Historical Society for an exhibit on the
regional, local, and cultural diversity of Minnesota's history and cultural
heritage.� These funds are available until
expended.� These funds are for the
creation of both traveling exhibits to be made available to local historical
and cultural organizations and an exhibit to be housed at the Minnesota History
Center.� The Minnesota Historical Society
shall raise funds from private sources to augment this appropriation, with a
goal of $1,500,000 in private funds to be raised.� This is not a match requirement, but the
Minnesota Historical Society shall certify that a good faith effort has been
made.
����� Subd.
4.� Statewide Survey of Historical and Archaeological Sites
$500,000 in 2010 and $500,000 in 2011
are appropriated to the Department of Administration, for a contract to be let
on a competitive basis to conduct a general statewide survey of Minnesota's
sites of historical, archaeological, and cultural significance.� Results of this survey must be published in a
searchable form, available to the public on a cost-free basis.� The Minnesota Historical Society, the Office
of the State Archaeologist, and the Board of Indian Affairs shall each appoint
a representative to an oversight board, to select a contractor and direct the
conduct of this survey.� The oversight
board shall consult with the Minnesota Departments of Transportation and
Natural Resources.� Funds appropriated
for this purpose do not cancel and may be carried over from one year to the
next.
����� Subd.
5.� Programs of Artistic, Educational, Historic, or Cultural
Significance
(a) Funds in this subdivision are
appropriated to the commissioner of the Department of Administration for grants
to the named organizations for the purposes specified in this subdivision.� Grants made to public television or radio
organizations are subject to Minnesota Statutes, section 129D.18, and are not
subject to conditions in this paragraph.
(b) Grant agreements entered into by
the commissioner and recipients of appropriations in this subdivision must
ensure that money appropriated in this subdivision is used to supplement and
not substitute for traditional sources of funding.� No more than 2.5 percent of any grant may be
used for administration.� The Department
of Administration may use up to one percent of appropriated funds for
administration.� These are onetime
appropriations.� A cultural grants
advisory board may be established by the Department of Administration to
provide advice and assistance in the making of grants under this
subdivision.� The board, if appointed,
shall consist of seven members, to be appointed by the commissioner.� One member shall represent public radio and
television, one shall represent Minnesota zoos, one shall represent the
Minnesota Center for the Humanities, and the remaining four shall be appointed
by the commissioner to represent a diverse set of cultural interests.� All recipients of funds under this
subdivision shall report to the legislature by January 15 of each year on uses
of those funds.
(c) Public
Television. �$2,000,000 on
January 1, 2010, and $5,000,000 on January 1, 2011, are appropriated to public
television, to the fund created under Minnesota Statutes, section 129D.18, for
the development of educational materials, programs, and publicly available
programming on the artistic, historical, and cultural heritage of the state and
people of Minnesota.� Acknowledgment of
the funding sources must be included in all materials produced in this
grant.� None of these funds may be used
for normal operations or infrastructure.
(d) Public
Television and Radio; Documentary. �$500,000
in 2010 and $500,000 in 2011 are appropriated, half each, to Minnesota public
television and public radio organizations for the separate creation of radio
and television documentaries regarding the uses and results of Minnesota's
dedicated funding for outdoor resources, clean water, trails, arts, and
cultural heritage.� These documentaries
shall be conducted according to the professional standards of these
organizations, and shall be independent of and separate from any state control
over content.
(e) Minnesota
Public Radio. �$2,000,000 on
January 1, 2010, and $3,000,000 on January 1, 2011, are appropriated to public
radio for the development of educational materials, programs, and publicly
available programming on the artistic, historical, and cultural heritage of the
state and people of Minnesota.� None of
these funds may be used for normal operations or infrastructure.
(f) Association
of Minnesota Public Educational Radio Stations. �$1,000,000 in 2010 and $2,000,000 in
2011 are appropriated to the Association of Minnesota Public Educational Radio
Stations for the development of educational materials, programs, and publicly
available programming on the artistic, historical, and cultural heritage of the
state and people of Minnesota.� None of
these funds may be used for normal operations or infrastructure.
(g) Civics
Education. �$1,000,000 in 2010
and $1,000,000 in 2011 are appropriated to the Minnesota Center for the
Humanities for grants to Kids Voting Minnesota, Learning Law and Democracy
Foundation, and YMCA Youth in Government to conduct civics education programs
for the civic and cultural development of Minnesota youth.
(h) Children's
Museums. �$500,000 in 2010 and
$500,000 in 2011 are appropriated for grants to Minnesota's museums for
children, for exhibits and programming on the artistic, historical, and
cultural heritage of the state and people of Minnesota.� None of these funds may be used for normal
operations or infrastructure.� Half of
these funds are for a children's museum in Duluth, and the other half for a
children's museum in St. Paul.
(i) Minnesota
Science Museum. �$500,000 in
2010 and $500,000 in 2011 are appropriated for the operation of and
programmatic development of the Minnesota Science Museum, for exhibits and
programming on the artistic, historical, and cultural heritage of the state and
people of Minnesota.� None of these funds
may be used for normal operations or infrastructure.� Funds shall be matched by the Science Museum
at a ratio of one to one.
(j) Minnesota
Digital Library. �$500,000 in
2010 and $500,000 in 2011 are appropriated for the Minnesota digital library
project, operated by the Minitex system, to preserve, digitize, and share
Minnesota images, documents, and historic materials.
(k) Minnesota
Center for the Humanities. �$500,000
in 2010 and $500,000 in 2011 are appropriated to the Minnesota Center for the
Humanities for programmatic development.
$500,000 in 2010 and $500,000 in 2011
are appropriated to the Minnesota Center for the Humanities for grants to
museums and organizations celebrating the ethnic identities of
Minnesotans.� The
Minnesota Center for the Humanities
shall develop a written plan for the competitive issuance of these grants, and
shall submit that plan for review and approval by the Department of
Administration.
(l) Zoos. �$2,000,000 in 2010 and $2,000,000 in
2011 are appropriated for the programmatic development of Minnesota's
zoos.� Three-quarters of this fund in any
year shall be reserved in equal portions each for the Minnesota Zoo, the Como
Zoo, and the Duluth Zoo.� The remainder
may be apportioned through a competitive grants process or may be allocated by
the commissioner to zoos that are accredited by the Association of Zoos and
Aquariums or that demonstrate to the commissioner a plan for working toward that
accreditation during the biennium ending June 30, 2011.
(m) Councils of
Color. �$125,000 in 2010 and
$125,000 in 2011 are for the Council on Asian-Pacific Minnesotans, for
community events and to celebrate and preserve the culture of Asian-Pacific
Minnesotans. $125,000 in 2010 and $125,000 in 2011 are for the Council on Black
Minnesotans for community events, technical projects, and an affirmative action
baseline study. $125,000 in 2010 and $125,000 in 2011 are for the Indian
Affairs Council for the preservation of Indian Cultural sites and the burial
and handling of remains. $125,000 in 2010 and $125,000 in 2011 are to the
Council on Affairs of Chicano/Latino people for community events and
initiatives that preserve the culture of Latinos in Minnesota and for research
on community needs.
(n) Film and TV
Board. �$50,000 is
appropriated to the Film and TV Board for a grant to plan for future uses of a
revolving loan fund or other financial mechanism to stabilize future film
rebates and job creation.� This
appropriation may also be used for film festival planning.
����� Subd.
6.� Minnesota State Capitol
The Department of Administration, the
Capitol Area Architecture and Planning Board, and the Minnesota Historical
Society shall consider and report to the legislature on possible uses of funds
created under the Minnesota Constitution, article XI, section 15, for the
restoration, renovation, and repair of the State Capitol.
����� Sec.
3.� DEPARTMENT
OF EDUCATION.
����� Subdivision
1.� Arts education�� ������������������ �������������������������������������������������������������� $2,000,000������������������ $2,000,000
(a) This appropriation is for grants
to school districts to provide materials or resources to teachers, students,
and parents to promote achievement of K-12 academic standards in the arts.� The commissioner must ensure these grants are
distributed equitably among districts in all regions of the state.� No more than 2.5 percent of grants under this
section may be used for administration.
(b) The commissioner may award a
grant under this subdivision only if a district demonstrates that the money will
supplement traditional sources of funding and will not be used as a substitute.
(c) An applicant for a grant under
this subdivision must state the outcomes to be achieved with the grant money,
and must report to the commissioner within 90 days after the grant funds have
been spent on achievement of the proposed outcomes.
(d) Of these funds, $150,000 in 2010
is appropriated to the commissioner for the creation and conduct of a census of
public school-based arts education offerings during the school day and in
after-school noncompetitive activities, and of arts education opportunities for
persons of all ages through community education and in nonprofit
community-based programs.
����� Subd.
2.� Arts access ������������������ ����������������������������������������������� ������������������������������������� 4,000,000��������������������� 4,000,000
(a) This appropriation is for grants
to provide access to arts and arts education for all ages.� The commissioner may award grants to school
districts, community education programs, libraries, or to other community
organizations.� No more than 2.5 percent
of any grant may be used by the department for administration.� The commissioner must ensure these grants are
distributed equitably among all regions of the state.� Grants under this subdivision may be used for
either or both of these purposes:
(1) to pay attendance fees and travel
costs for youth to visit art museums, arts performances, or other arts
activities; or
(2) to bring artists to schools,
libraries, or other community centers or organizations for teaching, training,
or performance purposes.
(b) The commissioner may award a
grant under this subdivision only if the recipient demonstrates that the money
will supplement traditional sources of funding and will not be used as a
substitute.
(c) An applicant for a grant under
this subdivision must state the outcomes to be achieved with the grant money,
and must report to the commissioner within 90 days after the grant funds have
been spent on achievement of the proposed outcomes.
����� Subd.
3.� Libraries ��������������������� ����������������������������������������������� ������������������������������������� 5,000,000��������������������� 5,000,000
$5,000,000 in 2010 and $5,000,000 in
2011 are appropriated to the Department of Education for grants allocated using
existing formulas under Minnesota Statutes, section 134.355, to the 12
Minnesota Regional Library Systems, to provide educational opportunities in the
arts, history, literary arts, and cultural heritage of Minnesota.� No more than 2.5 percent of funds may be used
for administration by regional library systems.�
This is a onetime
appropriation.� These funds may be used to sponsor programs
provided by regional libraries, or to provide grants to local arts and cultural
heritage programs for programs in partnership with regional libraries.� None of these funds may be used for
maintenance of effort requirements.�
Counties are not subject to maintenance of effort requirements
pertaining to these funds.
����� Subd.
4.� Reporting of outcomes ��������������������������������������������������������������������������������������������������������������������������������������������
The commissioner must report to the
legislature by January 15, 2010, and January 15, 2011, on grants made for arts
education and on grants made for arts access under this section.� Each report must include the recipient, the
amount, and the purpose of each grant.�
Each report must also summarize the expected and actual outcomes of the
grant funding.
����� Sec.
4.� LEGISLATURE
����������� ����������������������������������������������� ���������������������������������������� $33,000������������������������ $56,000
(a) $33,000 the first year and
$21,000 the second year are for the Legislative Coordinating Commission to
fulfill the duties as required under Minnesota Statutes, section 3.303,
subdivision 10.
(b) $35,000 the second year is for
the legislative auditor to conduct program and financial audits.
Sec. 5.� INDIAN
LANGUAGE PRESERVATION.�
(a) $150,000 is appropriated in
fiscal year 2010 from the arts and cultural heritage fund to the Indian Affairs
Council for the working group on Dakota and Ojibwe Language Revitalization and
Preservation created under article 7, section 7.� Any balance in fiscal year 2010 is available
in fiscal year 2011.
(b) $600,000 in 2010 and $750,000 in
2011 are appropriated jointly to the Department of Education and the Office of
Higher Education to issue grants for programs to preserve Native Indian
languages and to foster educational programs in Native languages.
Sec. 6.� APPROPRIATIONS.�
Subdivision 1.�
Commissioner.� The sums indicated in this section are
appropriated from the arts and cultural heritage fund to the Indian Affairs
Council for the fiscal years designated.
Subd. 2.�
Dakota and Ojibwe immersion
programs.� For a grant to the
Niigaane Ojibwe Immersion School and the Wicoie Nandagikendan Urban Immersion
Project:
������������������������������������������������������� $250,000��������������������������� . . . . .�������������������������� 2010
������������������������������������������������������� $250,000��������������������������� . . . . .�������������������������� 2011
Of this amount, $125,000 each year is
available for Niigaane Ojibwe Immersion School and $125,000 each year is
available for Wicoie Nandagikendan Urban Immersion Project to:
(1) develop and expand K-12
curriculum;
(2) provide fluent speakers in the
classroom;
(3) develop appropriate testing and
evaluation procedures; and
(4) develop community-based training
and engagement.
This is a onetime appropriation.
ARTICLE 5
GOVERNANCE
Section 1.� [3.3004]
PRINCIPLES FOR SPENDING LEGACY FUNDS.�
Subdivision 1.�
Application.� The principles in this section are
intended to guide the legislature in making appropriations from the dedicated
funds created under the Minnesota Constitution, article XI, section 15.� To the extend practicable, the Outdoor Heritage
Council shall refer to these principles in their planning and project
consideration.
Subd. 2.�
Legal principles.� Appropriations from the dedicated funds
must meet all requirements of the Minnesota Constitution, article XI, section
15, and all other legal requirements.
Subd. 3.�
Governance, process, and
administrative principles.� In
making appropriations from the dedicated funds, the legislature must attempt
to:
(1) use existing systems, agencies,
and entities to distribute funds, rather than create new bureaucracies;
(2) be in accordance with plans for
each fund, based on current science and on public engagement, and with outcomes
that are achieved in a reasonable amount of time;
(3) develop and use indicators of
success and accountability that meet the public's demands for open and
transparent processes;
(4) increase outreach and encourage
participation in the legislative and grant-making process so that a wider
variety of Minnesotans receive funds; and
(5) develop innovative uses of funds
that work across traditional boundaries and encourage cooperation among
multiple interest groups.
Subd. 4.�
Outcome principles.� In making appropriations from the
dedicated funds, the legislature must attempt to:
(1) increase the percentage of
Minnesotans who participate in the enjoyment, use, and maintenance of our
cultural and outdoor resources;
(2) provide every Minnesotan greater
access to arts, history, and cultural activities, arts education opportunities,
clean water, including quality drinking water, a fully restored outdoors
environment with hunting and fishing opportunities, outdoor recreation, public
broadcasting signals, and engagement in Minnesota's traditions and history;
(3) prevent pollution and restore
impaired waters;
(4) strive toward meeting statewide
priorities and values, emphasizing geographical and regional fairness within
each fund;
(5) give priority to projects that
improve the state or a regional economy, creating jobs and leveraging nonstate
money; and
(6) communicate through visible
identification the direct results of investments made with money from the
constitutionally dedicated funds.
Sec. 2.� Minnesota Statutes 2008, section 3.303, is
amended by adding a subdivision to read:
Subd. 10.�
Constitutionally dedicated
funding accountability.� (a)
The Legislative Coordinating Commission shall develop and maintain a
user-friendly, public-oriented Web site that informs, educates, and
demonstrates to the public how the constitutionally dedicated funds in the arts
and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
trails fund, and environment and natural resources trust fund are being
expended to meet the requirements established for each fund in the state
constitution.� Information provided on the
Web site must include, but is not limited to:
(1) information on all project
proposals received by the Outdoor Heritage Council and the Legislative-Citizen
Commission on Minnesota Resources;
(2) information on all projects
receiving funding, including proposed measurable outcomes and the plan for
measuring and evaluating the results;
(3) measured outcomes and evaluation
of projects as required under sections 85.53, subdivision 2; 97A.056,
subdivision 9; 114D.50, subdivision 2; and 129D.17, subdivision 2;
(4) education about the areas and
issues the projects address, including, when feasible, maps of where projects
have been undertaken;
(5) all frameworks developed for
future uses of each fund; and
(6) methods by which members of the
public may apply for project funds under any of the constitutionally dedicated
funds.
(b) All information for proposed and
funded projects, including the proposed measurable outcomes, must be made
available on the Web site as soon as practicable.� Information on the measured outcomes and
evaluation must be posted as soon as it becomes available.� The costs of these activities shall be paid
out of the arts and cultural heritage fund, outdoor heritage fund, clean water
fund, parks and trails fund, and the environment and natural resources trust
fund proportionately.� For purposes of
this section, "measurable outcomes" means outcomes, indicators, or
other performance measures that may be quantified or otherwise measured in order
to measure the effectiveness of a project or program in meeting its intended
goal or purpose.
(c) The Legislative Coordinating
Commission shall be responsible for receiving all ten-year plans and 25-year
frameworks for each of the constitutionally dedicated funds.� To the extent practicable, staff for the
commission shall provide assistance and oversight to these planning efforts and
shall coordinate public access to hearings and public meetings for all planning
efforts.
Sec. 3.� [3.358]
LEGISLATIVE GUIDE.�
A legislative guide shall be created
stating principles for the use and expected outcomes of all funds from
dedicated sales taxes pursuant to the Minnesota Constitution, article XI,
section 15.� This guide shall be created
jointly by the Cultural and Outdoor Resources Division of the house of
representatives, and by the appropriate senate committee as designated by the
majority leader of the senate.
The legislative guide required by this
section shall be for the years 2010 to 2015 and shall include the following
provisions:
(1) principles by which to guide
future expenditures for each fund;
(2) desired outcomes for such
expenditures;
(3) a general statement applicable to
later years for these funds; and
(4) consideration of financial methods
such as revolving loan funds that may be used in future appropriations.
The legislative guide shall be
completed by the legislative committees by December 15, 2009, and shall be
considered and discussed by all committees with jurisdiction over these funds
at public hearings.
To the extent practicable, the
legislative guide shall be used to direct future appropriations of the
legislature.
Sec. 4.� Minnesota Statutes 2008, section 3.971, is
amended by adding a subdivision to read:
Subd. 9.�
Restoration audits.� The legislative auditor shall conduct
restoration audits on a portion of land restorations funded in whole or in part
with state funds, to determine whether the activities and programs funded with
state funds, including the outdoor heritage fund, the parks and trails fund,
the clean water fund, the environment and natural resources trust fund, and
state-issued bonds, are accomplishing their restoration goals.� The audit must include a critical analysis of
the restoration goals and objectives, scientific evaluation of the results, and
the effectiveness of the restorations in meeting applicable restoration
requirements.� The legislative auditor
shall hire or contract with scientists and other appropriate persons to meet
this requirement.� Restoration audits
shall be funded out of the fund that funded the restoration, when
possible.� For the purposes of this
section, a "restoration audit" is a scientific evaluation of an area
of land that has been restored in order to determine whether the restoration
meets applicable requirements for the restoration.
Sec. 5.� Minnesota Statutes 2008, section 85.53, is
amended to read:
85.53 PARKS AND TRAILS FUND.�
Subdivision 1.�
Establishment.� The parks and trails fund is established in
the Minnesota Constitution, article XI, section 15.� All money earned by the parks and trails fund
must be credited to the fund.
Subd. 2.�
Expenditures; accountability.� (a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional
requirement to support parks and trails of regional or statewide
significance.� A project or program
receiving funding from the parks and trails fund must include measurable
outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring
and evaluating the results.� A project or
program must be consistent with current science when appropriate and
incorporate state-of-the-art technology when appropriate.
(b) Funding from the parks and trails
fund must be requested and granted for an entire project, even if the project
will take multiple years to complete.�
For the purposes of this requirement, a project that is part of a larger
project and that could also be considered a single project is a single project.
(c) Biennially, money from the parks
and trails fund shall be expended to balance the benefits across all regions
and residents of the state.
(d) All information for funded
projects, including the proposed measurable outcomes, must be made available on
the Web site required under section 3.303, subdivision 10, as soon as
practicable.� Information on the measured
outcomes and evaluation must be posted as soon as it becomes available.
(e) Grants funded by the parks and
trails fund must be implemented according to section 16B.98.� Proposals must specify all organizations,
including contact information, that will receive any portion of a grant and
specify a process for any regranting envisioned.� Priority for grant proposals must be given to
proposals involving grants that will be competitively awarded.
(f) A recipient of money from the
parks and trails fund must display a sign on lands and capital improvements
purchased, restored, or protected with money from the parks and trails fund
that includes the logo developed by the commissioner of natural resources to
identify it as a project funded with money from the vote of the people of
Minnesota on November 4, 2008.
(g) Money from the parks and trails
fund may only be spent on projects located in Minnesota.
Subd. 3.�
Metropolitan area distribution
formula.� Money appropriated
from the parks and trails fund to the Metropolitan Council shall be distributed
to implementing agencies, as defined in section 473.351, subdivision 1,
paragraph (a), as grants according to the following formula:
(1) 45 percent of the money must be
disbursed according to the allocation formula in section 473.351, subdivision
3, to each implementing agency;
(2) 31.5 percent of the money must be
distributed based on each implementing agency's relative share of the most
recent estimate of the population of the metropolitan area;
(3) 13.5 percent of the money must be
distributed based on each implementing agency's relative share of nonlocal
visits based on the most recent user visitation survey conducted by the
Metropolitan Council; and
(4) ten percent of the money must be
distributed as grants to implementing agencies for land acquisition within
Metropolitan Council approved regional parks and trails master plan boundaries
under the council's park acquisition opportunity grant program.� The Metropolitan Council must provide a match
of $2 of the council's park bonds for every $3 of state funds for the park
acquisition opportunity grant program.
Subd. 4.�
Data availability.� Data collected by the projects funded with
money from the parks and trails fund that have value for planning and
management of natural resources, emergency preparedness, and infrastructure
investments must conform to the enterprise information architecture developed
by the Office of Enterprise Technology.�
Spatial data must conform to geographic information system guidelines
and standards outlined in that architecture and adopted by the Minnesota
Geographic Data Clearinghouse at the Land Management Information Center.� A description of these data that adheres to
the Office of Enterprise Technology geographic metadata standards must be
submitted to the Land Management Information Center to be made available online
through the clearinghouse and the data must be accessible and free to the
public unless made private under chapter 13.�
To the extent practicable, summary data and results of projects and
programs funded with money from the parks and trails fund should be readily
accessible on the Internet and identified as a parks and trails fund project.
Subd. 5.�
Special review.� A project receiving an appropriation or
appropriations from the parks and trails fund totaling $10,000,000 or more in a
biennium is subject to the following requirements:
(1) the attorney general must review
and approve all contracts and real estate transactions, including conservation
easements, and make a determination of whether they are in the best interest of
the state and whether they meet all applicable requirements; and
(2) a second appraisal, meeting the
state appraisal requirements for land acquisitions under section 84.0272, must
be conducted and approved by the commissioner of natural resources for all real
estate transactions, including conservation easements.
Sec. 6.� Minnesota Statutes 2008, section 97A.056,
subdivision 2, is amended to read:
Subd. 2.� Lessard
Outdoor Heritage Council.� (a) The Lessard
Outdoor Heritage Council of 12 members is created in the legislative branch,
consisting of:
(1) two public members appointed by
the senate Subcommittee on Committees of the Committee on Rules and
Administration;
(2) two public members appointed by
the speaker of the house;
(3) four public members appointed by
the governor;
(4) two members of the senate
appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration; and
(5) two members of the house of
representatives appointed by the speaker of the house.
(b) Members appointed under paragraph
(a) must not be registered lobbyists.� In
making appointments, the governor, senate Subcommittee on Committees of the
Committee on Rules and Administration, and the speaker of the house shall
consider geographic balance, gender, age, ethnicity, and varying interests
including hunting and fishing.� The
governor's appointments to the council are subject to the advice and consent of
the senate.
(c) Public members appointed under
paragraph (a) shall have practical experience or expertise or demonstrated
knowledge in the science, policy, or practice of restoring, protecting, and
enhancing wetlands, prairies, forests, and habitat for fish, game, and
wildlife.
(d) Legislative members appointed
under paragraph (a) shall include the chairs of the legislative committees with
jurisdiction over environment and natural resources finance or their designee,
one member from the minority party of the senate, and one member from the
minority party of the house of representatives.
(e) Members serve four-year terms and
shall be initially appointed according to the following schedule of terms:
(1) two public members appointed by
the governor for a term ending the first Monday in January 2011;
(2) one public member appointed by
the senate Subcommittee on Committees of the Committee on Rules and Administration
for a term ending the first Monday in January 2011;
(3) one public member appointed by
the speaker of the house for a term ending the first Monday in
January 2011;
(4) two public members appointed by
the governor for a term ending the first Monday in January 2013;
(5) one public member appointed by
the senate Subcommittee on Committees of the Committee on Rules and
Administration for a term ending the first Monday in January 2013;
(6) one public member appointed by
the speaker of the house for a term ending the first Monday in
January 2013; and
(7) two members of the senate
appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration for a term ending the first Monday in January 2013, and two
members of the house of representatives appointed by the speaker of the house
for a term ending the first Monday in January 2013.
(f) Compensation and removal of
public members are as provided in section 15.0575.� A vacancy on the council may be filled by the
appointing authority for the remainder of the unexpired term.
(g) The first meeting of the council
shall be convened by the chair of the Legislative Coordinating Commission no
later than December 1, 2008.� Members
shall elect a chair, vice-chair, secretary, and other officers as determined by
the council.� The chair may convene
meetings as necessary to conduct the duties prescribed by this section.
(h) The Department of Natural
Resources Legislative Coordinating Commission shall provide
administrative support for the council.�
Up to one percent of the money appropriated from the fund may be used to
cover the staffing and related administrative expenses of the department
and to cover the compensation and travel council; office expenses; and
per diem and expenses of council members pursuant to this subdivision;
the staffing and related administrative expenses of the legislative auditor
under section 3.971, subdivision 9; and the staffing and related expenses of
the Legislative Coordinating Commission under section 3.303, subdivision 10.
Sec. 7.� Minnesota Statutes 2008, section 97A.056,
subdivision 3, is amended to read:
Subd. 3.� Council
recommendations.� (a) The council
shall make recommendations to the legislature on appropriations of money from
the outdoor heritage fund that are consistent with the Constitution and state
law and that take into consideration will achieve the outcomes of
existing natural resource plans, including, but not limited to, the
Minnesota Statewide Conservation and Preservation Plan, that directly
relate to the restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, and that prevent forest
fragmentation, encourage forest consolidation, and expand restored native
prairie.� The council shall submit its
initial recommendations to the legislature no later than April 1, 2009.� Subsequent recommendations shall be submitted
no later than January 15 each year.� The
council shall present its recommendations to the senate and house of
representatives committees with jurisdiction over the environment and natural
resources budget by February 15 in odd-numbered years, and within the first
four weeks of the legislative session in even-numbered years.� The council's budget recommendations to the
legislature shall be separate from the Department of Natural Resource's budget
recommendations.
(b) To encourage and support local
conservation efforts, the council shall establish a conservation partners
program.� Local, regional, state, or
national organizations may apply for matching grants for restoration,
protection, and enhancement of wetlands, prairies, forests, and habitat for
fish, game, and wildlife, prevention of forest fragmentation, encouragement of
forest consolidation, and expansion of restored native prairie.
(c) The council may work with the
Clean Water Council to identify projects that are consistent with both the
purpose of the outdoor heritage fund and the purpose of the clean water fund.
(d) The council may make
recommendations to the Legislative-Citizen Commission on Minnesota Resources on
scientific research that will assist in restoring, protecting, and enhancing
wetlands, prairies, forests, and habitat for fish, game, and wildlife,
preventing forest fragmentation, encouraging forest consolidation, and
expanding restored native prairie.
(e) Recommendations of the council,
including approval of recommendations for the outdoor heritage fund, require an
affirmative vote of at least nine members of the council.
(f) The council may work with the
Clean Water Council, the Legislative-Citizen Commission on Minnesota Resources,
the Board of Water and Soil Resources, soil and water conservation districts,
and experts from Minnesota State Colleges and Universities and the University
of Minnesota in developing the council's recommendations.
(g) The council shall develop and
implement a process that ensures that citizens and potential recipients of
funds are included throughout the process, including the development and
finalization of the council's recommendations.�
The process must include a fair, equitable, and thorough process for
reviewing requests for funding and a clear and easily understood process for
ranking projects.
(h) The council shall use the regions
of the state based upon the ecological regions and subregions developed by the
Department of Natural Resources and establish objectives for each region and
subregion to achieve the purposes of the fund outlined in the state
constitution.
(i) The council shall develop and
submit to the Legislative Coordinating Commission plans for the first ten years
of funding, and a framework for 25 years of funding, consistent with statutory
and constitutional requirements.� The
council may use existing plans from other legislative, state, and federal
sources, as applicable.
Sec. 8.� Minnesota Statutes 2008, section 97A.056,
subdivision 6, is amended to read:
Subd. 6.� Audit.� The council shall select an independent
auditor to legislative auditor shall audit the outdoor heritage fund
expenditures, including administrative and staffing expenditures, every
two years to ensure that the money is spent to restore, protect, and enhance
wetlands, prairies, forests, and habitat for fish, game, and wildlife.
Sec. 9.� Minnesota Statutes 2008, section 97A.056,
subdivision 7, is amended to read:
Subd. 7.� Legislative
oversight.� (a) The senate and
house of representatives chairs of the committees with jurisdiction over the
environment and natural resources budget shall convene a joint hearing to
review the activities and evaluate the effectiveness of the council and evaluate
the effectiveness and efficiency of the department's administration and
staffing of the council after five years but to receive reports on the
council from the legislative auditor no later than June 30, 2014.
(b) By January 15, 2013, a
professional outside review authority shall be chosen by the chairs of the
house of representatives and senate committees with jurisdiction over
environment and natural resources to evaluate the effectiveness and efficiency
of the department's administration and staffing of the council.� A report shall be submitted to the chairs by
January 15, 2014.
Sec. 10.� Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 8.�
Priorities and expenditure
requirements.� (a) A project
receiving funding from the outdoor heritage fund must meet or exceed the
constitutional requirements to restore, protect, and enhance wetlands,
prairies, forests, and habitat for fish, game, and wildlife.� Priority must be given to projects that meet
more than one of these requirements.� A
project must be consistent with current science when appropriate and
incorporate state of the art technology when appropriate.� The council may establish funding priorities
to direct funding toward the highest priorities.� Priority may be given to projects that are
time sensitive or have a sense of urgency.
(b) Funding from the outdoor heritage
fund must be requested and granted for an entire project, even if the project
will take multiple years to complete.�
For the purposes of this requirement, a project that is part of a larger
project and that could also be considered a single project is a single project.
(c) Biennially, money from the outdoor
heritage fund shall be expended to balance the benefits across all regions and
residents of the state.
(d) Grants funded by the outdoor
heritage fund must be implemented according to section 16B.98.� Proposals must specify all organizations,
including contact information, that will receive any portion of a grant and
specify a process for any regranting envisioned.� Priority for grant proposals must be given to
proposals involving grants that will be competitively awarded.
(e) Money from the outdoor heritage
fund may only be spent on projects located in Minnesota.
Sec. 11.� Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 9.�
Proposal and project
requirements.� (a) A request
for funding from the outdoor heritage fund shall:
(1) include a list of measurable
outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring
and evaluating the results;
(2) to the extent practicable,
include a list of any lands to be acquired, protected, or restored; and
(3) identify the entity that will
hold the title or easement of any lands to be acquired or protected.
(b) Lands acquired by fee with funds
from the outdoor heritage fund must be open to the public taking of game and
fish during the open season unless otherwise provided by law.
(c) Lands acquired by fee, restored,
or protected by easements with money from the outdoor heritage fund should
ensure the viability of Minnesota's forests, prairies, wetlands, and habitats
by supporting native biological diversity and their ecological complexes and
provide protection against invasive species, and must meet one or more of the
following criteria:
(1) are identified as an area of
biodiversity significance by the county biological survey;
(2) maintain or enhance native plant,
fish, or wildlife species designated as endangered or threatened under section
84.0895;
(3) maintain a native ecological
community;
(4) possess a unique quality that is
of value to the biodiversity of the region;
(5) are adjacent to lands meeting one
or more of the requirements under clauses (1) to (4) and that, when restored or
protected, enhance those adjacent lands;
(6) are degraded lands that, when
restored, would provide or contribute to critical habitat for native plants,
fish, and wildlife; or
(7) enhance native plant, fish, or
wildlife species.
(d) Lands acquired by fee or easement
purchased in whole or in part with money from the outdoor heritage fund must be
perpetually protected and have an ecological restoration plan with sufficient
funding for implementation.� The
ecological restoration plan must meet the statutory definitions of restore,
protect, and enhance in section 84.02.�
Consideration should be given to relevant factors that would provide the
best chance for long-term success of the restoration.� The plan shall:
(1) include the proposed timetable
for implementing the restoration, including site preparation, establishment of
diverse plant species, maintenance, and additional enhancement to establish the
restoration;
(2) identify long-term maintenance
and management needs of the restoration and how the maintenance, management,
and enhancement will be financed; and
(3) take advantage of the most
current science and include innovative techniques to achieve the best
restoration.
(e) To the extent possible, lands
restored with money from the outdoor heritage fund must use vegetation only of
Minnesota's native ecotypes, using a high diversity of species originating from
as close to the restoration site as possible, and must protect existing native
prairies from genetic contamination.
(f) Lands purchased, restored, or
protected by easements with money from the outdoor heritage fund are not
eligible for wetland replacement or mitigation credits.
(g) A recipient of money from the
outdoor heritage fund must display a sign on lands purchased, restored, or
protected by easements with money from the outdoor heritage fund that
identifies it as a project funded with money from the vote of the people of
Minnesota on November 4, 2008.
(h) To ensure public accountability
for the use of public funds, a recipient of money from the outdoor heritage
fund must provide documentation to the council of the selection process used to
identify parcels acquired and provide documentation of all related transaction
costs, including but not limited to appraisals, legal fees, recording fees,
commissions, other similar costs, and donations.� This information must be provided for all
parties involved in the transaction.� The
recipient shall also report to the council any difference between the
acquisition amount paid to the seller and the state-certified or state-reviewed
appraisal.� Acquisition data such as
appraisals may remain private during negotiations but must ultimately be made
public according to chapter 13.
(i) The owner of an interest in real
property acquired with money from the outdoor heritage fund may not alter the
intended use of the interest in real property or convey any interest in the
real property acquired with the appropriation without notifying the council in
writing.� For the purposes of this
section, "interest in real property" includes, but is not limited to,
an easement or fee title to property.
(j) A recipient of money from the
outdoor heritage fund shall not use the funds to cover any organizational or
operational expenses not related to the project being funded.
(k) All information for proposed and
funded projects, including the proposed measurable outcomes, must be made
available on the Web site required under section 3.303, subdivision 10, as soon
as practicable.� Information on the
measured outcomes and evaluation must be posted as it becomes available.
Sec. 12.� Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 10.�
Data availability.� Data collected by the projects funded with
money from the outdoor heritage fund that have value for planning and
management of natural resources, emergency preparedness, and infrastructure
investments must conform to the enterprise information architecture developed
by the Office of Enterprise Technology.�
Spatial data must conform to geographic information system guidelines
and standards outlined in that architecture and adopted by the Minnesota
Geographic Data Clearinghouse at the Land Management Information Center.� A description of these data that adheres to
the Office of Enterprise Technology geographic metadata standards must be
submitted to the Land Management Information Center to be made available online
through the clearinghouse and the data must be accessible and free to the
public unless made private under chapter 13.�
To the extent practicable, summary data and results of projects funded
with money from the outdoor heritage fund should be readily accessible on the
Internet and identified as an outdoor heritage fund project.
Sec. 13.� Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 11.�
Report required.� The council shall, by January 15 of each
year, submit a report to the governor, the chairs of the house of
representatives appropriations and senate finance committees, and the chairs of
the house of representatives and senate committees on environment and natural
resources and the committees with jurisdiction over the outdoor heritage
fund.� The report must be available to
the public and posted on the Web site required under section 3.303, subdivision
10.� The report must include:
(1) the source and amount of all
revenues collected and distributed by the council, including all administrative
and other expenses;
(2) a description of the assets and
liabilities of the outdoor heritage fund;
(3) any findings or recommendations
that are deemed proper to assist the legislature in formulating legislation;
(4) a list of all gifts and donations
with a value over $1,000; and
(5) a copy of the most recent audit
required under subdivision 6 and any restoration audits required under
section 3.971, subdivision 9, completed during the preceding biennium.
Sec. 14.� Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 12.�
Special review.� A project receiving an appropriation or
appropriations from the outdoor heritage fund totaling $10,000,000 or more in a
biennium is subject to the following requirements:
(1) the attorney general must review
and approve all contracts and real estate transactions, including conservation
easements, and make a determination of whether they are in the best interest of
the state and whether they meet all applicable requirements; and
(2) a second appraisal, meeting the
state appraisal requirements for land acquisitions under section 84.0272, must
be conducted and approved by the commissioner of natural resources for all real
estate transactions, including conservation easements.
Sec. 15.� Minnesota Statutes 2008, section 114D.50, is
amended to read:
114D.50 CLEAN WATER FUND.�
Subdivision 1.�
Establishment.� The clean water fund is established in the
Minnesota Constitution, article XI, section 15.�
All money earned by the fund must be credited to the fund.
Subd. 2.�
Sustainable drinking water
account.� The sustainable
drinking water account is established as an account in the clean water fund.
Subd. 3.�
Purpose.� (a) The clean water fund may be spent only
to protect, enhance, and restore water quality in lakes, rivers, and streams,
to protect groundwater from degradation, and to protect drinking water sources
by:
(1) providing additional grants,
loans, and technical assistance to public agencies and others who are
participating in the process of testing waters, identifying impaired waters,
developing total maximum daily loads, implementing restoration plans for
impaired waters, and evaluating the effectiveness of restoration;
(2) supporting additional measures to
prevent surface waters from becoming impaired and to improve the quality of
waters that are listed as impaired, but do not have an approved total maximum
daily load addressing the impairment;
(3) providing additional grants and
loans for wastewater and storm water treatment projects through the Public
Facilities Authority;
(4) supporting additional measures to
prevent the degradation of groundwater in accordance with the groundwater
degradation prevention goal under section 103H.001; and
(5) providing additional funds to
state agencies to carry out their responsibilities, including enhanced
compliance and enforcement, under this chapter.
(b) Funds from the clean water fund
must supplement traditional sources of funding for these purposes and may not
be used as a substitute.
Subd. 4.�
Expenditures; accountability.� (a) A project receiving funding from the
clean water fund must meet or exceed the constitutional requirements to
protect, enhance, and restore water quality in lakes, rivers, and streams and
to protect groundwater from degradation.�
Priority must be given to projects that meet more than one of these
requirements.� A project receiving
funding from the clean water fund shall include measurable outcomes, as defined
in section 3.303, subdivision 10, and a plan for measuring and evaluating the
results.� A project must be consistent
with current science when appropriate and incorporate state-of-the-art
technology when appropriate.
(b) Biennially, money from the clean
water fund shall be expended to balance the benefits across all regions and
residents of the state.
(c) All information for proposed and
funded projects, including the proposed measurable outcomes, must be made
available on the Web site required under section 3.303, subdivision 10, as soon
as practicable.� Information on the
measured outcomes and evaluation must be posted as it becomes available.� Information classified as not public under
section 13D.05, subdivision 3, paragraph (d), is not required to be placed on
the Web site.
(d) Grants funded by the clean water
fund must be implemented according to section 16B.98.� Proposals must specify all organizations,
including contact information, that will receive any portion of a grant and
specify a process for any regranting envisioned.� Priority for grant proposals must be given to
proposals involving grants that will be competitively awarded.
(e) A recipient of money from the
clean water fund must display a sign on lands and capital improvements
purchased, restored, or protected with money from the clean water fund that
identifies it as a project funded with money from the vote of the people of
Minnesota on November 4, 2008.
(f) Money from the clean water fund
may only be spent on projects located in Minnesota.
Subd. 5.�
Data availability.� Data collected by the projects funded with
money from the clean water fund that have value for planning and management of
natural resources, emergency preparedness, and infrastructure investments must
conform to the enterprise information architecture developed by the Office of
Enterprise Technology.� Spatial data must
conform to geographic information system guidelines and standards outlined in
that architecture and adopted by the Minnesota Geographic Data Clearinghouse at
the Land Management Information Center.�
A description of these data that adheres to the Office of Enterprise
Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the
clearinghouse and the data must be accessible and free to the public unless
made private under chapter 13.� To the
extent practicable, summary data and results of projects funded with money from
the clean water fund should be readily accessible on the Internet and
identified as a clean water fund project.
Subd. 6.�
Special review.� A project receiving an appropriation or
appropriations from the clean water fund totaling $10,000,000 or more in a
biennium is subject to the following requirements:
(1) the attorney general must review
and approve all contracts and real estate transactions, including conservation
easements, and make a determination of whether they are in the best interest of
the state and whether they meet all applicable requirements; and
(2) a second appraisal, meeting the
state appraisal requirements for land acquisitions under section 84.0272, must
be conducted and approved by the commissioner of natural resources for all real
estate transactions, including conservation easements.
Sec. 16.� Minnesota Statutes 2008, section 116P.05,
subdivision 2, is amended to read:
Subd. 2.� Duties.� (a) The commission shall recommend an annual
legislative bill for appropriations from the environment and natural resources
trust fund and shall adopt a strategic plan as provided in section
116P.08.� Approval of the recommended
legislative bill requires an affirmative vote of at least 12 members of the
commission.
(b) The commission shall recommend
expenditures to the legislature from the state land and water conservation
account in the natural resources fund.
(c) It is a condition of acceptance
of the appropriations made from the Minnesota environment and natural resources
trust fund, and oil overcharge money under section 4.071, subdivision 2, that
the agency or entity receiving the appropriation must submit a work program and
semiannual progress reports in the form determined by the Legislative-Citizen
Commission on Minnesota Resources, and comply with applicable reporting
requirements under section 116P.16.� The
work program and semiannual progress reports must include a list of measurable
outcomes and a plan for measuring and evaluating the results.� A list of any lands to be restored, or
acquired in fee title or through easements, and the entity that will hold the
title or easement must be identified in the work program.� None of the money provided may be spent
unless the commission has approved the pertinent work program.
(d) The peer review panel created
under section 116P.08 must also review, comment, and report to the commission
on research proposals applying for an appropriation from the oil overcharge
money under section 4.071, subdivision 2.
(e) The commission may adopt
operating procedures to fulfill its duties under this chapter.
(f) As part of the operating
procedures, the commission shall:
(1) ensure that members' expectations
are to participate in all meetings related to funding decision recommendations;
(2) recommend adequate funding for increased
citizen outreach and communications for trust fund expenditure planning;
(3) allow administrative expenses as
part of individual project expenditures based on need;
(4) provide for project outcome
evaluation;
(5) keep the grant application, administration,
and review process as simple as possible; and
(6) define and emphasize the
leveraging of additional sources of money that project proposers should
consider when making trust fund proposals.
Sec. 17.� Minnesota Statutes 2008, section 129D.17, is
amended to read:
129D.17 ARTS AND CULTURAL HERITAGE FUND.�
Subdivision 1.�
Establishment.� The arts and cultural heritage fund is
established in the Minnesota Constitution, article XI, section 15.� All money earned by the fund must be credited
to the fund.
Subd. 2.�
Expenditures; accountability.� (a) Funding from the arts and cultural
heritage fund may be spent only for arts, arts education, and arts access and
to preserve Minnesota's history and cultural heritage.� A project or program receiving funding from
the arts and cultural heritage fund must include measurable outcomes, as
defined in
section 3.303, subdivision 10, and a
plan for measuring and evaluating the results.�
A project or program must be consistent with current scholarship, or
best practices, when appropriate and incorporate state-of-the-art technology
when appropriate.
(b) Funding from the arts and
cultural heritage fund may be granted for an entire project or for part of a
project so long as the recipient provides a description and cost for the entire
project and can demonstrate that it has adequate resources to ensure that the
entire project will be completed.
(c) Biennially, money from the arts
and cultural heritage fund shall be expended to balance the benefits across all
regions and residents of the state.
(d) All information for funded
projects, including the proposed measurable outcomes, must be made available on
the Web site required under section 3.303, subdivision 10, as soon as
practicable.� Information on the measured
outcomes and evaluation must be posted as soon as it becomes available.
(e) Grants funded by the arts and
cultural heritage fund must be implemented according to section 16B.98.� Proposals must specify all organizations,
including contact information, that will receive any portion of a grant and
specify a process for any regranting envisioned.� Priority for grant proposals must be given to
proposals involving grants that will be competitively awarded.
(f) A recipient of money from the
arts and cultural heritage fund must display a sign on capital projects and an
acknowledgment in a printed program or other material funded with money from
the arts and cultural heritage fund that identifies it as a project funded with
money from the vote of the people of Minnesota on November 4, 2008.
(g) All money from the arts and
cultural heritage fund must be for projects located in Minnesota.
Subd. 3.�
Special review.� A project receiving an appropriation or
appropriations from the arts and cultural heritage fund totaling $10,000,000 or
more in a biennium is subject to the following requirements:
(1) the attorney general must review
and approve all contracts and real estate transactions and make a determination
of whether they are in the best interest of the state and whether they meet all
applicable requirements; and
(2) a second appraisal, meeting the
state appraisal requirements for land acquisitions, must be conducted.
Sec. 18.� STATE
AND REGIONAL PARKS AND TRAILS FRAMEWORK.�
(a) $250,000 in fiscal year 2010 is
appropriated from the parks and trails fund to the commissioner of natural
resources for a collaborative project to develop a 25-year framework for the
use of the money available in the parks and trails fund under the Minnesota
Constitution, article XI, section 15, and other traditional sources of
funding.� The collaborative project shall
consist of a joint effort between representatives of the commissioner of
natural resources, the Metropolitan Council and its implementing agencies, the
Central Minnesota Regional Parks and Trails Coordinating Board, and regional
parks and trails organizations outside the metropolitan area.� The members shall prepare a ten-year
strategic parks and trails coordination plan and develop a 25-year framework
for use of the funding that includes goals and measurable outcomes and includes
a vision for Minnesotans of what the state and regional parks will look like in
25 years.
(b) In developing the coordination
plan and framework, the members shall utilize a process, including Web site
survey tools and regional listening sessions, to be staffed by the
commissioner, that ensures that citizens are included in development and
finalization of the final plan and framework.�
The commissioner, council, and board shall provide for input from user
groups and local and regional park and trail organizations.
(c) The plan and framework must
include:
(1) a proposed definition of
"parks and trails of regional significance";
(2) a plan to increase the number of
visitors to state and regional parks;
(3) assessment of the need for new or
expanded regional outdoor recreation systems to preserve and connect
high-quality, diverse natural resources in areas with concentrated and increasing
populations;
(4) budgeting for ongoing
maintenance;
(5) decommissions;
(6) a plan for trails that takes into
account connectivity and the potential for use by commuters;
(7) requirements for local
contribution; and
(8) benchmarks, beginning no later
than July 1, 2014.
(d) The commissioner shall submit the
ten-year plan and 25-year framework in November 15, 2009.
Sec. 19.� ARTS
AND CULTURAL HERITAGE FRAMEWORK.�
(a) By February 1, 2010, a joint
subcommittee of the house of representatives and senate committees with
jurisdiction over the arts and cultural heritage fund shall conduct public
meetings to gather additional public stakeholder input and provide
recommendations to their respective bodies for a one-year plan establishing
criteria, priorities, and parameters for awarding grants and resources.� The joint subcommittee shall select
representatives to participate in the collaborative project created under
paragraph (b).� The Legislative
Coordinating Commission may use resources allocated to it under this section to
provide the research and analysis necessary for the subcommittee to complete
their work.
(b) $250,000 in fiscal year 2010 is
appropriated from the arts and cultural heritage fund to the Legislative
Coordinating Commission for a collaborative project to develop a ten-year plan
and a 25-year framework for the use of the money available in the arts and
cultural heritage fund under the Minnesota Constitution, article XI, section
15, and other traditional sources of funding.�
The collaborative project shall consist of a joint effort between
representatives nominated by various listed organizations as follows, and
approved by the director: �an arts
education organization serving youth, an arts education organization serving
adults, a civics education organization, the Minnesota Historical Society,
local and regional historical organizations, Minnesota Board of the Arts,
selected Minnesota zoos, children's museums, and libraries, Minnesota public
television and radio, the Minnesota Center for the Humanities, and the Science
Museum of Minnesota.� The speaker of the
house and the senate Subcommittee on Committees of the Committee on Rules and
Administration shall each appoint three public members with expertise in the
arts and cultural heritage, who have no connection to existing arts and
cultural heritage organizations, and who come from diverse areas of the state,
to provide public perspective on future frameworks for funding.� The commission shall ensure that public
hearings are conducted by those creating plans and frameworks under this
section.� The members shall prepare a
ten-year plan and a 25-year framework for use of the funding that includes
goals and measurable outcomes and includes a vision for Minnesotans of what
arts, history, and cultural heritage will look like in 25 years.� The Legislative Coordinating Commission may
choose to issue a contract to the University of Minnesota to conduct and
coordinate this collaborative project, or may let a competitive grant to
another organization for such a contract.
(c) In developing the coordination
plan and framework, the members shall utilize a process, including Web site
survey tools and regional listening sessions, to be staffed by the Legislative
Coordinating Commission, that ensures that citizens are included in development
and finalization of the final plan and framework.� The Legislative Coordinating Commission shall
provide for input from user groups and local and regional arts and cultural
heritage organizations.
(d) The plan and framework must
include:
(1) a proposed definition of
"arts, history, and cultural heritage";
(2) a plan to increase participation
in arts, history, and cultural activities;
(3) plans to enhance services to
persons, programs, artists, and communities not traditionally served by
existing programs, including plans to develop and change existing program
priorities to meet these goals;
(4) a plan for serving areas with
limited access to arts, historical, and cultural heritage organizations;
(5) parameters for ongoing budgeting;
(6) requirements for local
contribution;
(7) standards for measuring outcomes;
(8) leveraging private and nonstate
dollars and examining the economic impact of new and expanded programs;
(9) consideration and feasibility of a
revolving loan fund for capital projects; and
(10) consideration of ways to best
limit funding to Minnesota-only projects.
(e) The director of the Legislative
Coordinating Commission shall submit the ten-year plan and a 25-year framework
in a report to the legislature no later than October 1, 2010, and shall submit
a preliminary report no later than December 15, 2009.
Sec. 20.� COMPREHENSIVE
STATEWIDE SUSTAINABLE WATER RESOURCES DETAILED FRAMEWORK.�
(a) The University of Minnesota shall
develop a comprehensive statewide sustainable water resources detailed
framework to protect, conserve, and enhance the quantity and quality of the
state's ground and surface waters.� The
detailed framework shall be a long-range, 25-year detailed framework, with an
implementation schedule and associated benchmarks, for policy, research,
monitoring, and evaluation in order to achieve sustainable ground and surface
water use, including the ecological benefits provided by water resources to
humans and fish and wildlife habitat.�
For the purposes of the detailed framework, water use is sustainable
when the use does not harm ecosystems, degrade water quality, or compromise the
ability of future generations to meet their own needs.
(b) The detailed framework shall be
developed by the University of Minnesota Water Resources Center in cooperation
with federal, state, and local government and private nonprofits with expertise
in water resources.� In developing the
detailed framework, the water resources plans of organizations with water resources
expertise shall be considered.� The
detailed framework must include, but is not limited to, identification of
infrastructure needs, drinking water, ground and surface waters, storm water,
agricultural and industrial needs, the interfaces of climate change,
development and land use, and demographics.�
The detailed framework must identify best practices and methods for
determining the effectiveness of those practices for wastewater treatment,
drinking water source protection, pollution prevention, conservation, and water
valuation.
(c) The University of Minnesota shall
also develop a ten-year plan for sustainable water resources.� In developing this plan, the University of
Minnesota Water Resources Center shall examine existing plans, as available and
appropriate, from the Environmental Quality Board and Clean Water Council.
(d) The University of Minnesota shall
submit the detailed framework to the chairs of the legislative committees with
jurisdiction over agriculture policy and finance and environment and natural
resources policy and finance by January 1, 2011.
(e) It is a condition of acceptance of
this appropriation that the University of Minnesota must submit a work plan, a
timeline, a budget, and periodic progress reports to the Legislative Coordinating
Commission.� After review, the work plan,
progress reports, and any comments on the plan must be submitted to the house
of representatives and senate environment finance and policy committees, and to
the Legislative Coordinating Commission.
Sec. 21.� LIMITS
ON APPROPRIATIONS.�
All appropriations from any fund
created under the Minnesota Constitution, article XI, section 15, shall be
onetime only, for the 2010-2011 biennium, and shall not carry forward past 2011
unless otherwise stated.� No appropriations
may be carried forward as part of a budget base.� The legislature shall reconsider all funding
before the beginning of the 2011 legislative session, and shall construct new
appropriations without regard to past funding decisions.
ARTICLE 6
MANAGEMENT
Section 1.� [84C.021]
CONSERVATION EASEMENT PURPOSE STATEMENT.�
A conservation easement purchased in
whole or in part with state funds appropriated on or after July 1, 2009, must
include a statement of the conservation purposes of the easement including the
conservation attributes associated with the real property and the benefit to
the general public intended to be served by the restriction on uses of the real
property subject to the conservation easement.
Sec. 2.� [84C.06]
LONG-TERM LAND MANAGEMENT ACCOUNT.�
Subdivision 1.�
Account established.� A long-term land management account is
established in the special revenue fund.�
The commissioner of finance shall credit to the long-term land
management account the contributions required under subdivision 2 and any gifts
and donations made to the account.� The
State Board of Investment shall invest the principle of the account.� All earnings on the investment shall accrue
to the account.� For the purposes of this
section, land management includes monitoring and enforcement.� The commissioner of finance shall report to
the legislature by January 15 of each odd-numbered year on contributions and
investment earnings of the account and, effective in 2019, on expenditures from
the account. "Monitoring" for purposes of this section means review
of actual practices of land management as they occur. "Enforcement"
for purposes of this section means actions taken to ensure compliance with laws
and stated agreements.
Subd. 2.�
Contributions required.� (a) A holder of a permanent conservation
easement purchased in whole or in part with state funds appropriated on or
after July 1, 2009, shall contribute the greater of $10,000 or five percent of
the appraised value of the land to the long-term land management account
established in subdivision 1 within 30 days of purchasing the easement.
(b) A holder of a permanent
conservation easement that transfers the conservation easement to the state on
or after July 1, 2009, shall contribute the greater of $10,000 or five percent
of the appraised value of the land to the long-term land management account
established in subdivision 1 within 30 days of transferring the easement unless
the contribution requirement has been met by the state.
(c) The owner of land acquired in fee
title purchased in whole or in part with state funds appropriated on or after
July 1, 2009, for natural resource purposes, including lands acquired by the
commissioner of natural resources and lands acquired to restore, protect, and
enhance wetlands, prairies, forests, habitat, water quality, and other natural
resources, shall contribute the greater of $10,000 or five percent of the
appraised value of the land to the long-term land management account
established in subdivision 1 within 30 days of purchasing the land.
(d) The owner of land acquired in fee
title purchased in whole or in part with state funds for natural resource
purposes, including lands acquired by the commissioner of natural resources or
lands acquired to restore, protect, and enhance wetlands, prairies, forests,
habitat, water quality, and other natural resources, that transfers land to the
state on or after July 1, 2009, shall contribute the greater of $10,000 or five
percent of the appraised value of the land to the long-term land management
account established in subdivision 1 within 30 days of transferring the land
unless the contribution requirement has been met by the state.� This paragraph does not apply to a unit of
local government for land acquired for park purposes, trails, open space,
conservation, and agricultural preservation, if the commissioner of natural
resources determines that the governing body of the unit of local government
has approved a plan to manage the land for as long as the unit of local
government owns the land.
(e) Nothing in this section prohibits
a holder of an easement or the owner of land in fee title from accepting gifts
or other funds to be used in meeting the contribution requirements of this
section or prohibits a contribution from being made on behalf of a holder of an
easement or owner of land in fee title to meet the requirements of
this section.
(f) For the purposes of this section,
"appraised value" is the most recent assessor's estimated market
value under section 273.11, subdivision 1, the most recent purchase price, or
the most recent appraised value of the land, whichever is greater.
(g) For conservation easements
acquired under chapters 103B to 103H, or when federal funds contribute to the
purchase of an easement, the state's easement cost as determined by rates
established by the Board of Water and Soil Resources, will be the basis for
determining the five percent in this section.
Subd. 3.�
Exemption.� The commissioner of natural resources and
the Board of Water and Soil Resources may waive the contribution requirement
under subdivision 2 for a holder of a conservation easement or owner of land in
fee title, upon request, provided the following conditions are met:
(1) for the holder of a conservation
easement, the holder must:
(i) demonstrate a history of
providing long-term management, monitoring, and enforcement of conservation
easements;
(ii) demonstrate the ability to fund
long-term management, monitoring, and enforcement of conservation easements;
and
(iii) have or soon will set aside
funds for the management, monitoring, and enforcement of the conservation
easement subject to the requirement under subdivision 2, such as administration
of an account similar to the long-term land management account established
under this section.
(2) for the owner of land in fee
title, the owner must:
(i) demonstrate a history of
providing land management in accordance with applicable requirements and
natural resource purposes;
(ii) demonstrate the ability to fund
the applicable land management requirements and purposes; and
(iii) have or soon will set aside
funds for the management of the land subject to the requirement under
subdivision 2, such as administration of an account similar to the long-term
land management account established under this section.
Subd. 4.�
Expenditures.� Money appropriated from the long-term land
management account must only be spent on the management, monitoring, and
enforcement of conservation easements to ensure that the purposes for
conservation easements according to section 84C.021 are met and on the
management of lands purchased with state funds for natural resource
purposes.� Funds must be appropriated by
law and shall not be appropriated until July 1, 2017.
Sec. 3.� Minnesota Statutes 2008, section 477A.12, subdivision
2, is amended to read:
Subd. 2.� Procedure.� Lands for which payments in lieu are made
pursuant to section 97A.061, subdivision 3, and Laws 1973, chapter 567, or
lands for which a onetime payment has been made under section 477A.121 shall
not be eligible for payments under this section.� Each county auditor shall certify to the
Department of Natural Resources during July of each year prior to the payment
year the number of acres of county-administered other natural resources land
within the county.� The Department of
Natural resources may, in addition to the certification of acreage, require
descriptive lists of land so certified.�
The commissioner of natural resources shall determine and certify to the
commissioner of revenue by March 1 of the payment year:
(1) the number of acres and most
recent appraised value of acquired natural resources land within each county;
(2) the number of acres of
commissioner-administered natural resources land within each county;
(3) the number of acres of county-administered
other natural resources land within each county, based on the reports filed by
each county auditor with the commissioner of natural resources; and
(4) the number of acres of land
utilization project land within each county.
The commissioner of transportation
shall determine and certify to the commissioner of revenue by March 1 of the
payment year the number of acres of land and the appraised value of the land
described in subdivision 1, paragraph (b), but only if it exceeds 500 acres.
The commissioner of revenue shall
determine the distributions provided for in this section using the number of
acres and appraised values certified by the commissioner of natural resources
and the commissioner of transportation by March 1 of the payment year.
Sec. 4.� [477A.121]
NATURAL RESOURCES LAND ONETIME PAYMENT.�
Subdivision 1.�
Onetime payments.� (a) A onetime payment shall be made under
this section on any acquired natural resources land purchased with funds from
the outdoor heritage fund appropriated on or after July 1, 2009, to the county
in which the land is located.� The
payment is equal to 25 percent of the appraised value of the acquired natural
resources land.
(b) Each year, the commissioner of
natural resources shall determine the total amount of payments for each county
on acquired natural resources lands located in the county that were acquired in
the previous calendar year and certify that amount to the commissioner of
revenue by March 1.
(c) Land receiving a onetime payment
under this section is not eligible for payments under section 97A.061
or 477A.12.
Subd. 2.�
Determination of appraised
value.� For the purposes of
this section, the appraised value of acquired natural resources land is the
purchase price.� If the acquisition
involves a donation, the appraised value of acquired natural resources land is
the value determined for the commissioner of natural resources by a licensed
appraiser, or the county assessor's estimated market value if the county
assessor's estimated market value is less than $100,000 and no appraisal has
been done.
Subd. 3.�
Transfer; source of funds.� An amount necessary to make the payments
required under this section is annually appropriated to the commissioner of
natural resources from the outdoor heritage fund for transfer to the
commissioner of revenue.� The commissioner
of revenue shall make the payments required under this section to the counties
at the same time that the first half of aid payments under sections 477A.011 to
477A.014 are made.
Subd. 4.�
Investment and use of funds.� (a) Upon receipt of a onetime payment, the
county shall disburse to each town an equivalent percentage of the onetime
payment as would have been distributed to the town under section 477A.14 of
funds paid under section 477A.12.
(b) The onetime payment remaining
after disbursement under paragraph (a) shall be invested and only the interest
may be expended, except that the board may approve by unanimous vote the use of
principal for authorized purposes when it is determined that the interest
payment is insufficient for a required expenditure.� The interest or authorized principal may only
be used for the purposes under section 97A.061 or 477A.12.
Sec. 5.� EFFECTIVE
DATE.�
(a) Sections 1 to 4 are effective
July 1, 2009, except that sections 1 to 4 do not apply to the Board of Water
and Soil Resources until September 30, 2010; and
(b) Sections 1 to 4 do not apply to
any project or appropriation contained in this act.
ARTICLE 7
MISCELLANEOUS
Section 1.� [3.3006]
APPLICATION.�
The definitions of
"enhance," "protect," and "restore" in section
84.02 apply to all funds appropriated and purposes authorized under the clean
water fund, parks and trails fund, and outdoor heritage fund.
Sec. 2.� Minnesota Statutes 2008, section 84.02, is
amended by adding a subdivision to read:
Subd. 4a.�
Enhance.� "Enhance" means to improve in
value, quality, and desirability in order to increase the ecological value of
the land or water.
Sec. 3.� Minnesota Statutes 2008, section 84.02, is
amended by adding a subdivision to read:
Subd. 6a.�
Protect.� "Protect" means actions taken to
preserve the structure and functions of ecological systems to maintain active
and healthy ecosystems and prevent future degradation.
Sec. 4.� Minnesota Statutes 2008, section 84.02, is
amended by adding a subdivision to read:
Subd. 6b.�
Restore.� "Restore" means renewing
degraded, damaged, or destroyed ecosystems through active human intervention to
achieve high-quality ecosystems that provide the structure, function,
biological diversity, and dynamics of the specific ecosystem.
Sec. 5.� [129D.18]
PUBLIC TELEVISION AND RADIO CULTURAL AND HERITAGE PRODUCTION AND ACQUISITION
GRANTS.�
Subdivision 1.�
Use of grant funds.� Money appropriated from the Minnesota arts
and cultural heritage fund may be designated to make grants to public stations,
as defined in section 129D.12, subdivision 2, and public educational radio
stations.� Grants received under this
section must be used to create, produce, acquire, or distribute programs that
educate, enhance, or promote local, regional, or statewide items of artistic,
cultural, or historic significance.�
Grant funds may be used to cover any expenses associated with the
creation, production, acquisition, or distribution of public television or
radio programs through broadcast or online, including the creation and
distribution of educational materials.
Subd. 2.�
Administration.� Money appropriated under this section must
be used by the commissioner of administration to make grants based upon the
recommendations of the Minnesota Public Television Association or the
Association of Minnesota Public Educational Radio Stations.
Subd. 3.�
Conditions.� (a) A public station or public educational
radio station receiving funds appropriated under this section must:
(1) make programs produced with these
funds available for broadcast to all other public stations or public
educational radio stations eligible to receive grants under this section;
(2) offer free public performance
rights for public educational institutions;
(3) archive programs produced with
these funds and make the programs available for future use through encore
broadcast or other distribution, including online; and
(4) ensure that underwriting credit
is given to the Minnesota arts and cultural heritage fund.
(b) Programs produced in partnership
with other mission-centered nonprofit organizations may be used by the
partnering organization for its own educational or promotional purposes.
Subd. 4.�
Reporting.� A public station or public educational
radio station receiving funds appropriated under this section must report
annually by August 1 to the commissioner and the chairs of the senate and house
of representatives committees and divisions having jurisdiction over arts and
cultural heritage policy and budget regarding how the previous year's grant
funds were expended.� This report must
contain specific information regarding the details for each program produced
and broadcast, including the cost of production, the number of stations
broadcasting the program, estimated viewership or number of listeners, the
number of Web site downloads, and other related measures.� If the programs produced include educational
material, the public station or public educational radio station must report to
the commissioner on these efforts.
Sec. 6.� [138.0375]
HISTORY EDUCATION LEARNING PROGRAM.�
Subdivision 1.�
History education learning
program established.� The
history education learning program (HELP) is established to augment the
preservation of historic sites and museums in Minnesota with funding from the
arts and cultural heritage fund created by the Minnesota Constitution, article
XI, section 15.
Subd. 2.�
Eligible projects.� (a) HELP funding must be for one or more
of the following purposes:
(1) code compliance at a historic
site or museum, including, but not limited to, health and safety, Americans
with Disabilities Act requirements, hazardous material abatement, access
improvement, air quality improvement, energy conservation measures, or
sustainable energy systems;
(2) building, grounds, or
infrastructure repairs or maintenance necessary to preserve or protect the
historic site or museum; or
(3) improvements or modernization for
interactive, interpretive, or cultural purposes at a historic site or museum.
(b) Up to 15 percent of an
appropriation under this section may be used for design, project management,
and administrative costs.
Subd. 3.�
State-owned or state-operated
historic sites and museums.� Money
appropriated for purposes of this subdivision is for state-owned or
state-operated historic sites and museums and must be used for the purposes
described in subdivision 2.
Subd. 4.�
Project priorities; report to
legislature.� (a) The
Minnesota Historical Society shall establish criteria for prioritizing HELP
projects.
(b) By January 15 of each year, the
Minnesota Historical Society shall submit a prioritization plan to the chairs
and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over arts and cultural heritage
finance.� The prioritization plan must
include, without limitation, a list of the projects that have been paid for
during the preceding calendar year with HELP funding, a prioritized list of projects
for which HELP funding will be sought during the next six fiscal years, and a
summary of the need and estimated costs for each project.
Sec. 7.� VOLUNTEER
WORKING GROUP ON DAKOTA AND OJIBWE LANGUAGE REVITALIZATION AND PRESERVATION.�
Subdivision 1.�
Establishment.� A volunteer working group is established
to develop a unified strategy to revitalize and preserve indigenous languages
of the 11 federally recognized American Indian tribes in Minnesota.� As the federal government recognized through
passage of the Esther Martinez Native American Languages Preservation Act of
2006, the revitalization and preservation of American Indian languages is of
vital importance to preserving the American Indian culture.� There have been recent efforts in Minnesota to
develop programs to teach the Dakota and Ojibwe languages to students and to
create fluent speakers at both the kindergarten through grade 12 level and at
the postsecondary level.� The volunteer
working group shall, among other duties, inventory these efforts and make
recommendations regarding how to further revitalize and preserve Dakota and
Ojibwe languages.
Subd. 2.�
Membership.� The executive director of the Minnesota
Indian Affairs Council shall invite each of the 11 federally recognized tribes
under Minnesota Statutes, section 3.922, subdivision 1, clause (1), to
participate by appointing one member of each tribe to the working group.� Three additional members shall be appointed
by the Indian Affairs Council.� Two of
these members must represent the American Indian population in the
Minneapolis-St. Paul area and one member must represent the American Indian
population in Duluth.� Other working
group members may include, at their discretion, the commissioner of education
or the commissioner's appointee, the director of the Office of Higher Education
or the director's appointee, the director of the Minnesota Historical Society
or the director's appointee, one member of the Board of Teaching, one member of
the senate appointed by its Subcommittee on Committees, and one member of the
house of representatives appointed by the speaker of the house.� The working group may add other members as
deemed appropriate by a majority vote of the existing members.� The executive director of the Indian Affairs
Council must convene the first meeting no later than September 1, 2009.� At the first meeting, the members shall elect
from amongst themselves a chair and vice chair of the working group.
Subd. 3.�
Duties.� The working group must develop strategies
for the 11 federally recognized American Indian tribes and the state to work
together to revitalize and preserve the Dakota and Ojibwe languages in
Minnesota.� The duties of the working
group include, but are not limited to:
(1) creating an inventory of existing
programs designed to preserve Dakota and Ojibwe languages in the state,
including postsecondary programs, programs in tribal schools, and other schools
throughout the state;
(2) creating an inventory of
available resources for Dakota and Ojibwe language revitalization and immersion
programs, including curriculum, educational materials, and trained teachers;
(3) identifying curriculum needs to
train teachers to teach the Dakota and Ojibwe languages in immersion programs
and barriers to training teachers to teach the Dakota and Ojibwe language;
(4) identifying classroom curriculum
needs for teaching students in Dakota and Ojibwe languages;
(5) determining how the identified
curriculum needs should be met;
(6) determining if there is a need
for a central repository of resources, and if there is a need, where the
repository should be located, how it should be structured, and who should have
responsibility for maintaining the repository;
(7) determining what technical
assistance the state could offer to further Dakota and Ojibwe language
immersion programs;
(8) identifying both existing state
and national financial resources available to further Dakota and Ojibwe
language revitalization and preservation efforts;
(9) identifying current state and
federal law, rules, regulations, and policy that should be repealed, modified,
or waived, in order to further Dakota and Ojibwe language immersion programs;
and
(10) assessing the level of interest
in the community for Dakota and Ojibwe language immersion programs.
Subd. 4.�
Report.� The working group must report its findings
and recommendations to the Indian Affairs Council and the committees of the
legislature having jurisdiction over early childhood through grade 12 education
and higher education by February 15, 2011.�
The committee expires on February 16, 2011.
EFFECTIVE DATE.� This section is
effective the day following final enactment.
ARTICLE 8
INVASIVE SPECIES
Section 1.� APPROPRIATION;
FOREST PROTECTION RESERVE.�
$2,000,000 is appropriated in fiscal
year 2010 from the outdoor heritage fund to the commissioner of agriculture to
identify, prevent, and in consultation with the forest resources council,
protect Minnesota forests by rapidly and effectively responding to the threat
or presence of plant pests.� At the
commissioner's discretion, the commissioner may access this appropriation if
sufficient resources are not available from state, federal, or other sources or
if the commissioner determines that sufficient state, federal, or other
resources will not be available to the commissioner in time to effectively
prevent the introduction or spread of tree pests and avert environmental or
economic harm.� Up to $125,000 is
available immediately to the commissioner of agriculture to update the state's
invasive and exotic tree pest plans by addressing the role of all stakeholders
in preventing the introduction or spread of, responding to, and containing
outbreaks and in remediation.� The
commissioner shall work in consultation with the commissioner of natural
resources, the Forest Resources Council, and the Forest Protection Task Force
and shall report findings and recommendations to the governor and the
appropriate legislative committees.� The
report must include recommendations to ensure that a coordinated and effective
response network is in place to protect our forests.� The
commissioner of agriculture may
transfer all or part of this appropriation to the commissioner of natural
resources and may award grants to local units of government or other
entities.� Any unencumbered balance does
not cancel at the end of fiscal year 2010 and is available in fiscal year 2011.
Sec. 2.� STATE
EXTERNAL FIREWOOD QUARANTINE.�
As authorized under Minnesota
Statutes, section 18G.06, the commissioner of agriculture must immediately
issue and enforce an emergency state exterior quarantine to prevent the entry
of firewood into this state unless the person possessing the firewood
demonstrates to the satisfaction of the commissioner or the commissioner's
agent that the firewood:
(1) was aged at least two years;
(2) has been heated sufficiently to
kill pests and disease; or
(3) is either transported or will be
received by a person who has entered into a compliance agreement with the
commissioner.
The quarantine may be modified or
repealed at the discretion of the commissioner of agriculture, as provided
under Minnesota Statutes, section 18G.06, subdivision 6."
Delete the title and insert:
"A bill for an act relating to
state government; appropriating money from constitutionally dedicated funds and
providing for policy and governance of outdoor heritage, clean water, parks and
trails, and arts and cultural heritage purposes; establishing and modifying
grants and funding programs; providing for advisory groups; providing
appointments; requiring reports; requiring rulemaking; amending Minnesota
Statutes 2008, sections 3.303, by adding a subdivision; 3.971, by adding a
subdivision; 17.117, subdivision 11a; 18G.11, by adding a subdivision; 84.02,
by adding subdivisions; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by adding
subdivisions; 103F.515, subdivisions 2, 4; 114D.50; 116G.15; 116P.05,
subdivision 2; 129D.17; 477A.12, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 3; 84; 84C; 85; 116; 129D; 138; 477A."
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Rules and
Legislative Administration.
����� The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 1298, A bill for an act relating to public finance; providing
terms and conditions relating to issuance of obligations and financing of
public improvements; modifying restrictions on mail elections; providing tax
credit and interest subsidy bonds; providing emergency debt certificates;
authorizing the issuance of local bonds; authorizing the cities of Chisago City
and Lindstrom to establish a joint venture, issue debt for use outside of the
jurisdiction, and share revenues; providing for the additional financing of
metropolitan area transit and paratransit capital expenditures; authorizing the
issuance of certain obligations; authorizing counties to make joint purchases
of energy and energy generation projects; authorizing Mountain Iron economic
development and Winona County economic authorities to form limited liability
companies; eliminating the maximum limit on state agricultural society's bonded
debt and the sunset on the authority to issue bonds and modifying its
authorized investments of debt service funds; extending sunset for special
service and housing improvement districts; modifying authority of
municipalities to
issue bonds for certain postemployment benefits; appropriating money;
amending Minnesota Statutes 2008, sections 37.31, subdivisions 1, 7; 37.33,
subdivision 3; 37.34; 126C.55, subdivision 4; 204B.46; 275.065, subdivision 6;
360.036, subdivision 2; 366.095, subdivision 1; 373.01, subdivision 3; 373.40,
subdivision 1; 373.47, subdivision 1; 373.48, subdivision 1, by adding a
subdivision; 383B.117, subdivision 2; 410.32; 412.301; 428A.03, subdivision 1;
428A.08; 428A.09; 428A.10; 428A.101; 428A.21; 446A.086, by adding a
subdivision; 469.005, subdivision 1; 469.034, subdivision 2; 469.153,
subdivision 2; 471.191, subdivision 1; 473.1293, by adding a subdivision;
473.39, by adding a subdivision; 474A.02, subdivisions 2, 14; 475.51,
subdivision 4; 475.52, subdivision 6; 475.58, subdivision 1; 475.67,
subdivision 8; Laws 1971, chapter 773, sections 1, subdivision 2, as amended;
4, as amended; Laws 2008, chapter 366, article 6, section 46, subdivisions 1,
2; proposing coding for new law in Minnesota Statutes, chapters 16A; 475;
repealing Minnesota Statutes 2008, section 37.31, subdivision 8; Laws 1998,
chapter 407, article 8, section 12, subdivision 4.
Reported the same back with the following amendments:
Page 29, delete section 44
Renumber the sections in sequence
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Lenczewski from the Committee on Taxes to which was referred:
H. F. No. 2367, A bill for an act relating to property taxation;
providing a property tax abatement for newly-constructed residential structures
in flood-damaged areas; appropriating money.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� TAX ABATEMENT; NEWLY CONSTRUCTED
RESIDENTIAL STRUCTURES IN FLOOD-DAMAGED CITIES.�
Subdivision 1.� Eligibility.� (a) A
residential structure qualifies for a tax abatement under this section, if:
(1) the structure is located in a city that is eligible to
designate a development zone under Minnesota Statutes, section 469.1731;
(2) the structure is located in a county designated as an
emergency area under presidential declaration FEMA-3304-EM;
(3) the structure is located on property classified as class
1a, 1b, 2a, 4a, 4b, 4bb, or 4d under Minnesota Statutes, section 273.13;
(4) no part of the structure was in existence prior to
January 1, 2009; and
(5) construction of the structure is commenced prior to
December 31, 2010.� For the purposes of
this clause, construction is deemed to have been commenced if a proper building
permit has been issued and the mandatory footing or foundation inspection has
been completed.
Subd. 2.� Application.� Application
for the abatement authorized under this section must be filed by January 2 of
the year following the year in which construction began.� The application must be filed with the
assessor of the county in which the property is located on a form prescribed by
the commissioner of revenue.
Subd. 3.� Tax abated.� (a)
For a property qualifying under subdivision 1 and classified as either 1a, 1b,
2a, 4b, or 4bb, the tax attributable to (1) $150,000 of market value, or (2)
the entire market value of the structure, whichever is less, shall be
abated.� For a property qualifying under
subdivision 1 and classified as class 4a or 4d, the tax attributable to (1)
$20,000 of market value per residential unit, or (2) the entire market value of
the structure, whichever is less, shall be abated.
(b) The abatement under paragraph (a) shall be in effect for
two taxes payable years, corresponding to the two assessment years after
construction has begun.� The abatement
shall not apply to any special assessments that have been levied against the
property.
Subd. 4.� Reimbursement.� By
May 1 of each taxes payable year in which an abatement has been authorized
under this section, the auditor shall report the amount of taxes abated for each
jurisdiction within the county to the commissioner of revenue, on a form
prescribed by the commissioner.� On or
before September 1 of each taxes payable year in which an abatement has been
authorized under this section, the commissioner of revenue shall reimburse each
local jurisdiction for the amount of taxes abated for the year under this
section.
Subd. 5.� Appropriation.� The
amount necessary to make the reimbursements required under this section is
annually appropriated to the commissioner of revenue from the general fund.
EFFECTIVE DATE.�
This section is effective for assessment years 2010 to 2012, for
taxes payable in 2011 to 2013."
Delete the title and insert:
"A bill for an act relating to property taxation; providing a
property tax abatement for newly constructed residential structures in
flood-damaged areas; appropriating money."
With the recommendation that when so amended the bill pass and be
re-referred to the Committee on Ways and Means.
����� The report was adopted.
SECOND
READING OF HOUSE BILLS
����� H. F. Nos. 108, 696, 927, 1193, 1218 and
1298 were read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
����� The following
House Files were introduced:
����� Davnie introduced:
����� H. F. No. 2372, A
bill for an act relating to the city of Minneapolis; repealing special street
light provisions; repealing Laws 1959, chapter 577.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Brod introduced:
����� H. F. No. 2373, A
bill for an act proposing an amendment to the Minnesota Constitution, article
XIII, by adding a section; providing authority to the Minnesota Public
Utilities Commission, or its successor, to issue a certificate of need for the
construction of a nuclear electric generating plant.
����� The bill was read
for the first time and referred to the Energy Finance and Policy Division.
����� Olin introduced:
����� H. F. No. 2374, A
bill for an act relating to higher education; establishing a student loan
forgiveness program for dentists to increase enrollment in the University of
Minnesota School of Dentistry; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 136A.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Hayden, Clark and
Champion introduced:
����� H. F. No. 2375, A
bill for an act relating to state government; modifying provisions governing
observance of Juneteenth; amending Minnesota Statutes 2008, section 10.55.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Emmer and Buesgens
introduced:
����� H. F. No. 2376, A
bill for an act relating to commerce; exempting from federal regulation under
the commerce clause of the Constitution of the United States a firearm, a
firearm accessory, or ammunition manufactured and retained in Minnesota;
proposing coding for new law in Minnesota Statutes, chapter 624.
����� The bill was read
for the first time and referred to the Committee on Public Safety Policy and
Oversight.
����� There being no objection, the order of
business advanced to Motions and Resolutions.
MOTIONS AND RESOLUTIONS
����� Sertich introduced:
����� House Concurrent Resolution No. 1, A House
concurrent resolution relating to deadlines; deleting the fifth deadline.
����� The house concurrent resolution was
referred to the Committee on Rules and Legislative Administration.
����� Sertich moved that the House recess subject to the call of the
Chair.� The motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to order by the Speaker.
����� Champion was excused between the hours of 11:00 a.m. and 11:30
a.m.
CALENDAR FOR THE DAY
����� H. F. No. 885 was reported
to the House.
Nornes, Westrom
and Murdock moved to amend H. F. No. 885, the first engrossment, as follows:
Page 7, after
line 25, insert:
"Sec.
9.� Minnesota Statutes 2008, section
469.312, subdivision 5, is amended to read:
Subd. 5.� Duration
limit.� (a) The maximum duration of a
zone is 12 years.� The applicant may
request a shorter duration.� The
commissioner may specify a shorter duration, regardless of the requested duration.
(b) The duration
limit under this subdivision and the duration of the zone for purposes of
allowance of tax incentives described in section 469.315 is extended by three
calendar years for each parcel of property that meets the following
requirements:
(1) the
qualified business operates an ethanol plant, as defined in section 41A.09, on
the site that includes the parcel; and
(2) the business
subsidy agreement was executed after April 30, 2006.
(c) Notwithstanding the 12-year zone limitation, any qualified
business that signs a business subsidy agreement, as required under sections
469.310, subdivision 11, and 469.313, before December 31, 2015, is entitled to
claim the tax benefits for which it qualifies under section 469.315 for the
year in which the business subsidy agreement is signed and ten additional
years, if the following requirements are met:
(1) a business closed or ceased its operations during calendar
year 2008 or 2009, resulting in the loss of one or more jobs, within the
jurisdiction of the local government unit entering the business subsidy
agreement; and
(2) the local government designates the qualified business as
the replacement for the business that ceased its operations, regardless of
whether the qualified business is operating in the same or similar line of
business or at the same location.� This
authority applies only to allow designation of one qualified business as a
replacement for a business that closed or ceased operations.
EFFECTIVE
DATE.� This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was taken on the Nornes et al
amendment and the roll was called.� There
were 48 yeas and 80 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
Murdock
Nornes
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Ward
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Doty
Eken
Faust
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Loon and Brod moved to amend H. F. No. 885, the first
engrossment, as follows:
Page 2, after line 2, insert:
"Section 1.�
Minnesota Statutes 2008, section 289A.08, subdivision 1, is amended to
read:
Subdivision 1.� Generally; individuals.� (a) A taxpayer must file a return for each
taxable year the taxpayer is required to file a return under section 6012 of
the Internal Revenue Code, except that:
(1) an individual who is not a Minnesota resident for any
part of the year is not required to file a Minnesota income tax return if the
individual's gross income derived from Minnesota sources as determined under
sections 290.081, paragraph (a), and 290.17, is less than the filing
requirements for a single individual who is a full year resident of Minnesota; and
(2) an individual who is a Minnesota resident is not required
to file a Minnesota income tax return if the individual's gross income derived
from Minnesota sources as determined under section 290.17, less the amount of
the individual's gross income that consists of compensation paid to members of
the armed forces of the United States or United Nations for active duty performed
outside Minnesota, is less than the filing requirements for a single individual
who is a full-year resident of Minnesota.; and
(3) an individual who filed an original return for a taxable
year is not required to file an amended return if (i) the amended return is
required as a result of state adoption of changes to the Internal Revenue Code
in a law enacted after March 1 after the close of the taxable year, and (ii)
the amount of additional tax that would be due on the amended return as a
result of adoption of the changes to the Internal Revenue Code is less than
$100.
(b) The decedent's final income tax return, and other income
tax returns for prior years where the decedent had gross income in excess of
the minimum amount at which an individual is required to file and did not file,
must be filed by the decedent's personal representative, if any.� If there is no personal representative, the
return or returns must be filed by the transferees, as defined in section 270C.58,
subdivision 3, who receive property of the decedent.
(c) The term "gross income," as it is used in this
section, has the same meaning given it in section 290.01, subdivision 20.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion did not
prevail and the amendment was not adopted.
Dettmer; Swails; Bunn; Eastlund; Anderson, B.; Shimanski;
Dean; Emmer and Drazkowski moved to amend H. F. No. 885, the first
engrossment, as follows:
Page 28, delete line 29 and insert "raising or
cultivating agricultural products as defined in clause (1) one or more
of the following activities, for which fees must be charged: training, riding
instruction, or other equestrian activities;"
����� A roll call was
requested and properly seconded.
����� The question was taken on the Dettmer et
al amendment and the roll was called.�
There were 51 yeas and 79 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bigham
Brod
Buesgens
Bunn
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Sterner
Swails
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bly
Brown
Brynaert
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Emmer moved to amend H. F. No. 885, the first engrossment, as
follows:
Page 22, after line 30, insert:
"Section 1.� [17.459] HORSES.�
Subdivision 1.�
Classification as livestock.� Horses and other equines raised for the
purposes of riding, driving, farm or ranch work, competition, racing,
recreation, sale, or as breeding stock are livestock.� Horses may be used for meat, hides, and
animal by-products.� Horses and their
products are livestock and farm products for purposes of financial transactions
and collateral.
Subd. 2.� Agricultural pursuit.� Raising horses and other equines is
agricultural production and an agricultural pursuit.� Horse breeding farms, horse training farms,
horse boarding farms, or farms combining those purposes, are an intensive
agricultural use that may be accomplished on limited acreage.� These intensive agricultural uses are
necessary for horses in order to control the feeding, safety, and overall
condition of the animals.
Subd. 3.� Applicability for property tax laws.� This section applies to the treatment of
land used for raising horses under section 273.13, subdivision 23, paragraph
(i), clause (1)."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� Westrom moved to
amend the Emmer amendment to H. F. No. 885, the first engrossment, as follows:
����� Page 1, after line
16, insert:
����� "Subd. 4.� Expiration.
�This section expires June 30,
2010."
����� A roll call was requested and properly
seconded.
����� The question was taken on the amendment to
the amendment and the roll was called.
����� Pursuant to rule 2.05, Brown was excused
from voting on the Westrom amendment to the Emmer amendment to H. F. No. 885,
the first engrossment.
����� There were 65 yeas and 65 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bly
Brod
Buesgens
Bunn
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Falk
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hosch
Howes
Jackson
Juhnke
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Lesch
Loon
Mack
McFarlane
McNamara
Morrow
Murdock
Nornes
Norton
Obermueller
Otremba
Peppin
Peterson
Poppe
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Swails
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Brynaert
Carlson
Champion
Clark
Cornish
Davnie
Dill
Eken
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Johnson
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Olin
Paymar
Pelowski
Persell
Reinert
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment to the amendment was not adopted.
CALL OF THE HOUSE
����� On the motion of Sertich and on the demand
of 10 members, a call of the House was ordered.�
The following members answered to their names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Holberg
Hornstein
Hortman
Hosch
Jackson
Johnson
Juhnke
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mack
Mahoney
Marquart
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slocum
Smith
Solberg
Sterner
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Sertich moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees.� The motion prevailed
and it was so ordered.
����� The question recurred on the Emmer
amendment and the roll was called.
����� Pursuant to rule 2.05, Brown was excused
from voting on the Emmer amendment to H. F. No. 885, the first engrossment.
����� Sertich moved that
those not voting be excused from voting.�
The motion prevailed.
����� There were 59 yeas and 66 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bly
Brod
Buesgens
Bunn
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Falk
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hosch
Howes
Juhnke
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Lesch
Loon
Mack
McFarlane
Morrow
Murdock
Nornes
Otremba
Peppin
Poppe
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Swails
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Brynaert
Carlson
Champion
Cornish
Davnie
Dill
Eken
Gardner
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Kahn
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Reinert
Rosenthal
Ruud
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
����� Zellers; Anderson, S; Sanders; Loon; Brod;
Seifert; Downey; Emmer; Buesgens and Kohls moved to amend H. F. No. 885,
the first engrossment, as follows:
Page 51, after line 32, insert:
"Sec. 2.�
Minnesota Statutes 2008, section 270C.02, subdivision 1, is amended to
read:
Subdivision 1.� Commissioner; supervision of department and
appointment.� The Department of
Revenue is under the supervision and control of the commissioner.� The commissioner shall be appointed by the
governor under the provisions of section 15.06.�
The commissioner shall be selected on the basis of ability and
experience in the field of tax administration and without regard to political
affiliations.� The governor may not
appoint as commissioner an individual who has been convicted of a criminal
violation of a federal or state tax or revenue law, who has failed to file a
required original individual income tax return within one year of its due date,
or who has unpaid federal, state, or local taxes for a prior taxable year when
the appointment is announced to the public."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was taken on the Zellers et
al amendment and the roll was called.�
There were 76 yeas and 55 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bigham
Brod
Brown
Buesgens
Bunn
Cornish
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Falk
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Hilstrom
Holberg
Hosch
Howes
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Masin
McFarlane
McNamara
Morgan
Morrow
Murdock
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Swails
Torkelson
Urdahl
Ward
Welti
Westrom
Zellers
����� Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bly
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Gardner
Greiling
Hausman
Hayden
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Paymar
Persell
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Wagenius
Winkler
Spk. Kelliher
����� The motion prevailed and the amendment was
adopted.
Buesgens, Emmer and Zellers moved to amend H. F. No. 885, the
first engrossment, as amended, as follows:
Page 5, after line 11, insert:
"Sec. 6.�
Minnesota Statutes 2008, section 290.06, subdivision 23, is amended to
read:
Subd. 23.� Refund of contributions to political
parties and candidates.� (a) A
taxpayer may claim a refund equal to the amount of the taxpayer's contributions
made in the calendar year to candidates and to a political party.� The maximum refund for an individual must not
exceed $50 and for a married couple, filing jointly, must not exceed $100.� A refund of a contribution is allowed only if
the taxpayer files a form required by the commissioner and attaches to the form
a copy of an official refund receipt form issued by the candidate or party and
signed by the candidate, the treasurer of the candidate's principal campaign
committee, or the chair or treasurer of the party unit, after the contribution
was received.� The receipt forms must be
numbered, and the data on the receipt that are not public must be made
available to the campaign finance and public disclosure board upon its request.� A claim must be filed with the commissioner
no sooner than January 1 of the calendar year in which the contribution was
made and no later than April 15 of the calendar year following the calendar
year in which the contribution was made.�
A taxpayer may file only one claim per calendar year.� Amounts paid by the commissioner after June
15 of the calendar year following the calendar year in which the contribution
was made must include interest at the rate specified in section 270C.405.
(b) No refund is allowed under this subdivision for a
contribution to a candidate unless the candidate:
(1) has signed an agreement to limit campaign expenditures as
provided in section 10A.322;
(2) is seeking an office for which voluntary spending limits
are specified in section 10A.25; and
(3) has designated a principal campaign committee.
This subdivision does not limit the campaign expenditures of
a candidate who does not sign an agreement but accepts a contribution for which
the contributor improperly claims a refund.
(c) No refund is allowed under this section for contributions
made in calendar year 2009 by taxpayers who at any time during the calendar
year were owners or employees of an organization that received federal
assistance under the Troubled Assets Relief Program enacted in Public Law
110-343, Division A, Title 1, excluding assistance provided to homeowners under
sections 109 and 110.
(c) (d) For purposes of this
subdivision, "political party" means a major political party as
defined in section 200.02, subdivision 7, or a minor political party qualifying
for inclusion on the income tax or property tax refund form under section
10A.31, subdivision 3a.
A "major
party" or "minor party" includes the aggregate of that party's
organization within each house of the legislature, the state party
organization, and the party organization within congressional districts,
counties, legislative districts, municipalities, and precincts.
"Candidate"
means a candidate as defined in section 10A.01, subdivision 10, except a
candidate for judicial office.
"Contribution"
means a gift of money.
(d) (e) The commissioner shall make
copies of the form available to the public and candidates upon request.
(e) (f) The following data
collected or maintained by the commissioner under this subdivision are private:
the identities of individuals claiming a refund, the identities of candidates
to whom those individuals have made contributions, and the amount of each contribution.
(f) (g) The commissioner shall
report to the campaign finance and public disclosure board by each August 1 a
summary showing the total number and aggregate amount of political contribution
refunds made on behalf of each candidate and each political party.� These data are public.
(g) (h) The amount necessary to pay
claims for the refund provided in this section is appropriated from the general
fund to the commissioner of revenue.
(h) (i) For a taxpayer who files a
claim for refund via the Internet or other electronic means, the commissioner
may accept the number on the official receipt as documentation that a
contribution was made rather than the actual receipt as required by paragraph
(a).
EFFECTIVE DATE.� This section is effective the day following
final enactment."
Renumber the
sections in sequence and correct the internal references
Amend the title
accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Buesgens et al amendment and the
roll was called.� There were 43 yeas and
88 nays as follows:
����� Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not prevail and the amendment was not adopted.
Emmer moved to amend H. F.
No. 885, the first engrossment, as amended, as follows:
Page 28, line 28, strike
everything after "horses"
Page 28, strike line 29 and
insert "that generates at least $500 in annual revenue and uses pasture
to graze the horses, whether or not the horses are trained on the property,
used for riding instruction, or used for other equestrian activities for hire;"
Page 31, line 6, before the
second period, insert ", except that the changes to paragraph (i),
clause (3), are effective for property taxes payable in 2010 and thereafter"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Emmer amendment and the roll was
called.�
����� Pursuant to rule 2.05, Brown was excused from voting on the
Emmer amendment to H. F. No. 885, the first engrossment, as amended.
����� Sertich moved that those not voting be
excused from voting.� The motion
prevailed.
����� There were 58 yeas and 71 nays as follows:
����� Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bly
Brod
Buesgens
Bunn
Cornish
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Falk
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Jackson
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Lesch
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Sterner
Swails
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Eastlund
and Dettmer moved to amend H. F. No. 885, the first engrossment, as amended, as
follows:
Page 22,
after line 30, insert:
"Section
1.� Minnesota Statutes 2008, section
272.02, is amended by adding a subdivision to read:
Subd. 90.� Electric
generation facility; personal property.�
Notwithstanding subdivision 9, clause (a), attached machinery and
other personal property which is part of an electric generation facility that
exceeds 150 megawatts of installed capacity, does not exceed 780 megawatts of
summer capacity, and that meets the requirements of this subdivision is exempt.� At the time of construction, the facility
must:
(1) be
designed to utilize natural gas as a primary fuel;
(2) not be
owned by a public utility as defined in section 216B.02, subdivision 4;
(3) be
located within five miles of at least two interstate natural gas pipelines;
(4) be
located within one mile of an existing electrical transmission substation with
operating alternating current voltages including each of 115 kV, 345 kV, and
500 kV;
(5) be
designed to provide electrical capacity, energy, and ancillary services and
have satisfied all of the requirements under section 216B.243; and
(6) have
executed an interconnection agreement with the Midwest Independent System
Operator that does not require the acquisition of more than one mile of new
electric transmission right-of-way within the county where the property is
located.
Construction
of the facility must be commenced after March 1, 2010, and before March 1,
2014.� Property eligible for this exemption
does not include electric transmission lines and interconnections or gas
pipelines and interconnections appurtenant to the property or the facility.
EFFECTIVE DATE.� This section is effective for assessment
year 2009 and thereafter, for taxes payable in 2010 and thereafter."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� The motion did not prevail and the
amendment was not adopted.
Zellers
moved to amend H. F. No. 885, the first engrossment, as amended, as follows:
Page 5,
after line 11, insert:
"Sec.
6.� Minnesota Statutes 2008, section
290.01, subdivision 19b, is amended to read:
Subd.
19b.� Subtractions from federal taxable income.� For individuals, estates, and trusts, there
shall be subtracted from federal taxable income:
(1) net
interest income on obligations of any authority, commission, or instrumentality
of the United States to the extent includable in taxable income for federal
income tax purposes but exempt from state income tax under the laws of the
United States;
(2) if
included in federal taxable income, the amount of any overpayment of income tax
to Minnesota or to any other state, for any previous taxable year, whether the
amount is received as a refund or as a credit to another taxable year's income
tax liability;
(3) the
amount paid to others, less the amount used to claim the credit allowed under
section 290.0674, not to exceed $1,625 for each qualifying child in grades
kindergarten to 6 and $2,500 for each qualifying child in grades 7 to 12,
for tuition, textbooks, and transportation of each qualifying child in
attending an elementary or secondary school situated in Minnesota, North
Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of this state may
legally fulfill the state's compulsory attendance laws, which is not operated
for profit, and which adheres to the provisions of the Civil Rights Act of 1964
and chapter 363A.� For the purposes of
this clause, "tuition" includes fees or tuition as defined in section
290.0674, subdivision 1, clause (1).� As
used in this clause, "textbooks" includes books and other
instructional materials and equipment purchased or leased for use in elementary
and secondary schools in teaching only those subjects legally and commonly
taught in public elementary and secondary schools in this state.� Equipment expenses qualifying for deduction
includes expenses as defined and limited in section 290.0674, subdivision 1,
clause (3). "Textbooks" does not include instructional books and
materials used in the teaching of religious tenets, doctrines, or worship, the
purpose of which is to instill such tenets, doctrines, or worship, nor does it
include books or materials for, or transportation to, extracurricular
activities including sporting events, musical or dramatic events, speech
activities, driver's education, or similar programs.� For purposes of the subtraction provided by
this clause, "qualifying child" has the meaning given in section
32(c)(3) of the Internal Revenue Code.�
For taxable years beginning after December 31, 2008, the commissioner
shall adjust the dollar amount of the maximum subtraction for children in
grades kindergarten to 6 and grades 7 to 12�
allowed in this clause by the percentage determined pursuant to the
provisions of section 1(f) of the Internal Revenue Code, except that in section
1(f)(3)(B) the word "2007" shall be substituted for the word
"1992." For 2009, the commissioner shall then determine the percent change
from the 12 months ending on August 31, 2007, to the 12 months ending on
August 31,
2008, and in each subsequent year, from the 12 months ending on August 31,
2007, to the 12 months ending on August 31 of the year preceding the taxable
year.� The determination of the
commissioner pursuant to this subdivision must not be considered a
"rule" and is not subject to the Administrative Procedure Act
contained in chapter 14.� The maximum
subtraction amounts as adjusted must be rounded to the nearest $10 amount.� If the amount ends in $5 the amount is
rounded up to the nearest $10 amount;
(4) income
as provided under section 290.0802;
(5) to the
extent included in federal adjusted gross income, income realized on
disposition of property exempt from tax under section 290.491;
(6) to the
extent not deducted or not deductible pursuant to section 408(d)(8)(E) of the
Internal Revenue Code in determining federal taxable income by an individual
who does not itemize deductions for federal income tax purposes for the taxable
year, an amount equal to 50 percent of the excess of charitable contributions
over $500 allowable as a deduction for the taxable year under section 170(a) of
the Internal Revenue Code and under the provisions of Public Law 109-1;
(7) for taxable
years beginning before January 1, 2008, the amount of the federal small ethanol
producer credit allowed under section 40(a)(3) of the Internal Revenue Code
which is included in gross income under section 87 of the Internal Revenue
Code;
(8) for
individuals who are allowed a federal foreign tax credit for taxes that do not
qualify for a credit under section 290.06, subdivision 22, an amount equal to
the carryover of subnational foreign taxes for the taxable year, but not to
exceed the total subnational foreign taxes reported in claiming the foreign tax
credit.� For purposes of this clause,
"federal foreign tax credit" means the credit allowed under section
27 of the Internal Revenue Code, and "carryover of subnational foreign
taxes" equals the carryover allowed under section 904(c) of the Internal
Revenue Code minus national level foreign taxes to the extent they exceed the
federal foreign tax credit;
(9) in each
of the five tax years immediately following the tax year in which an addition
is required under subdivision 19a, clause (7), or 19c, clause (15), in the case
of a shareholder of a corporation that is an S corporation, an amount equal to
one-fifth of the delayed depreciation.�
For purposes of this clause, "delayed depreciation" means the
amount of the addition made by the taxpayer under subdivision 19a, clause (7),
or subdivision 19c, clause (15), in the case of a shareholder of an S
corporation, minus the positive value of any net operating loss under section
172 of the Internal Revenue Code generated for the tax year of the
addition.� The resulting delayed
depreciation cannot be less than zero;
(10) job
opportunity building zone income as provided under section 469.316;
(11) to the
extent included in federal taxable income, the amount of compensation paid to
members of the Minnesota National Guard or other reserve components of the
United States military for active service performed in Minnesota, excluding
compensation for services performed under the Active Guard Reserve (AGR)
program.� For purposes of this clause,
"active service" means (i) state active service as defined in section
190.05, subdivision 5a, clause (1); (ii) federally funded state active service
as defined in section 190.05, subdivision 5b; or (iii) federal active service
as defined in section 190.05, subdivision 5c, but "active service"
excludes service performed in accordance with section 190.08, subdivision 3;
(12) to the
extent included in federal taxable income, the amount of compensation paid to
Minnesota residents who are members of the armed forces of the United States or
United Nations for active duty performed outside Minnesota under United States
Code, title 10, section 101(d); United States Code, title 32, section 101(12);
or the authority of the United Nations;
(13) an
amount, not to exceed $10,000, equal to qualified expenses related to a
qualified donor's donation, while living, of one or more of the qualified
donor's organs to another person for human organ transplantation.� For purposes of this clause, "organ"
means all or part of an individual's liver, pancreas, kidney, intestine, lung,
or bone marrow; "human organ transplantation" means the medical
procedure by which transfer of a human organ is made from the body of one
person to the body of another person; "qualified expenses" means
unreimbursed expenses for both the individual and the qualified donor for (i)
travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such
expenses may be subtracted under this clause only once; and "qualified donor"
means the individual or the individual's dependent, as defined in section 152
of the Internal Revenue Code.� An
individual may claim the subtraction in this clause for each instance of organ
donation for transplantation during the taxable year in which the qualified
expenses occur;
(14) in each
of the five tax years immediately following the tax year in which an addition
is required under subdivision 19a, clause (8), or 19c, clause (16), in the case
of a shareholder of a corporation that is an S corporation, an amount equal to
one-fifth of the addition made by the taxpayer under subdivision 19a, clause
(8), or 19c, clause (16), in the case of a shareholder of a corporation
that is an S corporation, minus the positive value of any net operating loss under
section 172 of the Internal Revenue Code generated for the tax year of the
addition.� If the net operating loss
exceeds the addition for the tax year, a subtraction is not allowed under this
clause;
(15) to the
extent included in federal taxable income, compensation paid to a service
member as defined in United States Code, title 10, section 101(a)(5), for
military service as defined in the Servicemembers Civil Relief Act, Public Law
108-189, section 101(2);
(16)
international economic development zone income as provided under section
469.325; and
(17) to the
extent included in federal taxable income, the amount of national service
educational awards received from the National Service Trust under United States
Code, title 42, sections 12601 to 12604, for service in an approved Americorps
National Service program.
EFFECTIVE DATE.� This section is effective for taxable
years beginning after December 31, 2008."
Page 6,
after line 34, insert:
"Sec.
8.� Minnesota Statutes 2008, section
290.0674, is amended by adding a subdivision to read:
Subd. 6.� Inflation
adjustment.� For taxable years
beginning after December 31, 2008, the commissioner shall adjust the dollar
amount of the maximum credit allowed in subdivision 2 and the maximum expense
for personal computer hardware and educational software in subdivision 1 by the
percentage determined pursuant to the provisions of section 1(f) of the
Internal Revenue Code, except that in section 1(f)(3)(B) the word
"2007" shall be substituted for the word "1992." For 2009,
the commissioner shall then determine the percent change from the 12 months
ending on August 31, 2007, to the 12 months ending on August 31, 2008, and in
each subsequent year, from the 12 months ending on August 31, 2007, to the 12
months ending on August 31 of the year preceding the taxable year.� The determination of the commissioner
pursuant to this subdivision must not be considered a "rule" and is
not subject to the Administrative Procedure Act contained in chapter 14.� The maximum credit amount and the maximum
expense for personal computer hardware and educational software as adjusted
must be rounded to the nearest $10 amount.�
If the amount ends in $5 the amount is rounded up to the nearest $10
amount.
EFFECTIVE DATE.� This section is effective for taxable
years beginning after December 31, 2008."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Zellers amendment
and the roll was called.
����������������������������
����� Sertich moved that
those not voting be excused from voting.�
The motion prevailed.
����� There were 49 yeas and 80 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Obermueller
Otremba
Peppin
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Downey
moved to amend H. F. No. 885, the first engrossment, as amended, as follows:
Page 2,
after line 2, insert:
"Section
1.� [116J.8737]
JOB GROWTH INVESTMENT TAX CREDIT.�
Subdivision
1.� Definitions.� (a)
For the purposes of this section, the following terms have the meanings given.
(b)
"Qualifying small business" means a business that:
(1) is
engaged in, or is committed to engage in, biotechnology, technology,
manufacturing, agriculture, processing or assembling products, conducting
research and development, or developing a new product or business process;
(2) is not
engaged in real estate development, insurance, banking, lobbying, political
consulting, wholesale or retail trade, leisure, hospitality, construction, or
professional services provided by attorneys, accountants, business consultants,
physicians, or health care consultants;
(3) has its
headquarters in Minnesota;
(4) employs
at least 51 percent of the business's employees in Minnesota;
(5) has
less than 100 employees;
(6) has
less than $2,000,000 in annual gross sales receipts for the previous year;
(7) is not
a subsidiary or an affiliate of a business which employs more than 100
employees or has total gross sales receipts for the previous year of more than
$2,000,000, computed by aggregating all of the employees and gross sales
receipts of the business entities affiliated with the business;
(8) has not
previously received more than $2,000,000 in private equity investments;
(9) has not
previously received more than $500,000 in investments that have qualified for
and received tax credits under this section; and
(10) for a
business with five or more employees, measured on a full-time equivalent basis:
(i)
provides wages and benefits to at least 75 percent of its employees in excess
of the first five employees, equal to or greater than 175 percent of the
federal poverty level for a family of four; and
(ii)
provides wages and benefits to its employees in excess of the first five employees,
equal to or greater than 110 percent of the federal poverty level for a family
of four.
(c)
"Qualifying green job small business" means a business that satisfies
all of the requirements of paragraph (b), except clause (1), and is
predominantly engaged in one or more of the following industry sectors:
(1) green
products: businesses related to the manufacture of products used by the
building, transport, consumer products, and industrial products sectors, that
reduce environmental impact and increase the efficiency of the use of resources
such as energy, water, and materials;
(2)
renewable energy: businesses related to the production of energy from natural
resources such as solar, wind, hydropower, geothermal, biomass (including but
not limited to animal waste and crop waste), and biofuels (including but not
limited to ethanol and biodiesel), as well as from waste heat recovery and from
the use of biomass for energy production including cogeneration;
(3) green
services: businesses that provide services that help other businesses or
consumers utilize green products and technologies, build energy infrastructure,
recycle, and manage waste; or
(4)
environmental conservation: businesses related to the conservation of energy,
air, water, and land, including air emissions control, environmental monitoring
and compliance, water conservation, wastewater treatment, land management
(including but not limited to prairie), natural pesticides, aquaculture, and
organic farming.
(d)
"Regional investment fund" means a pooled investment fund that:
(1) invests
in qualifying small businesses;
(2) invests
in qualifying green job small businesses;
(3) is
organized as a limited liability company or other pass-through entity; and
(4) has no
fewer than five separate investors, each of whom is a qualified taxpayer, as
defined in paragraph (e), and owns no more than 20 percent of the outstanding
ownership interests in the fund.
For
purposes of determining the number of investors and the ownership interests of
an investor under this clause, the ownership interests of an investor include
those of the investor's spouse, children, or siblings, and any corporation,
limited liability company, partnership, or trust in which the investor has a
controlling equity interest or in which the investor exercises management
control.
(e)
"Qualified taxpayer" means:
(1) an
accredited investor, within the meaning of Regulation D of the Securities and
Exchange Commission, Code of Federal Regulations, title 17, section 230.501(a),
whether part of a pass-through entity or not, who:
(i) does
not own, control, or hold power to vote 20 percent or more of the outstanding
securities of the qualifying small business or the qualifying green job small
business in which the eligible investment is proposed; or
(ii) does
not receive more than 50 percent of the gross annual income from the qualifying
small business or the qualifying green job small business in which the eligible
investment is proposed.
(2) A
member of the immediate family of a taxpayer disqualified by this subdivision
is not eligible for a credit under this section.� For purposes of this subdivision,
"immediate family" means the taxpayer's spouse, parent, sibling, or
child, or the spouse of any person listed in this paragraph.
Subd. 2.� Credit
allowed, holding period, limitations, and carryover.� (a) A qualified taxpayer is allowed a
credit against the tax imposed under chapter 290 for investments made in a
qualified regional investment fund, a qualifying small business, or a
qualifying green job small business.� The
credit equals 25 percent of the qualified taxpayer's investment in the
business, but not to exceed the lesser of:
(1) the
liability for tax under chapter 290, including the applicable alternative
minimum tax, but excluding the minimum fee under section 290.0922, and:
(2)(i) the
amount of the certificate provided to the taxpayer under subdivision 4,
paragraph (c); or
(ii) the
amount of the certificate provided to the qualified individual investor under
subdivision 6, paragraph (d).
(b) No
taxpayer may receive more than $100,000 in provisional credits under this
section in any one year.
(c) A
qualified taxpayer must claim the credit in the third tax year after which the
investment in the qualified regional investment fund, the qualifying small
business, or the qualifying green job small business was made.� The credit is allowed only for investments
made in:
(1) a
qualified regional investment fund that remains invested for at least three
years and that are made after the fund has been certified by the commissioner
under subdivision 4;
(2) a
qualifying small business that remains invested for at least three years and
that are made after the qualified individual investor has been certified by the
commissioner under subdivision 6; or
(3) a
qualifying green job small business that remains invested for at least three
years and that are made after the qualified individual investor has been
certified by the commissioner under subdivision 6.
(d) The
three-year investment holding period required by paragraph (c) does not apply
if:
(1) the
investment by the qualified regional investment fund or the qualified
individual investor becomes worthless before the end of the three-year period;
or
(2) the
qualifying small business or qualifying green job small business is sold before
the end of the three-year period.
(e) If the
amount of the credit under this subdivision for any taxable year exceeds the
limitations under paragraph (a), the excess is a credit carryover to each of
the ten succeeding taxable years.� The
entire amount of the excess unused credit for the taxable year must be carried
first to the earliest of the taxable years to which the credit may be
carried.� The amount of the unused credit
that may be added under this paragraph may not exceed the taxpayer's liability
for tax less the credit for the taxable year.
Subd. 3.� Qualified
regional investment fund; requirements.�
(a) To be certified as a qualified regional investment fund for the
purposes of this section, a regional investment fund must:
(1) have a
minimum of two-thirds of the regional investment fund's members, shareholders,
or partners be residents of the region that is the focus of the fund;
(2)
allocate at least 60 percent of the funds it invests to qualifying small
businesses or to qualifying green job small businesses within its region of
focus; and
(3)
allocate at least 50 percent of the funds it invests to qualifying green job
small businesses.
(b) The
allocations in paragraph (a), clauses (2) and (3), need not be exclusive.
(c) Investments
from other qualified regional investment funds into the qualifying small
businesses or qualifying green job small businesses that are the recipients of
the qualified regional investment fund's investment shall count toward the
allocations in paragraph (a), clauses (2) and (3).
(d)
Investments in the fund may consist of equity investments or notes that pay
interest or other fixed amounts, or any combination of both, as the fund's
governing body determines appropriate.
Subd. 4.� Certification
of funds.� (a) Regional
investment funds may apply to the commissioner for certification as a qualified
regional investment fund.� The
application must be in the form and be made under the procedures specified by
the commissioner, accompanied by an application fee of $1,250.� Fees are appropriated to the commissioner for
personnel and administrative expenses related to administering the program.
(b) The
commissioner may certify up to 20 regional investment funds per year.� Certifications shall be awarded in the order
of the qualifying applications received, subject to the following limitations:
(1) the
commissioner may certify no more than three regional investment funds per year
that seek business investment opportunities that may qualify for and receive
tax credits under this section in more than 15 Minnesota counties; and
(2) the
commissioner may certify no more than five regional investment funds per year
that seek business investment opportunities that may qualify for and receive
tax credits under this section in the metropolitan area, as defined in section
473.121, subdivision 2.
(c) The
commissioner shall provide provisional credit certificates to investors in a
qualified regional fund to credits under this section, in proportion to the
investment of the investor in the fund and upon a showing by the fund of an
investment in a qualifying small business or qualifying green job small
business, of no more than $500,000 per fund per year.� The commissioner may not issue a total of
more than $2,000,000 per year in provisional credit certificates to fund
investors in fiscal years 2010, 2011, 2012, and 2013.
(d) The
commissioner shall provide a final credit certificate to investors in the fund
upon a showing by the fund that the holding requirements of subdivision 2,
paragraph (b), have been met and that the investors in the fund are otherwise
eligible for the credit.
Subd. 5.� Fund
requirements.� The
commissioner shall enter into an agreement with each of the qualified regional
investment funds certified under subdivision 4.�
Each agreement must include a provision requiring the qualified regional
investment fund to annually report on the employment figures and wages and
benefits paid by the businesses in which investments are made and a provision
stating the specific manner in which the qualified regional investment fund
will comply or is complying with the allocation requirements under subdivision
3, paragraph (a), clauses (2) and (3).
Subd. 6.� Certification
of individual investors.� (a)
Qualified taxpayers may apply to the commissioner of employment and economic
development for certification as a qualified individual investor.� The application must be in the form and be
made under the procedures specified by the commissioner, accompanied by an
application fee of $250.� Fees are
appropriated to the commissioner for personnel and administrative expenses
related to administering the program.
(b) The
commissioner may certify up to 40 qualified individual investors per year.� Certifications shall be awarded in the order
of qualifying applications received, however the commissioner may certify no
more than ten qualified individual investors per year that seek business
investment opportunities that may qualify for and receive tax credits under
this section in the metropolitan area, as defined in section 473.121,
subdivision 2.
(c) The
commissioner shall provide provisional credit certificates to qualified
individual investors, upon a showing by the qualified individual investor of
investments of at least $25,000 in qualifying small businesses or qualifying
green job small businesses; at least one-half of the investments made by the
investor must be in qualifying green job businesses.� The commissioner may not issue more than $100,000
in provisional credit certificates per qualified individual investor per
year.� The commissioner may not issue a
total of more than $1,000,000 per year in provisional credit certificates to
qualified individual investors in fiscal years 2010, 2011, 2012, and 2013.
(d) The
commissioner shall provide a final credit certificate to the qualified
individual investor upon a showing by the investor that the holding
requirements of subdivision 2, paragraph (c), have been met and that the
investor is otherwise eligible for the credit.
Subd. 7.� Qualified
individual investor requirements.�
The commissioner shall enter into an agreement with each qualified
individual investor certified under subdivision 6.� Each agreement must include a provision
requiring the qualified individual investor to annually report on the
employment figures and wages and benefits paid by the businesses in which
investments are made and a provision stating the specific manner in which the
qualified individual investor will comply or is complying with the allocation
requirements under subdivision 6, paragraph (c).
Subd. 8.� Rulemaking.� The commissioner's actions in establishing
procedures and requirements and in making determinations and certifications to
administer this section are not a rule for purposes of chapter 14, are not
subject to the Administrative Procedures Act contained in chapter 14, and are
not subject to section 14.386.
EFFECTIVE DATE.� This section is effective July 1, 2009,
for taxable years beginning after December 31, 2008, and only applies
to investments made after the qualified regional investment fund or qualified
individual investor has been certified by the commissioner of economic
development.
Sec.
2.� Minnesota Statutes 2008, section
270A.03, subdivision 7, is amended to read:
Subd.
7.� Refund.� "Refund" means an individual income
tax refund or political contribution refund, pursuant to chapter 290, or
a property tax credit or refund, pursuant to chapter 290A, or a sustainable
forest tax payment to a claimant under chapter 290C.
For
purposes of this chapter, lottery prizes, as set forth in section 349A.08,
subdivision 8, and amounts granted to persons by the legislature on the
recommendation of the joint senate-house of representatives Subcommittee on
Claims shall be treated as refunds.
In the case
of a joint property tax refund payable to spouses under chapter 290A, the
refund shall be considered as belonging to each spouse in the proportion of the
total refund that equals each spouse's proportion of the total income
determined under section 290A.03, subdivision 3.� In the case of a joint income tax refund
under chapter 289A, the refund shall be considered as belonging to each spouse
in the proportion of the total refund that equals each spouse's proportion of the
total taxable income determined under section 290.01, subdivision 29.� The commissioner shall remit the entire
refund to the claimant agency, which shall, upon the request of the spouse who
does not owe the debt, determine the amount of the refund belonging to that
spouse and refund the amount to that spouse.�
For court fines, fees, and surcharges and court-ordered restitution
under section 611A.04, subdivision 2, the notice provided by the commissioner
of revenue under section 270A.07, subdivision 2, paragraph (b), serves as the
appropriate legal notice to the spouse who does not owe the debt.
EFFECTIVE DATE.� This section is effective for political
contribution refund claims based on contributions made on or after July 1,
2011."
Page 5,
after line 11, insert:
"Sec.
8.� Minnesota Statutes 2008, section
289A.50, subdivision 1, is amended to read:
Subdivision
1.� General
right to refund.� (a) Subject to the
requirements of this section and section 289A.40, a taxpayer who has paid a tax
in excess of the taxes lawfully due and who files a written claim for refund
will be refunded or credited the overpayment of the tax determined by the commissioner
to be erroneously paid.
(b) The
claim must specify the name of the taxpayer, the date when and the period for
which the tax was paid, the kind of tax paid, the amount of the tax that the
taxpayer claims was erroneously paid, the grounds on which a refund is claimed,
and other information relative to the payment and in the form required by the
commissioner.� An income tax, estate tax,
or corporate franchise tax return, or amended return claiming an overpayment
constitutes a claim for refund.
(c) When,
in the course of an examination, and within the time for requesting a refund,
the commissioner determines that there has been an overpayment of tax, the
commissioner shall refund or credit the overpayment to the taxpayer and no
demand is necessary.� If the overpayment
exceeds $1, the amount of the overpayment must be refunded to the
taxpayer.� If the amount of the
overpayment is less than $1, the commissioner is not required to refund.� In these situations, the commissioner does
not have to make written findings or serve notice by mail to the taxpayer.
(d) If the
amount allowable as a credit for withholding, estimated taxes, or dependent
care exceeds the tax against which the credit is allowable, the amount of the
excess is considered an overpayment.� The
refund allowed by section 290.06, subdivision 23, is also considered an
overpayment.� The requirements of
section 270C.33 do not apply to the refunding of such an overpayment shown on
the original return filed by a taxpayer.
(e) If the
entertainment tax withheld at the source exceeds by $1 or more the taxes,
penalties, and interest reported in the return of the entertainment entity or
imposed by section 290.9201, the excess must be refunded to the entertainment
entity.� If the excess is less than $1,
the commissioner need not refund that amount.
(f) If the
surety deposit required for a construction contract exceeds the liability of
the out-of-state contractor, the commissioner shall refund the difference to
the contractor.
(g) An
action of the commissioner in refunding the amount of the overpayment does not
constitute a determination of the correctness of the return of the taxpayer.
(h) There
is appropriated from the general fund to the commissioner of revenue the amount
necessary to pay refunds allowed under this section.
EFFECTIVE DATE.� This section is effective for political
contribution refund claims based on contributions made on or after July 1,
2011.
Sec.
9.� Minnesota Statutes 2008, section
290.01, subdivision 6, is amended to read:
Subd. 6.� Taxpayer.� The term "taxpayer" means any
person or corporation subject to a tax imposed by this chapter.� For purposes of section 290.06,
subdivision 23, the term "taxpayer" means an individual eligible to
vote in Minnesota under section 201.014.
EFFECTIVE DATE.� This section is effective for political
contribution refund claims based on contributions made on or after July 1,
2011.
Sec.
10.� Minnesota Statutes 2008, section
290.06, is amended by adding a subdivision to read:
Subd. 36.� Job
growth investment tax credit.� A
taxpayer is allowed a credit as determined under section 116J.8737 against the
tax imposed by this chapter.�
Notwithstanding the certification eligibility issued by the commissioner
of the Department of Employment and Economic Development under section
116J.8737, the commissioner may utilize any audit and examination powers under
chapters 270C or 289A to the extent necessary to verify that the taxpayer is
eligible for the credit and to assess for the amount of any improperly claimed credit.
EFFECTIVE DATE.� This section is effective July 1, 2009,
for taxable years beginning after December 31, 2008, and only applies
to investments made after the qualified regional investment fund or qualified
individual investor has been certified by the commissioner of employment and
economic development."
Page 7,
after line 25, insert:
"Sec.
14.� REPEALER.�
Minnesota
Statutes 2008, sections 10A.322, subdivision 4; and 290.06, subdivision 23, are
repealed effective for contributions made after June 30, 2011."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Downey amendment and the roll was
called.� There were 61 yeas and 71 nays
as follows:
����� Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davnie
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Mahoney
Masin
McFarlane
McNamara
Murdock
Nornes
Obermueller
Otremba
Pelowski
Peppin
Poppe
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Swails
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Dill
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Olin
Paymar
Persell
Peterson
Reinert
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not prevail and the amendment was not adopted.
����� H. F. No. 885, A bill for an act relating to taxation; making
policy, technical, administrative, and clarifying changes to income, corporate
franchise, estate, sales, use, minerals, mortgage, property, gross receipts,
gambling, cigarette, tobacco, liquor, insurance, and various taxes and
tax-related provisions; modifying local government aid and tax data provision;
appropriating money; amending Minnesota Statutes 2008, sections 126C.21,
subdivision 4; 126C.48, subdivision 8; 270B.14, subdivision 16; 270C.02,
subdivision 1; 270C.12, by adding a subdivision; 270C.446, subdivisions 2, 5;
270C.56, subdivision 1; 273.11, subdivision 23; 273.111, subdivision 4;
273.1115, subdivision 2; 273.113, subdivisions 1, 2; 273.1231, subdivision 8;
273.124, subdivision 21; 273.13, subdivisions 23, 25, 33; 273.33, subdivision
2; 273.37, subdivision 2; 274.13, subdivision 2; 274.135, subdivision 3; 274.14;
274.175; 275.70, subdivision 5; 275.71, subdivision 4; 287.04; 287.05, by
adding a subdivision; 287.22; 287.25; 289A.08, subdivision 3; 289A.12, by
adding a subdivision; 289A.18, subdivision 1; 289A.19, subdivision 4; 289A.38,
subdivision 7; 289A.41; 290.0671, subdivision 1; 290A.10; 290A.14; 290C.06;
290C.07; 295.56; 295.57, subdivision 5; 296A.21, subdivision 1; 297A.70,
subdivisions 2, 4; 297A.992, subdivision 2; 297A.993, subdivision 1; 297E.02,
subdivision 4; 297E.06, by adding a subdivision; 297E.11, subdivision 1;
297F.09, subdivision 7; 297G.09, subdivision 6; 297I.30, by adding a
subdivision; 297I.35, subdivision 2; 298.28, subdivisions 4, 11; 423A.02,
subdivisions 1b, 3, by adding a subdivision; 473.843, subdivision 3; 477A.011,
subdivisions 34, 42; 477A.013, subdivision 8; repealing Minnesota Statutes
2008, sections 287.26; 287.27, subdivision 1; 297A.67, subdivision 24; 298.28,
subdivisions 11a, 13; Minnesota Rules, parts 8115.0200; 8115.0300; 8115.0400;
8115.0500; 8115.0600; 8115.1000; 8115.1100; 8115.1200; 8115.1300; 8115.1400;
8115.1500; 8115.1600; 8115.1700; 8115.1800; 8115.1900; 8115.2000; 8115.2100;
8115.2200; 8115.2300; 8115.2400; 8115.2500; 8115.2600;
8115.2700; 8115.2800;
8115.2900; 8115.3000; 8115.4000; 8115.4100; 8115.4200; 8115.4300; 8115.4400;
8115.4500; 8115.4600; 8115.4700; 8115.4800; 8115.4900; 8115.5000; 8115.5100;
8115.5200; 8115.5300; 8115.5400; 8115.5500; 8115.5600; 8115.5700; 8115.5800;
8115.5900; 8115.6000; 8115.6100; 8115.6200; 8115.6300; 8115.6400; 8115.9900.
����� 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.
����� Sertich moved that
those not voting be excused from voting.�
The motion prevailed.
����� There were 120 yeas and 11 nays as
follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Buesgens
Dean
Dettmer
Drazkowski
Eastlund
Emmer
Hackbarth
Peppin
Severson
Shimanski
����� The bill was passed, as amended, and its
title agreed to.
����� Sertich moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
CALL OF THE HOUSE LIFTED
����� Sertich moved that the call of the House
be lifted.� The motion prevailed and it
was so ordered.
����� Abeler was excused between the hours of
1:45 p.m. and 3:00 p.m.
����� There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Sertich from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 1231, A bill for an act relating to state
government; appropriating money from constitutionally dedicated funds and
providing for policy and governance of outdoor heritage, clean water, parks and
trails, and arts and cultural heritage purposes; establishing and modifying
grants and funding programs; providing for advisory groups; providing
appointments; requiring reports; requiring rulemaking; amending Minnesota
Statutes 2008, sections 3.303, by adding a subdivision; 3.971, by adding a
subdivision; 17.117, subdivision 11a; 18G.11, by adding a subdivision; 84.02,
by adding subdivisions; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by adding
subdivisions; 103F.515, subdivisions 2, 4; 114D.50; 116G.15; 116P.05,
subdivision 2; 129D.17; 477A.12, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 3; 84; 84C; 85; 116; 129D; 138; 477A.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
Joint Rule 2.03 has been waived for any subsequent committee
action on this bill.
����� The report was
adopted.
Sertich from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 1825, A resolution memorializing the
President and Congress to repeal the federal legislation of 1863 ordering the
removal of Dakota people from Minnesota and the Dakotas.
Reported the same back with the following amendments:
Amend the title as follows:
Page 1, line 3, delete "and the Dakotas"
With the recommendation that when so amended the bill
pass.
����� The report was
adopted.
Sertich from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 2279, A bill for an act relating to housing;
creating a pilot program to stabilize market values of residential real estate
in certain areas; providing a five-year guarantee against depreciation in value
of certain properties; providing incentives to restructure mortgage loans;
authorizing rulemaking; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 462A.
Reported the same back with the recommendation that the
bill pass and be re-referred to the Committee on Finance.
Joint Rule 2.03 has been waived for any subsequent
committee action on this bill.
����� The report was
adopted.
Sertich from the Committee on Rules and Legislative
Administration to which was referred:
House Concurrent Resolution No. 1, A House concurrent
resolution relating to deadlines; deleting the fifth deadline.
Reported the same back with the recommendation that the
house concurrent resolution be adopted.
����� The report was
adopted.
����� House Concurrent
Resolution No. 1 was reported to the House.
HOUSE CONCURRENT RESOLUTION NO. 1
����� A House concurrent
resolution relating to deadlines; deleting the fifth deadline.
����� Be It Resolved, by the House of
Representatives of the State of Minnesota, the Senate concurring, that Senate
Concurrent Resolution No. 5, adopted by the House February 5, 2009, and by the
Senate February 9, 2009, is amended as follows:
����� Page 1, delete
lines 16 and 17
����� Sertich moved that
House Concurrent Resolution No. 1 be now adopted.
Seifert; Anderson, P.; Doepke; Urdahl; Peppin; Anderson, S.;
Murdock; Sanders; Scott; Demmer; Loon; Hamilton; Severson; Beard; Mack;
Torkelson; Lanning; McFarlane; Gunther; Emmer; Brod; Buesgens; Smith; Anderson,
B.; Zellers; Dean; Drazkowski; Kelly; Dettmer; Shimanski; Eastlund and Garofalo
moved to amend House Concurrent Resolution No. 1 as follows:
Page 1, delete line 6 and insert:
"Page 1, line 16, delete "7" and insert
"12""
����� A roll call was requested and properly
seconded.
����� The question was taken on the Seifert et
al amendment and the roll was called.�
There were 48 yeas and 84 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Swails
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
����� The question
recurred on the adoption of House Concurrent Resolution No. 1.� The motion prevailed and House Concurrent
Resolution No. 1 was adopted.
SECOND
READING OF HOUSE BILLS
����� H. F. No. 1825 was
read for the second time.
CALENDAR FOR
THE DAY
����� The Speaker called
Liebling to the chair.
����� S. F. No. 1476 was
reported to the House.
Holberg� and Nelson moved to amend S. F. No. 1476 as
follows:
Page 11,
line 25, reinstate the stricken language
Page 11,
line 26, reinstate everything before the stricken "and" and insert a
period
����� The motion prevailed and the amendment was
adopted.
����� S. F. No. 1476, A
bill for an act relating to labor and employment; modifying workers'
compensation provisions; amending Minnesota Statutes 2008, sections 176.101,
subdivision 2a; 176.102, subdivisions 3, 3a, by adding a subdivision; 176.103,
subdivision 3; 176.135, subdivisions 6, 7, by adding a subdivision; 176.155,
subdivision 1; 176.179; 176.181, subdivision 8; 176.183, subdivision 2;
176.186; 176.231, subdivision 1; 176.341, subdivision 1; 176.351, subdivision
2a; repealing Minnesota Statutes 2008, section 176.1021.
����� 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 116 yeas and 16 nays as follows:
����� Those who voted in the affirmative were:
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk.
Kelliher
����� Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Dean
Dettmer
Drazkowski
Eastlund
Emmer
Hackbarth
Holberg
Hoppe
Kohls
Peppin
Severson
Shimanski
Zellers
����� The bill was passed, as amended, and its
title agreed to.
����� S. F. No. 1810, A bill for an act relating
to property; enacting the Uniform Disclaimer of Property Interests Act;
proposing coding for new law in Minnesota Statutes, chapter 524; repealing
Minnesota Statutes 2008, sections 501B.86; 525.532.
����� 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 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk.
Kelliher
����� The bill was passed and its title agreed
to.
����� S. F. No. 1425 was reported
to the House.
Mahoney,
Hamilton and Juhnke moved to amend S. F. No. 1425, the first engrossment, as
follows:
Page 1,
line 13, delete "oder"
Page 1,
line 15, strike the period and insert "; or"
Page 1,
after line 15, insert:
"(3)
platform wheelchair lifts and elevators in churches.
EFFECTIVE DATE.� This section is effective the day
following final enactment.� Subdivision
5, clauses (2) and (3), expire on July 1, 2010."
Page 1,
line 16, delete "MANLIFTS IN
GRAIN"
Page 1,
line 18, after "to" insert ":" and after the
second comma, insert "platform wheelchair lifts and elevators in
churches,"
Page 1,
line 22, before "oder" insert "platform wheelchair lifts
and elevators in churches,"
Page 1,
after line 23, insert:
"EFFECTIVE DATE.� This section is effective the day
following final enactment."
Page 2,
delete section 3
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� The motion prevailed and the amendment was
adopted.
����� S. F. No. 1425, A bill for an act relating
to construction codes; providing for regulation of elevators in grain elevators
and similar structures; amending Minnesota Statutes 2008, section 326B.163,
subdivision 5.
����� 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 129 yeas and 3 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Buesgens
Emmer
Zellers
����� The bill was passed, as amended, and its
title agreed to.
����� S. F. No. 806, A bill for an act relating
to financial institutions; regulating payday lending; providing penalties and
remedies; amending Minnesota Statutes 2008, sections 47.60, subdivisions 4, 6;
53.09, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 47.
����� 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 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� The bill was passed and its title agreed
to.
����� S. F. No. 1431, A bill for an act relating
to employment; regulating the deduction from wages of unreimbursed expenses; amending
Minnesota Statutes 2008, section 177.24, subdivisions 4, 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 105 yeas and 27 nays as follows:
����� Those who voted in the affirmative were:
Anderson, P.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davids
Davnie
Dean
Demmer
Dill
Dittrich
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Cornish
Dettmer
Doepke
Drazkowski
Eastlund
Emmer
Garofalo
Hamilton
Holberg
Hoppe
Kelly
Kohls
Mack
McFarlane
McNamara
Murdock
Peppin
Scott
Seifert
Severson
Shimanski
Sterner
Torkelson
����� The bill was passed and its title agreed
to.
����� S. F. No. 1408, A bill for an act relating
to public safety; securing aircraft cockpits against lasers; proposing coding
for new law in Minnesota Statutes, chapter 609.
����� 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 3 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Buesgens
Emmer
Hackbarth
����� The bill was passed and its title agreed
to.
����� S. F. No. 675, A bill for an act relating
to health; making technical changes for emergency medical services; amending
Minnesota Statutes 2008, section 144E.101, subdivisions 6, 7.
����� 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 1 nay as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Holberg
����� The bill was passed and its title agreed
to.
����� S. F. No. 1217 was reported
to the House.
����� Loeffler moved to amend
S. F. No. 1217, the second engrossment, as follows:
����� Delete everything after the enacting
clause and insert the following language of H. F. No. 1293, the first
engrossment:
"Section 1.�
Minnesota Statutes 2008, section 144.604, subdivision 1, is amended to
read:
Subdivision 1.� Transport requirement.� Unless the Emergency Medical Services
Regulatory Board has approved a licensed ambulance service's deviation from the
guidelines under section 144E.101, subdivision 14, the ambulance service must
transport major trauma patients from the scene to the highest
state-designated trauma hospital within 30 minutes' transport time
according to subdivision 2.
EFFECTIVE
DATE.� This section is
effective July 1, 2010.
Sec. 2.� Minnesota
Statutes 2008, section 144.604, subdivision 2, is amended to read:
Subd. 2.� Ground ambulance exceptions
transportation.� Notwithstanding
subdivision 1, ground ambulances must comply with the following:
(1) patients with compromised airways must be transported
immediately to the nearest designated trauma hospital; and
(2) level II trauma hospitals capable of providing definitive
trauma care must not be bypassed to reach a level I trauma hospital. Ground
ambulances must immediately transport patients with compromised airways to the
nearest designated trauma hospital.� If
no designated trauma hospital exists within 30 minutes transport time, the
patient must be transported to the closest hospital.� In cases where a patient does not have a
compromised airway, the ground ambulance must transport major trauma patients:
(1) to a level I or level II trauma hospital within thirty
minutes transport time;
(2) if no level I or level II trauma hospital exists within
30 minutes transport time, the patient must be transported to the closest
designated trauma hospital within 30 minutes transport time or to a more
appropriate higher designated trauma hospital if predetermined by the ambulance
service medical director; or
(3) if no designated trauma hospital exists within 30 minutes
transport time, the patient must be transported to the closest hospital.
EFFECTIVE
DATE.� This section is
effective July 1, 2010.
Sec. 3.� Minnesota
Statutes 2008, section 144.608, subdivision 3, is amended to read:
Subd. 3.� Regional trauma advisory councils.� (a) Up to eight regional trauma advisory
councils may be formed as needed.
(b) Regional trauma advisory councils shall advise, consult
with, and make recommendation to the state Trauma Advisory Council on suggested
regional modifications to the statewide trauma criteria that will improve
patient care and accommodate specific regional needs.� The commissioner, in consultation with the
Emergency Medical Services Regulatory Board and the emergency medical services
and trauma hospitals in each region, shall provide quarterly data updates on
major trauma scene ground ambulance transports to each regional trauma advisory
council.
(c) Each regional advisory
council must have no more than 15 members.�
The commissioner, in consultation with the Emergency Medical Services
Regulatory Board, shall name the council members.
(d) Regional council members
may receive expenses in the same manner and amount as authorized by the plan
adopted under section 43A.18, subdivision 2.
Sec. 4.� �REPEALER.�
Minnesota Statutes 2008,
section 144.604, subdivision 3, is repealed the day following final enactment."
����� Delete the title and insert:
����� "A bill for an act relating to health; modifying emergency
medical transport provisions; amending Minnesota Statutes 2008, sections
144.604, subdivisions 1, 2; 144.608, subdivision 3; repealing Minnesota
Statutes 2008, section 144.604, subdivision 3."
����� The motion prevailed and the amendment was adopted.
����� S. F. No. 1217, A bill for an act relating to health; modifying
emergency medical transport provisions; providing for licensure, supervision, and
discipline of physician assistants; providing for licensure, supervision, and
discipline of dental assistants; changing anesthesia/sedation certificate fees;
providing for dentist credential review and limited general licenses in certain
instances; requiring that certain information be provided to regional trauma
advisory councils; imposing civil and criminal penalties;� amending Minnesota Statutes 2008, sections
144.1501, subdivision 1; 144.604, subdivisions 1, 2; 144.608, subdivision 3;
144E.001, subdivisions 3a, 9c; 147.09; 147A.01; 147A.02; 147A.03; 147A.04;
147A.05; 147A.06; 147A.07; 147A.08; 147A.09; 147A.11; 147A.13; 147A.16;
147A.18; 147A.19; 147A.20; 147A.21; 147A.23; 147A.24; 147A.26; 147A.27;
150A.01, subdivision 8; 150A.02, subdivision 1; 150A.05, subdivisions 1, 2;
150A.06, subdivisions 2a, 2b, 2c, 2d, 4a, 5, 7, 8; 150A.08, subdivisions 1, 3,
3a, 5, 6, 8; 150A.081; 150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3,
5, 7, 8, 9, 10, 11, 12, 14, 15, by adding subdivisions; 150A.10, subdivisions
1a, 2, 4; 150A.12; 150A.13; 169.345, subdivision 2; 253B.02, subdivision 7;
253B.05, subdivision 2; 256B.0625, subdivision 28a; 256B.0751, subdivision 1;
repealing Minnesota Statutes 2008, sections 144.604, subdivision 3; 147A.22;
150A.09, subdivision 6.
����� 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 132 yeas and 0
nays as follows:
����� Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� The bill was passed, as amended, and its
title agreed to.
����� S. F. No. 532, A bill for an act relating
to rulemaking; authorizing notice by electronic mail; amending Minnesota
Statutes 2008, sections 14.07, subdivision 6; 14.14, subdivision 1a; 14.22,
subdivision 1; 14.389, subdivision 2; 14.3895, subdivision 3.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� The bill was passed and its title agreed
to.
����� S. F. No. 457, A bill for an act relating
to health; modifying provisions for volunteer health practitioners; amending
Minnesota Statutes 2008, section 145A.06, subdivision 8.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 127 yeas and 5 nays as follows:
����� Those who voted in the affirmative were:
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Buesgens
Emmer
Hackbarth
Holberg
����� The bill was passed and its title agreed
to.
����� Sertich moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
����� Dittrich, Norton, Peppin, Severson and
Welti were excused for the remainder of today's session.
����� Kelly was excused between the hours of
5:55 p.m. and 7:00 p.m.
����� There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES
FROM THE SENATE
����� The following
messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned:
H. F. No. 1056, A bill for an act relating to
construction; requiring prompt payment to construction subcontractors;
regulating progress payments and retainages; amending Minnesota Statutes 2008,
section 337.10, subdivisions 3, 4.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 819, A bill for an act
relating to commerce; prohibiting certain unfair Internet ticket sales by original
sellers and resellers; proposing coding for new law in Minnesota Statutes,
chapter 609.
The Senate has repassed said bill in accordance with
the recommendation and report of the Conference Committee.� Said House File is herewith returned to the
House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 936, A bill for an act
relating to human services; specifying criteria for communities for a lifetime;
requiring the Minnesota Board on Aging to study and report on communities for a
lifetime; amending Minnesota Statutes 2008, section 256.975, by adding a
subdivision.
The Senate has repassed said bill in accordance with
the recommendation and report of the Conference Committee.� Said House File is herewith returned to the
House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 1301, A bill for an act
relating to public safety; providing for public safety, courts, and corrections
including requirements for predatory offenders regarding registration, computer
access, electronic solicitation, and special license plates; crime victims of
criminal sexual conduct and domestic abuse; domestic fatality review teams;
public defenders eligibility for representation,
appointment, and reimbursement; courts regarding judges' evidence from
recording equipment in a law enforcement vehicle; driver's license
reinstatement diversion pilot program; driver's license records; corrections
regarding probation, pretrial release, and correctional officers, sentencing,
and evidence-based practices for community supervision; sentencing guidelines;
emergency response team; controlled substances; financial crimes; unsafe
recalled toys; animal fighting; public employer consideration of criminal
records in hiring; peace officer and public safety dispatcher employment;
assault on public utility workers; trespass in police cordoned-off areas; peace
officer education; communications regarding criminal history, background
checks, warrant information, CIBRS data, criminal justice data, and Statewide Radio
Board; authorizing requests for proposals to replace alcohol concentration
breath testing devices; providing for boards, task forces, and programs;
providing for reports; providing for penalties; amending Minnesota Statutes
2008, sections 12.03, by adding a subdivision; 13.87, subdivision 1; 122A.18,
subdivision 8; 123B.03, subdivision 1; 152.02, subdivisions 6, 12; 152.027, by
adding a subdivision; 169.71, subdivision 1; 243.166, subdivisions 1a, 4, 4b,
6; 244.05, subdivision 6; 244.052, subdivision 1; 246.13, subdivision 2;
253B.141, subdivision 1; 299A.681; 299C.115; 299C.17; 299C.21; 299C.40,
subdivisions 1, 2; 299C.46, subdivision 1; 299C.52, subdivisions 1, 3, 4;
299C.53, subdivision 1; 299C.62, subdivision 1; 299C.65, subdivisions 1, 5;
299C.68, subdivision 2; 343.31, subdivision 1; 357.021, subdivision 6; 388.24,
subdivision 4; 401.025, subdivision 1; 401.065, subdivision 3a; 403.36,
subdivision 2, by adding a subdivision; 471.59, by adding subdivisions; 480.23;
484.91, subdivision 1; 491A.03, subdivision 1; 518.165, subdivision 5; 518B.01,
subdivisions 2, 20; 524.5-118, subdivision 2; 609.131, subdivision 1; 609.2231,
by adding a subdivision; 609.352, subdivision 2a; 609.605, subdivision 1;
611.17; 611.18; 611.20, subdivision 3; 611.21; 611.272; 611A.0315, subdivision
1; 626.843, subdivisions 1, 3; 626.845, subdivision 1; 626.863; 628.69,
subdivision 6; 629.34, subdivision 1; 629.341, subdivision 1; Laws 1999,
chapter 216, article 2, section 27, subdivisions 1, as amended, 3c, as added,
4; proposing coding for new law in Minnesota Statutes, chapters 12; 168; 169A;
244; 260B; 325F; 364; 634; repealing Minnesota Statutes 2008, sections
260B.199, subdivision 2; 260B.201, subdivision 3; 299C.61, subdivision 8;
299C.67, subdivision 3; 383B.65, subdivision 2; 403.36, subdivision 1f; Laws
2002, chapter 266, section 1, as amended.
The Senate has repassed said bill in accordance with
the recommendation and report of the Conference Committee.� Said House File is herewith returned to the
House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the adoption by the Senate of the
following House Concurrent Resolution, herewith returned:
House Concurrent Resolution No. 1, A House concurrent
resolution relating to deadlines; deleting the fifth deadline.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
the passage by the Senate of the following House File, herewith returned, as
amended by the Senate, in which amendments the concurrence of the House is
respectfully requested:
����� H. F. No. 885, A
bill for an act relating to taxation; making policy, technical, administrative,
and clarifying changes to income, corporate franchise, estate, sales, use,
minerals, mortgage, property, gross receipts, gambling, cigarette, tobacco,
liquor, insurance, and various taxes and tax-related provisions; modifying
local government aid and tax data provision; appropriating money; amending
Minnesota Statutes 2008, sections 126C.21, subdivision 4; 126C.48, subdivision
8; 270B.14, subdivision 16; 270C.02, subdivision 1; 270C.12, by adding a
subdivision; 270C.446, subdivisions 2, 5; 270C.56, subdivision 1; 273.11,
subdivision 23; 273.111, subdivision 4; 273.1115, subdivision 2; 273.113,
subdivisions 1, 2; 273.1231, subdivision 8; 273.124, subdivision 21; 273.13,
subdivisions
23, 25, 33; 273.33, subdivision 2; 273.37, subdivision 2;
274.13, subdivision 2; 274.135, subdivision 3; 274.14; 274.175; 275.70,
subdivision 5; 275.71, subdivision 4; 287.04; 287.05, by adding a subdivision;
287.22; 287.25; 289A.08, subdivision 3; 289A.12, by adding a subdivision;
289A.18, subdivision 1; 289A.19, subdivision 4; 289A.38, subdivision 7;
289A.41; 290.0671, subdivision 1; 290A.10; 290A.14; 290C.06; 290C.07; 295.56;
295.57, subdivision 5; 296A.21, subdivision 1; 297A.70, subdivisions 2, 4;
297A.992, subdivision 2; 297A.993, subdivision 1; 297E.02, subdivision 4;
297E.06, by adding a subdivision; 297E.11, subdivision 1; 297F.09, subdivision
7; 297G.09, subdivision 6; 297I.30, by adding a subdivision; 297I.35,
subdivision 2; 298.28, subdivisions 4, 11; 423A.02, subdivisions 1b, 3, by
adding a subdivision; 473.843, subdivision 3; 477A.011, subdivisions 34, 42;
477A.013, subdivision 8; repealing Minnesota Statutes 2008, sections 287.26;
287.27, subdivision 1; 297A.67, subdivision 24; 298.28, subdivisions 11a, 13;
Minnesota Rules, parts 8115.0200; 8115.0300; 8115.0400; 8115.0500; 8115.0600;
8115.1000; 8115.1100; 8115.1200; 8115.1300; 8115.1400; 8115.1500; 8115.1600;
8115.1700; 8115.1800; 8115.1900; 8115.2000; 8115.2100; 8115.2200; 8115.2300;
8115.2400; 8115.2500; 8115.2600; 8115.2700; 8115.2800; 8115.2900; 8115.3000;
8115.4000; 8115.4100; 8115.4200; 8115.4300; 8115.4400; 8115.4500; 8115.4600;
8115.4700; 8115.4800; 8115.4900; 8115.5000; 8115.5100; 8115.5200; 8115.5300;
8115.5400; 8115.5500; 8115.5600; 8115.5700; 8115.5800; 8115.5900; 8115.6000;
8115.6100; 8115.6200; 8115.6300; 8115.6400; 8115.9900.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Lenczewski moved
that the House refuse to concur in the Senate amendments to
H. F. No. 885, that the Speaker appoint a Conference Committee
of 5 members of the House, and that the House requests that a like committee be
appointed by the Senate to confer on the disagreeing votes of the two houses.
����� A roll call was requested and properly
seconded.
MOTION TO LAY ON THE TABLE
����� Seifert moved that
the Message from the Senate relating to H. F. No. 885, as amended by the
Senate, be laid on the table.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Seifert
motion and the roll was called.� There
were 41 yeas and 86 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hoppe
Howes
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Sanders
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Westrom
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Doty
Eken
Emmer
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Zellers
Spk. Kelliher
����� The motion did not prevail.
POINT OF ORDER
����� Emmer raised a point of order pursuant to
section 766, paragraphs 2 and 3, of "Mason's Manual of Legislative
Procedure," relating to Concurrence in Amendments.� The Speaker ruled the point of order not well
taken.
����� Emmer appealed the decision of the
Speaker.
����� A roll call was requested and properly
seconded.
CALL OF THE HOUSE
����� On the motion of Emmer and on the demand
of 10 members, a call of the House was ordered.�
The following members answered to their names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Westrom
Winkler
Zellers
Spk. Kelliher
����� All members answered to the call and it
was so ordered.
����� The question recurred on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.�
There were 84 yeas and 44 nays as follows:
����� Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Sanders
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� So it was the judgment of the House that
the decision of the Speaker should stand.
����� The question recurred on the Lenczewski
motion that the House refuse to concur in the Senate amendments to H. F.
No. 885, that the Speaker appoint a Conference Committee of 5 members of the
House and that the House requests that a like committee be appointed by the
Senate to confer on the disagreeing votes of the two houses and the roll was
called.
����� Sertich moved that those not voting be
excused from voting.� The motion did not
prevail.
����� The Speaker called Sertich to the Chair.
����� Pursuant to rule 2.05, Buesgens stated his
reasons for declining to vote.
����� Speaker pro tempore Sertich submitted the following
question to the House:� "Shall the
member, for the reasons stated, be excused from voting?"� Buesgens was excused from voting.
����� Morrow moved that those not voting be
excused from voting.� The motion
prevailed.
����� The Speaker resumed the Chair.
����� There were 117 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Doepke
Doty
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Westrom
Winkler
Spk. Kelliher
����� The motion prevailed.
Madam Speaker:
����� I hereby announce
the passage by the Senate of the following Senate Files, herewith transmitted:
����� S. F. Nos. 2,
1459, 1036, 1481, 1504, 1867 and 1889.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
FIRST
READING OF SENATE BILLS
S. F. No. 2, A bill for an act relating to state
government; specifying the development of budget recommendations and requiring
state agencies to provide information; requiring disclosure of status of fiscal
note requests; requiring a report on Minnesota milestones performance measures;
modifying state budget requirements; requiring a forecast of cash flow for the
general fund; specifying format for detailed budget estimates of expenditures;
imposing deadline for notice of deficiency requests; requiring a searchable
database of state expenditures; requiring a map of money used to support
children; reducing the number of deputy commissioners and eliminating assistant
commissioner positions in the unclassified service; providing additional
whistleblower protection to state employees; requiring a budget working group;
creating pilot program for driver's license reinstatement diversion for
individuals charged with driving without valid license; eliminating obsolete
requirements; appropriating money;�
amending Minnesota Statutes 2008, sections 3.885, by adding a
subdivision; 3.98, subdivision 4; 3.987, subdivision 1; 4A.01; 4A.02; 15.06,
subdivision 8; 16A.055, subdivision 1; 16A.10, subdivisions 1, 2; 16A.11,
subdivision 3, by adding a subdivision; 16B.03; 43A.08, subdivision 1; 45.013;
84.01, subdivision 3; 116.03, subdivision 1; 116J.01, subdivision 5; 116J.035,
subdivision 4; 174.02, subdivision 2;
181.932, subdivision 1; 241.01, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 4A; 16A; 43A;
repealing Minnesota Statutes 2008, sections 4A.06; 16A.152, subdivision 1b;
16C.046; 43A.08, subdivision 1b.
The bill was read for the first time and referred to
the Committee on State and Local Government Operations Reform, Technology and
Elections.
S. F. No. 1459, A bill for an act relating to state
government; requiring municipalities to utilize state cooperative purchasing;
amending Minnesota Statutes 2008, section 471.345, subdivision 15.
The bill was read for the first time and referred to the
Committee on State and Local Government Operations Reform, Technology and
Elections.
S. F. No. 1036, A bill for an act relating to state
government; ratifying state labor contracts.
The bill was read for the first time.
Lillie moved that S. F. No. 1036 and H. F. No. 1218,
now on the General Register, be referred to the Chief Clerk for
comparison.� The motion prevailed.
S. F. No. 1481, A bill for an act relating to the
budget reserve; modifying priorities for additional revenues in general fund forecasts;
requiring a report; amending Minnesota Statutes 2008, sections 16A.103,
subdivisions 1a, 1b, by adding a subdivision; 16A.11, subdivision 1, by
adding a subdivision; 16A.152, subdivision 2, by adding a subdivision.
The bill was read for the first time.
Solberg moved that S. F. No. 1481 and H. F. No. 2038,
now on the General Register, be referred to the Chief Clerk for
comparison.� The motion prevailed.
S. F. No. 1504, A bill for an act relating to human
services; amending mental health provisions; changing medical assistance
reimbursement and eligibility; changing provider qualification and training
requirements; amending mental health behavioral aide services; adding an
excluded service; changing special contracts with bordering states;� amending Minnesota Statutes 2008, sections
148C.11, subdivision 1; 245.4835, subdivisions 1, 2; 245.4885, subdivision 1;
245.50, subdivision 5; 256B.0615, subdivisions 1, 3; 256B.0622, subdivision 8,
by adding a subdivision; 256B.0623, subdivision 5; 256B.0624, subdivision 8;
256B.0625, subdivision 49; 256B.0943, subdivisions 1, 2, 4, 5, 6, 7, 9;
256B.0944, subdivision 5.
The bill was read for the first time and referred to
the Committee on Finance.
S. F. No. 1867, A bill for an act relating to state
government; creating the Minnesota Geospatial Information Office; proposing
coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota
Statutes 2008, section 4A.05.
The bill was read for the first time and referred to
the Committee on Finance.
S.
F. No. 1889, A bill for an act relating to state government; requiring certain
settlements involving the state to be paid to the state general fund;� amending Minnesota Statutes 2008, section
16A.151, subdivision 2.
The
bill was read for the first time and referred to the Committee on State and
Local Government Operations Reform, Technology and Elections.
CALENDAR FOR THE DAY
����� Sertich moved that the remaining bills on the Calendar for the
Day be continued.� The motion prevailed.
ANNOUNCEMENT BY THE SPEAKER
����� The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 885:
����� Lenczewski; Marquart; Greiling; Murphy, E., and Downey.
MOTIONS AND RESOLUTIONS
����� Buesgens moved that the name of Garofalo
be added as an author on H. F. No. 633.� The motion prevailed.
����� Hilstrom moved that the names of Sterner
and Hansen be added as authors on H. F. No. 818.� The motion prevailed.
����� Zellers moved that the name of Sterner be
added as an author on H. F. No. 2099.� The motion prevailed.
����� Carlson moved that H. F. No. 1893 be recalled
from the Committee on State and Local Government Operations Reform, Technology
and Elections and be re-referred to the Committee on Finance.� The motion prevailed.
����� Dill moved that H. F. No. 1238 be returned to its author.� The motion prevailed.
ADJOURNMENT
����� Sertich moved that when the House adjourns today it adjourn
until 9:30 a.m., Friday, May 8, 2009.�
The motion prevailed.
����� Sertich moved that the House adjourn.� The motion prevailed, and the Speaker
declared the House stands adjourned until 9:30 a.m., Friday, May 8, 2009.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives