STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2006
_____________________
ONE HUNDRED SIXTH DAY
Saint Paul, Minnesota, Monday, May 15, 2006
The House of Representatives convened at
11:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
The colors were presented by
officers from the Minnesota State Patrol in recognition of Police Week
beginning on May 15, 2006 and Peace Officers Memorial Day on May 15, 2006.
Prayer was offered by Father Joe Richards, St. Elizabeth
Catholic Church, Dilworth, Minnesota and St. Andrew's Catholic Church, Hawley,
Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Anderson, B., and Anderson, I., were
excused.
Magnus was excused until 4:40 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Brod moved
that further reading of the Journal be suspended and that the Journal be approved
as corrected by the Chief Clerk. The
motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 9, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Sviggum:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House File:
H. F. No. 2985, relating to
funerals; prohibiting the disruption of a funeral, burial service, or memorial
service; creating penalties and providing civil remedy.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
I have the honor to inform you that the
following enrolled Act of the 2006 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2006 |
Date Filed 2006 |
2985 195 11:25 a.m. May 9 May 9
Sincerely,
Mary
Kiffmeyer
Secretary
of State
STATE
OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 10, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Sviggum:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 3111, relating to
human services; providing for interstate contracts for chemical health
services.
H. F. No. 3665, relating to
the Minnesota Veterans Homes Board; authorizing the board to conduct certain
meetings by telephone or other electronic means.
H. F. No. 3771, relating to
health occupations; modifying Board of Medical Practice examination provision.
H. F. No. 3449, relating to
manufactured homes; regulating manufactured home park conversions.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
I have the honor to inform you that the
following enrolled Acts of the 2006 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2006 |
Date Filed 2006 |
3111 193 9:54 a.m. May 10 May 10
3665 198 9:55 a.m. May 10 May 10
3771 199 9:56 a.m. May 10 May 10
3449 200 9:57 a.m. May 10 May 10
Sincerely,
Mary
Kiffmeyer
Secretary
of State
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 11, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Sviggum:
I have vetoed and am returning Chapter No. 197, H. F. No.
3464, a bill relating to the Minnesota State Board of Barber and Cosmetology
Examiners ("Board") and the Minnesota Racing Commission.
I am concerned that the bill goes too far
in allowing felons, including those convicted of serious crimes, to work in the
gaming industry. Current law requires
the Racing Commission to issue an occupational license to persons who wish to
be employed in horse racing where pari-mutuel betting is conducted and
prohibits felons from obtaining an occupational license. The current license requirement is designed
to ensure the integrity of horse racing in Minnesota. Indeed, the rigor of the license provisions
was a key provision when the legislation authorizing pari‑mutuel horse
racing was passed by the legislature.
This bill raises a number of significant
concerns. First, this bill would allow
felons to work directly in gaming related jobs.
For example, persons with significant criminal histories would be
permitted to work as pari-mutuel employees, security guards and card club
employees. The bill is not limited to
job classifications that work directly with caring for the horses or other
non-gaming positions.
Second, some of the specific language used
in the bill is problematic. Where prior
convictions are used in assessing fitness for an occupation, Minnesota law
almost universally uses the date a person's sentence is discharged as the
starting point to calculate an exclusion period. A person is discharged only after they have
completed any sentence, supervised release or period of probation. This bill uses the date of conviction, rather
than date of discharge of the sentence, to initiate the 10 year exclusion
period. This would permit persons who
have committed serious crimes to obtain a license within a very short time
after serving time in prison. In addition,
the language that prohibits licensure of someone "on parole resulting from
a felony conviction" is confusing because it does not reflect Minnesota
sentencing practices. Minnesota does not
utilize a parole-based system for offenders.
It is my understanding that the intent of
this portion of the bill was to allow persons with felony convictions to work
in areas that currently require a Class C license, but that are not directly
involved in gaming operations or security.
While a limited exception to the current requirements may be more
appropriate, the licensing standards for the racetrack must remain rigorous to
ensure the integrity of horse racing and pari-mutuel gaming in Minnesota.
Sincerely,
Tim
Pawlenty
Governor
REPORTS
OF STANDING COMMITTEES
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 333, A bill for an act proposing an amendment to
the Minnesota Constitution, article IV, section 4; providing staggered terms of
office for senators.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 3664, A bill for an act relating to military
affairs; authorizing National Guard employees to carry certain weapons;
amending Minnesota Statutes 2004, sections 609.67, subdivisions 3, 5; 626.88,
subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2005 Supplement, section 43A.183, is amended to read:
43A.183 PAYMENT OF SALARY
DIFFERENTIAL FOR TO RESERVE FORCES WHO REPORTED REPORT
FOR ACTIVE SERVICE.
Subdivision 1.
Payment required. (a) Each agency head shall pay to each
eligible member of the National Guard or other reserve component of the
United States armed forces an amount equal to the person's salary
differential for each month or portion of month that the person is ordered to
serve in active military service.
The person's salary differential is calculated as
This payment may be made only to a person for whom the amount
in subdivision 2, paragraph (b), clause (1), is greater than the amount in
subdivision 2, paragraph (b), clause (2).
Payments must be made at the intervals at which the member received pay
as a state employee, except that any back pay due under this section may be
paid as a lump sum. Payment under this
section must not extend beyond four years from the date the employee reported
for active service, plus any additional time the employee may be legally required
to serve. An eligible member may apply
for the salary differential benefits authorized under this section prior to,
during, or following the person's active service on or after May 29, 2003.
Subd. 2. Definitions. (a) The definitions in this subdivision
apply to this section.
(b) "Salary differential" means the
difference between:
(1) the person's monthly total gross earnings as an active
state employee, excluding any overtime pay received but including all other
earnings, averaged over the last three full months of the person's active state
employment prior to reporting to active military service, and including
any additional salary or earnings adjustments that the person would have
received at any time during the person's military authorized
leave from state employment had the person been serving as an active
state employee during that time; and
(2) the person's monthly base pay in active military
service.
This
payment may be made only to a person for whom the amount in clause (1) is
greater than the amount in clause (2).
Payments must be made at the intervals at which the member received pay
as a state employee, except that any back pay due under this section may be
paid as a lump sum. Payment under this
section must not extend beyond four years from the date the employee reported
for active service, plus any additional time the employee may be legally
required to serve. An eligible member of
the National Guard or other reserve component of the United States armed forces
may apply for the pay differential benefits authorized under this section prior
to, during, or following the person's active military service on or after May
29, 2003.
(b) An eligible member of the reserve components (c)
"Eligible member" means:
(1) any member of the National Guard or other reserve
component of the United States armed forces is a reservist or
National Guard member who was an employee of the state of Minnesota at the
time the member took military leave under section 192.261 to report for active
military service; and
(2) any member of any other nonmilitary reserve component of
the uniformed services of the United States who was an employee of Minnesota at
the time the member took properly authorized leave from state employment under
substantially comparable federal or state authority ordering the person to
report for federal or state active service.
(c) For purposes of this section, an employee of the state is (d)
"State employee" means an employee of the executive,
judicial, or legislative branch of state government or an employee of the
Minnesota State Retirement System, the Public Employee Retirement Association,
or the Teachers Retirement Association.
(d) For purposes of this section, the term (e)
"Active service" has the meaning given in section 190.05, subdivision
5, for military members, and includes substantially comparable service for
reserve members of other nonmilitary components of the uniformed services of
the United States, but excludes service performed exclusively for purposes
of:
(1) basic combat training, advanced individual
training, annual training, and periodic inactive duty training;
(2) special training periodically made available to reserve
members;
(3) service performed in accordance with section 190.08,
subdivision 3; and
(4) service performed as part of the active guard/reserve
program pursuant to United States Code, title 32, section 502(f), or other
applicable authority, as well as substantially comparable service by members
of other nonmilitary components of the uniformed services of the United States.
Subd. 3. Health and dental coverage. (e) The agency head must continue the
employee's enrollment in health and dental coverage, and the employer
contribution toward that coverage, until the employee reports for active military
service. If the employee had elected
dependent coverage for health or dental coverage as of the time that the
employee reported for active service, the agency head must offer the employee
the option to continue the dependent coverage at the employee's own expense. The agency head must permit the employee to
continue participating in any pretax account in which the employee participated
when the employee reported for active service, to the extent of employee pay
available for that purpose. An employee
who has opted to continue a permitted benefit may cancel that continuation at
any time during the person's military authorized leave from
state employment by written notification from the employee, or from the
employee's designated attorney-in-fact under a power of attorney, to the agency
head or the commissioner of employee relations.
Subd. 4. Notice. relevant
to securing those benefits, including, but not limited to, any procedures
regarding the continuation and discontinuation of any optional deductions. It will suffice to meet this requirement if
the agency head posts the information on the agency Web site in a highly
recognizable manner that can be easily found and understood by the employees to
whom it might apply.(f) The agency head must periodically
inform in writing all agency personnel who are or may be members of the reserve
component of the United States armed forces or any other nonmilitary reserve
component of the uniformed services of the United States of the benefits
provided under this section and of the procedures
Upon being ordered to active duty service, the
employee must notify the agency head of that order in a timely manner and must
provide to the agency head the name of and contact information for the
employee's designated attorney-in-fact under a power of attorney. Prior to the commencement of the employee's military
authorized leave from state employment, the agency head must ensure
the agency's receipt of that information and immediately convey that
information to the commissioners of finance and employee relations, including
any subsequent change in that designation by the employee. When communicating with the employee during
the person's military leave, the agency head and the commissioners of
finance and employee relations must immediately provide a copy of the
communication to the employee's designated attorney-in-fact. Those officials must also honor requests for
information or other appropriate directives from that designee on behalf of the
employee during the employee's military leave.
Subd. 5. Procedures. (g) The commissioners of employee
relations and finance shall adopt procedures required to implement this
section. The procedures are exempt from
chapter 14.
Subd. 6. Exclusion. (h) This section does not apply to a
judge, legislator, or constitutional officer of the executive branch.
EFFECTIVE
DATE. This section is
effective for Minnesota state employees serving in active service on or after
July 1, 2006.
Sec. 2. Minnesota
Statutes 2004, section 85.053, is amended by adding a subdivision to read:
Subd. 8. Military personnel on leave; exemption. (a) The provisions of this section
requiring a state park permit and regulating its display do not apply to a
motor vehicle being used by a person who is serving in active military service
in any branch or unit of the United States armed forces and who is stationed
outside Minnesota, during the period of active service and for 90 days
immediately thereafter, if the person notifies the park attendant on duty or
other designee of the commissioner of the person's military status at the time
of usage. It is sufficient notice for
the eligible person to temporarily affix to the inside of the windshield of the
vehicle in a visible manner the person's current military orders to carry in
the person's possession current military identification attesting to the
person's active or recent military status.
(b) For purposes of this section, "active service"
has the meaning given under section 190.05, subdivision 5c, when performed
outside Minnesota.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. [181.947] LEAVE FOR IMMEDIATE FAMILY
MEMBERS OF MILITARY PERSONNEL INJURED OR KILLED IN ACTIVE SERVICE.
Subdivision 1.
Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Active service" has the meaning given in
section 190.05, subdivision 5.
(c) "Employee" means a person, independent
contractor, or person working for an independent contractor who performs
services for compensation, in whatever form, for an employer.
(d)
"Employer" means a person or entity located or doing business in this
state and having one or more employees, and includes the state and all
political or other governmental subdivisions of the state.
(e) "Immediate family member" means a person's
parent, child, grandparents, siblings, or spouse.
Subd. 2. Unpaid leave required. An employer must grant up to ten
working days of a leave of absence without pay to an employee whose immediate
family member, as a member of the United States armed forces, has been injured
or killed while engaged in active service.
Subd. 3. Notice. An employee must give as much notice
to the employee's employer as practicable of the employee's intent to exercise
the leave guaranteed by this section.
Subd. 4. Relationship to other leave. The length of leave provided under
this section may be reduced by any period of paid leave provided by the
employer. Nothing in this section
prevents an employer from providing leave benefits in addition to those
provided in this section or otherwise affects an employee's rights with respect
to other employment benefits.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to the immediate family
members of military personnel injured or killed on or after that date, as well
as to the immediate family members of military personnel who, on the effective
date, are recovering from injuries that occurred prior to that date.
Sec. 4. [181.948] LEAVE TO ATTEND MILITARY
CEREMONIES.
Subdivision 1.
Definitions. (a) For the purposes of this section, the
following terms have the meaning given in this subdivision.
(b) "Active service" has the meaning given in
section 190.05, subdivision 5.
(c) "Employee" means a person who performs services
for compensation, in whatever form, for an employer. Employee does not include an independent
contractor.
(d) "Employer" means a person or entity located or
doing business in this state and having one or more employees, and includes the
state and all political or other governmental subdivisions of the state.
(e) "Immediate family member" means a person's
grandparent, parent, legal guardian, sibling, child, grandchild, spouse,
fiance, or fiancee.
Subd. 2. Unpaid leave required. Unless the leave would unduly disrupt the
operations of the employer, an employer shall grant a leave of absence without
pay to an employee whose immediate family member, as a member of the United
States armed forces, has been ordered into active service in support of a war
or other national emergency. The
employer may limit the amount of leave provided under this subdivision to the
actual time necessary for the employee to attend a send-off or homecoming ceremony
for the mobilized service member, not to exceed one day's duration in any
calendar year.
Sec. 5. [190.001] POLICY STATEMENT.
In recognition of the necessity of maintaining a strong
military force for the protection and survival of this state and nation and of
free and democratic allied societies throughout the world, and of the numerous
and varied sacrifices required of military personnel and their families both in
peacetime and war, and of the exemplary character, courage, leadership, and
training of United States armed forces personnel of all generations, it is the policy
of the state of Minnesota to promulgate, implement, and maintain laws,
policies, rules, and procedures, insofar as is practicable and beneficial to
the people of this state and within available resources as may exist at any
time, that encourage, recognize, and reward honorable military service to this
state and nation, whether in regular active service or in the National Guard or
other reserve component service, during both peacetime and war. This includes, but is not limited to,
policies supportive of the physical and mental health needs of returning
veterans.
Sec. 6. Minnesota
Statutes 2004, section 190.055, is amended to read:
190.055 PROTECTIONS.
(a) A person called or ordered to active service, as
defined in section 190.05, subdivision 5a or 5b, has all the protections
afforded to persons in the military service of the United States under:
(1) the Soldiers and Sailors Civil Relief Act of 1940
Service Members Civil Relief Act, United States Code, Appendix 50, sections
501 to 548, and 560 to 591, as amended. at any time; and
(2) the Uniformed Services Employment and Reemployment Rights
Act, United States Code, title 38, sections 4301 to 4333, as amended at any
time.
(b) The acts referenced in paragraph (a), clauses (1) and
(2), may be cited as the "SCRA" and "USERRA," respectively.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 192.502, is amended by adding a subdivision
to read:
Subd. 3. Unpaid leave to attend military
ceremonies. Employees are
entitled to unpaid leave, as required by section 181.948, to attend the
send-off or homecoming ceremony of an immediate family member who, as a member
of the United States armed forces, has been mobilized for active military
service in support of a war or other national emergency.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 192.502, is amended by adding a subdivision
to read:
Subd. 4. Unpaid leave for families of injured or
deceased military members. Employees
are entitled to unpaid leave, as required by section 181.947, when an immediate
family member, as a member of the United States armed forces, has been injured
or killed while engaged in active service.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to the immediate family
members of military personnel injured or killed on or after that date, as well
as to the immediate family members of military personnel who, on the effective
date, are recovering from injuries that occurred prior to that date.
Sec. 9. [197.775] HIGHER EDUCATION FAIRNESS.
Subdivision 1.
Definitions. (a) The definitions in this subdivision
apply to this section.
(b) "Commissioner" means the commissioner of
veterans affairs.
(c) "State college or university" means a unit of
the University of Minnesota or Minnesota State Colleges and Universities.
Subd.
2.
(b) The University of Minnesota and private colleges and
universities in Minnesota are encouraged to recognize courses and award
educational credits for courses that were part of a veteran's military training
or service if the courses meet the standards of the American Council on Education
or equivalent standards for awarding academic credits.
Subd. 3. Tuition status. A state college or university must treat a
veteran as a Minnesota resident for purposes of determining the veteran's
undergraduate tuition rate. A state
college or university must treat a veteran as a Minnesota resident for purposes
of determining the veteran's graduate school tuition rate if the veteran was a
Minnesota resident on entering military service and starts attending the state
college or university graduate program within two years of completing military
service.
Subd. 4. Delayed payment of tuition. A state college or university may not
assess late fees or other late charges for veterans who are eligible to receive
federal educational assistance and who have applied for that assistance but not
yet received it, nor may they prevent these students from registering for a
subsequent term because of outstanding tuition charges that arise from delayed
federal payments. The state college or
university may request without delay the amount of tuition above expected
federal educational assistance and may require payment of the full amount of
tuition owed by the veteran within 30 days of receipt of the expected federal
educational assistance.
Sec. 10. Minnesota Statutes
2004, section 326.56, is amended to read:
326.56 LICENSES,
CERTIFICATES OF REGISTRATION; RENEWALS.
Subdivision 1. Definitions. For the purposes of this section the terms
defined in this subdivision shall have the meanings ascribed to them.
(1) "Active military service" has the meaning
given in section 190.05, subdivision 5.
(2) "Employment essential to the prosecution of any
a war and or to the national defense" means employment
by the federal government of the United States of America, or any
of its agencies, or any by a federal government contractor under
the United States of America, or subcontractor under such contractor,
in work connected with the prosecution of a war or for the defense of
the United States of America and others of the United Nations during war
or its allies.
(2) (3) "Outside of the United
States" means outside of the territorial limits of the 50 states of the
United States and the District of Columbia.
Subd. 2. Trade licenses or registrations, renewals;
exemption national
defense, whose license or certificate of registration was effective at the time
of the person's entry into of members of for armed forces and certain essential
employees. Notwithstanding
any other provision of statutes, any person required by law to be licensed
or registered by the state of Minnesota in order to carry on or practice
a trade, employment, occupation or profession in the within this
state of Minnesota who is also required by law to renew the license or
certificate of registration at stated intervals and to pay a fee for such
renewal on or before a specified date, or be subject to revocation of the license
or certificate or other penalties, and who has since the enactment by
the Congress of the United States of the Selective Service and Training Act of
1940 entered, or shall hereafter enter, the armed forces of the United States
of America been ordered into active military service, or who has since
the enactment of said act been engaged, or shall hereafter be engaged, in
employment, outside of the United States, essential to the
prosecution of any a war or to the the armed forces active military
service or engagement in the employment aforesaid, is hereby
exempted from the payment of all renewal fees and from the filing of any
application for renewal, which but for this section would have been required as
a condition of the renewal of the license or certificate, during the time the
person has been in such armed forces active military service or in
such that employment, and from any penalties for nonpayment or late
payment, and is hereby exempted from further payment of such renewal fees and
from the making of any application for renewal during the period the person
shall remain in such armed forces active military service or is
engaged in such the employment, and for a further period of
six months from discharge from the armed forces, if a member thereof, or
from the date of return within the boundaries of the United States if engaged
in the employment hereinbefore referred to thereafter. The license or certificate in the meantime
shall remain in full force and effect, and if it has been canceled or revoked since
the date of the enactment of the Selective Service and Training Act of 1940
solely on the ground basis of nonpayment of renewal fees, or
failure to apply for a renewal, it shall be reinstated upon the application of
the licensee or registrant or any one on the licensee's or registrant's
by anyone on the person's behalf without the payment of any penalties or
costs. Any such person may within six
months from the date of release from the armed forces of the United States,
if the person has been a member of such armed forces active military
service, or from the date of return within the boundaries of the United
States if the person has been engaged in the essential employment hereinbefore
referred to, make application for a renewal of the license or certificate
without penalty and in the same manner as if the person had made application
therefor at the time or time specified by existing laws, irrespective of
whether the license or certificate has expired or is due to expire within that
time period.
Sec. 11. Minnesota
Statutes 2004, section 609.67, subdivision 3, is amended to read:
Subd. 3. Uses permitted. The following persons may own or possess a
machine gun or short-barreled shotgun provided the provisions of subdivision 4
are complied with:
(1) law enforcement officers for use in the course of their
duties;
(2) chief executive officers of correctional facilities and
other personnel thereof authorized by them and persons in charge of other
institutions for the retention of persons convicted or accused of crime, for
use in the course of their duties;
(3) persons possessing machine guns or short-barreled
shotguns which, although designed as weapons, have been determined by the
superintendent of the Bureau of Criminal Apprehension or the superintendent's
delegate by reason of the date of manufacture, value, design or other
characteristics to be primarily collector's items, relics, museum pieces or
objects of curiosity, ornaments or keepsakes, and are not likely to be used as
weapons;
(4) manufacturers of ammunition who possess and use machine
guns for the sole purpose of testing ammunition manufactured for sale to
federal and state agencies or political subdivisions; and
(5) dealers and manufacturers who are federally licensed to
buy and sell, or manufacture machine guns or short-barreled shotguns and who
either use the machine guns or short-barreled shotguns in peace officer
training under courses approved by the Board of Peace Officer Standards and
Training, or are engaged in the sale of machine guns or short-barreled shotguns
to federal and state agencies or political subdivisions.; and
(6) persons employed by the Minnesota National Guard as
security guards, for use in accordance with applicable federal military
regulations.
Sec.
12. Minnesota Statutes 2004, section
609.67, subdivision 5, is amended to read:
Subd. 5. Exceptions. This section does not apply to members of the
armed services of either the United States or the state of Minnesota for use in
the course of their duties or to security guards employed by the Minnesota
National Guard for use in accordance with applicable federal military
regulations.
Sec. 13. Minnesota
Statutes 2004, section 626.88, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the
following terms have the meanings given them.
(b) "Peace officer" means an employee of a
political subdivision or state law enforcement agency who is licensed pursuant
to sections 626.84 to 626.863 charged with the prevention and detection of
crime and the enforcement of the general criminal laws of the state and who has
full power of arrest, and shall also include Minnesota state troopers, state
conservation officers, park police, constables, and University of Minnesota
police officers.
(c) "Security guard" means any person who is paid a
fee, wage or salary to perform one or more of the following functions:
(1) prevention or detection of intrusion, unauthorized entry
or activity, vandalism or trespass on private property;
(2) prevention or detection of theft, loss, embezzlement,
misappropriation, or concealment of merchandise, money, bonds, stocks, notes,
or other valuable documents or papers;
(3) control, regulation, or direction of the flow or
movements of the public, whether by vehicle or otherwise, to assure protection
of private property;
(4) protection of individuals from bodily harm; or
(5) prevention or detection of intrusion, unauthorized entry
or activity, vandalism, or trespass on Minnesota National Guard facilities,
including, but not limited to, Camp Ripley and Air National Guard air bases; or
(5) (6) enforcement of policies and rules
of the security guard's employer related to crime reduction insofar as such
enforcement falls within the scope of security guard's duties.
The term "security guard" does not include: (i)
auditors, accountants, and accounting personnel performing audits or accounting
functions; (ii) employees of a firm licensed pursuant to section 326.3381 whose
duties are primarily administrative or clerical in nature; (iii) unarmed
security personnel; (iv) personnel temporarily employed pursuant to statute or
ordinance by political subdivisions to provide protective services at social
functions; (v) employees of air or rail carriers.
Sec. 14. MEMORIAL PLAQUES.
Subdivision 1.
Memorial plaque honoring
military war dogs and their handlers.
A memorial plaque may be placed in the Court of Honor on the
Capitol grounds to recognize the valiant service to our nation by the thousands
of brave military war dogs and their handlers who served honorably as members
of the United States armed forces during all of our nation's wars and during
peacetime. The plaque must be furnished
by a person or organization other than the Department of Veterans Affairs and
must be approved by the commissioner of veterans affairs and the Capitol Area
Architectural and Planning Board.
Subd.
2.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. REVISOR'S INSTRUCTION.
The revisor of statutes shall insert a first grade header
after Minnesota Statutes, section 181.946, that reads "LEAVE FOR FAMILIES
OF MOBILIZED MILITARY MEMBERS.""
Delete the title and insert:
"A bill for an act relating to the military; expanding
eligibility for the salary differential program for state employees ordered
into active military service; permitting military personnel stationed outside
Minnesota to use state parks without fee while home on leave; providing leave
without pay to family members of soldiers wounded or killed while in active
service, and for family members of deployed soldiers to attend send-off or homecoming
ceremonies; establishing a policy statement supportive of military service;
providing certain job protections for persons ordered into active military
service; adding cross-references; directing institutions of higher education to
provide credit for military training and experience for veterans; clarifying
law governing renewal of occupational licenses and professional certifications
during and following active military service; authorizing National Guard
security guard employees to carry certain weapons; authorizing the placement of
plaques honoring certain veterans in the Court of Honor; amending Minnesota
Statutes 2004, sections 85.053, by adding a subdivision; 190.055; 326.56;
609.67, subdivisions 3, 5; 626.88, subdivision 1; Minnesota Statutes 2005
Supplement, sections 43A.183; 192.502, by adding subdivisions; proposing coding
for new law in Minnesota Statutes, chapters 181; 190; 197.
With the recommendation that when so amended the bill pass.
Joint Rule 2.03 has been waived for any subsequent committee
action on this bill.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 3761, A bill for an act relating to transportation;
authorizing sale of trunk highway bonds for capital improvements related to
transportation; establishing transit fund and accounts; providing for treatment
and allocation of tax proceeds related to motor vehicles; modifying proposed
amendment to Minnesota Constitution and its proposed ballot question; setting
certain court deadlines and procedures; modifying provisions relating to the
town bridge account, town road construction and maintenance, old automobile
liens, tow truck operators, impounded vehicles, the rail service improvement
account, the tax attributable to fuel used by all-terrain vehicles, and a
connector highway agreement; requiring a study; appropriating money; amending
Minnesota Statutes 2004, sections 16A.88; 161.082, subdivision 2a; 168B.06,
subdivision 1; 168B.07, by adding a subdivision; 169.829, subdivision 2;
169.86, by adding a subdivision; 222.50, subdivisions 6, 7; 296A.18,
subdivision 4; 297A.94; 297B.09,
subdivision 1; 471.345, by adding a subdivision; Minnesota Statutes 2005
Supplement, sections 168A.20, subdivision 5; 297A.815, by adding a subdivision;
Laws 2005, chapter 88, article 3, sections 9; 10; proposing coding for new law
in Minnesota Statutes, chapter 167.
Reported the same back with the following amendments:
Page 7, delete section 10 and insert:
"Sec. 10. Laws
2005, chapter 88, article 3, section 10, is amended to read:
Sec. 10. SUBMISSION TO VOTERS.
The constitutional amendment proposed in section 12
9 must be presented to the people at the 2006 general election. The question submitted must be:
"Shall the Minnesota Constitution be amended to dedicate
revenue from a tax on the sale of new and used motor vehicles over a five-year
period, so that after June 30, 2011, all of the revenue is dedicated at least
40 percent for public transit assistance and not more than 60 percent for
highway purposes? "Shall the Minnesota Constitution be amended so
that after June 30, 2011, all of the revenues from the existing tax on the sale
of new and used motor vehicles are dedicated to highways and public transit?
Yes
.......
No
........"
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Page 14, after line 19, insert:
"Sec. 5. Minnesota
Statutes 2004, section 169.824, subdivision 1, is amended to read:
Subdivision 1. Table of axle weight limits. (a) No vehicle or combination of vehicles
equipped with pneumatic tires shall be operated upon the highways of this state
where the total gross weight on any group of two or more consecutive axles of
any vehicle or combination of vehicles exceeds that given in the following
table for the distance between the centers of the first and last axles of any
group of two or more consecutive axles under consideration; unless otherwise
noted, the distance between axles being measured longitudinally to the nearest
even foot, and when the measurement is a fraction of exactly one-half foot the
next largest whole number in feet shall be used, except that when the distance
between axles is more than three feet four inches and less than three feet six
inches the distance of four feet shall be used:
|
Maximum gross weight in pounds on a group of |
|
2 |
3 |
4 |
Distances
in feet between centers of foremost and rearmost axles of a group |
consecutive
axles of a 2‑axle vehicle or of any vehicle or combination of vehicles
having a total of 2 or more axles |
consecutive
axles of a 3‑axle vehicle or of any vehicle or combination of vehicles
having a total of 3 or more axles |
consecutive
axles of a 4‑axle vehicle or any combination of vehicles having a total
of 4 or more axles |
4 |
34,000 |
|
|
5 |
34,000 |
|
|
6 |
34,000 |
|
|
7 |
34,000 |
37,000 |
|
8 |
34,000 |
38,500 |
|
8 plus |
34,000 |
42,000 |
|
|
(38,000) |
|
|
9 |
35,000 |
43,000 |
|
|
(39,000) |
|
|
10 |
36,000 |
43,500 |
49,000 |
|
(40,000) |
|
|
11 |
36,000 |
44,500 |
49,500 |
12 |
|
45,000 |
50,000 |
13 |
|
46,000 |
51,000 |
14 |
|
46,500 |
51,500 |
15 |
|
47,500 |
52,000 |
16 |
|
48,000 |
53,000 |
17 |
|
49,000 |
53,500 |
18 |
|
49,500 |
54,000 |
19 |
|
50,500 |
55,000 |
20 |
|
51,000 |
55,500 |
21 |
|
52,000 |
56,000 |
22 |
|
52,500 |
57,000 |
23 |
|
53,500 |
57,500 |
24 |
|
54,000 |
58,000 |
25 |
|
(55,000) |
59,000 |
26 |
|
(55,500) |
59,500 |
27 |
|
(56,500) |
60,000 |
28 |
|
(57,000) |
61,000 |
29 |
|
(58,000) |
61,500 |
30 |
|
(58,500) |
62,000 |
31 |
|
(59,500) |
63,000 |
32 |
|
(60,000) |
63,500 |
33 |
|
|
64,000 |
34 |
|
|
65,000 |
35 |
|
|
65,500 |
36 |
|
|
66,000 |
37 |
|
|
67,000 |
38 |
|
|
67,500 |
39 |
|
|
68,000 |
40 |
|
|
69,000 |
41 |
|
|
69,500 |
42 |
|
|
70,000 |
43 |
|
|
71,000 |
44 |
|
|
71,500 |
45 |
|
|
72,000 |
46 |
|
|
72,500 |
47 |
|
|
(73,500) |
48 |
|
|
(74,000) |
49 |
|
|
(74,500) |
50 |
|
|
(75,500) |
51 |
|
|
(76,000) |
The maximum
gross weight on a group of three consecutive axles where the distance between
centers of foremost and rearmost axles is listed as seven feet or eight feet
applies only to vehicles manufactured before August 1, 1991.
"8
plus" refers to any distance greater than eight feet but less than nine
feet.
|
Maximum gross weight in pounds on a group of |
|
5 |
6 |
7 |
Distances
in feet between centers of foremost and rearmost axles of a group |
consecutive
axles of a 5‑axle vehicle or any combination of vehicles having a total
of 5 or more axles |
consecutive
axles of a combination of vehicles having a total of 6 or more axles |
consecutive
axles of a combination of vehicles having a total of 7 or more axles |
14 |
57,000 |
|
|
15 |
57,500 |
|
|
16 |
58,000 |
|
|
17 |
59,000 |
|
|
18 |
59,500 |
|
|
19 |
60,000 |
|
|
20 |
60,500 |
66,000 |
72,000 |
21 |
61,500 |
67,000 |
72,500 |
22 |
62,000 |
67,500 |
73,000 |
23 |
62,500 |
68,000 |
73,500 |
24 |
63,000 |
68,500 |
74,000 |
25 |
64,000 |
69,000 |
75,000 |
26 |
64,500 |
70,000 |
75,500 |
27 |
65,000 |
70,500 |
76,000 |
28 |
65,500 |
71,000 |
76,500 |
29 |
66,500 |
71,500 |
77,000 |
30 |
67,000 |
72,000 |
77,500 |
31 |
67,500 |
73,000 |
78,500 |
32 |
68,000 |
73,500 |
79,000 |
33 |
69,000 |
74,000 |
79,500 |
34 |
69,500 |
74,500 |
80,000 |
35 |
70,000 |
75,000 |
|
36 |
70,500 |
76,000 |
|
37 |
71,500 |
76,500 |
|
38 |
72,000 |
77,000 |
|
39 |
72,500 |
77,500 |
|
40 |
73,000 |
78,000 |
|
41 |
(74,000) |
79,000 |
|
42 |
(74,500) |
79,500 |
|
43 |
(75,000) |
80,000 |
|
44 |
(75,500) |
|
|
45 |
(76,500) |
|
|
46 |
(77,000) |
|
|
47 |
(77,500) |
|
|
48 |
(78,000) |
|
|
49 |
(79,000) |
|
|
50 |
(79,500) |
|
|
51 |
(80,000) |
|
|
The gross
weights shown in parentheses in this table are permitted only on:
(1) state trunk highways and;
(2) routes designated under section 169.832, subdivision
11; and
(3) routes designated as having a maximum weight limit of
nine tons per axle.
(b) Notwithstanding any lesser weight in pounds shown in this
table but subject to the restrictions on gross vehicle weights in subdivision
2, paragraph (a), two consecutive sets of tandem axles may carry a gross load
of 34,000 pounds each and a combined gross load of 68,000 pounds provided the
overall distance between the first and last axles of the consecutive sets of
tandem axles is 36 feet or more.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 169.824, subdivision 2, is amended to read:
Subd. 2. Gross vehicle weight of all axles. (a) Notwithstanding the provisions of section
169.85, the gross vehicle weight of all axles of a vehicle or combination of
vehicles shall must not exceed:
(1) 80,000 pounds for any vehicle or combination of vehicles
on all state trunk highways as defined in section 160.02, subdivision 29, and
for all routes designated under section 169.832, subdivision 11 as
having a maximum weight limit of nine tons per axle;
(2) 88,000 pounds for any vehicle or combination of vehicles
with six or more axles while exclusively engaged in hauling livestock on all
state trunk highways other than interstate highways, if the vehicle has a
permit under section 169.86, subdivision 5, paragraph (k); and
(3) 73,280 pounds for any vehicle or combination of vehicles
with five axles or less on all routes, other than (i) state trunk
highways and, (ii) routes that are designated under section
169.832, subdivision 11, except that a vehicle needing reasonable access to
a terminal or facilities for food, fuel, repairs, and rest, located within
three miles of a ten-ton route, may not exceed 80,000 pounds.
"Terminal" means any location where freight either originates,
terminates, or is handled in the transportation process, or where commercial
motor carriers maintain operating facilities; and (iii) routes that are
designated as having a maximum weight limit of nine tons per axle.
(4) 80,000 pounds for any vehicle or combination of vehicles
with six or more axles on all routes, other than state trunk highways and
routes that are designated under section 169.832, subdivision 11.
(b)
The maximum weights specified in this section for five consecutive axles shall
not apply to a four-axle ready-mix concrete truck which was equipped with a
fifth axle prior to June 1, 1981. The
maximum gross weight on four or fewer consecutive axles of vehicles excepted by
this clause shall not exceed any maximum weight specified for four or fewer
consecutive axles in this section."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 8, after "liens," insert
"allowable vehicle weights on highways,"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 4183, A bill for an act relating to state
government; appropriating money and supplementing appropriations for economic
development and human services programs and activities; providing for
regulation of certain activities and practices; amending Minnesota Statutes
2004, sections 43A.08, subdivision 1a; 116.07, subdivision 2a; 116J.421, by
adding a subdivision; 116J.552, subdivision 7; 116L.04, subdivisions 1, 1a;
116L.12, subdivision 4; 119B.03, subdivision 4; 181.032; 216C.41, subdivision
4; 245A.023; 245A.14, by adding a subdivision; 259.87; 298.22, subdivisions 1,
8, by adding a subdivision; 298.2213, subdivision 4; 298.223, subdivisions 2,
3; 326.105; 446A.03, subdivision 5; 518.551, subdivision 7; Minnesota Statutes
2005 Supplement, sections 115C.09, subdivision 3j; 116J.551, subdivision 1;
116J.572, subdivision 3; 116J.575, subdivision 1; 298.296, subdivision 1;
298.298; 446A.073; Laws 2004, chapter 188, section 1, as amended; Laws 2005,
First Special Session chapter 1, article 3, section 17; proposing coding for
new law in Minnesota Statutes, chapters 116J; 216B; 256K; 259.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
SUPPLEMENTAL APPROPRIATIONS
Section 1. SUPPLEMENTAL APPROPRIATIONS.
The appropriations in this act are added to or, if shown in
parentheses, subtracted from the appropriations enacted into law by the
legislature in 2005, or other specified law, to the named agencies and for the
specified programs or activities. The
sums shown are appropriated from the funds named, to be available for the
fiscal years indicated: 2006 is the fiscal year ending June 30, 2006; 2007 is
the fiscal year ending June 30, 2007; and the biennium is fiscal years 2006 and
2007. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2006, are
effective the day following final enactment.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
ARTICLE 2
ECONOMIC
DEVELOPMENT
Section 1.
DEPARTMENT OF COMMERCE
Petroleum
Tank Release 477,000 478,000
General Fund -0- 600,000
Notwithstanding Minnesota Statutes,
section 115C.09, subdivision 2a, $477,000 in fiscal year 2006 and $478,000 in
fiscal year 2007 are appropriated from the petroleum tank release cleanup fund
to the commissioner of transportation for reimbursable costs under Minnesota
Statutes, section 115C.09, that were incurred before January 1, 2004. This is a onetime appropriation. This appropriation is in addition to any
appropriations for petroleum tank release cleanup enacted into law by the legislature
in 2005.
$600,000 in fiscal year 2007 is
appropriated from the general fund for a new unit in the market assurance
division specializing in serving and protecting seniors across all areas within
the responsibility of the Department of Commerce. This amount shall be added to the agency's
base.
Sec. 2. DEPARTMENT
OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
Workforce
Development -0- 450,000
$450,000 in fiscal year 2007
is appropriated from the workforce development fund for a pilot project to encourage
the licensure in Minnesota of foreign-trained health care professionals,
including physicians, nurses, dentists, pharmacists, veterinarians, and other
allied health care professionals. The
commissioner must work with local workforce boards to award grants to
foreign-trained health care professionals that are sufficient to cover the
actual costs of taking a course intended to prepare health care professionals
for required licensing examinations and the fee for taking required licensing
examinations. When awarding grants, the
commissioner must consider whether the recipient's training involves a medical
specialty that is in demand in one or more Minnesota communities. The commissioner also must establish
additional criteria for the award of grants. The program will begin on July 1, 2006, and
end on June 30, 2007. The commissioner
must submit a report evaluating the effectiveness of the pilot program to the
legislative committees with jurisdiction over employment by October 1,
2007. This is a onetime appropriation.
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 3. DEPARTMENT
OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
Summary by Fund
General
Fund -0- 1,900,000
$120,000 in fiscal year 2007 is
appropriated from the general fund for the Office of Entrepreneurship, created
in section 20. This is a onetime
appropriation. By December 15, 2006, the
commissioner of employment and economic development must submit a report to the
governor and the legislature setting forth a plan for funding the Office of
Entrepreneurship with existing agency resources. In developing the plan, the commissioner must
consider all existing resources available to the Department of Employment and
Economic Development, including nongovernmental grants and any other
appropriate funding resources.
$1,780,000 in fiscal year 2007 is
appropriated from the general fund for the direct and indirect expenses of the
collaborative research partnership between the University of Minnesota and the
Mayo Foundation for research in biotechnology and medical genomics. This is a onetime appropriation.
An annual report on the expenditure
of this appropriation must be submitted to the chairs of the senate Higher
Education Budget Division, the house of representatives Higher Education
Finance Committee, the senate Environment, Agriculture, and Economic
Development Budget Division, and the house of representatives Jobs and Economic
Opportunity Policy and Finance Committee by June 30 of each fiscal year until
the appropriation is expended. The
appropriation is available until expended.
Sec. 4.
TWENTY FIRST CENTURY MINERAL
FUND.
$500,000 is transferred from the
general fund in fiscal year 2008 only to the twenty first century mineral fund.
Sec. 5.
[15.995] HISTORIC PUBLICLY
OWNED BUILDINGS.
A city located within 150 miles of the Minnesota State
Capitol that has a population, according to the 2000 census, of more than 7,000
and less than 8,000 and is located in a county that has a population according
to that census of more than 31,000 and less than 32,000 must not sell property
it owns that is listed on the National Register of Historic Places, unless the
political subdivision first:
(1)
notifies the Minnesota Historical Society and waits at least two years, during
which the political subdivision must request of and receive from the Historical
Society a study of the best use of the property in order to ascertain and
preserve the historical value of the property and ensure public use; and
(2) requests of and receives from the Department of
Administration an inventory and appraisal of the affected real and personal
property to determine its value.
The Department of Administration and the Minnesota
Historical Society must jointly report their findings to the chairs and ranking
minority members of legislative committees with jurisdiction over state
government finance. The requesting
political subdivision must pay the Minnesota Historical Society and the
Department of Administration for services provided under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6.
Minnesota Statutes 2004, section 43A.08, subdivision 1a, is amended to
read:
Subd. 1a. Additional unclassified positions. Appointing authorities for the following
agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce;
Corrections; Education; Employee Relations; Employment and Economic Development;
Explore Minnesota Tourism; Finance; Health; Human Rights; Labor and
Industry; Natural Resources; Public Safety; Human Services; Revenue;
Transportation; and Veterans Affairs; the Housing Finance and Pollution Control
Agencies; the State Lottery; the state Board of Investment; the Office of
Administrative Hearings; the Office of Enterprise Technology; the Office
of Environmental Assistance; the Offices of the Attorney General, Secretary of
State, and State Auditor; the Minnesota State Colleges and Universities; the
Higher Education Services Office; the Perpich Center for Arts Education; and
the Minnesota Zoological Board.
A position designated by an appointing authority
according to this subdivision must meet the following standards and criteria:
(1) the designation of the position would not be
contrary to other law relating specifically to that agency;
(2) the person occupying the position would report
directly to the agency head or deputy agency head and would be designated as
part of the agency head's management team;
(3) the duties of the position would involve
significant discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;
(4) the duties of the position would not require
primarily personnel, accounting, or other technical expertise where continuity
in the position would be important;
(5) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with, the governor and
the agency head, the employing statutory board or commission, or the employing
constitutional officer;
(6) the position would be at the level of division or
bureau director or assistant to the agency head; and
(7) the commissioner has approved the designation as
being consistent with the standards and criteria in this subdivision.
Sec.
7. Minnesota Statutes 2004, section
80A.28, subdivision 1, is amended to read:
Subdivision 1. Registration or notice filing fee. (a) There shall be a filing fee of $100 for
every application for registration or notice filing. There shall be an additional fee of one-tenth
of one percent of the maximum aggregate offering price at which the securities
are to be offered in this state, and the maximum combined fees shall not exceed
$300.
(b) When an application for registration is withdrawn
before the effective date or a preeffective stop order is entered under section
80A.13, subdivision 1, all but the $100 filing fee shall be returned. If an application to register securities is
denied, the total of all fees received shall be retained.
(c) Where a filing is made in connection with a
federal covered security under section 18(b)(2) of the Securities Act of 1933,
there is a fee of $100 for every initial filing. If the filing is made in connection with
redeemable securities issued by an open end management company or unit
investment trust, as defined in the Investment Company Act of 1940, there is an
additional annual fee of 1/20 of one percent of the maximum aggregate offering
price at which the securities are to be offered in this state during the notice
filing period. The fee must be paid at
the time of the initial filing and thereafter in connection with each renewal
no later than July 1 of each year and must be sufficient to cover the shares
the issuer expects to sell in this state over the next 12 months. If during a current notice filing the issuer
determines it is likely to sell shares in excess of the shares for which fees
have been paid to the commissioner, the issuer shall submit an amended notice
filing to the commissioner under section 80A.122, subdivision 1, clause (3),
together with a fee of 1/20 of one percent of the maximum aggregate offering
price of the additional shares. Shares
for which a fee has been paid, but which have not been sold at the time of
expiration of the notice filing, may not be sold unless an additional fee to
cover the shares has been paid to the commissioner as provided in this section
and section 80A.122, subdivision 4a. If
the filing is made in connection with redeemable securities issued by such a
company or trust, there is no maximum fee for securities filings made according
to this paragraph. If the filing is made
in connection with any other federal covered security under Section 18(b)(2) of
the Securities Act of 1933, there is an additional fee of one-tenth of one
percent of the maximum aggregate offering price at which the securities are to
be offered in this state, and the combined fees shall not exceed $300. Beginning with fiscal year 2001 and
continuing each fiscal year thereafter, as of the last day of each fiscal year,
the commissioner shall determine the total amount of all fees that were
collected under this paragraph in connection with any filings made for that
fiscal year for securities of an open-end investment company on behalf of a
security that is a federal covered security pursuant to section 18(b)(2) of the
Securities Act of 1933. Beginning in
fiscal year 2001 and for each fiscal year prior to fiscal year 2007, to the
extent the total fees collected by the commissioner in connection with these
filings exceed $25,000,000 in a fiscal year, the commissioner shall refund, on
a pro rata basis, to all persons who paid any fees for that fiscal year, the
amount of fees collected by the commissioner in excess of $25,000,000. The commissioner shall not refund any fees
collected by the commissioner in connection with these filings in fiscal year
2007. In fiscal year 2008, to the extent
the total fees collected by the commissioner in connection with these filings
exceed $26,100,000 in a fiscal year, the commissioner shall refund, on a pro
rata basis, to all persons who paid any fees for that fiscal year, the amount
of fees collected by the commissioner in excess of $26,100,000. Beginning in fiscal year 2009, to the extent the
total fees collected by the commissioner in connection with these filings
exceed $25,600,000 in a fiscal year, the commissioner shall refund, on a pro
rata basis, to all persons who paid any fees for that fiscal year, the amount
of fees collected by the commissioner in excess of $25,600,000. No individual refund is required of
amounts of $100 or less for a fiscal year.
Sec. 8.
Minnesota Statutes 2005 Supplement, section 115C.09, subdivision 3j, is
amended to read:
Subd. 3j. Retail locations and transport vehicles. (a) As used in this subdivision, "retail
location" means a facility located in the metropolitan area as defined in
section 473.121, subdivision 2, where gasoline is offered for sale to the
general public for use in automobiles and trucks. "Transport vehicle"
means a liquid fuel cargo tank used to deliver gasoline into underground
storage tanks during 2002 and or 2003 at a retail location.
(b)
Notwithstanding any other provision in this chapter, and any rules adopted
under this chapter, the board shall reimburse 90 percent of an applicant's cost
for retrofits of retail locations and transport vehicles completed between
January 1, 2001, and January September 1, 2006, to comply with
section 116.49, subdivisions 3 and 4, provided that the board determines the
costs were incurred and reasonable. The
reimbursement may not exceed $3,000 per retail location and $3,000 per
transport vehicle.
EFFECTIVE
DATE. This section is
effective retroactively from August 1, 2003.
Sec. 9.
Minnesota Statutes 2004, section 116.07, subdivision 2a, is amended to
read:
Subd. 2a. Exemptions from standards. No standards adopted by any state agency for
limiting levels of noise in terms of sound pressure which may occur in the
outdoor atmosphere shall apply to (1) segments of trunk highways constructed
with federal interstate substitution money, provided that all reasonably
available noise mitigation measures are employed to abate noise, (2) an
existing or newly constructed segment of a highway, provided that all reasonably
available noise mitigation measures, as approved by the commissioners of the
Department of Transportation and Pollution Control Agency, are employed to
abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing
or newly constructed segment of a road, street, or highway under the
jurisdiction of a road authority of a town, statutory or home rule charter
city, or county, except for roadways for which full control of access has been
acquired, (4) skeet, trap or shooting sports clubs, or (5) motor vehicle race
events conducted at a facility specifically designed for that purpose that was
in operation on or before July 1, 1983. 1996. Motor vehicle race events exempted from state
standards under this subdivision are exempt from claims based on noise brought
under section 561.01 and chapters 116B and 116D. Nothing herein shall prohibit a local
unit of government or a public corporation with the power to make rules for the
government of its real property from regulating the location and operation of
skeet, trap or shooting sports clubs, or motor vehicle race events conducted at
a facility specifically designed for that purpose that was in operation on or
before July 1, 1983 1996.
Sec. 10.
Minnesota Statutes 2004, section 116J.421, is amended by adding a
subdivision to read:
Subd. 8.
Report on status of rural
Minnesota. The center must
report to the chairs of the senate and house of representatives committees with
primary jurisdiction over economic development and agriculture on the status of
rural Minnesota by January 15 of each odd-numbered year.
Sec. 11.
Minnesota Statutes 2004, section 116J.431, is amended by adding a
subdivision to read:
Subd. 9.
Annual report. The commissioner shall prepare and
submit to the legislature an annual report on the Greater Minnesota Business
Infrastructure Account. The report must
include information on the amount of money in the account, the amount
distributed, to whom the grants were distributed and for what purposes, and an
evaluation of the effectiveness of the projects funded in meeting the policies
and goals of the program, including jobs created and wages and benefits paid.
Sec. 12.
Minnesota Statutes 2005 Supplement, section 116J.551, subdivision 1, is
amended to read:
Subdivision 1. Grant account. A contaminated site cleanup and development
grant account is created in the general fund.
Money in the account may be used, as appropriated by law, to make grants
as provided in section 116J.554 and to pay for the commissioner's costs in reviewing
applications and making grants.
Notwithstanding section 16A.28, grant money appropriated to
the account for this program, from any source, is available for
four years until spent.
Sec.
13. Minnesota Statutes 2004, section
116J.552, subdivision 7, is amended to read:
Subd. 7. Project costs. "Project costs" includes cleanup
costs for the site and the cost of related site acquisition, demolition
of existing improvements, and installation of public improvements necessary for
the development authority to implement the response action plan.
Sec. 14.
Minnesota Statutes 2005 Supplement, section 116J.572, subdivision 3, is
amended to read:
Subd. 3. Redevelopment costs or costs. "Redevelopment costs" or
"costs" means the costs of land acquisition, stabilizing
unstable soils when infill is required, demolition, infrastructure
improvements, and ponding or other environmental infrastructure and costs
necessary for adaptive reuse of buildings, including remedial activities.
Sec. 15.
Minnesota Statutes 2005 Supplement, section 116J.575, subdivision 1, is
amended to read:
Subdivision 1. Commissioner discretion. The commissioner may make a grant for up to
50 percent of the eligible costs of a project.
The commissioner shall, in each grant cycle, make grants so that 50
percent of the dollar value of grants for that cycle are for projects located
outside of the metropolitan area and 50 percent are for projects located within
the metropolitan area. This allocation of
funds does not apply for any grant cycle in which the applications received by
the application deadline are insufficient to permit the equal division of
grants between metropolitan and nonmetropolitan projects. The determination of whether to make a
grant for a site is within the discretion of the commissioner, subject to this
section and sections 116J.571 to 116J.574 and available unencumbered money in
the redevelopment account. Notwithstanding
section 116J.573, if the commissioner determines that the applications for
grants for projects in greater Minnesota are less than the amount of grant
funds available, the commissioner may make grants for projects anywhere in
Minnesota. The commissioner's
decisions and application of the priorities under this section are not subject
to judicial review, except for abuse of discretion.
Sec. 16.
Minnesota Statutes 2005 Supplement, section 116J.575, is amended by
adding a subdivision to read:
Subd. 4.
Annual report. The commissioner shall prepare and submit
to the legislature an annual report on the redevelopment account. The report must include information on the
amount of money in the account, the amount distributed, to whom the grants were
distributed and for what purposes, and an evaluation of the effectiveness of
the projects funded in meeting the policies and goals of the program, including
jobs created and wages and benefits paid.
Sec. 17. [116J.656] SMALL BUSINESS ACCESS TO
FEDERAL RESEARCH FUNDS.
(a) The commissioner shall assist small businesses to
access federal funds through the federal Small Business Innovation Research
Program and the federal Small Business Technology Transfer Program. In providing this assistance, the
commissioner shall maintain connections to eligible federal programs, access specific
funding opportunities, review funding proposals, provide referrals to specific
consulting services, and hold training workshops throughout the state.
(b) Unless prohibited by federal law, the commissioner
must implement fees for services that help companies seek federal Phase II
Small Business Innovation Research grants.
The fees must be deposited in a special revenue account and are annually
appropriated to the commissioner for the federal Small Business Innovation
Research and federal Small Business Technology Transfer Programs.
Sec.
18. Minnesota Statutes 2004, section
116J.8731, subdivision 1, is amended to read:
Subdivision 1. Purpose. The Minnesota investment fund is created to
provide financial assistance, through partnership with communities, for the
creation of new employment or to maintain existing employment, and for business
start-up, expansions, and retention. It
shall accomplish these goals by the following means:
(1) creation or retention of permanent private-sector
jobs in order to create above-average economic growth consistent with
environmental protection, which includes investments in technology and
equipment that increase productivity and provide for a higher wage;
(2) stimulation or leverage of private investment to
ensure economic renewal and competitiveness;
(3) increasing the local tax base, based on
demonstrated measurable outcomes, to guarantee a diversified industry mix;
(4) improving the quality of existing jobs, based on
increases in wages or improvements in the job duties, training, or education
associated with those jobs;
(5) improvement of employment and economic opportunity
for citizens in the region to create a reasonable standard of living,
consistent with federal and state guidelines on low- to moderate-income
persons; and
(6) stimulation of productivity growth through improved
manufacturing or new technologies, including cold weather testing; and
(7) promoting businesses that convert to manufacturing
environmentally safe products.
Sec. 19.
Minnesota Statutes 2004, section 116J.8731, subdivision 4, is amended to
read:
Subd. 4. Eligible projects. Assistance must be evaluated on the existence
of the following conditions:
(1) creation of new jobs, retention of existing jobs,
or improvements in the quality of existing jobs as measured by the wages,
skills, or education associated with those jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of
public dollars induces private funds;
(4) the project can demonstrate an excessive public
infrastructure or improvement cost beyond the means of the affected community
and private participants in the project;
(5) the project provides higher wage levels to the
community or will add value to current workforce skills;
(6) the project encourages environmentally safe production
and products;
(7) whether assistance is necessary to
retain existing business; and
(7) (8) whether
assistance is necessary to attract out-of-state business.
A grant or loan cannot be made based solely on a
finding that the conditions in clause (6) or (7) or (8) exist. A finding must be made that a condition in
clause (1), (2), (3), (4), or (5) also exists.
Applications recommended for funding shall be submitted
to the commissioner.
Sec.
20. [116J.8743]
OFFICE OF ENTREPRENEURSHIP.
The Office of Entrepreneurship is established in the
Department of Employment and Economic Development. The objective of the Office of
Entrepreneurship is to develop and implement strategies to foster
entrepreneurial activity. In furtherance
of this objective, the Office of Entrepreneurship shall do the following:
(1) measure and report to the governor and the
legislature, by no later than March 1 of each odd-numbered year, on the status
of entrepreneurial activity in Minnesota, including small business formation,
survival, and growth;
(2) form an entrepreneurial advisory board with public
and private representatives to make recommendations on strategies and programs
and to develop specific goals for statewide entrepreneurial outcomes;
(3) identify barriers to entrepreneurial development
and conduct an inventory assessment of existing entrepreneurial resources in
order to develop a one-stop information and referral service that is responsive
to the needs of the entrepreneurial community;
(4) advance alternatives for the promotion of private
capital to provide better access to early stage funding for small businesses;
(5) work with secondary and higher education
institutions, businesses, nonprofit organizations, and state and federal
agencies to provide education, training, and technical assistance which
increase entrepreneurial literacy, skills, and experiences; and
(6) coordinate the state's direct services of small
business assistance and the small business development center network.
Members of the advisory board may include
representatives from: higher education institutions, small business development
centers, small business incubators, nonprofit organizations, economic
development authorities, commercial banks and other lending institutions, and
state and federal agencies.
Sec. 21. [116J.996] BIOSCIENCE AND BIOTECHNOLOGY
SUBSIDIES.
Subdivision 1.
Reporting by subsidy
recipients. Each recipient of
a state subsidy for bioscience or biotechnology must provide to the
commissioner of employment and economic development a written report by January
15 of each year. The report must address
(1) the projected and actual impact, if any, of the subsidy on reducing the
unit cost to consumers of pharmaceuticals, medical devices, and other
bioengineered products, including, but not limited to, agricultural products;
and (2) the projected and actual jobs created, including information about wage
levels and benefits of all employees and consultants, as a result of the
subsidy.
Subd. 2.
Compilation and summary report. By March 1 of each year, the
commissioner of employment and economic development must provide to the
legislature a compilation and summary report of the reports received from all
recipients of state subsidies for bioscience and biotechnology in compliance
with sections 3.195 and 3.197.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to all state subsidies
awarded on or after January 1, 2006.
Sec. 22.
Minnesota Statutes 2004, section 116L.04, subdivision 1, is amended to
read:
Subdivision 1. Partnership program. (a) The partnership program may provide
grants-in-aid to educational or other nonprofit educational institutions using
the following guidelines:
(1)
the educational or other nonprofit educational institution is a provider of
training within the state in either the public or private sector;
(2) the program involves skills training that is an
area of employment need; and
(3) preference will be given to educational or other
nonprofit training institutions which serve economically disadvantaged people,
minorities, or those who are victims of economic dislocation and to businesses
located in rural areas.
(b) A single grant to any one institution shall not
exceed $400,000. Up to 25 percent A
portion of a grant may be used for preemployment training.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23.
Minnesota Statutes 2004, section 116L.04, subdivision 1a, is amended to
read:
Subd. 1a. Pathways program. The pathways program may provide
grants-in-aid for developing programs which assist in the transition of persons
from welfare to work and assist individuals at or below 200 percent of the
federal poverty guidelines. The program
is to be operated by the board. The board
shall consult and coordinate with program administrators at the Department of
Employment and Economic Development to design and provide services for
temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or
other nonprofit training institutions for education and training programs and
services supporting education and training programs that serve eligible
recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career
paths for trainees;
(3) pilot the development of an educational pathway
that can be used on a continuing basis for transitioning persons from welfare
to work; and
(4) demonstrate the active participation of Department
of Employment and Economic Development workforce centers, Minnesota State
College and University institutions and other educational institutions, and
local welfare agencies.
Pathways projects must demonstrate the active involvement
and financial commitment of private business.
Pathways projects must be matched with cash or in-kind contributions on
at least a one-to-one ratio by participating private business.
A single grant to any one institution shall not exceed
$400,000. Up to 25 percent of A
portion of a grant may be used for preemployment training.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24.
Minnesota Statutes 2004, section 116L.12, subdivision 4, is amended to
read:
Subd. 4. Grants.
Within the limits of available appropriations, the board shall make
grants not to exceed $400,000 each to qualifying consortia to operate local,
regional, or statewide training and retention programs. Grants
may be made from TANF funds, general fund appropriations, and any other funding
sources available to the board, provided the requirements of those funding
sources are satisfied. Up to 25
percent A portion of a grant may be used for preemployment
training. Grant awards must establish specific,
measurable outcomes and timelines for achieving those outcomes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. [138.98] HISTORIC DESIGNATIONS OF
POSTSECONDARY STUDENT HOUSING.
A state or local government historic preservation
designation of real property adopted on or after August 1, 2002, that affects
property eligible for classification under section 273.13, subdivision 25,
paragraph (d), clause (4), is not effective with respect to the property unless
the property owner records in the office of the county recorder, or, if the
property is registered, in the office of the registrar of titles, of the county
where the property is located a duly executed and acknowledged written consent
to the designation containing the legal description of the property designated.
Sec. 26.
Minnesota Statutes 2004, section 181.032, is amended to read:
181.032
REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.
At the end of each pay period, the employer shall give
provide each employee an earnings statement, either in writing or
by electronic means, covering that pay period. An employer who chooses to provide an
earnings statement by electronic means must provide employee access to an
employer-owned computer during an employee's regular working hours to review
and print earnings statements. The
earnings statement may be in any form determined by the employer but must
include:
(a) the name of the employee;
(b) the hourly rate of pay (if applicable);
(c) the total number of hours worked by the employee
unless exempt from chapter 177;
(d) the total amount of gross pay earned by the
employee during that period;
(e) a list of deductions made from the employee's pay;
(f) the net amount of pay after all deductions are
made;
(g) the date on which the pay period ends; and
(h) the legal name of the employer and the operating
name of the employer if different from the legal name.
An employer must provide earnings statements to an
employee in writing, rather than by electronic means, if the employer has
received at least 24 hours notice from an employee that the employee would like
to receive earnings statements in written form.
Once an employer has received notice from an employee that the employee
would like to receive earnings statements in written form, the employer must
comply with that request on an ongoing basis.
Sec.
27. [216B.0951]
PREPURCHASE PROPANE FUEL PROGRAM.
Subdivision 1.
Created. The commissioner shall operate, or
contract to operate, a prepurchase propane fuel program.
Each July and August, the commissioner shall purchase
the lesser of one-third of the liquid propane fuel consumed by low-income home
energy assistance program recipients during the previous heating season or the
amount that can be purchased with available funds. The prepurchase propane fuel program must be
available statewide through each local agency that administers the energy
assistance program. The commissioner may
decide to limit or not engage in prepurchasing if the commissioner finds that
there is a reasonable likelihood that prepurchasing will not provide fuel-cost
savings.
Subd. 2.
Hedge account. The commissioner may establish a hedge
account with realized program savings due to prepurchasing. The account must be used to compensate
program recipients an amount up to the difference in cost for fuel provided to
the recipient if winter-delivered fuel prices are lower than the prepurchase or
summer-fill price. No more than ten
percent of the aggregate prepurchase program savings may be used to establish
the hedge account.
Subd. 3.
Report. The department shall issue an annual
report, made available electronically on its Web site and in print upon
request, which contains the following information:
(1) the cost per gallon of the prepurchased fuel;
(2) the total gallons of fuel prepurchased;
(3) the average cost of propane by month between
October and the following April;
(4) the number of energy assistance program households
receiving prepurchased fuel; and
(5) the average savings accruing or benefit increase
provided to energy assistance households.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28.
Minnesota Statutes 2005 Supplement, section 216C.41, subdivision 3, is
amended to read:
Subd. 3. Eligibility window. Payments may be made under this section only
for electricity generated:
(1) from a qualified hydroelectric facility that is
operational and generating electricity before December 31, 2007 2009;
(2) from a qualified wind energy conversion facility
that is operational and generating electricity before January 1, 2007
2008; or
(3) from a qualified on-farm biogas recovery facility
from July 1, 2001, through December 31, 2017.
Sec. 29.
Minnesota Statutes 2004, section 216C.41, subdivision 4, is amended to
read:
Subd. 4. Payment period. (a) A facility may receive payments under
this section for a ten-year period. No
payment under this section may be made for electricity generated:
(1) by a qualified hydroelectric facility after
December 31, 2017 2019;
(2) by a qualified wind energy conversion facility after December 31, 2017
2018; or
(3) by a qualified on-farm biogas recovery facility
after December 31, 2015.
(b) The payment period begins and runs consecutively
from the date the facility begins generating electricity or, in the case of
refurbishment of a hydropower facility, after substantial repairs to the
hydropower facility dam funded by the incentive payments are initiated.
Sec. 30.
Minnesota Statutes 2004, section 298.22, subdivision 1, is amended to
read:
Subdivision 1. The office of the commissioner of Iron
Range resources and rehabilitation.
(1) The office of the commissioner of Iron Range resources and
rehabilitation is created as an agency in the executive branch of state
government. The governor shall
appoint the commissioner of Iron Range resources and rehabilitation under
section 15.06.
(2) The commissioner may hold other positions or
appointments that are not incompatible with duties as commissioner of Iron
Range resources and rehabilitation. The
commissioner may appoint a deputy commissioner.
All expenses of the commissioner, including the payment of such staff
and other assistance as may be necessary, must be paid out of the amounts
appropriated by section 298.28 or otherwise made available by law to the
commissioner.
(3) When the commissioner determines that distress and
unemployment exists or may exist in the future in any county by reason of the
removal of natural resources or a possibly limited use of natural resources in
the future and any resulting decrease in employment, the commissioner may use
whatever amounts of the appropriation made to the commissioner of revenue in
section 298.28 that are determined to be necessary and proper in the development
of the remaining resources of the county and in the vocational training and
rehabilitation of its residents, except that the amount needed to cover cost
overruns awarded to a contractor by an arbitrator in relation to a contract
awarded by the commissioner or in effect after July 1, 1985, is appropriated
from the general fund. For the purposes
of this section, "development of remaining resources" includes, but
is not limited to, the promotion of tourism.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31.
Minnesota Statutes 2004, section 298.22, subdivision 8, is amended to
read:
Subd. 8. Spending priority. In making or approving any expenditures on
programs or projects, the commissioner and the board shall give the highest
priority to programs and projects that target relief to those areas of the
taconite assistance area as defined in section 273.1341, that have the largest
percentages of job losses and population losses directly attributable to the
economic downturn in the taconite industry since the 1980s. The commissioner and the board shall compare
the 1980 population and employment figures with the 2000 population and
employment figures, and shall specifically consider the job losses in 2000 and
2001 resulting from the closure of LTV Steel Mining Company, in making or
approving expenditures consistent with this subdivision, as well as the areas
of residence of persons who suffered job loss for which relief is to be
targeted under this subdivision. The
commissioner may lease, for a term not exceeding 50 years and upon the terms
determined by the commissioner and approved by the board, surface and mineral
interests owned or acquired by the state of Minnesota acting by and through the
office of the commissioner of Iron Range resources and rehabilitation within
those portions of the taconite assistance area impacted by the closure of the
LTV Steel Mining Company facility near Hoyt Lakes. The payments and royalties from such leases
must be deposited into the fund established in section 298.292. This subdivision supersedes any other
conflicting provisions of law and does not preclude the commissioner and the
board from making expenditures for programs and projects in other areas.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
32. Minnesota Statutes 2004, section
298.22, is amended by adding a subdivision to read:
Subd. 11.
Budgeting. The commissioner of Iron Range resources
and rehabilitation shall annually prepare a budget of operational expenditures,
programs, and projects, and submit it to the Iron Range Resources and
Rehabilitation Board and the governor for approval. The commissioner is authorized to expend
available funds approved in the budget for operational expenditures, projects,
and programs.
Sec. 33.
Minnesota Statutes 2004, section 298.2213, subdivision 4, is amended to
read:
Subd. 4. Project approval. The board and commissioner shall by
August 1 each year prepare a list of projects to be funded from the money
appropriated in this section with necessary supporting information including
descriptions of the projects, plans, and cost estimates. A project must not be approved by the board
unless it finds that:
(1) the project will materially assist, directly or
indirectly, the creation of additional long-term employment opportunities;
(2) the prospective benefits of the expenditure exceed
the anticipated costs; and
(3) in the case of assistance to private enterprise,
the project will serve a sound business purpose.
To be proposed by the board, a Each project
must be approved by a majority of the Iron Range Resources and Rehabilitation
Board members and the commissioner of Iron Range resources and
rehabilitation. The list of projects
must be submitted to the governor, who shall, by November 15 of each year,
approve, disapprove, or return for further consideration, each project. The money for a project may be spent only
upon approval of the project by the governor.
The board may submit supplemental projects for approval at any time.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 34.
Minnesota Statutes 2004, section 298.223, subdivision 2, is amended to
read:
Subd. 2. Administration. The taconite area environmental protection
fund shall be administered by the commissioner of the Iron Range Resources and
Rehabilitation Board. The commissioner
shall by September 1 of each year submit to the board a list of projects to be
funded from the taconite area environmental protection fund, with such
supporting information including description of the projects, plans, and cost
estimates as may be necessary. Upon
approval by a majority of the members of the Iron Range Resources and Rehabilitation
Board, this list shall be submitted to the governor by November 1 of each
year. By December 1 of each year, the
governor shall approve or disapprove, or return for further consideration, each
project. Funds for a project may be
expended only upon approval of the project by the board and governor. The commissioner may submit supplemental
projects to the board and governor for approval at any time.
Sec. 35.
Minnesota Statutes 2004, section 298.223, subdivision 3, is amended to
read:
Subd. 3. Appropriation. There is hereby annually appropriated to the
commissioner of Iron Range resources and rehabilitation such taconite area
environmental protection funds as are necessary to carry out the projects and
programs approved and such funds as are necessary for administration of
this section. Annual administrative
costs, not including detailed engineering expenses for the projects, shall not
exceed five percent of the amount annually expended from the fund.
Funds for the purposes of this section are provided by
section 298.28, subdivision 11, relating to the taconite area environmental
protection fund.
Sec.
36. Minnesota Statutes 2005 Supplement,
section 298.296, subdivision 1, is amended to read:
Subdivision 1. Project approval. The board and commissioner shall by
August 1 of each year prepare a list of projects to be funded from the Douglas
J. Johnson economic protection trust with necessary supporting information
including description of the projects, plans, and cost estimates. These projects shall be consistent with the
priorities established in section 298.292 and shall not be approved by the
board unless it finds that:
(a) the project will materially assist, directly or
indirectly, the creation of additional long-term employment opportunities;
(b) the prospective benefits of the expenditure exceed
the anticipated costs; and
(c) in the case of assistance to private enterprise,
the project will serve a sound business purpose.
To be proposed by the board, a Each project
must be approved by at least eight Iron Range Resources and Rehabilitation
Board members and the commissioner of Iron Range resources and
rehabilitation. The list of projects
shall be submitted to the governor, who shall, by November 15 of each year,
approve or disapprove, or return for further consideration, each project. The money for a project may be expended only
upon approval of the project by the governor.
The board may submit supplemental projects for approval at any time.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37.
Minnesota Statutes 2005 Supplement, section 298.298, is amended to read:
298.298
LONG-RANGE PLAN.
Consistent with the policy established in sections
298.291 to 298.298, the Iron Range Resources and Rehabilitation Board and
commissioner shall prepare and present to the governor and the legislature
by January 1, 1984 December 31, 2006, a long-range plan for the
use of the Douglas J. Johnson economic protection trust fund for the
economic development and diversification of the taconite assistance area defined
in section 273.1341. The Iron Range
Resources and Rehabilitation Board shall, before November 15 of each even
numbered year, prepare a report to the governor and legislature updating and
revising this long-range plan and reporting on the Iron Range Resources and
Rehabilitation Board's progress on those matters assigned to it by law. After January 1, 1984, No project shall
be approved by the Iron Range Resources and Rehabilitation Board which is not
consistent with the goals and objectives established in the long-range plan.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38.
Minnesota Statutes 2004, section 326.105, is amended to read:
326.105
FEES.
The fee for licensure or renewal of licensure as an
architect, professional engineer, land surveyor, landscape architect, or
geoscience professional is $120 per biennium.
The fee for certification as a certified interior designer or for
renewal of the certificate is $120 per biennium. The fee for an architect applying for
original certification as a certified interior designer is $50 per
biennium. The initial license or
certification fee for all professions is $120.
The renewal fee shall be paid biennially on or before June 30 of each
even-numbered year. The renewal fee,
when paid by mail, is not timely paid unless it is postmarked on or before June
30 of each even-numbered year. The
application fee is $25 for in-training applicants and $75 for professional
license applicants.
The fee for monitoring licensing examinations for
applicants is $25, payable by the applicant.
Sec.
39. Minnesota Statutes 2004, section
446A.03, subdivision 5, is amended to read:
Subd. 5. Executive director. The commissioner shall employ, with the
concurrence of the authority, an executive director in the unclassified
service. The director shall perform
duties that the authority may require in carrying out its responsibilities.
Sec. 40.
Minnesota Statutes 2005 Supplement, section 446A.073, is amended to
read:
446A.073
TOTAL MAXIMUM DAILY LOAD GRANTS.
Subdivision 1. Program established. When money is appropriated for grants
under this program, the authority must make grants to municipalities to
cover up to one-half 50 percent of the cost of wastewater
treatment or storm water projects made necessary by wasteload reductions
under total maximum daily load plans required by section 303(d) of the federal
Clean Water Act, United States Code, title 33, section 1313(d), or up to 50
percent of the additional project costs described in subdivision 3, paragraph
(b).
Subd. 2. Grant application. Application for a grant must be made to the
authority on forms prescribed by the authority for the total maximum daily load
grant program, with additional information as required by the authority,
including a project schedule and cost estimate for the work necessary to comply
with the point source wasteload allocation.
In accordance with section 116.182, the Pollution Control Agency shall:
(1) calculate the essential project component percentage,
which must be multiplied by the total project cost to determine the eligible
project cost; and
(2) review and certify approved projects to the
authority.
Subd. 3. Project priorities. (a) When money is appropriated for
grants under this program, the authority shall reserve money for projects expected
to start construction in the next 12 months in the order that:
(1) their total maximum daily load plan was approved by
the United States Environmental Protection Agency and in an amount based on
their most recent cost estimates submitted to the authority or the as-bid
costs, whichever is less.;
(2) their grant application is received by the
authority; and
(3) have the greatest load reduction as determined by
the Pollution Control Agency.
(b) Any balances remaining after money is reserved for
projects in paragraph (a) may be reserved for projects on the Pollution Control
Agency's project priority list to cover additional costs associated with
wastewater disposal methods not requiring a National Pollutant Discharge
Elimination System permit where a new discharge to an impaired water is
prohibited due to the lack of total maximum daily load approval by the United
States Environmental Protection Agency.
(c) The authority shall reserve money for projects in
an amount based on the most recent cost estimates submitted to the authority or
the as-bid costs, whichever is less.
Subd. 4. Grant approval. The authority must make a grant to a
municipality, as defined in section 116.182, subdivision 1, only after:
(1) the commissioner of the Minnesota Pollution Control
Agency has certified to the United States Environmental Protection Agency a
total maximum daily load plan for identified waters of this state that includes
a point source wasteload allocation, except for projects described in
subdivision 3, paragraph (b);
(2)
the Environmental Protection Agency has approved the plan total
maximum daily load, except for projects described in subdivision 3, paragraph
(b);
(3) a municipality affected by the plan has estimated
the cost to it of wastewater treatment projects necessary to comply with the
point source wasteload allocation for which money is reserved has
submitted the as-bid costs for its wastewater treatment or stormwater projects
to the authority;
(4) the Pollution Control Agency has approved the
cost estimate reviewed and certified the project to the authority;
and
(5) the authority has determined that the additional
financing necessary to complete the project has been committed from other
sources.
Subd. 5. Grant disbursement. Disbursement of a grant must be made for
eligible project costs as incurred by the municipality and in accordance with a
project financing agreement and applicable state and federal laws and rules
governing the payments.
Subd. 6. Fees. The authority may charge the grant
recipient a fee for its administrative costs not to exceed one-half of one
percent of the grant amount, to be paid upon execution of the grant agreement.
Sec. 41.
Minnesota Statutes 2004, section 469.334, subdivision 1, is amended to
read:
Subdivision 1. Commissioner to designate. (a) The commissioner, in consultation with
the commissioner of revenue and the director of the Office of Strategic and
Long-Range Planning, shall designate not more than one or more biotechnology
and health sciences industry zone.
Priority must be given to applicants with a development plan that links
a higher education/research institution with a biotechnology and health
sciences industry facility.
(b) The commissioner may consult with the applicant
prior to the designation of the zone.
The commissioner may modify the development plan, including the
boundaries of the zone or subzones, if in the commissioner's opinion a modified
plan would better meet the objectives of the biotechnology and health sciences
industry zone program. The commissioner
shall notify the applicant of the modifications and provide a statement of the
reasons for the modifications.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 42.
Minnesota Statutes 2004, section 469.334, subdivision 4, is amended to
read:
Subd. 4. Designation schedule. (a) The schedule in paragraphs (b) to (e)
applies to the designation of the first biotechnology and health
sciences industry zone.
(b) The commissioner shall publish the form for
applications and any procedural, form, or content requirements for applications
by no later than August 1, 2003. The
commissioner may publish these requirements on the Internet, in the State
Register, or by any other means the commissioner determines appropriate to
disseminate the information to potential applicants for designation.
(c) Applications must be submitted by October 15,
2003.
(d) The commissioner shall designate the zones by no
later than December 31, 2003.
(e) The designation of the zones takes effect January
1, 2004.
(f) Additional zones may be designated in later years, following substantially
the same application and designation process as provided in paragraphs (b) to
(e).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. Laws
2004, chapter 188, section 1, as amended by Laws 2005, chapter 134, section 3,
is amended to read:
Section 1. PILOT PROJECT.
The commissioner of employment and economic development
shall conduct an extended employment pilot project to study an industrial model
for employment for individuals with severe disabilities in Thief River Falls,
Minnesota.
Employment is to be provided by Custom Products, a
division of Occupational Development Center.
During the pilot, employment outcomes for individuals with severe
disabilities will be assumed to be community employment as defined under
Minnesota Rules, part 3300.2005. The
pilot project will begin July 1, 2004, and end June 30, 2006 2007. Evaluation of the pilot project must be
completed by October 1, 2006 2007, by the commissioner.
The pilot project must maintain a minimum ratio of 60
percent of nondisabled persons, must pay minimum wages or better to all
employees with severe disabilities, and must provide them a level of benefits
equal to those provided to nondisabled employees. All work teams must be integrated.
The pilot project must provide the extended employment
program with useful information to clarify the distinction between center-based
and community employment subprograms.
The commissioner shall consider the findings of the pilot project in
adopting rules.
Sec. 44. Laws
2005, First Special Session chapter 1, article 3, section 17, is amended to
read:
Sec. 17. FUND TRANSFER.
By June 30, 2007, the commissioner of the Pollution
Control Agency shall transfer $4,000,000 is appropriated from the
metropolitan landfill contingency action trust account within the remediation
fund to the commissioner of finance for transfer to the renewable development
account, under Minnesota Statutes, section 116C.779. This is a onetime transfer from the
metropolitan landfill contingency action trust account to the renewable
development account appropriation.
It is the intent of the legislature to restore these funds to the
metropolitan landfill contingency action trust account as revenues become
available in the future to ensure the state meets future financial obligations
under Minnesota Statutes, section 473.845.
The funds provided for in this transfer appropriation may
only be used to make the incentive payments for wind energy conversion systems
authorized under Minnesota Statutes, section 116C.779, subdivision 2.
Sec. 45. GRAND MOUND STATE HISTORIC SITE STUDY.
Subdivision 1.
Study. The Minnesota Historical Society, in
consultation with Koochiching County, the Minnesota Indian Affairs Council,
interested Indian tribes, and other interested groups and individuals, shall
study the future of the Grand Mound State Historic Site.
Subd. 2.
Report to legislature. The Minnesota Historical Society shall
report its findings and recommendations to the appropriate legislative
committees by January 30, 2007.
Sec.
46. PLUG-IN
HYBRID ELECTRIC VEHICLE TASK FORCE.
Subdivision 1.
Establishment; membership. The Plug-in Hybrid Electric Vehicle Task
Force is established. The task force
shall consist of 13 members as follows:
(1) one representative each from Xcel Energy and Great
River Energy;
(2) one representative each from the Department of
Commerce, the Department of Transportation, and the Pollution Control Agency;
(3) the director of the Travel Management Division of
the Department of Administration, or the director's designee;
(4) a representative from the University of Minnesota
Department of Electrical Engineering;
(5) one representative each from Minnesota-based
manufacturers of electric batteries, automotive parts, and power electronics;
(6) a representative from an environmental advocacy
organization active in electricity issues;
(7) a representative of United Auto Workers Local 879;
and
(8) a representative of the Ford Motor Company.
Subd. 2.
Appointment. The chairs of the senate and house of
representatives committees with primary jurisdiction over energy policy shall
jointly appoint the task force members.
Subd. 3.
Cochairs. The task force shall have two cochairs,
one appointed by each of the appointing authorities established in subdivision
2.
Subd. 4.
Charge. (a) The Plug-in Hybrid Electric Vehicle
Task Force shall identify barriers to the adoption of plug-in hybrid electric
vehicles by state agencies, small and large private fleets, and Minnesota
drivers at-large and develop strategies to be implemented over one-, three-,
and five-year time frames to overcome those barriers. Included in the analysis should be possible
financial incentives to encourage Ford Motor Company to produce plug-in hybrid,
flexible-fueled vehicles at its St. Paul plant.
(b) The task force shall consider and evaluate the
data and information presented to it under subdivision 5 in presenting its
findings and recommendations.
Subd. 5.
Data and analysis. The commissioner of the Pollution Control
Agency shall analyze and report to the task force the environmental impacts of
purchasing plug-in hybrid electric vehicles for the state-owned vehicle fleet
and at penetration rates of ten percent, 25 percent, and 50 percent of all
motor vehicles registered in this state.
The analysis must compare, for plug-in hybrid electric vehicles and current
fleet vehicles, air emissions of sulfur dioxide, nitrogen oxides, particulate
matter less than 2.5 microns in width, volatile organic compounds, and carbon
dioxide.
Subd. 6.
Expenses. Members of the task force are entitled to
reimbursement for expenses under Minnesota Statutes, section 15.059,
subdivision 6. Member reimbursements
shall be paid by the commissioner of commerce.
Subd. 7.
Staff. The state agencies represented on the
commission shall provide staff support.
Subd.
8.
Subd. 9.
Definition. As used in this section, "plug-in
hybrid electric vehicles" means a vehicle containing an internal
combustion engine that also allows power to be delivered to the drive wheels by
a battery-powered electric motor, and that meets applicable federal motor vehicle
safety standards. When connected to the
electrical grid via an electric outlet, the vehicle must be able to recharge
its battery. The vehicle must have the
ability to travel at least 30 miles, powered substantially by electricity.
Subd. 10.
Expiration. The task force expires on June 30, 2008.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 47. IMPLEMENTATION AND STEERING TASK FORCE.
Subdivision 1.
Task force established. An implementation and steering task force
is established to develop strategies around the master plan for restoration of
Victory Memorial Drive Historic District, as designated in Minnesota Statutes,
section 138.73, subdivision 26, including, but not limited to, efforts to
secure National Register designation and other efforts to provide funding to
preserve and restore the district's significant historical components and
natural features.
Subd. 2.
Membership. The implementation and steering task force
shall consist of 13 members including:
(1) the director of the Minnesota Historical Society
or a designee;
(2) the Minneapolis City Council member representing
the area;
(3) the Robbinsdale City Council member representing
the area;
(4) the chair of the Hennepin County Board of
Commissioners or the chair's designee;
(5) the president of the Minneapolis Park and
Recreation Board or the president's designee;
(6) two members from the house of representatives
representing the area;
(7) two members of the senate representing the area;
(8) two citizen representatives appointed by the
chair; and
(9) two representatives from local veterans
organizations appointed by the chair.
Subd. 3.
Report. The implementation and steering task force
shall report its actions to the appropriate policy committees of the
legislature once each biennium.
Subd. 4.
Staff support. The State Historic Preservation Office of
the Minnesota Historical Society; the Minneapolis Heritage Preservation
Commission; the Minneapolis Department of Public Works; the Minneapolis
Department of Grants and Planning; the Minneapolis Park Board; and the city of
Robbinsdale shall provide staff support to the Victory Memorial Drive
Implementation and Steering Task Force.
Subd.
5.
ARTICLE 3
CHILDREN AND FAMILIES
Section 1.
COMMISSIONER OF HUMAN SERVICES
BASIC SLIDING FEE ALLOCATIONS;
CONVERSION TO AUTOMATED SYSTEM. As
determined by the commissioner, counties may use up to six percent of either
calendar year 2008 or 2009 allocations under Minnesota Statutes, section
119B.03, to fund accelerated payments that may occur during the preceding
calendar year during conversion to the automated child care assistance program
system. If conversion occurs over two
calendar years, counties may use up to three percent of the combined calendar
year allocations to fund accelerated payments.
Funding advanced under this paragraph shall be considered part of the
allocation from which it was originally advanced for purposes of setting future
allocations under Minnesota Statutes, section 119B.03, subdivisions 6, 6a, 6b,
and 8, and shall include funding for administrative costs under Minnesota
Statutes, section 119B.15.
Notwithstanding the provisions of any law to the contrary, this
paragraph sunsets December 31, 2009.
CHILD CARE AND DEVELOPMENT FUND;
FEDERAL DEFICIT REDUCTION ACT OF 2005. Increased
child care funds from the federal Deficit Reduction Act of 2005 may be
allocated by the commissioner for the basic sliding fee child care program.
CHILDREN AND COMMUNITY SERVICES
GRANTS. Notwithstanding
Minnesota Statutes, section 256M.50, supplemental social service block grant
funds of $153,936 appropriated under the federal 2005 Department of Defense
Appropriations Act, Public Law 109-148, shall be allocated proportionately to
those counties that served hurricane evacuees and reported those services on
the Social Service Information System (SSIS).
COMMISSION SERVING DEAF AND
HARD-OF-HEARING PEOPLE. $175,000 is appropriated from the
telecommunications access Minnesota fund under Minnesota Statutes, section
237.52, to the commissioner of human services for fiscal year 2007, to
supplement the ongoing operational expenses of the Minnesota Commission Serving
Deaf and Hard-of-Hearing People. This
appropriation is in addition to any appropriations for the Minnesota Commission
Serving Deaf and Hard-of-Hearing People enacted into law in 2005 and shall be
added to the commission's base.
Sec.
2. Minnesota Statutes 2004, section
119B.03, subdivision 4, is amended to read:
Subd.
4. Funding
priority. (a) First priority for
child care assistance under the basic sliding fee program must be given to
eligible non-MFIP families who do not have a high school or general equivalency
diploma or who need remedial and basic skill courses in order to pursue
employment or to pursue education leading to employment and who need child care
assistance to participate in the education program. Within this priority, the following
subpriorities must be used:
(1) child
care needs of minor parents;
(2) child
care needs of parents under 21 years of age; and
(3) child
care needs of other parents within the priority group described in this
paragraph.
(b) Second
priority must be given to parents who have completed their MFIP or DWP
transition year, or parents who are no longer receiving or eligible for
diversionary work program supports.
(c) Third
priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(d) Fourth
priority must be given to families in which at least one parent is a veteran as
defined under section 197.447.
(d) (e) Families
under paragraph (b) must be added to the basic sliding fee waiting list on the
date they begin the transition year under section 119B.011, subdivision 20, and
must be moved into the basic sliding fee program as soon as possible after they
complete their transition year.
Sec.
3. Minnesota Statutes 2004, section
245A.023, is amended to read:
245A.023 IN-SERVICE TRAINING.
(a) For
purposes of child care centers, in-service training must be completed within
the license period for which it is required.
In-service training completed by staff persons as required must be
transferable upon a staff person's change in employment to another child care
program. License holders shall record
all staff in-service training on forms prescribed by the commissioner of human
services.
(b) For
purposes of family and group family child care, the license holder and each
primary caregiver must complete 12 hours of training each year. For purposes of this section, a primary
caregiver is an adult caregiver who provides services in a licensed setting
more than 30 days in any 12-month period.
Sec.
4. Minnesota Statutes 2004, section
245A.14, is amended by adding a subdivision to read:
Subd. 9a. Early
childhood development training. (a)
For purposes of child care centers, the director and all staff, after July 1,
2006, shall complete and document at least two hours of early childhood
development training within the first year of employment. Training completed under this subdivision may
be used to meet the requirements of Minnesota Rules, part 9503.0035, subparts 1
and 4.
(b) For
purposes of family and group family child care, the license holder and each
adult caregiver who provide care in a licensed setting more than 30 days in any
12-month period shall complete and document at least two hours of early
childhood development training within the first year of licensure or
employment. Training completed under
this subdivision may be used to meet the requirements of Minnesota Rules, part
9502.0385, subparts 2 and 3.
(c)
Notwithstanding paragraphs (a) and (b), individuals are exempt from this
requirement if they:
(1) have
taken a three-credit course on early childhood development within the past five
years;
(2) have
received a baccalaureate or masters degree in early childhood education or
school age child care within the past five years;
(3) are
licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten through grade 6 teacher with a prekindergarten
specialty, an early childhood special education teacher, or an elementary
teacher with a kindergarten endorsement; or
(4) have
received a baccalaureate degree with a Montessori certificate within the past
five years.
Sec.
5. Minnesota Statutes 2005 Supplement,
section 245A.146, subdivision 3, is amended to read:
Subd.
3. License
holder documentation of cribs. (a)
Annually, from the date printed on the license, all license holders shall check
all their cribs' brand names and model numbers against the United States
Consumer Product Safety Commission Web site listing of unsafe cribs.
(b) The
license holder shall maintain written documentation to be reviewed on site for
each crib showing that the review required in paragraph (a) has been completed,
and which of the following conditions applies:
(1) the
crib was not identified as unsafe on the United States Consumer Product Safety
Commission Web site;
(2) the
crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, but the license holder has taken the action directed by
the United States Consumer Product Safety Commission to make the crib safe; or
(3) the
crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, and the license holder has removed the crib so that it is
no longer used by or accessible to children in care.
(c)
Documentation of the review completed under this subdivision shall be
maintained by the license holder on site and made available to parents of
children in care and the commissioner.
(d)
Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider
that complies with this section may use a mesh sided playpen or crib that has
not been identified as unsafe on the United States Consumer Product Safety
Commission Web site for the care or sleeping of infants.
Sec.
6. [256K.60]
RUNAWAY AND HOMELESS YOUTH ACT.
Subdivision
1. Definitions. (a)
The definitions in this subdivision apply to this section.
(b)
"Commissioner" means the commissioner of human services.
(c)
"Homeless youth" means a person 21 years of age or younger who is
unaccompanied by a parent or guardian and is without shelter where appropriate
care and supervision are available, whose parent or legal guardian is unable or
unwilling to provide shelter and care, or who lacks a fixed, regular, and
adequate nighttime residence. The
following are not fixed, regular, or adequate nighttime residences:
(1) a
supervised publicly or privately operated shelter designed to provide temporary
living accommodations;
(2)
an institution or a publicly or privately operated shelter designed to provide
temporary living accommodations;
(3)
transitional housing;
(4) a
temporary placement with a peer, friend, or family member that has not offered
permanent residence, a residential lease, or temporary lodging for more than 30
days; or
(5) a
public or private place not designed for, nor ordinarily used as, a regular
sleeping accommodation for human beings.
Homeless
youth does not include persons incarcerated or otherwise detained under federal
or state law.
(d)
"Youth at risk of homelessness" means a person 21 years of age or
younger whose status or circumstances indicate a significant danger of
experiencing homelessness in the near future.
Status or circumstances that indicate a significant danger may include:
(1) youth exiting out-of-home placements; (2) youth who previously were
homeless; (3) youth whose parents or primary caregivers are or were previously
homeless; (4) youth who are exposed to abuse and neglect in their homes; (5)
youth who experience conflict with parents due to chemical or alcohol
dependency, mental health disabilities, or other disabilities; and (6)
runaways.
(e)
"Runaway" means an unmarried child under the age of 18 years who is
absent from the home of a parent or guardian or other lawful placement without
the consent of the parent, guardian, or lawful custodian.
Subd. 2. Homeless
and runaway youth report. The
commissioner shall develop a report for homeless youth, youth at risk of
homelessness, and runaways. The report
shall include coordination of services as defined under subdivisions 3 to 5.
Subd. 3. Street
and community outreach and drop-in program. Youth drop-in centers must provide walk-in
access to crisis intervention and ongoing supportive services including
one-to-one case management services on a self-referral basis. Street and community outreach programs must
locate, contact, and provide information, referrals, and services to homeless
youth, youth at risk of homelessness, and runaways. Information, referrals, and services provided
may include, but are not limited to:
(1) family
reunification services;
(2)
conflict resolution or mediation counseling;
(3)
assistance in obtaining temporary emergency shelter;
(4)
assistance in obtaining food, clothing, medical care, or mental health
counseling;
(5)
counseling regarding violence, prostitution, substance abuse, sexually
transmitted diseases, and pregnancy;
(6)
referrals to other agencies that provide support services to homeless youth,
youth at risk of homelessness, and runaways;
(7)
assistance with education, employment, and independent living skills;
(8)
aftercare services;
(9)
specialized services for highly vulnerable runaways and homeless youth,
including teen parents, emotionally disturbed and mentally ill youth, and
sexually exploited youth; and
(10)
homelessness prevention.
Subd. 4. Emergency
shelter program. (a)
Emergency shelter programs must provide homeless youth and runaways with
referral and walk-in access to emergency, short-term residential care. The program shall provide homeless youth and
runaways with safe, dignified shelter, including private shower facilities,
beds, and at least one meal each day; and shall assist a runaway with
reunification with the family or legal guardian when required or appropriate.
(b) The
services provided at emergency shelters may include, but are not limited to:
(1) family
reunification services;
(2)
individual, family, and group counseling;
(3)
assistance obtaining clothing;
(4) access
to medical and dental care and mental health counseling;
(5)
education and employment services;
(6)
recreational activities;
(7)
advocacy and referral services;
(8)
independent living skills training;
(9)
aftercare and follow-up services;
(10)
transportation; and
(11)
homelessness prevention.
Subd. 5. Supportive
housing and transitional living programs. Transitional living programs must help
homeless youth and youth at risk of homelessness to find and maintain safe,
dignified housing. The program may also
provide rental assistance and related supportive services, or refer youth to
other organizations or agencies that provide such services. Services provided may include, but are not
limited to:
(1)
educational assessment and referrals to educational programs;
(2) career
planning, employment, work skill training, and independent living skills
training;
(3) job
placement;
(4)
budgeting and money management;
(5)
assistance in securing housing appropriate to needs and income;
(6)
counseling regarding violence, prostitution, substance abuse, sexually
transmitted diseases, and pregnancy;
(7)
referral for medical services or chemical dependency treatment;
(8)
parenting skills;
(9)
self-sufficiency support services or life skill training;
(10)
aftercare and follow-up services; and
(11)
homelessness prevention.
Sec.
7. [259.86]
POSTADOPTION SEARCH SERVICES.
(a) The
commissioner of human services shall apply for and accept grant funds and
donations to offset the costs for developing and implementing a specialized
curriculum to train department, county agency, and social service agency staff
in performing and complying with the postadoption search services developed in
the best practices guidelines reported to the legislature in 2006. The commissioner shall develop the curriculum
and provide the training if sufficient funds are obtained to offset the costs.
(b) All
department and county social service agency staff providing postadoption search
services shall complete six hours of postadoption search services training as a
component of the child welfare training.
(c) All
private agency staff providing postadoption search services shall complete at
least six hours of postadoption search services training.
Sec.
8. Minnesota Statutes 2004, section
259.87, is amended to read:
259.87 RULES.
The commissioner
of human services shall make rules as necessary to administer sections 259.79 and,
259.83, and 259.86.
Sec.
9. Minnesota Statutes 2004, section
518.551, subdivision 7, is amended to read:
Subd.
7. Fees
and cost recovery fees for IV-D services. (a) When a recipient of IV-D services is no
longer receiving assistance under the state's title IV-A, IV-E foster care,
medical assistance, or MinnesotaCare programs, the public authority responsible
for child support enforcement must notify the recipient, within five working
days of the notification of ineligibility, that IV-D services will be continued
unless the public authority is notified to the contrary by the recipient. The notice must include the implications of
continuing to receive IV-D services, including the available services and fees,
cost recovery fees, and distribution policies relating to fees.
(b) An
application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving
public assistance as defined in section 256.741 and, if enacted, the
diversionary work program under section 256J.95, persons who transfer from
public assistance to nonpublic assistance status, and minor parents and parents
enrolled in a public secondary school, area learning center, or alternative
learning program approved by the commissioner of education.
(c) In
the case of an individual who has never received assistance under a state
program funded under Title IV-A of the Social Security Act and for whom the
public authority has collected at least $500 of support, the public authority
must impose an annual federal collections fee of $25 for each case in which
services are furnished. This fee must be
retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.
(d)
(1) is
currently receiving assistance under the state's title IV-A, IV-E foster care,
medical assistance, or MinnesotaCare programs; or
(2) has
received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.
(d) (e) When the
public authority provides full IV-D services to an obligor who has applied for
such services, upon written notice to the obligor, the public authority must
charge a cost recovery fee of one percent of the monthly court-ordered child
support and maintenance obligation. The
fee may be collected through income withholding, as well as by any other
enforcement remedy available to the public authority responsible for child
support enforcement.
(e) (f) Fees
assessed by state and federal tax agencies for collection of overdue support
owed to or on behalf of a person not receiving public assistance must be
imposed on the person for whom these services are provided. The public authority upon written notice to
the obligee shall assess a fee of $25 to the person not receiving public
assistance for each successful federal tax interception. The fee must be withheld prior to the release
of the funds received from each interception and deposited in the general fund.
(f) (g) Federal
collections fees collected under paragraph (c) and cost
recovery fees collected under paragraphs (c) and (d) and (e) shall
be considered child support program income according to Code of Federal
Regulations, title 45, section 304.50, and shall be deposited in the cost
recovery fee special revenue fund account established under
paragraph (h) (i). The
commissioner of human services must elect to recover costs based on either
actual or standardized costs.
(g) (h) The
limitations of this subdivision on the assessment of fees shall not apply to
the extent inconsistent with the requirements of federal law for receiving
funds for the programs under Title IV-A and Title IV-D of the Social Security
Act, United States Code, title 42, sections 601 to 613 and United States Code,
title 42, sections 651 to 662.
(h) (i) The
commissioner of human services is authorized to establish a special revenue
fund account to receive child support the federal collections fees
collected under paragraph (c) and cost recovery fees collected under
paragraphs (d) and (e). A portion of
the nonfederal share of these fees may be retained for expenditures necessary
to administer the fee fees and must be transferred to the child
support system special revenue account.
The remaining nonfederal share of the federal collections fees and cost
recovery fee fees must be retained by the commissioner and
dedicated to the child support general fund county performance-based grant
account authorized under sections 256.979 and 256.9791.
EFFECTIVE DATE. This section is effective October 1, 2006,
or later, if the commissioner determines that a later implementation will not
result in federal financial penalties.
Sec.
10. Minnesota Statutes 2004, section
518.6111, subdivision 4, is amended to read:
Subd.
4. Collection
services. (a) The commissioner of
human services shall prepare and make available to the courts a notice of
services that explains child support and maintenance collection services
available through the public authority, including income withholding, and the
fees for such services. Upon receiving a
petition for dissolution of marriage or, legal separation, or
other legal action in which income withholding or other child support
collection services may be ordered, the court administrator shall must
promptly send the notice of services to the petitioner and respondent at
the addresses stated in the petition. The
commissioner of human services shall periodically monitor compliance with this
notice requirement by court administrators.
(b)
Either the obligee or obligor may at any time apply to the public authority for
either full IV-D services or for income withholding only services.
(c) For
those persons applying for income withholding only services, a monthly service
fee of $15 must be charged to the obligor.
This fee is in addition to the amount of the support order and shall be
withheld through income withholding. The
public authority shall explain the service options in this section to the affected
parties and encourage the application for full child support collection
services.
(d) If the
obligee is not a current recipient of public assistance as defined in section
256.741, the person who applied for services may at any time choose to terminate
either full IV-D services or income withholding only services regardless of
whether income withholding is currently in place. The obligee or obligor may reapply for either
full IV-D services or income withholding only services at any time. Unless the applicant is a recipient of public
assistance as defined in section 256.741, a $25 application fee shall be
charged at the time of each application.
(e) When a
person terminates IV-D services, if an arrearage for public assistance as
defined in section 256.741 exists, the public authority may continue income
withholding, as well as use any other enforcement remedy for the collection of
child support, until all public assistance arrears are paid in full. Income withholding shall be in an amount
equal to 20 percent of the support order in effect at the time the services
terminated.
Sec.
11. RAMSEY
COUNTY CHILD CARE PILOT PROJECT.
Subdivision
1. Authorization for pilot project. The commissioner of human services shall
approve a pilot project in Ramsey County that will help teen parents remain in
school and complete the student's education while providing child care
assistance for the student's child. The
pilot project shall increase coordination between services from the Minnesota
family investment program, the child care assistance program, and area public
schools with the goal of removing barriers that prevent teen parents from
pursuing educational goals.
Subd. 2. Program
design and implementation. The
Ramsey County child care pilot project shall be established to improve the
coordination of services to teen parents.
The pilot project shall:
(1) provide
a streamlined process for sharing information between the Minnesota family
investment program under Minnesota Statutes, chapter 256J, the child care
assistance program under Minnesota Statutes, chapter 119B, and public schools
in Ramsey County;
(2)
determine eligibility for child care assistance using the teen parent's
eligibility for reduced-cost or free school lunches in place of income verification;
and
(3) waive
the child care parent fee under Minnesota Statutes, section 119B.12,
subdivision 2, for teen parents whose income is below poverty level and whose
children attend school-based child care centers.
Subd. 3.
Costs. Increased costs incurred under this
section shall not increase the basic sliding fee appropriation and shall not
affect funds available for distribution under Minnesota Statutes, section
119B.03, subdivisions 6 and 8."
Delete the
title and insert:
"A bill
for an act relating to state government; appropriating money and supplementing
appropriations for economic development and human services programs and
activities; providing for regulation of certain activities and practices;
regulating certain historically designated property; modifying and authorizing
fees; requiring reports; establishing task forces; amending Minnesota Statutes
2004, sections 43A.08, subdivision 1a; 116.07, subdivision 2a; 116J.421, by
adding a subdivision; 116J.552, subdivision 7; 116L.04, subdivisions 1, 1a;
116L.12, subdivision 4; 119B.03,
subdivision 4; 181.032; 216C.41, subdivision 4; 245A.023; 245A.14, by adding a
subdivision; 259.87; 298.22, subdivisions 1, 8, by adding a subdivision;
298.2213, subdivision 4; 298.223, subdivisions 2, 3; 326.105; 446A.03,
subdivision 5; 518.551, subdivision 7; Minnesota Statutes 2005 Supplement,
sections 115C.09, subdivision 3j; 116J.551, subdivision 1; 116J.572,
subdivision 3; 116J.575, subdivision 1; 298.296, subdivision 1; 298.298;
446A.073; Laws 2004, chapter 188, section 1, as amended; Laws 2005, First
Special Session chapter 1, article 3, section 17; proposing coding for new law
in Minnesota Statutes, chapters 116J; 216B; 256K; 259."
With the
recommendation that when so amended the bill pass.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 4185, A bill for an act relating to human services;
appropriating money for the Commission Serving Deaf and Hard-of-Hearing People.
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.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
S. F. No. 2302, A bill for an act relating to state
government; designating the state fruit; proposing coding for new law in
Minnesota Statutes, chapter 1.
Reported the same back with the recommendation that the bill
pass.
Joint Rule 2.03 has been waived for any subsequent committee
action on this bill.
The report was adopted.
SECOND READING OF HOUSE
BILLS
H. F. Nos. 333, 3664, 3761 and 4183 were
read for the second time.
SECOND READING OF SENATE
BILLS
S. F. No. 2302 was read for the second
time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Sailer and Eken introduced:
H. F. No. 4200, A bill for an act relating
to health; directing the Department of Human Services to file release of liens;
amending Minnesota Statutes 2005 Supplement, section 256B.15, subdivision 7.
The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
Westerberg introduced:
H. F. No. 4201, A bill for an act relating
to state government; authorizing the Minnesota Amateur Sports Commission to
renew leases for certain real property; amending Laws 1998, chapter 404,
section 15, subdivision 2, as amended.
The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
Seifert introduced:
H. F. No. 4202, A bill for an act relating
to education; requiring the Pledge of Allegiance to be recited in English;
amending Minnesota Statutes 2004, section 121A.11, subdivision 3.
The bill was read for the first time and
referred to the Committee on Education Policy and Reform.
Olson, by request, introduced:
H. F. No. 4203, A bill for an act relating
to professional sports facilities; providing for a study of a dual purpose
professional sports complex.
The bill was read for the first time and
referred to the Committee on Local Government.
Otremba, Juhnke, Marquart, Koenen,
Solberg, Murphy, Eken, Dill, Haws, Hosch, Lieder, Pelowski and Fritz
introduced:
H. F. No. 4204, A bill for an act relating
to health; prohibiting policy waiting periods for prenatal and maternity health
insurance benefits; establishing a parenting support grant program; modifying
parental notification requirements concerning abortion; establishing an
ultrasound equipment grant program; establishing an informational hotline on
available pregnancy, adoption, and parental support agencies; requiring
information on alpha-fetoprotein testing be provided; requiring adoption
referral information be provided; requiring adoption and parenting
counseling be provided; establishing an adoption tax credit; establishing civil
penalties; appropriating money; amending Minnesota Statutes 2004, sections
62A.011, by adding a subdivision; 62A.041, subdivision 2; 62A.0411; 62A.047;
144.343, subdivisions 2, 5; 145.4243; proposing coding for new law in Minnesota
Statutes, chapters 136A; 144; 145; 290.
The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 3488, A bill for an act relating
to legislation; correcting erroneous, ambiguous, and omitted text and obsolete
references; eliminating certain redundant, conflicting, and superseded
provisions; making miscellaneous technical corrections to statutes and other
laws; amending Minnesota Statutes 2004, sections 3.736, subdivision 8; 13.322,
subdivision 3, by adding a subdivision; 13.6905, by adding a subdivision;
16B.85, subdivision 5; 45.011, subdivision 1; 62D.03, subdivision 4; 62D.30,
subdivision 8; 62Q.19, subdivision 2; 82.50, subdivision 7; 97A.445,
subdivision 3; 103F.205, subdivision 1; 103G.293; 115A.0716, subdivision 3;
145A.09, subdivision 4; 168.187, subdivision 12; 169.781, subdivision 1;
253B.045, subdivision 2; 256.9831, subdivision 1; 256B.0917, subdivision 13;
256B.093, subdivision 3a; 256J.88; 260C.007, subdivision 6; 273.03, subdivision
3; 273.111, subdivision 3; 290.48, subdivision 10; 295.50, subdivision 10b;
297E.01, subdivision 8; 299A.292, subdivision 2; 299A.80, subdivision 1;
299C.091, subdivision 2; 349.12, subdivision 21; 353.27, subdivision 9; 353.33,
subdivision 1; 353.656, subdivision 8; 354.05, subdivision 13; 466.06; 581.02;
609.652, subdivision 2; 609.671, subdivision 1; 626.5572, subdivision 2;
Minnesota Statutes 2005 Supplement, sections 16C.33, subdivision 3; 116J.575,
subdivision 1; 138.17, subdivision 10; 144.225, subdivision 7; 144.335,
subdivision 1; 144.602, subdivision 1; 148B.60, subdivision 3; 148D.240,
subdivision 5; 168.128, subdivision 2; 168.33, subdivision 2; 169.18,
subdivision 11; 216B.1612, subdivision 2; 237.763; 245C.15, subdivision 3;
256B.441, subdivision 13; 270C.96; 289A.42, subdivision 1; 296A.22, subdivision
9; 325E.61, subdivision 5; 349.153; 357.021, subdivision 1a; 604A.33,
subdivision 1; Laws 2005, chapter 20,
article 2, section 1; Laws 2005, chapter 88, article 3, section 10; Laws 2005,
First Special Session chapter 6, article 3, section 95; repealing Minnesota
Statutes 2004, sections 155A.03, subdivision 11; 299J.061; 309.50, subdivision
8; 326.991, subdivision 2; Laws 2001, First Special Session chapter 5, article
12, sections 31; 32; Laws 2005, chapter 156, article 5, section 20; Laws 2005,
First Special Session chapter 4, article 5, section 14.
Patrick
E. Flahaven, Secretary of the Senate
Mr.
Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 2480, A bill for an act relating to a ballpark for
major league baseball; providing for the financing, construction, operation,
and maintenance of the ballpark and related facilities; establishing the
Minnesota Ballpark Authority; providing powers and duties of the authority;
providing a community ownership option; authorizing Hennepin
County to issue bonds and to contribute to ballpark costs and to engage in
ballpark and related activities; authorizing local sales and use taxes and
revenues; exempting Minnesota State High School League events from sales taxes;
requiring the Minnesota State High School League to transfer tax savings to a
foundation to promote extracurricular activities; exempting building materials
used for certain local government projects from certain taxes; amending
Minnesota Statutes 2004, sections 297A.70, subdivision 11; 297A.71, by adding
subdivisions; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision
35; repealing Minnesota Statutes 2004, sections 473I.01; 473I.02; 473I.03;
473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11; 473I.12;
473I.13.
The Senate has appointed as such
committee:
Senators Kelley, Betzold, Higgins, Marko
and Rosen.
Said House File is herewith returned to
the House.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 4162, A bill for an act relating
to the financing of state government; making supplemental appropriations;
regulating government operations; providing for and modifying certain programs;
regulating abortion funding and notification; providing for a Rochester campus
of the University of Minnesota; creating the Boxing Commission and regulating
boxing; ratifying certain labor agreements and compensation plans; providing
criminal penalties; appropriating money; amending Minnesota Statutes 2004,
sections 3.737, subdivision 1; 3.7371, subdivision 3; 13.3806, by adding a
subdivision; 16A.152, subdivision 1b; 137.022, subdivision 4; 137.17,
subdivisions 1, 3; 256.01, subdivision 18, by adding a subdivision; 256B.431,
by adding a subdivision; 256J.021; 256J.626, subdivision 2; Minnesota Statutes
2005 Supplement, sections 16A.152, subdivision 2; 35.05; 119B.13, subdivision
7; proposing coding for new law in Minnesota Statutes, chapters 4; 144; 197;
256; 256D; 341; repealing Minnesota Statutes 2004, sections 62J.694; 144.395.
The Senate has appointed as such
committee:
Senators Cohen, Berglin, Hottinger, Stumpf
and Frederickson.
Said House File is herewith returned to
the House.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2743, 3236, 2722 and 2798.
Patrick E. Flahaven, Secretary
of the Senate
Paulsen 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.
FIRST READING OF SENATE BILLS
S. F. No.
2743, A bill for an act relating to elections; setting the criteria for voting
systems to be used in elections; establishing a voting machines options working
group; providing appointments; amending Minnesota Statutes 2005 Supplement,
sections 206.56, subdivisions 1b, 3, 7a, 7b, 8; 206.61, subdivision 5; 206.80;
206.805, subdivision 1; 206.83; 206.90, subdivision 8.
The bill
was read for the first time.
Westrom
moved that S. F. No. 2743 and H. F. No. 3110, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
3236, A bill for an act relating to agriculture; modifying financial statement
requirements for grain buyers; amending Minnesota Statutes 2005 Supplement,
section 223.17, subdivision 6.
The bill
was read for the first time.
Magnus
moved that S. F. No. 3236 and H. F. No. 3376, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F. No.
2722, A bill for an act relating to finance; providing an appropriation for
emergencies; requiring reports and recommendations to bring the state budget
into compliance with generally accepted governmental accounting principles;
requiring disclosure of the impact of inflation on state expenditures;
requiring consultation on expenditure data; requiring a report of cash flow for
the general fund; providing continuing appropriations for the operation of
state government under certain conditions; giving legislators standing to sue
to enjoin expenditure of money out of the state treasury under certain
circumstances; appropriating money; amending Minnesota Statutes 2004, sections
9.061, subdivision 5; 16A.055, subdivision 1; 16A.103, subdivisions 1b, 1c, 1e;
16A.11, subdivision 2, by adding a subdivision; 16A.138; proposing coding for
new law in Minnesota Statutes, chapter 16A.
The bill
was read for the first time and referred to the Committee on Ways and Means.
S. F. No.
2798, A bill for an act relating to energy; modifying sustainable building
guidelines relating to greenhouse gases and extending assessments of energy
utilities; requiring reports on utility customers; authorizing prepurchase
propane fuel program; providing for residential heat reconnection arrangements;
modifying provisions for assisting low-income residential heating customers;
modifying renewable energy standards and objectives; defining "gross
operating revenue" for energy conservation investment; providing for
statewide energy-saving objectives; modifying renewable wind energy production
incentive payment periods; establishing Minnesota Renewable Hydrogen Initiative
and requiring development of standards; defining "energy conservation
investments" to
include renewable energy measures; clarifying status of biomass generation
facility; authorizing petroleum violation escrow funds to be used for energy
grants; establishing plug-in hybrid electric vehicle project and task force;
requiring a study; amending Minnesota Statutes 2004, sections 16B.325; 216B.16,
subdivision 15; 216B.1691; 216B.241, subdivisions 1a, 1c, 6; 216C.37,
subdivision 1; 216C.41, subdivision 4; Minnesota Statutes 2005 Supplement,
sections 216B.241, subdivisions 1b, 2; 216C.052, subdivisions 3, 4; 216C.41,
subdivision 3; Laws 2005, chapter 97,
article 13, section 4; proposing coding for new law in Minnesota Statutes,
chapters 216B; 325E.
The bill was
read for the first time.
Westrom
moved that S. F. No. 2798 and H. F. No. 3542, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Calendar for the Day for Monday, May 15, 2006:
H. F. No. 2972;
S. F. No. 762; H. F. No. 3116;
S. F. No. 3551; and H. F. No. 3538.
CALENDAR FOR THE DAY
S. F. No. 762 was reported
to the House.
The Speaker called Emmer to the Chair.
Knoblach moved to amend S. F. No. 762, the
fourth unofficial engrossment, as follows:
Page 12, after line 6, insert:
"Sec. 10.
Minnesota Statutes 2004, section 115.03, is amended by adding a
subdivision to read:
Subd. 10. Nutrient loading offset. (a) Prior to the completion of a total
maximum daily load for an impaired water, the Pollution Control Agency may
issue a permit for a new discharger or an expanding discharger if it results in
decreased loading to an impaired water.
Where a new discharger or an expanding existing discharger cannot
effectively implement zero discharge options, the agency may issue a permit if
the increased loading is offset by reductions from other sources of loading to
the impaired water, so that there is a net decrease in the pollutant loading of
concern. The term "new
discharger" is as defined in Code of Federal Regulations, title 40,
section 122.2.
(b) The legislature intends this subdivision to confirm and
clarify the authority of the pollution control agency to issue the authorized
permits under prior law. The subdivision
must not be construed as a legislative interpretation within the meaning of
Minnesota Statutes, section 645.16, clause (8), or otherwise as the
legislature's intent that the agency did not have authority to issue such a
permit under prior law."
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 Knoblach
amendment and the roll was called. There
were 68 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Marquart
McNamara
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Pelowski
Penas
Peppin
Peterson, N.
Poppe
Rukavina
Ruth
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Solberg
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Atkins
Bernardy
Carlson
Clark
Cox
Davnie
Dittrich
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Meslow
Moe
Mullery
Murphy
Nelson, M.
Paulsen
Paymar
Peterson, A.
Peterson, S.
Powell
Ruud
Sailer
Samuelson
Scalze
Sieben
Simon
Slawik
Sykora
Thao
Thissen
Tingelstad
Wagenius
Walker
Welti
The motion prevailed and the amendment was
adopted.
The Speaker resumed the Chair.
Hansen, Kelliher, Solberg and Juhnke moved
to amend S. F. No. 762, the fourth unofficial engrossment, as amended, as
follows:
Page 9, line 13, after the period, insert
"Agency members serve as nonvoting members of the council."
Page 9, line 29, before "In"
insert "Members appointed under clauses (1) to (12) must not be
registered lobbyists."
A roll call was requested and properly
seconded.
The question was taken on the Hansen et al
amendment and the roll was called. There
were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and the amendment was
adopted.
Olson, Marquart and Emmer moved to amend
S. F. No. 762, the fourth unofficial engrossment, as amended, as follows:
Page 8, after line 36, insert:
"Subd. 6. Variances and rehearings. (a) If a person believes that
implementation of a TMDL would violate their legal rights or it creates an
unreasonable and undue burden, the person may petition the Pollution Control
Agency for a rehearing on the TMDL, or for a variance from a TMDL. The Pollution Control Agency must grant a
request for a rehearing if the agency determines that the petition for
rehearing addresses circumstances that were not known or considered, or that
have changed since the adoption of the TMDL.
The Pollution Control Agency may grant a variance if the agency
determines that the application of the TMDL would result in hardship or
injustice, and that granting the variance would be consistent with legal
requirements and with public interest. A
person challenging application of a TMDL must exhaust remedies under this
section before filing a court action challenging the TMDL.
(b) As soon as possible after receiving a request for a
rehearing or a variance under this section, the Pollution Control Agency must
report for legislative consideration the request to the chairs and ranking
minority members of the house of representatives and senate committees with
jurisdiction over environmental policy issues."
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 Olson et al
amendment and the roll was called. There
were 10 yeas and 120 nays as follows:
Those who voted in the affirmative were:
Buesgens
Emmer
Erickson
Heidgerken
Holberg
Hoppe
Klinzing
Marquart
Olson
Soderstrom
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
The Speaker called Abrams to the Chair.
Lanning moved to amend S. F. No. 762, the
fourth unofficial engrossment, as amended, as follows:
Page 12, after line 17, insert:
"Sec. 11. PHOSPHORUS RULE; REPORT.
(a) Notwithstanding any law to the contrary, a provision of a
Minnesota Pollution Control Agency rule establishing new or changed limits on
phosphorus discharges from a new or existing wastewater facility must not take
effect until July 1, 2007.
(b) The Minnesota Pollution Control Agency must report to the
legislature by February 1, 2007, on a proposed or adopted rule changing limits
on phosphorus discharges. The report
must address scientific justification for the new rule and the impact the
proposed or adopted rule will have on needed funding to implement the Clean
Water Legacy Act."
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 Lanning
amendment and the roll was called. There
were 78 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lieder
Marquart
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Solberg
Sykora
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Atkins
Bernardy
Carlson
Clark
Cox
Davnie
Dittrich
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Nelson, M.
Paymar
Peterson, A.
Peterson, S.
Ruud
Scalze
Sieben
Simon
Slawik
Thao
Thissen
Tingelstad
Wagenius
Walker
The motion prevailed and the amendment was
adopted.
Dill moved to amend S. F. No. 762, the
fourth unofficial engrossment, as amended, as follows:
Page 3, line 20, delete "entity"
and insert "agency"
Page 8, line 26, delete "entity"
and insert "agency"
The motion prevailed and the amendment was
adopted.
Olson moved to amend S. F. No. 762, the
fourth unofficial engrossment, as amended, as follows:
Page 5, line 1, after "time"
insert "agreed to by all participants"
The motion did not prevail and the
amendment was not adopted.
Olson moved to amend S. F. No. 762, the
fourth unofficial engrossment, as amended, as follows:
Page 8, line 1, delete "30" and insert "90"
Page 8, line 15, delete "30" and insert "90"
Page 8, line 23, delete "30-day" and insert
"90-day"
A roll call was requested and properly seconded.
The question was taken on the Olson amendment and the roll was
called. There were 13 yeas and 118 nays
as follows:
Those who
voted in the affirmative were:
Buesgens
Charron
Emmer
Erickson
Heidgerken
Klinzing
Knoblach
Krinkie
Olson
Soderstrom
Vandeveer
Westrom
Wilkin
Those who
voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Olson moved to amend S. F. No. 762, the fourth unofficial
engrossment, as amended, as follows:
Page 8, line 22, delete "views submitted" and
insert "facts"
A roll call was requested and properly seconded.
The question was taken on the Olson
amendment and the roll was called. There
were 95 yeas and 36 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eastlund
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Holberg
Hornstein
Hosch
Johnson, J.
Johnson, R.
Juhnke
Kahn
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Liebling
Lillie
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Carlson
Clark
Davnie
Dempsey
Eken
Entenza
Greiling
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Howes
Huntley
Jaros
Johnson, S.
Kelliher
Larson
Latz
Lenczewski
Lesch
Lieder
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Paymar
Penas
Peterson, A.
Ruud
Sieben
Thao
Wagenius
Walker
The motion prevailed and the amendment was
adopted.
Olson, Dill and Rukavina moved to amend S.
F. No. 762, the fourth unofficial engrossment, as amended, as follows:
Page 4, line 24, delete everything after
the period and insert "Silviculture is excluded from TMDL mitigation
programs."
Page 4, delete lines 25 to 28
A roll call was requested and properly
seconded.
The question was taken on the Olson et al
amendment and the roll was called. There
were 14 yeas and 115 nays as follows:
Those who voted in the affirmative were:
Buesgens
Dill
Emmer
Erickson
Hackbarth
Heidgerken
Klinzing
Knoblach
Krinkie
Olson
Rukavina
Sertich
Soderstrom
Westrom
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
The Speaker resumed the Chair.
Olson moved to amend S. F. No. 762, the
fourth unofficial engrossment, as amended, as follows:
Page 9, line 15, delete "two"
and insert "three"
Page 9, line 17, delete "two"
and insert "one"
A roll call was requested and properly
seconded.
The question was taken on the Olson
amendment and the roll was called. There
were 21 yeas and 108 nays as follows:
Those who voted in the affirmative were:
Buesgens
Emmer
Erickson
Hamilton
Heidgerken
Juhnke
Klinzing
Knoblach
Krinkie
Lanning
Marquart
Olson
Rukavina
Ruth
Seifert
Severson
Soderstrom
Urdahl
Vandeveer
Westrom
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Kahn
Kelliher
Kohls
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Wagenius
Walker
Wardlow
Welti
Westerberg
Wilkin
Zellers
The motion did not prevail and the
amendment was not adopted.
Buesgens moved to amend S. F. No. 762, the
fourth unofficial engrossment, as amended, as follows:
Page 2, delete lines 31 and 32
Page 6, line 10, delete "The Clean
Water Council shall"
Page 6, line 11, delete "recommend
priorities for" and insert "When"
Page 6, line 12, after the first comma,
delete "taking into account" and insert "the Pollution
Control Agency must consider"
Page 6, line 13, delete "In
recommending priorities, the" and insert a comma
Page 6, line 14, delete "council
shall also give consideration to" and insert "and consider"
Page 6, line 29, delete "Clean
Water Council" and insert "Pollution Control Agency"
and delete "in its recommendations"
Page 7, line 5, delete "Clean
Water Council" and insert "Pollution Control Agency"
Page 7, line 7, delete "recommending"
and insert "considering"
Page 11, line 5, delete "Clean
Water Council" and insert "Pollution Control Agency"
Page 11, line 11, delete "Clean
Water Council" and insert "Pollution Control Agency"
Page 9, delete section 7
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
amendment and the roll was called. There
were 40 yeas and 91 nays as follows:
Those who voted in the affirmative were:
Beard
Blaine
Bradley
Buesgens
Charron
Cybart
Dean
DeLaForest
Demmer
Eastlund
Emmer
Erickson
Finstad
Gazelka
Hackbarth
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Nornes
Olson
Peppin
Rukavina
Ruth
Seifert
Severson
Soderstrom
Solberg
Urdahl
Vandeveer
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Atkins
Bernardy
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Sykora
Thao
Thissen
Tingelstad
Wagenius
Walker
Welti
The motion did not prevail and the
amendment was not adopted.
The Speaker called Davids to the Chair.
Olson moved to amend S. F. No. 762, the
fourth unofficial engrossment, as amended, as follows:
Page 5, line 9, before "The"
insert "(a)"
Page 6, after line 2, insert:
"(b) While conducting water
quality measurements under paragraph (a), clause (2), a citizen monitor must:
(1) before July 1, 2008, carry, and if requested provide,
information to a member of the public that is consistent with section 115.06,
subdivision 4, and Pollution Control Agency guidance on monitoring procedures,
quality assurance protocols, and data managements; and
(2) on July 1, 2008, and later, carry certification that the
monitor has passed a course in water quality monitoring at an accredited
educational facility."
The motion did not prevail and the
amendment was not adopted.
The Speaker resumed the Chair.
S. F. No. 762, A bill for an act relating
to the environment; creating the Clean Water Legacy Act; providing authority,
direction, and funding to achieve and maintain water quality standards for
Minnesota's surface waters in accordance with section 303(d) of the federal
Clean Water Act; appropriating money; amending Laws 2005, chapter 20, article
1, section 39; proposing coding for new law in Minnesota Statutes, chapter
446A; proposing coding for new law as Minnesota Statutes, chapter 114D.
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 127 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were: